" ! HOUSE OF REPRESENTATIVES 109TH CONGRESS

1st Session 

REPORT

109–360 

NATIONAL DEFENSE AUTHORIZATION 

ACT FOR FISCAL YEAR 2006 

CONFERENCE REPORT 

TO ACCOMPANY

H.R. 1815 

DECEMBER 18, 2005.—Ordered to be printed 


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NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2006 


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1 

24–864 

" ! HOUSE OF REPRESENTATIVES 109TH CONGRESS

1st Session 

REPORT

2005

109–360 

NATIONAL DEFENSE AUTHORIZATION 

ACT FOR FISCAL YEAR 2006 

CONFERENCE REPORT 

TO ACCOMPANY

H.R. 1815 

DECEMBER 18, 2005.—Ordered to be printed 


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ycherry on PROD1PC64 with REPORTS
(III) 

C O N T E N T S 

Page 

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE ............................................................................................................. 429 

Summary of Statement of Conference Actions ............................................... 429 

Summary Table of Authorizations .................................................................. 429 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS ................. 439 

TITLE I—PROCUREMENT .......................................................................................... 439 

Procurement overview ....................................................................... 439 

Aircraft Procurement, Army overview .............................................. 441 

Missile Procurement, Army overview ............................................... 444 

Procurement of Weapons and Tracked Combat Vehicles, Army 

overview ........................................................................................... 447 

Procurement of Ammunition, Army overview ................................. 451 

Other Procurement, Army overview ................................................. 455 

Aircraft Procurement, Navy overview .............................................. 465 

Weapons Procurement, Navy overview ............................................ 470 

Procurement of Ammunition, Navy and Marine Corps overview .. 474 

Shipbuilding and Conversion, Navy overview ................................. 477 

Other Procurement, Navy overview ................................................. 480 

Procurement, Marine Corps overview .............................................. 490 

Aircraft Procurement, Air Force overview ....................................... 496 

Procurement of Ammunition, Air Force overview ........................... 503 

Missile Procurement, Air Force overview ........................................ 506 

Other Procurement, Air Force overview ........................................... 509 

Procurement, Defense-wide overview ............................................... 516 

Items of Special Interest .................................................................................. 523 

Joint Combat Pistol program ............................................................ 523 

Legislative Provisions Adopted ........................................................................ 523 

Subtitle A—Authorization of Appropriations .......................................... 523 

Authorization of appropriations (secs. 101–104) ............................. 523 

Subtitle B—Army Programs ..................................................................... 523 

Multiyear procurement authority for utility helicopters (sec. 111) 523 

Multiyear procurement authority for Modernized Target Acquisition Designation Sight/Pilot Night Vision Sensors for AH–64 

Apache attack helicopters (sec. 112) ............................................. 524 

Multiyear procurement authority for conversion of AH–64A 

Apache attack helicopters to the AH–64D Block II configuration (sec. 113) .................................................................................. 524 

Acquisition strategy for tactical wheeled vehicle programs (sec. 

114) .................................................................................................. 524 

Report on Army modular force initiative (sec. 115) ........................ 525 

Subtitle C—Navy Programs ..................................................................... 526 

Virginia-class submarine program (sec. 121) ................................... 526 

LHA replacement (LHA(R)) amphibious assault ship program 

(sec. 122) .......................................................................................... 526 

Cost limitation for next-generation destroyer program (sec. 123) . 527 

Littoral combat ship (LCS) program (sec. 124) ................................ 527 

Prohibition on acquisition of next-generation destroyer through 

a single shipyard (sec. 125) ............................................................ 528 

Aircraft carrier force structure (sec. 126) ......................................... 529 

Refueling and complex overhaul of the USS Carl Vinson (sec. 

127) .................................................................................................. 529 

CVN–78 aircraft carrier (sec. 128) .................................................... 530 

LHA replacement (LHA(R)) ship (sec. 129) ...................................... 530 


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IV 

TITLE I—PROCUREMENT—Continued 

Legislative Provisions Adopted—Continued 

Subtitle C—Navy Programs—Continued 

Report on alternative propulsion methods for surface combatants 

and amphibious warfare ships (sec. 130) ...................................... 530 

Subtitle D—Air Force Programs .............................................................. 531 

C–17 aircraft program and assessment of intertheater airlift requirements (sec. 131) ...................................................................... 531 

Prohibition on retirement of KC–135E aircraft (sec. 132) .............. 532 

Prohibition on retirement of F–117 aircraft during fiscal year 

2006 (sec. 133) ................................................................................. 532 

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

during fiscal year 2006 (sec. 134) .................................................. 532 

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

(sec. 135) .......................................................................................... 532 

Report on Air Force aircraft aeromedical evacuation programs 

(sec. 136) .......................................................................................... 532 

Subtitle E—Joint and Multiservice Matters ........................................... 533 

Requirement that tactical unmanned aerial vehicles use specified 

standard data link (sec. 141) ......................................................... 533 

Limitation on initiation of new unmanned aerial vehicle systems 

(sec. 142) .......................................................................................... 534 

Advanced SEAL Delivery System (sec. 143) .................................... 534 

Legislative Provisions Not Adopted ................................................................ 535 

Authorization of two additional Arleigh Burke-class destroyers ... 535 

C–37B aircraft .................................................................................... 535 

Contingent transfer of additional funds for CVN–21 carrier replacement program ......................................................................... 535 

Contract requirement for Objective Individual Combat Weapon—

increment one ................................................................................. 536 

Rapid intravenous infusion pumps ................................................... 536 

Second source for production and supply of tires for the Stryker 

combat vehicle ................................................................................. 536 

UH–60 Black Hawk helicopter procurement in response to attrition ................................................................................................... 537 

Use of Tanker Replacement Transfer Fund for modernization 

of aerial refueling tankers ............................................................. 537 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION ............................. 537 

Research, Development, Test, and Evaluation overview ....................... 537 

Army ........................................................................................................... 539 

Research, Development, Test, and Evaluation, Army overview ..... 539 

Navy ........................................................................................................... 558 

Research, Development, Test, and Evaluation, Navy overview ..... 558 

Advanced submarine system development ...................................... 575 

Air Force .................................................................................................... 575 

Research, Development, Test, and Evaluation, Air Force overview .................................................................................................. 575 

Transformational satellite communications ..................................... 590 

Space Radar ........................................................................................ 591 

Penetrator study ................................................................................ 592 

E–8C joint surveillance and target attack radar system 

reengining ....................................................................................... 592 

Defense-wide .............................................................................................. 592 

Research, Development, Test, and Evaluation, Defense-wide 

overview ........................................................................................... 592 

Ballistic missile defense ..................................................................... 608 

Ground-based midcourse defense ...................................................... 608 

Aegis ballistic missile defense ........................................................... 608 

Ballistic missile defense system interceptor .................................... 609 

Tactical exploitation of innovative sensors ...................................... 609 

Test and Evaluation .................................................................................. 609 

Operational Test and Evaluation, Defense overview ...................... 609 

Items of Special Interest .................................................................................. 611 

Fuel Cell Vehicles .............................................................................. 611 

Joint Service Combat Feeding Technology ...................................... 611 

Report on naval surface fire support ................................................ 611 

Slow rotor concept .............................................................................. 611 


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V 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION—Continued 

Legislative Provisions Adopted ........................................................................ 612 

Subtitle A—Authorization of Appropriations .......................................... 612 

Authorization of appropriations (sec. 201) ....................................... 612 

Amount for defense science and technology (sec. 202) .................... 612 

Subtitle B—Program Requirements, Restrictions, and Limitations ..... 612 

Annual Comptroller General report on Future Combat Systems 

program (sec. 211) .......................................................................... 612 

Contract for the procurement of the Future Combat System 

(FCS) (sec. 212) ............................................................................... 612 

Limitations on systems development and demonstration of 

manned ground vehicles under Armored Systems Modernization program (sec. 213) ................................................................... 613 

Separate program elements required for significant systems development and demonstration projects for Armored Systems 

Modernization program (sec. 214) ................................................. 614 

Initiation of program to design and develop next-generation nuclear attack submarine (sec. 215) .................................................. 614 

Extension of requirements relating to management responsibility 

for naval mine countermeasures programs (sec. 216) ................. 614 

Single set of requirements for the Army and Marine Corps heavy 

lift rotorcraft program (sec. 217) ................................................... 615 

Requirements for development of tactical radio communications 

systems (sec. 218) ........................................................................... 615 

Limitation on systems development and demonstration of personnel recovery vehicle (sec. 219) .................................................. 616 

Limitation on VXX helicopter program (sec. 220) ........................... 617 

Report on testing of Internet Protocol version 6 (sec. 221) ............. 618 

Subtitle C—Missile Defense Programs .................................................... 618 

Report on capabilities and costs for operational boost/ascentphase missile defense systems (sec. 231) ...................................... 618 

One-year extension of Comptroller General assessments of ballistic missile defense programs (sec. 232) ..................................... 619 

Fielding of ballistic missile defense capabilities (sec. 233) ............. 619 

Plans for test and evaluation of operational capability of the 

ballistic missile defense system (sec. 234) .................................... 619 

Subtitle D—High-Performance Defense Manufacturing Technology 

Research and Development ................................................................... 619 

High-performance defense manufacturing technology research 

and development (secs. 241–245) .................................................. 619 

Subtitle E—Other Matters ....................................................................... 620 

Comptroller General report on program element structure for 

research, development, test, and evaluation projects (sec. 251) . 620 

Research and development efforts for purposes of small business 

research (sec. 252) .......................................................................... 620 

Revised requirements relating to submission of Joint Warfighting 

Science and Technology plan (sec. 253) ........................................ 621 

Report on efficiency of naval shipbuilding industry (sec. 254) ....... 621 

Technology transition (sec. 255) ........................................................ 622 

Prevention, mitigation, and treatment of blast injuries (sec. 256) 622 

Modification of requirements for annual report on DARPA program to award cash prizes for advanced technology achievements (sec. 257) .............................................................................. 622 

Designation of facilities and resources constituting the major 

range and test facility base (sec. 258) ........................................... 622 

Report on cooperation between Department of Defense and National Aeronautics and Space Administration on research, development, test, and evaluation activities (sec. 259) ................... 623 

Delayed effective date for limitation on procurement of systems 

not GPS-equipped (sec. 260) .......................................................... 623 

Report on development and use of robotics and unmanned 

ground vehicle systems (sec. 261) ................................................. 623 

Legislative Provisions Not Adopted ................................................................ 624 

Aging military aircraft fleet support ................................................ 624 

Arrow ballistic missile defense system ............................................. 624 

Defense basic research programs ...................................................... 624 

Field programmable gate array ........................................................ 625 


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VI 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION—Continued 

Legislative Provisions Not Adopted—Continued 

Funding for development of distributed generation technologies .. 625 

Funding for research and technology transition for high-brightness electron source program ........................................................ 625 

Funding for supersonic cruise missile engine qualification ............ 625 

Joint service small arms program .................................................... 625 

Long wavelength array low frequency radio astronomy instruments ............................................................................................... 626 

Medium tactical vehicle modifications ............................................. 626 

Objective requirements for Non-Line-of-Sight Cannon system not 

to be diminished to meet weight requirements ............................ 626 

Project Sheriff ..................................................................................... 626 

Renewal of University National Oceanographic Laboratory System fleet .......................................................................................... 626 

Required flight-intercept test of ballistic missile defense groundbased midcourse system ................................................................. 627 

Telemedicine and advanced technology research center ................. 627 

Towed array handler .......................................................................... 627 

Warhead/Grenade Scientific Based Manufacturing Technology .... 627 

TITLE III—OPERATION AND MAINTENANCE ............................................................ 628 

Operation and Maintenance overview .............................................. 628 

Items of Special Interest .................................................................................. 668 

Unjustified base support cost growth ............................................... 668 

Legislative Provisions Adopted ........................................................................ 668 

Subtitle A—Authorization of Appropriations .......................................... 668 

Authorization of appropriations (secs. 301–303) ............................. 668 

Subtitle B—Environmental Provisions .................................................... 668 

Elimination and simplification of certain items required in the 

annual report on environmental quality programs and other 

environmental activities (sec. 311) ................................................ 668 

Payment of certain private cleanup costs in connection with Defense environmental restoration program (sec. 312) ................... 668 

Subtitle C—Workplace and Depot Issues ................................................ 669 

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

(sec. 321) .......................................................................................... 669 

Limitation on transition of funding for east coast shipyards from 

funding through Navy Working Capital Fund to direct funding 

(sec. 322) .......................................................................................... 669 

Armament Retooling and Manufacturing Support Initiative matters (sec. 323) .................................................................................. 670 

Sense of Congress regarding depot maintenance (sec. 324) ........... 670 

Subtitle D—Extension of Program Authorities ....................................... 670 

Extension of authority to provide logistics support and services 

for weapon systems contractors (sec. 331) .................................... 670 

Extension of period for reimbursement for certain protective, 

safety, or health equipment purchased by or for members of 

the armed forces deployed in contingency operations (sec. 332) 671 

Subtitle E—Outsourcing ........................................................................... 671 

Public-private competition (sec. 341) ................................................ 671 

Contracting for procurement of certain supplies and services (sec. 

342) .................................................................................................. 671 

Performance of certain work by federal government employees 

(sec. 343) .......................................................................................... 672 

Extension of temporary authority for contractor performance of 

security guard functions (sec. 344) ................................................ 672 

Subtitle F—Analysis, Strategies, and Reports ........................................ 672 

Report on Department of Army programs for prepositioning of 

equipment and other materiel (sec. 351) ...................................... 672 

Reports on budget models used for base operations support, 

sustainment, and facilities recapitalization (sec. 352) ................. 673 

Army training strategy for brigade-based combat teams and 

functional supporting brigades (sec. 353) ..................................... 673 

Report regarding effect on military readiness of undocumented 

immigrants trespassing upon operational ranges (sec. 354) ....... 673 

Report regarding management of Army Lodging (sec. 355) ........... 674 


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VII 

TITLE III—OPERATION AND MAINTENANCE—Continued 

Legislative Provisions Adopted—Continued 

Subtitle F—Analysis, Strategies, and Reports—Continued 

Comptroller General report on corrosion prevention and mitigation programs of the Department of Defense (sec. 356) .............. 674 

Study on use of biodiesel and ethanol fuel (sec. 357) ...................... 675 

Report on effects of windmill farms on military readiness (sec. 

358) .................................................................................................. 675 

Report on space-available travel for certain disabled veterans 

and gray-area retirees (sec. 359) ................................................... 675 

Report on joint field training and experimentation on stability, 

security, transition, and reconstruction operations (sec. 360) .... 676 

Reports on budgeting relating to sustainment of key military 

equipment (sec. 361) ....................................................................... 676 

Repeal of Air Force report on military installation encroachment 

issues (sec. 362) .............................................................................. 676 

Subtitle G—Other Matters ....................................................................... 677 

Supervision and management of Defense Business Transformation Agency (sec. 371) ........................................................... 677 

Codification and revision of limitation on modification of major 

items of equipment scheduled for retirement or disposal (sec. 

372) .................................................................................................. 677 

Limitation on purchase of investment items with operation and 

maintenance funds (sec. 373) ........................................................ 677 

Operation and use of general gift funds of the Department of 

Defense and Coast Guard (sec. 374) ............................................. 677 

Inclusion of packet based telephony in Department of Defense 

telecommunications benefits (sec. 375) ......................................... 678 

Limitation on financial management improvement and audit initiatives within the Department of Defense (sec. 376) ................. 678 

Provision of welfare of special category residents at Naval Station Guantanamo Bay, Cuba (sec. 377) ........................................ 678 

Commemoration of success of the armed forces in Operation 

Enduring Freedom and Operation Iraqi Freedom (sec. 378) ...... 679 

Subtitle H—Utah Test and Training Range ........................................... 679 

Definitions (sec. 381) .......................................................................... 679 

Military operations and overflights, Utah Test and Training 

Range (sec. 382) .............................................................................. 679 

Analysis of military readiness and operational impacts in planning process for federal lands in Utah Test and Training 

Range (sec. 383) .............................................................................. 679 

Designation and management of Cedar Mountain Wilderness, 

Utah (sec. 384) ................................................................................ 680 

Relation to other lands (sec. 385) ..................................................... 680 

Legislative Provisions Not Adopted ................................................................ 680 

Child and family assistance benefits for members of the armed 

forces ................................................................................................ 680 

Congressional notification requirements regarding placement of 

liquefied natural gas facilities, pipelines, and related structures on defense lands .................................................................... 680 

Grants for local workforce investment boards for services for 

certain spouses of members of the armed forces .......................... 681 

Identification of additional Bureau of Land Management land 

in Utah as trust land for Skull Valley Band of Goshutes ........... 681 

Legal standing and bid protests by federal employees in actions 

under Office of Management and Budget Circular A–76 ............ 681 

Long Arm High-Intensity Arc Metal Halide Handheld Searchlight .................................................................................................. 682 

Navy human resources benefits call center ..................................... 682 

Pilot project on compatible use buffers on real property bordering 

Fort Carson, Colorado .................................................................... 682 

Point of Maintenance/Arsenal/Depot AIT Initiative ........................ 683 

Provision of Department of Defense support for certain 

paralympic sporting events ............................................................ 683 

Report on aircraft to perform High-Altitude Aviation Training 

Site ................................................................................................... 684 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS ............................................... 684 


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VIII 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS—Continued 

Legislative Provisions Adopted ........................................................................ 684 

Subtitle A—Active Forces ......................................................................... 684 

End strengths for active forces (sec. 401) ......................................... 684 

Revision in permanent active-duty end strength minimum levels 

(sec. 402) .......................................................................................... 685 

Additional authority for increases of Army and Marine Corps 

active-duty end strengths for fiscal years 2007 through 2009 

(sec. 403) .......................................................................................... 686 

Subtitle B—Reserve Forces ...................................................................... 686 

End strengths for Selected Reserve (sec. 411) ................................. 686 

End strengths for reserves on active duty in support of the 

reserves (sec. 412) ........................................................................... 686 

End strengths for military technicians (dual status) (sec. 413) ..... 687 

Fiscal year 2006 limitation on number of non-dual status technicians (sec. 414) ................................................................................ 688 

Maximum number of reserve personnel authorized to be on active duty for operational support (sec. 415) .................................. 688 

Subtitle C—Authorization of Appropriations .......................................... 688 

Military personnel (sec. 421) ............................................................. 688 

Armed Forces Retirement Home (sec. 422) ...................................... 689 

TITLE V—MILITARY PERSONNEL POLICY ................................................................ 689 

Items of Special Interest .................................................................................. 689 

Department of Defense Policy on Transportation of Military Remains ............................................................................................... 689 

Legislative Provisions Adopted ........................................................................ 690 

Subtitle A—Officer Personnel Policy ....................................................... 690 

Temporary increase in percentage limits on reduction of timein-grade requirements for retirement in grade upon voluntary 

retirement (sec. 501) ....................................................................... 690 

Two-year renewal of temporary authority to reduce minimum 

length of commissioned service required for voluntary retirement as an officer (sec. 502) .......................................................... 690 

Exclusion from active-duty general and flag officer distribution 

and strength limitations of officers on leave pending separation 

or retirement or between senior positions (sec. 503) ................... 690 

Consolidation of grade limitations on officer assignment and insignia practice known as frocking (sec. 504) ................................ 691 

Clarification of deadline for receipt by promotion selection boards 

of certain communications from eligible officers (sec. 505) ......... 691 

Furnishing to promotion selection boards of adverse information 

on officers eligible for promotion to certain senior grades (sec. 

506) .................................................................................................. 691 

Applicabilty of officer distribution and strength limitations to 

officers serving in intelligence community positions (sec. 507) .. 691 

Grades of the judge advocates general (sec. 508) ............................ 692 

Authority to retain permanent professors at the Naval Academy 

beyond 30 years of active commissioned service (sec. 509) ......... 692 

Authority for designation of a general/flag officer position on 

the Joint Staff to be held by reserve component general or 

flag officer on active duty (sec. 510) .............................................. 692 

Subtitle B—Reserve Component Management ....................................... 693 

Separation at age 64 for reserve component senior officers (sec. 

511) .................................................................................................. 693 

Modification of strength-in-grade limitations applicable to reserve flag officers in active status (sec. 512) ................................ 693 

Military technicians (dual status) mandatory separation (sec. 

513) .................................................................................................. 693 

Military retirement credit for certain service by National Guard 

members performed while in a state duty status immediately 

after the terrorist attacks of September 11, 2001 (sec. 514) ....... 693 

Redesignation of the Naval Reserve as the Navy Reserve (sec. 

515) .................................................................................................. 694 

Clarification of certain authorities relating to the Commission 

on the National Guard and Reserves (sec. 516) ........................... 694 

Report on employment matters for members of the reserve components (sec. 517) ........................................................................... 694 


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IX 

TITLE V—MILITARY PERSONNEL POLICY—Continued 

Legislative Provisions Adopted—Continued 

Subtitle B—Reserve Component Management—Continued 

Defense Science Board study on deployment of members of the 

National Guard and reserves in the global war on terrorism 

(sec. 518) .......................................................................................... 695 

Sense of Congress on certain matters relating to the National 

Guard and Reserves (sec. 519) ...................................................... 695 

Pilot program on enhanced quality of life for members of the 

Army Reserve and their families (sec. 520) .................................. 695 

Subtitle C—Education and Training ....................................................... 696 

Part I—Department of Defense Schools Generally ......................... 696 

Authority for National Defense University award of degree 

of Master of Science in Joint Campaign Planning and Strategy (sec. 521) ............................................................................... 696 

Authority for certain professional military education schools 

to receive faculty research grants for certain purposes (sec. 

522) ............................................................................................... 696 

Part II—United States Naval Postgraduate School ........................ 696 

Revision to mission of the Naval Postgraduate School (sec. 

523) ............................................................................................... 696 

Modification of eligibility for position of president of the Naval 

Postgraduate School (sec. 524) ................................................... 696 

Increased enrollment for eligible defense industry employees 

in the defense product development program at Naval Postgraduate School (sec. 525) .......................................................... 697 

Instruction for enlisted personnel by the Naval Postgraduate 

School (sec. 526) .......................................................................... 697 

Part III—Reserve Officers’ Training Corps ...................................... 698 

Repeal of limitation on amount of financial assistance under 

ROTC scholarship programs (sec. 531) ..................................... 698 

Increase in annual limit on number of ROTC scholarships 

under Army Reserve and National Guard program (sec. 532) 698 

Procedures for suspending financial assistance and subsistence 

allowance for senior ROTC cadets and midshipmen on the 

basis of health-related conditions (sec. 533) ............................. 698 

Eligibility of United States nationals for appointment to the 

Senior Reserve Officers’ Training Corps (sec. 534) .................. 699 

Promotion of foreign language skills among members of the 

Reserve Officers’ Training Corps (sec. 535) .............................. 699 

Designation of Ike Skelton Early Commissioning Program 

scholarships (sec. 536) ................................................................ 699 

Part IV—Other Matters .................................................................... 699 

Enhancement of educational loan repayment authorities (sec. 

537) ............................................................................................... 699 

Payment of expenses of members of the armed forces to obtain 

professional credentials (sec. 538) ............................................. 700 

Use of Reserve Montgomery GI Bill benefits and benefits for 

mobilized members of the Selected Reserve and National 

Guard for payments for licensing or certification tests (sec. 

539) ............................................................................................... 700 

Modification of educational assistance for reserves supporting 

contingency and other operations (sec. 540) ............................. 700 

Subtitle D—General Service Requirements ............................................ 701 

Ground combat and other exclusion policies (sec. 541) ................... 701 

Uniform citizenship or residency requirements for enlistment in 

the armed forces (sec. 542) ............................................................ 701 

Increase in maximum age for enlistment (sec. 543) ........................ 701 

Increase in maximum term of original enlistment in regular 

component (sec. 544) ...................................................................... 701 

National Call to Service program (sec. 545) .................................... 702 

Reports on information provided to potential recruits and to new 

entrants into the armed forces on ‘‘stop loss’’ authorities and 

initial period of military service obligation (sec. 546) ................. 702 

Subtitle E—Military Justice and Legal Assistance Matters ................. 702 

Offense of stalking under the Uniform Code of Military Justice 

(sec. 551) .......................................................................................... 702 


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X 

TITLE V—MILITARY PERSONNEL POLICY—Continued 

Legislative Provisions Adopted—Continued 

Subtitle E—Military Justice and Legal Assistance Matters—Continued 

Rape, sexual assault, and other sexual misconduct under Uniform Code of Military Justice (sec. 552) ....................................... 703 

Extension of statute of limitations for murder, rape, and child 

abuse offenses under the Uniform Code of Military Justice 

(sec. 553) .......................................................................................... 703 

Reports by officers and senior enlisted members of conviction 

of criminal law (sec. 554) ............................................................... 703 

Clarification of authority of military legal assistance counsel to 

provide military legal assistance without regard to licensing 

requirements (sec. 555) .................................................................. 704 

Use of teleconferencing in administrative sessions of courts-martial (sec. 556) ................................................................................... 704 

Sense of Congress on applicability of Uniform Code of Military 

Justice to reserves on inactive-duty training overseas (sec. 

557) .................................................................................................. 704 

Subtitle F—Matters Relating to Casualties ............................................ 705 

Authority for members on active duty with disabilities to participate in Paralympic Games (sec. 561) ............................................ 705 

Policy and procedures on casualty assistance to survivors of military decedents (sec. 562) ................................................................ 705 

Policy and procedures on assistance to severely wounded or injured service members (sec. 563) ................................................... 706 

Designation by members of the armed forces of persons authorized to direct the disposition of member remains (sec. 564) ....... 706 

Subtitle G—Assistance to Local Educational Agencies for Defense 

Dependents Education ........................................................................... 707 

Expansion of authorized enrollment in Department of Defense 

Dependents Schools overseas (sec. 571) ........................................ 707 

Assistance to local educational agencies that benefit dependents 

of members of the armed forces and Department of Defense 

civilian employees (sec. 572) .......................................................... 707 

Impact aid for children with severe disabilities (sec. 573) ............. 708 

Continuation of impact aid assistance on behalf of dependents 

of certain members despite change in status of member (sec. 

574) .................................................................................................. 708 

Subtitle H—Decorations and Awards ...................................................... 709 

Eligibility for Operation Enduring Freedom campaign medal (sec. 

576) .................................................................................................. 709 

Subtitle I—Consumer Protection Matters ............................................... 709 

Requirement for regulations on policies and procedures on personal commercial solicitations on Department of Defense installations (sec. 577) ....................................................................... 709 

Consumer education for members of the armed forces and their 

spouses on insurance and other financial services (sec. 578) ..... 709 

Report on predatory lending practices directed at members of 

the armed forces and their dependents (sec. 579) ....................... 710 

Subtitle J—Reports and Sense of Congress Statements ........................ 710 

Report on need for a personnel plan for linguists in the armed 

forces (sec. 581) ............................................................................... 710 

Sense of Congress that colleges and universities give equal access to military recruiters and ROTC in accordance with the 

Solomon amendment and requirement for report to Congress 

(sec. 582) .......................................................................................... 710 

Sense of Congress concerning study of options for providing 

homeland defense education (sec. 583) ......................................... 711 

Sense of Congress recognizing the diversity of the members of 

the armed forces serving in Operation Iraqi Freedom and Operation Enduring Freedom and honoring their sacrifices and 

the sacrifices of their families (sec. 584) ....................................... 711 

Subtitle K—Other Matters ....................................................................... 711 

Expansion and enhancement of authority to present recognition 

items for recruitment and retention purposes (sec. 589) ............ 711 


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XI 

TITLE V—MILITARY PERSONNEL POLICY—Continued 

Legislative Provisions Adopted—Continued 

Subtitle K—Other Matters—Continued 

Extension of date of submittal of report of Veterans’ Disability 

Benefits Commission (sec. 590) ..................................................... 712 

Recruitment and enlistment of home-schooled students in the 

armed forces (sec. 591) ................................................................... 712 

Modification of requirement for certain intermediaries under certain authorities relating to adoption (sec. 592) ............................ 712 

Adoption leave for members of the armed forces adopting children (sec. 593) ................................................................................. 712 

Addition of information to be covered in mandatory 

preseparation counseling (sec. 594) ............................................... 713 

Report on Transition Assistance Programs (sec. 595) ..................... 713 

Improvement to Department of Defense capacity to respond to 

sexual assault affecting members of the armed forces (sec. 

596) .................................................................................................. 713 

Authority for appointment of Coast Guard flag officer as Chief 

of Staff to the President (sec. 597) ................................................ 714 

Prayer at military service academy activities (sec. 598) ................. 714 

Modification of authority to make military working dogs available for adoption (sec. 599) ............................................................ 714 

Legislative Provisions Not Adopted ................................................................ 714 

Administrative censures of members of the armed forces .............. 714 

CAPSTONE overseas field studies trips to People’s Republic of 

China and Republic of China on Taiwan ...................................... 715 

Cold War Victory Medal .................................................................... 715 

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 ............................................................ 715 

Comptroller General study of military recruiting ........................... 716 

Eligibility of certain persons for space-available travel on military aircraft ..................................................................................... 716 

Establishment of Combat Medevac Badge ....................................... 716 

Extension of waiver authority of Secretary of Education with 

respect to student financial assistance during a war or other 

military operation or national emergency .................................... 716 

Federal assistance for state programs under the National Guard 

Youth Challenge program .............................................................. 717 

Improved administration of transitional assistance programs ....... 717 

Members completing statutory initial military service obligation . 717 

National Call to Service program ..................................................... 717 

Performance by reserve component personnel of operational test 

and evaluation and training relating to new equipment ............ 718 

Repeal of limitation on authority to redesignate the Naval Reserve as the Navy Reserve ............................................................. 718 

Sense of the Senate on notice to Congress of recognition of members of the armed forces for extraordinary acts of bravery, 

heroism, and achievement ............................................................. 718 

Short title ............................................................................................ 718 

Short title ............................................................................................ 719 

Standardization of grade of senior dental officer of the Air Force 

with that of senior dental officer of the Army .............................. 719 

Use of National Guard to provide military support to civilian 

law enforcement agencies for domestic counterterrorism activities ................................................................................................... 719 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS ............................. 719 

Legislative Provisions Adopted ........................................................................ 719 

Subtitle A—Pay and Allowances .............................................................. 719 

Increase in basic pay for fiscal year 2006 (sec. 601) ....................... 719 

Additional pay for permanent military professors at United 

States Naval Academy with over 36 years of service (sec. 602) . 719 

Basic pay rates for reserve component members selected to attend military service academy preparatory schools (sec. 603) .... 720 

Clarification of restriction on compensation for correspondence 

courses (sec. 604) ............................................................................ 720 


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XII 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS—Continued 

Legislative Provisions Adopted—Continued 

Subtitle A—Pay and Allowances—Continued 

Enhanced authority for agency contributions for members of the 

armed forces participating in the Thrift Savings Plan (sec. 

605) .................................................................................................. 720 

Pilot program on contributions to Thrift Savings Plan for initial 

enlistees in the Army (sec. 606) .................................................... 720 

Prohibition against requiring certain injured members to pay 

for meals provided by military treatment facilities (sec. 607) .... 720 

Permanent authority for supplemental subsistence allowance for 

low-income members with dependents (sec. 608) ........................ 721 

Increase in basic allowance for housing and extension of temporary lodging expenses authority for areas subject to major 

disaster declaration or for installations experiencing sudden 

increase in personnel levels (sec. 609) .......................................... 721 

Basic allowance for housing for reserve component members (sec. 

610) .................................................................................................. 721 

Permanent increase in length of time dependents of certain deceased members may continue to occupy military family housing or receive basic allowance for housing (sec. 611) ................... 722 

Overseas cost of living allowance (sec. 612) ..................................... 722 

Allowance to cover portion of monthly deduction from basic pay 

for Servicemembers’ Group Life Insurance coverage for members serving in Operation Enduring Freedom or Operation 

Iraqi Freedom (sec. 613) ................................................................ 722 

Income replacement payments for reserves experiencing extended and frequent mobilization for active duty service (sec. 

614) .................................................................................................. 723 

Subtitle B—Bonuses and Special and Incentive Pays ............................ 723 

Extension or resumption of certain bonus and special pay authorities for reserve forces (sec. 621) ............................................ 723 

Extension of certain bonus and special pay authorities for certain 

health care professionals (sec. 622) ............................................... 723 

Extension of special pay and bonus authorities for nuclear officers (sec. 623) .................................................................................. 724 

Extension of other bonus and special pay authorities (sec. 624) ... 724 

Eligibility of oral and maxillofacial surgeons for incentive special 

pay (sec. 625) ................................................................................... 724 

Eligibility of dental officers for additional special pay (sec. 626) ... 724 

Increase in maximum monthly rate authorized for hardship duty 

pay (sec. 627) ................................................................................... 725 

Flexible payment of assignment incentive pay (sec. 628) ............... 725 

Active-duty reenlistment bonus (sec. 629) ....................................... 725 

Reenlistment bonus for members of Selected Reserve (sec. 630) ... 725 

Consolidation and modification of bonuses for affiliation or enlistment in Selected Reserve (sec. 631) .............................................. 726 

Expansion and enhancement of special pay for enlisted members 

of the Selected Reserve assigned to certain high priority units 

(sec. 632) .......................................................................................... 726 

Eligibility requirements for prior service enlistment bonus (sec. 

633) .................................................................................................. 726 

Increase and enhancement of affiliation bonus for officers of the 

Selected Reserve (sec. 634) ............................................................ 726 

Increase in authorized maximum amount of enlistment bonus 

(sec. 635) .......................................................................................... 727 

Discretion of Secretary of Defense to authorize retroactive hostile 

fire and imminent danger pay (sec. 636) ...................................... 727 

Increase in maximum bonus amount for nuclear-qualified officers 

extending period of active duty (sec. 637) .................................... 727 

Increase in maximum amount of nuclear career annual incentive 

bonus for nuclear-qualified officers trained while serving as 

enlisted members (sec. 638) ........................................................... 727 

Uniform payment of foreign language proficiency pay to eligible 

reserve component members and regular component members 

(sec. 639) .......................................................................................... 727 


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XIII 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS—Continued 

Legislative Provisions Adopted—Continued 

Subtitle B—Bonuses and Special and Incentive Pays—Continued 

Retention bonus for members qualified in certain critical skills 

or assigned to high priority units (sec. 640) ................................. 728 

Incentive bonus for transfer between armed forces (sec. 641) ....... 728 

Availability of special pay for members during rehabilitation 

from wounds, injuries, and illnesses incurred in a combat operation or combat zone (sec. 642) ...................................................... 728 

Pay and benefits to facilitate voluntary separation of targeted 

members of the armed forces (sec. 643) ........................................ 729 

Ratification of payment of critical-skills accession bonus for persons enrolled in Senior Reserve Officers’ Training Corps obtaining nursing degrees (sec. 644) ................................................. 729 

Temporary authority to pay bonus to encourage members of the 

Army to refer other persons for enlistment in the Army (sec. 

645) .................................................................................................. 730 

Subtitle C—Travel and Transportation Allowances ............................... 730 

Authorized absences of members for which lodging expenses at 

temporary duty location may be paid (sec. 651) .......................... 730 

Extended period for selection of home for travel and transportation allowances for dependents of deceased member (sec. 

652) .................................................................................................. 730 

Transportation of family members in connection with the repatriation of members held captive (sec. 653) ...................................... 730 

Increased weight allowances for shipment of household goods 

of senior noncommissioned officers (sec. 654) .............................. 731 

Permanent authority to provide travel and transportation allowances for family members to visit hospitalized members of 

the armed forces injured in combat operation or combat zone 

(sec. 655) .......................................................................................... 731 

Subtitle D—Retired Pay and Survivor Benefits ..................................... 731 

Monthly disbursement to states of State income tax withheld 

from retired or retainer pay (sec. 661) .......................................... 731 

Denial of certain burial-related benefits for individuals who committed a capital offense (sec. 662) ................................................. 731 

Concurrent receipt of veterans disability compensation and military retired pay (sec. 663) .............................................................. 732 

Additional amounts of death gratuity for survivors of certain 

members of the armed forces dying on active duty (sec. 664) .... 732 

Child support for certain minor children of retirement-eligible 

members convicted of domestic violence resulting in death of 

child’s other parent (sec. 665) ........................................................ 733 

Comptroller General report on actuarial soundness of the Survivor Benefit Plan (sec. 666) .......................................................... 733 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality 

Benefits ................................................................................................... 734 

Increase in authorized level of supplies and services procurement 

from overseas exchange stores (sec. 671) ...................................... 734 

Requirements for private operation of commissary store functions 

(sec. 672) .......................................................................................... 734 

Provision of and payment for overseas transportation services 

for commissary and exchange supplies and products (sec. 673) . 734 

Compensatory time off for certain nonappropriated fund employees (sec. 674) ................................................................................... 734 

Rest and Recuperation Leave Programs (sec. 675) ......................... 734 

Subtitle F—Other Matters ....................................................................... 735 

Temporary Army authority to provide additional recruitment incentives (sec. 681) ........................................................................... 735 

Clarification of leave accrual for members assigned to a 

deployable ship or mobile unit or other duty (sec. 682) .............. 735 

Expansion of authority to remit or cancel indebtedness of members of the armed forces incurred on active duty (sec. 683) ........ 735 

Loan repayment program for chaplains in the Selected Reserve 

(sec. 684) .......................................................................................... 736 


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XIV 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS—Continued 

Legislative Provisions Adopted—Continued 

Subtitle F—Other Matters—Continued 

Inclusion of Senior Enlisted Advisor for the Chairman of the 

Joint Chiefs of Staff among senior enlisted members of the 

armed forces (sec. 685) ................................................................... 736 

Special and incentive pays considered for saved pay upon appointment of members as officers (sec. 686) ................................. 736 

Repayment of unearned portion of bonuses, special pays, and 

educational benefits (sec. 687) ....................................................... 736 

Rights of members of the armed forces and their dependents 

under Housing and Urban Development Act of 1968 (sec. 688) . 737 

Extension of eligibility for SSI for certain individuals in families 

that include members of the Reserve and National Guard (sec. 

689) .................................................................................................. 737 

Information for members of the armed forces and their dependents on rights and protections of the Servicemembers Civil 

Relief Act (sec. 690) ........................................................................ 737 

Legislative Provisions Not Adopted ................................................................ 737 

Comptroller General report regarding compensation and benefits 

for reserve component members .................................................... 737 

Effective date for paid-up coverage under SBP ............................... 738 

Increase in maximum rate of assignment incentive pay ................ 738 

Provision of information technology services for accommodations 

provided by non-appropriated fund instrumentalities for 

wounded members of the armed forces and their families ......... 738 

Repeal of requirement of reduction of SBP survivor annuities 

by dependency and indemnity compensation ............................... 738 

Revision to eligibility for nonregular service retirement after establishing eligibility for regular retirement ................................. 739 

Special compensation for reserve component members who are 

also tobacco farmers adversely affected by terms of tobacco 

quota buyout ................................................................................... 739 

TITLE VII—HEALTH CARE PROVISIONS ................................................................... 739 

Items of Special Interest .................................................................................. 739 

Plan to expedite authorization for use of medical products in 

an avian or pandemic influenza emergency ................................. 739 

Legislative Provisions Adopted ........................................................................ 740 

Subtitle A—Improvements to Health Benefits for Reserves ................. 740 

Enhancement of TRICARE Reserve Select Program (sec. 701) ..... 740 

Expanded eligibility of members of the Selected Reserve under 

the TRICARE program (sec. 702) .................................................. 741 

Subtitle B—TRICARE Program Improvements ...................................... 742 

Additional information required by surveys on TRICARE Standard (sec. 711) ................................................................................... 742 

Availability of chiropractic health care services (sec. 712) ............. 742 

Surviving-dependent eligibility under TRICARE dental plan for 

surviving spouses who were on active duty at time of death 

of military spouse (sec. 713) .......................................................... 743 

Exceptional eligibility for TRICARE Prime Remote (sec. 714) ....... 743 

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. 

715) .................................................................................................. 743 

TRICARE Standard in TRICARE regional offices (sec. 716) .......... 744 

Qualifications for individuals serving as TRICARE regional directors (sec. 717) ............................................................................. 744 

Subtitle C—Mental Health-Related Provisions ...................................... 744 

Program for mental health awareness for dependents and pilot 

project on Post-Traumatic Stress Disorder (sec. 721) .................. 744 

Pilot projects on early diagnosis and treatment of Post-Traumatic 

Stress Disorder and other mental health conditions (sec. 722) .. 745 

Department of Defense task force on mental health (sec. 723) ...... 745 

Subtitle D—Studies and Reports ............................................................. 745 

Study relating to predeployment and postdeployment medical 

exams of certain members of the armed forces (sec. 731) ........... 745 


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TITLE VII—HEALTH CARE PROVISIONS—Continued 

Legislative Provisions Adopted—Continued 

Subtitle D—Studies and Reports—Continued 

Requirements for physical examinations and medical and dental 

readiness for members of the Selected Reserve not on active 

duty (sec. 732) ................................................................................. 746 

Report on delivery of health care benefits through military 

health care system (sec. 733) ......................................................... 746 

Comptroller General studies and report on differential payments 

to children’s hospitals for health care for children dependents 

and maximum allowable charge for obstetrical care services 

under TRICARE (sec. 734) ............................................................. 746 

Report on the Department of Defense AHLTA global electronic 

health record system (sec. 735) ..................................................... 747 

Comptroller General study and report on vaccine healthcare centers (sec. 736) .................................................................................. 747 

Report on adverse health events associated with use of antimalarial drugs (sec. 737) ................................................................ 747 

Report on Reserve Dental Insurance program (sec. 738) ................ 748 

Demonstration project study on Medicare Advantage regional 

preferred provider organization option for TRICARE-medicare 

dual-eligible beneficiaries (sec. 739) .............................................. 748 

Pilot projects on pediatric early literacy among children of members of the armed forces (sec. 740) ................................................ 748 

Subtitle E—Other Matters ....................................................................... 748 

Authority to relocate patient safety center; renaming MedTeams 

program (sec. 741) .......................................................................... 748 

Modification of health care quality information and technology 

enhancement reporting requirement (sec. 742) ............................ 749 

Correction to eligibility of certain reserve officers for military 

health care pending active duty following commissioning (sec. 

743) .................................................................................................. 749 

Prohibition on conversions of military medical and dental positions to civilian medical positions until submission of certification (sec. 744) .............................................................................. 749 

Clarification of inclusion of dental care in medical readiness 

tracking and health surveillance program (sec. 745) .................. 750 

Cooperative outreach to members and former members of the 

naval service exposed to environmental factors related to sarcoidosis (sec. 746) ............................................................................ 750 

Repeal of requirement for Comptroller General reviews of certain 

Department of Defense—Department of Veterans Affairs 

projects on sharing of health care resources (sec. 747) ............... 750 

Pandemic avian flu preparedness (sec. 748) .................................... 750 

Follow up assistance for members of the armed forces after 

preseparation physical examinations (sec. 749) ........................... 751 

Policy on role of military medical and behavioral science personnel in interrogation of detainees (sec. 750) ............................. 751 

Legislative Provisions Not Adopted ................................................................ 752 

Comptroller General report on expanded partnership between 

the Department of Defense and the Department of Veterans 

Affairs on the provision on health care services .......................... 752 

Early identification and treatment of mental health and substance abuse disorders ................................................................... 752 

Limitation on deductible and copayment requirements for nursing home residents under the pharmacy benefits program ........ 752 

Mental health screening of members of the armed forces for 

Post-Traumatic Stress Disorder and other mental health conditions ................................................................................................. 752 

Services of mental health counselors ............................................... 753 

Study and report on civilian and military partnership project ...... 754 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED

MATTERS ................................................................................................................ 754 

Legislative Provisions Adopted ........................................................................ 754 

Subtitle A—Provisions Relating to Major Defense Acquisition Programs ...................................................................................................... 754 


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TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED

MATTERS—Continued 

Legislative Provisions Adopted—Continued 

Subtitle A—Provisions Relating to Major Defense Acquisition Programs—Continued 

Requirement for certification before major defense acquisition 

program may proceed to Milestone B (sec. 801) .......................... 754 

Requirements applicable to major defense acquisition programs 

exceeding baseline costs (sec. 802) ................................................ 754 

Requirements for determination by Secretary of Defense and 

notification to Congress before procurement of major weapon 

systems as commercial items (sec. 803) ........................................ 755 

Reports on significant increases in program acquisition unit costs 

or procurement units costs of major defense acquisition programs (sec. 804) .............................................................................. 755 

Report on use of lead system integrators in the acquisition of 

major systems (sec. 805) ................................................................ 756 

Congressional notification of cancellation of major automated information systems (sec. 806) .......................................................... 756 

Subtitle B—Acquisition Policy and Management ................................... 756 

Internal controls for procurements on behalf of the Department 

of Defense (sec. 811) ....................................................................... 756 

Management structure for the procurement of contract services 

(sec. 812) .......................................................................................... 756 

Report on service surcharges for purchases made for military 

departments through other Department of Defense agencies 

(sec. 813) .......................................................................................... 757 

Review of defense acquisition structures and capabilities (sec. 

814) .................................................................................................. 757 

Modification of requirements applicable to contracts authorized 

by law for certain military materiel (sec. 815) ............................. 757 

Guidance on use of tiered evaluations of offers for contracts 

and task orders under contracts (sec. 816) ................................... 758 

Joint policy on contingency contracting (sec. 817) ........................... 758 

Acquisition strategy for commercial satellite communication services (sec. 818) .................................................................................. 758 

Authorization of evaluation factor for defense contractors employing or subcontracting with members of the selected reserve 

of the reserve components of the armed forces (sec. 819) ........... 758 

Subtitle C—Amendments to General Contracting Authorities, Procedures, and Limitations .......................................................................... 759 

Participation by Department of Defense in acquisition workforce 

training fund (sec. 821) .................................................................. 759 

Increase in cost accounting standard threshold (sec. 822) ............. 759 

Modification of authority to carry out certain prototype projects 

(sec. 823) .......................................................................................... 759 

Increased limit applicable to assistance provided under certain 

Procurement Technical Assistance Programs (sec. 824) ............. 759 

Subtitle D—United States Defense Industrial Base Provisions ............ 760 

Clarification of exception from Buy American requirements for 

procurement of perishable food for establishments outside the 

United States (sec. 831) ................................................................. 760 

Training for defense acquisition workforce on the requirements 

of the Berry Amendment (sec. 832) ............................................... 760 

Amendments to domestic source requirements relating to clothing materials and components covered (sec. 833) ........................ 760 

Subtitle E—Other Matters ....................................................................... 760 

Review and report on Department of Defense efforts to identify 

contract fraud, waste, and abuse (sec. 841) .................................. 760 

Extension of contract goal for small disadvantaged businesses 

and certain institutions of higher education (sec. 842) ............... 761 

Extension of deadline for report of advisory panel on laws and 

regulations on acquisition practices (sec. 843) ............................. 761 

Exclusion of certain security expenses from consideration for purpose of small business size standards (sec. 844) .......................... 761 

Disaster relief for small business concerns damaged by drought 

(sec. 845) .......................................................................................... 761 


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TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED

MATTERS—Continued 

Legislative Provisions Adopted—Continued 

Subtitle E—Other Matters—Continued 

Extension of limited acquisition authority for the Commander 

of the United States Joint Forces Command (sec. 846) ............... 761 

Civilian Board of Contract Appeals (sec. 847) ................................. 762 

Statement of policy and report relating to contracting with employers of persons with disabilities (sec. 848) .............................. 762 

Study on Department of Defense contracting with small business 

concerns owned and controlled by service-disabled veterans 

(sec. 849) .......................................................................................... 762 

Legislative Provisions Not Adopted ................................................................ 763 

Applicability of statutory executive compensation cap made prospective ............................................................................................ 763 

Buy America requirement for procurements of goods containing 

components ...................................................................................... 763 

Clarification of rapid acquisition authority to respond to combat 

emergencies ..................................................................................... 763 

Conditional waiver of domestic source or content requirements 

for certain countries with reciprocal procurement agreements 

with the United States ................................................................... 763 

Consistency with United States obligations under trade agreements ............................................................................................... 764 

Contracting incentive for small power plants on former military 

bases ................................................................................................ 764 

Contractors on the battlefield ........................................................... 764 

Domestic source restriction for lithium ion cells and batteries ...... 765 

Ensuring transparency in federal contracting ................................. 765 

Fair access to multiple-award contracts ........................................... 765 

Increased flexibility for designation of critical acquisition positions in defense acquisition workforce .......................................... 765 

Limitation and reinvestment authority relating to reduction of 

the defense acquisition and support workforce ............................ 766 

Modification and extension of pilot program on share-in-savings 

contracts .......................................................................................... 766 

Pilot program to expand public-private partnerships for research 

and development ............................................................................. 766 

Prohibition on defense contractors requiring licenses or fees for 

use of military likenesses and designations ................................. 766 

Prohibition on procurement from beneficiaries of foreign subsidies ................................................................................................ 766 

Radio Frequency Identifier Technology ............................................ 767 

Rapid acquisition authority to respond to defense intelligence 

community emergencies ................................................................. 767 

Reports on certain defense contracts in Iraq and Afghanistan ...... 767 

Requirement for contracting operations to be included in interagency planning related to stabilization and reconstruction ...... 768 

Requirements for defense contractors relating to certain former 

Department of Defense officials .................................................... 768 

Review of certain contractor ethics matters .................................... 768 

Sense of Senate on applicability of competition exceptions to 

eligibility of National Guard for financial assistance for performance of additional duties ........................................................ 768 

Small business contracting in overseas procurements .................... 769 

Technical amendments relating to defense acquisition workforce 

improvements .................................................................................. 769 

Temporary Inapplicability of the Berry Amendment to Procurements of Speciality Metals that are used to produce Force 

Protection Equipment .................................................................... 769 

Termination of program ..................................................................... 769 

Use of commercially available online services for federal procurement of commercial items .............................................................. 769 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT ........... 770 

Items of Special Interest .................................................................................. 770 

The current state of military space .................................................. 770 

Legislative Provisions Adopted ........................................................................ 771 


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TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT—Continued 

Legislative Provisions Adopted—Continued 

Subtitle A—General Department of Defense Management Matters .... 771 

Parity in pay levels among Under Secretary Positions (sec. 901) .. 771 

Expansion of eligibility for leadership of Department of Defense 

Test Resource Management Center (sec. 902) ............................. 771 

Standardization of authority for acceptance of gifts and donations 

for Department of Defense regional centers for security studies 

(sec. 903) .......................................................................................... 771 

Directors of Small Business Programs in Department of Defense 

and military departments (sec. 904) ............................................. 772 

Plan to defend the homeland against cruise missiles and other 

low-altitude aircraft (sec. 905) ....................................................... 772 

Provision of audiovisual support services by White House Communications Agency on nonreimbursable basis (sec. 906) .......... 772 

Report on establishment of a Deputy Secretary of Defense for 

Management (sec. 907) ................................................................... 772 

Responsibility of the Joint Chiefs of Staff as military advisers 

to the Homeland Security Council (sec. 908) ............................... 773 

Improvement in health care services for residents of Armed 

Forces Retirement Home (sec. 909) ............................................... 773 

Subtitle B—Space Activities ..................................................................... 773 

Space Situational Awareness Strategy and space control mission 

review (sec. 911) ............................................................................. 773 

Military satellite communications (sec. 912) ................................... 773 

Operationally responsive space (sec. 913) ........................................ 774 

Report on use of Space Radar for topographical mapping for 

scientific and civil purposes (sec. 914) .......................................... 774 

Sense of Congress regarding national security aspect of United 

States preeminence in human spaceflight (sec. 915) ................... 774 

Subtitle C—Chemical Demilitarization Program ................................... 774 

Clarification of cooperative agreement authority under chemical 

demilitarization program (sec. 921) .............................................. 774 

Chemical demilitarization facilities (sec. 922) ................................. 774 

Subtitle D—Intelligence-Related Matters ............................................... 775 

Department of Defense strategy for open source intelligence (sec. 

931) .................................................................................................. 775 

Comprehensive inventory of Department of Defense intelligence 

and intelligence-related programs and projects (sec. 932) .......... 775 

Operational files of the Defense Intelligence Agency (sec. 933) ..... 776 

Legislative Provisions Not Adopted ................................................................ 776 

Advisory committee on Department of Defense requirements for 

space control ................................................................................... 776 

American Forces Network ................................................................. 776 

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 ................................................ 776 

Redesignation of the Department of the Navy as the Department 

of the Navy and Marine Corps ...................................................... 777 

Transfer to Secretary of the Army of responsibility for Assembled 

Chemical Weapons Alternatives program .................................... 777 

United States Military Cancer Institute .......................................... 777 

TITLE X—GENERAL PROVISIONS .............................................................................. 778 

Legislative Provisions Adopted ........................................................................ 778 

Subtitle A—Financial Matters ................................................................. 778 

Transfer authority (sec. 1001) ........................................................... 778 

Authorization of emergency supplemental appropriations for fiscal years 2005 and 2006 (sec. 1002) .............................................. 778 

Increase in fiscal year 2005 general transfer authority (sec. 

1003) ................................................................................................ 778 

Reports on feasibility and desirability of capital budgeting for 

major defense acquisition programs (sec. 1004) ........................... 778 

United States contribution to NATO common-funded budgets in 

fiscal year 2006 (sec. 1005) ............................................................ 779 

Subtitle B—Naval Vessels and Shipyards .............................................. 779 

Conveyance, Navy drydock, Seattle, Washington (sec. 1011) ......... 779 


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TITLE X—GENERAL PROVISIONS—Continued 

Legislative Provisions Adopted—Continued 

Subtitle B—Naval Vessels and Shipyards—Continued 

Conveyance, Navy drydock, Jacksonville, Florida (sec. 1012) ........ 779 

Conveyance, Navy drydock, Port Arthur, Texas (sec. 1013) ........... 780 

Transfer of battleships USS Wisconsin and USS Iowa (sec. 1014) 780 

Transfer of ex-USS Forrest Sherman (sec. 1015) ............................ 781 

Report on leasing of vessels to meet national defense sealift 

requirements (sec. 1016) ................................................................ 781 

Establishment of the USS Oklahoma memorial and other memorials at Pearl Harbor (sec. 1017) ................................................... 781 

Authority to use National Defense Sealift Fund to purchase certain maritime prepositioning ships currently under charter to 

the Navy (sec. 1018) ....................................................................... 782 

Subtitle C—Counter-Drug Activities ....................................................... 782 

Resumption of reporting requirement regarding Department of 

Defense expenditures to support foreign counterdrug activities 

(sec. 1021) ........................................................................................ 782 

Clarification of authority for joint task forces to support law 

enforcement agencies conducting counterterrorism activities 

(sec. 1022) ........................................................................................ 783 

Sense of Congress regarding drug trafficking deterrence (sec. 

1023) ................................................................................................ 783 

Subtitle D—Matters Related to Homeland Security .............................. 783 

Responsibilities of Assistant Secretary of Defense for Homeland 

Defense relating to nuclear, chemical, and biological emergency 

response (sec. 1031) ........................................................................ 783 

Testing of preparedness for emergencies involving nuclear, radiological, chemical, biological, and high-yield explosives weapons 

(sec. 1032) ........................................................................................ 784 

Department of Defense chemical, biological, radiological, nuclear, 

and high-yield explosives response teams (sec. 1033) ................. 784 

Repeal of Department of Defense emergency response assistance 

program (sec. 1034) ........................................................................ 784 

Report on use of Department of Defense aerial reconnaissance 

assets to support Homeland Security border security missions 

(sec. 1035) ........................................................................................ 784 

Subtitle E—Reports and Studies ............................................................. 785 

Review of Defense Base Act insurance (sec. 1041) .......................... 785 

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

Performance Microchip Supply (sec. 1042) ................................... 785 

Subtitle F—Other Matters ....................................................................... 785 

Commission on the Implementation of the New Strategic Posture 

of the United States (sec. 1051) ..................................................... 785 

Reestablishment of EMP Commission (sec. 1052) ........................... 786 

Modernization of authority relating to security of defense property and facilities (sec. 1053) ......................................................... 786 

Revision of Department of Defense counterintelligence polygraph 

program (sec. 1054) ........................................................................ 787 

Preservation of records pertaining to radioactive fallout from 

nuclear weapons testing (sec. 1055) .............................................. 787 

Technical and clerical amendments (sec. 1056) ............................... 787 

Deletion of obsolete definitions in titles 10 and 32, United States 

Code (sec. 1057) .............................................................................. 787 

Support for youth organizations (sec. 1058) .................................... 788 

Special immigrant status for persons serving as translators with 

United States armed forces (sec. 1059) ......................................... 788 

Expansion of emergency services under reciprocal agreements 

(sec. 1060) ........................................................................................ 788 

Renewal of moratorium on return of veterans memorial objects 

to foreign nations without specific authorization in law (sec. 

1061) ................................................................................................ 788 

Sense of Congress on national security interest of maintaining 

aeronautics research and development (sec. 1062) ...................... 789 

Airport certification (sec. 1063) ......................................................... 789 

Subtitle G—Military Mail Matters .......................................................... 789 


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TITLE X—GENERAL PROVISIONS—Continued 

Legislative Provisions Adopted—Continued 

Subtitle G—Military Mail Matters—Continued 

Safe delivery of mail in military mail system (sec. 1071) ............... 789 

Legislative Provisions Not Adopted ................................................................ 789 

Assignment of members of the armed forces to assist Bureau 

of Border Security and Bureau of Citizenship and Immigration 

Services of the Department of Homeland Security ...................... 789 

Coal-to-liquid fuel development plan ................................................ 790 

Delivery of mail addressed to any service member ......................... 790 

Establishment of National Foreign Language Coordination Council ..................................................................................................... 791 

Extension of Department of Defense authority to support 

counterdrug activities ..................................................................... 791 

Grant of federal charter to Korean War Veterans Association, 

Incorporated .................................................................................... 791 

Incorporation of classified annex ...................................................... 791 

Policy of the United States on the Intercontinental Ballistic Missile force .......................................................................................... 792 

Reduction in overall authorization due to inflation savings ........... 792 

Repeal of requirement for report to Congress regarding global 

strike capability .............................................................................. 792 

Report on alleged clandestine detention facilities for individuals 

captured in the global war on terrorism ....................................... 793 

Retention on reimbursement for provision of reciprocal fire protection services ................................................................................ 793 

Sense of the Senate on Common Remotely Operated Weapons 

Station platform .............................................................................. 793 

Support for counterdrug activities through bases of operation 

and training facilities in Afghanistan ........................................... 794 

Technical amendments relating to certain provisions of environmental defense laws ....................................................................... 794 

TITLE XI—CIVILIAN PERSONNEL MATTERS ............................................................. 795 

Legislative Provisions Adopted ........................................................................ 795 

Subtitle A—Extensions of Authorities ..................................................... 795 

Extension of eligibility to continue Federal employee health benefits (sec. 1101) ................................................................................. 795 

Extension of Department of Defense voluntary reduction in force 

authority (sec. 1102) ....................................................................... 795 

Extension of authority to make lump sum severance payments 

(sec. 1103) ........................................................................................ 795 

Permanent extension of Science, Mathematics, and Research for 

Transformation (SMART) defense education program (sec. 

1104) ................................................................................................ 795 

Authority to waive annual limitation on total compensation paid 

to Federal civilian employees (sec. 1105) ...................................... 796 

Subtitle B—Veterans Preference Matters ............................................... 796 

Veterans’ preference status for certain veterans who served on 

active duty during the period beginning on September 11, 

2001, and ending as of the close of Operation Iraqi Freedom 

(sec. 1111) ........................................................................................ 796 

Veterans’ preference eligibility for military reservists (sec. 1112) . 796 

Subtitle C—Other Matters ....................................................................... 796 

Transportation of family members in connection with the repatriation of Federal employees held captive (sec. 1121) .................... 796 

Strategic human capital plan for civilian employees of the Department of Defense (sec. 1122) .................................................... 797 

Independent study on features of successful personnel management systems of highly technical and scientific workforces (sec. 

1123) ................................................................................................ 797 

Support by Department of Defense of pilot project for Civilian 

Linguist Reserve Corps (sec. 1124) ............................................... 797 

Increase in authorized number of positions in Defense Intelligence Senior Executive Service (sec. 1125) ................................ 798 

Legislative Provisions Not Adopted ................................................................ 798 


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TITLE XI—CIVILIAN PERSONNEL MATTERS—Continued 

Legislative Provisions Not Adopted—Continued 

Authority for heads of agencies to allow shorter length of required service by federal employees after completion of training .................................................................................................... 798 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS ......................................... 798 

Legislative Provisions Adopted ........................................................................ 798 

Subtitle A—Assistance and Training ...................................................... 798 

Extension of humanitarian and civic assistance provided to host 

nations in conjunction with military operations (sec. 1201) ....... 798 

Commanders’ Emergency Response Program (sec. 1202) ............... 798 

Modification of geographic restriction under bilateral and regional cooperation programs for payment of certain expenses 

of defense personnel of developing countries (sec. 1203) ............. 799 

Authority for Department of Defense to enter into acquisition 

and cross-servicing agreements with regional organizations of 

which the United States is not a member (sec. 1204) ................. 800 

Two-year extension of authority for payment of certain administrative services and support for coalition liaison officers (sec. 

1205) ................................................................................................ 800 

Authority to build the capacity of foreign military forces (sec. 

1206) ................................................................................................ 800 

Security and stabilization assistance (sec. 1207) ............................. 801 

Reimbursement of certain coalition nations for support provided 

to United States military operations (sec. 1208) .......................... 802 

Authority to transfer defense articles and provide defense services to the military and security forces of Iraq and Afghanistan 

(sec. 1209) ........................................................................................ 802 

Subtitle B—Nonproliferation Matters and Countries of Concern ......... 803 

Prohibition on procurements from Communist Chinese military 

companies (sec. 1211) ..................................................................... 803 

Report on nonstrategic nuclear weapons (sec. 1212) ....................... 803 

Subtitle C—Reports and Sense of Congress Provisions ......................... 804 

War-related reporting requirements (sec. 1221) .............................. 804 

Quarterly reports on war strategy in Iraq (sec. 1222) .................... 804 

Report on records of civilian casualties in Afghanistan and Iraq 

(sec. 1223) ........................................................................................ 804 

Annual report on Department of Defense costs to carry out 

United Nations resolutions (sec. 1224) ......................................... 805 

Report on claims related to the bombing of the LaBelle Discotheque (sec. 1225) ........................................................................ 805 

Sense of Congress concerning cooperation with Russia on issues 

pertaining to missile defense (sec. 1226) ...................................... 805 

United States policy on Iraq (sec. 1227) ........................................... 805 

Subtitle D—Other Matters ....................................................................... 806 

Purchase of weapons overseas for force protection purposes in 

countries in which combat operations are ongoing (sec. 1231) ... 806 

Riot control agents (sec. 1232) .......................................................... 806 

Requirement for establishment of certain criteria applicable to 

Global Posture Review (sec. 1233) ................................................ 807 

The United States-China Economic Security Review Commission 

(sec. 1234) ........................................................................................ 807 

Legislative Provisions Not Adopted ................................................................ 808 

Military educational exchanges between senior officers and officials of the United States and Taiwan ......................................... 808 

Procurement sanctions against foreign persons that transfer certain defense articles and services to the People’s Republic of 

China ............................................................................................... 808 

Prohibition on engaging in certain transactions ............................. 808 

Report on acquisition by Iran of nuclear weapons .......................... 808 

Sense of Congress on support for Nuclear Non-Proliferation Treaty ...................................................................................................... 808 

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER

SOVIET UNION ....................................................................................................... 809 

Legislative Provisions Adopted ........................................................................ 809 

Specification of Cooperative Threat Reduction programs and 

funds (sec. 1301) ............................................................................. 809 


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TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER

SOVIET UNION—Continued 

Legislative Provisions Adopted—Continued 

Funding allocations (sec. 1302) ......................................................... 810 

Permanent waiver of restrictions on use of funds for threat reduction in states of the former Soviet Union (sec. 1303) ............ 810 

Report on elimination of impediments to threat-reduction and 

nonproliferation programs in the former Soviet Union (sec. 

1304) ................................................................................................ 810 

Repeal of requirement for annual Comptroller General assessment of annual Department of Defense report on activities 

and assistance under Cooperative Threat Reduction programs 

(sec. 1305) ........................................................................................ 811 

Legislative Provisions Not Adopted ................................................................ 811 

Authority to obligate weapons of mass destruction proliferation 

prevention funds for nuclear weapons storage security .............. 811 

Modification of authority to use Cooperative Threat Reduction 

funds outside the former Soviet Union ......................................... 811 

Removal of certain restrictions on provision of cooperative threat 

reduction assistance ....................................................................... 812 

TITLE XIV—MATTERS RELATING TO DETAINEES .................................................... 812 

Legislative Provision Adopted ......................................................................... 812 

Matters relating to detainees (secs. 1401–1406) ............................. 812 

TITLE XV—AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI

FREEDOM AND OPERATION ENDURING FREEDOM ................................................ 814 

Overview ............................................................................................. 814 

Summary table of authorization ....................................................... 815 

Items of Special Interest .................................................................................. 826 

Advanced First Responder Network ................................................. 826 

Legislative Provisions Adopted ........................................................................ 826 

Purpose (sec. 1501) ............................................................................. 826 

Army Procurement (sec. 1502) .......................................................... 826 

Navy and Marine Corps Procurement (sec. 1503) ........................... 827 

Air Force Procurement (sec. 1504) .................................................... 827 

Defense-wide activities procurement (sec. 1505) ............................. 827 

Research, Development, Test, and Evaluation (sec. 1506) ............. 827 

Operation and Maintenance (sec. 1507) ........................................... 828 

Defense Working Capital Funds (sec. 1508) .................................... 828 

Defense Health Program (sec. 1509) ................................................ 828 

Military Personnel (sec. 1510) ........................................................... 828 

Iraq Freedom Fund (sec. 1511) ......................................................... 828 

Treatment as additional authorizations (sec. 1512) ........................ 829 

Transfer authority (sec. 1513) ........................................................... 829 

Availability of funds (sec. 1514) ........................................................ 829 

Legislative Provisions Not Adopted ................................................................ 829 

Designation of emergency authorization .......................................... 829 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS ................... 830 

Explanation of funding tables ........................................................... 830 

Items of Special Interest .................................................................................. 830 

Unspecified minor construction accounts ......................................... 830 

Legislative Provisions Adopted ........................................................................ 851 

Short title (sec. 2001) ......................................................................... 851 

TITLE XXI—ARMY .................................................................................................... 851 

Overview ............................................................................................. 851 

Items of Special Interest .................................................................................. 851 

Army use of alternate authorities to acquire unaccompanied 

housing ............................................................................................ 851 

Legislative Provisions Adopted ........................................................................ 852 

Authorized Army construction and land acquisition projects (sec. 

2101) ................................................................................................ 852 

Family housing (sec. 2102) ................................................................ 852 

Improvements to military family housing units (sec. 2103) ........... 852 

Authorization of appropriations, Army (sec. 2104) .......................... 852 

Modification of authority to carry out certain fiscal year 2004 

project (sec. 2105) ........................................................................... 852 

Legislative Provisions Not Adopted ................................................................ 853 

Construction of battalion dining facilities, Fort Knox, Kentucky .. 853 


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XXIII 

TITLE XXII—NAVY ................................................................................................... 853 

Overview ............................................................................................. 853 

Legislative Provisions Adopted ........................................................................ 853 

Authorized Navy construction and land acquisition projects (sec. 

2201) ................................................................................................ 853 

Family housing (sec. 2202) ................................................................ 854 

Improvements to military family housing units (sec. 2203) ........... 854 

Authorization of appropriations, Navy (sec. 2204) .......................... 854 

Modification of authority to carry out certain fiscal year 2004 

project (sec. 2205) ........................................................................... 854 

Modifications of authority to carry out certain fiscal year 2005 

projects (sec. 2206) .......................................................................... 855 

TITLE XXIII—AIR FORCE ......................................................................................... 855 

Overview ............................................................................................. 855 

Legislative Provisions Adopted ........................................................................ 855 

Authorized Air Force construction and land acquisition projects 

(sec. 2301) ........................................................................................ 855 

Family housing (sec. 2302) ................................................................ 855 

Improvements to military family housing units (sec. 2303) ........... 856 

Authorization of appropriations, Air Force (sec. 2304) ................... 856 

TITLE XXIV—DEFENSE AGENCIES .......................................................................... 856 

Overview ............................................................................................. 856 

Legislative Provisions Adopted ........................................................................ 857 

Authorized Defense Agencies construction and land acquisition 

projects (sec. 2401) .......................................................................... 857 

Energy conservation projects (sec. 2402) .......................................... 857 

Authorization of appropriations, Defense Agencies (sec. 2403) ...... 857 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT

PROGRAM ............................................................................................................... 858 

Overview ............................................................................................. 858 

Legislative Provisions Adopted ........................................................................ 858 

Authorized NATO construction and land acquisition projects (sec. 

2501) ................................................................................................ 858 

Authorization of appropriations, NATO (sec. 2502) ........................ 858 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES ....................................... 858 

Overview ............................................................................................. 858 

Legislative Provisions Adopted ........................................................................ 859 

Authorized Guard and Reserve construction and land acquisition 

projects (sec. 2601) .......................................................................... 859 

Legislative Provisions Not Adopted ................................................................ 859 

Construction of facilities, New Castle County Airport Air Guard 

Base, Delaware ............................................................................... 859 

Construction of maintenance hangar, New Castle County Airport 

Air Guard Base, Delaware ............................................................. 859 

National Guard construction projects ............................................... 860 

Specific authorized Army National Guard construction projects ... 860 

TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS ........................ 860 

Legislative Provisions Adopted ........................................................................ 860 

Expiration of authorizations and amounts required to be specified by law (sec. 2701) .................................................................... 860 

Extension of authorizations of certain fiscal year 2003 projects 

(sec. 2702) ........................................................................................ 861 

Extension of authorizations of certain fiscal year 2002 projects 

(sec. 2703) ........................................................................................ 861 

Legislative Provisions Not Adopted ................................................................ 861 

Effective date ...................................................................................... 861 

TITLE XXVIII—GENERAL PROVISIONS .................................................................... 861 

Items of Special Interest .................................................................................. 861 

Joint urban operations training facilities ........................................ 861 

Legislative Provisions Adopted ........................................................................ 862 

Subtitle A—Military Construction Program and Military Family 

Housing Changes ................................................................................... 862 

Modification of congressional notification requirements for certain military construction activities (sec. 2801) ........................... 862 

Increase in number of family housing units in Korea authorized 

for lease by the Army at maximum amount (sec. 2802) .............. 862 


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TITLE XXVIII—GENERAL PROVISIONS—Continued 

Legislative Provisions Adopted—Continued 

Subtitle A—Military Construction Program and Military Family 

Housing Changes—Continued 

Improvement in availability and timeliness of Department of 

Defense information regarding military construction and family housing accounts and activities (sec. 2803) ............................. 863 

Modification of cost variation authority (sec. 2804) ........................ 863 

Inapplicability to child development centers of restriction on authority to acquire or construct ancillary supporting facilities 

(sec. 2805) ........................................................................................ 863 

Department of Defense housing funds (sec. 2806) .......................... 864 

Use of design-build selection procedures to accelerate design effort in connection with military construction projects (sec. 

2807) ................................................................................................ 864 

Acquisition of associated utilities, equipment, and furnishings 

in reserve component facility exchange (sec. 2808) ..................... 864 

One-year extension of temporary, limited authority to use operation and maintenance funds for construction projects outside 

the United States (sec. 2809) ......................................................... 864 

Temporary program to use minor military construction authority 

for construction of child development centers (sec. 2810) ........... 864 

General and flag officers quarters in the National Capital Region 

(sec. 2811) ........................................................................................ 865 

Subtitle B—Real Property and Facilities Administration ..................... 865 

Consolidation of Department of Defense land acquisition authorities and limitations on use of such authorities (sec. 2821) ......... 865 

Modification of authorities on agreements to limit encroachments 

and other constraints on military training, testing, and operations (sec. 2822) ............................................................................ 865 

Modification of utility system conveyance authority and related 

reporting requirements (sec. 2823) ............................................... 866 

Report on application of force protection and anti-terrorism 

standards to leased facilities (sec. 2824) ...................................... 867 

Report on use of ground source heat pumps at Department of 

Defense facilities (sec. 2825) .......................................................... 867 

Subtitle C—Base Closure and Realignment ........................................... 867 

Additional reporting requirements regarding base closure process 

and use of Department of Defense base closure accounts (sec. 

2831) ................................................................................................ 867 

Expanded availability of adjustment and diversification assistance for communities adversely affected by mission realignments in base closure process (sec. 2832) ..................................... 868 

Treatment of Indian Tribal Governments as public entities for 

purposes of disposal of real property recommended for closure 

in July 1993 BRAC Commission Report (sec. 2833) .................... 868 

Termination of project authorizations for military installations 

approved for closure in 2005 round of base realignments and 

closures (sec. 2834) ......................................................................... 868 

Required consultation with State and local entities on issues 

related to increase in number of military personnel at military 

installations (sec. 2835) .................................................................. 868 

Sense of Congress regarding infrastructure and installation requirements for transfer of units and personnel from closed 

and realigned military installations to receiving locations (sec. 

2836) ................................................................................................ 869 

Defense access road program and military installations affected 

by defense base closure process or Integrated Global Presence 

and Basing Strategy (sec. 2837) .................................................... 869 

Sense of Congress on reversionary interests involving real property at Navy homeports (sec. 2838) .............................................. 869 

Subtitle D—Land Conveyances ................................................................ 869 

Part I—Army Conveyances ............................................................... 869 

Land conveyance, Camp Navajo, Arizona (sec. 2841) .................. 869 

Land conveyance, Iowa Army Ammunition Plant, Middletown, 

Iowa (sec. 2842) ........................................................................... 870 

Land conveyance, Helena, Montana (sec. 2843) ........................... 870 


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TITLE XXVIII—GENERAL PROVISIONS—Continued 

Legislative Provisions Adopted—Continued 

Subtitle D—Land Conveyances—Continued 

Lease authority, Army Heritage and Education Center, Carlisle, Pennsylvania (sec. 2844) ................................................... 870 

Land exchange, Fort Hood, Texas (sec. 2845) .............................. 870 

Modification of land conveyance, Engineer Proving Ground, 

Fort Belvoir, Virginia (sec. 2846) ............................................... 870 

Land conveyance, Fort Belvoir, Virginia (sec. 2847) ................... 871 

Land conveyance, Army Reserve Center, Bothell, Washington 

(sec. 2848) .................................................................................... 871 

Part II—Navy Conveyances .............................................................. 871 

Land conveyance, Marine Corps Air Station, Miramar, San 

Diego, California (sec. 2851) ...................................................... 871 

Lease or license of United States Navy Museum facilities at 

Washington Navy Yard, District of Columbia (sec. 2852) ....... 871 

Part III—Air Force Conveyances ...................................................... 872 

Purchase of build-to-lease family housing, Eielson Air Force 

Base, Alaska (sec. 2861) ............................................................. 871 

Land conveyance, Air Force property, Jacksonville, Arkansas 

(sec. 2862) .................................................................................... 872 

Land conveyance, Air Force property, La Junta, Colorado (sec. 

2863) ............................................................................................. 872 

Lease, National Imagery and Mapping Agency site, St. Louis, 

Missouri (sec. 2864) .................................................................... 872 

Subtitle E—Other Matters ....................................................................... 873 

Clarification of moratorium on certain improvements at Fort Buchanan, Puerto Rico (sec. 2871) ..................................................... 873 

Transfer of excess Department of Defense property on Santa 

Rosa and Okaloosa Island, Florida, to Gulf Islands National 

Seashore (sec. 2872) ....................................................................... 873 

Authorized military uses of Papago Park Military Reservation, 

Phoenix, Arizona (sec. 2873) .......................................................... 873 

Assessment of water needs for Presidio of Monterey and Ord 

military community (sec. 2874) ..................................................... 873 

Redesignation of McEntire Air National Guard Station, South 

Carolina, as McEntire Joint National Guard Base (sec. 2875) ... 874 

Sense of Congress regarding community impact assistance related to construction of Navy landing field, North Carolina 

(sec. 2876) ........................................................................................ 874 

Sense of Congress on establishment of Bakers Creek Memorial 

(sec. 2877) ........................................................................................ 874 

Legislative Provisions Not Adopted ................................................................ 874 

Authority to lease non-excess property of Department of Defense 

field activities .................................................................................. 874 

Designation of William B. Bryant Annex ......................................... 874 

Expanded authority to enter into lease-purchase agreements ....... 875 

Expansion of authority to convey property at military installations to support military construction .......................................... 875 

Identification of environmental conditions at military installations closed or realigned under 2005 round of defense base 

closure and realignment ................................................................. 875 

Increase in thresholds for unspecified minor military construction projects ..................................................................................... 876 

One-year extension of Department of Defense laboratory revitalization program ............................................................................... 876 

Sense of Congress regarding consideration of national defense 

industrial base interests during Base Closure and Realignment 

Commission review of Department of Defense base closure and 

realignment recommendations ...................................................... 876 

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS ...................................... 876 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS ............ 876 

Overview ............................................................................................. 876 

Items of Special Interest .................................................................................. 897 

Disposition of weapons-usable plutonium at Savannah River, 

South Carolina ................................................................................ 897 


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TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS—Continued 

Items of Special Interest—Continued 

Nanotechnology Enterprise Development Center ............................ 897 

National laboratory work on force protection technologies ............ 897 

Legislative Provisions Adopted ........................................................................ 898 

Subtitle A—National Security Programs Authorizations ...................... 898 

National Nuclear Security Administration (sec. 3101) ................... 898 

Defense environmental cleanup (sec. 3102) ..................................... 899 

Other defense activities (sec. 3103) .................................................. 899 

Defense nuclear waste disposal (sec. 3104) ...................................... 899 

Subtitle B—Other Matters ....................................................................... 899 

Reliable Replacement Warhead program (sec. 3111) ...................... 899 

Rocky Flats Environmental Technology Site (sec. 3112) ................ 900 

Report on compliance with Design Basis Threat issued by Department of Energy in 2005 (sec. 3113) ........................................ 900 

Reports associated with Waste Treatment and Immobilization 

Plant Project, Hanford Site, Richland, Washington (sec. 3114) . 900 

Report on assistance for a comprehensive inventory of Russian 

nonstrategic nuclear weapons (sec. 3115) ..................................... 901 

Report on international border security programs (sec. 3116) ....... 901 

Savannah River National Laboratory (sec. 3117) ............................ 901 

Legislative Provisions Not Adopted ................................................................ 902 

Prohibition on use of funds for robust nuclear earth penetrator ... 902 

Report on advanced technologies for nuclear power reactors in 

the United States ............................................................................ 902 

Sense of the Senate regarding interim reports on residual beryllium contamination at Department of Energy vendor facilities . 903 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD ............................. 903 

Legislative Provisions Adopted ........................................................................ 903 

Defense Nuclear Facilities Safety Board (sec. 3201) ....................... 903 

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE .................................................... 903 

Legislative Provisions Adopted ........................................................................ 903 

Authorized uses of National Defense Stockpile funds (sec. 3301) .. 903 

Revisions to required receipt objectives for previously authorized 

disposals from National Defense Stockpile (sec. 3302) ................ 904 

Authorization for disposal of tungsten ores and concentrates (sec. 

3303) ................................................................................................ 904 

Disposal of ferromanganese (sec. 3304) ............................................ 904 

TITLE XXXIV—NAVAL PETROLEUM RESERVES ....................................................... 904 

Legislative Provisions Adopted ........................................................................ 904 

Authorization of appropriations (sec. 3401) ..................................... 904 

TITLE XXXV—MARITIME ADMINISTRATION ............................................................ 905 

Legislative Provisions Adopted ........................................................................ 905 

Maritime administration (secs. 3501–3510) ..................................... 905 


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109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–360 

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL 

YEAR 2006 

DECEMBER 18, 2005.—Ordered to be printed 

Mr. HUNTER, from the committee of conference, 

submitted the following 

CONFERENCE REPORT 

[To accompany H.R. 1815] 

The committee of conference on the disagreeing votes of the 

two Houses on the amendment of the Senate to the bill (H.R. 

1815), to authorize appropriations for fiscal year 2006 for military 

activities of the Department of Defense, for military construction, 

and for defense activities of the Department of Energy, to prescribe 

military personnel strengths for such fiscal year, and for other purposes, having met, after full and free conference, have agreed to 

recommend and do recommend to their respective Houses as follows: 

That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as 

follows: 

In lieu of the matter proposed to be inserted by the Senate 

amendment, insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘National Defense Authorization 

Act for Fiscal Year 2006’’. 

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 

(a) DIVISIONS.—This Act is organized into three divisions as follows: 

(1) Division A—Department of Defense Authorizations. 

(2) Division B—Military Construction Authorizations. 

(3) Division C—Department of Energy National Security 

Authorizations and Other Authorizations. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is 

as follows: 

Sec. 1. Short title. 


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Sec. 2. Organization of Act into divisions; table of contents. 

Sec. 3. Congressional defense committees. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Subtitle B—Army Programs 

Sec. 111. Multiyear procurement authority for utility helicopters. 

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

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

helicopters to the AH–64D Block II configuration. 

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

Sec. 115. Report on Army Modular Force Initiative. 

Subtitle C—Navy Programs 

Sec. 121. Virginia-class submarine program. 

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

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

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

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

shipyard. 

Sec. 126. Aircraft carrier force structure. 

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

Sec. 128. CVN-78 aircraft carrier. 

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

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

Subtitle D—Air Force Programs 

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

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

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

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

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

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

Subtitle E—Joint and Multiservice Matters 

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

data link. 

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

Sec. 143. Advanced SEAL Delivery System. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Sec. 202. Amount for defense science and technology. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Annual Comptroller General report on Future Combat Systems program. 

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

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

vehicles under Armored Systems Modernization program. 

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

and demonstration projects for Armored Systems Modernization program. 

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

submarine. 


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

mine countermeasures programs. 

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

program. 

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

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

Sec. 220. Limitation on VXX helicopter program. 

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

Subtitle C—Missile Defense Programs 

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

defense systems. 

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

defense programs. 

Sec. 233. Fielding of ballistic missile defense capabilities. 

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

Subtitle D—High-Performance Defense Manufacturing Technology Research and 

Development 

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

processes and technologies. 

Sec. 242. Transition of transformational manufacturing processes and technologies 

to defense manufacturing base. 

Sec. 243. Manufacturing technology strategies. 

Sec. 244. Report. 

Sec. 245. Definitions. 

Subtitle E—Other Matters 

Sec. 251. Comptroller General report on program element structure for research, development, test, and evaluation projects. 

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

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

and Technology Plan. 

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

Sec. 255. Technology transition. 

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

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

award cash prizes for advanced technology achievements. 

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

Test Facility Base. 

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

evaluation activities. 

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

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

systems. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Sec. 302. Working capital funds. 

Sec. 303. Other Department of Defense programs. 

Subtitle B—Environmental Provisions 

Sec. 311. Elimination and simplification of certain items required in the annual report on environmental quality programs and other environmental activities. 

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

Subtitle C—Workplace and Depot Issues 

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


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

through Navy working capital fund to direct funding. 

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

Sec. 324. Sense of Congress regarding depot maintenance. 

Subtitle D—Extension of Program Authorities 

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

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

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

Subtitle E—Outsourcing 

Sec. 341. Public-private competition. 

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

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

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

Subtitle F—Analysis, Strategies, and Reports 

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

and other materiel. 

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

and facilities recapitalization. 

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

supporting brigades. 

Sec. 354. Report regarding effect on military readiness of undocumented immigrants 

trespassing upon operational ranges. 

Sec. 355. Report regarding management of Army lodging. 

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

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

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

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

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

transition, and reconstruction operations. 

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

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

Subtitle G—Other Matters 

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

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

equipment scheduled for retirement or disposal. 

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

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

Coast Guard. 

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

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

within Department of Defense. 

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

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

Freedom and Operation Iraqi Freedom. 

Subtitle H—Utah Test and Training Range 

Sec. 381. Definitions. 

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

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

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

Sec. 385. Relation to other lands. 


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TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

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

Sec. 403. Additional authority for increases of Army and Marine Corps active duty 

end strengths for fiscal years 2007 through 2009. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for Reserves on active duty in support of the reserves. 

Sec. 413. End strengths for military technicians (dual status). 

Sec. 414. Fiscal year 2006 limitation on number of non-dual status technicians. 

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

operational support. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

Sec. 422. Armed Forces Retirement Home. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy 

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

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

commissioned service required for voluntary retirement as an officer. 

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

strength limitations of officers on leave pending separation or retirement 

or between senior positions. 

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

practice known as frocking. 

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

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

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

serving in intelligence community positions. 

Sec. 508. Grades of the Judge Advocates General. 

Sec. 509. Authority to retain permanent professors at the Naval Academy beyond 30 

years of active commissioned service. 

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

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

duty. 

Subtitle B—Reserve Component Management 

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

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

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

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

performed while in a State duty status immediately after the terrorist 

attacks of September 11, 2001. 

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

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

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

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

Guard and Reserves in the Global War on Terrorism. 

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

Reserves. 

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

and their families. 


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Subtitle C—Education and Training 

PART I—DEPARTMENT OF DEFENSE SCHOOLS GENERALLY

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

Science in Joint Campaign Planning and Strategy. 

Sec. 522. Authority for certain professional military education schools to receive faculty research grants for certain purposes. 

PART II—UNITED STATES NAVAL POSTGRADUATE SCHOOL

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

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

Sec. 525. Increased enrollment for eligible defense industry employees in the defense 

product development program at Naval Postgraduate School. 

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

PART III—RESERVE OFFICERS’ TRAINING CORPS

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

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

Reserve and National Guard program. 

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

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

conditions. 

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

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

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

PART IV—OTHER MATTERS

Sec. 537. Enhancement of educational loan repayment authorities. 

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

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

members of the Selected Reserve and National Guard for payments for 

licensing or certification tests. 

Sec. 540. Modification of educational assistance for Reserves supporting contingency 

and other operations. 

Subtitle D—General Service Requirements 

Sec. 541. Ground combat and other exclusion policies. 

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

Forces. 

Sec. 543. Increase in maximum age for enlistment. 

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

Sec. 545. National Call to Service program. 

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

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

military service obligation. 

Subtitle E—Military Justice and Legal Assistance Matters 

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

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

Military Justice. 

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

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

law. 

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

military legal assistance without regard to licensing requirements. 

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

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

Reserves on inactive-duty training overseas. 

Subtitle F—Matters Relating to Casualties 

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

Paralympic Games. 


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

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

members. 

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

Subtitle G—Assistance to Local Educational Agencies for Defense Dependents 

Education 

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

schools overseas. 

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

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

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

members despite change in status of member. 

Subtitle H—Decorations and Awards 

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

Subtitle I—Consumer Protection Matters 

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

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

on insurance and other financial services. 

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

Forces and their dependents. 

Subtitle J—Reports and Sense of Congress Statements 

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

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

and requirement for report to Congress. 

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

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

Forces serving in Operation Iraqi Freedom and Operation Enduring 

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

Subtitle K—Other Matters 

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

recruitment and retention purposes. 

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

Commission. 

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

Forces. 

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

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

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

Sec. 595. Report on Transition Assistance Programs. 

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

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

the President. 

Sec. 598. Prayer at military service academy activities. 

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

adoption. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

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

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

Academy with over 36 years of service. 


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Sec. 603. Basic pay rates for reserve component members selected to attend military 

service academy preparatory schools. 

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

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

Forces participating in the Thrift Savings Plan. 

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

in the Army. 

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

provided by military treatment facilities. 

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

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

for installations experiencing sudden increase in personnel levels. 

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

Sec. 611. Permanent increase in length of time dependents of certain deceased members may continue to occupy military family housing or receive basic allowance for housing. 

Sec. 612. Overseas cost of living allowance. 

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

Servicemembers’ Group Life Insurance coverage for members serving in 

Operation Enduring Freedom or Operation Iraqi Freedom. 

Sec. 614. Income replacement payments for Reserves experiencing extended and frequent mobilization for active duty service. 

Subtitle B—Bonuses and Special and Incentive Pays 

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

reserve forces. 

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

care professionals. 

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

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

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

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

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

Sec. 628. Flexible payment of assignment incentive pay. 

Sec. 629. Active-duty reenlistment bonus. 

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

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

the Selected Reserve. 

Sec. 632. Expansion and enhancement of special pay for enlisted members of the Selected Reserve assigned to certain high priority units. 

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

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

Reserve. 

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

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

imminent danger pay. 

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

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

nuclear-qualified officers trained while serving as enlisted members. 

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

component members and regular component members. 

Sec. 640. Retention bonus for members qualified in certain critical skills or assigned 

to high priority units. 

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

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

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

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

the Armed Forces. 

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

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

refer other persons for enlistment in the Army. 


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Subtitle C—Travel and Transportation Allowances 

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

duty location may be paid. 

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

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

members held captive. 

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

noncommissioned officers. 

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

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

Subtitle D—Retired Pay and Survivor Benefits 

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

or retainer pay. 

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

capital offense. 

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

pay. 

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

the Armed Forces dying on active duty. 

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

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

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

Plan. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 

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

overseas exchange stores. 

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

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

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

Sec. 675. Rest and recuperation leave programs. 

Subtitle F—Other Matters 

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

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

or mobile unit or other duty. 

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

Armed Forces incurred on active duty. 

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

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

of Staff among senior enlisted members of the Armed Forces. 

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

members as officers. 

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

benefits. 

Sec. 688. Rights of members of the Armed Forces and their dependents under Housing and Urban Development Act of 1968. 

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

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

rights and protections of the Servicemembers Civil Relief Act. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—Improvements to Health Benefits for Reserves 

Sec. 701. Enhancement of TRICARE Reserve Select program. 

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

TRICARE program. 

Subtitle B—TRICARE Program Improvements 

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

Sec. 712. Availability of chiropractic health care services. 

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

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


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Sec. 714. Exceptional eligibility for TRICARE Prime Remote. 

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

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

for a period of more than 30 days. 

Sec. 716. TRICARE Standard in TRICARE Regional Offices. 

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

Subtitle C—Mental Health-Related Provisions 

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

post traumatic stress disorder. 

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

disorder and other mental health conditions. 

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

Subtitle D—Studies and Reports 

Sec. 731. Study relating to predeployment and postdeployment medical exams of certain members of the Armed Forces. 

Sec. 732. Requirements for physical examinations and medical and dental readiness 

for members of the Selected Reserve not on active duty. 

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

system. 

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

allowable charge for obstetrical care services under TRICARE. 

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

record system. 

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

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

drugs. 

Sec. 738. Report on Reserve dental insurance program. 

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

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

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

Armed Forces. 

Subtitle E—Other Matters 

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

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

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

pending active duty following commissioning. 

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

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

health surveillance program. 

Sec. 746. Cooperative outreach to members and former members of the naval service 

exposed to environmental factors related to sarcoidosis. 

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

health care resources. 

Sec. 748. Pandemic avian flu preparedness. 

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

physical examinations. 

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

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS 

Subtitle A—Provisions Relating to Major Defense Acquisition Programs 

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

may proceed to Milestone B. 

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

baseline costs. 

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

Congress before procurement of major weapon systems as commercial 

items. 


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

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

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

systems. 

Subtitle B—Acquisition Policy and Management 

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

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

Sec. 813. Report on service surcharges for purchases made for military departments 

through other Department of Defense agencies. 

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

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

certain military materiel. 

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

Sec. 817. Joint policy on contingency contracting. 

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

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

subcontracting with members of the Selected Reserve of the reserve components of the Armed Forces. 

Subtitle C—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

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

fund. 

Sec. 822. Increase in cost accounting standard threshold. 

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

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

Subtitle D—United States Defense Industrial Base Provisions 

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

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

Berry Amendment. 

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

Subtitle E—Other Matters 

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

fraud, waste, and abuse. 

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

institutions of higher education. 

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

on acquisition practices. 

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

small business size standards. 

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

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

States Joint Forces Command. 

Sec. 847. Civilian Board of Contract Appeals. 

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

persons with disabilities. 

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

owned and controlled by service-disabled veterans. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT 

Subtitle A—General Department of Defense Management Matters 

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

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

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

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


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

Sec. 906. Provision of audiovisual support services by White House Communications 

Agency on nonreimbursable basis. 

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

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

Homeland Security Council. 

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

Subtitle B—Space Activities 

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

Sec. 912. Military satellite communications. 

Sec. 913. Operationally responsive space. 

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

civil purposes. 

Sec. 915. Sense of Congress regarding national security aspect of United States preeminence in human spaceflight. 

Subtitle C—Chemical Demilitarization Program 

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

Sec. 922. Chemical demilitarization facilities. 

Subtitle D—Intelligence-Related Matters 

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

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

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

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. Transfer authority. 

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

2005 and 2006. 

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

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

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

year 2006. 

Subtitle B—Naval Vessels and Shipyards 

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

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

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

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

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

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

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

Pearl Harbor. 

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

Subtitle C—Counter-Drug Activities 

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

expenditures to support foreign counter-drug activities. 

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

agencies conducting counter-terrorism activities. 

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

Subtitle D—Matters Related to Homeland Security 

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

relating to nuclear, chemical, and biological emergency response. 

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

chemical, biological, and high-yield explosives weapons. 

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

high-yield explosives response teams. 


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

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

support Homeland Security border security missions. 

Subtitle E—Reports and Studies 

Sec. 1041. Review of Defense Base Act insurance. 

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

Microchip Supply. 

Subtitle F—Other Matters 

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

United States. 

Sec. 1052. Reestablishment of EMP Commission. 

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

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

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

weapons testing. 

Sec. 1056. Technical and clerical amendments. 

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

Sec. 1058. Support for youth organizations. 

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

States Armed Forces. 

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

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

nations without specific authorization in law. 

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

Sec. 1063. Airport certification. 

Subtitle G—Military Mail Matters 

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

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Subtitle A—Extensions of Authorities 

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

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

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

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

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

Subtitle B—Veterans Preference Matters 

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

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

the close of Operation Iraqi Freedom. 

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

Subtitle C—Other Matters 

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

Federal employees held captive. 

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

Defense. 

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

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

Reserve Corps. 

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

Executive Service. 


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TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

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

in conjunction with military operations. 

Sec. 1202. Commanders’ Emergency Response Program. 

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

of developing countries. 

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

States is not a member. 

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

services and support for coalition liaison officers. 

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

Sec. 1207. Security and stabilization assistance. 

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

United States military operations. 

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

military and security forces of Iraq and Afghanistan. 

Subtitle B—Nonproliferation Matters and Countries of Concern 

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

Sec. 1212. Report on nonstrategic nuclear weapons. 

Subtitle C—Reports and Sense of Congress Provisions 

Sec. 1221. War-related reporting requirements. 

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

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

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

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

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

Sec. 1227. United States policy on Iraq. 

Subtitle D—Other Matters 

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

in which combat operations are ongoing. 

Sec. 1232. Riot control agents. 

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

Posture Review. 

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

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF THE 

FORMER SOVIET UNION 

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 

Sec. 1302. Funding allocations. 

Sec. 1303. Permanent waiver of restrictions on use of funds for threat reduction in 

states of the former Soviet Union. 

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

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

Cooperative Threat Reduction programs. 

TITLE XIV—MATTERS RELATING TO DETAINEES 

Sec. 1401. Short title. 

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

of the Department of Defense. 

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

persons under custody or control of the United States Government. 

Sec. 1404. Protection of United States Government personnel engaged in authorized 

interrogations. 

Sec. 1405. Procedures for status review of detainees outside the United States. 

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


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TITLE XV—AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION 

IRAQI FREEDOM AND OPERATION ENDURING FREEDOM 

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Navy and Marine Corps procurement. 

Sec. 1504. Air Force procurement. 

Sec. 1505. Defense-wide activities procurement. 

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

Sec. 1507. Operation and maintenance. 

Sec. 1508. Defense Working Capital Fund. 

Sec. 1509. Defense Health Program. 

Sec. 1510. Military personnel. 

Sec. 1511. Iraq Freedom Fund. 

Sec. 1512. Treatment as additional authorizations. 

Sec. 1513. Transfer authority. 

Sec. 1514. Availability of funds. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title. 

TITLE XXI—ARMY 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Modification of authority to carry out certain fiscal year 2004 project. 

TITLE XXII—NAVY 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

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

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

TITLE XXIII—AIR FORCE 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

TITLE XXIV—DEFENSE AGENCIES 

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 

Sec. 2402. Energy conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY 

INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Sec. 2601. Authorized Guard and Reserve construction and land acquisition 

projects. 

TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS 

Sec. 2701. Expiration of authorizations and amounts required to be specified by law. 

Sec. 2702. Extension of authorizations of certain fiscal year 2003 projects. 

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

TITLE XXVIII—GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing Changes 

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

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

by the Army at maximum amount. 


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

and activities. 

Sec. 2804. Modification of cost variation authority. 

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

acquire or construct ancillary supporting facilities. 

Sec. 2806. Department of Defense Housing Funds. 

Sec. 2807. Use of design-build selection procedures to accelerate design effort in connection with military construction projects. 

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

component facility exchange. 

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

maintenance funds for construction projects outside the United States. 

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

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

Subtitle B—Real Property and Facilities Administration 

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

limitations on use of such authorities. 

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

other constraints on military training, testing, and operations. 

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

requirements. 

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

leased facilities. 

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

Subtitle C—Base Closure and Realignment 

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

of Department of Defense base closure accounts. 

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

communities adversely affected by mission realignments in base closure 

process. 

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

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

Commission report. 

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

for closure in 2005 round of base realignments and closures. 

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

increase in number of military personnel at military installations. 

Sec. 2836. Sense of Congress regarding infrastructure and installation requirements 

for transfer of units and personnel from closed and realigned military 

installations to receiving locations. 

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

Strategy. 

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

Navy homeports. 

Subtitle D—Land Conveyances 

PART I—ARMY CONVEYANCES

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

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

Sec. 2843. Land conveyance, Helena, Montana. 

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

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

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

Virginia. 

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

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

PART II—NAVY CONVEYANCES

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


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

Navy Yard, District of Columbia. 

PART III—AIR FORCE CONVEYANCES

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

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

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

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

Subtitle E—Other Matters 

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

Puerto Rico. 

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

Okaloosa Island, Florida, to Gulf Islands National Seashore. 

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

Arizona. 

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

Community. 

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

as McEntire Joint National Guard Base. 

Sec. 2876. Sense of Congress regarding community impact assistance related to construction of Navy landing field, North Carolina. 

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

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND

OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Defense nuclear waste disposal. 

Subtitle B—Other Matters 

Sec. 3111. Reliable Replacement Warhead program. 

Sec. 3112. Rocky Flats Environmental Technology Site. 

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

Energy in 2005. 

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

Project, Hanford Site, Richland, Washington. 

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

Sec. 3116. Report on international border security programs. 

Sec. 3117. Savannah River National Laboratory. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE 

Sec. 3301. Authorized uses of National Defense Stockpile funds. 

Sec. 3302. Revisions to required receipt objectives for previously authorized disposals 

from National Defense Stockpile. 

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

Sec. 3304. Disposal of ferromanganese. 

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

TITLE XXXV—MARITIME ADMINISTRATION 

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

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

Sec. 3503. Maintenance and repair reimbursement pilot program. 

Sec. 3504. Tank vessel construction assistance. 

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

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


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

Maritime Administration. 

Sec. 3508. Technical corrections. 

Sec. 3509. United States Maritime Service. 

Sec. 3510. Awards and medals. 

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

For purposes of this Act, the term ‘‘congressional defense committees’’ has the meaning given that term in section 101(a)(16) of 

title 10, United States Code. 

DIVISION A—DEPARTMENT OF DEFENSE 

AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Subtitle B—Army Programs 

Sec. 111. Multiyear procurement authority for utility helicopters. 

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

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

helicopters to the AH–64D Block II configuration. 

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

Sec. 115. Report on Army Modular Force Initiative. 

Subtitle C—Navy Programs 

Sec. 121. Virginia-class submarine program. 

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

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

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

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

shipyard. 

Sec. 126. Aircraft carrier force structure. 

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

Sec. 128. CVN–78 aircraft carrier. 

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

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

Subtitle D—Air Force Programs 

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

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

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

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

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

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

Subtitle E—Joint and Multiservice Matters 

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

data link. 

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

Sec. 143. Advanced SEAL Delivery System. 


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Subtitle A—Authorization of 

Appropriations 

SEC. 101. ARMY. 

Funds are hereby authorized to be appropriated for fiscal year 

2006 for procurement for the Army as follows: 

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

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

(3) For weapons and tracked combat vehicles, 

$1,652,949,000. 

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

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

SEC. 102. NAVY AND MARINE CORPS. 

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

fiscal year 2006 for procurement for the Navy as follows: 

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

(2) For weapons, including missiles and torpedoes, 

$2,737,841,000. 

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

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

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

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

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

authorized to be appropriated for fiscal year 2006 for procurement 

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

of $867,470,000. 

SEC. 103. AIR FORCE. 

Funds are hereby authorized to be appropriated for fiscal year 

2006 for procurement for the Air Force as follows: 

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

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

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

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

SEC. 104. DEFENSE-WIDE ACTIVITIES. 

Funds are hereby authorized to be appropriated for fiscal year 

2006 for Defense-wide procurement in the amount of 

$2,646,988,000. 

Subtitle B—Army Programs 

SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR UTILITY HELICOPTERS. 

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

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

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

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

the Secretary of the Army, acting as executive agent for the Department of the Navy, may enter into a multiyear contract for the procurement of MH–60S Seahawk helicopters. 

(c) CONTRACT REQUIREMENTS.—Any multiyear contract under 

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


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

year 2007 program year. 

SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR MODERNIZED 

TARGET ACQUISITION DESIGNATION SIGHT/PILOT NIGHT 

VISION SENSORS FOR AH–64 APACHE ATTACK HELICOPTERS. 

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

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

multiyear contract, beginning with the fiscal year 2006 program 

year, for procurement of modernized target acquisition designation 

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

(b) LIMITATION ON TERM OF CONTRACT.—Notwithstanding subsection (k) of section 2306b of title 10, United States Code, a contract under this section may not be for a period in excess of four program years. 

SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR CONVERSION 

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

BLOCK II CONFIGURATION. 

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

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

multiyear contract, beginning with the fiscal year 2006 program 

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

64D Block II configuration. 

(b) LIMITATION ON TERM OF CONTRACT.—Notwithstanding subsection (k) of section 2306b of title 10, United States Code, a contract under this section may not be for a period in excess of four program years. 

SEC. 114. ACQUISITION STRATEGY FOR TACTICAL WHEELED VEHICLE 

PROGRAMS. 

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

recapitalization of the fleet of tactical wheeled vehicles of the Army, 

the Secretary of the Army determines to award a contract for procurement of a new vehicle class for the next-generation tactical 

wheeled vehicle, the Secretary shall award and execute the acquisition program under that contract as a joint service program with 

the Marine Corps. 

(b) MARINE CORPS.—If, in carrying out a program for modernization and recapitalization of the fleet of tactical wheeled vehicles of the Marine Corps, the Secretary of the Navy determines to 

award a contract for procurement of a new vehicle class for the nextgeneration tactical wheeled vehicle, the Secretary shall award and 

execute the acquisition program under that contract as a joint service program with the Army. 

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

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

or product improvements to the existing fleet of tactical wheeled vehicles of the Army or Marine Corps, respectively. 

SEC. 115. REPORT ON ARMY MODULAR FORCE INITIATIVE. 

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

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

shall be submitted not later than 30 days after the date of the submission to Congress of a request by the President for the enactment 


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of emergency supplemental appropriations for the Department of Defense for fiscal year 2006. 

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

(a) shall include the following: 

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

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

complex of programs constituting the Army Modular Force Initiative. 

(2) For each program specified under paragraph (1), the acquisition objective of the program, the funding profile of the 

program, and the requirement for the program. 

(3) The requirements of each such program that, under current funding plans of the Department of Defense for fiscal years 

after fiscal year 2006, would not be funded. 

(4) A detailed accounting of the amounts for the Army Modular Force Initiative in the request for supplemental appropriations referred to in subsection (a). 

Subtitle C—Navy Programs 

SEC. 121. VIRGINIA-CLASS SUBMARINE PROGRAM. 

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

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

five Virginia-class submarines designated as SSN–779, SSN–780, 

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

amounts: 

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

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

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

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

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

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

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

Virginia-class submarine specified in that subsection by the following: 

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

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

laws enacted after September 30, 2005. 

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

incurred for that submarine. 

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

submarine that are attributable to insertion of new technology 

into that submarine, as compared to the technology built into 

the lead vessel of the Virginia class. 

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

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

subsection (a) for any Virginia-class submarine with respect to insertion of new technology into that submarine only if— (1) the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology 

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


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

is required to meet an emerging threat and the Secretary of Defense certifies to those committees that such threat poses grave 

harm to national security. 

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

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

year, written notice of any change in any of the amounts set forth 

in subsection (a) during the preceding fiscal year that the Secretary 

has determined to be associated with a cost referred to in subsection 

(b). 

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

PROGRAM. 

(a) LIMITATION ON PROCUREMENT FUNDS.—Of the funds available to the Department of the Navy for Shipbuilding and Conversion, Navy, for fiscal year 2006 for procurement for the LHA Replacement (LHA(R)) amphibious assault ship program, not more 

than 70 percent may be obligated or expended until the Secretary 

of the Navy submits to the congressional defense committees the Secretary’s certification in writing that— (1) a detailed operational requirements document for the 

program has been approved within the Department of Defense 

by an appropriate approval authority; and 

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

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

a class of vessels shall be considered to be stable when no substantial change to the design is anticipated. 

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

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

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

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

$2,300,000,000. 

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

Navy may adjust the amount set forth in subsection (a) for the vessel referred to in that subsection by the following: 

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

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

laws enacted after September 30, 2005. 

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

incurred for that vessel. 

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

vessel that are attributable to insertion of new technology into 

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

vessel of the next-generation destroyer program class. 

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

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

subsection (a) for the vessel referred to in that subsection with respect to insertion of new technology into that vessel only if—


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

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

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

is required to meet an emerging threat and the Secretary of Defense certifies to those committees that such threat poses grave 

harm to national security. 

(d) WRITTEN NOTICE OF CHANGE IN AMOUNT.— (1) REQUIREMENT.—The Secretary of the Navy shall submit 

to the congressional defense committees each year, at the same 

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

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

of any change in the amount set forth in subsection (a) during 

the preceding fiscal year that the Secretary has determined to 

be associated with a cost referred to in subsection (b). 

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

shall become effective with the budget request for the year of 

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

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

to award a contract for detail design and construction. 

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

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

acquire and deploy a new class of destroyers as the follow-on to the 

Arleigh Burke class of destroyers. 

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

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

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

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

vessels, excluding amounts for elements designated by the Secretary 

of the Navy as a mission package, may not exceed $220,000,000 per 

vessel. 

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

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

vessel referred to in that subsection by the following: 

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

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

laws enacted after September 30, 2005. 

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

incurred for that vessel. 

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

vessel that are attributable to insertion of new technology into 

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

and second vessels, respectively, of the Littoral Combat Ship 

(LCS) class of vessels. 

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

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

subsection (a) for any vessel referred to in that subsection with respect to insertion of new technology into that vessel only if—

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

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


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

is required to meet an emerging threat and the Secretary of Defense certifies to those committees that such threat poses grave 

harm to national security. 

(d) ANNUAL REPORT ON COST GROWTH.—

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

to the congressional defense committees each year, at the same 

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

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

of any change in the amount set forth in subsection (a) during 

the preceding fiscal year that the Secretary has determined to 

be associated with a cost referred to in subsection (b). 

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

shall become effective with the budget request for the year of 

procurement of the fifth and sixth vessels in the Littoral Combat Ship (LCS) class of vessels, such year being the fiscal year 

in which the Secretary of the Navy intends to award a contract 

for detail design and construction of those vessels. 

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

the Navy shall submit to the congressional defense committees each 

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

year is submitted under section 1105(a) of title 31, United States 

Code, a report that provides current information regarding the content of any element of the Littoral Combat Ship (LCS) class of vessels that is designated as a ‘‘mission package’’, the estimated cost of 

any such element, and the total number of such elements anticipated. 

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

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

Combat Ships, or elements for such Littoral Combat Ships referred 

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

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

submits to the congressional defense committees the Secretary’s certification in writing that there exist stable designs for the Littoral 

Combat Ship class of vessels. 

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

of a class of vessels shall be considered to be stable when no substantial change to those designs is anticipated. 

SEC. 125. PROHIBITION ON ACQUISITION OF NEXT-GENERATION DESTROYER THROUGH A SINGLE SHIPYARD. 

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

vessels under the next-generation destroyer program through a winner-take-all acquisition strategy. 

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

may not obligate or expend any funds to prepare for, conduct, or implement a strategy for the acquisition of vessels under the next-generation destroyer program through a winner-take-all acquisition 

strategy. 

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

this section, the term ‘‘winner-take-all acquisition strategy’’, with respect to the acquisition of vessels under the next-generation destroyer program, means the acquisition (including design and construction) of such vessels through a single shipyard. 


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

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

acquire and deploy a new class of destroyers as the follow-on to the 

Arleigh Burke class of destroyers. 

SEC. 126. AIRCRAFT CARRIER FORCE STRUCTURE. 

(a) REQUIREMENT FOR 12 OPERATIONAL AIRCRAFT CARRIERS

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

amended—

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

(c) and (d), respectively; and 

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

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

than 12 operational aircraft carriers. For purposes of this subsection, an operational aircraft carrier includes an aircraft carrier 

that is temporarily unavailable for worldwide deployment due to 

routine or scheduled maintenance or repair.’’. 

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

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

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

and maintenance to extend the life of the U.S.S. John F. Kennedy 

(CVN–67). 

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

VINSON. 

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

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

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

available for work on the nuclear refueling and complex overhaul 

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

by Public Law 109–104. 

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

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

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

preceding the enactment of this Act. 

SEC. 128. CVN–78 AIRCRAFT CARRIER. 

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

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

design and construction of the aircraft carrier designated CVN–78 

that provides that, subject to subsection (b), funds for payments 

under the contract may be provided from amounts appropriated for 

Shipbuilding and Conversion, Navy, for fiscal years 2007, 2008, 

and 2009. 

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

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

year after fiscal year 2006 is subject to the availability of appropriations for that purpose for that fiscal year. 

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

(a) AMOUNT AUTHORIZED FROM SCN ACCOUNT FOR FISCAL

YEAR 2006.—Of the amount authorized to be appropriated by section 102(a)(3) for fiscal year 2006 for shipbuilding and conversion, 

Navy, $200,447,000 shall be available for design, advance procureVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00053 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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ment, advance construction, detail design, and construction with respect to the LHA Replacement (LHA(R)) ship. 

(b) AMOUNTS AUTHORIZED FROM SCN ACCOUNT FOR FISCAL

YEARS 2007 AND 2008.—Amounts authorized to be appropriated for 

fiscal years 2007 and 2008 for shipbuilding and conversion, Navy, 

shall be available for construction with respect to the LHA Replacement ship. 

(c) CONTRACT AUTHORITY.— (1) DESIGN, ADVANCE PROCUREMENT, AND ADVANCE CON- STRUCTION.—The Secretary of the Navy may enter into a contract during fiscal year 2006 for design, advance procurement, 

and advance construction with respect to the LHA Replacement 

ship. 

(2) DETAIL DESIGN AND CONSTRUCTION.—The Secretary 

may enter into a contract during fiscal year 2006 for the detail 

design and construction of the LHA Replacement ship. 

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

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

appropriations for that purpose for such fiscal year. 

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

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

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

LHA Replacement (LHA(R)) ship program. 

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

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

shall conduct an analysis of alternative propulsion methods for surface combatant vessels and amphibious warfare ships of the Navy. 

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

defense committees a report on the analysis of alternative propulsion 

systems carried out under subsection (a). The report shall be submitted not later than November 1, 2006. 

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

shall include the following: 

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

under subsection (a). 

(2) The methodology and techniques used in conducting the 

analysis. 

(3) A description of current and future technology relating 

to propulsion that has been incorporated in recently-designed 

surface combatant vessels and amphibious warfare ships or 

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

the next 10-to-20 years. 

(4) A description of each propulsion alternative for surface 

combatant vessels and amphibious warfare ships that was considered under the study and an analysis and evaluation of each 

such alternative from an operational and cost-effectiveness 

standpoint. 

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

alternative. 

(6) For each nuclear propulsion alternative, an analysis of 

when that nuclear propulsion alternative becomes cost effective 

as the price of a barrel of crude oil increases for each type of 


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surface combatant vessel and each type of amphibious warfare 

ship. 

(7) The conclusions and recommendations of the study, including those conclusions and recommendations that could impact the design of future ships or lead to modifications of existing ships. 

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

(d) LIFE-CYCLE COSTS.—For purposes of this section, the term ‘‘life-cycle costs’’ includes those elements of cost that would be considered for a life-cycle cost analysis for a major defense acquisition 

program. 

Subtitle D—Air Force Programs 

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

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

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

contract, beginning with the fiscal year 2006 program year, for the 

procurement of up to 42 additional C–17 aircraft. 

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

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

of Defense submits to the congressional defense committees a certification that the additional airlift capacity to be provided by the C– 17 aircraft to be procured under that authority is consistent with 

the assessment of the intertheater airlift capabilities required to 

support the national defense strategy carried out pursuant to subsection (c) and submitted to the congressional committees pursuant 

to subsection (d). 

(c) ASSESSMENT OF INTERTHEATER AIRLIFT REQUIREMENTS.— (1) REQUIREMENT.—The Secretary of Defense shall carry 

out an assessment of the intertheater airlift capabilities required to support the national defense strategy. The assessment 

shall include development of recommendations for future airlift 

force structure requirements, together with an explanation for 

each such recommendation. The Secretary shall submit the assessment pursuant to subsection (d). 

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

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

explain how the recommendations for future airlift force structure requirements in that report take into account the following: 

(A) The increased airlift demands associated with the 

Army modular brigade combat teams. 

(B) The objective to be able to deliver— (i) a brigade combat team anywhere in the world 

within four to seven days; 

(ii) a division anywhere in the world within 10 

days; and 

(iii) multiple divisions anywhere in the world within 20 days. 

(C) The increased airlift demands associated with the 

expanded scope of operational activities of the Special Operations forces. 


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(D) The realignment of the overseas basing structure in 

accordance with the Integrated Presence and Basing Strategy announced by the Secretary of Defense on March 20, 

2003. 

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

(F) The potential for simultaneous homeland defense 

activities and major combat operations. 

(G) Potential changes in requirements for intratheater 

airlift or sealift capabilities. 

(H) The capability of the Civil Reserve Air Fleet to provide adequate augmentation in meeting global mobility requirements. 

(d) SUBMISSION OF ASSESSMENT OF INTERTHEATER AIRLIFT REQUIREMENTS.—

(1) INCLUSION IN QUADRENNIAL DEFENSE REVIEW.—Subject 

to paragraph (2), the assessment of the intertheater airlift capabilities required to support the national defense strategy required by subsection (c)(1) shall be carried out as part of the 

quadrennial defense review under section 118 of title 10, United 

States Code, in 2005 and in accordance with the provisions of 

subsection (d)(9) of that section, and the report under subsection 

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

quadrennial defense review submitted to the Committees on 

Armed Services of the Senate and House of Representatives 

with the budget of the President for fiscal year 2007 (as submitted under section 1105(a) of title 31, United States Code). 

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

determines that, because of the date required by law for the submission of the report on the quadrennial defense review referred 

to in paragraph (1), the assessment of the intertheater airlift capabilities required to support the national defense strategy required by subsection (c)(1) cannot be carried out as part of the 

quadrennial defense review referred to in paragraph (1), the 

Secretary may submit the report of such assessment not later 

than 45 days after the date of the submission of that review 

pursuant to section 118(d) of title 10, United States Code. In 

that case, the Secretary shall submit the report of such assessment to the congressional defense committees. 

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

Secretary of Defense is unable to make the certification specified in 

subsection (b), the Secretary of the Air Force should procure sufficient C–17 aircraft to maintain the C–17 aircraft production line at 

not less than the minimum sustaining rate until sufficient flight test 

data regarding improved C–5 aircraft mission capability rates as a 

result of the Reliability Enhancement and Re-engining Program 

and Avionics Modernization Program have been obtained to determine the validity of assumptions concerning the C–5 aircraft used 

in the Mobility Capabilities Study. 

SEC. 132. PROHIBITION ON RETIREMENT OF KC–135E AIRCRAFT. 

The Secretary of the Air Force may not retire any KC–135E aircraft of the Air Force in fiscal year 2006. 


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

FISCAL YEAR 2006. 

The Secretary of the Air Force may not retire any F–117 Nighthawk attack aircraft during fiscal year 2006. 

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

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

tactical airlift aircraft during fiscal year 2006. 

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

YEAR 2005. 

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

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

contract continuing in force from a fiscal year before fiscal year 

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

Federal Acquisition Regulation (FAR), relating to acquisition of 

items by negotiated contract (48 C.F.R. 15.000 et seq.), rather than 

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

et seq.). 

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

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

of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on aircraft 

aeromedical evacuation programs of the Air Force. The report shall 

contain a comprehensive evaluation and overall assessment of (1) 

the current aeromedical evacuation program, carried out through 

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

aeromedical evacuation program, carried out through the use of 

dedicated aircraft. 

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

following: 

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

current aircraft aeromedical evacuation program compared to 

the challenges and capability gaps of the former program. 

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

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

(3) Specification of medical equipment or upgrades needed 

to enhance the current program. 

(4) Specification of aircraft equipment or upgrades needed 

to enhance the current program. 

(5) A description of the advantages and disadvantages of 

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

(6) A cost comparison analysis of the current program and 

the former program. 

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

is obtained and applied to the current program. 


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Subtitle E—Joint and Multiservice Matters 

SEC. 141. REQUIREMENT THAT TACTICAL UNMANNED AERIAL VEHICLES USE SPECIFIED STANDARD DATA LINK. 

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

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

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

Marine Corps, and Air Force are equipped and configured so that—

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

of Defense standard tactical unmanned aerial vehicle data link 

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

time as the Tactical Common Data Link standard is replaced 

by an updated standard for use by those vehicles; and 

(2) those vehicles use data formats consistent with the architectural standard for tactical unmanned aerial vehicles 

known as STANAG 4586, developed to facilitate multinational 

interoperability among NATO member nations. 

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

available to the Department of Defense may be used to enter into a 

contract for procurement of a new tactical unmanned aerial vehicle 

system with data links other than as required by subsection (a)(1). 

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

Acquisition, Technology, and Logistics may waive the applicability 

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

Under Secretary determines, and certifies to the congressional defense committees, that it would be technologically infeasible or uneconomically acceptable to integrate a tactical data link specified in 

that subsection into that tactical unmanned aerial vehicle. 

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

each military department shall submit to Congress a report on the 

status of implementation of standard data links for unmanned aerial vehicles under the jurisdiction of the Secretary in accordance 

with subsection (a). 

SEC. 142. LIMITATION ON INITIATION OF NEW UNMANNED AERIAL VEHICLE SYSTEMS. 

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

may not be used to procure an unmanned aerial vehicle (UAV) system, including any air vehicle, data link, ground station, sensor, or 

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

such system to include any form of armament, unless such procurement or modification is authorized in writing in advance by the 

Under Secretary of Defense for Acquisition, Technology, and Logistics. 

(b) EXCEPTION FOR EXISTING SYSTEMS.—The limitation in subsection (a) does not apply with respect to an unmanned aerial vehicle (UAV) system for which funds are under contract as of the date 

of the enactment of this Act or for which funds have been appropriated for procurement before the date of the enactment of this Act. 

SEC. 143. ADVANCED SEAL DELIVERY SYSTEM. 

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

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

that are available for the United States Special Operations Command, $10,100,000 may not be obligated or expended until the SecVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00058 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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retary of Defense submits to the congressional defense committees 

each of the following: 

(1) The Secretary’s certification that the Secretary has revalidated the requirement for the Advanced SEAL Delivery System. 

(2) A report on the Advanced SEAL Delivery System program that, at a minimum, includes— (A) the conclusions of the quadrennial defense review 

concerning the program; 

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

the manner of their expected employment; 

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

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

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

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

ongoing critical systems review with respect to the Advanced SEAL 

Delivery System program. 

TITLE II—RESEARCH, DEVELOPMENT, 

TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Sec. 202. Amount for defense science and technology. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Annual Comptroller General report on Future Combat Systems program. 

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

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

vehicles under Armored Systems Modernization program. 

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

and demonstration projects for Armored Systems Modernization program. 

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

submarine. 

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

mine countermeasures programs. 

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

program. 

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

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

Sec. 220. Limitation on VXX helicopter program. 

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

Subtitle C—Missile Defense Programs 

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

defense systems. 

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

defense programs. 

Sec. 233. Fielding of ballistic missile defense capabilities. 

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

Subtitle D—High-Performance Defense Manufacturing Technology Research and 

Development 

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

processes and technologies. 


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Sec. 242. Transition of transformational manufacturing processes and technologies 

to defense manufacturing base. 

Sec. 243. Manufacturing technology strategies. 

Sec. 244. Report. 

Sec. 245. Definitions. 

Subtitle E—Other Matters 

Sec. 251. Comptroller General report on program element structure for research, development, test, and evaluation projects. 

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

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

and Technology Plan. 

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

Sec. 255. Technology transition. 

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

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

award cash prizes for advanced technology achievements. 

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

Test Facility Base. 

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

evaluation activities. 

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

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

systems. 

Subtitle A—Authorization of 

Appropriations 

SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

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

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

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

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

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

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

and Evaluation. 

SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY. 

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

Defense Science and Technology Program, including basic research, 

applied research, and advanced technology development projects. 

(b) BASIC RESEARCH, APPLIED RESEARCH, AND ADVANCED

TECHNOLOGY DEVELOPMENT DEFINED.—For purposes of this section, 

the term ‘‘basic research, applied research, and advanced technology 

development’’ means work funded in program elements for defense 

research and development under Department of Defense budget activities 1, 2, and 3. 


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Subtitle B—Program Requirements, 

Restrictions, and Limitations 

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

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

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

report on the results of the most recent review. With each such report, the Comptroller General shall submit a certification as to 

whether the Comptroller General has had access to sufficient information to enable the Comptroller General to make informed judgments on the matters covered by the report. 

(b) MATTERS TO BE INCLUDED.—Each report on the Future 

Combat Systems program under subsection (a) shall include the following with respect to research and development under the program: 

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

parameters, technology readiness levels, cost, and schedule. 

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

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

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

makes to meeting the goals established for performance, key 

performance parameters, and technology readiness levels of the 

Future Combat Systems program. 

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

year in which the report is submitted. 

(4) The Comptroller General’s conclusion regarding whether 

such systems development and demonstration (leading to production) is likely to be completed at a total cost not in excess 

of the amount specified (or to be specified) for such purpose in 

the Selected Acquisition Report for the Future Combat Systems 

program under section 2432 of title 10, United States Code, for 

the first quarter of the fiscal year during which the report of the 

Comptroller General is submitted. 

(c) TERMINATION.—No report is required under this section after 

systems development and demonstration under the Future Combat 

Systems program is completed. 

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

The Secretary of the Army shall procure the Future Combat 

Systems (FCS) through a contract under part 15 of the Federal Acquisition Regulation (FAR), relating to acquisition of items by negotiated contract (48 C.F.R. 15.000 et seq.), rather than through a 

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

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

SYSTEMS MODERNIZATION PROGRAM. 

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

made available pursuant to the authorization of appropriations in 


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34 

section 201 for the Armored Systems Modernization program, not 

more than 70 percent may be obligated for systems development and 

demonstration of manned ground vehicle variants under that program until each of the following occurs: 

(1) The Secretary of Defense certifies to the congressional 

defense committees that the threshold requirements for manned 

ground vehicle variants with respect to lethality and survivability have been met and demonstrated, in accordance with applicable regulations, in a relevant environment to be at least 

equal to the lethality and survivability of the manned ground 

vehicles to be replaced by those variants. 

(2) The Secretary of Defense submits to the congressional 

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

manned ground vehicle variants under the Future Combat Systems program for the purpose of determining whether— (A) the requirement can be supported by the futureyears defense plan and the projected extended planning period inter-theater and intra-theater airlift force structure 

budget; 

(B) the requirement is justified by any likely deployment scenario envisioned by current operational plans; and 

(C) the projected unit procurement cost warrants the 

investment required to deploy those variants. 

(3) The Under Secretary of Defense for Acquisition, Technology, and Logistics submits to the congressional defense committees the results of an independent cost estimate, prepared by 

the cost analysis improvement group of the Office of the Secretary of Defense, with respect to the Future Combat Systems 

program. 

(4) The Secretary of the Army submits to the congressional 

defense committees a report containing— (A) the organizational design, quantities, and fielding 

plan for each of the current force Brigade Combat Teams 

and the Future Combat Systems Brigade Combat Teams; 

and 

(B) the Future Combat Systems Manned Ground Vehicle research, development, test, and evaluation and procurement plan and budgets through the future-years defense 

plan, including unit procurement cost for each Future Combat Systems Manned Ground Vehicle variant in constant 

and current-year dollars. 

(5) The Secretary of Defense submits to the congressional 

defense committees a report describing and evaluating the requirements and budgets for the technology insertion program 

for integrating Future Combat Systems capabilities into current 

force programs through the future-years defense plan for the 

purpose of determining—

(A) the balance in programs and resources between the 

Future Combat Systems Brigade Combat Teams and the 

current force Brigade Combat Teams; 

(B) the feasibility of accelerating technology insertion 

into the current force Brigade Combat Teams; 

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nology insertions into the current force Brigade Combat 

Teams through the future-years defense plan; and 

(D) the capabilities of a current force Brigade Combat 

Team equipped with planned technology insertions in 2010, 

in comparison to a Future Combat Systems Manned 

Ground Vehicle Brigade Combat Team in 2014. 

(b) EXCEPTION FOR NON-LINE-OF-SIGHT CANNON SYSTEM.—

This section does not apply with respect to the obligation of funds 

for systems development and demonstration of the non-line-of-sight 

cannon system. 

SEC. 214. SEPARATE PROGRAM ELEMENTS REQUIRED FOR SIGNIFICANT SYSTEMS DEVELOPMENT AND DEMONSTRATION 

PROJECTS FOR ARMORED SYSTEMS MODERNIZATION 

PROGRAM. 

(a) PROGRAM ELEMENTS SPECIFIED.—Effective for the budget of 

the President submitted to Congress under section 1105(a) of title 

31, United States Code, for fiscal year 2008 and each fiscal year 

thereafter, the Secretary of Defense shall ensure that a separate, 

dedicated program element is assigned to each of the following systems development and demonstration projects of the Armored Systems Modernization program: 

(1) Manned Ground Vehicles. 

(2) Systems of Systems Engineering and Program Management. 

(3) Future Combat Systems Reconnaissance Platforms and 

Sensors. 

(4) Future Combat Systems Unmanned Ground Vehicles. 

(5) Unattended Sensors. 

(6) Sustainment. 

(b) EARLY COMMENCEMENT OF DISPLAY IN BUDGET JUSTIFICATION MATERIALS.—As part of the budget justification materials submitted to Congress in support of the Department of Defense budget 

for fiscal year 2007, as submitted with the budget of the President 

under such section 1105(a), the Secretary of the Army shall set forth 

the budget justification material for the systems development and 

demonstration projects of the Armored Systems Modernization program identified in subsection (a) as if the projects were already separate program elements. 

(c) TECHNOLOGY INSERTION TO CURRENT FORCE.—

(1) REPORT ON ESTABLISHMENT OF ADDITIONAL PROGRAM

ELEMENT.—Not later than June 1, 2006, the Secretary of the 

Army shall submit a report to the congressional defense committees describing the manner in which the costs of integrating 

Future Combat Systems capabilities into current force programs 

could be assigned to a separate, dedicated program element and 

any management issues that would be raised as a result of establishing such a program element. 

(2) DISPLAY IN BUDGET JUSTIFICATION MATERIALS.—As part 

of the budget justification materials submitted to Congress in 

support of the Department of Defense budget for fiscal year 

2007 and each fiscal year thereafter, as submitted with the 

budget of the President under such section 1105(a), the Secretary of the Army shall set forth the budget justification material for technology insertion to the current force under the Armored Systems Modernization program. 


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SEC. 215. INITIATION OF PROGRAM TO DESIGN AND DEVELOP NEXTGENERATION NUCLEAR ATTACK SUBMARINE. 

(a) PROGRAM REQUIRED.—The Secretary of the Navy shall initiate a program to design and develop the next-generation of nuclear 

attack submarines. 

(b) OBJECTIVE.—The objective of the program required by subsection (a) is to develop a nuclear attack submarine that meets or 

exceeds the warfighting capability of a submarine of the current Virginia class at a cost dramatically lower than the cost of a submarine of the Virginia class. The Secretary may meet such objective 

by modifying the Virginia class of nuclear submarines to incorporate new technology. 

(c) REPORT.—

(1) IN GENERAL.—The Secretary of the Navy shall include, 

with the defense budget justification materials submitted in 

support of the President’s budget for fiscal year 2007 submitted 

to Congress under section 1105 of title 31, United States Code, 

a report on the program required by subsection (a). 

(2) CONTENTS.—The report shall include—

(A) an outline of the management approach to be used 

in carrying out the program; 

(B) the goals for the program; and 

(C) a schedule for the program. 

SEC. 216. EXTENSION OF REQUIREMENTS RELATING TO MANAGEMENT 

RESPONSIBILITY FOR NAVAL MINE COUNTERMEASURES 

PROGRAMS. 

(a) IN GENERAL.—Section 216 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 

105 Stat. 1317), as most recently amended by section 212 of the Bob 

Stump National Defense Authorization Act for Fiscal Year 2003 

(Public Law 107–314; 116 Stat. 2480), is amended—

(1) in subsection (a), by striking ‘‘2008’’ and inserting 

‘‘2011’’; 

(2) in subsection (b)(1), by inserting after ‘‘Secretary of Defense’’ the following: ‘‘, and the Secretary of Defense has forwarded to the congressional defense committees,’’; 

(3) in subsection (b)(2), by inserting before the semicolon at 

the end the following: ‘‘and, by so certifying, ensures that the 

budget meets the requirements of section 2437 of title 10, United 

States Code’’; and 

(4) by striking subsection (c) and inserting the following 

new subsection (c): 

‘‘(c) NOTIFICATION OF CERTAIN PROPOSED CHANGES.— ‘‘(1) IN GENERAL.—With respect to a fiscal year, the Secretary may not carry out any change to the naval mine countermeasures master plan or the budget resources for mine countermeasures with respect to that fiscal year until after the Under 

Secretary of Defense for Acquisition, Technology, and Logistics 

submits to the congressional defense committees a notification 

of the proposed change. Such notification shall describe the nature of the proposed change and the effect of the proposed 

change on the naval mine countermeasures program or related 

programs with respect to that fiscal year. 

‘‘(2) EXCEPTION.—Paragraph (1) does not apply to a change 

if both—


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‘‘(A) the amount of the change is below the applicable 

reprogramming threshold; and ‘‘(B) the effect of the change does not affect the validity 

of the decision to certify.’’. (b) NOTICE AND CERTIFICATION BEFORE DECOMMISSIONING OF

MHC–51 VESSELS.—The Secretary of the Navy may not decommission any vessel of the MHC–51 mine countermeasures class before 

the end of the service life of that vessel until— (1) the Secretary submits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the 

House of Representatives a report on existing capabilities to assume the MHC–51 mission, together with the Secretary’s certification that the capabilities of the vessels of the MHC–51 mine 

countermeasures class are no longer required; and 

(2) a period of 30 days has elapsed after the date of receipt 

of that report and certification by those committees. 

SEC. 217. SINGLE SET OF REQUIREMENTS FOR ARMY AND MARINE 

CORPS HEAVY LIFT ROTORCRAFT PROGRAM. 

(a) JOINT REQUIREMENT.—The Secretary of the Army and the 

Secretary of the Navy shall develop a single set of requirements for 

the Joint Heavy Lift program for the Army and the Marine Corps. 

(b) APPROVAL BY JROC REQUIRED.—The Secretary of Defense 

may not authorize entry into Systems Development and Demonstration for the next-generation heavy lift rotorcraft until the single joint 

requirement required by subsection (a) has been approved by the 

Joint Requirements Oversight Council. 

(c) EXCEPTION.—This section does not apply to the CH–53X 

Heavy Lift Replacement Program. 

SEC. 218. REQUIREMENTS FOR DEVELOPMENT OF TACTICAL RADIO 

COMMUNICATIONS SYSTEMS. 

(a) INTERIM TACTICAL RADIO COMMUNICATIONS.—The Secretary 

of Defense shall— (1) assess the immediate requirements of the military departments for tactical radio communications systems; 

(2) ensure that the military departments rapidly acquire 

tactical radio communications systems utilizing existing technology or mature systems readily available in the commercial 

marketplace; and 

(3) develop a plan and roadmap for the development, procurement, deployment, and sustainment of interim and future 

tactical radio communications systems. 

(b) JOINT TACTICAL RADIO SYSTEM.—The Secretary of Defense 

shall apply Department of Defense Instruction 5000.2 to the Joint 

Tactical Radio System in a manner that does not permit the Milestone B entrance requirements to be waived unless the Secretary certifies that the Department is unable to meet critical national security objectives. 

(c) CERTIFICATION OF BUDGETS.—

(1) BUDGETING THROUGH JOINT PROGRAM OFFICE.—The 

Secretary of Defense shall require that the Secretary of each 

military department, and the head of each Defense Agency with 

programs developing components of or research related to the 

Joint Tactical Radio System transmit such proposed budgets 

for these activities, including all waveform development activities, for a fiscal year to the head of the single joint program ofVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00065 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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fice designated under section 213 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 

Stat. 1416) for review and certification under paragraph (2) before submitting such proposed budget to the Under Secretary of 

Defense (Comptroller). 

(2) ACTIONS OF HEAD OF JOINT PROGRAM OFFICE.—The 

head of the single joint program office designated under section 

213 of the National Defense Authorization Act for Fiscal Year 

2004 (Public Law 108–136; 117 Stat. 1416) shall review each 

proposed budget transmitted under paragraph (1) and shall, 

not later than January 31 of the year preceding the fiscal year 

for which such budgets are proposed, submit to the Secretary of 

Defense a report containing comments with respect to all such 

proposed budgets, together with the certification as to whether 

such proposed budgets are adequate and whether such proposed 

budgets provide balanced support for the plan required under 

subsection (a)(3). 

(3) ACTIONS OF SECRETARY OF DEFENSE.—The Secretary of 

Defense shall, not later than March 31 of the year preceding the 

fiscal year for which such budgets are proposed, submit to Congress a report on those proposed budgets which the head of the 

single joint program office has not certified under paragraph 

(2) to be adequate, including a discussion of the actions that the 

Secretary proposes to take to address the inadequacy of the proposed budgets. 

(d) REPORT ON IMPLEMENTATION REQUIRED.—Not later than 

May 1, 2006, the Secretary of Defense shall submit to the Committee 

on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the implementation 

of this section. 

SEC. 219. LIMITATION ON SYSTEMS DEVELOPMENT AND DEMONSTRATION OF PERSONNEL RECOVERY VEHICLE. 

Not more than 40 percent of the amounts made available pursuant to the authorization of appropriations in section 201 for systems development and demonstration of the Personnel Recovery Vehicle may be obligated until 30 days after the date on which the 

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

(1) The Secretary’s certification that the requirements for 

the Personnel Recovery Vehicle have been validated by the Joint 

Requirements Oversight Council and that the acquisition schedule has been validated by the Under Secretary of Defense for 

Acquisition, Technology, and Logistics. 

(2) The Secretary’s certification that all technologies required to meet the requirements (as validated under paragraph 

(1)) for the Personnel Recovery Vehicle are mature and will 

have been demonstrated in a relevant environment before inclusion in production aircraft. 

(3) The Secretary’s assessment of whether another aircraft, 

or modification of an aircraft, in the inventory of the Department of Defense can meet the requirements and provide a more 

cost effective solution (as validated under paragraph (1)) for the 

Personnel Recovery Vehicle Program. 

(4) In the event that the Department chooses to award a 

contract for the Personnel Recovery Vehicle Program for an airVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00066 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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craft not in the Department of Defense inventory, the Secretary’s 

explanation of the reasons why the chosen system would be 

more effective or less expensive in terms of total life-cycle costs. 

(5) A statement setting forth the independent cost estimate 

and manpower estimate (as required by section 2434 of title 10, 

United States Code) for the Personnel Recovery Vehicle. 

SEC. 220. LIMITATION ON VXX HELICOPTER PROGRAM. 

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

made available pursuant to the authorization of appropriations in 

section 201 for the VXX executive helicopter program, not more than 

75 percent may be obligated for system development and demonstration of the VXX helicopter until the Secretary of the Navy submits 

to Congress an event-driven acquisition strategy for Increment Two 

of the program that includes the completion of at least one phase 

of operational testing on production representative test vehicles before the initiation of aircraft production. That acquisition strategy 

shall be developed by the Secretary working the with the Director 

of Operational Test and Evaluation of the Department of Defense. 

(a) REPORT.—Not later than March 15, 2006, the Secretary of 

the Navy shall submit to the congressional defense committees a report setting forth in detail the acquisition strategy referred to in 

subsection (a). The report shall, at a minimum, include the following: 

(1) A list of the critical technologies required for the production and operation of Increment Two aircraft for the VXX 

executive helicopter program. 

(2) A schedule that accepts no more than moderate risk in 

either cost or schedule for the demonstration and test of each 

critical technology listed pursuant to paragraph (1). 

(3) A description of the event-based decision points and associated decision criteria that will occur before the initiation of 

production of Increment Two aircraft. 

(4) A description of a proposed operational evaluation using 

production representative test vehicles to occur before the initiation of production of Increment Two aircraft. 

(5) An evaluation of the acquisition strategy for Increment 

Two aircraft detailed in the report provided by the Director of 

Operational Test and Evaluation of the Department of Defense. 

SEC. 221. REPORT ON TESTING OF INTERNET PROTOCOL VERSION 6. 

(a) ADDITIONAL PLAN ELEMENT.—Subsection (b) of section 331 

of the Ronald W. Reagan National Defense Authorization Act for 

Fiscal Year 2005 (Public Law 108–375; 118 Stat. 1850) is amended 

by adding at the end the following new paragraph: 

‘‘(5) A certification by the Chairman of the Joint Chiefs of 

Staff that the conversion of Department of Defense networks to 

Internet Protocol version 6 will provide equivalent or better performance and capabilities than that which would be provided 

by any other combination of available technologies or protocols.’’. (b) OFFICIAL RESPONSIBLE FOR OVERSIGHT OF TEST AND EVAL- UATION PLAN.—Such section is further amended— (1) by redesignating subsection (d) as subsection (e); and 

(2) by inserting after subsection (c) the following new subsection (d): 


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‘‘(d) OFFICIAL RESPONSIBLE FOR OVERSIGHT OF TEST AND EVAL- UATION PLAN.—The Secretary of Defense shall designate the Director of Operational Test and Evaluation of the Department of Defense as the official responsible within the Department of Defense for 

oversight and direction of the test and evaluation plan under this 

section and for approval of the master test and evaluation plan 

under this section.’’. (c) ANNUAL REPORT.—Subsection (e) of such section (as redesignated by subsection (b)(1)) is amended to read as follows: ‘‘(e) REPORTS.— ‘‘(1) Not later than June 30, 2006, the Secretary of Defense 

shall submit to the congressional defense committees a report 

containing the transition plan under subsection (a), updated to 

the time of the submission of the report. ‘‘(2) For each of fiscal years 2006 through 2008, the Secretary of Defense shall, not later than the end of that fiscal 

year, submit to the congressional defense committees a report on 

the testing and evaluation carried out pursuant to subsection 

(c).’’. 

Subtitle C—Missile Defense Programs 

SEC. 231. REPORT ON CAPABILITIES AND COSTS FOR OPERATIONAL 

BOOST/ASCENT-PHASE MISSILE DEFENSE SYSTEMS. 

(a) SECRETARY OF DEFENSE ASSESSMENT.—The Secretary of 

Defense shall conduct an assessment of the United States missile defense programs that are designed to provide capability against 

threat ballistic missiles in the boost/ascent phase of flight. 

(b) PURPOSE.—The purpose of the assessment shall be to compare and contrast—

(1) capabilities of those programs (if operational) to defeat, 

while in the boost/ascent phase of flight, ballistic missiles 

launched from North Korea or a location in the Middle East 

against the continental United States, Alaska, or Hawaii; and 

(2) asset requirements and costs for those programs to become operational with the capabilities referred to in paragraph 

(1). 

(c) REPORT.—Not later than October 1, 2006, the Secretary shall 

submit to Congress a report providing the results of the assessment. 

SEC. 232. ONE-YEAR EXTENSION OF COMPTROLLER GENERAL ASSESSMENTS OF BALLISTIC MISSILE DEFENSE PROGRAMS. 

(a) EXTENSION.—Section 232(g) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 

2431 note) is amended—

(1) in paragraph (1), by striking ‘‘through 2006’’ and inserting ‘‘through 2007’’; and 

(2) in paragraph (2), by striking ‘‘through 2007’’ and inserting ‘‘through 2008’’. (b) MODIFICATION OF SUBMITTAL DATE.—Paragraph (2) of such 

section is further amended by striking ‘‘February 15’’ and inserting ‘‘March 15’’. 

SEC. 233. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES. 

Upon approval by the Secretary of Defense, funds authorized to 

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opment, test, and evaluation for the Missile Defense Agency may be 

used for the development and fielding of ballistic missile defense capabilities. 

SEC. 234. PLANS FOR TEST AND EVALUATION OF OPERATIONAL CAPABILITY OF THE BALLISTIC MISSILE DEFENSE SYSTEM. 

(a) TEST AND EVALUATION PLANS FOR BLOCKS.—

(1) PLANS REQUIRED.—With respect to block 06 and each 

subsequent block of the Ballistic Missile Defense System, the appropriate joint and service operational test and evaluation components of the Department of Defense concerned with the block 

shall prepare a plan, appropriate for the level of technological 

maturity of the block, to test, evaluate, and characterize the 

operational capability of the block. 

(2) CONSULTATION AND REVIEW.—The preparation of each 

plan under this subsection shall be—

(A) carried out in coordination with the Missile Defense 

Agency; and 

(B) subject to the review and approval of the Director 

of Operational Test and Evaluation. 

(b) REPORTS ON TEST AND EVALUATION OF BLOCKS.—At the 

conclusion of the test and evaluation of block 06 and each subsequent block of the Ballistic Missile Defense System, the Director of 

Operational Test and Evaluation shall submit to the Secretary of 

Defense and the congressional defense committees a report providing—

(1) the assessment of the Director as to whether or not the 

test and evaluation was adequate to evaluate the operational 

capability of the block; and 

(2) the characterization of the Director as to the operational 

effectiveness, suitability, and survivability of the block, as appropriate for the level of technological maturity of the block tested. 

Subtitle D—High-Performance Defense 

Manufacturing Technology Research and 

Development 

SEC. 241. PILOT PROGRAM FOR IDENTIFICATION AND TRANSITION OF 

ADVANCED MANUFACTURING PROCESSES AND TECHNOLOGIES. 

(a) PILOT PROGRAM REQUIRED.—The Under Secretary of Defense for Acquisition, Technology, and Logistics shall conduct a 

pilot program under the authority of section 2521 of title 10, United 

States Code, to identify and transition advanced manufacturing 

processes and technologies the utilization of which would achieve 

significant productivity and efficiency gains in the defense manufacturing base. 

(b) CONSIDERATION OF DEFENSE PRIORITIES.—In carrying out 

subsection (a), the Under Secretary shall take into consideration the 

defense priorities established in the most current Joint Warfighting 

Science and Technology plan, as required under section 270 of the 

National Defense Authorization Act for Fiscal Year 1997 (Public 

Law 104–201; 10 U.S.C. 2501 note). 


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(c) IDENTIFICATION FOR TRANSITION.—In identifying manufacturing processes and technologies for transition to the defense manufacturing base under the pilot program, the Under Secretary shall 

select the most promising transformational technologies and manufacturing processes, in consultation with the Director of Defense Research and Engineering, the Joint Defense Manufacturing Technology Panel, and other such entities as may be appropriate, including the Director of the Small Business Innovation Research Program. 

SEC. 242. TRANSITION OF TRANSFORMATIONAL MANUFACTURING 

PROCESSES AND TECHNOLOGIES TO DEFENSE MANUFACTURING BASE. 

(a) PROTOTYPES AND TEST BEDS.—The Under Secretary of Defense for Acquisition, Technology, and Logistics shall undertake the 

development of prototypes and test beds to validate the manufacturing processes and technologies selected for transition under the 

pilot program under section 241. 

(b) DIFFUSION OF ENHANCEMENTS.—The Under Secretary shall 

seek the cooperation of industry in adopting such manufacturing 

processes and technologies through the following: 

(1) The Manufacturing Extension Partnership Program. 

(2) The identification of incentives for industry to incorporate and utilize such manufacturing processes and technologies. 

SEC. 243. MANUFACTURING TECHNOLOGY STRATEGIES. 

(a) IN GENERAL.—The Under Secretary of Defense for Acquisition, Technology, and Logistics may—

(1) identify an area of technology where the development of 

an industry-prepared roadmap for new manufacturing and 

technology processes applicable to defense manufacturing requirements would be beneficial to the Department of Defense; 

and 

(2) establish a task force, and act in cooperation, with the 

private sector to map the strategy for the development of manufacturing processes and technologies needed to support technology development in the area identified under paragraph (1). 

(b) COMMENCEMENT OF ROADMAPPING.—The Under Secretary 

shall commence any roadmapping identified pursuant to subsection 

(a)(1) not later than January 2007. 

SEC. 244. REPORT. 

(a) IN GENERAL.—Not later than December 31, 2007, the Under 

Secretary of the Defense for Acquisition, Technology, and Logistics 

shall submit to the congressional defense committees a report on the 

actions undertaken by the Under Secretary under this subtitle during fiscal year 2006. 

(b) ELEMENTS.—The report under subsection (a) shall include—

(1) a comprehensive description of the actions undertaken 

under this subtitle during fiscal year 2006; 

(2) an assessment of effectiveness of such actions in enhancing research and development on manufacturing technologies 

and processes, and the implementation of such within the defense manufacturing base; and 

(3) such recommendations as the Under Secretary considers 

appropriate for additional actions to be undertaken in order to 


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increase the effectiveness of the actions undertaken under this 

subtitle in enhancing manufacturing activities within the defense manufacturing base. 

SEC. 245. DEFINITIONS. 

In this subtitle: 

(1) DEFENSE MANUFACTURING BASE.—The term ‘‘defense 

manufacturing base’’ includes any supplier of the Department of 

Defense, including a supplier of raw materials. 

(2) MANUFACTURING EXTENSION PARTNERSHIP PROGRAM.—

The term ‘‘Manufacturing Extension Partnership Program’’

means the Manufacturing Extension Partnership Program of 

the Department of Commerce. 

(3) SMALL BUSINESS INNOVATION RESEARCH PROGRAM.— The term ‘‘Small Business Innovation Research Program’’ has 

the meaning given that term in section 2500(11) of title 10, 

United States Code. 

Subtitle E—Other Matters 

SEC. 251. COMPTROLLER GENERAL REPORT ON PROGRAM ELEMENT 

STRUCTURE FOR RESEARCH, DEVELOPMENT, TEST, AND 

EVALUATION PROJECTS. 

(a) REPORT REQUIRED.—The Comptroller General shall prepare 

a report containing assessments of—

(1) the current program element structure and content used 

to account for projects carried out, or proposed to be carried out, 

using amounts for research, development, test, and evaluation 

activities; and 

(2) the effectiveness of such program elements, and related 

budget justification materials, in providing necessary information for budget transparency and oversight by the congressional 

defense committees. 

(b) RECOMMENDATIONS.—The report required by subsection (a) 

shall also include such recommendations as the Comptroller General considers to be appropriate regarding program element size and 

content, budget justification material content, and appropriate reprogramming authorities within and between program elements, 

particularly in connection with highly complex research and development programs that employ the system-of-systems concept. 

(c) SUBMISSION.— The report required by subsection (a) shall be 

submitted to the congressional defense committees not later than 

February 1, 2007. 

SEC. 252. RESEARCH AND DEVELOPMENT EFFORTS FOR PURPOSES OF 

SMALL BUSINESS RESEARCH. 

(a) IN GENERAL.—Section 9 of the Small Business Act (15 

U.S.C. 638) is amended by adding at the end the following new subsections: 

‘‘(x) RESEARCH AND DEVELOPMENT FOCUS.— ‘‘(1) REVISION AND UPDATE OF CRITERIA AND PROCEDURES

OF IDENTIFICATION.—In carrying out subsection (g), the Secretary of Defense shall, not less often than once every 4 years, 

revise and update the criteria and procedures utilized to identify areas of the research and development efforts of the Department of Defense which are suitable for the provision of funds 


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under the Small Business Innovation Research Program and 

the Small Business Technology Transfer Program. ‘‘(2) UTILIZATION OF PLANS.—The criteria and procedures 

described in paragraph (1) shall be developed through the use 

of the most current versions of the following plans: ‘‘(A) The Joint Warfighting Science and Technology 

Plan required under section 270 of the National Defense 

Authorization Act for Fiscal Year 1997 (Public Law 104– 201; 10 U.S.C. 2501 note). ‘‘(B) The Defense Technology Area Plan of the Department of Defense. ‘‘(C) The Basic Research Plan of the Department of Defense. 

‘‘(3) INPUT IN IDENTIFICATION OF AREAS OF EFFORT.—The 

criteria and procedures described in paragraph (1) shall include input in the identification of areas of research and development efforts described in that paragraph from Department of 

Defense program managers (PMs) and program executive officers (PEOs). 

‘‘(y) COMMERCIALIZATION PILOT PROGRAM.—

‘‘(1) IN GENERAL.—The Secretary of Defense and the Secretary of each military department is authorized to create and 

administer a ‘Commercialization Pilot Program’ to accelerate 

the transition of technologies, products, and services developed 

under the Small Business Innovation Research Program to 

Phase III, including the acquisition process. ‘‘(2) IDENTIFICATION OF RESEARCH PROGRAMS FOR ACCELER- ATED TRANSITION TO ACQUISITION PROCESS.—In carrying out 

the Commercialization Pilot Program, the Secretary of Defense 

and the Secretary of each military department shall identify research programs of the Small Business Innovation Research 

Program that have the potential for rapid transitioning to 

Phase III and into the acquisition process. ‘‘(3) LIMITATION.—No research program may be identified 

under paragraph (2) unless the Secretary of the military department concerned certifies in writing that the successful transition 

of the program to Phase III and into the acquisition process is 

expected to meet high priority military requirements of such 

military department. 

‘‘(4) FUNDING.—For payment of expenses incurred to administer the Commercialization Pilot Program under this subsection, the Secretary of Defense and each Secretary of a military department is authorized to use not more than an amount 

equal to 1 percent of the funds available to the Department of 

Defense or the military department pursuant to the Small Business Innovation Research Program. Such funds—

‘‘(A) shall not be subject to the limitations on the use 

of funds in subsection (f)(2); and 

‘‘(B) shall not be used to make Phase III awards. ‘‘(5) EVALUATIVE REPORT.—At the end of each fiscal year, 

the Secretary of Defense shall submit to the Committee on 

Armed Services and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Armed 

Services and the Committee on Small Business of the House of 

Representatives an evaluative report regarding activities under 


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the Commercialization Pilot Program. The report shall include—

‘‘(A) an accounting of the funds used in the Commercialization Pilot Program; 

‘‘(B) a detailed description of the Commercialization 

Pilot Program, including incentives and activities undertaken by acquisition program managers, program executive 

officers, and prime contractors; and 

‘‘(C) a detailed compilation of results achieved by the 

Commercialization Pilot Program, including the number of 

small business concerns assisted and the number of projects 

commercialized. 

‘‘(6) SUNSET.—The pilot program under this subsection 

shall terminate at the end of fiscal year 2009.’’. 

(b) IMPLEMENTATION OF EXECUTIVE ORDER 13329.—Section 9 

of the Small Business Act (15 U.S.C. 638), as amended by subsection (a), is further amended—

(1) in subsection (b)—

(A) in paragraph (6), by striking ‘‘and’’ at the end; 

(B) in paragraph (7), by striking the period at the end 

and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(8) to provide for and fully implement the tenets of Executive Order 13329 (Encouraging Innovation in Manufacturing).’’; 

(2) in subsection (g)—

(A) in paragraph (9), by striking ‘‘and’’ at the end; 

(B) in paragraph (10), by striking the period at the end 

and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(11) provide for and fully implement the tenets of Executive Order 13329 (Encouraging Innovation in Manufacturing).’’; 

and 

(3) in subsection (o)—

(A) in paragraph (14), by striking ‘‘and’’ at the end; 

(B) in paragraph (15), by striking the period at the end 

and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(16) provide for and fully implement the tenets of Executive Order 13329 (Encouraging Innovation in Manufacturing).’’. 

(c) TESTING AND EVALUATION AUTHORITY.—Section 9(e) of the 

Small Business Act (15 U.S.C. 638(e)) is amended—

(1) in paragraph (7), by striking ‘‘and’’ at the end; 

(2) in paragraph (8), by striking the period at the end and 

inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(9) the term ‘commercial applications’ shall not be construed to exclude testing and evaluation of products, services, or 

technologies for use in technical or weapons systems, and further, awards for testing and evaluation of products, services, or 

technologies for use in technical or weapons systems may be 

made in either the second or the third phase of the Small Business Innovation Research Program and of the Small Business 

Technology Transfer Program, as defined in this subsection.’’. 


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SEC. 253. REVISED REQUIREMENTS RELATING TO SUBMISSION OF 

JOINT WARFIGHTING SCIENCE AND TECHNOLOGY PLAN. 

(a) BIENNIAL SUBMITTAL.—Section 270 of the National Defense 

Authorization Act for Fiscal Year 1997 (Public Law 104–201; 10 

U.S.C. 2501 note) is amended—

(1) by striking ‘‘ANNUAL’’ in the section heading and inserting ‘‘BIENNIAL’’; and 

(2) by striking ‘‘(a) ANNUAL PLAN REQUIRED.—On March 1 

of each year’’ and inserting ‘‘Not later than March 1 of each 

even-numbered year’’. 

(b) REPEAL OF REQUIREMENT FOR INCLUSION OF TECHNOLOGY

AREA REVIEW AND ASSESSMENT SUMMARIES WITH JWSTP.—Subsection (b) of such section is repealed. 

(c) REQUIREMENT FOR SEPARATE REPORTS ON TECHNOLOGY

AREA REVIEW AND ASSESSMENT SUMMARIES.—Whenever the Secretary of Defense provides for the conduct of a study referred to as 

a Technology Area Review and Assessment, the Secretary shall, not 

later than March 1 of the year following the year in which that 

study is conducted, submit to the congressional defense committees 

a report containing a summary of each such Technology Area Review and Assessment conducted during that year. 

SEC. 254. REPORT ON EFFICIENCY OF NAVAL SHIPBUILDING INDUSTRY. 

(a) ASSESSMENT OF EFFICIENCY OF NAVAL SHIPBUILDING INDUSTRY.—

(1) ASSESSMENT REQUIRED.—The Secretary of the Navy 

shall conduct an assessment of the United States naval shipbuilding industry to determine how worldwide shipbuilding industry best practices for innovation, design, and production 

technologies, processes, and infrastructure could be adopted to 

improve efficiency in the following areas: 

(A) Program design, engineering, and production engineering. 

(B) Organization and operating systems. 

(C) Steelwork production. 

(D) Ship construction and outfitting. 

(2) CONTENTS OF ASSESSMENT.—The assessment under 

paragraph (1) shall include the following: 

(A) An identification of any best practice of the worldwide shipbuilding industry that the United States naval 

shipbuilding industry has not adopted, the adoption of 

which would lower construction costs. 

(B) The estimated cost of adopting any best practice 

identified under subparagraph (A) and any estimated return on an investment made by a shipyard to adopt such 

a best practice. 

(C) Any recommendation of the Secretary to increase 

the efficiency of the United States naval shipbuilding industry. 

(3) RELATION TO INDEPENDENT NAVY SHIP CONSTRUCTION

ASSESSMENT.—The assessment under paragraph (1) shall occur 

subsequent to, and take into consideration the results of, the 

study of the cost effectiveness of the ship construction program 

of the Navy required by section 1014 of the Ronald W. Reagan 


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National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2041). 

(b) REPORT.—Not later than April 1, 2006, the Secretary of the 

Navy shall submit to the congressional defense committees a report 

containing the Secretary’s findings and conclusions based on the assessment under subsection (a). 

SEC. 255. TECHNOLOGY TRANSITION. 

(a) CLARIFICATION OF DUTIES OF TECHNOLOGY TRANSITION

COUNCIL.—Paragraph (2) of section 2359a(g) of title 10, United 

States Code, is amended to read as follows: 

‘‘(2) The duty of the Council shall be to support the Under Secretary of Defense for Acquisition, Technology, and Logistics in developing policies to facilitate the rapid transition of technologies from 

science and technology programs into acquisition programs of the 

Department of Defense.’’. 

(b) REPORT ON TECHNOLOGY TRANSITION.—

(1) REPORT REQUIRED.—The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the 

Committee on Armed Services of the House of Representatives 

a report concerning the challenges associated with technology 

transition from the science and technology programs of the Department of Defense to the acquisition programs of the Department of Defense. The Secretary shall include in the report a 

strategy to address those challenges. The Secretary shall prepare the report working through the Technology Transition 

Council of the Department of Defense established under section 

2359a(g) of title 10, United States Code. 

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

the following: 

(A) A description of any internal organizational barriers within the Department to technology transition between the technology development, acquisition, and operations components of the Department. 

(B) An assessment of the effect of Department acquisition regulations on technology transition. 

(C) An assessment of the effects of the requirements 

validation process and the planning, programming, budgeting, and execution processes of the Department on technology transition. 

(D) A description of other challenges associated with 

technology transition in the Department that are identified 

by the Secretary. 

(E) A Department-wide strategy for pursuing technology transition. 

(F) Such recommendations as the Secretary considers 

appropriate to eliminate internal barriers within the Department to technology transition. 

(3) SUBMITTAL DATE.—The report under paragraph (1) 

shall be submitted not later than nine months after the date of 

the enactment of this Act. 

SEC. 256. PREVENTION, MITIGATION, AND TREATMENT OF BLAST INJURIES. 

(a) DESIGNATION OF EXECUTIVE AGENT.—The Secretary of Defense shall designate an executive agent to be responsible for coordiVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00075 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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nating and managing the medical research efforts and programs of 

the Department of Defense relating to the prevention, mitigation, 

and treatment of blast injuries. 

(b) GENERAL RESPONSIBILITIES.—The executive agent designated under subsection (a) shall be responsible for— (1) planning for the medical research and development 

projects, diagnostic and field treatment programs, and patient 

tracking and monitoring activities within the Department that 

relate to combat blast injuries; 

(2) efficient execution of such projects, programs, and activities; 

(3) enabling the sharing of blast injury health hazards and 

survivability data collected through such projects, programs, 

and activities with the programs of the Department of Defense; 

(4) working with the Director, Defense Research and Engineering and the Secretaries of the military departments to ensure resources are adequate to also meet non-medical requirements related to blast injury prevention, mitigation, and treatment; and 

(5) ensuring that a joint combat trauma registry is established and maintained for the purposes of collection and analysis of contemporary combat casualties, including casualties 

with traumatic brain injury. 

(c) MEDICAL RESEARCH EFFORTS.— (1) IN GENERAL.—The executive agent designated under 

subsection (a) shall review and assess the adequacy of medical 

research efforts of the Department of Defense as of the date of 

the enactment of this Act relating to the following: 

(A) The characterization of blast effects leading to injury, including the injury potential of blasts in various environments. 

(B) Medical technologies and protocols to more accurately detect and diagnose blast injuries, including improved discrimination between traumatic brain injuries 

and mental health disorders. 

(C) Enhanced treatment of blast injuries in the field. 

(D) Integrated treatment approaches for members of the 

Armed Forces who have a combination of traumatic brain 

injuries and mental health disorders or other injuries. 

(E) Such other blast injury matters as the executive 

agent considers appropriate. 

(2) REQUIREMENTS FOR RESEARCH EFFORTS.—Based on the 

assessment under paragraph (1), the executive agent shall establish requirements for medical research efforts described in 

that paragraph in order to enhance and accelerate those research efforts. 

(3) OVERSIGHT OF RESEARCH EFFORTS.—The executive 

agent shall establish, coordinate, and oversee Department-wide 

medical research efforts relating to the prevention, mitigation, 

and treatment of blast injuries, as necessary, to fulfill requirements established under paragraph (2). 

(d) OTHER RELATED RESEARCH EFFORTS.—The Director, Defense Research and Engineering, in coordination with the executive 

agent designated under subsection (a) and the Director of the Joint 

IED Defeat Task Force, shall—


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49 

(1) review and assess the adequacy of current research efforts of the Department on the prevention and mitigation of 

blast injuries; 

(2) based on subsection (c)(1), establish requirements for 

further research; and 

(3) address any deficiencies identified in paragraphs (1) 

and (2) by establishing, coordinating, and overseeing Department-wide research and development initiatives on the prevention and mitigation of blast injuries, including explosive detection and defeat and personnel and vehicle blast protection. 

(e) STUDIES.—The executive agent designated under subsection 

(a) shall conduct studies on the prevention, mitigation, and treatment of blast injuries, including— (1) studies to improve the clinical evaluation and treatment 

approach for blast injuries, with an emphasis on traumatic 

brain injuries and other consequences of blast injury, including 

acoustic and eye injuries and injuries resulting from over-pressure wave; 

(2) studies on the incidence of traumatic brain injuries attributable to blast injury in soldiers returning from combat; 

(3) studies to develop protocols for medical tracking of 

members of the Armed Forces for up to five years following 

blast injuries; and 

(4) studies to refine and improve educational interventions 

for blast injury survivors and their families. 

(f) TRAINING.—The executive agent designated under subsection 

(a), in coordination with the Director of the Joint IED Defeat Task 

Force, shall develop training protocols for medical and non-medical 

personnel on the prevention, mitigation, and treatment of blast injuries. Those protocols shall be intended to improve field and clinical 

training on early identification of blast injury consequences, both 

seen and unseen, including traumatic brain injuries, acoustic injuries, and internal injuries. 

(g) INFORMATION SHARING.—The executive agent designated 

under subsection (a) shall make available the results of relevant 

medical research and development projects and studies to—

(1) Department of Defense programs focused on—

(A) promoting the exchange of blast health hazards 

data with blast characterization data and blast modeling 

and simulation tools; and 

(B) encouraging the incorporation of blast hazards 

data into design and operational features of blast detection, 

mitigation, and defeat capabilities, such as comprehensive 

armor systems which provide blast, ballistic, and fire protection for the head, neck, ears, eyes, torso, and extremities; 

and 

(2) traumatic brain injury treatment programs to enhance 

the evaluation and care of members of the Armed Forces with 

traumatic brain injuries in medical facilities in the United 

States and in deployed medical facilities, including those outside the Department of Defense. 

(h) REPORTS ON BLAST INJURY MATTERS.— (1) REPORTS REQUIRED.—Not later than 270 days after the 

date of the enactment of this Act, and annually thereafter 

through 2008, the Secretary of Defense shall submit to the ComVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00077 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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mittee on Armed Services of the Senate and the Committee on 

Armed Services of the House of Representatives a report on the 

efforts and programs of the Department of Defense relating to 

the prevention, mitigation, and treatment of blast injuries. 

(2) ELEMENTS.—Each report under paragraph (1) shall include the following: 

(A) A description of the activities undertaken under 

this section during the two years preceding the report to improve the prevention, mitigation, and treatment of blast injuries. 

(B) A consolidated budget presentation for Department 

of Defense biomedical research efforts and studies related to 

blast injury for the two fiscal years following the year of the 

report. 

(C) A description of any gaps in the capabilities of the 

Department and any plans to address such gaps within 

biomedical research related to blast injury, blast injury diagnostic and treatment programs, and blast injury tracking 

and monitoring activities. 

(D) A description of collaboration, if any, with other 

departments and agencies of the Federal Government, and 

with other countries, during the two years preceding the report in efforts for the prevention, mitigation, and treatment 

of blast injuries. 

(E) A description of any efforts during the two years 

preceding the report to disseminate findings on the diagnosis and treatment of blast injuries through civilian and 

military research and medical communities. 

(F) A description of the status of efforts during the two 

years preceding the report to incorporate blast injury effects 

data into appropriate programs of the Department of Defense and into the development of comprehensive force protection systems that are effective in confronting blast, ballistic, and fire threats. 

(i) DEADLINE FOR DESIGNATION OF EXECUTIVE AGENT.—The 

Secretary shall make the designation required by subsection (a) not 

later than 90 days after the date of the enactment of this Act. 

(j) BLAST INJURIES DEFINED.—In this section, the term ‘‘blast 

injuries’’ means injuries that occur as the result of the detonation 

of high explosives, including vehicle-borne and person-borne explosive devices, rocket-propelled grenades, and improvised explosive devices. 

(k) EXECUTIVE AGENT DEFINED.—In this section, the term ‘‘executive agent’’ has the meaning provided such term in Department of 

Defense Directive 5101.1. 

SEC. 257. MODIFICATION OF REQUIREMENTS FOR ANNUAL REPORT ON 

DARPA PROGRAM TO AWARD CASH PRIZES FOR ADVANCED TECHNOLOGY ACHIEVEMENTS. 

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

is amended to read as follows: 

‘‘(e) ANNUAL REPORT.—(1) Not later than March 1 each year, 

the Secretary shall submit to the Committees on Armed Services of 

the Senate and the House of Representatives a report on the activities undertaken by the Director of the Defense Advanced Research 


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51 

Projects Agency during the preceding fiscal year under the authority 

of this section. 

‘‘(2) The report for a fiscal year under this subsection shall include the following: 

‘‘(A) The results of consultations between the Director and 

officials of the military departments regarding the areas of research, technology development, or prototype development for 

which prizes would be awarded under the program under this 

section. 

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

established under the program, including the areas of research, 

technology development, or prototype development to be promoted by such competitions and the relationship of such areas 

to the military missions of the Department. 

‘‘(C) The total amount of cash prizes awarded under the 

program, including a description of the manner in which the 

amounts of cash prizes awarded and claimed were allocated 

among the accounts of the Defense Advanced Research Projects 

Agency for recording as obligations and expenditures. 

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

of submissions under the program, together with an assessment 

of the effectiveness of such methods. 

‘‘(E) A description of the resources, including personnel and 

funding, used in the execution of the program, together with a 

detailed description of the activities for which such resources 

were used. 

‘‘(F) A description of any plans to transition the technologies or prototypes developed as a result of the program into 

acquisition programs of the Department.’’. 

SEC. 258. DESIGNATION OF FACILITIES AND RESOURCES CONSTITUTING THE MAJOR RANGE AND TEST FACILITY BASE. 

(a) DEPARTMENT OF DEFENSE TEST RESOURCE MANAGEMENT

CENTER.—Section 196(h) of title 10, United States Code, is amended 

by striking ‘‘Director of Operational Test and Evaluation’’ and inserting ‘‘Secretary of Defense’’. 

(b) INSTITUTIONAL FUNDING OF TEST AND EVALUATION ACTIVITIES.—Section 232(b)(1) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 

2490) is amended by striking ‘‘Director of Operational Test and 

Evaluation’’ and inserting ‘‘Secretary of Defense’’. 

SEC. 259. REPORT ON COOPERATION BETWEEN DEPARTMENT OF DEFENSE AND NATIONAL AERONAUTICS AND SPACE ADMINISTRATION ON RESEARCH, DEVELOPMENT, TEST, AND 

EVALUATION ACTIVITIES. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense and the Administrator of the National Aeronautics and Space Administration 

shall jointly submit to Congress a report setting forth the recommendations of the Secretary and the Administrator regarding cooperative activities between the Department of Defense and the National Aeronautics and Space Administration related to research, 

development, test, and evaluation on areas of mutual interest to the 

Department and the Administration. 


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(b) AREAS COVERED.—The areas of mutual interest to the Department of Defense and the National Aeronautics and Space Administration referred to in subsection (a) may include the following: 

(1) Aeronautics research. 

(2) Facilities, personnel, and support infrastructure. 

(3) Propulsion and power technologies. 

(4) Space access and operations, including responsive 

launch and small satellite development. 

SEC. 260. DELAYED EFFECTIVE DATE FOR LIMITATION ON PROCUREMENT OF SYSTEMS NOT GPS-EQUIPPED. 

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

Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2281 

note) is amended by striking ‘‘After September 30, 2005’’ and inserting ‘‘After September 30, 2007’’. (b) RATIFICATION OF ACTIONS.—The amendment made by subsection (a) shall be deemed to have taken effect at the close of September 30, 2005, and any obligation or expenditure of funds by the 

Department of Defense during the period beginning on October 1, 

2005, and ending on the date of the enactment of this Act to modify 

or procure a Department of Defense aircraft, ship, armored vehicle, 

or indirect-fire weapon system that is not equipped with a Global 

Positioning System receiver is hereby ratified with respect to the 

provision of law specified in subsection (a). 

SEC. 261. REPORT ON DEVELOPMENT AND USE OF ROBOTICS AND UNMANNED GROUND VEHICLE SYSTEMS. 

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

date of the enactment of this Act, the Under Secretary of Defense for 

Acquisition, Technology, and Logistics shall submit to the congressional defense committees a report on the development and utilization of robotics and unmanned ground vehicle systems by the Department of Defense. 

(b) ELEMENTS.—The report required by subsection (a) shall include the following: 

(1) A description of the utilization of robotics and unmanned ground vehicle systems in current military operations. 

(2) A description of the manner in which the development 

of robotics and unmanned ground vehicle systems capabilities 

supports current major acquisition programs of the Department 

of Defense. 

(3) A description, including budget estimates, of all Department programs and activities on robotics and unmanned 

ground vehicle systems for fiscal years 2004 through 2012, including the Joint Robotics Program and other programs and 

activities relating to research, development, test and evaluation, 

procurement, and operation and maintenance. 

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

strategy of the Department on technology for the development 

and integration of new robotics and unmanned ground vehicle 

systems capabilities in support of Department missions. 

(5) A description of any planned demonstration or experimentation activities of the Department that will support the development and deployment of robotics and unmanned ground 

vehicle systems by the Department. 

(6) A statement of the Department organizations currently 

participating in the development of new robotics or unmanned 


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ground vehicle systems capabilities, including the specific missions of each such organization in such efforts. 

(7) A description of the activities of the Department to collaborate with industry, academia, and other government and 

nongovernmental organizations in the development of new capabilities in robotics and unmanned ground vehicle systems. 

(8) An assessment of the short-term and long-term ability 

of the industrial base of the United States to support the production of robotics and unmanned ground vehicle systems to 

meet Department requirements. 

(9) An assessment of the progress being made to achieve the 

goal established by section 220(a)(2) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–38) 

that, by 2015, one-third of operational ground combat vehicles 

be unmanned. 

(10) An assessment of international research, technology, 

and military capabilities in robotics and unmanned ground vehicle systems. 

(11) A description of the role and placement of the Joint 

Robotics Program in the Department. 

(12) A description of the mechanisms of the Department for 

coordinating pre-systems development and demonstration funding for robotics and unmanned ground vehicle systems. 

TITLE III—OPERATION AND 

MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Sec. 302. Working capital funds. 

Sec. 303. Other Department of Defense programs. 

Subtitle B—Environmental Provisions 

Sec. 311. Elimination and simplification of certain items required in the annual report on environmental quality programs and other environmental activities. 

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

Subtitle C—Workplace and Depot Issues 

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

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

through Navy working capital fund to direct funding. 

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

Sec. 324. Sense of Congress regarding depot maintenance. 

Subtitle D—Extension of Program Authorities 

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

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

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

Subtitle E—Outsourcing 

Sec. 341. Public-private competition. 

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

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


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

Subtitle F—Analysis, Strategies, and Reports 

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

and other materiel. 

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

and facilities recapitalization. 

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

supporting brigades. 

Sec. 354. Report regarding effect on military readiness of undocumented immigrants 

trespassing upon operational ranges. 

Sec. 355. Report regarding management of Army lodging. 

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

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

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

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

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

transition, and reconstruction operations. 

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

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

Subtitle G—Other Matters 

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

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

equipment scheduled for retirement or disposal. 

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

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

Coast Guard. 

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

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

within Department of Defense. 

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

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

Freedom and Operation Iraqi Freedom. 

Subtitle H—Utah Test and Training Range 

Sec. 381. Definitions. 

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

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

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

Sec. 385. Relation to other lands. 

Subtitle A—Authorization of 

Appropriations 

SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

Funds are hereby authorized to be appropriated for fiscal year 

2006 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows: 

(1) For the Army, $24,686,295,000. 

(2) For the Navy, $30,538,089,000. 

(3) For the Marine Corps, $3,809,526,000. 

(4) For the Air Force, $31,117,136,000. 

(5) For Defense-wide activities, $18,550,169,000. 

(6) For the Army Reserve, $1,992,542,000. 


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(7) For the Navy Reserve, $1,237,295,000. 

(8) For the Marine Corps Reserve, $198,034,000. 

(9) For the Air Force Reserve, $2,487,786,000. 

(10) For the Army National Guard, $4,478,319,000. 

(11) For the Air National Guard, $4,701,991,000. 

(12) For the United States Court of Appeals for the Armed 

Forces, $11,236,000. 

(13) For Environmental Restoration, Army, $407,865,000. 

(14) For Environmental Restoration, Navy, $305,275,000. 

(15) For Environmental Restoration, Air Force, 

$406,461,000. 

(16) For Environmental Restoration, Defense-wide, 

$28,167,000. 

(17) For Environmental Restoration, Formerly Used Defense Sites, $261,921,000. 

(18) For Overseas Humanitarian, Disaster, and Civic Aid 

programs, $61,546,000. 

(19) For Cooperative Threat Reduction programs, 

$415,459,000. 

(20) For the Overseas Contingency Operations Transfer 

Fund, $20,000,000. 

SEC. 302. WORKING CAPITAL FUNDS. 

Funds are hereby authorized to be appropriated for fiscal year 

2006 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working 

capital and revolving funds in amounts as follows: 

(1) For the Defense Working Capital Funds, $316,340,000. 

(2) For the National Defense Sealift Fund, $1,657,717,000. 

(3) For the Defense Working Capital Fund, Defense Commissary, $1,155,000,000. 

SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

(a) DEFENSE HEALTH PROGRAM.—Funds are hereby authorized 

to be appropriated for the Department of Defense for fiscal year 

2006 for expenses, not otherwise provided for, for the Defense Health 

Program, in the amount of $19,892,594,000, of which—

(1) $19,348,119,000 is for Operation and Maintenance; 

(2) $169,156,000 is for Research, Development, Test, and 

Evaluation; and 

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

(b) CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.—

(1) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for the Department of Defense for 

fiscal year 2006 for expenses, not otherwise provided for, for 

Chemical Agents and Munitions Destruction, Defense, in the 

amount of $1,425,827,000, of which—

(A) $1,241,514,000 is for Operation and Maintenance; 

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

and Evaluation; and 

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

(2) USE.—Amounts authorized to be appropriated under 

paragraph (1) are authorized for—


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(A) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of 

Defense Authorization Act, 1986 (50 U.S.C. 1521); and 

(B) the destruction of chemical warfare materiel of the 

United States that is not covered by section 1412 of such 

Act. 

(c) DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DE- FENSE-WIDE.—Funds are hereby authorized to be appropriated for 

the Department of Defense for fiscal year 2006 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the amount of $901,741,000. 

(d) DEFENSE INSPECTOR GENERAL.—Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 

2006 for expenses, not otherwise provided for, for the Office of the 

Inspector General of the Department of Defense, in the amount of 

$209,687,000, of which—

(1) $208,687,000 is for Operation and Maintenance; and 

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

Subtitle B—Environmental Provisions 

SEC. 311. ELIMINATION AND SIMPLIFICATION OF CERTAIN ITEMS REQUIRED IN THE ANNUAL REPORT ON ENVIRONMENTAL 

QUALITY PROGRAMS AND OTHER ENVIRONMENTAL ACTIVITIES. 

Section 2706(b)(2) of title 10, United States Code, is amended— (1) by striking subparagraphs (D) and (E); 

(2) by inserting after subparagraph (C) the following new 

subparagraph: ‘‘(D) A summary of fines and penalties imposed or assessed 

against the Department of Defense and the military departments under Federal, State, or local environmental laws during 

the fiscal year in which the report is submitted and the four 

preceding fiscal years, which summary shall include—

‘‘(i) a trend analysis of such fines and penalties for 

military installations inside and outside the United States; 

and 

‘‘(ii) a list of such fines or penalties that exceeded 

$1,000,000 and the provisions of law under which such 

fines or penalties were imposed or assessed.’’; and 

(3) by redesignating subparagraph (F) as subparagraph (E) 

and, in such subparagraph, by striking ‘‘and amounts for conferences’’ and all that follows through ‘‘such activities’’. 

SEC. 312. PAYMENT OF CERTAIN PRIVATE CLEANUP COSTS IN CONNECTION WITH DEFENSE ENVIRONMENTAL RESTORATION 

PROGRAM. 

(a) ACTIVITIES AT FORMER DEFENSE PROPERTY SUBJECT TO

COVENANT FOR ADDITIONAL REMEDIAL ACTION.—Section 2701(d) of 

title 10, United States Code, is amended—

(1) in paragraph (1)—

(A) by inserting ‘‘any owner of covenant property,’’ after 

‘‘any Indian tribe,’’; and 

(B) by inserting ‘‘owner,’’ after ‘‘, Indian tribe,’’; 

(2) in paragraph (3), by adding at the end the following 

new sentence: ‘‘An agreement under such paragraph with reVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00084 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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spect to a site also may not change the cleanup standards selected for the site pursuant to law.’’; 

(3) in paragraph (4), by adding at the end the following 

new subparagraph: 

‘‘(C) The term ‘owner of covenant property’ means an 

owner of property subject to a covenant provided by the 

United States in accordance with the requirements of paragraphs (3) and (4) of section 120(h) of CERCLA (42 U.S.C. 

9620(h)), so long as the covenant property is the site at 

which the services procured under paragraph (1) are to be 

performed.’’; and 

(4) by adding at the end the following new paragraph: 

‘‘(5) SAVINGS CLAUSE.—Nothing in this subsection affects 

the applicability of section 120 of CERCLA (42 U.S.C. 6920) to 

the Department of Defense or the obligations and responsibilities of the Department of Defense under subsection (h) of such 

section.’’. 

(b) SOURCE OF FUNDS FOR FORMER BRAC PROPERTY SUBJECT

TO COVENANT FOR ADDITIONAL REMEDIAL ACTION.—Section 2703 of 

such title is amended—

(1) in subsection (g)(1), by striking ‘‘The sole source’’ and 

inserting ‘‘Except as provided in subsection (h), the sole source’’; 

and 

(2) by adding at the end the following new subsection: 

‘‘(h) SOLE SOURCE OF FUNDS FOR ENVIRONMENTAL REMEDIATION AT CERTAIN BASE REALIGNMENT AND CLOSURE SITES.—In 

the case of property disposed of pursuant to a base closure law and 

subject to a covenant that was required to be provided by paragraphs (3) and (4) of section 120(h) of CERCLA (42 U.S.C. 9620(h)), 

the sole source of funds for services procured under subsection 

2701(d)(1) of this title shall be the applicable Department of Defense 

base closure account. The limitation in this subsection shall expire 

upon the closure of the applicable base closure account.’’. 

Subtitle C—Workplace and Depot Issues 

SEC. 321. MODIFICATION OF AUTHORITY OF ARMY WORKING-CAPITAL 

FUNDED FACILITIES TO ENGAGE IN COOPERATIVE ACTIVITIES WITH NON-ARMY ENTITIES. 

(a) APPLICABILITY OF SUNSET.—Subsection (j) of section 4544 of 

title 10, United States Code, is amended by striking ‘‘September 30, 

2009,’’ and all that follows through the end and inserting ‘‘September 30, 2009.’’. 

(b) CREDITING OF PROCEEDS OF SALE OF ARTICLES AND SERVICES.—Such section is further amended—

(1) in subsection (d), by striking ‘‘subsection (e)’’ and inserting ‘‘subsection (f)’’; 

(2) by redesignating subsections (e), (f), (g), (h), (i), and (j) 

as subsections (f), (g), (h), (i), (j), and (k) respectively; 

(3) by inserting after subsection (d) the following new subsection (e): 

‘‘(e) PROCEEDS CREDITED TO WORKING CAPITAL FUND.—The 

proceeds received from the sale of an article or service pursuant to 

a contract or other cooperative arrangement under this section shall 


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be credited to the working capital fund that incurs the cost of manufacturing the article or performing the service.’’; and 

(4) in subsection (g), as redesignated by paragraph (2), by 

striking ‘‘subsection (e)’’ and inserting ‘‘subsection (f)’’. 

SEC. 322. LIMITATION ON TRANSITION OF FUNDING FOR EAST COAST 

SHIPYARDS FROM FUNDING THROUGH NAVY WORKING 

CAPITAL FUND TO DIRECT FUNDING. 

(a) LIMITATION.—The Secretary of the Navy may not convert 

funding for the shipyards of the Navy on the east coast of the 

United States from funding through the working capital fund of the 

Navy to funding on a direct basis (also known as ‘‘mission funding’’) before October 1, 2006. 

(b) REPORT ON DIRECT FUNDING FOR PUGET SOUND NAVAL

SHIPYARD.—

(1) REPORT REQUIRED.—Not later than March 1, 2006, the 

Secretary shall submit to the congressional defense committees 

a report that contains the assessment of the Secretary on the effects on Puget Sound Naval Shipyard, Washington, of the conversion of that shipyard from funding through the working capital fund of the Navy to funding on a direct basis. 

(2) MATTERS TO BE INCLUDED.—The report under paragraph (1) shall address the effect of the conversion of Puget 

Sound Naval Shipyard to direct funding on each of the following: 

(A) The cost visibility of specific work performed. 

(B) The total cost of consolidated ship maintenance operations on an ongoing basis. 

(C) The ability to distinguish between depot and intermediate work of consolidated ship maintenance activities. 

(D) The costs associated with buyout expenses for the 

transfer of the shipyards of the Navy on the east coast of 

the United States from funding through the working capital fund of the Navy to funding on a direct basis. 

(E) The flexibility of the shipyard to continue routine 

ship maintenance operations during a potential funding 

gap at the beginning of a fiscal year or when expected 

maintenance costs exceed annual appropriations. 

(F) Operational and financial flexibility and responsiveness of funding on a direct basis compared to funding 

through the working capital fund of the Navy. 

(G) Long-term funding for the capital improvement 

programs of the shipyard. 

(H) Compliance with section 2460 of title 10, United 

States Code, which defines the work that is considered to 

be depot-level maintenance and repair versus work that is 

considered to be a major modification of a weapons system. 

(I) Compliance with section 2466 of title 10, United 

States Code, which limits the amount of depot-level maintenance and repair workload of the Department of Navy that 

is performed by non-Federal Government personnel in any 

fiscal year to not more than 50 percent of the total depot 

workload reported to the Department in that fiscal year. 

(J) Compliance with sections 1115 and 1116 of title 31, 

United States Code, which require agencies to set annual 


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performance goals, measure performance toward the 

achievement of those goals, and publicly report on progress. 

(K) Compliance with chapter 35 of title 31, United 

States Code, which requires audited financial statements to 

include the ability to properly charge and account for reimbursable workload. 

(3) GOVERNMENT ACCOUNTABILITY OFFICE REVIEW.—Not 

later than 60 days after the date on which the report required 

under paragraph (1) is submitted, the Comptroller General 

shall submit to the congressional defense committees a review 

of the report, which shall include the Comptroller General’s assessment of whether the report adequately addresses each of the 

matters specified under paragraph (2). 

(c) REPORT ON PROPOSED CONGRESSIONAL BUDGET EXHIBITS

FOR NAVY MISSION-FUNDED SHIPYARDS.—

(1) REPORT REQUIRED.—Not later than March 1, 2006, the 

Secretary shall submit to the congressional defense committees 

a report that proposes congressional budget exhibits for use in 

connection with the funding of Navy shipyards on a direct 

basis. 

(2) MATTERS TO BE INCLUDED.—The report under paragraph (1) shall comprehensively address the following: 

(A) The establishment of annual categories, metrics, 

and measurements to objectively compare the performance 

of each shipyard over time with respect to the following: 

(i) Schedule adherence. 

(ii) Quality of work. 

(iii) Cost management. 

(iv) Administrative efficiency. 

(v) Number of hulls for which repairs are completed during the fiscal year. 

(vi) Number of hulls that are in the process of 

being repaired at the end of the fiscal year. 

(B) Capital replenishment for each shipyard. 

(C) Workload indicators to determine whether each 

shipyard is effectively utilized. 

(D) Annual budget management reports to enable effective monitoring of each shipyard with respect to the following: 

(i) Obligation authority from Department of the 

Navy accounts, including operation and maintenance 

funds for the Atlantic Fleet, the Pacific Fleet, and the 

Naval Sea Systems Command and procurement funds 

for the Navy shipbuilding and conversion account and 

the other procurement accounts. 

(ii) Obligation authority provided by reimbursement from non-Department of the Navy sources, including other Department of Defense accounts, foreign 

military sales accounts, other Federal Government 

agency accounts, and non-Federal Government sources. 

(iii) Costs and expenses of military personnel, civilian personnel, materiels, contracts, travel, supplies, 

overhead, and other costs. 

(iv) Capital expenditures. 

(v) Military construction. 


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(vi) Base operating support. 

(vii) Facilities sustainment, restoration, and modernization. 

(viii) Personnel and labor management, including 

military end strengths, civilian end strengths, military 

man-days, and civilian man-days. 

(3) CONGRESSIONAL BUDGET OFFICE REVIEW.—Not later 

than 60 days after the date on which the report required under 

paragraph (1) is submitted, the Director of the Congressional 

Budget Office shall submit to the congressional defense committees a review of the report, which shall include the Director’s assessment of whether the report comprehensively addresses each 

of the matters specified in subparagraphs (A) through (D) of 

paragraph (2). 

SEC. 323. ARMAMENT RETOOLING AND MANUFACTURING SUPPORT 

INITIATIVE MATTERS. 

(a) INCLUSION OF ADDITIONAL FACILITIES WITHIN ARMS INITIATIVE.—Section 4551(2) of title 10, United States Code, is amended by inserting ‘‘, or a Government-owned, contractor-operated depot 

for the storage, maintenance, renovation, or demilitarization of ammunition,’’ after ‘‘manufacturing facility’’. 

(b) ADDITIONAL CONSIDERATION FOR USE OF FACILITIES.—Section 4554(b)(2) of such title is amended by adding at the end the 

following new subparagraph: 

‘‘(D) The demilitarization and storage of conventional ammunition.’’. 

(c) ADDITIONAL POLICY OBJECTIVES WITH RESPECT TO AMMUNITION FACILITIES AND CAPACITY.—Section 4552 of such title is 

amended in paragraphs (1) and (8) by inserting ‘‘, storage, maintenance, renovation, and demilitarization’’ after ‘‘manufacturing’’. 

(d) BROADENING OF PURPOSE OF ARMS INITIATIVE WITH RESPECT TO WORK FORCE SKILLS.—Section 4533(b)(3) of such title is 

amended by striking ‘‘in manufacturing processes that are’’. 

SEC. 324. SENSE OF CONGRESS REGARDING DEPOT MAINTENANCE. 

(a) FINDINGS.—Congress finds the following: 

(1) The Depot Maintenance Strategy and Master Plan of 

the Air Force reflects the essential requirements for the Air 

Force to maintain a ready and controlled source of organic technical competence, thereby ensuring an effective and timely response to national defense contingencies and emergency requirements. 

(2) Since the publication of the Depot Maintenance Strategy 

and Master Plan of the Air Force in 2002, the Air Force has 

made great progress toward modernizing all three of its depots, 

in order to maintain the status of those depots as ‘‘world class’’

maintenance repair and overhaul operations. 

(3) One of the central components of the Depot Maintenance 

Strategy and Master Plan of the Air Force is the commitment 

of the Air Force to allocate $150,000,000 each fiscal year for six 

years, beginning in fiscal year 2004, for recapitalization and investment, including the procurement of technologically advanced facilities and equipment, of the Nation’s three Air Force 

depots. 


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(4) The funds expended to date have ensured that transformation projects, such as the initial implementation of ‘‘Lean’’

and ‘‘Six Sigma’’ production techniques, have achieved great 

success in reducing the time necessary to perform depot maintenance on aircraft. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that—

(1) the Air Force should be commended for the implementation of its Depot Maintenance Strategy and Master Plan and, 

in particular, meeting the capital investment strategy pursuant 

to the Plan; and 

(2) the Air Force should remain committed to the depot 

maintenance process improvement initiatives and the investments and recapitalization projects pursuant to the Depot 

Maintenance Strategy and Master Plan. 

Subtitle D—Extension of Program 

Authorities 

SEC. 331. EXTENSION OF AUTHORITY TO PROVIDE LOGISTICS SUPPORT AND SERVICES FOR WEAPONS SYSTEMS CONTRACTORS. 

Section 365(g)(1) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2521; 

10 U.S.C. 2302 note) is amended by striking ‘‘September 30, 2007’’

and inserting ‘‘September 30, 2010’’. 

SEC. 332. EXTENSION OF PERIOD FOR REIMBURSEMENT FOR CERTAIN 

PROTECTIVE, SAFETY, OR HEALTH EQUIPMENT PURCHASED BY OR FOR MEMBERS OF THE ARMED FORCES DEPLOYED IN CONTINGENCY OPERATIONS. 

(a) EXTENSION.—Section 351(a)(3) of the Ronald W. Reagan 

National Defense Authorization Act for Fiscal Year 2005 (Public 

Law 108–375; 118 Stat. 1857) is amended by striking ‘‘July 31, 

2004’’ and inserting ‘‘April 1, 2006’’. 

(b) FUNDING.—Amounts for reimbursements made under section 

351 of the Ronald W. Reagan National Defense Authorization Act 

for Fiscal Year 2005 after the date of the enactment of this Act shall 

be derived from supplemental appropriations for the Department of 

Defense for fiscal year 2006 for military operations in Iraq and Afghanistan and the Global War on Terrorism, contingent upon such 

appropriations being enacted. 

Subtitle E—Outsourcing 

SEC. 341. PUBLIC-PRIVATE COMPETITION. 

(a) PUBLIC-PRIVATE COMPETITION REQUIRED PRIOR TO CONVERSION OF CERTAIN DEPARTMENT OF DEFENSE FUNCTIONS.—Subsection (a) of section 2461 of title 10, United States Code, is amended to read as follows: 

‘‘(a) PUBLIC-PRIVATE COMPETITION.—(1) A function of the Department of Defense performed by 10 or more Department of Defense 

civilian employees may not be converted, in whole or in part, to performance by a contractor unless the conversion is based on the results of a public-private competition that—


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‘‘(A) formally compares the cost of performance of the function by Department of Defense civilian employees with the cost 

of performance by a contractor; 

‘‘(B) creates an agency tender, including a most efficient organization plan, in accordance with Office of Management and 

Budget Circular A–76, as implemented on May 29, 2003; 

‘‘(C) includes the issuance of a solicitation; 

‘‘(D) determines whether the submitted offers meet the needs 

of the Department of Defense with respect to factors other than 

cost, including quality and reliability; 

‘‘(E) examines the cost of performance of the function by Department of Defense civilian employees and the cost of performance of the function by one or more contractors to demonstrate 

whether converting to performance by a contractor will result in 

savings to the Government over the life of the contract, including—

‘‘(i) the estimated cost to the Government (based on offers received) for performance of the function by a contractor; 

‘‘(ii) the estimated cost to the Government for performance of the function by Department of Defense civilian employees; and 

‘‘(iii) an estimate of all other costs and expenditures 

that the Government would incur because of the award of 

such a contract; 

‘‘(F) requires continued performance of the function by Department of Defense civilian employees unless the difference in 

the cost of performance of the function by a contractor compared 

to the cost of performance of the function by Department of Defense civilian employees would, over all performance periods required by the solicitation, be equal to or exceed the lesser of—

‘‘(i) 10 percent of the personnel-related costs for performance of that function in the agency tender; or 

‘‘(ii) $10,000,000; and 

‘‘(G) examines the effect of performance of the function by 

a contractor on the military mission associated with the performance of the function. 

‘‘(2) A function that is performed by the Department of Defense 

and is reengineered, reorganized, modernized, upgraded, expanded, 

or changed to become more efficient, but still essentially provides the 

same service, shall not be considered a new requirement. 

‘‘(3) In no case may a function being performed by Department 

of Defense personnel be—

‘‘(A) modified, reorganized, divided, or in any way changed 

for the purpose of exempting the conversion of the function from 

the requirements of this section; or 

‘‘(B) converted to performance by a contractor to circumvent 

a civilian personnel ceiling.’’. 

(b) CONGRESSIONAL NOTIFICATION.—Subsection (b) of such section is amended—

(1) in paragraph (1)—

(A) by striking ‘‘to analyze’’ and all that follows 

through ‘‘private sector’’ and inserting ‘‘a public-private 

competition under subsection (a)’’; 


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(B) in subparagraph (A), by striking ‘‘to be analyzed for 

possible change’’ and inserting ‘‘for which such public-private competition is to be conducted’’; 

(C) in subparagraph (C), by inserting ‘‘Department of 

Defense’’ before ‘‘civilian employee’’; 

(D) in subparagraph (D), by striking ‘‘the analysis’’ both places it appears and inserting ‘‘the public-private 

competition’’; and 

(E) in subparagraph (E)— (i) by striking ‘‘commercial or industrial type’’ before ‘‘function’’; and 

(ii) by striking ‘‘persons who are not civilian employees of the Department of Defense’’ and inserting ‘‘a 

contractor’’; 

(2) by striking paragraphs (2) and (3) and inserting the following new paragraph (2): 

‘‘(2) The report required under paragraph (1) shall include an 

examination the potential economic effect of performance of the function by a contractor on— ‘‘(A) Department of Defense civilian employees who would 

be affected by such a conversion in performance; and ‘‘(B) the local community and the Government, if more than 

50 Department of Defense civilian employees perform the function.’’; 

(3) by redesignating paragraph (4) as paragraph (3); and 

(4) in paragraph (3), as so redesignated— (A) in subparagraph (A)— (i) by striking ‘‘where a commercial’’ and all that 

follows through ‘‘performance’’ and inserting ‘‘where a 

public-private competition is conducted’’; and 

(ii) by striking ‘‘the analysis’’ both places it appears and inserting ‘‘the public private competition’’; 

and 

(B) in subparagraph (B), by striking ‘‘the commercial’’

and all that follows through ‘‘to which objected’’ and inserting ‘‘the function for which the public-private competition 

was conducted for which the objection was submitted’’. 

(c) CONSOLIDATION AND RESTATEMENT OF REPORTING PROVI- SIONS.—(1) CONSOLIDATION AND RESTATEMENT.—Section 2462 of 

such title is amended to read as follows: 

‘‘§ 2462. Reports on public-private competition 

‘‘(a) REPORT ON PUBLIC-PRIVATE COMPETITION RESULTS.—(1) 

Upon the completion of a public-private competition under section 

2461 of this title, the Secretary of Defense shall submit to Congress 

a report containing the results of the public-private competition required by subsection (a) of such section. 

‘‘(2) Each report under this subsection shall include the following: ‘‘(A) The date on which the public-private competition was 

commenced. ‘‘(B) The number of Department of Defense civilian employees who were performing the function when the public-private 

competition was commenced and the number of such employees 


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whose employment was or will be terminated or otherwise affected by converting to performance of the function by a contractor or by implementation of the most efficient organization 

of the function. 

‘‘(C) The Secretary’s certification that the Government’s calculation of the cost of performance of the function by Department of Defense civilian employees is based on an estimate of 

the most cost effective manner for performance of the function 

by Department of Defense civilian employees that meets the 

needs of the Department with respect to factors other than cost, 

including quality and reliability. 

‘‘(D) The Secretary’s certification that the public-private 

competition did not include any predetermined personnel constraint or limitation in terms of man years, end strength, fulltime equivalent positions, or maximum number of employees. 

‘‘(E) The Secretary’s certification that the entire public-private competition is available for examination. 

‘‘(F) In the case of a function performed at a Center of Industrial and Technical Excellence designated under section 

2474(a) of this title or an Army ammunition plant, a description of the effect that the manner of performance of the function, 

and administration of the resulting contract if any, will have 

on the overhead costs of the center or ammunition plant, as the 

case may be. 

‘‘(G) A schedule for implementing the results of the publicprivate competition. 

‘‘(3)(A) No decision made on the basis of a public-private competition under section 2461 of this title may be implemented until 

after the submission of a report under paragraph (1). 

‘‘(B) Notwithstanding subparagraph (A), in the case of function 

performed at a Center of Industrial and Technical Excellence designated under section 2474(a) of this title or an Army ammunition 

plant, the conversion of the function to performance by a contractor 

may not begin until at least 60 days after the submission of a report 

under paragraph (1). 

‘‘(b) ANNUAL REPORT.—Not later than June 30 of each year, the 

Secretary of Defense shall submit to Congress a written report, 

which shall include the following: 

‘‘(1) An estimate of the percentage of functions (other than 

functions that are inherently governmental) that Department of 

Defense civilian employees will perform and an estimate of the 

percentage of such functions that contractors will perform during the fiscal year during which the report is submitted. 

‘‘(2) The results of public-private competitions conducted 

under section 2461 of this title that were completed during the 

preceding fiscal year, including each of the following: 

‘‘(A) The number of such competitions completed during such fiscal year and the number of Department of Defense civilian employees performing functions for which 

such a competition was conducted. 

‘‘(B) The percentage of such competitions that resulted 

in the continued performance of a function by Department 

of Defense civilian employees. 


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‘‘(C) The percentage of such competitions that resulted 

in the conversion of a function to performance by a contractor. ‘‘(D) The percentage of the Department of Defense civilian employees identified pursuant to subparagraph (A) 

whose positions will be converted to performance by contractors or eliminated as a result of implementing the results of such competitions. 

‘‘(3) The results of monitoring the performance of Department functions under section 2461a of this title, including for 

each function subject to monitoring, each of the following: ‘‘(A) The cost of the public-private competition conducted under section 2461 of this title. ‘‘(B) The cost of performing the function before such 

competition compared to the costs incurred after implementing the conversion, reorganization, or reengineering 

actions recommended pursuant to the competition. ‘‘(C) The actual savings derived from the implementation of the recommendations made pursuant to such competition, if any, compared to the anticipated savings that 

were to result from the conversion, reorganization, or reengineering actions.’’. (2) WAIVER FOR SMALL FUNCTIONS AND CONFORMING

AMENDMENTS.—Section 2461 of such title, as amended by subsections (a) and (b), is further amended— (A) by striking subsections (c), (d), (f) and (g); and 

(B) by redesignating subsections (e) and (h) as subsections (c) and (d) respectively. 

(3) CORRECTION OF TERMINOLOGY.—The heading for subsection (c) of such section, as redesignated by paragraph (2), is 

amended by striking ‘‘WAIVER’’ and inserting ‘‘EXEMPTION’’. (d) PERFORMANCE MONITORING.—Section 2461a of such title is 

amended—

(1) by striking subsections (a), (c), and (d); 

(2) by redesignating subsections (b) and (e) as subsections 

(a) and (b) respectively; 

(3) in subsection (a), as so redesignated— (A) in paragraph (1)— (i) by striking ‘‘establish a system for monitoring’’ and inserting ‘‘monitor’’; and 

(ii) by striking ‘‘a workforce review’’ and inserting ‘‘a public-private competition conducted under section 

2461 of this title’’; 

(B) in paragraph (2), by striking all and inserting the 

following: ‘‘(2) In carrying out paragraph (1), the Secretary shall— ‘‘(A) compare the cost of performing the function before the 

public-private competition to the cost of performing the function 

after the implementation of the results of the public-private 

competition; and 

‘‘(B) identify any actual savings of the Department of Defense after the implementation of the results of the public-private competition and compare such savings to the estimated 

savings identified pursuant to section 2461(a)(1)(E) of this title 

for that public-private competition;’’; and 


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(C) in paragraph (3), by inserting ‘‘pursuant to such a 

public-private competition’’ after ‘‘reengineering of the function’’; and 

(4) in subsection (b), as so redesignated, by striking ‘‘workforce reviews’’ and inserting ‘‘public-private competitions conducted under section 2461 of this title’’. (e) INAPPLICABILITY TO BEST-VALUE SOURCE SELECTION PILOT

PROGRAM.—Subsection (a)(1)(E) of section 2461 of title 10, United 

States Code, as amended by subsection (a), shall not apply with respect to the pilot program for best-value source selection for performance of information technology services authorized by section 336 of 

the National Defense Authorization Act for Fiscal Year 2004 (Public 

Law 108–136; 117 Stat. 1444; 10 U.S.C. 2461 note). 

(f) REPEAL OF REDUNDANT PROVISION.—Section 2463 of such 

title is repealed. 

(g) CLERICAL AND CONFORMING AMENDMENTS.— (1) SECTION 2461.—Section 2461(c) of such title, as redesignated by subsection (c), is amended by striking ‘‘Subsections (a) 

through (c) and subsection (g)’’ and inserting ‘‘This section’’. (2) HEADINGS.— (A) 2461.—The heading for section 2461 of such title is 

amended to read as follows: 

‘‘§ 2461. Public-private competition required before conversion to contractor performance’’. 

(B) 2461(b).—The heading for subsection (b) of such 

section is amended to read as follows: ‘‘(b) CONGRESSIONAL NOTIFICATION.—’’. (C) 2461a.—The heading for section 2461a of such title 

is amended to read as follows: 

‘‘§ 2461a. Development and implementation of system for 

monitoring cost saving resulting from public-private competitions’’. 

(3) PUBLIC LAW 108–375.—Section 327 of the Ronald W. 

Reagan National Defense Authorization Act for Fiscal Year 

2005 (Public Law 108–375; 10 U.S.C. 2461 note) is repealed. 

(4) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 146 of title 10, United States Code, is amended 

by striking the items relating to sections 2461 through 2463 and 

inserting the following new items: ‘‘2461. Public-private competition required before conversion to contractor performance. ‘‘2461a. Development and implementation of system for monitoring cost saving resulting from public-private competitions. 

‘‘2462. Reports on public-private competition.’’. 

SEC. 342. CONTRACTING FOR PROCUREMENT OF CERTAIN SUPPLIES 

AND SERVICES. 

Section 8014(a)(3) of the Department of Defense Appropriations 

Act, 2005 (Public law 108–287; 118 Stat. 972) is amended—

(1) in subparagraph (A), by inserting ‘‘, payment that could 

be used in lieu of such a plan, health savings account, or medical savings account’’ after ‘‘health insurance plan’’; and 

(2) in subparagraph (B), by striking ‘‘that requires’’ and all 

that follows through the end and inserting ‘‘that does not comply with the requirements of any Federal law governing the proVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00094 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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vision of health care benefits by Government contractors that 

would be applicable if the contractor performed the activity or 

function under the contract.’’. 

SEC. 343. PERFORMANCE OF CERTAIN WORK BY FEDERAL GOVERNMENT EMPLOYEES. 

(a) GUIDELINES.—

(1) IN GENERAL.—The Secretary of Defense shall prescribe 

guidelines and procedures for ensuring that consideration is 

given to using Federal Government employees for work that is 

currently performed or would otherwise be performed under Department of Defense contracts. 

(2) CRITERIA.—The guidelines and procedures prescribed 

under paragraph (1) shall provide for special consideration to 

be given to contracts that—

(A) have been performed by Federal Government employees at any time on or after October 1, 1980; 

(B) are associated with the performance of inherently 

governmental functions; 

(C) were not awarded on a competitive basis; or 

(D) have been determined by a contracting officer to be 

poorly performed due to excessive costs or inferior quality. 

(b) USE OF FLEXIBLE HIRING AUTHORITY.—The Secretary shall 

include the use of the flexible hiring authority available through the 

National Security Personnel System in order to facilitate performance by Federal Government employees of new requirements and 

work that is performed under Department of Defense contracts. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘National Security Personnel System’’ means 

the human resources management system established under the 

authority of section 9902 of title 5, United States Code. 

(2) The term ‘‘inherently governmental function’’ has the 

meaning given that term in section 5 of the Federal Activities 

Inventory Reform Act of 1998 (Public Law 105–270; 112 Stat. 

2384; 31 U.S.C. 501 note). 

SEC. 344. EXTENSION OF TEMPORARY AUTHORITY FOR CONTRACTOR 

PERFORMANCE OF SECURITY-GUARD FUNCTIONS. 

Section 332(c) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2513) 

is amended—

(1) by striking ‘‘2006’’ each place it appears and inserting 

‘‘2007’’; and 

(2) in paragraph (1), by striking ‘‘, except that’’ and all that 

follows through the end and inserting a period. 

Subtitle F—Analysis, Strategies, and 

Reports 

SEC. 351. REPORT ON DEPARTMENT OF ARMY PROGRAMS FOR 

PREPOSITIONING OF EQUIPMENT AND OTHER MATERIEL. 

(a) SECRETARY OF ARMY ASSESSMENT.—The Secretary of the 

Army shall conduct an assessment of the programs of the Department of Army for the prepositioning of equipment and other materiel stocks. The assessment shall focus on how such programs are 


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configured to support the evolving goals of the Department of Army 

and shall include an identification of each of the following: 

(1) The key operational capabilities currently available in 

both the afloat and ashore prepositioned stocks of the Army, organized by geographic region, including inventory levels in brigade sets, operational projects, and sustainment programs. 

(2) Any significant shortfalls that exist in such stocks, particularly in combat and support equipment, spare parts, and 

munitions, and how the Army would mitigate those shortfalls 

in the event of a new conflict. 

(3) The maintenance condition of prepositioned equipment 

and supplies, especially the key ‘‘pacing’’ items in brigade sets, 

including the percentage currently maintained at the Technical 

Manual -10/20 standard required by the Army. 

(4) The percentage of required cyclic maintenance performed on all stocks for each of fiscal years 2003, 2004, and 

2005, and the quality control procedures used to ensure that 

such maintenance was completed according to Army standards. 

(5) Whether the oversight mechanisms and internal management reports of the Army with respect to such stocks are 

adequate and ensure an accurate portrayal of the readiness of 

such stocks. 

(6) The funding allocated and expended for prepositioning 

programs for each fiscal year beginning with fiscal year 2000, 

organized by region, and an assessment of whether the funding 

levels for such programs have been adequate to maintain program readiness. 

(7) The facilities used to store and maintain brigade sets, 

organized by region, and whether those facilities provide adequate (or excess) capacity for the current and future mission. 

(8) The current funding for the war reserve, the sufficiency 

of the war reserve inventory, and the effect of the war reserve 

on the ability of the Army to conduct operations. 

(b) REPORT.—Not later than March 1, 2006, the Secretary shall 

submit to Congress a report on the assessment under subsection (a). 

The report shall include each of the matters specified in paragraphs 

(1) through (8) of that subsection. 

(c) COMPTROLLER GENERAL REVIEW.—Not later than 120 days 

after the date of the receipt of the report under subsection (b), the 

Comptroller General shall submit to Congress a review of the assessment conducted by the Secretary of the Army under subsection 

(a). The review under this subsection shall include the following: 

(1) The Comptroller General’s assessment of whether the assessment by the Secretary of the Army under subsection (a) comprehensively addresses each of the matters specified in paragraphs (1) through (8) of that subsection. 

(2) The extent to which any shortfall or other issue reported 

by the Secretary of the Army or identified by the Comptroller 

General has been addressed and an assessment of any plan to 

address any remaining such shortfalls in the future. 

SEC. 352. REPORTS ON BUDGET MODELS USED FOR BASE OPERATIONS 

SUPPORT, SUSTAINMENT, AND FACILITIES RECAPITALIZATION. 

(a) REPORTS REQUIRED.—Not later than March 30 of each of 

the calendar years 2006 through 2010, the Secretary of Defense 


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shall submit to the congressional defense committees a report describing the models used to prepare the budget requests for base operations support, sustainment, and facilities recapitalization submitted to Congress by the President under section 1105(a) of title 31, 

United States Code, for the next fiscal year. 

(b) CONTENT OF REPORTS.—The report for a fiscal year under 

subsection (a) shall include the following: 

(1) An explanation of the methodology used to develop each 

model and, if there have been any changes to the methodology 

since the previous report, an explanation of the changes and the 

reasons therefor. 

(2) A description of the items contained in each model. 

(3) An explanation of whether the models are being applied 

to each military department and Defense Agency under common 

definitions of base operations support, sustainment, and facilities recapitalization and, if common definitions are not being 

used, an explanation of the differences and the reasons therefor. 

(4) A description of the requested funding levels for base operations support, sustainment, and facilities recapitalization for 

the fiscal year covered by the report and the funding goals established for base operations support, sustainment, and facilities recapitalization for at least the four succeeding fiscal years. 

(5) If the requested funding levels for base operations support, sustainment, and facilities recapitalization for the fiscal 

year covered by the report deviate from the goals for that fiscal 

year contained in the preceding report, or the funding goals established for succeeding fiscal years deviate from the goals for 

those fiscal years contained in the preceding report, a justification for the funding levels and goals and an explanation of the 

reasons for the changes from the preceding report. 

SEC. 353. ARMY TRAINING STRATEGY FOR BRIGADE-BASED COMBAT 

TEAMS AND FUNCTIONAL SUPPORTING BRIGADES. 

(a) TRAINING STRATEGY.—

(1) STRATEGY REQUIRED.—The Secretary of the Army shall 

develop and implement a strategy for the training of brigadebased combat teams and functional supporting brigades in 

order to ensure the readiness of such teams and brigades. 

(2) ELEMENTS.—The training strategy under paragraph (1) 

shall include the following: 

(A) A statement of the purpose of training for brigadebased combat teams and functional supporting brigades. 

(B) Performance goals for both active-component and 

reserve-component brigade-based combat teams and functional supporting brigades, including goals for live, virtual, 

and constructive training. 

(C) Metrics to quantify training performance against 

the performance goals specified under subparagraph (B). 

(D) A process to report the status of collective training 

to Army leadership for monitoring the training performance 

of brigade-based combat teams and functional supporting 

brigades. 

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

maintenance funding required for each fiscal year to attain 

the performance goals specified under subparagraph (B). 


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(3) TIMING OF IMPLEMENTATION.—The Secretary of the 

Army shall develop and implement the training strategy under 

paragraph (1) as soon as practicable. 

(b) REPORT.—

(1) REPORT REQUIRED.—Not later than one year after the 

date of the enactment of this Act, the Secretary of the Army 

shall submit to the congressional defense committees a report on 

the training strategy developed under subsection (a). 

(2) ELEMENTS.—The report under paragraph (1) shall include the following: 

(A) A discussion of the training strategy developed 

under subsection (a), including a description of the performance goals and metrics developed under that subsection. 

(B) A discussion and description of the training ranges 

and other essential elements required to support the training strategy. 

(C) A list of the funding requirements, shown by fiscal 

year and set forth in a format consistent with the futureyears defense program to accompany the budget of the 

President under section 221 of title 10, United States Code, 

necessary to meet the requirements of the training ranges 

and other essential elements described under subparagraph 

(B). 

(D) A schedule for the implementation of the training 

strategy. 

(c) COMPTROLLER GENERAL REVIEW OF IMPLEMENTATION.—

(1) IN GENERAL.—The Comptroller General shall monitor 

the implementation of the training strategy developed under 

subsection (a). 

(2) REPORT.—Not later than 180 days after the date on 

which the Secretary of the Army submits the report under subsection (b), the Comptroller General shall submit to the congressional defense committees a report containing the assessment of 

the Comptroller General of the current progress of the Army in 

implementing the training strategy. 

SEC. 354. REPORT REGARDING EFFECT ON MILITARY READINESS OF 

UNDOCUMENTED IMMIGRANTS TRESPASSING UPON 

OPERATIONAL RANGES. 

(a) REPORT CONTAINING ASSESSMENT AND RESPONSE PLAN.—

Not later than April 15, 2006, the Secretary of Defense shall submit 

to Congress a report containing—

(1) an assessment of the impact on military readiness 

caused by undocumented immigrants whose entry into the 

United States involves trespassing upon operational ranges of 

the Department of Defense; and 

(2) a plan for the implementation of measures to prevent 

such trespass. 

(b) PREPARATION AND ELEMENTS OF ASSESSMENT.—The assessment required by subsection (a)(1) shall be prepared by the Secretary of Defense. The assessment shall include the following: 

(1) A listing of the operational ranges adversely affected by 

the trespass of undocumented immigrants upon operational 

ranges. 


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(2) A description of the types of range activities affected by 

such trespass. 

(3) A determination of the amount of time lost for range activities, and the increased costs incurred, as a result of such 

trespass. 

(4) An evaluation of the nature and extent of such trespass 

and means of travel. 

(5) An evaluation of the factors that contribute to the use 

by undocumented immigrants of operational ranges as a means 

to enter the United States. 

(6) A description of measures currently in place to prevent 

such trespass, including the use of barriers to vehicles and persons, military patrols, border patrols, and sensors. 

(c) PREPARATION AND ELEMENTS OF PLAN.—The plan required 

by subsection (a)(2) shall be prepared jointly by the Secretary of Defense and the Secretary of Homeland Security. The plan shall include the following: 

(1) The types of measures to be implemented to improve 

prevention of trespass of undocumented immigrants upon operational ranges, including the specific physical methods, such as 

barriers and increased patrols or monitoring, to be implemented 

and any legal or other policy changes recommended by the Secretaries. 

(2) The costs of, and timeline for, implementation of the 

plan. 

(d) IMPLEMENTATION REPORTS.—Not later than September 15, 

2006, March 15, 2007, September 15, 2007, and March 15, 2008, 

the Secretary of Defense shall submit to Congress a report detailing 

the progress made by the Department of Defense, during the period 

covered by the report, in implementing measures recommended in 

the plan required by subsection (a)(2) to prevent undocumented immigrants from trespassing upon operational ranges. Each report 

shall include the number and types of mitigation measures implemented and the success of such measures in preventing such trespass. 

(e) DEFINITIONS.—In this section, the terms ‘‘operational range’’ and ‘‘range activities’’ have the meaning given those terms in section 

101(e) of title 10, United States Code. 

SEC. 355. REPORT REGARDING MANAGEMENT OF ARMY LODGING. 

(a) REPORT ON MERITS AND IMPACTS OF PRIVATIZATION.—The 

Secretary of the Army shall submit to Congress a report containing 

the results of a study evaluating the merits of privatization of Army 

lodging. The study should consider at a minimum the following: 

(1) The potential overall costs and benefits of privatization 

of Army lodging. 

(2) Whether current lodging agreements with the Army and 

Air Force Exchange Service to provide hospitality telecommunication services would be impacted by privatization and whether 

the proposed change will have an impact on funds contributed 

to morale, welfare, and recreation accounts. 

(3) Whether privatization of Army lodging will result in 

significant cost increases to members of the Armed Forces or 

other eligible patrons or the loss of such lodging if it is determined that management of such lodging is not a profitable 

marketing venture. 


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(4) Whether privatization of Army lodging will provide ancillary support facilities and services that might impact the 

Army and Air Force Exchange Service and to what extent such 

facilities and services may impact the funds contributed to morale, welfare, and recreation accounts. 

(5) The number of Army lodging personnel who would be 

impacted by privatization and the total personnel-related costs 

that could occur as a result of privatization. 

(b) ARMY AND AIR FORCE EXCHANGE SERVICE PARTICIPATION IN

PRIVATIZATION.—The Army and Air Force Exchange Service shall 

submit to Congress a report commenting on the feasibility of its participation in privatization of Army lodging. The report should include at a minimum the following: 

(1) The potential overall costs and benefits of an Army and 

Air Force Exchange Service partnership in Army lodging. 

(2) Whether the Army and Air Force Exchange Service can 

adequately participate as a partner in the management of Army 

lodging, including whether such participation could enhance 

the quality of lodging and improve access to such lodging when 

provided through a nonprofit organization versus a partnership 

with a for-profit corporation. 

(3) Whether there are certain benefits, including cost benefits, to having the Army and Air Force Exchange Service become the partner with the Army that would not exist were the 

Army to partner with a private sector entity. 

(4) The number of Army lodging personnel who would be 

impacted by an Army and Air Force Exchange Service partnership and the total personnel related costs that could occur as 

a result of such partnership. 

(c) LIMITATION PENDING SUBMISSION OF REPORT.—Until the 

Secretary of the Army submits the report required by subsection (a) 

to Congress, the Secretary may not solicit or consider any request 

for qualifications that would privatize Army lodging beyond the 

level of privatization identified for inclusion in Group A of the Privatization of Army Lodging Initiative. 

SEC. 356. COMPTROLLER GENERAL REPORT ON CORROSION PREVENTION AND MITIGATION PROGRAMS OF THE DEPARTMENT 

OF DEFENSE. 

(a) REPORT REQUIRED.—Not later than April 1, 2007, the 

Comptroller General shall submit to the congressional defense committees a report on the effectiveness of the corrosion prevention and 

mitigation programs of the Department of Defense. 

(b) ELEMENTS.—The report required by subsection (a) shall include the following: 

(1) An assessment of the document of the Department of Defense entitled ‘‘Long-Term Strategy to Reduce Corrosion and the 

Effects of Corrosion on the Military Equipment and Infrastructure of the Department of Defense’’ and dated November 2004. 

(2) An assessment of the adequacy for purposes of the strategy set forth in that document of the funding requested in the 

budgets of the President for fiscal years 2006 and 2007, as submitted to Congress pursuant to section 1105(a) of title 31, 

United States Code, and the associated Future-Years Defense 

Program under section 221 of title 10, United States Code. 


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(3) An assessment of the adequacy and effectiveness of the 

organizational structure of the Department of Defense in implementing that strategy. 

(4) An assessment of the progress made as of the date of the 

report in establishing throughout the Department common 

metrics, definitions, and procedures on corrosion prevention 

and mitigation. 

(5) An assessment of the progress made as of the date of the 

report in establishing a baseline estimate of the scope of the corrosion problems of the Department. 

(6) An assessment of the extent to which the strategy of the 

Department on corrosion prevention and mitigation has been revised to incorporate the recommendations contained in the report of the Defense Science Board on corrosion control issued in 

October 2004. 

(7) An assessment of the implementation of the corrosion 

prevention and mitigation programs of the Department during 

fiscal year 2006. 

(8) Such recommendations as the Comptroller General considers appropriate for addressing any shortfalls or areas of potential improvement identified in the review for purposes of the 

report. 

SEC. 357. STUDY ON USE OF BIODIESEL AND ETHANOL FUEL. 

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

study on the use of biodiesel and ethanol fuel by the Armed Forces 

and the Defense Agencies and any measures that can be taken to increase such use. 

(b) ELEMENTS.—The study shall include— (1) an evaluation of the historical utilization of biodiesel 

and ethanol fuel by the Armed Forces and the Defense Agencies, 

including the quantity of biodiesel and ethanol fuel acquired by 

the Department of Defense for the Armed Forces and the Defense Agencies during the 5-year period ending on the date of 

the report under subsection (c); 

(2) a review and assessment of potential requirements for 

increased use of biodiesel and ethanol fuel within the Department of Defense and any research and development efforts required to meet those increased requirements; 

(3) based on the review under paragraph (2), a forecast of 

the requirements of the Armed Forces and the Defense Agencies 

for biodiesel and ethanol fuels for each of fiscal years 2007 

through 2012; 

(4) an assessment of the current and future commercial 

availability of biodiesel and ethanol fuel, including facilities for 

the production, storage, transportation, distribution, and commercial sale of such fuel; 

(5) an assessment of the utilization by the Department of 

Defense of the commercial infrastructure for ethanol fuel as described in paragraph (4); 

(6) a review of the actions of the Department of Defense to 

coordinate with State, local, and private entities to support the 

expansion and use of alternative fuel refueling stations that are 

accessible to the public; and 

(7) an assessment of the fueling infrastructure on military 

installations in the United States, including storage and disVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00101 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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tribution facilities, that could be adapted or converted for the 

delivery of biodiesel and ethanol fuel, including— (A) an assessment of cost of the adaptation or conversion of such infrastructure to the delivery of biodiesel and 

ethanol fuel; and 

(B) an assessment of the feasibility and advisability of 

that adaptation or conversion. 

(c) REPORT.—Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on 

Armed Services of the Senate and the Committee on Armed Services 

of the House of Representatives a report on the study conducted 

under this section. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘ethanol fuel’’ means fuel that is 85 percent 

ethyl alcohol. 

(2) The term ‘‘biodiesel’’ means a diesel fuel substitute produced from nonpetroleum renewable resources that meets the 

registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 

211 of the Clean Air Act (42 U.S.C. 7545). 

SEC. 358. REPORT ON EFFECTS OF WINDMILL FARMS ON MILITARY 

READINESS. 

Not later than 120 days after the date of the enactment of this 

Act, the Secretary of Defense shall submit to the Committee on 

Armed Services of the Senate and the Committee on Armed Services 

of the House of Representatives a report on the effects of windmill 

farms on military readiness, including an assessment of the effects 

on the operations of military radar installations of the proximity of 

windmill farms to such installations and of technologies that could 

mitigate any adverse effects on military operations identified. 

SEC. 359. REPORT ON SPACE-AVAILABLE TRAVEL FOR CERTAIN DISABLED VETERANS AND GRAY-AREA RETIREES. 

(a) REPORT REQUIRED.—Not later than one year after the date 

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

to Congress a report on the feasibility of providing transportation on 

Department of Defense aircraft on a space-available basis for— (1) veterans with a service-connected disability rating of 50 

percent or higher; 

(2) members and former members of a reserve component 

under 60 years of age who, but for age, would be eligible for retired pay under chapter 1223 of title 10, United States Code; 

and 

(3) dependents of persons described in paragraph (1) or (2). 

(b) CONSULTATION.—The Secretary of Defense shall prepare the 

report in consultation with the Secretary of Veterans Affairs. 

SEC. 360. REPORT ON JOINT FIELD TRAINING AND EXPERIMENTATION 

ON STABILITY, SECURITY, TRANSITION, AND RECONSTRUCTION OPERATIONS. 

Not later than February 1, 2007, the Secretary of Defense shall 

submit to the congressional defense committees a report on joint 

field training and experimentation conducted to address matters relating to stability, security, transition, and reconstruction operations 

during fiscal years 2005 and 2006. The report shall include—

(1) a description of each such joint field training and experimentation event, including a description of the participation 


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of other Federal departments and agencies and of the participation of allied and coalition partners; 

(2) the findings of the Secretary as a result of such joint 

field training and experimentation; and 

(3) such recommendations as the Secretary considers appropriate in light of such joint field training and experimentation, 

including recommendations with respect to legislative or administrative action and recommendations for any funding required to implement such action. 

SEC. 361. REPORTS ON BUDGETING RELATING TO SUSTAINMENT OF 

KEY MILITARY EQUIPMENT. 

(a) REPORTS REQUIRED.—In each of 2006, 2007, and 2008, at 

or about the time that the budget of the President is submitted to 

Congress that year under section 1105(a) of title 31, United States 

Code, the Secretary of Defense shall submit to Congress a report on 

the budgeting of the Department of Defense for the sustainment of 

key military equipment. 

(b) REPORT ELEMENTS.—The report required by subsection (a) 

for a year shall set forth the following: 

(1) A description of the current strategies of the Department 

of Defense for sustaining key military equipment, and for any 

modernization that will be required of such equipment. 

(2) A description of the amounts required for the Department for the fiscal year beginning in such year in order to fully 

fund the strategies described in paragraph (1). 

(3) A description of the amounts requested for the Department for such fiscal year in order to fully fund such strategies. 

(4) A description of the risks, if any, of failing to fund such 

strategies in the amounts required to fully fund such strategies 

(as specified in paragraph (2)). 

(5) A description of the actions being taken by the Department of Defense to mitigate the risks described in paragraph 

(4). 

(c) KEY MILITARY EQUIPMENT DEFINED.—In this section, the 

term ‘‘key military equipment’’—

(1) means—

(A) major weapons systems that are essential to accomplishing the national defense strategy; and 

(B) other military equipment, such as major command, 

control, communications, computer, intelligence, surveillance, and reconnaissance (C4ISR) equipment, and systems 

designed to prevent fratricide, that is critical to the readiness of military units; and 

(2) includes equipment reviewed in the report of the Comptroller General of the United States numbered GAO–06–141. 

SEC. 362. REPEAL OF AIR FORCE REPORT ON MILITARY INSTALLATION 

ENCROACHMENT ISSUES. 

Section 315 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 

1843) is repealed. 


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Subtitle G—Other Matters 

SEC. 371. SUPERVISION AND MANAGEMENT OF DEFENSE BUSINESS 

TRANSFORMATION AGENCY. 

Section 192 of title 10, United States Code, is amended by adding at the end the following new subsection: 

‘‘(e) SPECIAL RULE FOR DEFENSE BUSINESS TRANSFORMATION

AGENCY.—(1) The Defense Business Transformation Agency shall be 

supervised by the vice chairman of the Defense Business System 

Management Committee. 

‘‘(2) Notwithstanding the results of any periodic review under 

subsection (c) with regard to the Defense Business Transformation 

Agency, the Secretary of Defense shall designate that the Agency be 

managed cooperatively by the Deputy Under Secretary of Defense for 

Business Transformation and the Deputy Under Secretary of Defense for Financial Management.’’. 

SEC. 372. CODIFICATION AND REVISION OF LIMITATION ON MODIFICATION OF MAJOR ITEMS OF EQUIPMENT SCHEDULED FOR 

RETIREMENT OR DISPOSAL. 

(a) IN GENERAL.—Chapter 134 of title 10, United States Code, 

is amended by inserting after section 2244 the following new section: 

‘‘§ 2244a. Equipment scheduled for retirement or disposal: 

limitation on expenditures for modifications 

‘‘(a) PROHIBITION.—Except as otherwise provided in this section, 

the Secretary of a military department may not carry out a modification of an aircraft, weapon, vessel, or other item of equipment 

that the Secretary plans to retire or otherwise dispose of within five 

years after the date on which the modification, if carried out, would 

be completed. 

‘‘(b) EXCEPTIONS.—

‘‘(1) EXCEPTION FOR BELOW-THRESHOLD MODIFICATIONS.—

The prohibition in subsection (a) does not apply to a modification for which the cost is less than $100,000. 

‘‘(2) EXCEPTION FOR TRANSFER OF REUSABLE ITEMS OF

VALUE.—The prohibition in subsection (a) does not apply to a 

modification in a case in which—

‘‘(A) the reusable items of value, as determined by the 

Secretary, installed on the item of equipment as part of 

such modification will, upon the retirement or disposal of 

the item to be modified, be removed from such item of 

equipment, refurbished, and installed on another item of 

equipment; and 

‘‘(B) the cost of such modification (including the cost of 

the removal and refurbishment of reusable items of value 

under subparagraph (A)) is less than $1,000,000. 

‘‘(3) EXCEPTION FOR SAFETY MODIFICATIONS.—The prohibition in subsection (a) does not apply to a safety modification. 

‘‘(c) WAIVER AUTHORITY.—The Secretary concerned may waive 

the prohibition in subsection (a) in the case of any modification otherwise subject to that subsection if the Secretary determines that 

carrying out the modification is in the national security interest of 

the United States. Whenever the Secretary issues such a waiver, the 


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Secretary shall notify the congressional defense committees in writing.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 2244 the following new item: 

‘‘2244a. Equipment scheduled for retirement or disposal: limitation on expenditures 

for modifications.’’. 

(c) CONFORMING REPEAL.—Section 8053 of the Department of 

Defense Appropriations Act, 1998 (Public Law 105–56; 10 U.S.C. 

2241 note) is repealed. 

SEC. 373. LIMITATION ON PURCHASE OF INVESTMENT ITEMS WITH OPERATION AND MAINTENANCE FUNDS. 

(a) LIMITATION ON USE OF OPERATION AND MAINTENANCE

FUNDS.—Chapter 134 of title 10, United States Code, is amended by 

inserting after section 2245 the following new section: 

‘‘§ 2245a. Use of operation and maintenance funds for purchase of investment items: limitation 

‘‘Funds appropriated to the Department of Defense for operation 

and maintenance may not be used to purchase any item (including 

any item to be acquired as a replacement for an item) that has an 

investment item unit cost that is greater than $250,000.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 2245 the following new item: 

‘‘2245a. Use of operation and maintenance funds for purchase of investment items: 

limitation.’’. 

SEC. 374. OPERATION AND USE OF GENERAL GIFT FUNDS OF THE DEPARTMENT OF DEFENSE AND COAST GUARD. 

Section 2601 of title 10, United States Code, is amended to read 

as follows: 

‘‘§ 2601. General gift funds 

‘‘(a) GENERAL AUTHORITY TO ACCEPT GIFTS.—Subject to subsection (d)(2), the Secretary concerned may accept, hold, administer, 

and spend any gift, devise, or bequest of real property, personal 

property, or money made on the condition that the gift, devise, or 

bequest be used for the benefit, or in connection with, the establishment, operation, or maintenance, of a school, hospital, library, museum, cemetery, or other institution or organization under the jurisdiction of the Secretary. 

‘‘(b) ADDITIONAL AUTHORITY TO ACCEPT GIFTS TO BENEFIT CERTAIN MEMBERS, DEPENDENTS, AND CIVILIAN EMPLOYEES.—(1) Subject to subsection (d)(2), the Secretary concerned may accept, hold, 

administer, and spend any gift, devise, or bequest of real property, 

personal property, money, or services made on the condition that the 

gift, devise, or bequest be used for the benefit of—

‘‘(A) members of the armed forces, including members performing full-time National Guard duty under section 502(f) of 

title 32, who incur a wound, injury, or illness while in the line 

of duty; 

‘‘(B) civilian employees of the Department of Defense who 

incur a wound, injury, or illness while in the line of duty; 

‘‘(C) dependents of such members or employees; and 


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‘‘(D) survivors of such members or employees who are 

killed. 

‘‘(2) The Secretary concerned may not accept a gift of services 

from a foreign government or international organization under this 

subsection. A gift of real property, personal property, or money from 

a foreign government or international organization may be accepted 

under this subsection only if the gift is not designated for a specific 

individual. ‘‘(3) The Secretary of Defense shall prescribe regulations specifying the conditions that may be attached to a gift, devise, or bequest accepted under this subsection. ‘‘(4) The authority to accept gifts, devises, or bequests under this 

subsection expires on December 31, 2007. ‘‘(c) GIFT FUNDS.—Gifts and bequests of money, and the proceeds of the sale of property, received under subsection (a) or (b) 

shall be deposited in the Treasury in the following accounts: 

‘‘(1) The Department of the Army General Gift Fund, in the 

case of deposits made by the Secretary of the Army. 

‘‘(2) The Department of the Navy General Gift Fund, in the 

case of deposits made by the Secretary of the Navy. 

‘‘(3) The Department of the Air Force General Gift Fund, in 

the case of deposits made by the Secretary of the Air Force. 

‘‘(4) The Coast Guard General Gift Fund, in the case of deposits made by the Secretary of Homeland Security. 

‘‘(5) The Department of Defense General Gift Fund, in the 

case of deposits made by the Secretary of Defense. 

‘‘(d) USE OF GIFTS; PROHIBITIONS.—(1) Except as provided in 

paragraph (2), property and money accepted under subsection (a) or 

(b) may be used by the Secretary concerned, and services accepted 

under subsection (b) may be performed, without further specific authorization in law. ‘‘(2) Property and money may not be accepted under subsection 

(a) and property, money, and services may not be accepted under 

subsection (b)—

‘‘(A) if the use of the property or money or the performance 

of the services in connection with any program, project, or activity would result in the violation of any prohibition or limitation 

otherwise applicable to such program, project, or activity; 

‘‘(B) if the conditions attached to the property, money, or 

services are inconsistent with applicable law or regulations; 

‘‘(C) if the Secretary concerned determines that the use of 

the property or money or the performance of the services would 

reflect unfavorably on the ability of the Department of Defense 

or the Coast Guard, any employee of the Department or Coast 

Guard, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner; or 

‘‘(D) if the Secretary concerned determines that the use of 

the property or money or the performance of the services would 

compromise the integrity or appearance of integrity of any program of the Department of Defense or Coast Guard, or any individual involved in such a program. 

‘‘(3) The Secretary concerned may disburse funds deposited in 

a gift fund referred to in subsection (c) for the purposes specified in 

subsections (a) and (b), subject to the terms of the gift, devise, or bequest. 


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‘‘(e) PAYMENT OF EXPENSES.—The Secretary concerned may pay 

all necessary expenses in connection with the conveyance or transfer 

of a gift, devise, or bequest accepted under this section. 

‘‘(f) TREATMENT OF GIFTS.—For the purposes of Federal income, 

estate, and gift taxes, any property or money accepted under subsection (a) and any property, money, or services accepted under subsection (b) shall be considered as a gift, devise, or bequest to or for 

the use of the United States. 

‘‘(g) MANAGEMENT OF FUNDS.—In the case of each gift fund referred to in subsection (c), the Secretary of the Treasury, upon the 

request of the Secretary concerned, may retain money, securities, 

and the proceeds of the sale of securities in the gift fund and may 

invest money and reinvest the proceeds of the sale of securities in 

the gift fund in securities of the United States or in securities guaranteed as to principal and interest by the United States. The interest and profits accruing from those securities shall be deposited to 

the credit of the gift fund and may be disbursed as provided in subsection (d). 

‘‘(h) COMPTROLLER GENERAL REVIEW.—The Comptroller General shall make periodic audits of gifts, devises, and bequests accepted under subsection (a) or (b) at such intervals as the Comptroller General determines to be warranted. The Comptroller General shall submit to Congress a report on the results of each such 

audit. 

‘‘(i) DEFINITIONS.—In this section: 

‘‘(1) The term ‘Secretary concerned’ includes the Secretary of 

Defense. 

‘‘(2) The term ‘services’ includes activities that benefit the 

morale, welfare, or recreation of members of the armed forces 

and their dependents or are related or incidental to the conveyance of a gift, devise, or bequest of real property or personal 

property under subsection (a) or (b).’’. 

SEC. 375. INCLUSION OF PACKET BASED TELEPHONY IN DEPARTMENT 

OF DEFENSE TELECOMMUNICATIONS BENEFIT. 

(a) INCLUSION IN BENEFIT.—Subsection (a) of section 344 of the 

National Defense Authorization Act for Fiscal Year 2004 (Public 

Law 108–136; 117 Stat. 1448) is amended by inserting ‘‘packet 

based telephony service,’’ after ‘‘prepaid phone cards,’’. 

(b) INCLUSION OF INTERNET TELEPHONY IN DEPLOYMENT OF

ADDITIONAL TELEPHONE EQUIPMENT.—Subsection (e) of such section 

is amended—

(1) by inserting ‘‘or Internet service’’ after ‘‘additional telephones’’; 

(2) by inserting ‘‘or packet based telephony’’ after ‘‘to facilitate telephone’’; and 

(3) by inserting ‘‘or Internet access’’ after ‘‘installation of 

telephones’’. 

(c) CONFORMING AMENDMENTS.—Such section is further amended—

(1) in the heading for subsection (a), by striking ‘‘PREPAID

PHONE CARDS’’ and inserting ‘‘BENEFIT’’; and 

(2) in the heading for subsection (e), by inserting ‘‘OR

INTERNET ACCESS’’ after ‘‘TELEPHONE EQUIPMENT’’. 


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SEC. 376. LIMITATION ON FINANCIAL MANAGEMENT IMPROVEMENT 

AND AUDIT INITIATIVES WITHIN DEPARTMENT OF DEFENSE. 

(a) LIMITATION.—During fiscal year 2006, the Secretary of Defense may not obligate or expend any funds for the purpose of any 

financial management improvement activity relating to the preparation, processing, or auditing of financial statements until the Secretary submits to the congressional defense committees each of the 

following: 

(1) A comprehensive and integrated financial management 

improvement plan that—

(A) describes specific actions to be taken to correct financial management deficiencies that impair the ability of 

the Department of Defense to prepare timely, reliable, and 

complete financial management information; and 

(B) systematically ties such actions to process and control improvements and business systems modernization efforts described in the business enterprise architecture and 

transition plan required by section 2222 of title 10, United 

States Code. 

(2) A written determination that each financial management improvement activity to be undertaken is—

(A) consistent with the financial management improvement plan submitted pursuant to paragraph (1); and 

(B) likely to improve internal controls or otherwise result in sustained improvements in the ability of the Department to produce timely, reliable, and complete financial 

management information. 

(b) EXCEPTION.—The limitation under subsection (a) shall not 

apply to an activity directed exclusively at assessing the adequacy 

of internal controls and remediating any inadequacy identified pursuant to such an assessment. 

SEC. 377. PROVISION OF WELFARE OF SPECIAL CATEGORY RESIDENTS 

AT NAVAL STATION GUANTANAMO BAY, CUBA. 

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

the general welfare, including subsistence, housing, and health care, 

of any person at Naval Station Guantanamo Bay, Cuba, who is designated by the Secretary, not later than 90 days after the date of 

the enactment of this Act, as a ‘‘special category resident’’. 

(b) PROHIBITION ON CONSTRUCTION OF NEW FACILITIES.—The 

authorization under subsection (a) shall not be construed as an authorization for the construction of a new housing facility or medical 

treatment facility. 

(c) PRIOR USE OF FUNDS.—Any obligation or expenditure of 

funds for the general welfare of any person described in subsection 

(a) before the date of the enactment of this Act is deemed to be not 

subject to the provisions of chapter 13 of title 31, United States 

Code. 

SEC. 378. COMMEMORATION OF SUCCESS OF THE ARMED FORCES IN 

OPERATION ENDURING FREEDOM AND OPERATION IRAQI 

FREEDOM. 

(a) CELEBRATION HONORING MILITARY EFFORTS IN OPERATION

ENDURING FREEDOM AND OPERATION IRAQI FREEDOM.—The President may—


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(1) designate a day of celebration to honor the soldiers, sailors, airmen, and Marines of the Armed Forces who have served 

in Operation Enduring Freedom or Operation Iraqi Freedom 

and have returned to the United States; and 

(2) issue a proclamation calling on the people of the United 

States to observe that day with appropriate ceremonies and activities. 

(b) PARTICIPATION OF ARMED FORCES IN CELEBRATION.—

(1) PARTICIPATION AUTHORIZED.—Members and units of the 

Armed Forces may participate in activities associated with a 

day of celebration designated under subsection (a) that are held 

in Washington, District of Columbia. 

(2) AVAILABILITY OF FUNDS.—Subject to paragraph (4), 

amounts authorized to be appropriated for the Department of 

Defense for fiscal year 2006 may be used to cover costs associated with the participation of members and units of the Armed 

Forces in the activities described in paragraph (1). 

(3) ACCEPTANCE OF PRIVATE CONTRIBUTIONS.—(A) Notwithstanding any other provision of law, the Secretary of Defense 

may accept cash contributions from private individuals and entities for the purposes of covering the costs of the participation 

of members and units of the Armed Forces in the activities described in paragraph (1). Amounts so accepted shall be deposited in an account established for purposes of this paragraph. 

(B) Amounts accepted under subparagraph (A) may be used 

for the purposes described in that subparagraph until expended. 

(4) LIMITATION.—The total amount of funds described in 

paragraph (2) that are available for the purpose set forth in 

that paragraph may not exceed the amount equal to—

(A) $20,000,000, minus 

(B) the amount of any cash contributions accepted by 

the Secretary under paragraph (3). 

(c) AWARD OF RECOGNITION ITEMS.—

(1) AUTHORITY TO AWARD.—Under regulations prescribed 

by the Secretary of Defense, appropriate recognition items may 

be awarded to any individual who served honorably as a member of the Armed Forces in Operation Enduring Freedom or Operation Iraqi Freedom during the Global War on Terrorism. 

The purpose of the award of such items is to recognize the contribution of such individuals to the success of the United States 

in those operations. 

(2) RECOGNITION ITEMS DEFINED.—In this subsection, the 

term ‘‘recognition items’’ means recognition items authorized for 

presentation under section 2261 of title 10, United States Code 

(as added by section 589 of this Act). 

Subtitle H—Utah Test and Training Range 

SEC. 381. DEFINITIONS. 

In this subtitle: 

(1) The term ‘‘covered wilderness’’ means the wilderness 

area designated by this subtitle and wilderness study areas located near lands withdrawn for military use and beneath special use airspace critical to the support of military test and 


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training missions at the Utah Test and Training Range, including the Deep Creek, Fish Springs, Swasey Mountain, Howell 

Peak, Notch Peak, King Top, Wah Wah Mountain, and Conger 

Mountain units designated by the Department of the Interior. 

(2) The term ‘‘Utah Test and Training Range’’ means those 

portions of the military operating area of the Utah Test and 

Training Area located solely in the State of Utah. The term includes the Dugway Proving Ground. 

(3) The term ‘‘Wilderness Act’’ means Public Law 88–577, 

approved September 3, 1964 (16 U.S.C. 1131 et seq.). 

SEC. 382. MILITARY OPERATIONS AND OVERFLIGHTS, UTAH TEST AND 

TRAINING RANGE. 

(a) FINDINGS.—The Congress finds the following: 

(1) The testing and development of military weapons systems and the training of military forces are critical to ensuring 

the national security of the United States. 

(2) The Utah Test and Training Range in the State of Utah 

is a unique and irreplaceable national asset at the core of the 

test and training mission of the Department of Defense. 

(3) The Cedar Mountain Wilderness Area designated by 

section 384, as well as several wilderness study areas, are located near lands withdrawn for military use or are beneath special use airspace critical to the support of military test and 

training missions at the Utah Test and Training Range. 

(4) The Utah Test and Training Range and special use airspace withdrawn for military uses create unique management 

circumstances for the covered wilderness in this subtitle, and it 

is not the intent of Congress that passage of this subtitle shall 

be construed as establishing a precedent with respect to any future national conservation area or wilderness designation. 

(5) Continued access to the special use airspace and lands 

that comprise the Utah Test and Training Range, under the 

terms and conditions described in this subtitle, is a national security priority and is not incompatible with the protection and 

proper management of the natural, environmental, cultural, 

and other resources of such lands. 

(b) OVERFLIGHTS.—Nothing in this subtitle or the Wilderness 

Act shall preclude low-level overflights and operations of military 

aircraft, helicopters, missiles, or unmanned aerial vehicles over the 

covered wilderness, including military overflights and operations 

that can be seen or heard within the covered wilderness. 

(c) SPECIAL USE AIRSPACE AND TRAINING ROUTES.—Nothing in 

this subtitle or the Wilderness Act shall preclude the designation of 

new units of special use airspace, the expansion of existing units of 

special use airspace, or the use or establishment of military training 

routes over the covered wilderness. 

(d) COMMUNICATIONS AND TRACKING SYSTEMS.—Nothing in 

this subtitle shall prevent any required maintenance of existing 

communications, instrumentation, or electronic tracking systems (or 

infrastructure supporting such systems) or prevent the installation 

of new communication, instrumentation, or other equipment necessary for effective testing and training to meet military requirements in wilderness study areas located beneath special use airspace comprising the Utah Test and Training Range, including the 

Deep Creek, Fish Springs, Swasey Mountain, Howell Peak, Notch 


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Peak, King Top, Wah Wah Mountain, and Conger Mountain units 

designated by the Department of Interior, so long as the Secretary 

of the Interior, after consultation with the Secretary of the Air Force, 

determines that the installation and maintenance of such systems, 

when considered both individually and collectively, comply with section 603 of the Federal Land Policy and Management Act of 1976 

(43 U.S.C. 1782). 

(e) EMERGENCY ACCESS AND RESPONSE.—Nothing in this subtitle or the Wilderness Act shall preclude the continuation of the 

memorandum of understanding in existence as of the date of the enactment of this Act between the Department of the Interior and the 

Department of the Air Force with respect to emergency access and 

response. 

(f) PROHIBITION ON GROUND MILITARY OPERATIONS.—Except as 

provided in subsections (d) and (e), nothing in this section shall be 

construed to permit a military operation to be conducted on the 

ground in covered wilderness in the Utah Test and Training Range 

unless such ground operation is otherwise permissible under Federal law and consistent with the Wilderness Act. 

SEC. 383. ANALYSIS OF MILITARY READINESS AND OPERATIONAL IMPACTS IN PLANNING PROCESS FOR FEDERAL LANDS IN 

UTAH TEST AND TRAINING RANGE. 

The Secretary of the Interior shall develop, maintain, and revise 

land use plans pursuant to section 202 of the Federal Land Policy 

and Management Act of 1976 (43 U.S.C. 1712) for Federal lands located in the Utah Test and Training Range in consultation with the 

Secretary of Defense. As part of the required consultation in connection with a proposed revision of a land use plan, the Secretary of 

Defense shall prepare and transmit to the Secretary of the Interior 

an analysis of the military readiness and operational impacts of the 

proposed revision within six months of a request from the Secretary 

of the Interior. 

SEC. 384. DESIGNATION AND MANAGEMENT OF CEDAR MOUNTAIN WILDERNESS, UTAH. 

(a) DESIGNATION.—Certain Federal lands in Tooele County, 

Utah, as generally depicted on the map entitled ‘‘Cedar Mountain 

Wilderness’’ and dated March 7, 2004, are hereby designated as wilderness and, therefore, as a component of the National Wilderness 

Preservation System to be known as the Cedar Mountain Wilderness 

Area. 

(b) WITHDRAWAL.—Subject to valid existing rights, the Federal 

lands in the Cedar Mountain Wilderness Area are hereby withdrawn from all forms of entry, appropriation, or disposal under the 

public land laws, from location, entry, and patent under the United 

States mining laws, and from disposition under all laws pertaining 

to mineral and geothermal leasing, and mineral materials, and all 

amendments to such laws. 

(c) MAP AND DESCRIPTION.—

(1) TRANSMITTAL.—As soon as practicable after the date of 

the enactment of this Act, the Secretary of the Interior shall 

transmit a map and legal description of the Cedar Mountain 

Wilderness Area to the Committee on Resources of the House of 

Representatives and the Committee on Energy and Natural Resources of the Senate. 


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(2) LEGAL EFFECT.—The map and legal description shall 

have the same force and effect as if included in this Act, except 

that the Secretary of the Interior may correct clerical and typographical errors in the map and legal description. 

(3) AVAILABILITY.—The map and legal description shall be 

on file and available for public inspection in the office of the Director of the Bureau of Land Management and the office of the 

State Director of the Bureau of Land Management in the State 

of Utah. 

(d) ADMINISTRATION.—Subject to valid existing rights and this 

subtitle, the Cedar Mountain Wilderness Area shall be administered 

by the Secretary of the Interior in accordance with the provisions of 

the Wilderness Act, except that any reference in such provisions to 

the effective date of the Wilderness Act (or any similar reference) 

shall be deemed to be a reference to the date of the enactment of this 

Act. 

(e) LAND ACQUISITION.—Any lands or interest in lands within 

the boundaries of the Cedar Mountain Wilderness Area acquired by 

the United States after the date of the enactment of this Act shall 

be added to and administered as part of the Cedar Mountain Wilderness Area. 

(f) FISH AND WILDLIFE MANAGEMENT.—As provided in section 

4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this 

subtitle shall be construed as affecting the jurisdiction of the State 

of Utah with respect to fish and wildlife on the Federal lands located in that State. 

(g) GRAZING.—Within the Cedar Mountain Wilderness Area, the 

grazing of livestock, where established before the date of the enactment of this Act, shall be permitted to continue subject to such reasonable regulations, policies, and practices as the Secretary of the 

Interior considers necessary, as long as such regulations, policies, 

and practices fully conform with and implement the intent of Congress regarding grazing in such areas, as such intent is expressed 

in the Wilderness Act, section 101(f) of Public Law 101–628 (104 

Stat. 4473), and appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101–405). 

(h) BUFFER ZONES.—Congress does not intend for the designation of the Cedar Mountain Wilderness Area to lead to the creation 

of protective perimeters or buffer zones around the wilderness area. 

The fact that nonwilderness activities or uses can be seen or heard 

within the wilderness area shall not, of itself, preclude such activities or uses up to the boundary of the wilderness area. 

(i) RELEASE FROM WILDERNESS STUDY AREA STATUS.—The 

lands identified as the Browns Spring Cherrystem on the map entitled ‘‘Proposed Browns Spring Cherrystem’’ and dated May 11, 

2004, are released from their status as a wilderness study area, and 

shall no longer be subject to the requirements of section 603(c) of the 

Federal Land Policy and Management Act of 1976 (43 U.S.C. 

1782(c)) pertaining to the management of wilderness study areas in 

a manner that does not impair the suitability of those areas for 

preservation of wilderness. 


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SEC. 385. RELATION TO OTHER LANDS. 

Nothing in this subtitle shall be construed to affect any Federal 

lands located outside of the covered wilderness or the management 

of such lands. 

TITLE IV—MILITARY PERSONNEL 

AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

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

Sec. 403. Additional authority for increases of Army and Marine Corps active duty 

end strengths for fiscal years 2007 through 2009. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for reserves on active duty in support of the reserves. 

Sec. 413. End strengths for military technicians (dual status). 

Sec. 414. Fiscal year 2006 limitation on number of non-dual status technicians. 

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

operational support. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

Sec. 422. Armed Forces Retirement Home. 

Subtitle A—Active Forces 

SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

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

for active duty personnel as of September 30, 2006, as follows: 

(1) The Army, 512,400. 

(2) The Navy, 352,700. 

(3) The Marine Corps, 179,000. 

(4) The Air Force, 357,400. 

(b) LIMITATION.— (1) ARMY.—The authorized strength for the Army provided 

in paragraph (1) of subsection (a) for active duty personnel for 

fiscal year 2006 is subject to the condition that costs of active 

duty personnel of the Army for that fiscal year in excess of 

482,400 shall be paid out of funds authorized to be appropriated for that fiscal year for a contingent emergency reserve 

fund or as an emergency supplemental appropriation. 

(2) MARINE CORPS.—The authorized strength for the Marine Corps provided in paragraph (3) of subsection (a) for active 

duty personnel for fiscal year 2006 is subject to the condition 

that costs of active duty personnel of the Marine Corps for that 

fiscal year in excess of 175,000 shall be paid out of funds authorized to be appropriated for that fiscal year for a contingent 

emergency reserve fund or as an emergency supplemental appropriation. 

SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH 

MINIMUM LEVELS. 

Section 691(b) of title 10, United States Code, is amended by 

striking paragraphs (1) through (4) and inserting the following: 

‘‘(1) For the Army, 502,400. 


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‘‘(2) For the Navy, 352,700. 

‘‘(3) For the Marine Corps, 179,000. 

‘‘(4) For the Air Force, 357,400.’’. 

SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY AND MARINE CORPS ACTIVE DUTY END STRENGTHS FOR FISCAL 

YEARS 2007 THROUGH 2009. 

Effective October 1, 2006, the text of section 403 of the Ronald 

W. Reagan National Defense Authorization Act for Fiscal Year 2005 

(Public Law 108–375; 118 Stat. 1863) is amended to read as follows: 

‘‘(a) AUTHORITY.—

‘‘(1) ARMY.—For each of fiscal years 2007, 2008, and 2009, 

the Secretary of Defense may, as the Secretary determines necessary for the purposes specified in paragraph (3), establish the 

active-duty end strength for the Army at a number greater than 

the number otherwise authorized by law up to the number 

equal to the fiscal-year 2006 baseline plus 20,000. 

‘‘(2) MARINE CORPS.—For each of fiscal years 2007, 2008, 

and 2009, the Secretary of Defense may, as the Secretary determines necessary for the purposes specified in paragraph (3), establish the active-duty end strength for the Marine Corps at a 

number greater than the number otherwise authorized by law 

up to the number equal to the fiscal-year 2006 baseline plus 

5,000. 

‘‘(3) PURPOSE OF INCREASES.—The purposes for which increases may be made in Army and Marine Corps active duty 

end strengths under paragraphs (1) and (2) are—

‘‘(A) to support operational missions; and 

‘‘(B) to achieve transformational reorganization objectives, including objectives for increased numbers of combat 

brigades and battalions, increased unit manning, force stabilization and shaping, and rebalancing of the active and 

reserve component forces. 

‘‘(4) FISCAL-YEAR 2006 BASELINE.—In this subsection, the 

term ‘fiscal-year 2006 baseline’, with respect to the Army and 

Marine Corps, means the active-duty end strength authorized 

for those services in section 401 of the National Defense Authorization Act for Fiscal Year 2006. 

‘‘(5) ACTIVE-DUTY END STRENGTH.—In this subsection, the 

term ‘active-duty end strength’ means the strength for activeduty personnel of one of the Armed Forces as of the last day of 

a fiscal year. 

‘‘(b) RELATIONSHIP TO PRESIDENTIAL WAIVER AUTHORITY.—

Nothing in this section shall be construed to limit the President’s 

authority under section 123a of title 10, United States Code, to 

waive any statutory end strength in a time of war or national emergency. 

‘‘(c) RELATIONSHIP TO OTHER VARIANCE AUTHORITY.—The authority under subsection (a) is in addition to the authority to vary 

authorized end strengths that is provided in subsections (e) and (f) 

of section 115 of title 10, United States Code. 

‘‘(d) BUDGET TREATMENT.—

‘‘(1) FISCAL YEAR 2007 BUDGET.—The budget for the Department of Defense for fiscal year 2007 as submitted to Congress 


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shall comply, with respect to funding, with subsections (c) and 

(d) of section 691 of title 10, United States Code. 

‘‘(2) OTHER INCREASES.—If the Secretary of Defense plans 

to increase the Army or Marine Corps active duty end strength 

for a fiscal year under subsection (a), then the budget for the 

Department of Defense for that fiscal year as submitted to Congress shall include the amounts necessary for funding that active duty end strength in excess of the fiscal year 2006 active 

duty end strength authorized for that service under section 401 

of the National Defense Authorization Act for Fiscal Year 

2006.’’. 

Subtitle B—Reserve Forces 

SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

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

for Selected Reserve personnel of the reserve components as of September 30, 2006, as follows: 

(1) The Army National Guard of the United States, 

350,000. 

(2) The Army Reserve, 205,000. 

(3) The Navy Reserve, 73,100. 

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

(5) The Air National Guard of the United States, 106,800. 

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

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

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

(a) for the Selected Reserve of any reserve component shall be proportionately reduced by—

(1) the total authorized strength of units organized to serve 

as units of the Selected Reserve of such component which are 

on active duty (other than for training) at the end of the fiscal 

year; and 

(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at 

the end of the fiscal year. 

Whenever such units or such individual members are released from 

active duty during any fiscal year, the end strength prescribed for 

such fiscal year for the Selected Reserve of such reserve component 

shall be increased proportionately by the total authorized strengths 

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

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES. 

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2006, the following number of Reserves to be serving on 

full-time active duty or full-time duty, in the case of members of the 

National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: 

(1) The Army National Guard of the United States, 27,396. 

(2) The Army Reserve, 15,270. 

(3) The Navy Reserve, 13,392. 


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

(5) The Air National Guard of the United States, 13,123. 

(6) The Air Force Reserve, 2,290. 

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS). 

The minimum number of military technicians (dual status) as 

of the last day of fiscal year 2006 for the reserve components of the 

Army and the Air Force (notwithstanding section 129 of title 10, 

United States Code) shall be the following: 

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

(2) For the Army National Guard of the United States, 

25,563. 

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

(4) For the Air National Guard of the United States, 

22,971. 

SEC. 414. FISCAL YEAR 2006 LIMITATION ON NUMBER OF NON-DUAL 

STATUS TECHNICIANS. 

(a) LIMITATIONS.—

(1) NATIONAL GUARD.—Within the limitation provided in 

section 10217(c)(2) of title 10, United States Code, the number 

of non-dual status technicians employed by the National Guard 

as of September 30, 2006, may not exceed the following: 

(A) For the Army National Guard of the United States, 

1,600. 

(B) For the Air National Guard of the United States, 

350. 

(2) ARMY RESERVE.—The number of non-dual status technicians employed by the Army Reserve as of September 30, 2006, 

may not exceed 695. 

(3) AIR FORCE RESERVE.—The number of non-dual status 

technicians employed by the Air Force Reserve as of September 

30, 2006, may not exceed 90. 

(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section, 

the term ‘‘non-dual status technician’’ has the meaning given that 

term in section 10217(a) of title 10, United States Code. 

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED 

TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. 

During fiscal year 2006, the maximum number of members of 

the reserve components of the Armed Forces who may be serving at 

any time on full-time operational support duty under section 115(b) 

of title 10, United States Code, is the following: 

(1) The Army National Guard of the United States, 17,000. 

(2) The Army Reserve, 13,000. 

(3) The Naval Reserve, 6,200. 

(4) The Marine Corps Reserve, 3,000. 

(5) The Air National Guard of the United States, 16,000. 

(6) The Air Force Reserve, 14,000. 


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Subtitle C—Authorization of 

Appropriations 

SEC. 421. MILITARY PERSONNEL. 

There is hereby authorized to be appropriated to the Department of Defense for military personnel for fiscal year 2006 a total 

of $108,942,746,000. The authorization in the preceding sentence supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2006. 

SEC. 422. ARMED FORCES RETIREMENT HOME. 

There is hereby authorized to be appropriated for fiscal year 

2006 from the Armed Forces Retirement Home Trust Fund the sum 

of $58,281,000 for the operation of the Armed Forces Retirement 

Home. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy 

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

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

commissioned service required for voluntary retirement as an officer. 

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

strength limitations of officers on leave pending separation or retirement 

or between senior positions. 

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

practice known as frocking. 

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

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

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

serving in intelligence community positions. 

Sec. 508. Grades of the Judge Advocates General. 

Sec. 509. Authority to retain permanent professors at the Naval Academy beyond 30 

years of active commissioned service. 

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

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

duty. 

Subtitle B—Reserve Component Management 

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

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

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

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

performed while in a State duty status immediately after the terrorist 

attacks of September 11, 2001. 

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

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

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

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

Guard and Reserves in the Global War on Terrorism. 

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

Reserves. 

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

and their families. 


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Subtitle C—Education and Training 

PART I—DEPARTMENT OF DEFENSE SCHOOLS GENERALLY

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

Science in Joint Campaign Planning and Strategy. 

Sec. 522. Authority for certain professional military education schools to receive faculty research grants for certain purposes. 

PART II—UNITED STATES NAVAL POSTGRADUATE SCHOOL

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

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

Sec. 525. Increased enrollment for eligible defense industry employees in the defense 

product development program at Naval Postgraduate School. 

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

PART III—RESERVE OFFICERS’ TRAINING CORPS

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

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

Reserve and National Guard program. 

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

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

conditions. 

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

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

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

PART IV—OTHER MATTERS

Sec. 537. Enhancement of educational loan repayment authorities. 

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

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

members of the Selected Reserve and National Guard for payments for 

licensing or certification tests. 

Sec. 540. Modification of educational assistance for reserves supporting contingency 

and other operations. 

Subtitle D—General Service Requirements 

Sec. 541. Ground combat and other exclusion policies. 

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

Forces. 

Sec. 543. Increase in maximum age for enlistment. 

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

Sec. 545. National Call to Service program. 

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

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

military service obligation. 

Subtitle E—Military Justice and Legal Assistance Matters 

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

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

Military Justice. 

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

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

law. 

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

military legal assistance without regard to licensing requirements. 

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

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

Reserves on inactive-duty training overseas. 

Subtitle F—Matters Relating to Casualties 

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

Paralympic Games. 


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

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

members. 

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

Subtitle G—Assistance to Local Educational Agencies for Defense Dependents 

Education 

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

schools overseas. 

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

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

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

members despite change in status of member. 

Subtitle H—Decorations and Awards 

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

Subtitle I—Consumer Protection Matters 

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

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

on insurance and other financial services. 

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

Forces and their dependents. 

Subtitle J—Reports and Sense of Congress Statements 

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

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

and requirement for report to Congress. 

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

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

Forces serving in Operation Iraqi Freedom and Operation Enduring 

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

Subtitle K—Other Matters 

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

recruitment and retention purposes. 

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

Commission. 

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

Forces. 

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

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

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

Sec. 595. Report on Transition Assistance Programs. 

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

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

the President. 

Sec. 598. Prayer at military service academy activities. 

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

adoption. 


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Subtitle A—Officer Personnel Policy 

SEC. 501. TEMPORARY INCREASE IN PERCENTAGE LIMITS ON REDUCTION OF TIME-IN-GRADE REQUIREMENTS FOR RETIREMENT IN GRADE UPON VOLUNTARY RETIREMENT. 

Section 1370(a)(2) of title 10, United States Code, is amended 

by adding at the end the following new subparagraph: 

‘‘(F) Notwithstanding subparagraph (E), during the period ending on December 31, 2007, the number of lieutenant colonels and 

colonels of the Air Force, and the number of commanders and captains of the Navy, for whom a reduction is made under this section 

during any fiscal year in the period of service-in-grade otherwise required under this paragraph may not exceed four percent of the authorized active-duty strength for that fiscal year for officers of that 

armed force in that grade.’’. 

SEC. 502. TWO-YEAR RENEWAL OF TEMPORARY AUTHORITY TO REDUCE MINIMUM LENGTH OF COMMISSIONED SERVICE REQUIRED FOR VOLUNTARY RETIREMENT AS AN OFFICER. 

(a) ARMY.—Section 3911(b) of title 10, United States Code, is 

amended—

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

(2) in paragraph (1), as so designated, by striking ‘‘during 

the period beginning on October 1, 1990, and ending on December 31, 2001’’ and inserting ‘‘during the period specified in 

paragraph (2),’’; and 

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

‘‘(2) The period specified in this paragraph is the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2006 and ending on December 31, 

2008.’’. 

(b) NAVY AND MARINE CORPS.—Section 6323(a)(2) of such title 

is amended—

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

(2) in subparagraph (A), as so designated, by striking ‘‘during the period beginning on October 1, 1990, and ending on December 31, 2001’’ and inserting ‘‘during the period specified in 

subparagraph (B),’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(B) The period specified in this subparagraph is the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2006 and ending on December 31, 

2008.’’. 

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

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

(2) in paragraph (1), as so designated, by striking ‘‘during 

the period beginning on October 1, 1990, and ending on December 31, 2001’’ and inserting ‘‘during the period specified in 

paragraph (2),’’; and 

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

‘‘(2) The period specified in this paragraph is the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2006 and ending on December 31, 

2008.’’. 


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SEC. 503. EXCLUSION FROM ACTIVE-DUTY GENERAL AND FLAG OFFICER DISTRIBUTION AND STRENGTH LIMITATIONS OF OFFICERS ON LEAVE PENDING SEPARATION OR RETIREMENT OR BETWEEN SENIOR POSITIONS. 

(a) DISTRIBUTION LIMITATIONS.—Section 525 of title 10, United 

States Code, is amended by adding at the end the following new 

subsection: 

‘‘(e) In determining the total number of general officers or flag 

officers of an armed force on active duty for purposes of this section, 

the following officers shall not be counted: 

‘‘(1) An officer of that armed force in the grade of brigadier 

general or above or, in the case of the Navy, in the grade of rear 

admiral (lower half) or above, who is on leave pending the retirement, separation, or release of that officer from active duty, 

but only during the 60-day period beginning on the date of the 

commencement of such leave of such officer. 

‘‘(2) An officer of that armed force who has been relieved 

from a position designated under section 601(a) of this title and 

is under orders to assume another such position, but only during the 60-day period beginning on the date on which those orders are published.’’. 

(b) ACTIVE-DUTY STRENGTH LIMITATIONS.—

(1) IN GENERAL.—Section 526 of such title is amended by 

adding at the end the following new subsection: 

‘‘(e) EXCLUSION OF CERTAIN OFFICERS PENDING SEPARATION OR

RETIREMENT OR BETWEEN SENIOR POSITIONS.—The limitations of 

this section do not apply to a general or flag officer who is covered 

by an exclusion under section 525(e) of this title.’’. 

(2) CONFORMING AMENDMENT.—The heading of subsection 

(d) of such section is amended by striking ‘‘CERTAIN OFFICERS’’

and inserting ‘‘CERTAIN RESERVE OFFICERS’’. 

(c) PROHIBITION OF FROCKING TO GRADES ABOVE MAJOR GENERAL AND REAR ADMIRAL.—Section 777(a) of such title is amended 

by inserting ‘‘in a grade below the grade of major general or, in the 

case of the Navy, rear admiral,’’ after ‘‘An officer’’ in the first sentence. 

SEC. 504. CONSOLIDATION OF GRADE LIMITATIONS ON OFFICER ASSIGNMENT AND INSIGNIA PRACTICE KNOWN AS FROCKING. 

Section 777(d) of title 10, United States Code, is amended—

(1) in paragraph (1)—

(A) by striking ‘‘brigadier generals and Navy rear admirals (lower half)’’ and inserting ‘‘colonels, Navy captains, 

brigadier generals, and rear admirals (lower half)’’; and 

(B) by striking ‘‘the grade of’’ and all that follows 

through ‘‘30’’ and inserting ‘‘the next higher grade may not 

exceed 85’’; 

(2) by striking paragraph (2); and 

(3) by redesignating paragraph (3) as paragraph (2). 

SEC. 505. CLARIFICATION OF DEADLINE FOR RECEIPT BY PROMOTION 

SELECTION BOARDS OF CERTAIN COMMUNICATIONS 

FROM ELIGIBLE OFFICERS. 

(a) OFFICERS ON ACTIVE-DUTY LIST.—Section 614(b) of title 10, 

United States Code, is amended in the first sentence by inserting 

‘‘the day before’’ after ‘‘not later than’’. 


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(b) OFFICERS ON RESERVE ACTIVE-STATUS LIST.—Section 14106 

of such title is amended in the second sentence by inserting ‘‘the day 

before’’ after ‘‘not later than’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on March 1, 2006, and shall apply with respect to 

selection boards convened on or after that date. 

SEC. 506. FURNISHING TO PROMOTION SELECTION BOARDS OF ADVERSE INFORMATION ON OFFICERS ELIGIBLE FOR PROMOTION TO CERTAIN SENIOR GRADES. 

(a) OFFICERS ON ACTIVE-DUTY LIST.—

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

Code, is amended—

(A) by redesignating paragraphs (3), (4), (5), and (6) as 

paragraphs (4), (5), (6), and (7), respectively; and 

(B) by inserting after paragraph (2) the following new 

paragraph (3): 

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

to a grade above colonel or, in the case of the Navy, captain, any 

credible information of an adverse nature, including any substantiated adverse finding or conclusion from an officially documented 

investigation or inquiry, shall be furnished to the selection board in 

accordance with standards and procedures set out in the regulations 

prescribed by the Secretary of Defense pursuant to paragraph (1).’’. 

(2) CONFORMING AMENDMENTS.—Such section is further 

amended—

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

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

inserting ‘‘paragraphs (2) and (3)’’; 

(B) in paragraph (5), as so redesignated, by striking 

‘‘and (3)’’ and inserting ‘‘, (3), and (4)’’; 

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

(i) in the matter preceding subparagraph (A), by 

inserting ‘‘, or in paragraph (3),’’ after ‘‘paragraph (2)’’; 

and 

(ii) in subparagraph (B), by inserting ‘‘or (3), as 

applicable’’ after ‘‘paragraph (2)’’; and 

(D) in subparagraph (A) of paragraph (7), as so redesignated, by inserting ‘‘or (3)’’ after ‘‘paragraph (2)(B)’’. 

(b) RESERVE OFFICERS.—

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

Code, is amended—

(A) by redesignating paragraphs (3), (4), (5), and (6) as 

paragraphs (4), (5), (6), and (7), respectively; and 

(B) by inserting after paragraph (2) the following new 

paragraph (3): 

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

to a grade above colonel or, in the case of the Navy, captain, any 

credible information of an adverse nature, including any substantiated adverse finding or conclusion from an officially documented 

investigation or inquiry, shall be furnished to the selection board in 

accordance with standards and procedures set out in the regulations 

prescribed by the Secretary of Defense pursuant to paragraph (1).’’. 

(2) CONFORMING AMENDMENTS.—Such section is further 

amended—


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

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

inserting ‘‘paragraphs (2) and (3)’’; 

(B) in paragraph (5), as so redesignated, by striking 

‘‘and (3)’’ and inserting ‘‘, (3), and (4)’’; 

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

(i) in the matter preceding subparagraph (A), by 

inserting ‘‘, or in paragraph (3),’’ after ‘‘paragraph (2)’’; 

and 

(ii) in subparagraph (B), by inserting ‘‘or (3), as 

applicable’’ after ‘‘paragraph (2)’’; and 

(D) in subparagraph (A) of paragraph (7), as so redesignated, by inserting ‘‘or (3)’’ after ‘‘paragraph (2)(B)’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 1, 2006, and shall apply with respect 

to promotion selection boards convened on or after that date. 

SEC. 507. APPLICABILITY OF OFFICER DISTRIBUTION AND STRENGTH 

LIMITATIONS TO OFFICERS SERVING IN INTELLIGENCE 

COMMUNITY POSITIONS. 

(a) IN GENERAL.—Section 528 of title 10, United States Code, 

is amended to read as follows: 

‘‘§ 528. Exclusion: officers serving in certain intelligence positions 

‘‘(a) EXCLUSION OF OFFICER SERVING IN CERTAIN CIA POSITIONS.—When either of the individuals serving in a position specified in subsection (b) is an officer of the armed forces, one of those 

officers, while serving in that position, shall be excluded from the 

limitations in sections 525 and 526 of this title. 

‘‘(b) COVERED POSITIONS.—The positions referred to in this subsection are the following: 

‘‘(1) Director of the Central Intelligence Agency. 

‘‘(2) Deputy Director of the Central Intelligence Agency. 

‘‘(c) ASSOCIATE DIRECTOR OF CIA FOR MILITARY SUPPORT.—An 

officer of the armed forces serving in the position of Associate Director of the Central Intelligence Agency for Military Support, while 

serving in that position, shall be excluded from the limitations in 

sections 525 and 526 of this title. 

‘‘(d) OFFICERS SERVING IN OFFICE OF DNI.—A general or flag 

officer of the armed forces assigned to a position in the Office of the 

Director of National Intelligence designated by agreement between 

the Secretary of Defense and the Director of National Intelligence, 

while serving in that position, shall be excluded from the limitations in sections 525 and 526 of this title, except that not more than 

five such officers may be so excluded at any time.’’. 

(b) CLERICAL AMENDMENT.—The item relating to such section 

in the table of sections at the beginning of chapter 32 of such title 

is amended to read as follows: 

‘‘528. Exclusion: officers serving in certain intelligence positions.’’. 

SEC. 508. GRADES OF THE JUDGE ADVOCATES GENERAL. 

(a) JUDGE ADVOCATE GENERAL OF THE ARMY.—Section 3037(a) 

of title 10, United States Code, is amended by striking the last sentence and inserting the following new sentences: ‘‘The Judge Advocate General, while so serving, shall hold a grade not lower than 


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major general. An officer appointed as Assistant Judge Advocate 

General who holds a lower regular grade shall be appointed in the 

regular grade of major general.’’. (b) JUDGE ADVOCATE GENERAL OF THE NAVY.—Section 5148(b) 

of such title is amended by striking the last sentence and inserting 

the following new sentence: ‘‘The Judge Advocate General, while so 

serving, shall hold a grade not lower than rear admiral or major 

general, as appropriate.’’. (c) JUDGE ADVOCATE GENERAL OF THE AIR FORCE.—Section 

8037(a) of such title is amended by striking the last sentence and 

inserting the following new sentence: ‘‘The Judge Advocate General, 

while so serving, shall hold a grade not lower than major general.’’. 

SEC. 509. AUTHORITY TO RETAIN PERMANENT PROFESSORS AT THE 

NAVAL ACADEMY BEYOND 30 YEARS OF ACTIVE COMMISSIONED SERVICE. 

(a) WAIVER OF MANDATORY RETIREMENT FOR YEARS OF SERVICE.—

(1) LIEUTENANT COLONELS AND COMMANDERS.—Section 633 

of title 10, United States Code, is amended— (A) by striking ‘‘Except an’’ and all that follows 

through ‘‘except as provided’’ and inserting ‘‘(a) 28 YEARS

OF ACTIVE COMMISSIONED SERVICE.—Except as provided in 

subsection (b) and as provided’’; and 

(B) by adding at the end the following: ‘‘(b) EXCEPTIONS.—Subsection (a) does not apply to the following: ‘‘(1) An officer of the Navy or Marine Corps who is an officer designated for limited duty to whom section 5596(e) or 6383 

of this title applies. ‘‘(2) An officer of the Navy or Marine Corps who is a permanent professor at the United States Naval Academy.’’. (2) COLONELS AND NAVY CAPTAINS.—Section 634 of such 

title is amended— (A) by striking ‘‘Except an’’ and all that follows 

through ‘‘except as provided’’ and inserting ‘‘(a) 30 YEARS

OF ACTIVE COMMISSIONED SERVICE.—Except as provided in 

subsection (b) and as provided’’; and 

(B) by adding at the end the following: ‘‘(b) EXCEPTIONS.—Subsection (a) does not apply to the following: ‘‘(1) An officer of the Navy who is designated for limited 

duty to whom section 6383(a)(4) of this title applies. ‘‘(2) An officer of the Navy or Marine Corps who is a permanent professor at the United States Naval Academy.’’. (b) AUTHORITY FOR RETENTION OF PERMANENT PROFESSORS

BEYOND 30 YEARS.—

(1) AUTHORITY.—Chapter 603 of such title is amended by 

inserting after section 6969 the following new section: 

‘‘§ 6970. Permanent professors: retirement for years of service; 

authority for deferral 

‘‘(a) RETIREMENT FOR YEARS OF SERVICE.—(1) Except as provided in subsection (b), an officer of the Navy or Marine Corps serving as a permanent professor at the Naval Academy in the grade 

of commander or lieutenant colonel who is not on a list of officers 


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recommended for promotion to the grade of captain or colonel, as 

the case may be, shall, if not earlier retired, be retired on the first 

day of the month after the month in which the officer completes 28 

years of active commissioned service. 

‘‘(2) Except as provided in subsection (b), an officer of the Navy 

or Marine Corps serving as a permanent professor at the Naval 

Academy in the grade of captain or colonel who is not on a list of 

officers recommended for promotion to the grade of rear admiral 

(lower half) or brigadier general, as the case may be, shall, if not 

earlier retired, be retired on the first day of the month after the 

month in which the officer completes 30 years of active commissioned service. 

‘‘(b) CONTINUATION ON ACTIVE DUTY.—(1) An officer subject to 

retirement under subsection (a) may have his retirement deferred 

and be continued on active duty by the Secretary of the Navy. 

‘‘(2) Subject to section 1252 of this title, the Secretary of the 

Navy shall determine the period of any continuation on active duty 

under this section. 

‘‘(c) ELIGIBILITY FOR PROMOTION.—A permanent professor at the 

Naval Academy in the grade of commander or lieutenant colonel 

who is continued on active duty as a permanent professor under 

subsection (b) remains eligible for consideration for promotion to the 

grade of captain or colonel, as the case may be. 

‘‘(d) RETIRED GRADE AND RETIRED PAY.—Each officer retired 

under this section—

‘‘(1) unless otherwise entitled to a higher grade, shall be retired in the grade determined under section 1370 of this title; 

and 

‘‘(2) is entitled to retired pay computed under section 6333 

of this title.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item 

relating to section 6969 the following new item: 

‘‘6970. Permanent professors: retirement for years of service; authority for deferral.’’. 

(c) MANDATORY RETIREMENT AT AGE 64.—

(1) REORGANIZATION AND STANDARDIZATION.—Chapter 63 

of such title is amended by inserting after section 1251 the following new section: 

‘‘§ 1252. Age 64: permanent professors at academies 

‘‘(a) MANDATORY RETIREMENT FOR AGE.—Unless retired or separated earlier, each regular commissioned officer of the Army, Navy, 

Air Force, or Marine Corps covered by subsection (b) shall be retired 

on the first day of the month following the month in which the officer becomes 64 years of age. 

‘‘(b) COVERED OFFICERS.—This section applies to the following 

officers: 

‘‘(1) An officer who is a permanent professor or the director 

of admissions of the United States Military Academy. 

‘‘(2) An officer who is a permanent professor at the United 

States Naval Academy. 

‘‘(3) An officer who is a permanent professor or the registrar 

of the United States Air Force Academy.’’. 


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(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item 

relating to section 1251 the following new item: 

‘‘1252. Age 64: permanent professors at academies.’’. 

(3) CONFORMING AMENDMENT.—Section 1251(a) of such 

title is amended— (A) in the first sentence, by inserting ‘‘, a permanent 

professor at the United States Naval Academy,’’ after ‘‘Air 

Force Academy’’; and 

(B) by striking the second sentence. 

(d) CONFORMING AMENDMENTS RELATING TO COMPUTATION OF

RETIRED PAY.— (1) AGE 64 RETIREMENT.—Chapter 71 of such title is 

amended—

(A) in the table in section 1401(a), by inserting at the 

bottom of the column under the heading ‘‘For sections’’, in 

the entry for Formula Number 5, the following: ‘‘1252’’; and 

(B) in the table in section 1406(b)(1), by inserting at 

the bottom of the first column the following: ‘‘1252’’. (2) YEARS-OF-SERVICE RETIREMENT.—Section 6333(a) of 

such title is amended— (A) in the matter preceding the table, by inserting ‘‘6970 or’’ after ‘‘section’’; and 

(B) in the table, by inserting ‘‘6970’’ immediately below ‘‘6325(b)’’ in the column under the heading ‘‘For sections’’, in the entry for Formula B. 

SEC. 510. AUTHORITY FOR DESIGNATION OF A GENERAL/FLAG OFFICER POSITION ON THE JOINT STAFF TO BE HELD BY RESERVE COMPONENT GENERAL OR FLAG OFFICER ON ACTIVE DUTY. 

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

by inserting ‘‘, and a general and flag officer position on the Joint 

Staff,’’ after ‘‘combatant commands’’. 

Subtitle B—Reserve Component 

Management 

SEC. 511. SEPARATION AT AGE 64 FOR RESERVE COMPONENT SENIOR 

OFFICERS. 

Section 14512(a) of title 10, United States Code, is amended—

(1) by inserting ‘‘(1)’’ before ‘‘Unless retired,’’; 

(2) by striking ‘‘who is Chief’’ and all that follows through 

‘‘of a State,’’ and inserting ‘‘who is specified in paragraph (2)’’; 

and 

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

‘‘(2) Paragraph (1) applies to a reserve officer of the Army or Air 

Force who is any of the following: 

‘‘(A) The Chief of the National Guard Bureau. 

‘‘(B) The Chief of the Army Reserve, Chief of the Air Force 

Reserve, Director of the Army National Guard, or Director of 

the Air National Guard. 

‘‘(C) An adjutant general. 

‘‘(D) If a reserve officer of the Army, the commanding general of the troops of a State.’’. 


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SEC. 512. MODIFICATION OF STRENGTH-IN-GRADE LIMITATIONS APPLICABLE TO RESERVE FLAG OFFICERS IN ACTIVE STATUS. 

(a) LINE OFFICERS.—The table in paragraph (1) of section 

12004(c) of title 10, United States Code, is amended by striking ‘‘28’’

in the item relating to Line officers and inserting ‘‘33’’. 

(b) MEDICAL DEPARTMENT STAFF CORPS OFFICERS.—Such table 

is further amended by striking ‘‘9’’ in the item relating to Medical 

Department staff corps officers and inserting ‘‘5’’. 

(c) SUPPLY CORPS OFFICERS.—Paragraph (2)(A) of such section 

is amended by striking ‘‘seven’’ and inserting ‘‘six’’. 

(d) CONFORMING AMENDMENT.—Paragraph (1) of such section 

is further amended in the matter preceding the table by striking 

‘‘39’’ and inserting ‘‘40’’. 

SEC. 513. MILITARY TECHNICIANS (DUAL STATUS) MANDATORY SEPARATION. 

(a) DEFERRAL OF SEPARATION.—Section 10216 of title 10, 

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

new subsection: 

‘‘(f) DEFERRAL OF MANDATORY SEPARATION.—The Secretary of 

the Army shall implement personnel policies so as to allow a military technician (dual status) who continues to meet the requirements of this section for dual status to continue to serve beyond a 

mandatory removal date for officers, and any applicable maximum 

years of service limitation, until the military technician (dual status) reaches age 60 and attains eligibility for an unreduced annuity 

(as defined in section 10218(c) of this title).’’. 

(b) EFFECTIVE DATE.—The Secretary of the Army shall implement subsection (f) of section 10216 of title 10, United States Code, 

as added by subsection (a), not later than 90 days after the date of 

the enactment of this Act. 

SEC. 514. MILITARY RETIREMENT CREDIT FOR CERTAIN SERVICE BY 

NATIONAL GUARD MEMBERS PERFORMED WHILE IN A 

STATE DUTY STATUS IMMEDIATELY AFTER THE TERRORIST ATTACKS OF SEPTEMBER 11, 2001. 

(a) RETIREMENT CREDIT.—Service of a member of the Ready Reserve of the Army National Guard or Air National Guard described 

in subsection (b) shall be deemed to be service creditable under section 12732(a)(2)(A)(i) of title 10, United States Code. 

(b) COVERED SERVICE.—Service referred to in subsection (a) is 

full-time State active duty service that a member of the National 

Guard performed on or after September 11, 2001, and before October 1, 2002, in any of the counties specified in subsection (c) to support a Federal declaration of emergency following the terrorist attacks on the United States of September 11, 2001. 

(c) COVERED COUNTIES.—The counties referred to in subsection 

(b) are the following: 

(1) In the State of New York: Bronx, Kings, New York (boroughs of Brooklyn and Manhattan), Queens, Richmond, Delaware, Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, 

Sullivan, Ulster, and Westchester. 

(2) In the State of Virginia: Arlington. 

(d) APPLICABILITY.—Subsection (a) shall take effect as of September 11, 2001. 


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SEC. 515. REDESIGNATION OF THE NAVAL RESERVE AS THE NAVY RESERVE. 

(a) REDESIGNATION OF RESERVE COMPONENT.—

(1) REDESIGNATION.—The reserve component of the Armed 

Forces known as the Naval Reserve is redesignated as the Navy 

Reserve. 

(2) CONFORMING REPEAL.—Section 517 of the Ronald W. 

Reagan National Defense Authorization Act for Fiscal Year 

2005 (Public Law 108–375; 118 Stat. 1884; 10 U.S.C. 10101 

note) is repealed. 

(b) CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES

CODE.—

(1) TEXT AMENDMENTS.—Title 10, United States Code, is 

amended by striking ‘‘Naval Reserve’’ each place it appears in 

the following provisions and inserting ‘‘Navy Reserve’’: 

(A) Section 513(a). 

(B) Section 516. 

(C) Section 526(b)(2)(C)(i). 

(D) Section 971(a). 

(E) Section 5001(a)(1). 

(F) Section 5143. 

(G) Section 5596(c). 

(H) Section 6323(f). 

(I) Section 6327. 

(J) Section 6330(b). 

(K) Section 6331(a)(2). 

(L) Section 6336. 

(M) Section 6389. 

(N) Section 6911(c)(1). 

(O) Section 6913(a). 

(P) Section 6915. 

(Q) Section 6954(b)(3). 

(R) Section 6956(a)(2). 

(S) Section 6959. 

(T) Section 7225. 

(U) Section 7226. 

(V) Section 7605(1). 

(W) Section 7852. 

(X) Section 7853. 

(Y) Section 7854. 

(Z) Section 10101(3). 

(AA) Section 10108. 

(BB) Section 10172. 

(CC) Section 10301(a)(7). 

(DD) Section 10303. 

(EE) Section 12004(e)(2). 

(FF) Section 12005. 

(GG) Section 12010. 

(HH) Section 12011(a)(2). 

(II) Section 12012(a). 

(JJ) Section 12103. 

(KK) Section 12205. 

(LL) Section 12207(b)(2). 

(MM) Section 12732. 


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(NN) Section 12774(b) (other than the first place it appears). 

(OO) Section 14002(b). 

(PP) Section 14101(a)(1). 

(QQ) Section 14107(d). 

(RR) Section 14302(a)(1)(A). 

(SS) Section 14313(b). 

(TT) Section 14501(a). 

(UU) Section 14512(b). 

(VV) Section 14705(a). 

(WW) Section 16201(d)(1)(B)(ii). 

(2) SUBSECTION CAPTION AMENDMENTS.—Such title is further amended in sections 971(a) and 5143(a) by striking ‘‘NAVAL

RESERVE’’ and inserting ‘‘NAVY RESERVE’’. 

(3) SECTION HEADING AMENDMENTS.—Such title is further 

amended as follows: 

(A) The heading of section 5143 is amended to read as 

follows: 

‘‘§ 5143. Office of Navy Reserve: appointment of Chief’’. 

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

follows: 

‘‘§ 6327. Officers and enlisted members of the Navy Reserve 

and Marine Corps Reserve: 30 years; 20 years; retired pay’’. 

(C) The heading of section 6389 is amended to read as 

follows: 

‘‘§ 6389. Navy Reserve and Marine Corps Reserve; officers: 

elimination from active status; computation of total 

commissioned service’’. 

(D) The heading of section 7225 is amended to read as 

follows: 

‘‘§ 7225. Navy Reserve flag’’. 

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

follows: 

‘‘§ 7226. Navy Reserve yacht pennant’’. 

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

as follows: 

‘‘§ 10108. Navy Reserve: administration’’. 

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

as follows: 

‘‘§ 10172. Navy Reserve Force’’. 

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

as follows: 

‘‘§ 10303. Navy Reserve Policy Board’’. 

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

follows: 


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‘‘§ 12010. Computations for Navy Reserve and Marine Corps 

Reserve: rule when fraction occurs in final result’’. 

(J) The heading of section 14306 is amended to read 

as follows: 

‘‘§ 14306. Establishment of promotion zones: Navy Reserve 

and Marine Corps Reserve running mate system’’. 

(4) TABLES OF SECTIONS AMENDMENTS.—Such title is further amended as follows: 

(A) The item relating to section 5143 in the table of sections at the beginning of chapter 513 is amended to read 

as follows: 

‘‘5143. Office of Navy Reserve: appointment of Chief.’’. 

(B) The item relating to section 6327 in the table of sections at the beginning of chapter 571 is amended to read 

as follows: 

‘‘6327. Officers and enlisted members of the Navy Reserve and Marine Corps Reserve: 

30 years; 20 years; retired pay.’’. 

(C) The item relating to section 6389 in the table of sections at the beginning of chapter 573 is amended to read 

as follows: 

‘‘6389. Navy Reserve and Marine Corps Reserve; officers: elimination from active status; computation of total commissioned service.’’. 

(D) The items relating to sections 7225 and 7226 in the 

table of sections at the beginning of chapter 631 are amended to read as follows: 

‘‘7225. Navy Reserve flag. 

‘‘7226. Navy Reserve yacht pennant.’’. 

(E) The item relating to section 10108 in the table of 

sections at the beginning of chapter 1003 is amended to 

read as follows: 

‘‘10108. Navy Reserve: administration.’’. 

(F) The item relating to section 10172 in the table of 

sections at the beginning of chapter 1006 is amended to 

read as follows: 

‘‘10172. Navy Reserve Force.’’. 

(G) The item relating to section 10303 in the table of 

sections at the beginning of chapter 1009 is amended to 

read as follows: 

‘‘10303. Navy Reserve Policy Board.’’. 

(H) The item relating to section 12010 in the table of 

sections at the beginning of chapter 1201 is amended to 

read as follows: 

‘‘12010. Computations for Navy Reserve and Marine Corps Reserve: rule when fraction occurs in final result.’’. 

(I) The item relating to section 14306 in the table of 

sections at the beginning of chapter 1405 is amended to 

read as follows: 

‘‘14306. Establishment of promotion zones: Navy Reserve and Marine Corps Reserve 

running mate system.’’. 


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103 

(c) CONFORMING AMENDMENT TO TITLE 14, UNITED STATES

CODE.—Section 705 of title 14, United States Code, is amended by 

striking ‘‘Naval Reserve’’ each place it appears and inserting ‘‘Navy 

Reserve’’. 

(d) CONFORMING AMENDMENTS TO TITLE 37, UNITED STATES

CODE.—

(1) TEXT AMENDMENTS.—Title 37, United States Code, is 

amended by striking ‘‘Naval Reserve’’ each place it appears in 

the following provisions and inserting ‘‘Navy Reserve’’: 

(A) Section 101(24)(C). 

(B) Section 201(d). 

(C) Section 205(a)(2)(I). 

(D) Section 301c(d). 

(E) Section 319(a). 

(F) Section 905. 

(2) SUBSECTION CAPTION AMENDMENT.—Section 301c(d) of 

such title is further amended by striking ‘‘NAVAL RESERVE’’ and 

inserting ‘‘NAVY RESERVE’’. 

(e) CONFORMING AMENDMENTS TO TITLE 38, UNITED STATES

CODE.—Title 38, United States Code, is amended by striking ‘‘Naval 

Reserve’’ each place it appears in the following provisions and inserting ‘‘Navy Reserve’’: 

(1) Section 101(27)(B). 

(2) Section 3002(6)(C). 

(3) Section 3202(1)(C)(iii). 

(4) Section 3452(a)(3)(C). 

(f) CONFORMING AMENDMENTS TO OTHER CODIFIED TITLES.—

(1) TITLE 5, UNITED STATES CODE.—Section 2108(1)(B) of 

title 5, United States Code, is amended by striking ‘‘Naval Reserve’’ and inserting ‘‘Navy Reserve’’. 

(2) TITLE 18, UNITED STATES CODE.—Section 2387(b) of title 

18, United States Code, is amended by striking ‘‘Naval Reserve’’

and inserting ‘‘Navy Reserve’’. 

(3) TITLE 46, UNITED STATES CODE.—Title 46, United 

States Code, is amended as follows: 

(A) Sections 8103(g) and 8302(g) are amended by striking ‘‘Naval Reserve’’ each place it appears and inserting 

‘‘Navy Reserve’’. 

(B) The heading of section 8103 is amended to read as 

follows: 

‘‘§ 8103. Citizenship and Navy Reserve requirements’’. 

(C) The table of sections at the beginning of chapter 81 

is amended by striking the item relating to section 8103 

and inserting the following new item: 

‘‘8103. Citizenship and Navy Reserve requirements.’’. 

(g) CONFORMING AMENDMENTS TO OTHER LAWS.—

(1) Section 2301(4)(C) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6671(4)(C)) is amended by 

striking ‘‘Naval Reserve’’ and inserting ‘‘Navy Reserve’’. 

(2) The Merchant Marine Act, 1936 is amended—

(A) by striking ‘‘Naval Reserve’’ each place it appears 

in sections 301(b) (46 U.S.C. App. 1131(b)), 1303 (46 U.S.C. 


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App. 1295b), and 1304 (46 U.S.C. App. 1295c) and inserting ‘‘Navy Reserve’’; and 

(B) by striking ‘‘NAVAL RESERVE’’ in sections 1303(c) 

and 1304(h) and inserting ‘‘NAVY RESERVE’’: 

(3) The Military Selective Service Act is amended—

(A) in section 6(a)(1) (50 U.S.C. App. 456(a)(1)), by 

striking ‘‘United States Naval Reserves’’ and inserting 

‘‘members of the United States Navy Reserve’’; and 

(B) in section 16(i) (50 U.S.C. App. 466(i)), by striking 

‘‘Naval Reserve’’ and inserting ‘‘Navy Reserve’’. 

(h) OTHER REFERENCES.—Any reference in any law, regulation, 

document, record, or other paper of the United States to the Naval 

Reserve, other than a reference to the Naval Reserve regarding the 

United States Naval Reserve Retired List, shall be considered to be 

a reference to the Navy Reserve. 

SEC. 516. CLARIFICATION OF CERTAIN AUTHORITIES RELATING TO 

THE COMMISSION ON THE NATIONAL GUARD AND RESERVES. 

(a) NATURE OF COMMISSION.—Subsection (a) of section 513 of 

the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 1880) is amended by 

inserting ‘‘in the legislative branch’’ after ‘‘There is established’’. 

(b) PAY OF MEMBERS.—Subsection (e)(1) of such section is 

amended by striking ‘‘except that’’ and all that follows through the 

end and inserting ‘‘except that—

‘‘(A) in applying the first sentence of subsection (a) of section 957 of such Act to the Commission, ‘may’ shall be substituted for ‘shall’; and 

‘‘(B) in applying subsections (a), (c)(2), and (e) of section 

957 of such Act to the Commission, ‘level IV of the Executive 

Schedule’ shall be substituted for ‘level V of the Executive 

Schedule’.’’. 

(c) TECHNICAL AMENDMENT.—Subsection (c)(2)(C) of such section is amended by striking ‘‘section 404(a)(4)’’ and inserting ‘‘section 416(a)(4)’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 28, 2004, as if included in the enactment of the Ronald W. Reagan National Defense Authorization Act 

for Fiscal Year 2005. 

SEC. 517. REPORT ON EMPLOYMENT MATTERS FOR MEMBERS OF THE 

RESERVE COMPONENTS. 

(a) REQUIREMENT FOR REPORT.—Not later than 270 days after 

the date of the enactment of this Act, the Comptroller General shall 

submit to Congress a report on problems faced by members of the 

reserve components with respect to employment as a result of being 

ordered to perform full-time National Guard duty or being ordered 

to active duty. 

(b) SPECIFIC MATTERS.—In preparing the report under subsection (a), the Comptroller General shall include the following: 

(1) TYPE OF EMPLOYERS.—An estimate of the number of employers of members of the reserve components who are privatesector employers and the number who are public-sector employers. 


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(2) SIZE OF EMPLOYERS.—An estimate of the number of employers of members of the reserve components who employ fewer 

than 50 full-time employees. 

(3) SELF-EMPLOYED.—An estimate of the number of members of the reserve components who are self-employed. 

(4) NATURE OF BUSINESS.—A description of the nature of 

the business of employers of members of the reserve components. 

(5) REEMPLOYMENT DIFFICULTIES.—A description of difficulties faced by members of the reserve components in gaining 

reemployment after having performed full-time National Guard 

duty or active duty, including difficulties faced by members who 

are disabled as a result of their service. 

SEC. 518. DEFENSE SCIENCE BOARD STUDY ON DEPLOYMENT OF MEMBERS OF THE NATIONAL GUARD AND RESERVES IN THE 

GLOBAL WAR ON TERRORISM. 

(a) STUDY REQUIRED.—The Defense Science Board shall conduct a study on the length and frequency of the deployment of members of the National Guard and the Reserves as a result of the global war on terrorism. 

(b) ELEMENTS.—The study required by subsection (a) shall include the following: 

(1) An identification of the current range of lengths and frequencies of deployments of members of the National Guard and 

the Reserves. 

(2) An assessment of the consequences for force structure, 

morale, and mission capability of deployments of members of 

the National Guard and the Reserves in the course of the global 

war on terrorism that are lengthy, frequent, or both. 

(3) An identification of the optimal length and frequency of 

deployments of members of the National Guard and the Reserves during the global war on terrorism. 

(4) An identification of mechanisms to reduce the length, 

frequency, or both of deployments of members of the National 

Guard and the Reserves during the global war on terrorism. 

(c) REPORT.—Not later than May 1, 2006, the Defense Science 

Board shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the study required by subsection (a). The report 

shall include the results of the study and such recommendations as 

the Defense Science Board considers appropriate in light of the 

study. 

SEC. 519. SENSE OF CONGRESS ON CERTAIN MATTERS RELATING TO 

THE NATIONAL GUARD AND RESERVES. 

It is the sense of Congress—

(1) to recognize the important and integral role played by 

members of the Active Guard and Reserve and military technicians (dual status) in the efforts of the Armed Forces; and 

(2) to urge the Secretary of Defense to promptly resolve 

issues relating to appropriate authority for payment of reenlistment bonuses stemming from reenlistment contracts entered 

into between January 14, 2005, and April 17, 2005, involving 

members of the Army National Guard and military technicians 

(dual status). 


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SEC. 520. PILOT PROGRAM ON ENHANCED QUALITY OF LIFE FOR MEMBERS OF THE ARMY RESERVE AND THEIR FAMILIES. 

(a) PILOT PROGRAM REQUIRED.—

(1) IN GENERAL.—The Secretary of the Army shall carry out 

a pilot program to assess the feasibility and advisability of 

using a coalition of military and civilian community personnel 

in order to enhance the quality of life for members of the Army 

Reserve and their families. 

(2) LOCATIONS.—The Secretary shall carry out the pilot 

program in areas of the United States in which members of the 

Army Reserve and their families are concentrated. The Secretary shall select one area in two States for purposes of the 

pilot program. 

(b) PARTICIPATING PERSONNEL.—A coalition of personnel under 

the pilot program shall include—

(1) military personnel; and 

(2) appropriate members of the civilian community, such as 

clinicians and teachers, who volunteer for participation in the 

coalition. 

(c) REPORT.—Not later than April 1, 2007, the Secretary shall 

submit to the Committee on Armed Services of the Senate and the 

Committee on Armed Services of the House of Representatives a report on the pilot program carried out under this section. The report 

shall include—

(1) a description of the pilot program; 

(2) an assessment of the benefits of using a coalition of 

military and civilian community personnel in order to enhance 

the quality of life for members of the Army Reserve and their 

families; and 

(3) such recommendations for legislative or administrative 

action as the Secretary considers appropriate in light of the 

pilot program. 

Subtitle C—Education and Training 

PART I—DEPARTMENT OF DEFENSE 

SCHOOLS GENERALLY 

SEC. 521. AUTHORITY FOR NATIONAL DEFENSE UNIVERSITY AWARD 

OF DEGREE OF MASTER OF SCIENCE IN JOINT CAMPAIGN 

PLANNING AND STRATEGY. 

(a) JOINT FORCES STAFF COLLEGE PROGRAM.—Section 2163 of 

title 10, United States Code, is amended to read as follows: 

‘‘§ 2163. National Defense University: master of science degrees 

‘‘(a) AUTHORITY TO AWARD SPECIFIED DEGREES.—The President 

of the National Defense University, upon the recommendation of the 

faculty of the respective college or other school within the University, 

may confer the master of science degrees specified in subsection (b). 

‘‘(b) AUTHORIZED DEGREES.—The following degrees may be 

awarded under subsection (a): 

‘‘(1) MASTER OF SCIENCE IN NATIONAL SECURITY STRATEGY.—The degree of master of science in national security stratVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00134 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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egy, to graduates of the University who fulfill the requirements 

of the program of the National War College. 

‘‘(2) MASTER OF SCIENCE IN NATIONAL RESOURCE STRATEGY.—The degree of master of science in national resource strategy, to graduates of the University who fulfill the requirements 

of the program of the Industrial College of the Armed Forces. 

‘‘(3) MASTER OF SCIENCE IN JOINT CAMPAIGN PLANNING AND

STRATEGY.—The degree of master of science in joint campaign 

planning and strategy, to graduates of the University who fulfill the requirements of the program of the Joint Advanced 

Warfighting School at the Joint Forces Staff College. 

‘‘(c) REGULATIONS.—The authority provided by this section shall 

be exercised under regulations prescribed by the Secretary of Defense.’’. 

(b) CLERICAL AMENDMENT.—The item relating to section 2163 

in the table of sections at the beginning of chapter 108 of such title 

is amended to read as follows: 

‘‘2163. National Defense University: master of science degrees.’’. 

(c) EFFECTIVE DATE.—Paragraph (3) of section 2163(b) of title 

10, United States Code, as amended by subsection (a), shall take effect for degrees awarded after May 2005. 

SEC. 522. AUTHORITY FOR CERTAIN PROFESSIONAL MILITARY EDUCATION SCHOOLS TO RECEIVE FACULTY RESEARCH 

GRANTS FOR CERTAIN PURPOSES. 

(a) NATIONAL DEFENSE UNIVERSITY.—Section 2165 of title 10, 

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

new subsection: 

‘‘(e) ACCEPTANCE OF FACULTY RESEARCH GRANTS.—(1) The Secretary of Defense may authorize the President of the National Defense University to accept qualifying research grants. Any such 

grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of one of the institutions comprising the University for a scientific, literary, or educational purpose. 

‘‘(2) A qualifying research grant under this subsection is a grant 

that is awarded on a competitive basis by an entity referred to in 

paragraph (3) for a research project with a scientific, literary, or 

educational purpose. 

‘‘(3) A grant may be accepted under this subsection only from 

a corporation, fund, foundation, educational institution, or similar 

entity that is organized and operated primarily for scientific, literary, or educational purposes. ‘‘(4) The Secretary shall establish an account for administering 

funds received as research grants under this subsection. The President of the University shall use the funds in the account in accordance with applicable provisions of the regulations and the terms 

and condition of the grants received. 

‘‘(5) Subject to such limitations as may be provided in appropriations Acts, appropriations available for the National Defense 

University may be used to pay expenses incurred by the University 

in applying for, and otherwise pursuing, the award of qualifying research grants. 

‘‘(6) The Secretary shall prescribe regulations for the administration of this subsection.’’. 


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(b) ARMY WAR COLLEGE.—

(1) IN GENERAL.—Chapter 407 of such title is amended by 

adding at the end the following new section: 

‘‘§ 4417. United States Army War College: acceptance of 

grants for faculty research for scientific, literary, 

and educational purposes 

‘‘(a) ACCEPTANCE OF RESEARCH GRANTS.—The Secretary of the 

Army may authorize the Commandant of the United States Army 

War College to accept qualifying research grants. Any such grant 

may only be accepted if the work under the grant is to be carried 

out by a professor or instructor of the College for a scientific, literary, or educational purpose. 

‘‘(b) QUALIFYING GRANTS.—A qualifying research grant under 

this section is a grant that is awarded on a competitive basis by an 

entity referred to in subsection (c) for a research project with a scientific, literary, or educational purpose. 

‘‘(c) ENTITIES FROM WHICH GRANTS MAY BE ACCEPTED.—A 

grant may be accepted under this section only from a corporation, 

fund, foundation, educational institution, or similar entity that is 

organized and operated primarily for scientific, literary, or educational purposes. 

‘‘(d) ADMINISTRATION OF GRANT FUNDS.—The Secretary shall 

establish an account for administering funds received as research 

grants under this section. The Commandant shall use the funds in 

the account in accordance with applicable provisions of the regulations and the terms and condition of the grants received. 

‘‘(e) RELATED EXPENSES.—Subject to such limitations as may be 

provided in appropriations Acts, appropriations available for the 

Army War College may be used to pay expenses incurred by the College in applying for, and otherwise pursuing, the award of qualifying research grants. 

‘‘(f) REGULATIONS.—The Secretary shall prescribe regulations 

for the administration of this section.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the 

following new item: 

‘‘4417. United States Army War College: acceptance of grants for faculty research for 

scientific, literary, and educational purposes.’’. 

(c) UNITED STATES NAVAL POSTGRADUATE SCHOOL.—

(1) IN GENERAL.—Chapter 605 of such title is amended by 

adding at the end the following new section: 

‘‘§ 7050. Grants for faculty research for scientific, literary, 

and educational purposes: acceptance; authorized 

grantees 

‘‘(a) ACCEPTANCE OF RESEARCH GRANTS.—The Secretary of the 

Navy may authorize the President of the Naval Postgraduate School 

to accept qualifying research grants. Any such grant may only be 

accepted if the work under the grant is to be carried out by a professor or instructor of the School for a scientific, literary, or educational purpose. 

‘‘(b) QUALIFYING GRANTS.—A qualifying research grant under 

this section is a grant that is awarded on a competitive basis by an 


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109 

entity referred to in subsection (c) for a research project with a scientific, literary, or educational purpose. ‘‘(c) ENTITIES FROM WHICH GRANTS MAY BE ACCEPTED.—A 

grant may be accepted under this section only from a corporation, 

fund, foundation, educational institution, or similar entity that is 

organized and operated primarily for scientific, literary, or educational purposes. ‘‘(d) ADMINISTRATION OF GRANT FUNDS.—The Secretary shall 

establish an account for administering funds received as research 

grants under this section. The President of the Naval Postgraduate 

School shall use the funds in the account in accordance with applicable provisions of the regulations and the terms and condition of 

the grants received. ‘‘(e) RELATED EXPENSES.—Subject to such limitations as may be 

provided in appropriations Acts, appropriations available for the 

Naval Postgraduate School may be used to pay expenses incurred 

by the School in applying for, and otherwise pursuing, the award 

of qualifying research grants. ‘‘(f) REGULATIONS.—The Secretary shall prescribe regulations 

for the administration of this section.’’. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the 

following new item: 

‘‘7050. Grants for faculty research for scientific, literary, and educational purposes: 

acceptance, authorized grantees.’’. 

(d) NAVAL WAR COLLEGE AND MARINE CORPS UNIVERSITY.— (1) IN GENERAL.—Chapter 609 of such title is amended by 

adding at the end the following new sections: 

‘‘§ 7103. Naval War College: acceptance of grants for faculty 

research for scientific, literary, and educational 

purposes 

‘‘(a) ACCEPTANCE OF RESEARCH GRANTS.—The Secretary of the 

Navy may authorize the President of the Naval War College to accept qualifying research grants. Any such grant may only be accepted if the work under the grant is to be carried out by a professor 

or instructor of the College for a scientific, literary, or educational 

purpose. ‘‘(b) QUALIFYING GRANTS.—A qualifying research grant under 

this section is a grant that is awarded on a competitive basis by an 

entity referred to in subsection (c) for a research project with a scientific, literary, or educational purpose. ‘‘(c) ENTITIES FROM WHICH GRANTS MAY BE ACCEPTED.—A 

grant may be accepted under this section only from a corporation, 

fund, foundation, educational institution, or similar entity that is 

organized and operated primarily for scientific, literary, or educational purposes. 

‘‘(d) ADMINISTRATION OF GRANT FUNDS.—The Secretary shall 

establish an account for administering funds received as research 

grants under this section. The President of the Naval War College 

shall use the funds in the account in accordance with applicable 

provisions of the regulations and the terms and condition of the 

grants received. 

‘‘(e) RELATED EXPENSES.—Subject to such limitations as may be 

provided in appropriations Acts, appropriations available for the 


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110 

Naval War College may be used to pay expenses incurred by the College in applying for, and otherwise pursuing, the award of qualifying research grants. ‘‘(f) REGULATIONS.—The Secretary shall prescribe regulations 

for the administration of this section. 

‘‘§ 7104. Marine Corps University: acceptance of grants for 

faculty research for scientific, literary, and educational purposes 

‘‘(a) ACCEPTANCE OF RESEARCH GRANTS.—The Secretary of the 

Navy may authorize the President of the Marine Corps University 

to accept qualifying research grants. Any such grant may only be 

accepted if the work under the grant is to be carried out by a professor or instructor of one of the institutions comprising the University for a scientific, literary, or educational purpose. ‘‘(b) QUALIFYING GRANTS.—A qualifying research grant under 

this section is a grant that is awarded on a competitive basis by an 

entity referred to in subsection (c) for a research project with a scientific, literary, or educational purpose. ‘‘(c) ENTITIES FROM WHICH GRANTS MAY BE ACCEPTED.—A 

grant may be accepted under this section only from a corporation, 

fund, foundation, educational institution, or similar entity that is 

organized and operated primarily for scientific, literary, or educational purposes. ‘‘(d) ADMINISTRATION OF GRANT FUNDS.—The Secretary shall 

establish an account for administering funds received as research 

grants under this section. The President of the Marine Corps University shall use the funds in the account in accordance with applicable provisions of the regulations and the terms and condition of 

the grants received. ‘‘(e) RELATED EXPENSES.—Subject to such limitations as may be 

provided in appropriations Acts, appropriations available for the 

Marine Corps University may be used to pay expenses incurred by 

the University in applying for, and otherwise pursuing, the award 

of qualifying research grants. 

‘‘(f) REGULATIONS.—The Secretary shall prescribe regulations 

for the administration of this section.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the 

following new items: 

‘‘7103. Naval War College: acceptance of grants for faculty research for scientific, literary, and educational purposes. 

‘‘7104. Marine Corps University: acceptance of grants for faculty research for scientific, literary, and educational purposes.’’. 

(e) UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY.—

Section 9314 of such title is amended by adding at the end the following new subsection: 

‘‘(d) ACCEPTANCE OF RESEARCH GRANTS.—(1) The Secretary of 

the Air Force may authorize the Commandant of the United States 

Air Force Institute of Technology to accept qualifying research 

grants. Any such grant may only be accepted if the work under the 

grant is to be carried out by a professor or instructor of the Institute 

for a scientific, literary, or educational purpose. 

‘‘(2) A qualifying research grant under this subsection is a grant 

that is awarded on a competitive basis by an entity referred to in 


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111 

paragraph (3) for a research project with a scientific, literary, or 

educational purpose. 

‘‘(3) A grant may be accepted under this subsection only from 

a corporation, fund, foundation, educational institution, or similar 

entity that is organized and operated primarily for scientific, literary, or educational purposes. 

‘‘(4) The Secretary shall establish an account for administering 

funds received as research grants under this section. The Commandant of the Institute shall use the funds in the account in accordance with applicable provisions of the regulations and the terms 

and condition of the grants received. 

‘‘(5) Subject to such limitations as may be provided in appropriations Acts, appropriations available for the Institute may be 

used to pay expenses incurred by the Institute in applying for, and 

otherwise pursuing, the award of qualifying research grants. 

‘‘(6) The Secretary shall prescribe regulations for the administration of this subsection.’’. 

(f) AIR WAR COLLEGE.—

(1) IN GENERAL.—Chapter 907 of such title is amended by 

adding at the end the following new section: 

‘‘§ 9417. Air War College: acceptance of grants for faculty research for scientific, literary, and educational purposes 

‘‘(a) ACCEPTANCE OF RESEARCH GRANTS.—The Secretary of the 

Air Force may authorize the Commandant of the Air War College 

to accept qualifying research grants. Any such grant may only be 

accepted if the work under the grant is to be carried out by a professor or instructor of the College for a scientific, literary, or educational purpose. 

‘‘(b) QUALIFYING GRANTS.—A qualifying research grant under 

this section is a grant that is awarded on a competitive basis by an 

entity referred to in subsection (c) for a research project with a scientific, literary, or educational purpose. 

‘‘(c) ENTITIES FROM WHICH GRANTS MAY BE ACCEPTED.—A 

grant may be accepted under this section only from a corporation, 

fund, foundation, educational institution, or similar entity that is 

organized and operated primarily for scientific, literary, or educational purposes. 

‘‘(d) ADMINISTRATION OF GRANT FUNDS.—The Secretary shall 

establish an account for administering funds received as research 

grants under this section. The Commandant shall use the funds in 

the account in accordance with applicable provisions of the regulations and the terms and condition of the grants received. 

‘‘(e) RELATED EXPENSES.—Subject to such limitations as may be 

provided in appropriations Acts, appropriations available for the 

Air War College may be used to pay expenses incurred by the College in applying for, and otherwise pursuing, the award of qualifying research grants. 

‘‘(f) REGULATIONS.—The Secretary shall prescribe regulations 

for the administration of this section.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the 

following new item: 


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‘‘9417. Air War College: acceptance of grants for faculty research for scientific, literary, and educational purposes.’’. 

PART II—UNITED STATES NAVAL 

POSTGRADUATE SCHOOL 

SEC. 523. REVISION TO MISSION OF THE NAVAL POSTGRADUATE 

SCHOOL. 

(a) INCLUSION OF PROFESSIONAL EDUCATION AND RESEARCH

OPPORTUNITIES.—The text of section 7041 of title 10, United States 

Code, is amended to read as follows: ‘‘ There is a United States Naval Postgraduate School, the primary function of which is to provide advanced instruction and professional and technical education and research opportunities for 

commissioned officers of the naval service in— ‘‘(1) their practical and theoretical duties; 

‘‘(2) the science, physics, and systems engineering of current 

and future naval warfare doctrine, operations, and systems; 

and ‘‘(3) the integration of naval operations and systems into 

joint, combined, and multinational operations.’’. (b) CONFORMING AMENDMENT.—Section 7042(b)(1) of such title 

is amended by striking ‘‘and technical education of students’’ and 

inserting ‘‘and professional and technical education of students and 

the provision of research opportunities for students’’. 

SEC. 524. MODIFICATION OF ELIGIBILITY FOR POSITION OF PRESIDENT OF THE NAVAL POSTGRADUATE SCHOOL. 

Subsection (a) of section 7042 of title 10, United States Code, 

is amended to read as follows: ‘‘(a)(1) The President of the Naval Postgraduate School shall be 

one of the following: ‘‘(A) An officer of the Navy in a grade not below the grade 

of captain who is detailed to such position. 

‘‘(B) A civilian individual having qualifications appropriate 

to the position of President of the Naval Postgraduate School 

who is assigned to such position. 

‘‘(2) The President of the Naval Postgraduate School shall be 

detailed or assigned to such position by the Secretary of the Navy, 

upon the recommendation of the Chief of Naval Operations. 

‘‘(3) An individual assigned to the position of President of the 

Naval Postgraduate School under paragraph (1)(B) shall serve in 

that position for a term of not more than five years and may be reassigned to that position for an additional term of up to five years. 

‘‘(4) The qualifications appropriate for selection for detail or assignment to the position of President of the Naval Postgraduate 

School include the following: 

‘‘(A) A doctorate degree in a field of study relevant to the 

mission and function of the Naval Postgraduate School, in the 

case of a civilian, or a doctorate or master’s degree in such a 

field of study, in the case of an officer of the Navy. 

‘‘(B) A comprehensive understanding of the Navy, the Department of Defense, and joint and combined operations. 

‘‘(C) Leadership experience at the senior level in a large and 

diverse organization. 


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‘‘(D) Demonstrated ability to foster and encourage a program of research in order to sustain academic excellence. 

‘‘(E) Other qualifications, as determined by the Secretary of 

the Navy.’’. 

SEC. 525. INCREASED ENROLLMENT FOR ELIGIBLE DEFENSE INDUSTRY EMPLOYEES IN THE DEFENSE PRODUCT DEVELOPMENT PROGRAM AT NAVAL POSTGRADUATE SCHOOL. 

Section 7049(a) of title 10, United States Code, is amended—

(1) by inserting ‘‘and systems engineering’’ after ‘‘curriculum related to defense product development’’; and 

(2) by striking ‘‘10’’ and inserting ‘‘25’’. 

SEC. 526. INSTRUCTION FOR ENLISTED PERSONNEL BY THE NAVAL 

POSTGRADUATE SCHOOL. 

(a) EXPANDED ELIGIBILITY FOR INSTRUCTION.—Section 7045 of 

title 10, United States Code, is amended—

(1) in subsection (a)(2)—

(A) by redesignating subparagraph (C) as subparagraph (D); 

(B) by inserting after subparagraph (B) the following 

new subparagraph (C): 

‘‘(C) The Secretary may permit an eligible enlisted 

member of the Navy or Marine Corps to receive instruction 

from the Postgraduate School in certificate programs and 

courses required for the performance of the member’s duties.’’; and 

(C) in subparagraph (D), as so redesignated, by striking ‘‘(A) and (B)’’ and inserting ‘‘(A), (B), and (C)’’; and 

(2) in subsection (b)(2), by striking ‘‘(a)(2)(C)’’ and inserting 

‘‘(a)(2)(D)’’. 

(b) LIMITATION ON DEGREE AWARDS.—Such section is further 

amended by adding at the end the following new subsection: 

‘‘(d) The Secretary may not award a baccalaureate, masters, or 

doctorate degree to an enlisted member based upon instruction received at the Postgraduate School under subsection (a)(2)(C).’’. 

(c) REPORT ON RATIONALE AND PLANS OF THE NAVY TO PROVIDE

ENLISTED MEMBERS AN OPPORTUNITY TO OBTAIN GRADUATE DEGREES.—The Secretary of the Navy shall submit to the Committee 

on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the plans, if any, 

of the Secretary, and the rationale for those plans, for a program 

to provide enlisted members of the Navy with opportunities to pursue graduate degree programs either through Navy schools or paid 

for by the Navy in return for an additional service obligation. The 

report shall include the following: 

(1) The underlying philosophy and objectives supporting a 

decision to provide opportunities for graduate degrees to enlisted members of the Navy. 

(2) An overall description of how the award of a graduate 

degree to an enlisted member would fit in an integrated, progressive, coordinated, and systematic way into the goals and requirements of the Navy for enlisted career development and for 

professional education, together with a discussion of a wider requirement, if any, for programs for the award of associate and 

baccalaureate degrees to enlisted members, particularly in the 


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career fields under consideration for the pilot program referred 

to in subsection (d). 

(3) A discussion of the scope and details of the plan to ensure that Navy enlisted members have the requisite academic 

baccalaureate degrees as a prerequisite for undertaking graduate-level work. 

(4) Identification of the specific enlisted career fields for 

which the Secretary has determined that a graduate degree 

should be a requirement, as well as the rationale for that determination. 

(5) A description of the concept of the Secretary for the process and mechanism of providing graduate degrees to enlisted 

members, including, at a minimum, the Secretary’s plan for 

whether the degree programs would be provided through civilian or military degree-granting institutions and whether 

through in-resident or distance learning or some combination 

thereof. 

(6) A description of the plan to ensure proper and effective 

utilization of enlisted members following the award of a graduate degree. 

(d) PLAN FOR PILOT PROGRAM.—In addition to the report under 

subsection (c), the Secretary of the Navy may submit a plan for a 

pilot program to make available opportunities to pursue graduate 

degree programs to a limited number of Navy enlisted members in 

a specific, limited set of critical career fields. Such a plan shall include, as a minimum, the following: 

(1) The specific objectives of the pilot program. 

(2) An identification of the specific enlisted career fields 

from which candidates for the program would be drawn, the 

numbers and prerequisite qualifications of initial candidates, 

and the process for selecting the enlisted members who would 

initially participate. 

(3) The process and mechanism for providing the degrees, 

described in the same manner as specified under subsection 

(c)(5), and a general description of course content. 

(4) An analysis of the cost effectiveness of using Navy, other 

service, or civilian degree granting institutions in the program. 

(5) The plan for post-graduation utilization of the enlisted 

members who obtain graduate degrees under the program. 

(6) The criteria and plan for assessing whether the objectives of the program are met. 

PART III—RESERVE OFFICERS’

TRAINING CORPS 

SEC. 531. REPEAL OF LIMITATION ON AMOUNT OF FINANCIAL ASSISTANCE UNDER ROTC SCHOLARSHIP PROGRAMS. 

(a) GENERAL ROTC PROGRAM.—Section 2107(c) of title 10, 

United States Code, is amended—

(1) by striking paragraph (4); and 

(2) in paragraph (5)(B), by striking ‘‘, (3), or (4)’’ and inserting ‘‘or (3)’’. 

(b) ARMY RESERVE AND ARMY NATIONAL GUARD PROGRAM.—

Section 2107a(c) of such title is amended by striking paragraph (3). 


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(c) EFFECTIVE DATE.—Paragraph (4) of section 2107(c) of title 

10, United States Code, and paragraph (3) of section 2107a(c) of 

such title, as in effect on the day before the date of the enactment 

of this Act, shall continue to apply in the case of any individual selected before the date of the enactment of this Act for appointment 

as a cadet or midshipman under section 2107 or 2107a of such title. 

SEC. 532. INCREASE IN ANNUAL LIMIT ON NUMBER OF ROTC SCHOLARSHIPS UNDER ARMY RESERVE AND NATIONAL GUARD 

PROGRAM . 

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

striking ‘‘208’’ and inserting ‘‘416’’. 

SEC. 533. PROCEDURES FOR SUSPENDING FINANCIAL ASSISTANCE 

AND SUBSISTENCE ALLOWANCE FOR SENIOR ROTC CADETS AND MIDSHIPMEN ON THE BASIS OF HEALTH-RELATED CONDITIONS. 

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

Code, is amended by adding at the end the following new subsection: 

‘‘(j)(1) Payment of financial assistance under this section for, 

and payment of a monthly subsistence allowance under section 209 

of title 37 to, a cadet or midshipman appointed under this section 

may be suspended on the basis of health-related incapacity of the 

cadet or midshipman only in accordance with regulations prescribed under paragraph (2). 

‘‘(2) The Secretary of Defense shall prescribe in regulations the 

policies and procedures for suspending payments under paragraph 

(1). The regulations shall apply uniformly to all of the military departments. The regulations shall include the following matters: 

‘‘(A) The standards of health-related fitness that are to be 

applied. 

‘‘(B) Requirements for—

‘‘(i) the health-related condition and prognosis of a 

cadet or midshipman to be determined, in relation to the 

applicable standards prescribed under subparagraph (A), 

by a health care professional on the basis of a medical examination of the cadet or midshipman; and 

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

the determinations made under clause (i) with respect to 

such condition in deciding whether to suspend payment in 

the case of such cadet or midshipman on the basis of that 

condition. 

‘‘(C) A requirement for the Secretary concerned to transmit 

to a cadet or midshipman proposed for suspension under this 

subsection a notification of the proposed suspension together 

with the determinations made under subparagraph (B)(i) in the 

case of the proposed suspension. 

‘‘(D) A procedure for a cadet or midshipman proposed for 

suspension under this subsection to submit a written response 

to the proposal for suspension, including any supporting information. 

‘‘(E) Requirements for—

‘‘(i) one or more health-care professionals to review, in 

the case of such a response of a cadet or midshipman, each 

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sponse, taking into consideration the matters submitted in 

such response; and 

‘‘(ii) the Secretary concerned to take into consideration 

the determinations made under clause (i) with respect to 

such condition in making a final decision regarding whether to suspend payment in the case of such cadet or midshipman on the basis of that condition, and the conditions 

under which such suspension may be lifted.’’. 

(b) TIME FOR PROMULGATION OF REGULATIONS.—The Secretary 

of Defense shall prescribe the regulations required under subsection 

(j) of section 2107 of title 10, United States Code (as added by subsection (a)), not later than May 1, 2006. 

SEC. 534. ELIGIBILITY OF UNITED STATES NATIONALS FOR APPOINTMENT TO THE SENIOR RESERVE OFFICERS’ TRAINING 

CORPS. 

(a) IN GENERAL.—Section 2107(b)(1) of title 10, United States 

Code, is amended by inserting ‘‘or national’’ after ‘‘citizen’’. 

(b) ARMY RESERVE OFFICERS TRAINING PROGRAMS.—Section 

2107a(b)(1)(A) of such title is amended by inserting ‘‘or national’’

after ‘‘citizen’’. 

(c) ELIGIBILITY FOR APPOINTMENT AS COMMISSIONED OFFICERS.—Section 532(f) of such title is amended by inserting ‘‘, or for 

a United States national otherwise eligible for appointment as a 

cadet or midshipman under section 2107(a) of this title or as a 

cadet under section 2107a of this title,’’ after ‘‘for permanent residence’’. 

SEC. 535. PROMOTION OF FOREIGN LANGUAGE SKILLS AMONG MEMBERS OF THE RESERVE OFFICERS’ TRAINING CORPS. 

(a) IN GENERAL.—The Secretary of Defense shall support the acquisition of foreign language skills among cadets and midshipmen 

in the Reserve Officers’ Training Corps, including through the development and implementation of—

(1) incentives for cadets and midshipmen to participate in 

study of a foreign language, including special emphasis for Arabic, Chinese, and other ‘‘strategic languages’’, as defined by the 

Secretary of Defense in consultation with other relevant agencies; and 

(2) a recruiting strategy to target foreign language speakers, including members of heritage communities, to participate 

in the Reserve Officers’ Training Corps. 

(b) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary shall submit to the Committee on Armed Services the Senate and the Committee on Armed 

Services of the House of Representatives a report on the actions 

taken to carry out this section. 

SEC. 536. DESIGNATION OF IKE SKELTON EARLY COMMISSIONING 

PROGRAM SCHOLARSHIPS. 

Section 2107a of title 10, United States Code, is amended by 

adding at the end the following new subsection: 

‘‘(j) Financial assistance provided under this section to a cadet 

appointed at a military junior college is designated as, and shall be 

known as, an ‘Ike Skelton Early Commissioning Program Scholarship’.’’. 


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PART IV—OTHER MATTERS 

SEC. 537. ENHANCEMENT OF EDUCATIONAL LOAN REPAYMENT AUTHORITIES. 

(a) ADDITIONAL LOANS ELIGIBLE FOR REPAYMENT.—Paragraph 

(1) of section 2171(a) of title 10, United States Code, is amended—

(1) in subparagraph (B), by striking ‘‘or’’ at the end; 

(2) in subparagraph (C), by striking the period at the end 

and inserting ‘‘; or’’; and 

(3) by inserting after subparagraph (C) the following new 

subparagraph: 

‘‘(D) any loan incurred for educational purposes made by a 

lender that is—

‘‘(i) an agency or instrumentality of a State; 

‘‘(ii) a financial or credit institution (including an insurance company) that is subject to examination and supervision by an agency of the United States or any State; 

‘‘(iii) a pension fund approved by the Secretary for purposes of this section; or 

‘‘(iv) a non-profit private entity designated by a State, 

regulated by such State, and approved by the Secretary for 

purposes of this section.’’. 

(b) ELIGIBILITY OF OFFICERS.—Paragraph (2) of such section is 

amended by striking ‘‘an enlisted member in a military specialty’’

and inserting ‘‘a member in an officer program or military specialty’’. 

SEC. 538. PAYMENT OF EXPENSES OF MEMBERS OF THE ARMED 

FORCES TO OBTAIN PROFESSIONAL CREDENTIALS. 

(a) IN GENERAL.—Chapter 101 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 2015. Payment of expenses to obtain professional credentials 

‘‘(a) AUTHORITY.—The Secretary of Defense and the Secretary of 

Homeland Security, with respect to the Coast Guard when it is not 

operating as a service in the Navy, may pay for—

‘‘(1) expenses for members of the armed forces to obtain professional credentials, including expenses for professional accreditation, State-imposed and professional licenses, and professional certification; and 

‘‘(2) examinations to obtain such credentials. 

‘‘(b) LIMITATION.—The authority under subsection (a) may not 

be used to pay the expenses of a member to obtain professional credentials that are a prerequisite for appointment in the armed 

forces.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘2015. Payment of expenses to obtain professional credentials.’’. 


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SEC. 539. USE OF RESERVE MONTGOMERY GI BILL BENEFITS AND BENEFITS FOR MOBILIZED MEMBERS OF THE SELECTED RESERVE AND NATIONAL GUARD FOR PAYMENTS FOR LICENSING OR CERTIFICATION TESTS. 

(a) CHAPTER 1606.—Section 16131 of title 10, United States 

Code, is amended by adding at the end the following new subsection: 

‘‘(j)(1) Subject to paragraph (3), the amount of educational assistance payable under this chapter for a licensing or certification 

test described in section 3452(b) of title 38 is the lesser of $2,000 or 

the fee charged for the test. 

‘‘(2) The number of months of entitlement charged in the case 

of any individual for such licensing or certification test is equal to 

the number (including any fraction) determined by dividing the 

total amount of educational assistance paid such individual for 

such test by the full-time monthly institutional rate of educational 

assistance which, but for paragraph (1), such individual would otherwise be paid under subsection (b). 

‘‘(3) In no event shall payment of educational assistance under 

this subsection for such a test exceed the amount of the individual’s 

available entitlement under this chapter.’’. 

(b) CHAPTER 1607.—Section 16162 of such title is amended by 

adding at the end the following new subsection: 

‘‘(e) AVAILABILITY OF ASSISTANCE FOR LICENSING AND CERTIFICATION TESTS.—The provisions of section 16131(j) of this title shall 

apply to the provision of educational assistance under this chapter, 

except that, in applying such section under this chapter, the reference to subsection (b) in paragraph (2) of such section is deemed 

to be a reference to subsection (c) of this section.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to a licensing or certification test administered on or 

after the date of the enactment of this Act. 

SEC. 540. MODIFICATION OF EDUCATIONAL ASSISTANCE FOR RESERVES SUPPORTING CONTINGENCY AND OTHER OPERATIONS. 

(a) OFFICIAL RECEIVING ELECTIONS OF BENEFITS.—Section 

16163(e) of title 10, United States Code, is amended by striking 

‘‘Secretary concerned’’ and inserting ‘‘Secretary of Veterans Affairs’’. (b) EXCEPTION TO IMMEDIATE TERMINATION OF ASSISTANCE.— Section 16165 of such title is amended— (1) by striking ‘‘Educational assistance’’ and inserting ‘‘(a) 

IN GENERAL.—Except as provided in subsection (b), educational 

assistance’’; and 

(2) by adding at the end the following new subsection: ‘‘(b) EXCEPTION.—Under regulations prescribed by the Secretary 

of Defense, educational assistance may be provided under this chapter to a member of the Selected Reserve of the Ready Reserve who 

incurs a break in service in the Selected Reserve of not more than 

90 days if the member continues to serve in the Ready Reserve during and after such break in service.’’. 

Subtitle D—General Service Requirements 

SEC. 541. GROUND COMBAT AND OTHER EXCLUSION POLICIES. 

(a) IN GENERAL.—


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(1) Chapter 37 of title 10, United States Code, is amended 

by inserting after section 651 the following new section: 

‘‘§ 652. Notice to Congress of proposed changes in units, assignments, etc. to which female members may be assigned 

‘‘(a) RULE FOR GROUND COMBAT PERSONNEL POLICY.—(1) If the 

Secretary of Defense proposes to make any change described in 

paragraph (2)(A) or (2)(B) to the ground combat exclusion policy or 

proposes to make a change described in paragraph (2)(C), the Secretary shall, before any such change is implemented, submit to Congress a report providing notice of the proposed change. Such a 

change may then be implemented only after the end of a period of 

30 days of continuous session of Congress (excluding any day on 

which either House of Congress is not in session) following the date 

on which the report is received. 

‘‘(2) A change referred to in paragraph (1) is a change that—

‘‘(A) closes to female members of the armed forces any 

category of unit or position that at that time is open to service by such members; 

‘‘(B) opens to service by female members of the armed 

forces any category of unit or position that at that time is 

closed to service by such members; or 

‘‘(C) opens or closes to the assignment of female members of the armed forces any military career designator as 

described in paragraph (6). 

‘‘(3) The Secretary shall include in any report under paragraph 

(1)—

‘‘(A) a detailed description of, and justification for, the 

proposed change; and 

‘‘(B) a detailed analysis of legal implication of the proposed change with respect to the constitutionality of the application of the Military Selective Service Act (50 App. 

U.S.C. 451 et seq.) to males only. 

‘‘(4) In this subsection, the term ‘ground combat exclusion policy’ means the military personnel policies of the Department of Defense and the military departments, as in effect on October 1, 1994, 

by which female members of the armed forces are restricted from assignment to units and positions below brigade level whose primary 

mission is to engage in direct combat on the ground. 

‘‘(5) For purposes of this subsection, the continuity of a session 

of Congress is broken only by an adjournment of the Congress sine 

die. 

‘‘(6) For purposes of this subsection, a military career designator is one that is related to military operations on the ground as 

of May 18, 2005, and applies—

‘‘(A) for enlisted members and warrant officers, to military 

occupational specialties, specialty codes, enlisted designators, 

enlisted classification codes, additional skill identifiers, and 

special qualification identifiers; and 

‘‘(B) for officers (other than warrant officers), to officer 

areas of concentration, occupational specialties, specialty codes, 

designators, additional skill identifiers, and special qualification identifiers. 


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‘‘(b) OTHER PERSONNEL POLICY CHANGES.—(1) Except in a case 

covered by section 6035 of this title or by subsection (a), whenever 

the Secretary of Defense proposes to make a change to military personnel policies described in paragraph (2), the Secretary shall, not 

less than 30 days before such change is implemented, submit to the 

Committee on Armed Services of the Senate and the Committee on 

Armed Services of the House of Representatives notice, in writing, 

of the proposed change. 

‘‘(2) Paragraph (1) applies to a proposed military personnel policy change, other than a policy change covered by subsection (a), 

that would make available to female members of the armed forces 

assignment to any of the following that, as of the date of the proposed change, is closed to such assignment: 

‘‘(A) Any type of unit not covered by subsection (a). 

‘‘(B) Any class of combat vessel. 

‘‘(C) Any type of combat platform.’’. 

(2) The table of sections at the beginning of such chapter 

is amended by inserting after the item relating to section 651 

the following new item: 

‘‘652. Notice to Congress of proposed changes in units, assignments, etc. to which female members may be assigned.’’. 

(b) REPORT ON IMPLEMENTATION OF DEPARTMENT OF DEFENSE

POLICIES WITH REGARD TO THE ASSIGNMENT OF WOMEN.—Not later 

than March 31, 2006, the Secretary of Defense shall submit to the 

Committee on Armed Services of the Senate and the Committee on 

Armed Services of the House of Representatives a report of the Secretary’s review of the current and future implementation of the policy regarding the assignment of women as articulated in the Secretary of Defense memorandum, dated January 13, 1994, and entitled, ‘‘Direct Ground Combat Definition and Assignment Rule’’. In 

conducting that review, the Secretary shall closely examine Army 

unit modularization efforts, and associated personnel assignment 

policies, to ensure their compliance with the Department of Defense 

policy articulated in the January 1994 memorandum. 

(c) CONFORMING REPEAL.—Section 542 of the National Defense 

Authorization Act for Fiscal Year 1994 (10 U.S.C. 113 note) is repealed. 

SEC. 542. UNIFORM CITIZENSHIP OR RESIDENCY REQUIREMENTS FOR 

ENLISTMENT IN THE ARMED FORCES. 

(a) UNIFORM REQUIREMENTS.—Section 504 of title 10, United 

States Code, is amended—

(1) by inserting ‘‘(a) INSANITY, DESERTION, FELONS, ETC.—

’’ before ‘‘No person’’; and 

(2) by adding at the end the following new subsection: 

‘‘(b) CITIZENSHIP OR RESIDENCY.—(1) A person may be enlisted 

in any armed force only if the person is one of the following: 

‘‘(A) A national of the United States, as defined in section 

101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 

1101(a)(22)). ‘‘(B) An alien who is lawfully admitted for permanent residence, as defined in section 101(a)(20) of the Immigration and 

Nationality Act (8 U.S.C. 1101(a)(20)). ‘‘(C) A person described in section 341 of one of the following compacts: 


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‘‘(i) The Compact of Free Association between the Federated States of Micronesia and the United States (section 

201(a) of Public Law 108–188 (117 Stat. 2784; 48 U.S.C. 

1921 note)). 

‘‘(ii) The Compact of Free Association between the Republic of the Marshall Islands and the United States (section 201(b) of Public Law 108–188 (117 Stat. 2823; 48 

U.S.C. 1921 note)). 

‘‘(iii) The Compact of Free Association between Palau 

and the United States (section 201 of Public Law 99–658 

(100 Stat. 3678; 48 U.S.C. 1931 note)). 

‘‘(2) Notwithstanding paragraph (1), the Secretary concerned 

may authorize the enlistment of a person not described in paragraph (1) if the Secretary determines that such enlistment is vital 

to the national interest.’’. 

(b) REPEAL OF SUPERSEDED LIMITATIONS FOR THE ARMY AND

AIR FORCE.—

(1) REPEAL.—Sections 3253 and 8253 of such title are repealed. 

(2) CLERICAL AMENDMENTS.—The table of sections at the 

beginning of chapter 333 of such title is amended by striking 

the item relating to section 3253. The table of sections at the beginning of chapter 833 of such title is amended by striking the 

item relating to section 8253. 

SEC. 543. INCREASE IN MAXIMUM AGE FOR ENLISTMENT. 

Section 505(a) of title 10, United States Code, is amended by 

striking ‘‘thirty-five years of age’’ and inserting ‘‘forty-two years of 

age’’. 

SEC. 544. INCREASE IN MAXIMUM TERM OF ORIGINAL ENLISTMENT IN 

REGULAR COMPONENT. 

Section 505(c) of title 10, United States Code, is amended by 

striking ‘‘six years’’ and inserting ‘‘eight years’’. 

SEC. 545. NATIONAL CALL TO SERVICE PROGRAM. 

(a) LIMITATION TO DOMESTIC NATIONAL SERVICE PROGRAMS.—

Subsection (c)(3)(D) of section 510 of title 10, United States Code, 

is amended by striking ‘‘in the Peace Corps, Americorps, or another 

national service program’’ and inserting ‘‘in Americorps or another 

domestic national service program’’. 

(b) EXTENSION OF QUALIFYING SERVICE FOR INITIAL MILITARY

SERVICE UNDER PROGRAM.—Subsection (d) of such title section is 

amended by inserting before the period at the end the following: 

‘‘and shall include military occupational specialties for enlistments 

for officer training and subsequent service as an officer, in cases in 

which the reason for the enlistment and entry into an agreement 

under subsection (b) is to enter an officer training program’’. 

(c) ADMINISTRATION OF EDUCATION INCENTIVES BY SECRETARY

OF VETERANS AFFAIRS.—Paragraph (2) of subsection (h) of such section is amended to read as follows: 

‘‘(2)(A) Educational assistance under paragraphs (3) or (4) of 

subsection (e) shall be provided through the Department of Veterans 

Affairs under an agreement to be entered into by the Secretary of 

Defense and the Secretary of Veterans Affairs. The agreements shall 

include administrative procedures to ensure the prompt and timely 


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transfer of funds from the Secretary concerned to the Secretary of 

Veterans Affairs for the making of payments under this section. 

‘‘(B) Except as otherwise provided in this section, the provisions 

of sections 503, 511, 3470, 3471, 3474, 3476, 3482(g), 3483, and 

3485 of title 38 and the provisions of subchapters I and II of chapter 

36 of such title (with the exception of sections 3686(a), 3687, and 

3692) shall be applicable to the provision of educational assistance 

under this chapter. The term ‘eligible veteran’ and the term ‘person’, 

as used in those provisions, shall be deemed for the purpose of the 

application of those provisions to this section to refer to a person eligible for educational assistance under paragraph (3) or (4) of subsection (e).’’. 

SEC. 546. REPORTS ON INFORMATION PROVIDED TO POTENTIAL RECRUITS AND TO NEW ENTRANTS INTO THE ARMED 

FORCES ON ‘‘STOP LOSS’’ AUTHORITIES AND INITIAL PERIOD OF MILITARY SERVICE OBLIGATION. 

(a) REPORT ON INFORMATION PROVIDED TO POTENTIAL RECRUITS.—

(1) IN GENERAL.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the actions being taken to ensure that each individual 

being recruited for service in the Armed Forces is provided, before making a formal enlistment in the Armed Forces, precise 

and detailed information on the period or periods of service to 

which such individual may be obligated by reason of enlistment 

in the Armed Forces, including any revisions to Department of 

Defense Form 4/1. 

(2) ELEMENTS.—The report under paragraph (1) shall include—

(A) a description of how the Department informs enlistees in the Armed Forces on—

(i) the so-called ‘‘stop loss’’ authority and the manner in which exercise of such authority could affect the 

duration of an individual’s service on active duty in 

the Armed Forces; 

(ii) the authority for the call or order to active duty 

of members of the Individual Ready Reserve and the 

manner in which such a call or order to active duty 

could affect an individual following the completion of 

the individual’s expected period of service on active 

duty or in the Individual Ready Reserve; and 

(iii) any other authorities applicable to the call or 

order to active duty of the Reserves, or of the retention 

of members of the Armed Forces on active duty, that 

could affect the period of service of an individual on 

active duty or in the Armed Forces; and 

(B) such other information as the Secretary considers 

appropriate. 

(b) REPORT ON INFORMATION PROVIDED TO NEW ENTRANTS AND

OTHER SERVICE MEMBERS.— (1) IN GENERAL.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

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mittee on Armed Services of the House of Representatives a report on the actions being taken to ensure that each individual 

covered by section 651(a) of title 10, United States Code, is provided, upon commencing that person’s initial period of service 

as a member of the Armed Forces and at other points during 

a military career, precise information regarding the date on 

which the initial service obligation of that person under such 

section ends. 

(2) ELEMENTS OF REPORT.—The report under subsection (a) 

shall include the following: 

(A) A description of how the Department notifies members of the Armed Forces of—

(i) the completion date of their military service obligation upon entry in the Armed Forces; 

(ii) the expiration of their military service obligation; and 

(iii) before the expiration of a member’s military 

service obligation, the opportunity, if the member is 

qualified and serving in the Individual Ready Reserve, 

to continue voluntarily in the Ready Reserve or to 

transfer to an active component. 

(B) A description of the policy and procedures of the 

Department of Defense regarding the involuntary recall or 

mobilization of members serving in the Individual Ready 

Reserve beyond the date of expiration of their military service obligation. 

(C) Such other information as the Secretary considers 

appropriate. 

Subtitle E—Military Justice and Legal 

Assistance Matters 

SEC. 551. OFFENSE OF STALKING UNDER THE UNIFORM CODE OF MILITARY JUSTICE. 

(a) ESTABLISHMENT OF OFFENSE.—

(1) NEW PUNITIVE ARTICLE.—Subchapter X of chapter 47 of 

title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 920 (article 120) the 

following new section: 

‘‘§ 920a. Art. 120a. Stalking 

‘‘(a) Any person subject to this section—

‘‘(1) who wrongfully engages in a course of conduct directed 

at a specific person that would cause a reasonable person to 

fear death or bodily harm, including sexual assault, to himself 

or herself or a member of his or her immediate family; 

‘‘(2) who has knowledge, or should have knowledge, that the 

specific person will be placed in reasonable fear of death or bodily harm, including sexual assault, to himself or herself or a 

member of his or her immediate family; and 

‘‘(3) whose acts induce reasonable fear in the specific person 

of death or bodily harm, including sexual assault, to himself or 

herself or to a member of his or her immediate family; 


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is guilty of stalking and shall be punished as a court-martial may 

direct. 

‘‘(b) In this section: 

‘‘(1) The term ‘course of conduct’ means—

‘‘(A) a repeated maintenance of visual or physical proximity to a specific person; or 

‘‘(B) a repeated conveyance of verbal threat, written 

threats, or threats implied by conduct, or a combination of 

such threats, directed at or toward a specific person. 

‘‘(2) The term ‘repeated’, with respect to conduct, means two 

or more occasions of such conduct. 

‘‘(3) The term ‘immediate family’, in the case of a specific 

person, means a spouse, parent, child, or sibling of the person, 

or any other family member, relative, or intimate partner of the 

person who regularly resides in the household of the person or 

who within the six months preceding the commencement of the 

course of conduct regularly resided in the household of the person.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by inserting after the 

item relating to section 920 the following new item: 

‘‘920a. 120a. Stalking.’’. 

(b) APPLICABILITY.—Section 920a of title 10, United States Code 

(article 120a of the Uniform Code of Military Justice), as added by 

subsection (a), applies to offenses committed after the date that is 

180 days after the date of the enactment of this Act. 

SEC. 552. RAPE, SEXUAL ASSAULT, AND OTHER SEXUAL MISCONDUCT 

UNDER UNIFORM CODE OF MILITARY JUSTICE. 

(a) REVISION TO UCMJ.—

(1) IN GENERAL.—Section 920 of title 10, United States 

Code (article 120 of the Uniform Code of Military Justice), is 

amended to read as follows: 

‘‘§ 920. Art. 120. Rape, sexual assault, and other sexual misconduct 

‘‘(a) RAPE.—Any person subject to this chapter who causes another person of any age to engage in a sexual act by—

‘‘(1) using force against that other person; 

‘‘(2) causing grievous bodily harm to any person; 

‘‘(3) threatening or placing that other person in fear that 

any person will be subjected to death, grievous bodily harm, or 

kidnapping; 

‘‘(4) rendering another person unconscious; or 

‘‘(5) administering to another person by force or threat of 

force, or without the knowledge or permission of that person, a 

drug, intoxicant, or other similar substance and thereby substantially impairs the ability of that other person to appraise or 

control conduct; 

is guilty of rape and shall be punished as a court-martial may direct. 

‘‘(b) RAPE OF A CHILD.—Any person subject to this chapter 

who—

‘‘(1) engages in a sexual act with a child who has not attained the age of 12 years; or 


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‘‘(2) engages in a sexual act under the circumstances described in subsection (a) with a child who has attained the age 

of 12 years; 

is guilty of rape of a child and shall be punished as a court-martial 

may direct. ‘‘(c) AGGRAVATED SEXUAL ASSAULT.—Any person subject to this 

chapter who— ‘‘(1) causes another person of any age to engage in a sexual 

act by— ‘‘(A) threatening or placing that other person in fear 

(other than by threatening or placing that other person in 

fear that any person will be subjected to death, grievous 

bodily harm, or kidnapping); or ‘‘(B) causing bodily harm; or ‘‘(2) engages in a sexual act with another person of any age 

if that other person is substantially incapacitated or substantially incapable of— ‘‘(A) appraising the nature of the sexual act; 

‘‘(B) declining participation in the sexual act; or 

‘‘(C) communicating unwillingness to engage in the sexual act; 

is guilty of aggravated sexual assault and shall be punished as a 

court-martial may direct. ‘‘(d) AGGRAVATED SEXUAL ASSAULT OF A CHILD.—Any person 

subject to this chapter who engages in a sexual act with a child who 

has attained the age of 12 years is guilty of aggravated sexual assault of a child and shall be punished as a court-martial may direct. ‘‘(e) AGGRAVATED SEXUAL CONTACT.—Any person subject to this 

chapter who engages in or causes sexual contact with or by another 

person, if to do so would violate subsection (a) (rape) had the sexual 

contact been a sexual act, is guilty of aggravated sexual contact and 

shall be punished as a court-martial may direct. ‘‘(f) AGGRAVATED SEXUAL ABUSE OF A CHILD.—Any person subject to this chapter who engages in a lewd act with a child is guilty 

of aggravated sexual abuse of a child and shall be punished as a 

court-martial may direct. 

‘‘(g) AGGRAVATED SEXUAL CONTACT WITH A CHILD.—Any person 

subject to this chapter who engages in or causes sexual contact with 

or by another person, if to do so would violate subsection (b) (rape 

of a child) had the sexual contact been a sexual act, is guilty of aggravated sexual contact with a child and shall be punished as a 

court-martial may direct. ‘‘(h) ABUSIVE SEXUAL CONTACT.—Any person subject to this 

chapter who engages in or causes sexual contact with or by another 

person, if to do so would violate subsection (c) (aggravated sexual 

assault) had the sexual contact been a sexual act, is guilty of abusive sexual contact and shall be punished as a court-martial may 

direct. ‘‘(i) ABUSIVE SEXUAL CONTACT WITH A CHILD.—Any person subject to this chapter who engages in or causes sexual contact with or 

by another person, if to do so would violate subsection (d) (aggravated sexual assault of a child) had the sexual contact been a sexual 

act, is guilty of abusive sexual contact with a child and shall be 

punished as a court-martial may direct. 


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‘‘(j) INDECENT LIBERTY WITH A CHILD.—Any person subject to 

this chapter who engages in indecent liberty in the physical presence 

of a child—

‘‘(1) with the intent to arouse, appeal to, or gratify the sexual desire of any person; or ‘‘(2) with the intent to abuse, humiliate, or degrade any person; 

is guilty of indecent liberty with a child and shall be punished as 

a court-martial may direct. ‘‘(k) INDECENT ACT.—Any person subject to this chapter who engages in indecent conduct is guilty of an indecent act and shall be 

punished as a court-martial may direct. ‘‘(l) FORCIBLE PANDERING.—Any person subject to this chapter 

who compels another person to engage in an act of prostitution with 

another person to be directed to said person is guilty of forcible pandering and shall be punished as a court-martial may direct. 

‘‘(m) WRONGFUL SEXUAL CONTACT.—Any person subject to this 

chapter who, without legal justification or lawful authorization, engages in sexual contact with another person without that other person’s permission is guilty of wrongful sexual contact and shall be 

punished as a court-martial may direct. 

‘‘(n) INDECENT EXPOSURE.—Any person subject to this chapter 

who intentionally exposes, in an indecent manner, in any place 

where the conduct involved may reasonably be expected to be viewed 

by people other than members of the actor’s family or household, the 

genitalia, anus, buttocks, or female areola or nipple is guilty of indecent exposure and shall by punished as a court-martial may direct. ‘‘(o) AGE OF CHILD.—

‘‘(1) TWELVE YEARS.—In a prosecution under subsection (b) 

(rape of a child), subsection (g) (aggravated sexual contact with 

a child), or subsection (j) (indecent liberty with a child), it need 

not be proven that the accused knew that the other person engaging in the sexual act, contact, or liberty had not attained the 

age of 12 years. It is not an affirmative defense that the accused 

reasonably believed that the child had attained the age of 12 

years. ‘‘(2) SIXTEEN YEARS.—In a prosecution under subsection (d) 

(aggravated sexual assault of a child), subsection (f) (aggravated sexual abuse of a child), subsection (i) (abusive sexual 

contact with a child), or subsection (j) (indecent liberty with a 

child), it need not be proven that the accused knew that the 

other person engaging in the sexual act, contact, or liberty had 

not attained the age of 16 years. Unlike in paragraph (1), however, it is an affirmative defense that the accused reasonably believed that the child had attained the age of 16 years. 

‘‘(p) PROOF OF THREAT.—In a prosecution under this section, in 

proving that the accused made a threat, it need not be proven that 

the accused actually intended to carry out the threat. ‘‘(q) MARRIAGE.— ‘‘(1) IN GENERAL.—In a prosecution under paragraph (2) of 

subsection (c) (aggravated sexual assault), or under subsection 

(d) (aggravated sexual assault of a child), subsection (f) (aggravated sexual abuse of a child), subsection (i) (abusive sexual 

contact with a child), subsection (j) (indecent liberty with a 


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child), subsection (m) (wrongful sexual contact), or subsection 

(n) (indecent exposure), it is an affirmative defense that the accused and the other person when they engaged in the sexual act, 

sexual contact, or sexual conduct are married to each other. 

‘‘(2) DEFINITION.—For purposes of this subsection, a marriage is a relationship, recognized by the laws of a competent 

State or foreign jurisdiction, between the accused and the other 

person as spouses. A marriage exists until it is dissolved in accordance with the laws of a competent State or foreign jurisdiction. 

‘‘(3) EXCEPTION.—Paragraph (1) shall not apply if the 

accused’s intent at the time of the sexual conduct is to abuse, 

humiliate, or degrade any person. 

‘‘(r) CONSENT AND MISTAKE OF FACT AS TO CONSENT.—Lack of 

permission is an element of the offense in subsection (m) (wrongful 

sexual contact). Consent and mistake of fact as to consent are not 

an issue, or an affirmative defense, in a prosecution under any other 

subsection, except they are an affirmative defense for the sexual conduct in issue in a prosecution under subsection (a) (rape), subsection 

(c) (aggravated sexual assault), subsection (e) (aggravated sexual 

contact), and subsection (h) (abusive sexual contact). 

‘‘(s) OTHER AFFIRMATIVE DEFENSES NOT PRECLUDED.—The 

enumeration in this section of some affirmative defenses shall not 

be construed as excluding the existence of others. 

‘‘(t) DEFINITIONS.—In this section: 

‘‘(1) SEXUAL ACT.—The term ‘sexual act’ means—

‘‘(A) contact between the penis and the vulva, and for 

purposes of this subparagraph contact involving the penis 

occurs upon penetration, however slight; or 

‘‘(B) the penetration, however slight, of the genital 

opening of another by a hand or finger or by any object, 

with an intent to abuse, humiliate, harass, or degrade any 

person or to arouse or gratify the sexual desire of any person. 

‘‘(2) SEXUAL CONTACT.—The term ‘sexual contact’ means the 

intentional touching, either directly or through the clothing, of 

the genitalia, anus, groin, breast, inner thigh, or buttocks of another person, or intentionally causing another person to touch, 

either directly or through the clothing, the genitalia, anus, 

groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, or degrade any person or to arouse or 

gratify the sexual desire of any person. 

‘‘(3) GRIEVOUS BODILY HARM.—The term ‘grievous bodily 

harm’ means serious bodily injury. It includes fractured or dislocated bones, deep cuts, torn members of the body, serious 

damage to internal organs, and other severe bodily injuries. It 

does not include minor injuries such as a black eye or a bloody 

nose. It is the same level of injury as in section 928 (article 128) 

of this chapter, and a lesser degree of injury than in section 

2246(4) of title 18. 

‘‘(4) DANGEROUS WEAPON OR OBJECT.—The term ‘dangerous 

weapon or object’ means—

‘‘(A) any firearm, loaded or not, and whether operable 

or not; 


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‘‘(B) any other weapon, device, instrument, material, or 

substance, whether animate or inanimate, that in the manner it is used, or is intended to be used, is known to be capable of producing death or grievous bodily harm; or 

‘‘(C) any object fashioned or utilized in such a manner 

as to lead the victim under the circumstances to reasonably 

believe it to be capable of producing death or grievous bodily harm. 

‘‘(5) FORCE.—The term ‘force’ means action to compel submission of another or to overcome or prevent another’s resistance by—

‘‘(A) the use or display of a dangerous weapon or object; 

‘‘(B) the suggestion of possession of a dangerous weapon or object that is used in a manner to cause another to 

believe it is a dangerous weapon or object; or 

‘‘(C) physical violence, strength, power, or restraint applied to another person, sufficient that the other person 

could not avoid or escape the sexual conduct. 

‘‘(6) THREATENING OR PLACING THAT OTHER PERSON IN

FEAR.—The term ‘threatening or placing that other person in 

fear’ under paragraph (3) of subsection (a) (rape), or under subsection (e) (aggravated sexual contact), means a communication 

or action that is of sufficient consequence to cause a reasonable 

fear that non-compliance will result in the victim or another 

person being subjected to death, grievous bodily harm, or kidnapping. 

‘‘(7) THREATENING OR PLACING THAT OTHER PERSON IN

FEAR.—

‘‘(A) IN GENERAL.—The term ‘threatening or placing 

that other person in fear’ under paragraph (1)(A) of subsection (c) (aggravated sexual assault), or under subsection 

(h) (abusive sexual contact), means a communication or action that is of sufficient consequence to cause a reasonable 

fear that non-compliance will result in the victim or another being subjected to a lesser degree of harm than death, 

grievous bodily harm, or kidnapping. 

‘‘(B) INCLUSIONS.—Such lesser degree of harm includes—

‘‘(i) physical injury to another person or to another 

person’s property; or 

‘‘(ii) a threat—

‘‘(I) to accuse any person of a crime; 

‘‘(II) to expose a secret or publicize an asserted 

fact, whether true or false, tending to subject some 

person to hatred, contempt or ridicule; or 

‘‘(III) through the use or abuse of military position, rank, or authority, to affect or threaten to 

affect, either positively or negatively, the military 

career of some person. 

‘‘(8) BODILY HARM.—The term ‘bodily harm’ means any offensive touching of another, however slight. 

‘‘(9) CHILD.—The term ‘child’ means any person who has 

not attained the age of 16 years. 

‘‘(10) LEWD ACT.—The term ‘lewd act’ means—


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‘‘(A) the intentional touching, not through the clothing, 

of the genitalia of another person, with an intent to abuse, 

humiliate, or degrade any person, or to arouse or gratify 

the sexual desire of any person; or ‘‘(B) intentionally causing another person to touch, not 

through the clothing, the genitalia of any person with an 

intent to abuse, humiliate or degrade any person, or to 

arouse or gratify the sexual desire of any person. 

‘‘(11) INDECENT LIBERTY.—The term ‘indecent liberty’ means indecent conduct, but physical contact is not required. It 

includes one who with the requisite intent exposes one’s genitalia, anus, buttocks, or female areola or nipple to a child. An 

indecent liberty may consist of communication of indecent language as long as the communication is made in the physical 

presence of the child. If words designed to excite sexual desire 

are spoken to a child, or a child is exposed to or involved in 

sexual conduct, it is an indecent liberty; the child’s consent is 

not relevant. ‘‘(12) INDECENT CONDUCT.—The term ‘indecent conduct’

means that form of immorality relating to sexual impurity 

which is grossly vulgar, obscene, and repugnant to common 

propriety, and tends to excite sexual desire or deprave morals 

with respect to sexual relations. Indecent conduct includes observing, or making a videotape, photograph, motion picture, 

print, negative, slide, or other mechanically, electronically, or 

chemically reproduced visual material, without another person’s 

consent, and contrary to that other person’s reasonable expectation of privacy, of—

‘‘(A) that other person’s genitalia, anus, or buttocks, or 

(if that other person is female) that person’s areola or nipple; or 

‘‘(B) that other person while that other person is engaged in a sexual act, sodomy (under section 925 (article 

125)), or sexual contact. 

‘‘(13) ACT OF PROSTITUTION.—The term ‘act of prostitution’ means a sexual act, sexual contact, or lewd act for the purpose 

of receiving money or other compensation. ‘‘(14) CONSENT.—The term ‘consent’ means words or overt 

acts indicating a freely given agreement to the sexual conduct 

at issue by a competent person. An expression of lack of consent 

through words or conduct means there is no consent. Lack of 

verbal or physical resistance or submission resulting from the 

accused’s use of force, threat of force, or placing another person 

in fear does not constitute consent. A current or previous dating 

relationship by itself or the manner of dress of the person involved with the accused in the sexual conduct at issue shall not 

constitute consent. A person cannot consent to sexual activity 

if— ‘‘(A) under 16 years of age; or 

‘‘(B) substantially incapable of—

‘‘(i) appraising the nature of the sexual conduct at 

issue due to—

‘‘(I) mental impairment or unconsciousness resulting from consumption of alcohol, drugs, a similar substance, or otherwise; or 


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‘‘(II) mental disease or defect which renders 

the person unable to understand the nature of the 

sexual conduct at issue; 

‘‘(ii) physically declining participation in the sexual conduct at issue; or 

‘‘(iii) physically communicating unwillingness to 

engage in the sexual conduct at issue. 

‘‘(15) MISTAKE OF FACT AS TO CONSENT.—The term ‘mistake 

of fact as to consent’ means the accused held, as a result of ignorance or mistake, an incorrect belief that the other person engaging in the sexual conduct consented. The ignorance or mistake must have existed in the mind of the accused and must 

have been reasonable under all the circumstances. To be reasonable the ignorance or mistake must have been based on information, or lack of it, which would indicate to a reasonable person that the other person consented. Additionally, the ignorance 

or mistake cannot be based on the negligent failure to discover 

the true facts. Negligence is the absence of due care. Due care 

is what a reasonably careful person would do under the same 

or similar circumstances. The accused’s state of intoxication, if 

any, at the time of the offense is not relevant to mistake of fact. 

A mistaken belief that the other person consented must be that 

which a reasonably careful, ordinary, prudent, sober adult 

would have had under the circumstances at the time of the offense. 

‘‘(16) AFFIRMATIVE DEFENSE.—The term ‘affirmative defense’ means any special defense which, although not denying 

that the accused committed the objective acts constituting the 

offense charged, denies, wholly, or partially, criminal responsibility for those acts. The accused has the burden of proving the 

affirmative defense by a preponderance of evidence. After the 

defense meets this burden, the prosecution shall have the burden of proving beyond a reasonable doubt that the affirmative 

defense did not exist.’’. 

(2) CLERICAL AMENDMENT.—The item relating to section 

920 (article 120) in the table of sections at the beginning of subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended to read as follows: 

‘‘920. 120. Rape, sexual assault, and other sexual misconduct.’’. 

(b) INTERIM MAXIMUM PUNISHMENTS.—Until the President otherwise provides pursuant to section 856 of title 10, United States 

Code (article 56 of the Uniform Code of Military Justice), the punishment which a court-martial may direct for an offense under section 920 of such title (article 120 of the Uniform Code of Military 

Justice), as amended by subsection (a), may not exceed the following 

limits: 

(1) SUBSECTIONS (a) AND (b).—For an offense under subsection (a) (rape) or subsection (b) (rape of a child), death or 

such other punishment as a court-martial may direct. 

(2) SUBSECTION (c).—For an offense under subsection (c) 

(aggravated sexual assault), dishonorable discharge, forfeiture 

of all pay and allowances, and confinement for 30 years. 

(3) SUBSECTIONS (d) AND (e).—For an offense under subsection (d) (aggravated sexual assault of a child) or subsection 


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(e) (aggravated sexual contact), dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years. 

(4) SUBSECTIONS (f) AND (g).—For an offense under subsection (f) (aggravated sexual abuse of a child) or subsection (g) 

(aggravated sexual contact with a child), dishonorable discharge, forfeiture of all pay and allowances, and confinement 

for 15 years. 

(5) SUBSECTIONS (h) THROUGH (j).—For an offense under 

subsection (h) (abusive sexual contact), subsection (i) (abusive 

sexual contact with a child), or subsection (j) (indecent liberty 

with a child), dishonorable discharge, forfeiture of all pay and 

allowances, and confinement for 7 years. 

(6) SUBSECTIONS (k) AND (l).—For an offense under subsection (k) (indecent act) or subsection (l) (forcible pandering), 

dishonorable discharge, forfeiture of all pay and allowances, 

and confinement for 5 years. 

(7) SUBSECTIONS (m) AND (n).—For an offense under subsection (m) (wrongful sexual contact) or subsection (n) (indecent 

exposure), dishonorable discharge, forfeiture of all pay and allowances, and confinement for one year. 

(c) APPLICABILITY.—Section 920 of title 10, United States Code 

(article 120 of the Uniform Code of Military Justice), as amended 

by subsection (a), shall apply with respect to offenses committed on 

or after the effective date specified in subsection (f). 

(d) AGGRAVATING FACTORS FOR OFFENSE OF MURDER.—Section 

918 of title 10, United States Code (article 118 of the Uniform Code 

of Military Justice), is amended in paragraph (4) by striking ‘‘rape,’’

and inserting ‘‘rape, rape of a child, aggravated sexual assault, aggravated sexual assault of a child, aggravated sexual contact, aggravated sexual abuse of a child, aggravated sexual contact with a 

child,’’. 

(e) STATUTE OF LIMITATIONS.—Section 843(a) of title 10, United 

States Code (article 843(a) of the Uniform Code of Military Justice), 

as amended by section 553(a), is amended by striking ‘‘or rape,’’ and 

inserting ‘‘, rape, or rape of a child,’’. 

(f) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 1, 2007. 

SEC. 553. EXTENSION OF STATUTE OF LIMITATIONS FOR MURDER, 

RAPE, AND CHILD ABUSE OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE. 

(a) NO LIMITATION FOR MURDER OR RAPE.—Subsection (a) of 

section 843 of title 10, United States Code (article 43 of the Uniform 

Code of Military Justice), is amended by striking ‘‘or with any offense punishable by death’’ and inserting ‘‘with murder or rape, or 

with any other offense punishable by death’’. 

(b) SPECIAL RULES FOR CHILD ABUSE OFFENSES.—Subsection 

(b)(2) of such section (article) is amended—

(1) in subparagraph (A), by striking ‘‘before the child attains the age of 25 years’’ and inserting ‘‘during the life of the 

child or within five years after the date on which the offense 

was committed, whichever provides a longer period,’’; 

(2) in subparagraph (B)—

(A) in the matter preceding clause (i), by striking ‘‘sexual or physical’’; 


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(B) in clause (i), by striking ‘‘Rape or carnal knowledge’’ and inserting ‘‘Any offense’’; and 

(C) in clause (v), by striking ‘‘Indecent assault,’’ and inserting ‘‘Kidnapping; indecent assault;’’; and 

(3) by adding at the end the following new subparagraph: ‘‘(C) In subparagraph (A), the term ‘child abuse offense’ includes 

an act that involves abuse of a person who has not attained the age 

of 18 years and would constitute an offense under chapter 110 or 

117, or under section 1591, of title 18.’’. 

SEC. 554. REPORTS BY OFFICERS AND SENIOR ENLISTED MEMBERS OF 

CONVICTION OF CRIMINAL LAW. 

(a) REQUIREMENT FOR REPORTS.— (1) IN GENERAL.—The Secretary of Defense shall prescribe 

in regulations a requirement that each covered member of the 

Armed Forces shall submit to an authority in the military department concerned designated pursuant to such regulations a 

timely report of any conviction of such member by any law enforcement authority of the United States for a violation of a 

criminal law of the United States, whether or not the member 

is on active duty at the time of the conduct that provides the 

basis for the conviction. The regulations shall apply uniformly 

throughout the military departments. 

(2) COVERED MEMBERS.—In this section, the term ‘‘covered 

member of the Armed Forces’’ means a member of the Army, 

Navy, Air Force, or Marine Corps who is on the active-duty list 

or the reserve active-status list and who is— (A) an officer; or 

(B) an enlisted member in a pay grade above pay grade 

E–6. 

(b) LAW ENFORCEMENT AUTHORITY OF THE UNITED STATES.— For purposes of this section, a law enforcement authority of the 

United States includes— (1) a military or other Federal law enforcement authority; 

(2) a State or local law enforcement authority; and 

(3) such other law enforcement authorities within the 

United States as the Secretary shall specify in the regulations 

prescribed pursuant to subsection (a). 

(c) CRIMINAL LAW OF THE UNITED STATES.—

(1) IN GENERAL.—Except as provided in paragraph (2), for 

purposes of this section, a criminal law of the United States includes—

(A) any military or other Federal criminal law; 

(B) any State, county, municipal, or local criminal law 

or ordinance; and 

(C) such other criminal laws and ordinances of jurisdictions within the United States as the Secretary shall 

specify in the regulations prescribed pursuant to subsection 

(a). 

(2) EXCEPTION.—For purposes of this section, a criminal 

law of the United States shall not include a law or ordinance 

specifying a minor traffic offense (as determined by the Secretary for purposes of such regulations). 

(d) TIMELINESS OF REPORTS.—The regulations prescribed pursuant to subsection (a) shall establish requirements for the timeliness of reports under this section. 


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(e) FORWARDING OF INFORMATION.—The regulations prescribed 

pursuant to subsection (a) shall provide that, in the event a military 

department receives information that a covered member of the 

Armed Forces under the jurisdiction of another military department 

has become subject to a conviction for which a report is required by 

this section, the Secretary of the military department receiving such 

information shall, in accordance with such procedures as the Secretary of Defense shall establish in such regulations, forward such 

information to the authority in the military department having jurisdiction over such member designated pursuant to such regulations. 

(f) CONVICTIONS.—In this section, the term ‘‘conviction’’ includes 

any plea of guilty or nolo contendere. 

(g) DEADLINE FOR REGULATIONS.—The regulations required by 

subsection (a), including the requirement in subsection (e), shall go 

into effect not later than the end of the 180-day period beginning 

on the date of the enactment of this Act. 

(h) APPLICABILITY OF REQUIREMENT.—The requirement under 

the regulations required by subsection (a) that a covered member of 

the Armed Forces submit notice of a conviction shall apply only to 

a conviction that becomes final after the date of the enactment of 

this Act. 

SEC. 555. CLARIFICATION OF AUTHORITY OF MILITARY LEGAL ASSISTANCE COUNSEL TO PROVIDE MILITARY LEGAL ASSISTANCE WITHOUT REGARD TO LICENSING REQUIREMENTS. 

Section 1044 of title 10, United States Code, is amended—

(1) by redesignating subsection (d) as subsection (e); and 

(2) by inserting after subsection (c) the following new subsection (d): 

‘‘(d)(1) Notwithstanding any law regarding the licensure of attorneys, a judge advocate or civilian attorney who is authorized to 

provide military legal assistance is authorized to provide that assistance in any jurisdiction, subject to such regulations as may be 

prescribed by the Secretary concerned. ‘‘(2) Military legal assistance may be provided only by a judge 

advocate or a civilian attorney who is a member of the bar of a Federal court or of the highest court of a State. ‘‘(3) In this subsection, the term ‘military legal assistance’ includes— ‘‘(A) legal assistance provided under this section; and 

‘‘(B) legal assistance contemplated by sections 1044a, 

1044b, 1044c, and 1044d of this title.’’. 

SEC. 556. USE OF TELECONFERENCING IN ADMINISTRATIVE SESSIONS 

OF COURTS-MARTIAL. 

Section 839 of title 10, United States Code (article 39 of the 

Uniform Code of Military Justice), is amended—

(1) by redesignating subsection (b) as subsection (c); 

(2) by designating the matter following paragraph (4) of 

subsection (a) as subsection (b); and 

(3) in subsection (b), as so redesignated—

(A) by striking ‘‘These proceedings shall be conducted’’

and inserting ‘‘Proceedings under subsection (a) shall be 

conducted’’; and 

(B) by adding at the end the following new sentence: ‘‘If 

authorized by regulations of the Secretary concerned, and 


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if at least one defense counsel is physically in the presence 

of the accused, the presence required by this subsection may 

otherwise be established by audiovisual technology (such as 

videoteleconferencing technology).’’. 

SEC. 557. SENSE OF CONGRESS ON APPLICABILITY OF UNIFORM CODE 

OF MILITARY JUSTICE TO RESERVES ON INACTIVE-DUTY 

TRAINING OVERSEAS. 

It is the sense of Congress that—

(1) there should be no ambiguity about the applicability of 

the Uniform Code of Military Justice to members of the reserve 

components of the Armed Forces while such members are serving overseas under inactive-duty training orders for any period 

of time under such orders; and 

(2) the Secretary of Defense should—

(A) take action, not later than February 1, 2006, to 

clarify jurisdictional issues relating to such applicability 

under section 802 of title 10, United States Code (article 2 

of the Uniform Code of Military Justice); and 

(B) if necessary, submit to Congress a proposal for legislative action to ensure the applicability of the Uniform 

Code of Military Justice to such members. 

Subtitle F—Matters Relating to Casualties 

SEC. 561. AUTHORITY FOR MEMBERS ON ACTIVE DUTY WITH DISABILITIES TO PARTICIPATE IN PARALYMPIC GAMES. 

Section 717(a) of title 10, United States Code, is amended by 

striking ‘‘participate in—’’ and all that follows through ‘‘(2) any 

other’’ and inserting ‘‘participate in any of the following sports competitions: 

‘‘(1) The Pan-American Games and the Olympic Games, 

and qualifying events and preparatory competition for those 

games. 

‘‘(2) The Paralympic Games, if eligible to participate in 

those games, and qualifying events and preparatory competition 

for those games. 

‘‘(3) Any other’’. 

SEC. 562. POLICY AND PROCEDURES ON CASUALTY ASSISTANCE TO 

SURVIVORS OF MILITARY DECEDENTS. 

(a) COMPREHENSIVE POLICY ON CASUALTY ASSISTANCE.—

(1) POLICY REQUIRED.—Not later than August 1, 2006, the 

Secretary of Defense shall prescribe a comprehensive policy for 

the Department of Defense on the provision of casualty assistance to survivors and next of kin of members of the Armed 

Forces who die during military service (in this section referred 

to as ‘‘military decedents’’). 

(2) CONSULTATION.—The Secretary shall develop the policy 

under paragraph (1) in consultation with the Secretaries of the 

military departments, the Secretary of Veterans Affairs, and the 

Secretary of Homeland Security with respect to the Coast 

Guard. 

(3) INCORPORATION OF PAST EXPERIENCE AND PRACTICE.—

The policy developed under paragraph (1) shall be based on—


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(A) the experience and best practices of the military departments; 

(B) the recommendations of nongovernment organizations with demonstrated expertise in responding to the 

needs of survivors of military decedents; and 

(C) such other matters as the Secretary of Defense considers appropriate. 

(4) PROCEDURES.—The policy shall include procedures to be 

followed by the military departments in the provision of casualty assistance to survivors and next of kin of military decedents. The procedures shall be uniform across the military departments except to the extent necessary to reflect the traditional 

practices or customs of a particular military department. 

(b) ELEMENTS OF POLICY.—The comprehensive policy developed 

under subsection (a) shall address the following matters: 

(1) The initial notification of primary and secondary next 

of kin of the deaths of military decedents and any subsequent 

notifications of next of kin warranted by circumstances. 

(2) The transportation and disposition of remains of military decedents, including notification of survivors of the performance of autopsies. 

(3) The qualifications, assignment, training, duties, supervision, and accountability for the performance of casualty assistance responsibilities. 

(4) The relief or transfer of casualty assistance officers, including notification to survivors and next of kin of the reassignment of such officers to other duties. 

(5) Centralized, short-term and long-term case-management 

procedures for casualty assistance by each military department, 

including rapid access by survivors of military decedents and 

casualty assistance officers to expert case managers and counselors. 

(6) The provision, through a computer accessible Internet 

website and other means and at no cost to survivors of military 

decedents, of personalized, integrated information on the benefits and financial assistance available to such survivors from 

the Federal Government. 

(7) The provision, at no cost to survivors of military decedents, of legal assistance by military attorneys on matters arising from the deaths of such decedents, including tax matters, on 

an expedited, prioritized basis. 

(8) The provision of financial counseling to survivors of 

military decedents, particularly with respect to appropriate disposition of death gratuity and insurance proceeds received by 

surviving spouses, minor dependent children, and their representatives. 

(9) The provision of information to survivors and next of 

kin of military decedents on mechanisms for registering complaints about, or requests for, additional assistance related to 

casualty assistance. 

(10) Liaison with the Department of Veterans Affairs and 

the Social Security Administration in order to ensure prompt 

and accurate resolution of issues relating to benefits administered by those agencies for survivors of military decedents. 


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(11) Data collection regarding the incidence and quality of 

casualty assistance provided to survivors of military decedents, 

including surveys of such survivors and military and civilian 

members assigned casualty assistance duties. 

(c) ADOPTION BY MILITARY DEPARTMENTS.—Not later than November 1, 2006, the Secretary of each military department shall prescribe regulations, or modify current regulations, on the policies and 

procedures of such military department on the provision of casualty 

assistance to survivors and next of kin of military decedents in 

order to conform such policies and procedures to the policy developed under subsection (a). 

(d) REPORT ON IMPROVEMENT OF CASUALTY ASSISTANCE PRO- GRAMS.—Not later than December 1, 2006, the Secretary of Defense 

shall submit to the Committee on Armed Services of the Senate and 

the Committee on Armed Services of the House of Representatives a 

report that includes— (1) the assessment of the Secretary of the adequacy and sufficiency of the current casualty assistance programs of the military departments; 

(2) a plan for a system for the uniform provision to survivors of military decedents of personalized, accurate, and integrated information on the benefits and financial assistance 

available to such survivors through the casualty assistance programs of the military departments under subsection (c); and 

(3) such recommendations for other legislative or administrative action as the Secretary considers appropriate to enhance 

and improve such programs to achieve their intended purposes. 

(e) GAO REPORT.—

(1) REPORT REQUIRED.—Not later than July 1, 2006, the 

Comptroller General shall submit to the committees specified in 

subsection (d) a report on the evaluation by the Comptroller 

General of the casualty assistance programs of the Department 

of Defense and of such other departments and agencies of the 

Federal Government as provide casualty assistance to survivors 

and next of kin of military decedents. 

(2) ASSESSMENT.—The report shall include the assessment 

of the Comptroller General of the adequacy of the current policies and procedures of, and funding for, the casualty assistance 

programs covered by the report to achieve their intended purposes. 

SEC. 563. POLICY AND PROCEDURES ON ASSISTANCE TO SEVERELY 

WOUNDED OR INJURED SERVICE MEMBERS. 

(a) COMPREHENSIVE POLICY.—

(1) POLICY REQUIRED.—Not later than June 1, 2006, the 

Secretary of Defense shall prescribe a comprehensive policy for 

the Department of Defense on the provision of assistance to 

members of the Armed Forces who incur severe wounds or injuries in the line of duty (in this section referred to as ‘‘severely 

wounded or injured servicemembers’’). 

(2) CONSULTATION.—The Secretary shall develop the policy 

required by paragraph (1) in consultation with the Secretaries 

of the military departments, the Secretary of Veterans Affairs, 

and the Secretary of Labor. 

(3) INCORPORATION OF PAST EXPERIENCE AND PRACTICE.—

The policy required by paragraph (1) shall be based on—


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(A) the experience and best practices of the military departments, including the Army Wounded Warrior Program, 

the Marine Corps Marine for Life Injured Support Program, the Air Force Palace HART program, and the Navy 

Wounded Marines and Sailors Initiative; 

(B) the recommendations of nongovernment organizations with demonstrated expertise in responding to the 

needs of severely wounded or injured servicemembers; and 

(C) such other matters as the Secretary of Defense considers appropriate. 

(4) PROCEDURES AND STANDARDS.—The policy shall include 

guidelines to be followed by the military departments in the 

provision of assistance to severely wounded or injured 

servicemembers. The procedures and standards shall be uniform across the military departments except to the extent necessary to reflect the traditional practices or customs of a particular military department. The procedures and standards 

shall establish a minimum level of support and shall specify the 

duration of programs. 

(b) ELEMENTS OF POLICY.—The comprehensive policy developed 

under subsection (a) shall address the following matters: 

(1) Coordination with the Severely Injured Joint Support 

Operations Center of the Department of Defense. 

(2) Promotion of a seamless transition to civilian life for severely wounded or injured servicemembers who are or are likely 

to be separated on account of their wound or injury. 

(3) Identification and resolution of special problems or 

issues related to the transition to civilian life of severely wounded or injured servicemembers who are members of the reserve 

components. 

(4) The qualifications, assignment, training, duties, supervision, and accountability for the performance of responsibilities 

for the personnel providing assistance to severely wounded or 

injured servicemembers. 

(5) Centralized, short-term and long-term case-management 

procedures for assistance to severely wounded or injured 

servicemembers by each military department, including rapid 

access for severely wounded or injured servicemembers to case 

managers and counselors. 

(6) The provision, through a computer accessible Internet 

website and other means and at no cost to severely wounded or 

injured servicemembers, of personalized, integrated information 

on the benefits and financial assistance available to such members from the Federal Government. 

(7) The provision of information to severely wounded or injured servicemembers on mechanisms for registering complaints 

about, or requests for, additional assistance. 

(8) Participation of family members. 

(9) Liaison with the Department of Veterans Affairs and 

the Department of Labor in order to ensure prompt and accurate resolution of issues relating to benefits administered by 

those agencies for severely wounded or injured servicemembers. 

(10) Data collection regarding the incidence and quality of 

assistance provided to severely wounded or injured 

servicemembers, including surveys of such servicemembers and 


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military and civilian personnel whose assigned duties include 

assistance to severely wounded or injured servicemembers. 

(c) ADOPTION BY MILITARY DEPARTMENTS.—Not later than September 1, 2006, the Secretary of each military department shall prescribe regulations, or modify current regulations, on the policies and 

procedures of such military department on the provision of assistance to severely wounded or injured servicemembers in order to conform such policies and procedures to the policy prescribed under 

subsection (a). 

SEC. 564. DESIGNATION BY MEMBERS OF THE ARMED FORCES OF PERSONS AUTHORIZED TO DIRECT THE DISPOSITION OF 

MEMBER REMAINS. 

(a) IN GENERAL.—Not later than June 1, 2006, the Secretary of 

Defense shall complete, and the Secretaries of the military departments shall implement, Department of Defense Instruction 1300.18, 

including interim policy guidance, regarding the requirement to 

have service members designate a person authorized to direct disposition of their remains should they become a casualty. 

(b) REPORT.—Not later than July 1, 2006, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the actions taken 

by the Secretary, and by the Secretaries of the military departments, 

to carry out the requirement in subsection (a). 

Subtitle G—Assistance to Local Educational Agencies for Defense Dependents 

Education 

SEC. 571. EXPANSION OF AUTHORIZED ENROLLMENT IN DEPARTMENT 

OF DEFENSE DEPENDENTS SCHOOLS OVERSEAS. 

The Defense Dependents’ Education Act of 1978 (20 U.S.C. 931 

et seq.) is amended by inserting after section 1404 the following new 

section: 

‘‘ENROLLMENT OF CERTAIN ADDITIONAL CHILDREN ON TUITION-FREE

BASIS

‘‘SEC. 1404A. (a) ENROLLMENT AUTHORIZED.—Under regulations to be prescribed by the Secretary of Defense, the Secretary may 

authorize the enrollment in schools of the defense dependents’ education system on a tuition-free basis of the children of full-time, locally-hired employees of the Department of Defense in an overseas 

area if such employees are citizens or nationals of the United States. ‘‘(b) FUNDING.—The Secretary may use funds available for the 

defense dependents’ education system to provide for the education of 

children enrolled in the defense dependents’ education system under 

subsection (a).’’. 

SEC. 572. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES 

AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES. 

(a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF

MILITARY DEPENDENT STUDENTS.— (1) ASSISTANCE AUTHORIZED.—The Secretary of Defense 

shall provide financial assistance to an eligible local educational agency described in paragraph (2) if, without such asVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00166 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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sistance, the local educational agency will be unable (as determined by the Secretary of Defense in consultation with the Secretary of Education) to provide the students in the schools of the 

local educational agency with a level of education that is equivalent to the minimum level of education available in the schools 

of the other local educational agencies in the same State. 

(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A local educational agency is eligible for assistance under this subsection 

for a fiscal year if at least 20 percent (as rounded to the nearest 

whole percent) of the students in average daily attendance in 

the schools of the local educational agency during the preceding 

school year were military dependent students counted under 

section 8003(a)(1) of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 7703(a)(1)). 

(b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT CHANGES DUE

TO BASE CLOSURES, FORCE STRUCTURE CHANGES, OR FORCE RELOCATIONS.—

(1) ASSISTANCE AUTHORIZED.—To assist communities in 

making adjustments resulting from changes in the size or location of the Armed Forces, the Secretary of Defense shall provide 

financial assistance to an eligible local educational agency described in paragraph (2) if, during the period between the end 

of the school year preceding the fiscal year for which the assistance is authorized and the beginning of the school year immediately preceding that school year, the local educational agency 

had (as determined by the Secretary of Defense in consultation 

with the Secretary of Education) an overall increase or reduction of—

(A) not less than five percent in the average daily attendance of military dependent students in the schools of 

the local educational agency; or 

(B) not less than 250 military dependent students in 

average daily attendance in the schools of the local educational agency. 

(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A local educational agency is eligible for assistance under this subsection 

for a fiscal year if—

(A) the local educational agency is eligible for assistance under subsection (a) for the same fiscal year, or would 

have been eligible for such assistance if not for the reduction in military dependent students in schools of the local 

educational agency; and 

(B) the overall increase or reduction in military dependent students in schools of the local educational agency 

is the result of one or more of the following: 

(i) The global rebasing plan of the Department of 

Defense. 

(ii) The official creation or activation of one or 

more new military units. 

(iii) The realignment of forces as a result of the 

base closure process. 

(iv) A change in the number of housing units on a 

military installation. 

(3) CALCULATION OF AMOUNT OF ASSISTANCE.—


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(A) PRO RATA DISTRIBUTION.—The amount of the assistance provided under this subsection to a local educational agency that is eligible for such assistance for a fiscal year shall be equal to the product obtained by multiplying—(i) the per-student rate determined under subparagraph (B) for that fiscal year; by 

(ii) the net of the overall increases and reductions 

in the number of military dependent students in 

schools of the local educational agency, as determined 

under paragraph (1). 

(B) PER-STUDENT RATE.—For purposes of subparagraph (A)(i), the per-student rate for a fiscal year shall be 

equal to the dollar amount obtained by dividing—

(i) the total amount of funds made available for 

that fiscal year to provide assistance under this subsection; by 

(ii) the sum of the overall increases and reductions 

in the number of military dependent students in 

schools of all eligible local educational agencies for 

that fiscal year under this subsection. 

(C) MAXIMUM AMOUNT OF ASSISTANCE.—A local educational agency may not receive more than $1,000,000 in 

assistance under this subsection for any fiscal year. 

(4) DURATION.—Assistance may not be provided under this 

subsection after September 30, 2010. 

(c) NOTIFICATION.—Not later than June 30, 2006, and June 30 

of each fiscal year thereafter for which funds are made available to 

carry out this section, the Secretary of Defense shall notify each 

local educational agency that is eligible for assistance under this 

section for that fiscal year of— (1) the eligibility of the local educational agency for the assistance, including whether the agency is eligible for assistance 

under either subsection (a) or (b) or both subsections; and 

(2) the amount of the assistance for which the local educational agency is eligible. 

(d) DISBURSEMENT OF FUNDS.—The Secretary of Defense shall 

disburse assistance made available under this section for a fiscal 

year not later than 30 days after the date on which notification to 

the eligible local educational agencies is provided pursuant to subsection (c) for that fiscal year. 

(e) FINDING FOR FISCAL YEAR 2006.—Of the amount authorized 

to be appropriated pursuant to section 301(5) for operation and 

maintenance for Defense-wide activities—

(1) $30,000,000 shall be available only for the purpose of 

providing assistance to local educational agencies under subsection (a); and 

(2) $10,000,000 shall be available only for the purpose of 

providing assistance to local educational agencies under subsection (b). 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘base closure process’’ means the 2005 base 

closure and realignment process authorized by Defense Base 

Closure and Realignment Act of 1990 (part A of title XXIX of 

Public Law 101–510; 10 U.S.C. 2687 note) or any base closure 


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and realignment process conducted after the date of the enactment of this Act under section 2687 of title 10, United States 

Code, or any other similar law enacted after that date. 

(2) The term ‘‘local educational agency’’ has the meaning 

given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). 

(3) The term ‘‘military dependent students’’ refers to—

(A) elementary and secondary school students who are 

dependents of members of the Armed Forces; and 

(B) elementary and secondary school students who are 

dependents of civilian employees of the Department of Defense. 

(4) The term ‘‘State’’ means each of the 50 States and the 

District of Columbia. 

(g) REPEAL OF FORMER AUTHORITY.—Section 386 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 

102–484; 20 U.S.C. 7703 note) is repealed. 

SEC. 573. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES. 

Of the amount authorized to be appropriated pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $5,000,000 shall be available for payments under section 363 

of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 

Stat. 1654A–77; 20 U.S.C. 7703a). 

SEC. 574. CONTINUATION OF IMPACT AID ASSISTANCE ON BEHALF OF 

DEPENDENTS OF CERTAIN MEMBERS DESPITE CHANGE IN 

STATUS OF MEMBER. 

(a) SPECIAL RULE.—For purposes of computing the amount of 

a payment for an eligible local educational agency under subsection 

(a) of section 8003 of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 7703) for school year 2005–2006, the Secretary 

of Education shall continue to count as a child enrolled in a school 

of such agency under such subsection any child who—

(1) would be counted under paragraph (1)(B) of such subsection to determine the number of children who were in average daily attendance in the school; but 

(2) due to the deployment of both parents or legal guardians of the child, the deployment of a parent or legal guardian 

having sole custody of the child, or the death of a military parent or legal guardian while on active duty (so long as the child 

resides on Federal property (as defined in section 8013(5) of 

such Act (20 U.S.C. 7713(5))), is not eligible to be so counted. 

(b) TERMINATION.—The special rule provided under subsection 

(a) applies only so long as the children covered by such subsection 

remain in average daily attendance at a school in the same local 

educational agency they attended before their change in eligibility 

status. 

Subtitle H—Decorations and Awards 

SEC. 576. ELIGIBILITY FOR OPERATION ENDURING FREEDOM CAMPAIGN MEDAL. 

For purposes of eligibility for the campaign medal for Operation 

Enduring Freedom established pursuant to Public Law 108–234 (10 


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U.S.C. 1121 note), the beginning date of Operation Enduring Freedom is September 11, 2001. 

Subtitle I—Consumer Protection Matters 

SEC. 577. REQUIREMENT FOR REGULATIONS ON POLICIES AND PROCEDURES ON PERSONAL COMMERCIAL SOLICITATIONS ON 

DEPARTMENT OF DEFENSE INSTALLATIONS. 

(a) REQUIREMENT.—As soon as practicable after the date of the 

enactment of this Act, and not later than March 31, 2006, the Secretary of Defense shall prescribe regulations, or modify existing regulations, on the policies and procedures relating to personal commercial solicitations, including the sale of life insurance and securities, on Department of Defense installations. 

(b) REPEAL OF SUPERSEDED LIMITATIONS.—The following provisions of law are repealed: 

(1) Section 586 of the National Defense Authorization Act 

for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1493). 

(2) Section 8133 of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 1002). 

SEC. 578. CONSUMER EDUCATION FOR MEMBERS OF THE ARMED 

FORCES AND THEIR SPOUSES ON INSURANCE AND OTHER 

FINANCIAL SERVICES. 

(a) EDUCATION AND COUNSELING REQUIREMENTS.—

(1) IN GENERAL.—Chapter 50 of title 10, United States 

Code, is amended by adding at the end the following new section: 

‘‘§ 992. Consumer education: financial services 

‘‘(a) REQUIREMENT FOR CONSUMER EDUCATION PROGRAM FOR

MEMBERS.—(1) The Secretary concerned shall carry out a program 

to provide comprehensive education to members of the armed forces 

under the jurisdiction of the Secretary on—

‘‘(A) financial services that are available under law to 

members; 

‘‘(B) financial services that are routinely offered by private 

sector sources to members; 

‘‘(C) practices relating to the marketing of private sector financial services to members; 

‘‘(D) such other matters relating to financial services available to members, and the marketing of financial services to 

members, as the Secretary considers appropriate; and 

‘‘(E) such other financial practices as the Secretary considers appropriate. 

‘‘(2) Training under this subsection shall be provided to members as—

‘‘(A) a component of members initial entry orientation training; and 

‘‘(B) a component of periodically recurring required training that is provided for the members at military installations. 

‘‘(3) The training provided at a military installation under 

paragraph (2)(B) shall include information on any financial services 

marketing practices that are particularly prevalent at that military 

installation and in the vicinity. 


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‘‘(b) COUNSELING FOR MEMBERS AND SPOUSES.—(1) The Secretary concerned shall, upon request, provide counseling on financial services to each member of the armed forces, and such member’s 

spouse, under the jurisdiction of the Secretary. 

‘‘(2)(A) In the case of a military installation at which at least 

2,000 members of the armed forces on active duty are assigned, the 

Secretary concerned—

‘‘(i) shall provide counseling on financial services under 

this subsection through a full-time financial services counselor 

at such installation; and 

‘‘(ii) may provide such counseling at such installation by 

any means elected by the Secretary from among the following: 

‘‘(I) Through members of the armed forces in pay grade 

E–7 or above, or civilians, who provide such counseling as 

part of their other duties for the armed forces or the Department of Defense. 

‘‘(II) By contract, including contract for services by telephone and by the Internet. 

‘‘(III) Through qualified representatives of nonprofit organizations and agencies under formal agreements with the 

Department of Defense to provide such counseling. 

‘‘(B) In the case of any military installation not described in 

subparagraph (A), the Secretary concerned shall provide counseling 

on financial services under this subsection at such installation by 

any of the means set forth in subparagraph (A)(ii), as elected by the 

Secretary concerned. 

‘‘(3) Each financial services counselor under paragraph (2)(A)(i), 

and any other individual providing counseling on financial services 

under paragraph (2), shall be an individual who, by reason of education, training, or experience, is qualified to provide helpful counseling to members of the armed forces and their spouses on financial 

services and marketing practices described in subsection (a)(1). 

Such individual may be a member of the armed forces or an employee of the Federal Government. 

‘‘(4) The Secretary concerned shall take such action as is necessary to ensure that each financial services counselor under paragraph (2)(A)(i), and any other individual providing counseling on financial services under paragraphs (2), is free from conflicts of interest relevant to the performance of duty under this section. and, in 

the performance of that duty, is dedicated to furnishing members of 

the armed forces and their spouses with helpful information and 

counseling on financial services and related marketing practices. 

‘‘(c) LIFE INSURANCE.—In counseling a member of the armed 

forces, or spouse of a member of the armed forces, under this section 

regarding life insurance offered by a private sector source, a financial services counselor under subsection (b)(2)(A)(i), or another individual providing counseling on financial services under subsection 

(b)(2), shall furnish the member or spouse, as the case may be, with 

information on the availability of Servicemembers’ Group Life Insurance under subchapter III of chapter 19 of title 38, including information on the amounts of coverage available and the procedures 

for electing coverage and the amount of coverage. 

‘‘(d) FINANCIAL SERVICES DEFINED.—In this section, the term 

‘financial services’ includes the following: 


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‘‘(1) Life insurance, casualty insurance, and other insurance. 

‘‘(2) Investments in securities or financial instruments. 

‘‘(3) Banking, credit, loans, deferred payment plans, and 

mortgages.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the 

following new item: 

‘‘992. Consumer education: financial services.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the first day of the first month that begins more 

than 120 days after the date of the enactment of this Act. 

SEC. 579. REPORT ON PREDATORY LENDING PRACTICES DIRECTED AT 

MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the appropriate committees of Congress a report on predatory 

lending practices directed at members of the Armed Forces and 

their families. The report shall be prepared in consultation with the 

Secretary of the Treasury, the Chairman of the Federal Reserve, the 

Chairman of the Federal Deposit Insurance Corporation, and representatives of military charity organizations and consumer organizations. 

(b) ELEMENTS.—The report under subsection (a) shall include 

the following: 

(1) A description of the prevalence of predatory lending 

practices directed at members of the Armed Forces and their 

families. 

(2) An assessment of the effects of predatory lending practices on members of the Armed Forces and their families. 

(3) A description of the strategy of the Department of Defense, and of any current or planned programs of the Department, to educate members of the Armed Forces and their families regarding predatory lending practices. 

(4) A description of the strategy of the Department of Defense, and of any current or planned programs of the Department, to reduce or eliminate—

(A) the prevalence of predatory lending practices directed at members of the Armed Forces and their families; 

and 

(B) the negative effect of such practices on members of 

the Armed Forces and their families. 

(5) Recommendations for additional legislative and administrative action to reduce or eliminate predatory lending practices directed at members of the Armed Forces and their families. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate committees of Congress’’ means—

(A) the Committee on Armed Services and the Committee on Banking, Housing, and Urban Affairs of the Senate; and 


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(B) the Committee on Armed Services and the Committee on Financial Services of the House of Representatives. 

(2) The term ‘‘predatory lending practice’’ means an unfair 

or abusive loan or credit sale transaction or collection practice. 

Subtitle J—Reports and Sense of Congress 

Statements 

SEC. 581. REPORT ON NEED FOR A PERSONNEL PLAN FOR LINGUISTS 

IN THE ARMED FORCES. 

(a) NEED ASSESSMENT.—The Secretary of Defense shall review 

the career tracks of members of the Armed Forces who are linguists 

in an effort to improve the management of linguists (in enlisted 

grades or officer grades, or both) and to assist them in reaching 

their full linguistic and analytical potential over a 20-year career. 

As part of such review, the Secretary shall assess the need for a 

comprehensive plan to better manage the careers of military linguists (in enlisted grades or officer grades, or both) and to ensure 

that such linguists have an opportunity to progress in grade and 

are provided opportunities to enhance their language and cultural 

skills. As part of the review, the Secretary shall consider personnel 

management methods such as enhanced bonuses, immersion opportunities, specialized career fields, establishment of a dedicated career path for linguists, and career monitoring to ensure career 

progress for linguists serving in duty assignments that are not linguist related. 

(b) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the 

Committees on Armed Services of the Senate and House of Representatives a report on the review and assessment conducted under 

subsection (a). The report shall include the findings, results, and 

conclusions of the Secretary’s review and assessment of the careers 

of officer and enlisted linguists in the Armed Forces and the need 

for a comprehensive plan to ensure effective career management of 

linguists. 

SEC. 582. SENSE OF CONGRESS THAT COLLEGES AND UNIVERSITIES 

GIVE EQUAL ACCESS TO MILITARY RECRUITERS AND 

ROTC IN ACCORDANCE WITH THE SOLOMON AMENDMENT 

AND REQUIREMENT FOR REPORT TO CONGRESS. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that—

(1) any college or university that discriminates against 

ROTC programs or military recruiters should be denied certain 

Federal taxpayer support, especially funding for many military 

and defense programs; and 

(2) universities and colleges that receive Federal funds 

should provide military recruiters access to college campuses 

and to college students equal in quality and scope to that provided all other employers. 

(b) REPORT REQUIRED.—Not later than one year after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to Congress a report on the colleges and universities that are denying equal access to military recruiters and ROTC programs. 


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SEC. 583. SENSE OF CONGRESS CONCERNING STUDY OF OPTIONS FOR 

PROVIDING HOMELAND DEFENSE EDUCATION. 

It is the sense of Congress that—

(1) the Secretary of Defense, in consultation with the Secretary of Homeland Security, should study the options among 

public and private educational institutions and facilities (including an option of using the National Defense University) for 

providing strategic-level homeland defense education and related research opportunities to civilian and military leaders 

from all agencies of government in order to contribute to the development of a common understanding of core homeland defense principles and of effective interagency homeland defense 

strategies, policies, doctrines, and processes; and 

(2) the results of such consultation and study should be reported to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate, together with such recommendations as the Secretary considers appropriate, including a request for any implementing 

legislation that would contribute to the development of strategic-level homeland defense education. 

SEC. 584. SENSE OF CONGRESS RECOGNIZING THE DIVERSITY OF THE 

MEMBERS OF THE ARMED FORCES SERVING IN OPERATION IRAQI FREEDOM AND OPERATION ENDURING 

FREEDOM AND HONORING THEIR SACRIFICES AND THE 

SACRIFICES OF THEIR FAMILIES. 

(a) FINDINGS.—Congress finds the following: 

(1) Thousands of members of the United States Armed 

Forces who come from a variety of ethnic and racial backgrounds have served, and are serving, in Operation Iraqi Freedom and Operation Enduring Freedom to defend the cause of 

freedom, democracy, and liberty. Many have been killed, 

wounded, or seriously injured. 

(2) Diversity is an essential part of the strength of the 

Armed Forces, in which members having different ethnic and 

racial backgrounds share the goal of defending the cause of 

freedom, democracy, and liberty. 

(3) The Armed Forces are representative of the diverse culture and backgrounds that make the United States a great nation. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the 

United States should—

(1) recognize and celebrate the diversity of the members of 

the Armed Forces; and 

(2) recognize and honor the sacrifices being made by the 

members of the Armed Forces and their families in the global 

war on terrorism. 

Subtitle K—Other Matters 

SEC. 589. EXPANSION AND ENHANCEMENT OF AUTHORITY TO 

PRESENT RECOGNITION ITEMS FOR RECRUITMENT AND 

RETENTION PURPOSES. 

(a) IN GENERAL.—


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(1) AUTHORITY.—Subchapter II of chapter 134 of title 10, 

United States Code, is amended by adding at the end the following new section: 

‘‘§ 2261. Presentation of recognition items for recruitment 

and retention purposes 

‘‘(a) EXPENDITURES FOR RECOGNITION ITEMS.—Under regulations prescribed by the Secretary of Defense, appropriated funds 

may be expended— ‘‘(1) to procure recognition items of nominal or modest 

value for recruitment or retention purposes; and ‘‘(2) to present such items— ‘‘(A) to members of the armed forces; and 

‘‘(B) to members of the families of members of the 

armed forces, and other individuals, recognized as providing support that substantially facilitates service in the 

armed forces. ‘‘(b) PROVISION OF MEALS AND REFRESHMENTS.—For purposes 

of section 520c of this title and any regulation prescribed to implement that section, functions conducted for the purpose of presenting 

recognition items described in subsection (a) shall be treated as recruiting functions, and recipients of such items shall be treated as 

persons who are the objects of recruiting efforts. ‘‘(c) RECOGNITION ITEMS OF NOMINAL OR MODEST VALUE.—In 

this section, the term ‘recognition item of nominal or modest value’ means a commemorative coin, medal, trophy, badge, flag, poster, 

painting, or other similar item that is valued at less than $50 per 

item and is designed to recognize or commemorate service in the 

armed forces. ‘‘(d) TERMINATION OF AUTHORITY.—The authority under this 

section shall expire December 31, 2007.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter II of chapter 134 of such title is amended 

by adding at the end the following new item: 

‘‘2261. Presentation of recognition items for recruitment and retention purposes.’’. 

(b) REPEAL OF SUPERSEDED AUTHORITIES.—

(1) ARMY RESERVE.—Section 18506 of title 10, United 

States Code, is repealed. The table of sections at the beginning 

of chapter 1805 of such title is amended by striking the item relating to such section. 

(2) NATIONAL GUARD.—Section 717 of title 32, United 

States Code, is repealed. The table of sections at the beginning 

of chapter 7 of such title is amended by striking the item relating to such section. 

SEC. 590. EXTENSION OF DATE OF SUBMITTAL OF REPORT OF VETERANS’ DISABILITY BENEFITS COMMISSION. 

Section 1503 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1678; 38 U.S.C. 1101 

note) is amended by striking ‘‘Not later than 15 months after the 

date on which the commission first meets,’’ and inserting ‘‘Not later 

than October 1, 2007,’’. 

SEC. 591. RECRUITMENT AND ENLISTMENT OF HOME-SCHOOLED STUDENTS IN THE ARMED FORCES. 

(a) POLICY ON RECRUITMENT AND ENLISTMENT.—


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(1) POLICY REQUIRED.—The Secretary of Defense shall prescribe a policy on the recruitment and enlistment of homeschooled students in the Armed Forces. 

(2) UNIFORMITY ACROSS THE ARMED FORCES.—The Secretary shall ensure that the policy prescribed under paragraph 

(1) applies, to the extent practicable, uniformly across the 

Armed Forces. 

(b) ELEMENTS.—The policy under subsection (a) shall include 

the following: 

(1) An identification of a graduate of home schooling for 

purposes of recruitment and enlistment in the Armed Forces 

that is in accordance with the requirements described in subsection (c). 

(2) A communication plan to ensure that the policy described in subsection (c) is understood by recruiting officials of 

all the Armed Forces, to include field recruiters at the lowest 

level of command. 

(3) An exemption of graduates of home schooling from the 

requirement for a secondary school diploma or an equivalent 

(GED) as a precondition for enlistment in the Armed Forces. 

(c) HOME SCHOOL GRADUATES.—In prescribing the policy under 

subsection (a), the Secretary of Defense shall prescribe a single set 

of criteria to be used by the Armed Forces in determining whether 

an individual is a graduate of home schooling. The Secretary concerned shall ensure compliance with education credential coding requirements. 

(d) SECRETARY CONCERNED DEFINED.—In this section, the term 

‘‘Secretary concerned’’ has the meaning given such term in section 

101(a)(9) of title 10, United States Code. 

SEC. 592. MODIFICATION OF REQUIREMENT FOR CERTAIN INTERMEDIARIES UNDER CERTAIN AUTHORITIES RELATING TO 

ADOPTIONS. 

(a) REIMBURSEMENT FOR ADOPTION EXPENSES.—Section 

1052(g)(1) of title 10, United States Code, is amended by inserting 

‘‘or other source authorized to place children for adoption under 

State or local law’’ after ‘‘qualified adoption agency’’. 

(b) TREATMENT AS CHILDREN FOR MEDICAL AND DENTAL CARE

PURPOSES.—Section 1072(6)(D)(i) of such title is amended by inserting ‘‘, or by any other source authorized by State or local law to provide adoption placement,’’ after ‘‘(recognized by the Secretary of Defense)’’. 

SEC. 593. ADOPTION LEAVE FOR MEMBERS OF THE ARMED FORCES 

ADOPTING CHILDREN. 

(a) LEAVE AUTHORIZED.—Section 701 of title 10, United States 

Code, is amended by adding at the end the following new subsection: 

‘‘(i)(1) Under regulations prescribed by the Secretary of Defense, 

a member of the armed forces adopting a child in a qualifying child 

adoption is allowed up to 21 days of leave in a calendar year to be 

used in connection with the adoption. 

‘‘(2) For the purpose of this subsection, an adoption of a child 

by a member is a qualifying child adoption if the member is eligible 

for reimbursement of qualified adoption expenses for such adoption 

under section 1052 of this title. 


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‘‘(3) In the event that two members of the armed forces who are 

married to each other adopt a child in a qualifying child adoption, 

only one such member shall be allowed leave under this subsection. 

‘‘(4) Leave under paragraph (1) is in addition to other leave provided under other provisions of this section.’’. 

(b) EFFECTIVE DATE.—Subsection (i) of section 701 of title 10, 

United States Code (as added by subsection (a)), shall take effect on 

January 1, 2006, and shall apply only with respect to adoptions 

completed on or after that date. 

SEC. 594. ADDITION OF INFORMATION TO BE COVERED IN MANDATORY PRESEPARATION COUNSELING. 

Section 1142(b) of title 10, United States Code, is amended—

(1) in paragraph (4), by striking ‘‘(4) Information concerning’’ and inserting the following: 

‘‘(4) Provision of information on civilian occupations and 

related assistance programs, including information concerning—

‘‘(A) certification and licensure requirements that are 

applicable to civilian occupations; 

‘‘(B) civilian occupations that correspond to military occupational specialties; and 

‘‘(C)’’; and 

(2) by adding at the end the following: 

‘‘(11) Information concerning the availability of mental 

health services and the treatment of post-traumatic stress disorder, anxiety disorders, depression, suicidal ideations, or other 

mental health conditions associated with service in the armed 

forces. 

‘‘(12) Information concerning the priority of service for veterans in the receipt of employment, training, and placement 

services provided under qualified job training programs of the 

Department of Labor. 

‘‘(13) Information concerning veterans small business ownership and entrepreneurship programs of the Small Business 

Administration and the National Veterans Business Development Corporation. 

‘‘(14) Information concerning employment and reemployment rights and obligations under chapter 43 of title 38. 

‘‘(15) Information concerning veterans preference in federal 

employment and federal procurement opportunities. 

‘‘(16) Contact information for housing counseling assistance. 

‘‘(17) A description, developed in consultation with the Secretary of Veterans Affairs, of health care and other benefits to 

which the member may be entitled under the laws administered 

by the Secretary of Veterans Affairs.’’. 

SEC. 595. REPORT ON TRANSITION ASSISTANCE PROGRAMS. 

(a) REPORT REQUIRED.—Not later than May 1, 2006, the Secretary of Defense shall submit to Congress a report on the actions 

taken, including those actions taken pursuant to the recommendations in the May 2005 report of the Comptroller General submitted 

to Congress pursuant to section 598 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 

108–375; 118 Stat. 1939), to ensure that the Transition Assistance 


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Programs for members of the Armed Forces separating from the 

Armed Forces (including members of the regular components of the 

Armed Forces and members of the reserve components of the Armed 

Forces) function effectively to provide such members with timely and 

comprehensive transition assistance when separating from the 

Armed Forces. The report under this section shall be prepared in 

consultation with the Secretary of Labor and the Secretary of Veterans Affairs. 

(b) FOCUS ON PARTICULAR MEMBERS.—The report required by 

subsection (a) shall include particular attention to the actions taken 

with respect to the Transition Assistance Programs to assist the following members of the Armed Forces: 

(1) Members deployed to Operation Iraqi Freedom. 

(2) Members deployed to Operation Enduring Freedom. 

(3) Members deployed to or in support of other contingency 

operations. 

(4) Members of the National Guard activated under the 

provisions of title 32, United States Code, in support of relief 

efforts for Hurricane Katrina and Hurricane Rita. 

SEC. 596. IMPROVEMENT TO DEPARTMENT OF DEFENSE CAPACITY TO 

RESPOND TO SEXUAL ASSAULT AFFECTING MEMBERS OF 

THE ARMED FORCES. 

(a) PLAN FOR SYSTEM TO TRACK CASES IN WHICH CARE OR

PROSECUTION HINDERED BY LACK OF AVAILABILITY.—

(1) PLAN REQUIRED.—The Secretary of Defense shall develop and implement a system to track cases under the jurisdiction of the Department of Defense in which care to a victim of 

rape or sexual assault, or the investigation or prosecution of an 

alleged perpetrator of rape or sexual assault, is hindered by the 

lack of availability of a rape kit or other needed supplies or by 

the lack of timely access to appropriate laboratory testing resources. 

(2) SUBMITTAL TO CONGRESSIONAL COMMITTEES.—The Secretary shall submit the plan developed under paragraph (1) to 

the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives not 

later than 120 days after the date of the enactment of this Act. 

(b) ACCESSIBILITY PLAN FOR DEPLOYED UNITS.—

(1) PLAN REQUIRED.—The Secretary of Defense shall develop and implement a plan for ensuring accessibility and 

availability of supplies, trained personnel, and transportation 

resources for responding to sexual assaults occurring in deployed units. The plan shall include the following: 

(A) A plan for the training of personnel who are considered to be ‘‘first responders’’ to sexual assaults (including 

criminal investigators, medical personnel responsible for 

rape kit evidence collection, and victims advocates), such 

training to include current techniques on the processing of 

evidence, including rape kits, and on conducting investigations. 

(B) A plan for ensuring the availability at military hospitals of supplies needed for the treatment of victims of sexual assault who present at a military hospital, including 

rape kits, equipment for processing rape kits, and supplies 


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for testing and treatment for sexually transmitted infections 

and diseases, including HIV, and for testing for pregnancy. 

(2) SUBMITTAL TO CONGRESSIONAL COMMITTEES.—The Secretary shall submit the plan developed under paragraph (1) to 

the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives not 

later than 120 days after the date of the enactment of this Act. 

(c) ADDITIONAL MATTERS FOR ANNUAL REPORT ON SEXUAL AS- SAULTS.—Section 577(f)(2) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 

118 Stat. 1927; 10 U.S.C. 113 note) is amended— (1) by redesignating subparagraph (D) as subparagraph 

(G); and 

(2) by inserting after subparagraph (C) the following new 

subparagraphs: ‘‘(D) A description of the implementation during the year 

covered by the report of the tracking system implemented pursuant to section 596(a) of the National Defense Authorization Act 

for Fiscal Year 2006, including information collected on cases 

during that year in which care to a victim of rape or sexual assault was hindered by the lack of availability of a rape kit or 

other needed supplies or by the lack of timely access to appropriate laboratory testing resources. 

‘‘(E) A description of the implementation during the year 

covered by the report of the accessibility plan implemented pursuant to section 596(b) of the National Defense Authorization 

Act for Fiscal Year 2006, including a description of the steps 

taken during that year to provide that trained personnel, appropriate supplies, and transportation resources are accessible to 

deployed units in order to provide an appropriate and timely response in any case of reported sexual assault in a deployed unit. 

‘‘(F) A description of the required supply inventory, location, accessibility, and availability of supplies, trained personnel, and transportation resources needed, and in fact in 

place, in order to be able to provide an appropriate and timely 

response in any case of reported sexual assault in a deployed 

unit.’’. 

SEC. 597. AUTHORITY FOR APPOINTMENT OF COAST GUARD FLAG OFFICER AS CHIEF OF STAFF TO THE PRESIDENT. 

(a) AUTHORITY.—Chapter 3 of title 14, United States Code, is 

amended by adding at the end the following new section: 

‘‘§ 54. Chief of staff to President: appointment 

‘‘The President, by and with the advice and consent of the Senate, may appoint a flag officer of the Coast Guard as the Chief of 

Staff to the President.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘54. Chief of Staff to President: appointment.’’. 

SEC. 598. PRAYER AT MILITARY SERVICE ACADEMY ACTIVITIES. 

(a) IN GENERAL.—The superintendent of a service academy may 

have in effect such policy as the superintendent considers appropriate with respect to the offering of a voluntary, nondenominaVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00179 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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tional prayer at an otherwise authorized activity of the academy, 

subject to the United States Constitution and such limitations as 

the Secretary of Defense may prescribe. 

(b) SERVICE ACADEMIES.—For purposes of this section, the term 

‘‘service academy’’ means any of the following: 

(1) The United States Military Academy. 

(2) The United States Naval Academy. 

(3) The United States Air Force Academy. 

SEC. 599. MODIFICATION OF AUTHORITY TO MAKE MILITARY WORKING 

DOGS AVAILABLE FOR ADOPTION. 

(a) ADMINISTRATION OF AUTHORITY BY SECRETARIES OF MILITARY DEPARTMENTS.—Subsection (a) of section 2583 of title 10, 

United States Code, is amended—

(1) by striking ‘‘Secretary of Defense may’’ and inserting 

‘‘Secretary of the military department concerned may’’; and 

(2) by striking ‘‘the Department of Defense’’ and inserting 

‘‘such military department’’. 

(b) AUTHORITY TO MAKE DOGS AVAILABLE FOR ADOPTION BEFORE END OF USEFUL WORKING LIFE.—Such subsection is further 

amended by striking ‘‘at the end’’ and all that follows and inserting 

‘‘, unless the dog has been determined to be unsuitable for adoption 

under subsection (b), under circumstances as follows: 

‘‘(1) At the end of the dog’s useful working life. 

‘‘(2) Before the end of the dog’s useful working life, if such 

Secretary, in such Secretary’s discretion, determines that unusual or extraordinary circumstances justify making the dog 

available for adoption before that time. 

‘‘(3) When the dog is otherwise excess to the needs of such 

military department.’’. 

(c) CLARIFICATION OF REPORTING REQUIREMENT.—Subsection 

(f) of such section is amended by inserting ‘‘of Defense’’ after ‘‘Secretary’’. 

(d) CONFORMING AND CLERICAL AMENDMENTS.—The heading of 

such section, and the item relating to such section in the table of 

sections at the beginning of chapter 153 of such title, are each 

amended by striking the last six words. 

TITLE VI—COMPENSATION AND OTHER 

PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Increase in basic pay for fiscal year 2006. 

Sec. 602. Additional pay for permanent military professors at United States Naval 

Academy with over 36 years of service. 

Sec. 603. Basic pay rates for reserve component members selected to attend military 

service academy preparatory schools. 

Sec. 604. Clarification of restriction on compensation for correspondence courses. 

Sec. 605. Enhanced authority for agency contributions for members of the Armed 

Forces participating in the Thrift Savings Plan. 

Sec. 606. Pilot program on contributions to Thrift Savings Plan for initial enlistees 

in the Army. 

Sec. 607. Prohibition against requiring certain injured members to pay for meals 

provided by military treatment facilities. 

Sec. 608. Permanent authority for supplemental subsistence allowance for low-income members with dependents. 


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Sec. 609. Increase in basic allowance for housing and extension of temporary lodging expenses authority for areas subject to major disaster declaration or 

for installations experiencing sudden increase in personnel levels. 

Sec. 610. Basic allowance for housing for reserve component members. 

Sec. 611. Permanent increase in length of time dependents of certain deceased members may continue to occupy military family housing or receive basic allowance for housing. 

Sec. 612. Overseas cost of living allowance. 

Sec. 613. Allowance to cover portion of monthly deduction from basic pay for 

Servicemembers’ Group Life Insurance coverage for members serving in 

Operation Enduring Freedom or Operation Iraqi Freedom. 

Sec. 614. Income replacement payments for Reserves experiencing extended and frequent mobilization for active duty service. 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 621. Extension or resumption of certain bonus and special pay authorities for 

reserve forces. 

Sec. 622. Extension of certain bonus and special pay authorities for certain health 

care professionals. 

Sec. 623. Extension of special pay and bonus authorities for nuclear officers. 

Sec. 624. Extension of other bonus and special pay authorities. 

Sec. 625. Eligibility of oral and maxillofacial surgeons for incentive special pay. 

Sec. 626. Eligibility of dental officers for additional special pay. 

Sec. 627. Increase in maximum monthly rate authorized for hardship duty pay. 

Sec. 628. Flexible payment of assignment incentive pay. 

Sec. 629. Active-duty reenlistment bonus. 

Sec. 630. Reenlistment bonus for members of the Selected Reserve. 

Sec. 631. Consolidation and modification of bonuses for affiliation or enlistment in 

the Selected Reserve. 

Sec. 632. Expansion and enhancement of special pay for enlisted members of the Selected Reserve assigned to certain high priority units. 

Sec. 633. Eligibility requirements for prior service enlistment bonus. 

Sec. 634. Increase and enhancement of affiliation bonus for officers of the Selected 

Reserve. 

Sec. 635. Increase in authorized maximum amount of enlistment bonus. 

Sec. 636. Discretion of Secretary of Defense to authorize retroactive hostile fire and 

imminent danger pay. 

Sec. 637. Increase in maximum bonus amount for nuclear-qualified officers extending period of active duty. 

Sec. 638. Increase in maximum amount of nuclear career annual incentive bonus for 

nuclear-qualified officers trained while serving as enlisted members. 

Sec. 639. Uniform payment of foreign language proficiency pay to eligible reserve 

component members and regular component members. 

Sec. 640. Retention bonus for members qualified in certain critical skills or assigned 

to high priority units. 

Sec. 641. Incentive bonus for transfer between Armed Forces. 

Sec. 642. Availability of special pay for members during rehabilitation from 

wounds, injuries, and illnesses incurred in a combat operation or combat zone. 

Sec. 643. Pay and benefits to facilitate voluntary separation of targeted members of 

the Armed Forces. 

Sec. 644. Ratification of payment of critical-skills accession bonus for persons enrolled in Senior Reserve Officers’ Training Corps obtaining nursing degrees. 

Sec. 645. Temporary authority to pay bonus to encourage members of the Army to 

refer other persons for enlistment in the Army. 

Subtitle C—Travel and Transportation Allowances 

Sec. 651. Authorized absences of members for which lodging expenses at temporary 

duty location may be paid. 

Sec. 652. Extended period for selection of home for travel and transportation allowances for dependents of deceased members. 

Sec. 653. Transportation of family members in connection with the repatriation of 

members held captive. 

Sec. 654. Increased weight allowances for shipment of household goods of senior 

noncommissioned officers. 


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Sec. 655. Permanent authority to provide travel and transportation allowances for 

family members to visit hospitalized members of the Armed Forces injured in combat operation or combat zone. 

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 661. Monthly disbursement to States of State income tax withheld from retired 

or retainer pay. 

Sec. 662. Denial of certain burial-related benefits for individuals who committed a 

capital offense. 

Sec. 663. Concurrent receipt of veterans’ disability compensation and military retired pay. 

Sec. 664. Additional amounts of death gratuity for survivors of certain members of 

the Armed Forces dying on active duty. 

Sec. 665. Child support for certain minor children of retirement-eligible members 

convicted of domestic violence resulting in death of child’s other parent. 

Sec. 666. Comptroller General report on actuarial soundness of the Survivor Benefit 

Plan. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 

Sec. 671. Increase in authorized level of supplies and services procurement from 

overseas exchange stores. 

Sec. 672. Requirements for private operation of commissary store functions. 

Sec. 673. Provision of and payment for overseas transportation services for commissary and exchange supplies and products. 

Sec. 674. Compensatory time off for certain nonappropriated fund employees. 

Sec. 675. Rest and recuperation leave programs. 

Subtitle F—Other Matters 

Sec. 681. Temporary Army authority to provide additional recruitment incentives. 

Sec. 682. Clarification of leave accrual for members assigned to a deployable ship 

or mobile unit or other duty. 

Sec. 683. Expansion of authority to remit or cancel indebtedness of members of the 

Armed Forces incurred on active duty. 

Sec. 684. Loan repayment program for chaplains in the Selected Reserve. 

Sec. 685. Inclusion of Senior Enlisted Advisor for the Chairman of the Joint Chiefs 

of Staff among senior enlisted members of the Armed Forces. 

Sec. 686. Special and incentive pays considered for saved pay upon appointment of 

members as officers. 

Sec. 687. Repayment of unearned portion of bonuses, special pays, and educational 

benefits. 

Sec. 688. Rights of members of the Armed Forces and their dependents under Housing and Urban Development Act of 1968. 

Sec. 689. Extension of eligibility for SSI for certain individuals in families that include members of the Reserve and National Guard. 

Sec. 690. Information for members of the Armed Forces and their dependents on 

rights and protections of the Servicemembers Civil Relief Act. 

Subtitle A—Pay and Allowances 

SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2006. 

(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment to 

become effective during fiscal year 2006 required by section 1009 of 

title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made. 

(b) INCREASE IN BASIC PAY.—Effective on January 1, 2006, the 

rates of monthly basic pay for members of the uniformed services 

are increased by 3.1 percent. 

SEC. 602. ADDITIONAL PAY FOR PERMANENT MILITARY PROFESSORS 

AT UNITED STATES NAVAL ACADEMY WITH OVER 36 YEARS 

OF SERVICE. 

Section 203(b) of title 37, United States Code, is amended by inserting after ‘‘Military Academy’’ the following: ‘‘, the United States 

Naval Academy,’’. 


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SEC. 603. BASIC PAY RATES FOR RESERVE COMPONENT MEMBERS SELECTED TO ATTEND MILITARY SERVICE ACADEMY PREPARATORY SCHOOLS. 

Section 203(e)(2) of title 37, United States Code, is amended—

(1) by striking ‘‘on active duty for a period of more than 30 

days shall continue to receive’’ and inserting ‘‘shall receive’’; and 

(2) by inserting before the period at the end the following: 

‘‘or at the rate provided for cadets and midshipmen under subsection (c), whichever is greater’’. 

SEC. 604. CLARIFICATION OF RESTRICTION ON COMPENSATION FOR 

CORRESPONDENCE COURSES. 

Section 206(d)(1) of title 37, United States Code, is amended by 

inserting after ‘‘reserve component’’ the following: ‘‘or by a member 

of the National Guard while not in Federal service’’. 

SEC. 605. ENHANCED AUTHORITY FOR AGENCY CONTRIBUTIONS FOR 

MEMBERS OF THE ARMED FORCES PARTICIPATING IN THE 

THRIFT SAVINGS PLAN. 

(a) AUTHORITY TO MAKE CONTRIBUTIONS FOR CERTAIN FIRSTTIME ENLISTEES.—Subsection (d) of section 211 of title 37, United 

States Code, is amended—

(1) in paragraph (1)—

(A) in subparagraph (A), by inserting ‘‘(i)’’ after ‘‘(A)’’; 

(B) by redesignating subparagraph (B) as clause (ii) of 

subparagraph (A) and, in such clause, by striking the period at the end and inserting ‘‘; or’’; and 

(C) by adding at the end the following new subparagraph (B): 

‘‘(B) is enlisting in the armed forces for the first time 

and the period of the member’s enlistment is not less than 

two years.’’; 

(2) in paragraph (2), by striking ‘‘paragraph (1)’’ the first 

place it appears and inserting ‘‘paragraph (1)(A)’’; 

(3) by designating the second sentence of paragraph (2) as 

paragraph (4) and, in such paragraph, by striking ‘‘this paragraph’’ and inserting ‘‘this subsection’’; and 

(4) by inserting before such paragraph (4) the following 

new paragraph: 

‘‘(3) In the case of a member described by paragraph (1)(B), the 

Secretary shall make contributions to the Fund for the benefit of the 

member for each pay period of the enlistment of the member described in that paragraph for which the member makes a contribution to the Fund under section 8440e of title 5 (other than under 

subsection (d)(2) thereof).’’. (b) CLERICAL AMENDMENT.—Such subsection is further amended by inserting ‘‘AND FIRST-TIME ENLISTEES’’ after ‘‘SPECIALTIES’’. 

SEC. 606. PILOT PROGRAM ON CONTRIBUTIONS TO THRIFT SAVINGS 

PLAN FOR INITIAL ENLISTEES IN THE ARMY. 

(a) PILOT PROGRAM REQUIRED.—During fiscal year 2006, the 

Secretary of the Army shall use the authority provided by section 

211(d)(1)(B) of title 10, United States Code, as amended by section 

605, to carry out within the Army a pilot program in order to assess 

the extent to which contributions by the Secretary to the Thrift Savings Fund on behalf of members of the Army described in subsection 

(b) would—

(1) assist the Army in recruiting efforts; and 


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(2) assist such members in establishing habits of financial 

responsibility during their initial enlistment in the Armed 

Forces. 

(b) COVERED MEMBERS.—To be eligible to participate in the 

pilot program under subsection (a), a member of the Army must be 

serving under an initial enlistment for a period of not less than two 

years. 

(c) CONTRIBUTIONS TO THRIFT SAVINGS FUND.—

(1) IN GENERAL.—The Secretary of the Army may make contributions to the Thrift Savings Fund on behalf of any participant in the pilot program under subsection (a) for any pay period during the period of the pilot program. 

(2) LIMITATIONS.—The amount of any contributions made 

with respect to a member under paragraph (1) shall be subject 

to the provisions of section 8432(c) of title 5, United States 

Code. 

(d) REPORT.—

(1) IN GENERAL.—Not later than February 1, 2007, the Secretary of Defense shall submit to the congressional defense committees a report on the pilot program under subsection (a). 

(2) ELEMENTS.—The report shall include the following: 

(A) A description of the pilot program, including the 

number of members of the Army who participated in the 

pilot program and the contributions made by the Army to 

the Thrift Savings Fund on behalf of such members during 

the period of the pilot program. 

(B) An assessment, based on the pilot program and 

taking into account the views of officers and senior enlisted 

personnel of the Army, and of field recruiters, of the extent 

to which contributions by the military departments to the 

Thrift Savings Fund on behalf of members of the Armed 

Forces similar to the participants in the pilot program—

(i) would enhance the recruiting efforts of the 

Armed Forces; and 

(ii) would assist such members in establishing 

habits of financial responsibility during their initial 

enlistment in the Armed Forces. 

SEC. 607. PROHIBITION AGAINST REQUIRING CERTAIN INJURED MEMBERS TO PAY FOR MEALS PROVIDED BY MILITARY TREATMENT FACILITIES. 

(a) TEMPORARY PROHIBITION.—Section 402 of title 37, United 

States Code, is amended—

(1) by redesignating subsection (h) as subsection (i); and 

(2) by inserting after subsection (g) the following new subsection: 

‘‘(h) NO PAYMENT FOR MEALS RECEIVED AT MILITARY TREATMENT FACILITIES.—(1) A member of the armed forces who is undergoing medical recuperation or therapy, or is otherwise in the status 

of continuous care, including outpatient care, at a military treatment facility for an injury, illness, or disease described in paragraph (2) shall not be required to pay any charge for meals provided 

to the member by the military treatment facility during any month 

covered by paragraph (3) in which the member is entitled to a basic 

allowance for subsistence under this section. 


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‘‘(2) Paragraph (1) applies with respect to an injury, illness, or 

disease incurred or aggravated by a member while the member was 

serving on active duty—

‘‘(A) in support of Operation Iraqi Freedom or Operation 

Enduring Freedom; or 

‘‘(B) in any other operation designated by the Secretary of 

Defense as a combat operation or in an area designated by the 

Secretary as a combat zone. 

‘‘(3) This subsection shall apply to months beginning during the 

period beginning on October 1, 2005, and ending on December 31, 

2006.’’. 

(b) REPEAL OF TEMPORARY AUTHORITY.—Section 1023 of division A of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public 

Law 109–13), is repealed. 

SEC. 608. PERMANENT AUTHORITY FOR SUPPLEMENTAL SUBSISTENCE 

ALLOWANCE FOR LOW-INCOME MEMBERS WITH DEPENDENTS. 

(a) REPEAL OF TERMINATION PROVISION.—Section 402a of title 

37, United States Code, is amended by striking subsection (i). 

(b) TECHNICAL AND CONFORMING AMENDMENTS.—Subsection (f) 

of such section is amended—

(1) in the first sentence, by striking ‘‘Secretary of Transportation’’ and inserting ‘‘Secretary of Homeland Security, with respect to the Coast Guard’’; and 

(2) by striking the second sentence. 

SEC. 609. INCREASE IN BASIC ALLOWANCE FOR HOUSING AND EXTENSION OF TEMPORARY LODGING EXPENSES AUTHORITY 

FOR AREAS SUBJECT TO MAJOR DISASTER DECLARATION 

OR FOR INSTALLATIONS EXPERIENCING SUDDEN INCREASE IN PERSONNEL LEVELS. 

(a) TEMPORARY BASIC ALLOWANCE FOR HOUSING INCREASE AUTHORIZED.—Section 403(b) of title 37, United States Code, is 

amended by adding at the end the following new paragraph: 

‘‘(7)(A) Under the authority of this paragraph, the Secretary of 

Defense may prescribe a temporary increase in the rates of basic allowance for housing otherwise prescribed for a military housing 

area or a portion of a military housing area if the military housing 

area or portion thereof—

‘‘(i) is located in an area covered by a declaration by the 

President under section 401 of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5170) that a 

major disaster exists; or 

‘‘(ii) contains one or more military installations that are experiencing a sudden increase in the number of members of the 

armed forces assigned to the installation. 

‘‘(B) The Secretary of Defense shall base the amount of the increase to be made in the rates of basic allowance for housing for an 

area on a determination by the Secretary of the amount by which 

the costs of adequate housing for civilians have increased in the 

area by reason of the disaster or the influx of military personnel, except that the increase may not exceed the amount equal to 20 percent of the rate of basic allowance for housing otherwise prescribed 

for the area. 


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‘‘(C) A member may be paid a basic allowance for housing at 

a rate increased under this paragraph only if the member certifies 

to the Secretary concerned that the member has incurred increased 

housing costs in the area by reason of the disaster or the influx of 

military personnel. 

‘‘(D) Subject to subparagraph (E), an increase in the rates of 

basic allowance for housing in an area under this paragraph shall 

remain in effect until the effective date of the first adjustment in 

rates of basic allowance for housing made for the area pursuant to 

a redetermination of housing costs in the area under this subsection 

that occurs after the date of the increase under this paragraph. 

‘‘(E) An increase in the rates of basic allowance for housing for 

an area may not be prescribed under this paragraph or continue 

after December 31, 2008.’’. 

(b) TEMPORARY EXTENSION OF TEMPORARY LODGING EXPENSES

AUTHORITY.—Section 404a(c) of such title is amended by adding at 

the end the following new paragraph: 

‘‘(3) Whenever the conditions described in clause (i) or (ii) of 

subparagraph (A) of section 403(b)(7) of this title exist for a military 

housing area or portion thereof, the Secretary concerned may increase the period for which subsistence expenses are to be paid or 

reimbursed under this section in the case of a change of permanent 

station described in subparagraph (A) or (C) of subsection (a)(2) in 

the same military housing area or portion thereof to a maximum of 

20 days.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to months beginning on or after September 

1, 2005. 

SEC. 610. BASIC ALLOWANCE FOR HOUSING FOR RESERVE COMPONENT MEMBERS. 

(a) EQUAL TREATMENT OF RESERVE MEMBERS.—Subsection (g) 

of section 403 of title 37, United States Code, is amended—

(1) by redesignating paragraph (3) as paragraph (4); 

(2) by inserting after paragraph (2) the following new paragraph (3): 

‘‘(3) The rate of basic allowance for housing to be paid to 

the following members of a reserve component shall be equal to 

the rate in effect for similarly situated members of a regular 

component of the uniformed services: 

‘‘(A) A member who is called or ordered to active duty 

for a period of more than 30 days. 

‘‘(B) A member who is called or ordered to active duty 

for a period of 30 days or less in support of a contingency 

operation.’’; and 

(3) in paragraph (4), as so redesignated, by striking ‘‘less 

than 140 days’’ and inserting ‘‘30 days or less’’. 

(b) CONFORMING AMENDMENT REGARDING MEMBERS WITHOUT

DEPENDENTS.—Paragraph (1) of such subsection is amended by inserting ‘‘or for a period of more than 30 days’’ after ‘‘in support of 

a contingency operation’’ both places it appears. 


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SEC. 611. PERMANENT INCREASE IN LENGTH OF TIME DEPENDENTS 

OF CERTAIN DECEASED MEMBERS MAY CONTINUE TO OCCUPY MILITARY FAMILY HOUSING OR RECEIVE BASIC ALLOWANCE FOR HOUSING. 

Effective immediately after the termination, pursuant to subsection (b) of section 1022 of Public Law 109–13 (119 Stat. 251) and 

section 124 of Public Law 109–77 (119 Stat. 2041), of the amendments made by subsection (a) of such section 1022, section 403(l) of 

title 37, United States Code, is amended by striking ‘‘180 days’’ each 

place it appears and inserting ‘‘365 days’’. 

SEC. 612. OVERSEAS COST OF LIVING ALLOWANCE. 

(a) PAYMENT OF ALLOWANCE BASED ON OVERSEAS LOCATION OF

DEPENDENTS.—Section 405 of title 37, United States Code, is 

amended by adding at the end the following new subsection: ‘‘(e) PAYMENT OF ALLOWANCE BASED ON OVERSEAS LOCATION

OF DEPENDENTS.—In the case of a member assigned to duty inside 

the continental United States whose dependents continue to reside 

outside the continental United States, the Secretary concerned may 

pay the member a per diem under this section based on the location 

of the dependents and provide reimbursement under subsection (d) 

for an unusual or extraordinary expense incurred by the dependents 

if the Secretary determines that such payment or reimbursement is 

in the best interest of the member or the member’s dependents and 

in the best interest of the United States.’’. (b) CLARIFICATION OF EXPENSES ELIGIBLE FOR LUMP-SUM RE- IMBURSEMENT.—Subsection (d) of such section is amended— (1) in the subsection heading, by striking ‘‘NONRECURRING’’ and inserting ‘‘UNUSUAL OR EXTRAORDINARY’’; 

(2) by inserting ‘‘or (e)’’ after ‘‘subsection (a)’’ each place it 

appears; and 

(3) in paragraph (1)—

(A) by striking ‘‘a nonrecurring’’ and inserting ‘‘an unusual or extraordinary’’ in the matter preceding subparagraph (A); and 

(B) in subparagraph (A), by inserting ‘‘or the location 

of the member’s dependents’’ before the semicolon. 

SEC. 613. ALLOWANCE TO COVER PORTION OF MONTHLY DEDUCTION 

FROM BASIC PAY FOR SERVICEMEMBERS’ GROUP LIFE INSURANCE COVERAGE FOR MEMBERS SERVING IN OPERATION ENDURING FREEDOM OR OPERATION IRAQI FREEDOM. 

(a) ALLOWANCE TO COVER SGLI DEDUCTIONS.—Chapter 7 of 

title 37, United States Code, is amended by adding at the end the 

following new section: 

‘‘§ 437. Allowance to cover portion of monthly premium for 

Servicemembers’ Group Life Insurance: members 

serving in Operation Enduring Freedom or Operation Iraqi Freedom 

‘‘(a) REQUIRED REIMBURSEMENT FOR PREMIUM DEDUCTION.—

(1) In the case of a member of the armed forces who has insurance 

coverage for the member under the Servicemembers’ Group Life Insurance program under subchapter III of chapter 19 of title 38 and 

who serves in the theater of operations for Operation Enduring Freedom or Operation Iraqi Freedom at any time during a month, the 

Secretary concerned shall pay the member an allowance under this 


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section for that month in an amount equal to the amount of the deduction made under subsection (a)(1) of section 1969 of such title for 

the first $150,000 of Servicemembers’ Group Life Insurance coverage 

held by the member under section 1967 of such title. 

‘‘(2) If a member described in paragraph (1) elected to be insured in an amount less than the coverage amount specified in 

paragraph (1) or in effect pursuant to subsection (b), the amount of 

the allowance under this section for a month shall be equal to the 

amount of the deduction made for that month under subsection 

(a)(1) of section 1969 of title 38 from the basic pay of the member 

for the amount of Servicemembers’ Group Life Insurance coverage 

actually held by the member under section 1967 of such title. 

‘‘(b) AUTHORITY TO INCREASE MAXIMUM REIMBURSEMENT

AMOUNT.—For purposes of subsection (a), the Secretary of Defense 

is authorized to increase the coverage amount specified in paragraph (1) of such subsection to permit the reimbursement of all or 

an additional amount of the deduction made under section 

1969(a)(1) of title 38 for levels of coverage in excess of $150,000 for 

members under the Servicemembers’ Group Life Insurance program. 

‘‘(c) NOTICE OF AVAILABILITY OF ALLOWANCE.—To the maximum 

extent practicable, in advance of the deployment of a member to a 

theater of operations referred to in subsection (a), the Secretary concerned shall give the member information regarding the following: 

‘‘(1) The availability of the allowance under this section for 

members insured under the Servicemembers’ Group Life Insurance program. 

‘‘(2) The ability of members who elected not to be insured 

under Servicemembers’ Group Life Insurance, or elected less 

than the coverage amount specified in subsection (a)(1) or in effect pursuant to subsection (b), to obtain insurance, or to obtain 

additional coverage, as the case may be, under the authority 

provided in section 1967(c) of title 38.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 7 of title 37, United States Code, is amended by 

adding at the end the following new item: 

‘‘437. Allowance to cover portion of monthly premium for Servicemembers’ Group 

Life Insurance: members serving in Operation Enduring Freedom or Operation Iraqi Freedom.’’. 

(c) EFFECTIVE DATE; NOTIFICATION.—Section 437 of title 37, 

United States Code, as added by subsection (a), shall apply with respect to service by members of the Armed Forces in the theater of 

operations for Operation Enduring Freedom or Operation Iraqi 

Freedom for months beginning on or after the date of the enactment 

of this Act. In the case of members who are serving in the theater 

of operations for Operation Enduring Freedom or Operation Iraqi 

Freedom as of such date, the Secretary of Defense shall provide such 

members, as soon as practicable, the information specified in subsection (c) of that section. 

SEC. 614. INCOME REPLACEMENT PAYMENTS FOR RESERVES EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION FOR 

ACTIVE DUTY SERVICE. 

(a) IN GENERAL.—Chapter 17 of title 37, United States Code, is 

amended by adding at the end the following new section: 


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‘‘§ 910. Replacement of lost income: involuntarily mobilized 

reserve component members subject to extended and 

frequent active duty service 

‘‘(a) PAYMENT REQUIRED.—The Secretary concerned shall pay to 

an eligible member of a reserve component of the armed forces an 

amount equal to the monthly active-duty income differential of the 

member, as determined by the Secretary. The payments shall be 

made on a monthly basis. 

‘‘(b) ELIGIBILITY.—Subject to subsection (c), a reserve component 

member is entitled to a payment under this section for any full 

month of active duty of the member, while on active duty under an 

involuntary mobilization order, following the date on which the 

member—

‘‘(1) completes 18 continuous months of service on active 

duty under such an order; 

‘‘(2) completes 24 months on active duty during the previous 60 months under such an order; or 

‘‘(3) is involuntarily mobilized for service on active duty for 

a period of 180 days or more within six months or less following the member’s separation from a previous period of involuntary active duty for a period of 180 days or more. 

‘‘(c) MINIMUM AND MAXIMUM PAYMENT AMOUNTS.—(1) A payment under this section shall be made to a member for a month 

only if the amount of the monthly active-duty income differential for 

the month is greater than $50. 

‘‘(2) Notwithstanding the amount determined under subsection (d) for a member for a month, the monthly payment to 

a member under this section may not exceed $3,000. 

‘‘(d) MONTHLY ACTIVE-DUTY INCOME DIFFERENTIAL.—For purposes of this section, the monthly active-duty income differential of 

a member is the difference between—

‘‘(1) the average monthly civilian income of the member; 

and 

‘‘(2) the member’s total monthly military compensation. 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) The term ‘average monthly civilian income’, with respect to a member of a reserve component, means the amount, 

determined by the Secretary concerned, of the earned income of 

the member for either the 12 months preceding the member’s 

mobilization or the 12 months covered by the member’s most recent Federal income tax filing, divided by 12. 

‘‘(2) The term ‘total monthly military compensation’ means 

the amount, computed on a monthly basis, of the sum of—

‘‘(A) the amount of the regular military compensation 

(RMC) of the member; and 

‘‘(B) any amount of special pay or incentive pay and 

any allowance (other than an allowance included in regular military compensation) that is paid to the member on 

a monthly basis. 

‘‘(f) REGULATIONS.—This section shall be administered under 

regulations to be prescribed by the Secretary of Defense. 

‘‘(g) TERMINATION OF AUTHORITY.—No payment shall be made 

under this section after December 31, 2008.’’. 


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(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘910. Replacement of lost income: involuntarily mobilized reserve component members subject to extended and frequent active duty service.’’. 

(c) EFFECTIVE DATE.—Section 910 of title 37, United States 

Code, as added by subsection (a), may apply only with respect to 

months beginning after the end of the 180-day period beginning on 

the date of the enactment of this Act. 

Subtitle B—Bonuses and Special and 

Incentive Pays 

SEC. 621. EXTENSION OR RESUMPTION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR RESERVE FORCES. 

(a) SELECTED RESERVE REENLISTMENT BONUS.—Section 

308b(g) of title 37, United States Code, is amended by striking ‘‘December 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

(b) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section 308d(c) of such title is amended by striking ‘‘December 31, 2005’’ and inserting ‘‘December 31, 

2006’’. 

(c) READY RESERVE ENLISTMENT BONUS FOR PERSONS WITHOUT PRIOR SERVICE.—Section 308g(h) of such title is amended by 

striking ‘‘an enlistment after September 30, 1992’’ and inserting ‘‘an 

enlistment—

‘‘(1) during the period beginning on October 1, 1992, and 

ending on September 30, 2005; or 

‘‘(2) after December 31, 2006.’’. 

(d) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS

FOR PERSONS WITH PRIOR SERVICE.—Section 308h(g) of such title 

is amended by striking ‘‘December 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

(e) SELECTED RESERVE ENLISTMENT BONUS FOR PERSONS WITH

PRIOR SERVICE.—Section 308i(f) of such title is amended by striking 

‘‘December 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

SEC. 622. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR CERTAIN HEALTH CARE PROFESSIONALS. 

(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section 

2130a(a)(1) of title 10, United States Code, is amended by striking 

‘‘December 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

(b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH

PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE.—Section 

16302(d) of such title is amended by striking ‘‘January 1, 2006’’ and 

inserting ‘‘January 1, 2007’’. 

(c) ACCESSION BONUS FOR REGISTERED NURSES.—Section 

302d(a)(1) of title 37, United States Code, is amended by striking 

‘‘December 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

(d) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section 302e(a)(1) of such title is amended by striking ‘‘December 31, 

2005’’ and inserting ‘‘December 31, 2006’’. 

(e) SPECIAL PAY FOR SELECTED RESERVE HEALTH PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIALTIES.—Section 


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302g(f) of such title is amended by striking ‘‘December 31, 2005’’

and inserting ‘‘December 31, 2006’’. 

(f) ACCESSION BONUS FOR DENTAL OFFICERS.—Section 

302h(a)(1) of such title is amended by striking ‘‘December 31, 2005’’

and inserting ‘‘December 31, 2006’’. 

(g) ACCESSION BONUS FOR PHARMACY OFFICERS.—Section 

302j(a) of such title is amended by striking ‘‘December 31, 2005’’

and inserting ‘‘December 31, 2006’’. 

SEC. 623. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR 

NUCLEAR OFFICERS. 

(a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(e) of title 37, United 

States Code, is amended by striking ‘‘December 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

(b) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of 

such title is amended by striking ‘‘December 31, 2005’’ and inserting 

‘‘December 31, 2006’’. 

(c) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—Section 

312c(d) of such title is amended by striking ‘‘December 31, 2005’’

and inserting ‘‘December 31, 2006’’. 

SEC. 624. EXTENSION OF OTHER BONUS AND SPECIAL PAY AUTHORITIES. 

(a) AVIATION OFFICER RETENTION BONUS.—Section 301b(a) of 

title 37, United States Code, is amended by striking ‘‘December 31, 

2005’’ and inserting ‘‘December 31, 2006’’. 

(b) ASSIGNMENT INCENTIVE PAY.—Section 307a(f) of such title 

is amended by striking ‘‘December 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

(c) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section 

308(g) of such title is amended by striking ‘‘December 31, 2005’’ and 

inserting ‘‘December 31, 2006’’. 

(d) ENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section 309(e) 

of such title is amended by striking ‘‘December 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

(e) RETENTION BONUS FOR MEMBERS WITH CRITICAL MILITARY

SKILLS.—Section 323(i) of such title is amended by striking ‘‘December 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

(f) ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL

SKILLS.—Section 324(g) of such title is amended by striking ‘‘December 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

SEC. 625. ELIGIBILITY OF ORAL AND MAXILLOFACIAL SURGEONS FOR 

INCENTIVE SPECIAL PAY. 

(a) ELIGIBILITY.—Subsection (a) of section 302b of title 37, 

United States Code, is amended—

(1) in the subsection heading, by striking ‘‘AND BOARD CERTIFICATION’’ and inserting ‘‘BOARD CERTIFICATION, AND INCENTIVE’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(6) An officer described in paragraph (1) who is an oral or 

maxillofacial surgeon may be paid incentive special pay at the same 

rates, and subject to the same terms and conditions, as incentive 

special pay available for medical officers under section 302(b) of 

this title.’’. 


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(b) CONFORMING AMENDMENTS.—Such section is further 

amended in subsections (b) and (d) by striking ‘‘subsection (a)(4)’’

each place it appears and inserting ‘‘paragraph (4) or (6) of subsection (a)’’. 

SEC. 626. ELIGIBILITY OF DENTAL OFFICERS FOR ADDITIONAL SPECIAL PAY. 

Section 302b(a)(4) of title 37, United States Code, is amended 

in the first sentence—

(1) by inserting ‘‘also’’ before ‘‘is entitled’’; and 

(2) by inserting ‘‘initial’’ before ‘‘residency’’. 

SEC. 627. INCREASE IN MAXIMUM MONTHLY RATE AUTHORIZED FOR 

HARDSHIP DUTY PAY. 

Section 305(a) of title 37, United States Code, is amended by 

striking ‘‘$300’’ and inserting ‘‘$750’’. 

SEC. 628. FLEXIBLE PAYMENT OF ASSIGNMENT INCENTIVE PAY. 

(a) AUTHORITY TO PROVIDE LUMP SUM OR INSTALLMENT PAYMENTS.—Section 307a of title 37, United States Code, is amended—

(1) in subsection (a)—

(A) by striking ‘‘monthly’’; and 

(B) by adding at the end the following new sentence: 

‘‘Incentive pay payable under this section may be paid on 

a monthly basis, in a lump sum, or in installments.’’; and 

(2) in subsection (b)—

(A) by inserting ‘‘(1)’’ before ‘‘The Secretary concerned’’; 

(B) in paragraph (1), as so designated, by striking ‘‘incentive pay’’ in the first sentence and inserting ‘‘the payment of incentive pay on a monthly basis’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(2) The Secretary concerned shall require a member performing service in an assignment designated under subsection 

(a) to enter into a written agreement with the Secretary in order 

to qualify for the payment of incentive pay on a lump sum or 

installment basis under this section. The written agreement 

shall specify the period for which the incentive pay will be paid 

to the member and, subject to subsection (c), the amount of the 

lump sum, or each installment, of the incentive pay.’’. (b) MAXIMUM RATE OR AMOUNT.—Subsection (c) of such section 

is amended to read as follows: 

‘‘(c) MAXIMUM RATE OR AMOUNT.—(1) The maximum monthly 

rate of incentive pay payable to a member on a monthly basis under 

this section is $3,000. ‘‘(2) The amount of the lump sum payment of incentive pay payable to a member on a lump sum basis under this section may not 

exceed an amount equal to the product of—

‘‘(A) the maximum monthly rate authorized under paragraph (1) at the time of the written agreement of the member 

under subsection (b)(2); and 

‘‘(B) the number of months in the period for which incentive 

pay will be paid pursuant to the agreement. 

‘‘(3) The amount of each installment payment of incentive pay 

payable to a member on an installment basis under this section 

shall be the amount equal to—

‘‘(A) the product of (i) a monthly rate specified in the written agreement of the member under subsection (b)(2) (which 


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165 

monthly rate may not exceed the maximum monthly rate authorized under paragraph (1) at the time of the written agreement), and (ii) the number of months in the period for which 

incentive pay will be paid; divided by 

‘‘(B) the number of installments over such period. 

‘‘(4) If a member extends an assignment specified in an agreement with the Secretary under subsection (b), incentive pay for the 

period of the extension may be paid under this section on a monthly 

basis, in a lump sum, or in installments in accordance with this 

section.’’. 

(c) REPAYMENT.—Such section is further amended—

(1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and 

(2) by inserting after subsection (c), as amended by subsection (b) of this section, the following new subsection (d): 

‘‘(d) REPAYMENT OF INCENTIVE PAY.—(1) A member who, pursuant to an agreement under subsection (b)(2), receives a lump sum 

or installment payment of incentive pay under this section and who 

fails to complete the total period of service or other conditions specified in the agreement voluntarily or because of misconduct, shall refund to the United States an amount equal to the percentage of incentive pay paid which is equal to the unexpired portion of the service divided by the total period of service. The Secretary concerned 

may waive repayment of an amount of incentive pay under this section, in whole or in part, if the Secretary determines that conditions 

and circumstances warrant. 

‘‘(2) An obligation to repay the United States imposed under 

paragraph (1) is for all purposes a debt owed to the United States. 

‘‘(3) A discharge in bankruptcy under title 11 that is entered 

less than 5 years after the termination of the agreement does not 

discharge the member signing the agreement from a debt arising 

under paragraph (1).’’. 

SEC. 629. ACTIVE-DUTY REENLISTMENT BONUS. 

(a) ELIGIBILITY OF SENIOR ENLISTED MEMBERS.—Subsection (a) 

of section 308 of title 37, United States Code, is amended—

(1) in paragraph (1)(A), by striking ‘‘16 years of active 

duty’’ and inserting ‘‘20 years of active duty’’; and 

(2) in paragraph (3), by striking ‘‘18 years’’ and inserting 

‘‘24 years’’. 

(b) INCREASE IN AUTHORIZED MAXIMUM AMOUNT OF BONUS.—

Paragraph (2)(B) of such subsection is amended by striking 

‘‘$60,000’’ and inserting ‘‘$90,000’’. 

(c) REPEAL OF REFERENCE TO OBSOLETE SPECIAL PAY.—Paragraph (1) of such subsection is amended—

(1) by inserting ‘‘and’’ at the end of subparagraph (B); 

(2) by striking subparagraph (C); and 

(3) by redesignating subparagraph (D) as subparagraph 

(C). 

(d) REPEAL OF OBSOLETE SPECIAL PAY.—

(1) REPEAL.—Section 312a of title 37, United States Code, 

is repealed. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 5 of such title is amended by striking the 

item relating to section 312a. 


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SEC. 630. REENLISTMENT BONUS FOR MEMBERS OF THE SELECTED 

RESERVE. 

(a) ELIGIBILITY OF SENIOR ENLISTED MEMBERS.—Subsection 

(a)(1) of section 308b of title 37, United States Code, is amended by 

striking ‘‘16 years of total military service’’ and inserting ‘‘20 years 

of total military service’’. 

(b) COMPUTATION OF BONUS AMOUNT.—Subsection (b) of such 

section is amended by adding at the end the following new paragraph: 

‘‘(3) Any portion of a term of reenlistment or extension of enlistment of a member that, when added to the total years of service of 

the member at the time of discharge or release, exceeds 24 years 

may not be used in computing the total bonus amount under paragraph (1).’’. 

SEC. 631. CONSOLIDATION AND MODIFICATION OF BONUSES FOR AFFILIATION OR ENLISTMENT IN THE SELECTED RESERVE. 

(a) CONSOLIDATION AND MODIFICATION OF BONUSES.—Section 

308c of title 37, United States Code, is amended to read as follows: 

‘‘§ 308c. Special pay: bonus for affiliation or enlistment in the 

Selected Reserve 

‘‘(a) AFFILIATION BONUS AUTHORIZED.—The Secretary concerned may pay an affiliation bonus to an enlisted member of an 

armed force who—

‘‘(1) has completed fewer than 20 years of military service; 

and 

‘‘(2) executes a written agreement to serve in the Selected 

Reserve of the Ready Reserve of an armed force for a period of 

not less than three years in a skill, unit, or pay grade designated under subsection (b) after being discharged or released 

from active duty under honorable conditions. 

‘‘(b) DESIGNATION OF SKILLS, UNITS, AND PAY GRADES.—The 

Secretary concerned shall designate the skills, units, and pay grades 

for which an affiliation bonus may be paid under subsection (a). 

Any skill, unit, or pay grade so designated shall be a skill, unit, or 

pay grade for which there is a critical need for personnel in the Selected Reserve of the Ready Reserve of an armed force, as determined by the Secretary concerned. The Secretary concerned shall establish other requirements to ensure that members accepted for affiliation meet required performance and discipline standards. 

‘‘(c) ACCESSION BONUS AUTHORIZED.—The Secretary concerned 

may pay an accession bonus to a person who—

‘‘(1) has not previously served in the armed forces; and 

‘‘(2) executes a written agreement to serve as an enlisted 

member in the Selected Reserve of the Ready Reserve of an 

armed force for a period of not less than three years upon acceptance of the agreement by the Secretary concerned. 

‘‘(d) LIMITATION ON AMOUNT OF BONUS.—The amount of a 

bonus under subsection (a) or (c) may not exceed $20,000. 

‘‘(e) PAYMENT METHOD.—Upon acceptance of a written agreement by the Secretary concerned, the total amount of the bonus payable under the agreement becomes fixed. The agreement shall specify whether the bonus shall be paid by the Secretary concerned in a 

lump sum or in installments. 


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‘‘(f) CONTINUED ENTITLEMENT TO BONUS PAYMENTS.—A member entitled to a bonus under this section who is called or ordered 

to active duty shall be paid, during that period of active duty, any 

amount of the bonus that becomes payable to the member during 

that period of active duty. 

‘‘(g) REPAYMENT.—(1) A person who enters into an agreement 

under subsection (a) or (c) and receives all or part of the bonus 

under the agreement, but who does not commence to serve in the Selected Reserve or does not satisfactorily participate in the Selected 

Reserve for the total period of service specified in the agreement, 

shall repay to the United States the amount of the bonus so paid, 

except as otherwise prescribed under paragraph (2). 

‘‘(2) The Secretary concerned shall prescribe in regulations 

whether repayment of an amount otherwise required under paragraph (1) shall be made in whole or in part, the method for computing the amount of such repayment, and any conditions under 

which an exception to required repayment would apply. 

‘‘(3) An obligation to repay the United States imposed under 

paragraph (1) is for all purposes a debt owed to the United States. 

A discharge in bankruptcy under title 11 that is entered less than 

five years after the termination of an agreement entered into under 

subsection (a) or (c) does not discharge the individual signing the 

agreement from a debt arising under such agreement or under paragraph (1). 

‘‘(h) REGULATIONS.—This section shall be administered under 

regulations prescribed by the Secretary of Defense for the armed 

forces under the jurisdiction of the Secretary of Defense and by the 

Secretary of Homeland Security for the Coast Guard when it is not 

operating as a service in the Navy. 

‘‘(i) TERMINATION OF BONUS AUTHORITY.—No bonus may be 

paid under this section with respect to any agreement entered into 

under subsection (a) or (c) after December 31, 2006.’’. 

(b) REPEAL OF SUPERSEDED AFFILIATION BONUS AUTHORITY.—

Section 308e of such title is repealed. 

(c) CLERICAL AMENDMENTS.—The table of sections at the beginning of chapter 5 of such title is amended—

(1) by striking the item relating to section 308c and inserting the following new item: 

‘‘308c. Special pay: bonus for affiliation or enlistment in the Selected Reserve’’. 

; and 

(2) by striking the item relating to section 308e. 

SEC. 632. EXPANSION AND ENHANCEMENT OF SPECIAL PAY FOR ENLISTED MEMBERS OF THE SELECTED RESERVE ASSIGNED 

TO CERTAIN HIGH PRIORITY UNITS. 

(a) ELIGIBILITY FOR PAY.—Subsection (a) of section 308d of title 

37, United States Code, is amended by striking ‘‘an enlisted member’’ and inserting ‘‘a member’’. 

(b) AMOUNT OF PAY.—Such subsection is further amended by 

striking ‘‘$10’’ and inserting ‘‘$50’’. 

(c) CONFORMING AND CLERICAL AMENDMENTS.—

(1) CONFORMING AMENDMENT.—The heading of such section is amended to read as follows: 


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‘‘§ 308d. Special pay: members of the Selected Reserve assigned to certain high priority units’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 5 of such title is amended by striking the 

item relating to section 308d and inserting the following new 

item: 

‘‘308d. Special pay: members of the Selected Reserve assigned to certain high priority 

units.’’. 

SEC. 633. ELIGIBILITY REQUIREMENTS FOR PRIOR SERVICE ENLISTMENT BONUS. 

Section 308i(a)(2) of title 37, United States Code, is amended—

(1) by striking subparagraph (A) and inserting the following new subparagraph: 

‘‘(A) The person has not more than 16 years of total military service and received an honorable discharge at the conclusion of all prior periods of service.’’; and 

(2) by striking subparagraph (D). 

SEC. 634. INCREASE AND ENHANCEMENT OF AFFILIATION BONUS FOR 

OFFICERS OF THE SELECTED RESERVE. 

(a) REPEAL OF PROHIBITION ON ELIGIBILITY FOR PRIOR RESERVE SERVICE.—Subsection (a)(2) of section 308j of title 37, United 

States Code, is amended—

(1) in subparagraph (A), by adding ‘‘and’’ at the end; 

(2) by striking subparagraph (B); and 

(3) by redesignating subparagraph (C) as subparagraph 

(B). 

(b) INCREASE IN MAXIMUM AMOUNT.—Subsection (d) of such 

section is amended by striking ‘‘$6,000’’ and inserting ‘‘$10,000’’. 

(c) CONFORMING AND CLERICAL AMENDMENTS.—

(1) CONFORMING AMENDMENT.—The heading of such section is amended to read as follows: 

‘‘§ 308j. Special pay: affiliation bonus for officers in the Selected Reserve’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 5 of such title is amended by striking the 

item relating to section 308j and inserting the following new 

item: 

‘‘308j. Special pay: affiliation bonus for officers in the Selected Reserve.’’. 

SEC. 635. INCREASE IN AUTHORIZED MAXIMUM AMOUNT OF ENLISTMENT BONUS. 

Section 309(a) of title 37, United States Code, is amended by 

striking ‘‘$20,000’’ and inserting ‘‘$40,000’’. 

SEC. 636. DISCRETION OF SECRETARY OF DEFENSE TO AUTHORIZE 

RETROACTIVE HOSTILE FIRE AND IMMINENT DANGER 

PAY. 

Section 310(c) of title 37, United States Code, is amended—

(1) by redesignating paragraphs (1) and (2) as paragraphs 

(2) and (3), respectively; and 

(2) by inserting before paragraph (2), as so redesignated, 

the following new paragraph (1): 

‘‘(1) In the case of an area described in subparagraph (B) or (D) 

of subsection (a)(2), the Secretary of Defense shall be responsible for 


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designating the period during which duty in the area will qualify 

members for special pay under this section. The effective date designated for the commencement of such a period may be a date occurring before, on, or after the actual date on which the Secretary 

makes the designation. If the commencement date for such a period 

is a date occurring before the date on which the Secretary makes the 

designation, the payment of special pay under this section for the 

period between the commencement date and the date on which the 

Secretary makes the designation shall be subject to the availability 

of appropriated funds for that purpose.’’. 

SEC. 637. INCREASE IN MAXIMUM BONUS AMOUNT FOR NUCLEARQUALIFIED OFFICERS EXTENDING PERIOD OF ACTIVE 

DUTY. 

Section 312(a) of title 37, United States Code, is amended by 

striking ‘‘$25,000’’ and inserting ‘‘$30,000’’. 

SEC. 638. INCREASE IN MAXIMUM AMOUNT OF NUCLEAR CAREER ANNUAL INCENTIVE BONUS FOR NUCLEAR-QUALIFIED OFFICERS TRAINED WHILE SERVING AS ENLISTED MEMBERS. 

Section 312c(b)(1) of title 37, United States Code, is amended 

by striking ‘‘$10,000’’ and inserting ‘‘$14,000’’. 

SEC. 639. UNIFORM PAYMENT OF FOREIGN LANGUAGE PROFICIENCY 

PAY TO ELIGIBLE RESERVE COMPONENT MEMBERS AND 

REGULAR COMPONENT MEMBERS. 

(a) AVAILABILITY OF BONUS IN LIEU OF MONTHLY SPECIAL

PAY.—Subsection (a) of section 316 of title 37, United States Code, 

is amended—

(1) by striking ‘‘SPECIAL PAY’’ and inserting ‘‘BONUS’’; 

(2) by striking ‘‘monthly special pay’’ and inserting ‘‘a 

bonus’’; and 

(3) by striking ‘‘is entitled to basic pay under section 204 

of this title and who’’. 

(b) PAYMENT OF BONUS.—Such section is further amended—

(1) by striking subsections (b), (d), (e), and (g); 

(2) by redesignating subsections (f) and (h) as subsections 

(d) and (f), respectively; and 

(3) by inserting after subsection (a) the following new subsection (b): 

‘‘(b) BONUS AMOUNT; TIME FOR PAYMENT.—A bonus under subsection (a) may not exceed $12,000 per one-year certification period 

under subsection (c). The Secretary concerned may pay the bonus in 

a single lump sum at the beginning of the certification period or in 

installments during the certification period. The bonus is in addition to any other pay or allowance payable to a member under any 

other provision of law.’’. 

(c) REPAYMENT.—Such section is further amended by inserting 

after subsection (d), as redesignated by subsection (b)(2) of this section, the following new subsection (e): 

‘‘(e) REPAYMENT.—(1) A member who receives a bonus under 

this section, but who does not satisfy an eligibility requirement specified in paragraph (1), (2), (3), or (4) of subsection (a) for the entire 

certification period, shall repay to the United States the amount of 

the bonus so paid, except as otherwise prescribed under paragraph 

(2). 

‘‘(2) The Secretary concerned shall prescribe in regulations 

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graph (1) shall be made in whole or in part, the method for computing the amount of such repayment, and any conditions under 

which an exception to required repayment would apply. ‘‘(3) An obligation to repay the United States imposed under 

paragraph (1) is for all purposes a debt owed to the United States. 

A discharge in bankruptcy under title 11 that is entered less than 

five years after the date on which the member received the bonus 

does not discharge the member from a debt arising under paragraph (1).’’. (d) CONFORMING AMENDMENTS.—Such section is further 

amended—

(1) in subsection (c)— (A) by striking ‘‘special pay or’’ both places it appears; 

and 

(B) by striking ‘‘or (b)’’; 

(2) in subsection (d), as redesignated by subsection (b)(2) of 

this section— (A) in paragraph (1)— (i) by striking ‘‘monthly special pay or’’ in the matter preceding subparagraph (A); and 

(ii) in subparagraph (C), by striking ‘‘for receipt’’ and all that follows through the period at the end and 

inserting ‘‘under subsection (a).’’; 

(B) in paragraph (2), by striking ‘‘For purposes’’ and 

all that follows through ‘‘the Secretary concerned’’ and inserting ‘‘The Secretary concerned’’; 

(C) in paragraph (3)— (i) by striking ‘‘special pay or’’ both places it appears; and 

(ii) by striking ‘‘subsection (h)’’ and inserting ‘‘subsection (f)’’; and 

(D) in paragraph (4), by striking ‘‘subsection (g)’’ and 

inserting ‘‘section 303a(e) of this title’’. (e) CLERICAL AMENDMENTS.— (1) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 316. Special pay: bonus for members with foreign language 

proficiency’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 5 of such title is amended by striking the item 

relating to section 316 and inserting the following new item: 

‘‘316. Special pay: bonus for members with foreign language proficiency.’’. 

SEC. 640. RETENTION BONUS FOR MEMBERS QUALIFIED IN CERTAIN 

CRITICAL SKILLS OR ASSIGNED TO HIGH PRIORITY UNITS. 

(a) AVAILABILITY OF BONUS FOR RESERVE COMPONENT MEMBERS.—Section 323 of title 37, United States Code, is amended—

(1) in subsection (a)—

(A) in the matter preceding paragraph (1), by striking 

‘‘who is serving on active duty and’’ and inserting ‘‘who is 

serving on active duty in a regular component or in an active status in a reserve component and who’’; 

(B) in paragraph (1), by inserting ‘‘or to remain in an 

active status in a reserve component for at least one year’’

before the semicolon; and 


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171 

(C) in paragraph (3), by inserting ‘‘or to remain in an 

active status in a reserve component for a period of at least 

one year’’ before the period; and 

(2) in subsection (e)(1), by inserting ‘‘or service in an active 

status in a reserve component’’ after ‘‘active duty’’ each place it 

appears. 

(b) ADDITIONAL CRITERIA FOR BONUS.—Such section is further 

amended—

(1) in subsection (a), by striking ‘‘designated critical military skill’’ and inserting ‘‘critical military skill designated 

under subsection (b) or accepts an assignment to a high priority 

unit designated under such subsection’’; 

(2) in subsection (b)—

(A) by striking ‘‘DESIGNATION OF CRITICAL SKILLS.—’’

and inserting ‘‘ELIGIBILITY CRITERIA.—(1)’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(2) The Secretary of Defense, and the Secretary of Homeland 

Security with respect to the Coast Guard when it is not operating 

as a service in the Navy, may designate a unit as a high priority 

unit regarding which a retention bonus will be provided to a member of the armed forces who agrees to accept an assignment to the 

unit under subsection (a).’’; and 

(3) in subsection (h)(1), by striking ‘‘members qualified in 

the critical military skills for which the bonuses were offered’’

and inserting ‘‘members of the armed forces who were offered a 

bonus under this section’’. 

(c) MAXIMUM AMOUNT OF BONUS FOR RESERVE COMPONENT

MEMBERS.—Subsection (d)(1) of such section is amended by inserting after ‘‘$200,000’’ the following: ‘‘(or $100,000 in the case of a reserve component member)’’. 

(d) EXTENDED ELIGIBILITY PERIOD FOR CERTAIN MEMBERS.—

Subsection (e) of such section is amended by striking paragraph (2) 

and inserting the following new paragraphs: 

‘‘(2) The limitations in paragraph (1) do not apply with respect 

to an officer who, during the period of active duty or service in an 

active status in a reserve component for which the bonus is being 

offered, is assigned duties as a health care professional. 

‘‘(3) The limitations in paragraph (1) do not apply with respect 

to a member who, during the period of active duty or service in an 

active status in a reserve component for which the bonus is being 

offered—

‘‘(A) is qualified in a skill designated as critical under subsection (b)(1) related to special operations forces; or 

‘‘(B) is qualified for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion 

plants.’’. 

(e) REPAYMENT REQUIREMENTS.—Subsection (g)(1) of such section is amended by striking ‘‘If’’ and all that follows through ‘‘under 

this section,’’ and inserting ‘‘If a member paid a bonus under this 

section fails, during the period of service covered by the member’s 

agreement, reenlistment, or voluntary extension of enlistment under 

subsection (a), to remain qualified in the critical military skill or to 

satisfy the other eligibility criteria for which the bonus was paid,’’. 

(f) CLERICAL AMENDMENTS.—


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172 

(1) SECTION HEADING.—The heading of section 323 of such 

title is amended to read as follows: 

‘‘§ 323. Special pay: retention incentives for members qualified in critical military skills or assigned to high 

priority units’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 5 of such title is amended by striking the item 

relating to section 323 and inserting the following new item: 

‘‘323. Special pay: retention incentives for members qualified in critical military 

skills or assigned to high priority units.’’. 

SEC. 641. INCENTIVE BONUS FOR TRANSFER BETWEEN ARMED 

FORCES. 

(a) IN GENERAL.—Chapter 5 of title 37, United States Code, is 

amended by adding at the end the following new section: 

‘‘§ 327. Incentive bonus: transfer between armed forces 

‘‘(a) INCENTIVE BONUS AUTHORIZED.—A bonus under this section may be paid to an eligible member of a regular component or 

reserve component of an armed force who executes a written agreement—

‘‘(1) to transfer from such regular component or reserve 

component to a regular component or reserve component of another armed force; and 

‘‘(2) to serve pursuant to such agreement for a period of not 

less than three years in the component to which transferred. 

‘‘(b) ELIGIBLE MEMBERS.—A member is eligible to enter into an 

agreement under subsection (a) if, as of the date of the agreement, 

the member—

‘‘(1) has not failed to satisfactorily complete any term of enlistment in the armed forces; 

‘‘(2) is eligible for reenlistment in the armed forces or, in 

the case of an officer, is eligible to continue in service in a regular or reserve component of the armed forces; and 

‘‘(3) has fulfilled such requirements for transfer to the component of the armed force to which the member will transfer as 

the Secretary having jurisdiction over such armed force shall 

establish. 

‘‘(c) LIMITATION.—A member may enter into an agreement 

under subsection (a) to transfer to a regular component or reserve 

component of another armed force only if the Secretary having jurisdiction over such armed force determines that there is shortage of 

trained and qualified personnel in such component. 

‘‘(d) AMOUNT AND PAYMENT OF BONUS.—(1) A bonus under this 

section may not exceed $2,500. 

‘‘(2) A bonus under this section shall be paid by the Secretary 

having jurisdiction of the armed force to which the member to be 

paid the bonus is transferring. 

‘‘(3) A bonus under this section shall, at the election of the Secretary paying the bonus—

‘‘(A) be disbursed to the member in one lump sum when the 

transfer for which the bonus is paid is approved by the chief 

personnel officer of the armed force to which the member is 

transferring; or 


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173 

‘‘(B) be paid to the member in annual installments in such 

amounts as may be determined by the Secretary paying the 

bonus. 

‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.—A bonus 

paid to a member under this section is in addition to any other pay 

and allowances to which the member is entitled. 

‘‘(f) REPAYMENT.—(1) A member who is paid a bonus under an 

agreement under this section and who, voluntarily or because of 

misconduct, fails to serve for the period covered by such agreement 

shall refund to the United States an amount which bears the same 

ratio to the amount of the bonus paid such member as the period 

which such member failed to serve bears to the total period for 

which the bonus was paid. 

‘‘(2) An obligation to reimburse the United States imposed 

under paragraph (1) is for all purposes a debt owed to the United 

States. 

‘‘(3) A discharge in bankruptcy under title 11 that is entered 

less than 5 years after the termination of an agreement under this 

section does not discharge the person signing such agreement from 

a debt arising under paragraph (1). 

‘‘(g) REGULATIONS.—The Secretaries concerned shall prescribe 

regulations to carry out this section. Regulations prescribed by the 

Secretary of a military department under this subsection shall be 

subject to the approval of the Secretary of Defense. 

‘‘(h) TERMINATION OF AUTHORITY.—No agreement under this 

section may be entered into after December 31, 2006.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 5 of such title is amended by adding at the end the 

following new item: 

‘‘327. Incentive bonus: transfer between armed forces.’’. 

SEC. 642. AVAILABILITY OF SPECIAL PAY FOR MEMBERS DURING REHABILITATION FROM WOUNDS, INJURIES, AND ILLNESSES 

INCURRED IN A COMBAT OPERATION OR COMBAT ZONE. 

(a) SPECIAL PAY AUTHORIZED.—Chapter 5 of title 37, United 

States Code, is amended by inserting after section 327, as added by 

section 641, the following new section: 

‘‘§ 328. Combat-related injury rehabilitation pay 

‘‘(a) SPECIAL PAY AUTHORIZED.—The Secretary concerned may 

pay monthly special pay under this section to a member of the 

armed forces who, while in the line of duty, incurs a wound, injury, 

or illness in a combat operation or combat zone designated by the 

Secretary of Defense and is evacuated from the theater of the combat 

operation or from the combat zone for medical treatment. 

‘‘(b) COMMENCEMENT OF PAYMENT.—Subject to subsection (c), 

the special pay authorized by subsection (a) may be paid to a member described in such subsection for any month beginning after the 

date on which the member was evacuated from the theater of the 

combat operation or the combat zone in which the member incurred 

the combat-related injury. 

‘‘(c) TERMINATION OF PAYMENTS.—The payment of special pay 

to a member under subsection (a) shall terminate at the end of the 

first month during which any of the following occurs: 


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‘‘(1) The member is paid a benefit under the traumatic injury protection rider of the Servicemembers’ Group Life Insurance Program issued under section 1980A of title 38. 

‘‘(2) The member receives notification of the eligibility of the 

member for a benefit under such traumatic injury protection 

rider and a period of 30 days expires after the date of such notification. 

‘‘(3) The member is no longer hospitalized in a military 

treatment facility or a facility under the auspices of the military 

health care system. 

‘‘(d) AMOUNT OF SPECIAL PAY.—The monthly amount of special 

pay paid to a member under this section shall be equal to $430, less 

any payment received by the member for the same month under section 310(b) of this title. 

‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.—Special 

pay paid to a member under this section is in addition to any other 

pay and allowances to which the member is entitled or authorized 

to receive.’’. 

(b) CONTINUATION OF HOSTILE FIRE AND IMMINENT DANGER

PAY DURING HOSPITALIZATION.—Section 310(b) of such title is 

amended—

(1) by striking ‘‘A member covered by subsection (a)(2)(C)’’

and all that follows through ‘‘the injury or wound’’ and inserting ‘‘(1) A member described in paragraph (2)’’; 

(2) by striking ‘‘so hospitalized’’ and inserting ‘‘hospitalized 

as described in such paragraph’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(2) Paragraph (1) applies with respect to a member who—

‘‘(A) is injured or wounded under the circumstances described in subsection (a)(2)(C) and is hospitalized for the treatment of the injury or wound; or 

‘‘(B) while in the line of duty, incurs a wound, injury, or 

illness in a combat operation or combat zone designated by the 

Secretary of Defense and is hospitalized outside of the theater 

of the combat operation or the combat zone for the treatment of 

the wound, injury, or illness.’’. 

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 5 of such title is amended by inserting after the item 

relating to section 327, as added by section 641, the following new 

item: 

‘‘328. Combat-related injury rehabilitation pay.’’. 

(d) EFFECTIVE DATE.—The Secretary of a military department 

may provide special pay under section 328 of title 37, United States 

Code, as added by subsection (a), for months beginning on or after 

the date of the enactment of this Act. A member of the Armed Forces 

who incurred a wound, injury, or illness under the circumstances 

described in subsection (a) of such section before the date of the enactment of this Act may receive such pay for such wound, injury, 

or illness for months beginning on or after that date so long as the 

member continues to satisfy the eligibility criteria specified in such 

section. 

SEC. 643. PAY AND BENEFITS TO FACILITATE VOLUNTARY SEPARATION OF TARGETED MEMBERS OF THE ARMED FORCES. 

(a) PAY AND BENEFITS AUTHORIZED.—


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(1) IN GENERAL.—Chapter 59 of title 10, United States 

Code, is amended by inserting after section 1175 the following 

new section: 

‘‘§ 1175a. Voluntary separation pay and benefits 

‘‘(a) IN GENERAL.—Under regulations approved by the Secretary 

of Defense, the Secretary concerned may provide voluntary separation pay and benefits in accordance with this section to eligible 

members of the armed forces who are voluntarily separated from active duty in the armed forces. ‘‘(b) ELIGIBLE MEMBERS.—(1) Except as provided in paragraph 

(2), a member of the armed forces is eligible for voluntary separation pay and benefits under this section if the member— ‘‘(A) has served on active duty for more than 6 years but not 

more than 20 years; ‘‘(B) has served at least 5 years of continuous active duty 

immediately preceding the date of the member’s separation from 

active duty; ‘‘(C) has not been approved for payment of a voluntary separation incentive under section 1175 of this title; ‘‘(D) meets such other requirements as the Secretary concerned may prescribe, which may include requirements relating 

to— ‘‘(i) years of service, skill, rating, military specialty, or 

competitive category; ‘‘(ii) grade or rank; 

‘‘(iii) remaining period of obligated service; or 

‘‘(iv) any combination of these factors; and ‘‘(E) requests separation from active duty. ‘‘(2) The following members are not eligible for voluntary separation pay and benefits under this section: ‘‘(A) Members discharged with disability severance pay 

under section 1212 of this title. ‘‘(B) Members transferred to the temporary disability retired list under section 1202 or 1205 of this title. 

‘‘(C) Members being evaluated for disability retirement 

under chapter 61 of this title. 

‘‘(D) Members who have been previously discharged with 

voluntary separation pay. 

‘‘(E) Members who are subject to pending disciplinary action or who are subject to administrative separation or mandatory discharge under any other provision of law or regulations. 

‘‘(3) The Secretary concerned shall determine each year the 

number of members to be separated, and provided separation pay 

and benefits, under this section during the fiscal year beginning in 

such year. 

‘‘(c) SEPARATION.—Each eligible member of the armed forces 

whose request for separation from active duty under subsection 

(b)(1)(E) is approved shall be separated from active duty. ‘‘(d) ADDITIONAL SERVICE IN READY RESERVE.—Of the number 

of members of the armed forces to be separated from active duty in 

a fiscal year, as determined under subsection (b)(3), the Secretary 

concerned shall determine a number of such members, in such skill 

and grade combinations as the Secretary concerned shall designate, 

who shall serve in the Ready Reserve, after separation from active 


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duty, for a period of not less than three years, as a condition of the 

receipt of voluntary separation pay and benefits under this section. 

‘‘(e) SEPARATION PAY AND BENEFITS.—(1) A member of the 

armed forces who is separated from active duty under subsection (c) 

shall be paid voluntary separation pay in accordance with subsection (g) in an amount determined by the Secretary concerned pursuant to subsection (f). 

‘‘(2) A member who is not entitled to retired or retainer pay 

upon separation shall be entitled to the benefits and services provided under—

‘‘(A) chapter 58 of this title during the 180-day period beginning on the date the member is separated (notwithstanding 

any termination date for such benefits and services otherwise 

applicable under the provisions of such chapter); and 

‘‘(B) sections 404 and 406 of title 37. 

‘‘(f) COMPUTATION OF VOLUNTARY SEPARATION PAY.—The Secretary concerned shall specify the amount of voluntary separation 

pay that an individual or defined group of members of the armed 

forces may be paid under subsection (e)(1). No member may receive 

as voluntary separation pay an amount greater than two times the 

full amount of separation pay for a member of the same pay grade 

and years of service who is involuntarily separated under section 

1174 of this title. 

‘‘(g) PAYMENT OF VOLUNTARY SEPARATION PAY.—(1) Voluntary 

separation pay under this section may be paid in a single lump 

sum. 

‘‘(2) In the case of a member of the armed forces who, at the 

time of separation under subsection (c), has completed at least 15 

years, but less than 20 years, of active service, voluntary separation 

pay may be paid, at the election of the Secretary concerned, in—

‘‘(A) a single lump sum; 

‘‘(B) installments over a period not to exceed 10 years; or 

‘‘(C) a combination of lump sum and such installments. 

‘‘(h) COORDINATION WITH RETIRED OR RETAINER PAY AND DISABILITY COMPENSATION.—(1) A member who is paid voluntary separation pay under this section and who later qualities for retired or 

retainer pay under this title or title 14 shall have deducted from 

each payment of such retired or retainer pay an amount, in such 

schedule of monthly installments as the Secretary concerned shall 

specify, until the total amount deducted from such retired or retainer pay is equal to the total amount of voluntary separation pay 

so paid. 

‘‘(2)(A) Except as provided in subparagraphs (B) and (C), a 

member who is paid voluntary separation pay under this section 

shall not be deprived, by reason of the member’s receipt of such pay, 

of any disability compensation to which the member is entitled 

under the laws administered by the Secretary of Veterans Affairs, 

but there shall be deducted from such disability compensation an 

amount, in such schedule of monthly installments as the Secretary 

concerned shall specify, until the total amount deducted from such 

disability compensation is equal to the total amount of voluntary 

separation pay so paid, less the amount of Federal income tax withheld from such pay (such withholding being at the flat withholding 

rate for Federal income tax withholding, as in effect pursuant to 


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regulations prescribed under chapter 24 of the Internal Revenue 

Code of 1986). ‘‘(B) No deduction shall be made from the disability compensation paid to an eligible disabled uniformed services retiree under 

section 1413, or to an eligible combat-related disabled uniformed 

services retiree under section 1413a of this title, who is paid voluntary separation pay under this section. ‘‘(C) No deduction may be made from the disability compensation paid to a member for the amount of voluntary separation pay 

received by the member because of an earlier discharge or release 

from a period of active duty if the disability which is the basis for 

that disability compensation was incurred or aggravated during a 

later period of active duty. ‘‘(3) The requirement under this subsection to repay voluntary 

separation pay following retirement from the armed forces does not 

apply to a member who was eligible to retire at the time the member 

applied and was accepted for voluntary separation pay and benefits 

under this section. ‘‘(4) The Secretary concerned may waive the requirement to 

repay voluntary separation pay under paragraphs (1) and (2) if the 

Secretary determines that recovery would be against equity and 

good conscience or would be contrary to the best interests of the 

United States. ‘‘(i) RETIREMENT DEFINED.—In this section, the term ‘retirement’ includes a transfer to the Fleet Reserve or Fleet Marine Corps 

Reserve. ‘‘(j) REPAYMENT FOR MEMBERS WHO RETURN TO ACTIVE

DUTY.—(1) Except as provided in paragraphs (2) and (3), a member 

of the armed forces who, after having received all or part of voluntary separation pay under this section, returns to active duty 

shall have deducted from each payment of basic pay, in such schedule of monthly installments as the Secretary concerned shall specify, 

until the total amount deducted from such basic pay equals the 

total amount of voluntary separation pay received. 

‘‘(2) Members who are involuntarily recalled to active duty or 

full-time National Guard duty in accordance with section 12301(a), 

12301(b), 12301(g), 12302, 12303, or 12304 of this title or section 

502(f)(1) of title 32 shall not be subject to this subsection. 

‘‘(3) Members who are recalled or perform active duty or fulltime National Guard duty in accordance with section 101(d)(1), 

101(d)(2), 101(d)(5), 12301(d) (insofar as the period served is less 

than 180 consecutive days with the consent of the member), 12319, 

or 12503 of title 10, or section 114, 115, or 502(f)(2) of title 32 (insofar as the period served is less than 180 consecutive days with consent of the member), shall not be subject to this subsection. 

‘‘(4) The Secretary of Defense may waive, in whole or in part, 

repayment required under paragraph (1) if the Secretary determines 

that recovery would be against equity and good conscience or would 

be contrary to the best interests of the United States. The authority 

in this paragraph may be delegated only to the Undersecretary of 

Defense for Personnel and Readiness and the Principal Deputy Undersecretary of Defense for Personnel and Readiness. 

‘‘(k) TERMINATION OF AUTHORITY.—(1) The authority to separate a member of the armed forces from active duty under subsection (c) shall terminate on December 31, 2008. 


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‘‘(2) A member who separates by the date specified in paragraph 

(1) may continue to be provided voluntary separation pay and benefits under this section until the member has received the entire 

amount of pay and benefits to which the member is entitled under 

this section.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 59 of such title is amended by inserting after 

the item relating to section 1175 the following new item: 

‘‘1175a. Voluntary separation pay and benefits.’’. 

(b) LIMITATION ON APPLICABILITY.—During the period beginning on the date of the enactment of this Act and ending on December 31, 2008, the members of the Armed Forces who are eligible for 

separation, and for the provision of voluntary separation pay and 

benefits, under section 1175a of title 10, United States Code (as 

added by subsection (a)), shall be limited to officers of the Armed 

Forces who meet the eligibility requirements of section 1175a(b) of 

title 10, United States Code (as so added), but have not completed 

more than 12 years of active service as of the date of separation 

from active duty. 

SEC. 644. RATIFICATION OF PAYMENT OF CRITICAL-SKILLS ACCESSION 

BONUS FOR PERSONS ENROLLED IN SENIOR RESERVE OFFICERS’ TRAINING CORPS OBTAINING NURSING DEGREES. 

(a) ACCESSION BONUS AUTHORIZED.—In the case of an agreement executed under section 324 of title 37, United States Code, 

from October 5, 2004, through December 31, 2005, between the Secretary of the Army and a person who completed the second year of 

an accredited baccalaureate degree program in nursing to serve in 

the Army Nurse Corps, the payment of an accession bonus to the 

person under such section is authorized even though the person did 

not possess a skill designated as critical and, at the time of the 

agreement, was enrolled in the Senior Reserve Officers’ Training 

Corps program of the Army for advanced training under chapter 

103 of title 10, United States Code, including a person receiving financial assistance under section 2107 of such title. 

(b) LIMITATION ON AMOUNT OF BONUS.—The amount of the accession bonus referred to in subsection (a) may not exceed $5,000. 

SEC. 645. TEMPORARY AUTHORITY TO PAY BONUS TO ENCOURAGE 

MEMBERS OF THE ARMY TO REFER OTHER PERSONS FOR 

ENLISTMENT IN THE ARMY. 

(a) AUTHORITY TO PAY BONUS.—The Secretary of the Army may 

pay a bonus under this section to a member of the Army, whether 

in the regular component of the Army or in the Army National 

Guard or Army Reserve, who refers to an Army recruiter a person 

who has not previously served in an Armed Force and who, after 

such referral, enlists in the regular component of the Army or in the 

Army National Guard or Army Reserve. 

(b) REFERRAL.—For purposes of this section, a referral for 

which a bonus may be paid under subsection (a) occurs—

(1) when a member of the Army contacts an Army recruiter 

on behalf of a person interested in enlisting in the Army; or 

(2) when a person interested in enlisting in the Army contacts the Army recruiter and informs the recruiter of the role of 

the member in initially recruiting the person. 

(c) CERTAIN REFERRALS INELIGIBLE.—


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(1) REFERRAL OF IMMEDIATE FAMILY.—A member of the 

Army may not be paid a bonus under subsection (a) for the referral of an immediate family member. 

(2) MEMBERS IN RECRUITING ROLES.—A member of the 

Army serving in a recruiting or retention assignment, or assigned to other duties regarding which eligibility for a bonus 

under subsection (a) could (as determined by the Secretary) be 

perceived as creating a conflict of interest, may not be paid a 

bonus under subsection (a). 

(d) AMOUNT OF BONUS.—The amount of the bonus paid for a 

referral under subsection (a) may not exceed $1,000. The bonus 

shall be paid in a lump sum. 

(e) TIME OF PAYMENT.—A bonus may not be paid under subsection (a) with respect to a person who enlists in the Army until 

the person completes basic training and individual advanced training. 

(f) RELATION TO PROHIBITION ON BOUNTIES.—The referral 

bonus authorized by this section is not a bounty for purposes of section 514(a) of title 10, United States Code. 

(g) DURATION OF AUTHORITY.—A bonus may not be paid under 

subsection (a) with respect to any referral that occurs after December 31, 2007. 

Subtitle C—Travel and Transportation 

Allowances 

SEC. 651. AUTHORIZED ABSENCES OF MEMBERS FOR WHICH LODGING 

EXPENSES AT TEMPORARY DUTY LOCATION MAY BE PAID. 

(a) ABSENCES COVERED BY ALLOWANCE.—Section 404b of title 

37, United States Code, is amended—

(1) in subsection (a), by striking ‘‘while the member is in an 

authorized leave status’’ and inserting ‘‘during an authorized 

absence of the member from the temporary duty location’’; 

(2) in subsection (b)—

(A) in paragraph (1), by striking ‘‘taking the authorized 

leave’’ and inserting ‘‘the authorized absence’’; and 

(B) in paragraph (3), by striking ‘‘immediately after 

completing the authorized leave’’ and inserting ‘‘before the 

end of the authorized absence’’; 

(3) in subsection (c), by striking ‘‘while the member was in 

an authorized leave status’’ and inserting ‘‘during the authorized absence of the member’’; and 

(4) by adding at the end the following new subsection: 

‘‘(d) AUTHORIZED ABSENCE DEFINED.—In this section, the term 

‘authorized absence’, with respect to a member, means that the 

member is in an authorized leave status or that the absence of the 

member is otherwise authorized under regulations prescribed by the 

Secretary concerned.’’. 

(b) CLERICAL AMENDMENTS.—

(1) SECTION HEADING.—The heading of such section is 

amended to read as follows: 


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180 

‘‘§ 404b. Travel and transportation allowances: payment of 

lodging expenses at temporary duty location during 

authorized absence of member’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 7 of such title is amended by striking the item 

relating to section 404b and inserting the following new item: 

‘‘404b. Travel and transportation allowances: payment of lodging expenses at temporary duty location during authorized absence of member.’’. 

SEC. 652. EXTENDED PERIOD FOR SELECTION OF HOME FOR TRAVEL 

AND TRANSPORTATION ALLOWANCES FOR DEPENDENTS 

OF DECEASED MEMBERS. 

(a) DEATH OF MEMBERS ENTITLED TO BASIC PAY.—Subsection 

(f) section 406 of title 37, United States Code, is amended—

(1) by inserting ‘‘(1)’’ after ‘‘(f)’’; 

(2) by striking ‘‘he’’ and inserting ‘‘the member’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(2) The Secretary concerned shall give the dependents of a 

member described in paragraph (1) a period of not less than three 

years, beginning on the date of the death of the member, during 

which to select a home for the purposes of the travel and transportation allowances authorized by this section.’’. 

(b) CERTAIN OTHER DECEASED MEMBERS.—Subsection (g)(3) of 

such section is amended in the first sentence—

(1) by striking ‘‘he exercises it’’ and inserting ‘‘the member 

exercises the right or entitlement’’; 

(2) by striking ‘‘his surviving dependents or, if’’ and inserting ‘‘the surviving dependents at any time before the end of the 

three-year period beginning on the date on which the member 

accrued that right or entitlement. If’’; and 

(3) by striking ‘‘his baggage and household effects’’ and inserting ‘‘the baggage and household effects of the deceased member’’. 

SEC. 653. TRANSPORTATION OF FAMILY MEMBERS IN CONNECTION 

WITH THE REPATRIATION OF MEMBERS HELD CAPTIVE. 

(a) ALLOWANCES AUTHORIZED.—Chapter 7 of title 37, United 

States Code, is amended by inserting after section 411i the following 

new section: 

‘‘§ 411j. Travel and transportation allowances: transportation of family members incident to the repatriation of members held captive 

‘‘(a) ALLOWANCE FOR FAMILY MEMBERS AND CERTAIN OTHERS.—(1) Under uniform regulations prescribed by the Secretaries 

concerned, travel and transportation described in subsection (d) 

may be provided for not more than three family members of a member described in subsection (b). 

‘‘(2) In addition to the family members authorized to be provided travel and transportation under paragraph (1), the Secretary 

concerned may provide travel and transportation described in subsection (d) to an attendant to accompany a family member described 

in that paragraph if the Secretary determines that—

‘‘(A) the family member to be accompanied is unable to 

travel unattended because of age, physical condition, or other 

reason determined by the Secretary; and 


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181 

‘‘(B) no other family member who is eligible for travel and 

transportation under paragraph (1) is able to serve as an attendant for the family member. 

‘‘(3) If no family member of a member described in subsection 

(b) is able to travel to the repatriation site of the member, travel and 

transportation described in subsection (d) may be provided to not 

more than 2 persons related to and selected by the member. 

‘‘(4) In circumstances determined to be appropriate by the Secretary concerned, the Secretary may waive the limitation on the 

number of family members of a member provided travel and transportation allowances under this section. 

‘‘(b) COVERED MEMBERS.—A member described in this subsection is a member of the uniformed services who—

‘‘(1) is serving on active duty; 

‘‘(2) was held captive, as determined by the Secretary concerned; and 

‘‘(3) is repatriated to a site inside or outside the United 

States. 

‘‘(c) ELIGIBLE FAMILY MEMBERS.—In this section, the term ‘family member’ has the meaning given the term in section 411h(b) of 

this title. 

‘‘(d) TRAVEL AND TRANSPORTATION AUTHORIZED.—(1) The 

transportation authorized by subsection (a) is round-trip transportation between the home of the family member (or home of the attendant or person provided transportation under paragraph (2) or 

(3) of subsection (a), as the case may be) and the location of the repatriation site at which the member is located. 

‘‘(2) In addition to the transportation authorized by subsection 

(a), the Secretary concerned may provide a per diem allowance or 

reimbursement for the actual and necessary expenses of the travel, 

or a combination thereof, but not to exceed the rates established for 

such allowances and expenses under section 404(d) of this title. 

‘‘(3) The transportation authorized by subsection (a) may be provided by any of the means described in section 411h(d)(1) of this 

title. 

‘‘(4) An allowance under this subsection may be paid in advance. 

‘‘(5) Reimbursement payable under this subsection may not exceed the cost of Government-procured round-trip air travel.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item 

relating to section 411i the following new item: 

‘‘411j. Travel and transportation allowances: transportation of family members incident to the repatriation of members held captive.’’. 

SEC. 654. INCREASED WEIGHT ALLOWANCES FOR SHIPMENT OF 

HOUSEHOLD GOODS OF SENIOR NONCOMMISSIONED OFFICERS. 

(a) INCREASE.—The table in section 406(b)(1)(C) of title 37, 

United States Code, is amended by striking the items relating to 

pay grades E–7 through E–9 and inserting the following new items: 

‘‘E–9 ...................................................................................... 13,000 15,000

E–8 ....................................................................................... 12,000 14,000

E–7 ....................................................................................... 11,000 13,000’’. 


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(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on January 1, 2006, and apply with respect to an 

order in connection with a change of temporary or permanent station issued on or after that date. 

SEC. 655. PERMANENT AUTHORITY TO PROVIDE TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY MEMBERS TO 

VISIT HOSPITALIZED MEMBERS OF THE ARMED FORCES 

INJURED IN COMBAT OPERATION OR COMBAT ZONE. 

(a) AUTHORITY TO CONTINUE ALLOWANCE.—Section 1026 of division A of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public 

Law 109–13; 119 Stat. 254), is amended by striking subsections (d) 

and (e). 

(b) CONFORMING AMENDMENT.—Subsection (a)(2)(B)(ii) of section 411h of title 37, United States Code, as added by section 1026 

of division A of the Emergency Supplemental Appropriations Act for 

Defense, the Global War on Terror, and Tsunami Relief, 2005, is 

amended by striking ‘‘under section 1967(e)(1)(A) of title 38’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the earlier of the following: 

(1) The date of the enactment of this Act. 

(2) The date specified in section 106(3) of Public Law 109–

77 (119 Stat. 2039). 

Subtitle D—Retired Pay and Survivor 

Benefits 

SEC. 661. MONTHLY DISBURSEMENT TO STATES OF STATE INCOME 

TAX WITHHELD FROM RETIRED OR RETAINER PAY. 

Section 1045(a) of title 10, United States Code, is amended in 

the third sentence—

(1) by striking ‘‘quarter’’ the first place it appears and inserting ‘‘month’’; and 

(2) by striking ‘‘during the month following that calendar 

quarter’’ and inserting ‘‘during the following calendar month’’. 

SEC. 662. DENIAL OF CERTAIN BURIAL-RELATED BENEFITS FOR INDIVIDUALS WHO COMMITTED A CAPITAL OFFENSE. 

(a) PROHIBITION OF INTERMENT IN NATIONAL CEMETERIES.—

Section 2411 of title 38, United States Code, is amended—

(1) in subsection (b)—

(A) in paragraph (1), by striking ‘‘for which the person 

was sentenced to death or life imprisonment’’ and inserting 

‘‘and whose conviction is final (other than a person whose 

sentence was commuted by the President)’’; and 

(B) in paragraph (2), by striking ‘‘for which the person 

was sentenced to death or life imprisonment without parole’’ and inserting ‘‘and whose conviction is final (other 

than a person whose sentence was commuted by the Governor of a State)’’; and 

(2) in subsection (d)—

(A) in paragraph (1), by striking ‘‘the death penalty or 

life imprisonment may be imposed’’ and inserting ‘‘a sentence of imprisonment for life or the death penalty may be 

imposed’’; and 


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183 

(B) in paragraph (2), by striking ‘‘the death penalty or 

life imprisonment without parole may be imposed’’ and inserting ‘‘a sentence of imprisonment for life or the death 

penalty may be imposed’’. 

(b) PROHIBITION OF CERTAIN DEPARTMENT OF DEFENSE BENEFITS.—

(1) ADDITIONAL CIRCUMSTANCES FOR PROHIBITION OF PERFORMANCE OF MILITARY HONORS.—Subsection (a) of section 985 

of title 10, United States Code, is amended—

(A) by inserting ‘‘(under section 1491 of this title or any 

other authority)’’ after ‘‘military honors’’; and 

(B) by striking ‘‘a person who’’ and all that follows and 

inserting the following: ‘‘any of the following persons: 

‘‘(1) A person described in section 2411(b) of title 38. 

‘‘(2) A person who is a veteran (as defined in section 

1491(h) of this title) or who died while on active duty or a member of a reserve component, when the circumstances surrounding the person’s death or other circumstances as specified 

by the Secretary of Defense are such that to provide military 

honors at the funeral or burial of the person would bring discredit upon the person’s service (or former service).’’. 

(2) ADDITIONAL CIRCUMSTANCES FOR PROHIBITION OF INTERMENT IN MILITARY CEMETERY.—Subsection (b) of such section is amended by striking ‘‘convicted of a capital offense 

under Federal law’’ and inserting ‘‘who is ineligible for interment in a national cemetery under the control of the National 

Cemetery Administration by reason of section 2411(b) of title 

38’’. 

(3) CONFORMING AMENDMENT.—Subsection (c) such section 

is amended to read as follows: 

‘‘(c) DEFINITION.—In this section, the term ‘burial’ includes 

inurnment.’’. 

(4) PROHIBITION OF FUNERAL HONORS.—Section 1491(a) of 

title 10, United States Code, is amended by inserting before the 

period at the end the following: ‘‘, except when military honors 

are prohibited under section 985(a) of this title’’. 

(c) CLERICAL AMENDMENTS.—

(1) SECTION HEADING.—The heading of section 985 of such 

title is amended to read as follows: 

‘‘§ 985. Persons convicted of capital crimes; certain other persons: denial of specified burial-related benefits’’. 

(2) TABLE OF SECTIONS.—The item relating to section 985 

in the table of sections at the beginning of chapter 49 of such 

title is amended to read as follows: 

‘‘985. Persons convicted of capital crimes; certain other persons: denial of specified 

burial-related benefits.’’. 

(d) RULEMAKING.—

(1) DEPARTMENT OF VETERANS AFFAIRS.—The Secretary of 

Veterans Affairs shall prescribe regulations to ensure that a 

person is not interred in any cemetery in the National Cemetery 

System unless a good faith effort has been made to determine 

whether such person is ineligible for such interment or honors 

by reason of being a person described in section 2411(b) of title 


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184 

38, United States Code, or is otherwise ineligible for such interment under Federal law. 

(2) DEPARTMENT OF DEFENSE.—The Secretary of Defense 

shall prescribe regulations to ensure that a person is not interred in any military cemetery under the authority of the Secretary of a military department or provided funeral honors 

under section 1491 of title 10, United States Code, unless a 

good faith effort has been made to determine whether such person is ineligible for such interment or honors by reason of being 

a person described in section 2411(b) of title 38, United States 

Code, or is otherwise ineligible for such interment or honors 

under Federal law. 

(e) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to funerals and burials that occur on or 

after the date of the enactment of this Act. 

SEC. 663. CONCURRENT RECEIPT OF VETERANS’ DISABILITY COMPENSATION AND MILITARY RETIRED PAY. 

Section 1414(a)(1) of title 10, United States Code, is amended 

by inserting before the period at the end the following: ‘‘, and in the 

case of a qualified retiree receiving veterans’ disability compensation 

at the rate payable for a 100 percent disability by reason of a determination of individual unemployability, payment of retired pay to 

such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on September 30, 2009’’. 

SEC. 664. ADDITIONAL AMOUNTS OF DEATH GRATUITY FOR SURVIVORS OF CERTAIN MEMBERS OF THE ARMED FORCES 

DYING ON ACTIVE DUTY. 

(a) INCREASED AMOUNT OF DEATH GRATUITY.— (1) INCREASED AMOUNT.—Subsection (a) of section 1478 of 

title 10, United States Code, is amended by striking ‘‘$12,000’’ and inserting ‘‘$100,000’’. (2) AMENDMENTS.—Such section is further amended— (A) in the first sentence of subsection (a), by striking ‘‘(as’’ and all that follows in that sentence and inserting a 

period; and 

(B) by striking subsection (c). 

(3) EFFECTIVE DATE.—The amendment made by paragraph 

(1) shall take effect as of October 7, 2001, and shall apply to 

deaths occurring on or after the date of the enactment of this 

Act and, subject to subsection (c), to deaths occurring during 

the period beginning on October 7, 2001, and ending on the day 

before the date of the enactment of this Act. 

(b) RETROACTIVE PAYMENT OF ADDITIONAL DEATH GRATUITY

FOR CERTAIN MEMBERS NOT PREVIOUSLY COVERED.—Such section 

is further amended by adding at the end the following new subsection: 

‘‘(d)(1) In the case of a person described in paragraph (2), a 

death gratuity shall be payable, subject to section 664(c) of the National Defense Authorization Act for Fiscal Year 2006, for the death 

of such person that is in addition to the death gratuity payable in 

the case of such death under subsection (a). 

‘‘(2) This subsection applies in the case of a person who died 

during the period beginning on October 7, 2001, and ending on May 

11, 2005, while a member of the armed forces on active duty and 

whose death did not establish eligibility for an additional death 


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gratuity under the prior subsection (e) of this section (as added by 

section 1013(b) of Public Law 109–13; 119 Stat. 247), because the 

person was not described in paragraph (2) of that prior subsection. 

‘‘(3) The amount of additional death gratuity payable under 

this subsection shall be $150,000. 

‘‘(4) A payment pursuant to this subsection shall be paid in the 

same manner as provided under paragraph (4) of the prior subsection (e) of this section (as added by section 1013(b) of Public Law 

109–13; 119 Stat. 247), for payments pursuant to paragraph (3)(A) 

of that prior subsection.’’. 

(c) FUNDING.—Amounts for payments after the date of the enactment of this Act by reason of the amendments made by subsection (a) with respect to deaths before the date of the date of the 

enactment of this Act, and amounts for payments under subsection 

(d) of section 1478 of title 10, United States Code, as added by subsection (b), shall be derived from supplemental appropriations for 

the Department of Defense for fiscal year 2006 for military operations in Iraq and Afghanistan and the Global War on Terrorism, 

contingent upon such appropriations being enacted. 

(d) COORDINATION OF AMENDMENTS.—If the date of the enactment of this Act occurs before the date specified in section 106(3) of 

Public Law 109–77—

(1) effective as of such date of enactment, the amendments 

made to section 1478 of title 10, United States Code, by section 

1013 of Public Law 109–13 are repealed; and 

(2) effective immediately before the execution of the amendments made by this section, the provisions of section 1478 of 

title 10, United States Code, as in effect on the day before the 

date of the enactment of Public Law 109–13, are revived. 

SEC. 665. CHILD SUPPORT FOR CERTAIN MINOR CHILDREN OF RETIREMENT-ELIGIBLE MEMBERS CONVICTED OF DOMESTIC 

VIOLENCE RESULTING IN DEATH OF CHILD’S OTHER PARENT. 

(a) AUTHORITY FOR COURT-ORDERED PAYMENTS.—Section 

1408(h) of title 10, United States Code, is amended—

(1) in paragraph (1)—

(A) by inserting ‘‘(A)’’ after ‘‘(1)’’; and 

(B) by adding at the end of such paragraph the following: 

‘‘(B) If, in the case of a member or former member of the armed 

forces referred to in paragraph (2)(A), a court order provides for the 

payment as child support of an amount from the disposable retired 

pay of that member or former member (as certified under paragraph 

(4)) to an eligible dependent child of the member or former member, 

the Secretary concerned, beginning upon effective service of such 

court order, shall pay that amount in accordance with this subsection to such dependent child.’’; 

(2) in paragraph (2)—

(A) in the matter preceding subparagraph (A), by inserting ‘‘, or a dependent child,’’ after ‘‘former spouse’’; 

(B) in subparagraph (B)—

(i) by inserting ‘‘in the case of eligibility of a spouse 

or former spouse under paragraph (1)(A),’’ after ‘‘(B)’’; 

and 


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(ii) by striking the period at the end and inserting ‘‘; and’’; and 

(C) by adding at the end the following new subparagraph: 

‘‘(C) in the case of eligibility of a dependent child under 

paragraph (1)(B), the other parent of the child died as a result 

of the misconduct that resulted in the termination of retired 

pay.’’; 

(3) in paragraph (4), by inserting ‘‘, or an eligible dependent child,’’ after ‘‘former spouse’’; 

(4) in paragraph (5), by inserting ‘‘, or the dependent child,’’ after ‘‘former spouse’’; and 

(5) in paragraph (6), by inserting ‘‘, or to a dependent 

child,’’ after ‘‘former spouse’’. (b) EFFECTIVE DATE.—A court order authorized by the amendments made by this section may not provide for a payment attributable to any period before the date of the enactment of this Act, or 

the date of the court order, whichever is later. 

SEC. 666. COMPTROLLER GENERAL REPORT ON ACTUARIAL SOUNDNESS OF THE SURVIVOR BENEFIT PLAN. 

(a) REPORT.—Not later than July 31, 2006, the Comptroller 

General shall submit to the Committees on Armed Services of the 

Senate and the House of Representatives a report on the actuarial 

soundness of the Survivor Benefit Plan program under subchapter 

II of chapter 73 of title 10, United States Code. 

(b) ELEMENTS.—The report required by subsection (a) shall include the following: 

(1) An assessment of the implications for the actuarial 

soundness of the Survivor Benefit Plan program of recent improvements to that program, including the implications of such 

improvements for the actuarial soundness of that program with 

respect to various categories of participants in the program and 

with respect to the program as a whole. 

(2) An assessment of the implications for Government contributions and payments to the Survivor Benefit Plan program 

of the improvements to that program covered by paragraph (1), 

including the implications of such improvements on such contributions and payments with respect to various categories of 

participants in the program and with respect to the program as 

a whole. 

(3) An assessment of the implications for the actuarial 

soundness of the Survivor Benefit Plan program, and for Government contributions and payments to that program, of—

(A) enactment of a law permitting participants in that 

program to designate an insurable interest beneficiary if a 

previously designated beneficiary dies; and 

(B) enactment of a law repealing the provisions of sections 1450(c) and 1451(c)(2) of title 10, United States Code, 

that require the reduction of an annuity paid to a beneficiary under that program by the amount of dependency 

and indemnity compensation paid to the same beneficiary 

under section 1311(a) of title 38, United States Code. 

(c) GOVERNMENT CONTRIBUTIONS.—In making the assessments 

under paragraphs (2) and (3) of subsection (b), the Comptroller General, in considering the Government contributions to the Survivor 


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Benefit Plan program, shall consider both the Government’s normal 

cost contributions under the program and the Government’s payments to amortize unfunded liability under the program. 

Subtitle E—Commissary and Non-appropriated Fund Instrumentality Benefits 

SEC. 671. INCREASE IN AUTHORIZED LEVEL OF SUPPLIES AND SERVICES PROCUREMENT FROM OVERSEAS EXCHANGE 

STORES. 

Section 2424(b) of title 10, United States Code, is amended by 

striking ‘‘$50,000’’ and inserting ‘‘$100,000’’. 

SEC. 672. REQUIREMENTS FOR PRIVATE OPERATION OF COMMISSARY 

STORE FUNCTIONS. 

Section 2485(a)(2) of title 10, United States Code, is amended 

by adding at the end the following new sentence: ‘‘Until December 

31, 2008, the Defense Commissary Agency is not required to conduct 

any cost-comparison study under the policies and procedures of Office of Management and Budget Circular A–76 relating to the possible contracting out of commissary store functions.’’. 

SEC. 673. PROVISION OF AND PAYMENT FOR OVERSEAS TRANSPORTATION SERVICES FOR COMMISSARY AND EXCHANGE 

SUPPLIES AND PRODUCTS. 

Section 2643 of title 10, United States Code, is amended—

(1) by inserting ‘‘(a) TRANSPORTATION OPTIONS.—’’ before 

‘‘The Secretary’’; 

(2) in the first sentence, by striking ‘‘by sea without relying 

on the Military Sealift Command’’ and inserting ‘‘to destinations outside the continental United States without relying on 

the Air Mobility Command, the Military Sealift Command,’’; 

(3) in the second sentence, by striking ‘‘transportation contracts’’ and inserting ‘‘contracts for sea-borne transportation’’; 

and 

(4) by adding at the end the following new subsection: 

‘‘(b) PAYMENT OF TRANSPORTATION COSTS.—Section 2483(b)(5) 

of this title, regarding the use of appropriated funds to cover the expenses of operating commissary stores, shall apply to the transportation of commissary supplies and products. Appropriated funds for 

the Department of Defense shall also be used to cover the expenses 

of transporting exchange supplies and products to destinations outside the continental United States.’’. 

SEC. 674. COMPENSATORY TIME OFF FOR CERTAIN NONAPPROPRIATED FUND EMPLOYEES. 

Section 5543 of title 5, United States Code, is amended by adding at the end the following new subsection: 

‘‘(d)(1) The appropriate Secretary may, on request of an employee of a nonappropriated fund instrumentality of the Department 

of Defense or the Coast Guard described in section 2105(c), grant 

such employee compensatory time off from duty instead of overtime 

pay for overtime work. 

‘‘(2) For purposes of this subsection, the term ‘appropriate Secretary’ means—


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‘‘(A) with respect to an employee of a nonappropriated fund 

instrumentality of the Department of Defense, the Secretary of 

Defense; and 

‘‘(B) with respect to an employee of a nonappropriated fund 

instrumentality of the Coast Guard, the Secretary of the Executive department in which it is operating.’’. 

SEC. 675. REST AND RECUPERATION LEAVE PROGRAMS. 

(a) AVAILABILITY OF FUNDS FOR REIMBURSEMENT OF EXPENSES.—Of the amount authorized to be appropriated by section 

301(5) for operation and maintenance for Defense-wide activities, 

$7,000,000 may be available for the reimbursement of expenses of 

the Armed Forces Recreation Centers related to the utilization of the 

facilities of the Armed Forces Recreation Centers under official Rest 

and Recuperation Leave Programs authorized by the military departments or combatant commanders. 

(b) UTILIZATION OF REIMBURSEMENTS.—Amounts received by 

the Armed Forces Recreation Centers under subsection (a) as reimbursement for expenses may be utilized by such Centers for facility 

maintenance and repair, utility expenses, correction of health and 

safety deficiencies, and routine ground maintenance. 

(c) REGULATIONS.—The utilization of facilities of the Armed 

Forces Recreation Centers under Rest and Recuperation Leave Programs, and reimbursement for expenses related to such utilization 

of such facilities, shall be subject to regulations prescribed by the 

Secretary of Defense. 

Subtitle F—Other Matters 

SEC. 681. TEMPORARY ARMY AUTHORITY TO PROVIDE ADDITIONAL RECRUITMENT INCENTIVES. 

(a) AUTHORITY TO DEVELOP AND PROVIDE RECRUITMENT INCENTIVES.—The Secretary of the Army may develop and provide incentives not otherwise authorized by law to encourage individuals 

to accept commissions as officers or to enlist in the Army. 

(b) RELATION TO OTHER PERSONNEL AUTHORITIES.—A recruitment incentive developed under subsection (a) may be provided—

(1) without regard to the lack of specific authority for the 

incentive under title 10 or 37, United States Code; and 

(2) notwithstanding any provision of such titles, or any rule 

or regulation prescribed under such provision, relating to methods of—

(A) determining requirements for, and the compensation of, members of the Army who are assigned duty as 

military recruiters; or 

(B) providing incentives to individuals to accept commissions or enlist in the Army, including the provision of 

group or individual bonuses, pay, or other incentives. 

(c) WAIVER OF OTHERWISE APPLICABLE LAWS.—A provision of 

title 10 or 37, United States Code, may not be waived with respect 

to, or otherwise determined to be inapplicable to, the provision of a 

recruitment incentive developed under subsection (a) without the approval of the Secretary of Defense. 


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(d) NOTICE AND WAIT REQUIREMENT.—A recruitment incentive 

developed under subsection (a) may not be provided to individuals 

until— (1) the Secretary of the Army submits to Congress, the appropriate elements of the Department of Defense, and the Comptroller General a plan that includes— (A) a description of the incentive, including the purpose 

of the incentive and the potential recruits to be addressed 

by the incentive; 

(B) a description of the provisions of titles 10 and 37, 

United States Code, from which the incentive would require 

a waiver and the rationale to support the waiver; 

(C) a statement of the anticipated outcomes as a result 

of providing the incentive; and 

(D) the method to be used to evaluate the effectiveness 

of the incentive; and 

(2) a 45-day period beginning on the date on which the 

plan was received by Congress expires. 

(e) LIMITATION ON NUMBER OF INCENTIVES.—Not more than 

four recruitment incentives may be provided under the authority of 

this section. 

(f) LIMITATION ON NUMBER OF INDIVIDUALS RECEIVING INCEN- TIVES.—The number of individuals who receive one or more of the 

recruitment incentives provided under subsection (a) during a fiscal 

year may not exceed the number of individuals equal to 20 percent 

of the accession mission of the Army for that fiscal year. 

(g) DURATION OF DEVELOPED INCENTIVE.—A recruitment incentive developed under subsection (a) may be provided for not longer 

than a three-year period beginning on the date on which the incentive is first provided, except that the Secretary of the Army may extend the period if the Secretary determines that additional time is 

needed to fully evaluate the effectiveness of the incentive. 

(h) REPORTING REQUIREMENTS.— (1) SECRETARY OF THE ARMY REPORT.—The Secretary of the 

Army shall submit to Congress an annual report on the recruitment incentives provided under subsection (a) during the preceding year, including—

(A) a description of the incentives provided under subsection (a) during that fiscal year; and 

(B) an assessment of the impact of the incentives on the 

recruitment of individuals as officers or enlisted members. 

(2) COMPTROLLER GENERAL REPORT.—As soon as practicable after receipt of each plan under subsection (d), the 

Comptroller General shall submit to Congress a report evaluating the expected outcomes of the recruitment incentive covered 

by the plan in terms of cost effectiveness and mission achievement. 

(i) TERMINATION OF AUTHORITY TO PROVIDE INCENTIVES.—Notwithstanding subsection (g), the authority to provide recruitment incentives under this section expires on December 31, 2009. 

SEC. 682. CLARIFICATION OF LEAVE ACCRUAL FOR MEMBERS ASSIGNED TO A DEPLOYABLE SHIP OR MOBILE UNIT OR 

OTHER DUTY. 

Subparagraph (B) of section 701(f)(1) of title 10, United States 

Code, is amended to read as follows: 


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‘‘(B) This subsection applies to a member who—

‘‘(i) serves on active duty for a continuous period of at least 

120 days in an area in which the member is entitled to special 

pay under section 310(a) of title 37; 

‘‘(ii) is assigned to a deployable ship or mobile unit or to 

other duty designated for the purpose of this section; or 

‘‘(iii) on or after August 29, 2005, performs duty designated 

by the Secretary of Defense as qualifying duty for purposes of 

this subsection.’’. 

SEC. 683. EXPANSION OF AUTHORITY TO REMIT OR CANCEL INDEBTEDNESS OF MEMBERS OF THE ARMED FORCES INCURRED 

ON ACTIVE DUTY. 

(a) INDEBTEDNESS OF MEMBERS OF THE ARMY.—

(1) AUTHORITY.—Section 4837 of title 10, United States 

Code, is amended to read as follows: 

‘‘§ 4837. Settlement of accounts: remission or cancellation of 

indebtedness of members 

‘‘(a) IN GENERAL.—If the Secretary considers it to be in the best 

interest of the United States, the Secretary may have remitted or 

cancelled any part of the indebtedness of a member of the Army on 

active duty, or a member of a reserve component of the Army in an 

active status, to the United States or any instrumentality of the 

United States incurred while the member was serving on active 

duty. 

‘‘(b) PERIOD OF EXERCISE OF AUTHORITY.—The Secretary may 

exercise the authority in subsection (a) with respect to a member—

‘‘(1) while the member is on active duty or in active status, 

as the case may be; 

‘‘(2) if discharged from the armed forces under honorable 

conditions, during the one-year period beginning on the date of 

such discharge; or 

‘‘(3) if released from active status in a reserve component, 

during the one-year period beginning on the date of such release. 

‘‘(c) RETROACTIVE APPLICABILITY TO CERTAIN DEBTS.—The authority in subsection (a) may be exercised with respect to any debt 

covered by that subsection that is incurred on or after October 7, 

2001. 

‘‘(d) REGULATIONS.—This section shall be administered under 

regulations prescribed by the Secretary of Defense.’’. 

(2) CLERICAL AMENDMENT.—The item relating to that section in the table of sections at the beginning of chapter 453 of 

such title is amended by striking the penultimate word. 

(3) TERMINATION.—The amendments made by this subsection shall terminate on December 31, 2007. Effective on that 

date, section 4873 of title 10, United States Code, as in effect 

on the day before the date of the enactment of this Act shall be 

revived. 

(b) INDEBTEDNESS OF MEMBERS OF THE NAVY.—

(1) AUTHORITY.—Section 6161 of title 10, United States 

Code, is amended to read as follows: 


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191 

‘‘§ 6161. Settlement of accounts: remission or cancellation of 

indebtedness of members 

‘‘(a) IN GENERAL.—If the Secretary of the Navy considers it to 

be in the best interest of the United States, the Secretary may have 

remitted or cancelled any part of the indebtedness of a member of 

the Navy on active duty, or a member of a reserve component of the 

Navy in an active status, to the United States or any instrumentality of the United States incurred while the member was serving 

on active duty. 

‘‘(b) PERIOD OF EXERCISE OF AUTHORITY.—The Secretary of the 

Navy may exercise the authority in subsection (a) with respect to a 

member—

‘‘(1) while the member is on active duty or in active status, 

as the case may be; 

‘‘(2) if discharged from the armed forces under honorable 

conditions, during the one-year period beginning on the date of 

such discharge; or 

‘‘(3) if released from active status in a reserve component, 

during the one-year period beginning on the date of such release. 

‘‘(c) RETROACTIVE APPLICABILITY TO CERTAIN DEBTS.—The authority in subsection (a) may be exercised with respect to any debt 

covered by that subsection that is incurred on or after October 7, 

2001. 

‘‘(d) REGULATIONS.—This section shall be administered under 

regulations prescribed by the Secretary of Defense.’’. 

(2) CLERICAL AMENDMENT.—The item relating to that section in the table of sections at the beginning of chapter 561 of 

such title is amended by striking the penultimate word. 

(3) TERMINATION.—The amendments made by this subsection shall terminate on December 31, 2007. Effective on that 

date, section 6161 of title 10, United States Code, as in effect 

on the day before the date of the enactment of this Act shall be 

revived. 

(c) INDEBTEDNESS OF MEMBERS OF THE AIR FORCE.—

(1) AUTHORITY.—Section 9837 of title 10, United States 

Code, is amended to read as follows: 

‘‘§ 9837. Settlement of accounts: remission or cancellation of 

indebtedness of members 

‘‘(a) IN GENERAL.—If the Secretary considers it to be in the best 

interest of the United States, the Secretary may have remitted or 

cancelled any part of the indebtedness of a member of the Air Force 

on active duty, or a member of a reserve component of the Air Force 

in an active status, to the United States or any instrumentality of 

the United States incurred while the member was serving on active 

duty. 

‘‘(b) PERIOD OF EXERCISE OF AUTHORITY.—The Secretary may 

exercise the authority in subsection (a) with respect to a member—

‘‘(1) while the member is on active duty or in active status, 

as the case may be; 

‘‘(2) if discharged from the armed forces under honorable 

conditions, during the one-year period beginning on the date of 

such discharge; or 


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‘‘(3) if released from active status in a reserve component, 

during the one-year period beginning on the date of such release. 

‘‘(c) RETROACTIVE APPLICABILITY TO CERTAIN DEBTS.—The authority in subsection (a) may be exercised with respect to any debt 

covered by that subsection that is incurred on or after October 7, 

2001. ‘‘(d) REGULATIONS.—This section shall be administered under 

regulations prescribed by the Secretary of Defense.’’. (2) CLERICAL AMENDMENT.—The item relating to that section in the table of sections at the beginning of chapter 953 of 

such title is amended by striking the penultimate word. 

(3) TERMINATION.—The amendments made by this subsection shall terminate on December 31, 2007. Effective on that 

date, section 9873 of title 10, United States Code, as in effect 

on the day before the date of the enactment of this Act shall be 

revived. 

SEC. 684. LOAN REPAYMENT PROGRAM FOR CHAPLAINS IN THE SELECTED RESERVE. 

(a) LOAN REPAYMENT PROGRAM AUTHORIZED.—Chapter 1609 of 

title 10, United States Code, is amended by adding at the end the 

following new section: 

‘‘§ 16303. Loan repayment program: chaplains serving in the 

Selected Reserve 

‘‘(a) AUTHORITY TO REPAY EDUCATION LOANS.—For purposes of 

maintaining adequate numbers of chaplains in the Selected Reserve, 

the Secretary concerned may repay a loan that was obtained by a 

person who— ‘‘(1) satisfies the requirements for accessioning and commissioning of chaplains, as prescribed in regulations; ‘‘(2) holds, or is fully qualified for, an appointment as a 

chaplain in a reserve component of an armed force; and ‘‘(3) signs a written agreement with the Secretary concerned 

to serve not less than three years in the Selected Reserve. 

‘‘(b) EXCEPTION FOR CHAPLAIN CANDIDATE PROGRAM.—A person 

accessioned into the Chaplain Candidate Program is not eligible for 

the repayment of a loan under subsection (a). ‘‘(c) LOAN REPAYMENT PROCESS; MAXIMUM AMOUNT.—(1) Subject to paragraph (2), the repayment of a loan under subsection (a) 

may consist of the payment of the principal, interest, and related expenses of the loan. ‘‘(2) The amount of any repayment of a loan made under sub- section (a) on behalf of a person may not exceed $20,000 for each 

three year period of obligated service that the person agrees to serve 

in an agreement described in subsection (a)(3). Of such amount, not 

more than an amount equal to 50 percent of such amount may be 

paid before the completion by the person of the first year of obligated service pursuant to the agreement. The balance of such 

amount shall be payable at such time or times as are prescribed in 

regulations. 

‘‘(d) EFFECT OF FAILURE TO COMPLETE OBLIGATION.—If a person on whose behalf a loan is repaid under subsection (a) fails to 

commence or complete the period of obligated service specified in the 

agreement described in subsection (a)(3), the Secretary concerned 


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may require the person to pay the United States an amount equal 

to the amount of the loan repayments made on behalf of the person 

in connection with the agreement. ‘‘(e) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations to carry out this section.’’. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 1609 of such title is amended by adding at the end 

the following new item: 

‘‘16303. Loan repayment program: chaplains serving in the Selected Reserve.’’. 

SEC. 685. INCLUSION OF SENIOR ENLISTED ADVISOR FOR THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF AMONG SENIOR ENLISTED MEMBERS OF THE ARMED FORCES. 

(a) BASIC PAY RATE.— (1) EQUAL TREATMENT.—The rate of basic pay for an enlisted member in the grade E–9 while serving as Senior Enlisted Advisor for the Chairman of the Joint Chiefs of Staff 

shall be the same as the rate of basic pay for an enlisted member in that grade while serving as Sergeant Major of the Army, 

Master Chief Petty Officer of the Navy, Chief Master Sergeant 

of the Air Force, Sergeant Major of the Marine Corps, or Master 

Chief Petty Officer of the Coast Guard, regardless of cumulative 

years of service computed under section 205 of title 37, United 

States Code. 

(2) EFFECTIVE DATE.—Paragraph (1) shall apply beginning 

on the date on which an enlisted member of the Armed Forces 

is first appointed to serve as Senior Enlisted Advisor for the 

Chairman of the Joint Chiefs of Staff. 

(b) PAY DURING TERMINAL LEAVE OR WHILE HOSPITALIZED.— Section 210(c) of title 37, United States Code, is amended by adding 

at the end the following new paragraph: ‘‘(6) The Senior Enlisted Advisor for the Chairman of the 

Joint Chiefs of Staff.’’. (c) PERSONAL MONEY ALLOWANCE.—Section 414(c) of such title 

is amended— (1) by striking ‘‘or’’ after ‘‘Sergeant Major of the Marine 

Corps,’’; and 

(2) by inserting before the period at the end the following: ‘‘, or the Senior Enlisted Advisor for the Chairman of the Joint 

Chiefs of Staff’’. (d) RETIRED PAY BASE.—Section 1406(i)(3)(B) of title 10, United 

States Code, is amended by adding at the end the following new 

clause: ‘‘(vi) Senior Enlisted Advisor for the Chairman of 

the Joint Chiefs of Staff.’’. 

SEC. 686. SPECIAL AND INCENTIVE PAYS CONSIDERED FOR SAVED PAY 

UPON APPOINTMENT OF MEMBERS AS OFFICERS. 

(a) INCLUSION AND EXCLUSION OF CERTAIN PAY TYPES.—Subsection (d) of section 907 of title 37, United States Code, is amended 

to read as follows: 

‘‘(d)(1) In determining the amount of the pay and allowances of 

a grade formerly held by an officer, the following special and incentive pays may be considered only so long as the officer continues to 

perform the duty that creates the entitlement to, or eligibility for, 

that pay and would otherwise be eligible to receive that pay in the 

former grade: 


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‘‘(A) Incentive pay for hazardous duty under section 301 of 

this title. ‘‘(B) Submarine duty incentive pay under section 301c of 

this title. ‘‘(C) Special pay for diving duty under section 304 of this 

title. ‘‘(D) Hardship duty pay under section 305 of this title. 

‘‘(E) Career sea pay under section 305a of this title. 

‘‘(F) Special pay for service as a member of a Weapons of 

Mass Destruction Civil Support Team under section 305b of 

this title. ‘‘(G) Assignment incentive pay under section 307a of this 

title. ‘‘(H) Special pay for duty subject to hostile fire or imminent 

danger under section 310 of this title. ‘‘(I) Special pay or bonus for an extension of duty at a designated overseas location under section 314 of this title. ‘‘(J) Foreign language proficiency pay under section 316 of 

this title. ‘‘(K) Critical skill retention bonus under section 323 of this 

title. 

‘‘(2) The following special and incentive pays are dependent on 

a member being in an enlisted status and may not be considered in 

determining the amount of the pay and allowances of a grade formerly held by an officer: 

‘‘(A) Special duty assignment pay under section 307 of this 

title. 

‘‘(B) Reenlistment bonus under section 308 of this title. 

‘‘(C) Enlistment bonus under section 309 of this title. 

‘‘(D) Career enlisted flyer incentive pay under section 320 of 

this title.’’. (b) STYLISTIC AMENDMENTS.—Such section is further amended— (1) in subsections (a) and (b)— (A) by striking ‘‘he’’ each place it appears and inserting ‘‘the officer’’; and 

(B) by striking ‘‘his appointment’’ each place it appears 

and inserting ‘‘the appointment’’; and 

(2) in subsection (c)(2), by striking ‘‘he’’ and inserting ‘‘the 

officer’’. (c) EFFECTIVE DATE.—Subsection (d) of section 907 of title 37, 

United States Code, as amended by subsection (a), shall apply with 

respect to any acceptance by an enlisted member of the Armed 

Forces of an appointment as an officer made on or after the date 

of the enactment of this Act. 

SEC. 687. REPAYMENT OF UNEARNED PORTION OF BONUSES, SPECIAL 

PAYS, AND EDUCATIONAL BENEFITS. 

(a) REPAYMENT OF UNEARNED PORTION OF BONUSES AND

OTHER BENEFITS.—

(1) UNIFORM REPAYMENT PROVISION.—Section 303a of title 

37, United States Code, is amended by adding at the end the 

following new subsection: 

‘‘(e) REPAYMENT OF UNEARNED PORTION OF BONUSES AND

OTHER BENEFITS WHEN CONDITIONS OF PAYMENT NOT MET.—(1) A 

member of the uniformed services who receives a bonus or similar 


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benefit and whose receipt of the bonus or similar benefit is subject 

to the condition that the member continue to satisfy certain eligibility requirements shall repay to the United States an amount 

equal to the unearned portion of the bonus or similar benefit if the 

member fails to satisfy the requirements, except in certain circumstances authorized by the Secretary concerned. ‘‘(2) The Secretary concerned may establish, by regulations, procedures for determining the amount of the repayment required 

under this subsection and the circumstances under which an exception to the required repayment may be granted. The Secretary concerned may specify in the regulations the conditions under which an 

installment payment of a bonus or similar benefit to be paid to a 

member of the uniformed services will not be made if the member 

no longer satisfies the eligibility requirements for the bonus or similar benefit. For the military departments, this subsection shall be 

administered under regulations prescribed by the Secretary of Defense. ‘‘(3) An obligation to repay the United States under this subsection is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person 

from such debt if the discharge order is entered less than five years 

after— ‘‘(A) the date of the termination of the agreement or contract 

on which the debt is based; or ‘‘(B) in the absence of such an agreement or contract, the 

date of the termination of the service on which the debt is 

based. 

‘‘(4) In this subsection: ‘‘(A) The term ‘bonus or similar benefit’ means a bonus, incentive pay, special pay, or similar payment, or an educational 

benefit or stipend, paid to a member of the uniformed services 

under a provision of law that refers to the repayment requirements of this subsection. ‘‘(B) The term ‘service’, as used in paragraph (3)(B), refers 

to an obligation willingly undertaken by a member of the uniformed services, in exchange for a bonus or similar benefit offered by the Secretary of Defense or the Secretary concerned—

‘‘(i) to remain on active duty or in an active status in 

a reserve component; 

‘‘(ii) to perform duty in a specified skill, with or without a specified qualification or credential; 

‘‘(iii) to perform duty at a specified location; or 

‘‘(iv) to perform duty for a specified period of time.’’. 

(2) APPLICABILITY TO TITLE 11 CASES.—In the case of a provision of law amended by subsection (b), (c), or (d) of this section, paragraph (3) of subsection (a) of section 303a of title 37, 

United States Code, as added by this subsection, shall apply to 

any case commenced under title 11, United States Code, after 

March 30, 2006. 

(b) CONFORMING AMENDMENTS TO TITLE 37.— (1) AVIATION CAREER OFFICER RETENTION BONUS.—Subsection (g) of section 301b of title 37, United States Code, is 

amended to read as follows: 

‘‘(g) REPAYMENT.—An officer who does not complete the period 

of active duty specified in the agreement entered into under subVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00223 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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section (a) shall be subject to the repayment provisions of section 

303a(e) of this title.’’. 

(2) MEDICAL OFFICER MULTIYEAR RETENTION BONUS.—Subsection (c) of section 301d of such title is amended to read as 

follows: 

‘‘(c) REPAYMENT.—An officer who does not complete the period 

of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 

303a(e) of this title.’’. 

(3) DENTAL OFFICER MULTIYEAR RETENTION BONUS.—Subsection (d) of section 301e of such title is amended to read as 

follows: 

‘‘(d) REPAYMENT.—An officer who does not complete the period 

of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 

303a(e) of this title.’’. 

(4) MEDICAL OFFICER SPECIAL PAY.—Section 302 of such 

title is amended—

(A) in subsection (c)(2), by striking the second sentence 

and inserting the following new sentence: ‘‘If such entitlement is terminated, the officer concerned shall be subject to 

the repayment provisions of section 303a(e) of this title.’’; 

and 

(B) by striking subsection (f) and inserting the following new subsection: 

‘‘(f) REPAYMENT.—An officer who does not complete the period 

for which the payment was made under subsection (a)(4) or subsection (b)(1) shall be subject to the repayment provisions of section 

303a(e) of this title.’’. 

(5) OPTOMETRIST RETENTION SPECIAL PAY.—Paragraph (4) 

of section 302a(b) of such title is amended to read as follows: 

‘‘(4) The Secretary concerned may terminate at any time the eligibility of an officer to receive retention special pay under paragraph (1). An officer who does not complete the period for which the 

payment was made under paragraph (1) shall be subject to the repayment provisions of section 303a(e) of this title.’’. 

(6) DENTAL OFFICER SPECIAL PAY.—Section 302b of such 

title is amended—

(A) in subsection (b)(2), by striking the second sentence 

and inserting the following new sentence: ‘‘If such entitlement is terminated, the officer concerned shall be subject to 

the repayment provisions of section 303a(e) of this title.’’; 

(B) by striking subsection (e) and inserting the following new subsection (e): 

‘‘(e) REPAYMENT.—An officer who does not complete the period 

of active duty specified in the agreement referred to in subsection (b) 

shall be subject to the repayment provisions of section 303a(e) of this 

title.’’; 

(C) by striking subsection (f); and 

(D) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively. 

(7) ACCESSION BONUS FOR REGISTERED NURSES.—Subsection (d) of section 302d of such title is amended to read as 

follows: 


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‘‘(d) REPAYMENT.—An officer who does not become and remain 

licensed as a registered nurse during the period for which the payment is made, or who does not complete the period of active duty 

specified in the agreement entered into under subsection (a), shall 

be subject to the repayment provisions of section 303a(e) of this 

title.’’. (8) NURSE ANESTHETIST SPECIAL PAY.—Section 302e of such 

title is amended— (A) in subsection (c), by striking the last sentence and 

inserting the following new sentence: ‘‘If such entitlement is 

terminated, the officer concerned shall be subject to the repayment provisions of section 303a(e) of this title.’’; and 

(B) by striking subsection (e) and inserting the following new subsection: ‘‘(e) REPAYMENT.—An officer who does not complete the period 

of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 

303a(e) of this title.’’. 

(9) RESERVE, RECALLED, OR RETAINED HEALTH CARE OFFICERS SPECIAL PAY.—Section 302f(c) of such title is amended by 

striking ‘‘refund’’ and inserting ‘‘repay in the manner provided 

in section 303a(e) of this title’’. 

(10) SELECTED RESERVE HEALTH CARE PROFESSIONALS IN

CRITICALLY SHORT WARTIME SPECIALTIES SPECIAL PAY.—Section 

302g of such title is amended— (A) by striking subsections (d) and (e); 

(B) by inserting after subsection (c) the following new 

subsection (d): ‘‘(d) REPAYMENT.—An officer who does not complete the period 

of service in the Selected Reserve specified in the agreement entered 

into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title.’’; and 

(C) by redesignating subsection (f), as amended by section 622(e), as subsection (e). 

(11) ACCESSION BONUS FOR DENTAL OFFICERS.—Subsection 

(d) of section 302h of such title is amended to read as follows: 

‘‘(d) REPAYMENT.—A person who, after signing an agreement 

under subsection (a), is not commissioned as an officer of the armed 

forces, does not become licensed as a dentist, or does not complete 

the period of active duty specified in the agreement shall be subject 

to the repayment provisions of section 303a(e) of this title.’’. (12) ACCESSION BONUS FOR PHARMACY OFFICERS.—Subsection (e) of section 302j of such title is amended to read as follows: 

‘‘(e) REPAYMENT.—A person who, after signing an agreement 

under subsection (a), is not commissioned as an officer of the armed 

forces, does not become and remain certified or licensed as a pharmacist, or does not complete the period of active duty specified in 

the agreement shall be subject to the repayment provisions of section 

303a(e) of this title.’’. (13) ASSIGNMENT INCENTIVE PAY.—Subsection (d) of section 

307a of such title, as added by section 628(c), is amended to 

read as follows: 

‘‘(d) REPAYMENT.—A member who enters into an agreement 

under this section and receives incentive pay under the agreement 


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in a lump sum or installments, but who fails to complete the period 

of service covered by the payment, whether voluntarily or because of 

misconduct, shall be subject to the repayment provisions of section 

303a(e) of this title.’’. (14) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—Subsection (d) of section 308 of such title is amended to read as follows: 

‘‘(d) A member who does not complete the term of enlistment for 

which a bonus was paid to the member under this section, or a 

member who is not technically qualified in the skill for which a 

bonus was paid to the member under this section, shall be subject 

to the repayment provisions of section 303a(e) of this title.’’. (15) REENLISTMENT BONUS FOR SELECTED RESERVE.—Subsection (d) of section 308b of such title is amended to read as 

follows: 

‘‘(d) REPAYMENT.—A member who does not complete the term of 

enlistment in the element of the Selected Reserve for which the 

bonus was paid to the member under this section shall be subject 

to the repayment provisions of section 303a(e) of this title.’’. 

(16) SELECTED RESERVE AFFILIATION OR ENLISTMENT

BONUS.—Section 308c of such title, as amended by section 631, 

is further amended by striking subsection (g) and inserting the 

following new subsection: 

‘‘(g) REPAYMENT.—A person who enters into an agreement 

under subsection (a) or (c) and receives all or part of the bonus 

under the agreement, but who does not commence to serve in the Selected Reserve or does not satisfactorily participate in the Selected 

Reserve for the total period of service specified in the agreement, 

shall be subject to the repayment provisions of section 303a(e) of this 

title.’’. (17) READY RESERVE ENLISTMENT BONUS.—Section 308g of 

such title is amended— (A) by striking subsection (d) and inserting the following new subsection: 

‘‘(d) A person who does not serve satisfactorily in the element 

of the Ready Reserve in the combat or combat support skill for the 

period for which the bonus was paid under this section shall be subject to the repayment provisions of section 303a(e) of this title.’’; 

(B) by striking subsections (e) and (f); and 

(C) by redesignating subsections (g) and (h), as amended by section 621(c), as subsections (e) and (f), respectively. 

(18) READY RESERVE REENLISTMENT, ENLISTMENT, AND

VOLUNTARY EXTENSION OF ENLISTMENT BONUS.—Section 308h 

of such title is amended—

(A) by striking subsection (c) and inserting the following new subsection: 

‘‘(c) REPAYMENT.—A person who does not complete the period of 

enlistment or extension of enlistment for which the bonus was paid 

under this section shall be subject to the repayment provisions of 

section 303a(e) of this title.’’; 

(B) by striking subsections (d) and (e); and 

(C) by redesignating subsections (f) and (g), as amended by section 621(d), as subsections (d) and (e), respectively. 

(19) PRIOR SERVICE ENLISTMENT BONUS.—Subsection (d) of 

section 308i of such title is amended to read as follows: 


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‘‘(d) REPAYMENT.—A person who receives a bonus payment 

under this section and who, during the period for which the bonus 

was paid, does not serve satisfactorily in the element of the Selected 

Reserve with respect to which the bonus was paid shall be subject 

to the repayment provisions of section 303a(e) of this title.’’. 

(20) ENLISTMENT BONUS.—Subsection (b) of section 309 of 

such title is amended to read as follows: 

‘‘(b) REPAYMENT.—A member who does not complete the term of 

enlistment for which a bonus was paid to the member under this 

section, or a member who is not technically qualified in the skill for 

which a bonus was paid to the member under this section, shall be 

subject to the repayment provisions of section 303a(e) of this title.’’. 

(21) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING ACTIVE DUTY.—Subsection (b) of section 312 of such 

title is amended to read as follows: 

‘‘(b) An officer who does not complete the period of active duty 

in connection with the supervision, operation, and maintenance of 

naval nuclear propulsion plants that the officer agreed to serve, and 

for which a payment was made under subsection (a) or subsection 

(d)(1), shall be subject to the repayment provisions of section 303a(e) 

of this title.’’. 

(22) NUCLEAR CAREER ACCESSION BONUS.—Paragraph (2) 

of section 312b(a) of such title is amended to read as follows: 

‘‘(2) An officer who does not commence or complete satisfactorily 

the nuclear power training specified in the agreement under paragraph (1) shall be subject to the repayment provisions of section 

303a(e) of this title.’’. 

(23) ENLISTED MEMBERS EXTENDING DUTY AT DESIGNATED

LOCATIONS OVERSEAS.—Subsection (d) of section 314 of such 

title is amended to read as follows: 

‘‘(d) REPAYMENT.—A member who, having entered into a written agreement to extend a tour of duty for a period under subsection 

(a), receives a bonus payment under subsection (b)(2) for a 12-month 

period covered by the agreement and ceases during that 12-month 

period to perform the agreed tour of duty shall be subject to the repayment provisions of section 303a(e) of this title.’’. 

(24) ENGINEERING AND SCIENTIFIC CAREER CONTINUATION

PAY.—Subsection (c) of section 315 of such title is amended to 

read as follows: 

‘‘(c) An officer who, having entered into a written agreement 

under subsection (b) and having received all or part of a bonus 

under this section, does not complete the period of active duty as 

specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.’’. 

(25) FOREIGN LANGUAGE PROFICIENCY PAY.—Subsection (e) 

of section 316 of such title, as added by section 639(c), is 

amended to read as follows: 

‘‘(e) REPAYMENT.—A member who receives a bonus under this 

section, but who does not satisfy an eligibility requirement specified 

in paragraph (1), (2), (3), or (4) of subsection (a) for the entire certification period, shall be subject to the repayment provisions of section 303a(e) of this title.’’. 

(26) CRITICAL ACQUISITION POSITIONS.—Subsection (f) of 

section 317 of such title is amended to read as follows: 


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‘‘(f) REPAYMENT.—An officer who, having entered into a written 

agreement under subsection (a) and having received all or part of 

a bonus under this section, does not complete the period of active 

duty as specified in the agreement shall be subject to the repayment 

provisions of section 303a(e) of this title.’’. (27) SPECIAL WARFARE OFFICERS EXTENDING PERIOD OF AC- TIVE DUTY.—Subsection (h) of section 318 of such title is 

amended to read as follows: 

‘‘(h) REPAYMENT.—An officer who, having entered into a written 

agreement under subsection (b) and having received all or part of 

a bonus under this section, does not complete the period of active 

duty in special warfare service as specified in the agreement shall 

be subject to the repayment provisions of section 303a(e) of this 

title.’’. (28) SURFACE WARFARE OFFICERS EXTENDING PERIOD OF ACTIVE DUTY.—Subsection (f) of section 319 of such title is amended to read as follows: 

‘‘(f) REPAYMENT.—An officer who, having entered into a written 

agreement under subsection (b) and having received all or part of 

a bonus under this section, does not complete the period of active 

duty as a department head on a surface vessel as specified in the 

agreement, shall be subject to the repayment provisions of section 

303a(e) of this title.’’. (29) JUDGE ADVOCATE CONTINUATION PAY.—Subsection (f) 

of section 321 of such title is amended to read as follows: 

‘‘(f) REPAYMENT.—An officer who has entered into a written 

agreement under subsection (b) and has received all or part of the 

amount payable under the agreement but who does not complete the 

total period of active duty specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title.’’. (30) 15-YEAR CAREER STATUS BONUS.—Subsection (f) of section 322 of such title is amended to read as follows: 

‘‘(f) REPAYMENT.—If a person paid a bonus under this section 

does not complete a period of active duty beginning on the date on 

which the election of the person under paragraph (1) of subsection 

(a) is received and ending on the date on which the person completes 20 years of active duty service as described in paragraph (2) 

of such subsection, the person shall be subject to the repayment provisions of section 303a(e) of this title.’’. (31) CRITICAL MILITARY SKILLS RETENTION BONUS.—Subsection (g) of section 323 of such title, as amended by section 

640(e), is amended to read as follows: 

‘‘(g) REPAYMENT.—A member paid a bonus under this section 

who fails, during the period of service covered by the member’s 

agreement, reenlistment, or voluntary extension of enlistment under 

subsection (a), to remain qualified in the critical military skill or to 

satisfy the other eligibility criteria for which the bonus was paid 

shall be subject to the repayment provisions of section 303a(e) of this 

title.’’. (32) ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL

SKILLS.—Subsection (f) of section 324 of such title is amended 

to read as follows: 

‘‘(f) REPAYMENT.—An individual who, having received all or 

part of the bonus under an agreement referred to in subsection (a), 

is not thereafter commissioned as an officer or does not commence 


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or complete the total period of active duty service specified in the 

agreement shall be subject to the repayment provisions of section 

303a(e) of this title.’’. (33) SAVINGS PLAN FOR EDUCATION EXPENSES AND OTHER

CONTINGENCIES.—Subsection (g) of section 325 of such title is 

amended to read as follows: 

‘‘(g) REPAYMENT.—If a person does not complete the qualifying 

service for which the person is obligated under a commitment for 

which a benefit has been paid under this section, the person shall 

be subject to the repayment provisions of section 303a(e) of this 

title.’’. (34) INCENTIVE BONUS FOR CONVERSION TO MILITARY OCCUPATIONAL SPECIALTY.—Subsection (e) of section 326 of such title 

is amended to read as follows: 

‘‘(e) REPAYMENT.—A member who does not convert to and complete the period of service in the military occupational specialty 

specified in the agreement executed under subsection (a) shall be 

subject to the repayment provisions of section 303a(e) of this title.’’. 

(35) TRANSFER BETWEEN ARMED FORCES INCENTIVE

BONUS.—Section 327 of such title, as added by section 641, is 

amended by striking subsection (f) and inserting the following 

new subsection: 

‘‘(f) REPAYMENT.—A member who is paid a bonus under an 

agreement under this section and who, voluntarily or because of 

misconduct, fails to serve for the period covered by such agreement 

shall be subject to the repayment provisions of section 303a(e) of this 

title.’’. 

(c) CONFORMING AMENDMENTS TO TITLE 10.— (1) ENLISTMENT INCENTIVES FOR PURSUIT OF SKILLS TO FACILITATE NATIONAL SERVICE.—Subsection (i) of section 510 of 

title 10, United States Code, is amended to read as follows: 

‘‘(i) REPAYMENT.—If a National Call to Service participant who 

has entered into an agreement under subsection (b) and received or 

benefitted from an incentive under paragraph (1) or (2) of subsection (e) fails to complete the total period of service specified in the 

agreement, the National Call to Service participant shall be subject 

to the repayment provisions of section 303a(e) of title 37.’’. (2) ADVANCED EDUCATION ASSISTANCE.—Section 2005 of 

such title is amended— (A) in subsection (a), by striking paragraph (3) and inserting the following new paragraph: 

‘‘(3) that if such person does not complete the period of active duty specified in the agreement, or does not fulfill any term 

or condition prescribed pursuant to paragraph (4), such person 

shall be subject to the repayment provisions of section 303a(e) 

of title 37; and’’; 

(B) by striking subsections (c), (d), (f), (g) and (h); 

(C) by redesignating subsection (e) as subsection (d); 

and 

(D) by inserting after subsection (b), the following new 

subsection: 

‘‘(c) As a condition of the Secretary concerned providing financial assistance under section 2107 or 2107a of this title to any person, the Secretary concerned shall require that the person enter into 

the agreement described in subsection (a). In addition to the requireVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00229 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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202 

ments of paragraphs (1) through (4) of such subsection, the agreement shall specify that, if the person does not complete the education requirements specified in the agreement or does not fulfill 

any term or condition prescribed pursuant to paragraph (4) of such 

subsection, the person shall be subject to the repayment provisions 

of section 303a(e) of title 37 without the Secretary first ordering 

such person to active duty as provided for under subsection (a)(2) 

and sections 2107(f) and 2107a(f) of this title.’’. (3) TUITION FOR OFF-DUTY TRAINING OR EDUCATION.—Section 2007 of such title is amended by adding at the end the following new subsection: 

‘‘(f) If an officer who enters into an agreement under subsection 

(b) does not complete the period of active duty specified in the agreement, the officer shall be subject to the repayment provisions of section 303a(e) of title 37.’’. (4) FAILURE TO COMPLETE ADVANCED TRAINING OR TO ACCEPT COMMISSION.—Section 2105 of such title is amended by 

adding at the end the following new sentence: ‘‘If the member 

does not complete the period of active duty prescribed by the 

Secretary concerned, the member shall be subject to the repayment provisions of section 303a(e) of title 37’’. 

(5) HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL AS- SISTANCE PROGRAM FOR ACTIVE SERVICE.—Section 2123(e)(1)(C) 

of such title is amended by striking ‘‘equal to’’ and all that follows through the period at the end and inserting ‘‘pursuant to 

the repayment provisions of section 303a(e) of title 37.’’. (6) FINANCIAL ASSISTANCE FOR NURSE OFFICER CAN- DIDATES.—Subsection (d) of section 2130a of such title is 

amended to read as follows: 

‘‘(d) REPAYMENT.—A person who does not complete a nursing 

degree program in which the person is enrolled in accordance with 

the agreement entered into under subsection (a), or having completed the nursing degree program, does not become an officer in the 

Nurse Corps of the Army or the Navy or an officer designated as 

a nurse officer of the Air Force or commissioned corps of the Public 

Health Service or does not complete the period of obligated active 

service required under the agreement, shall be subject to the repayment provisions of section 303a(e) of title 37.’’. (7) EDUCATION LOAN REPAYMENT PROGRAM.—Subsection (g) 

of section 2173 of such title is amended— (A) by inserting ‘‘(1)’’ before ‘‘A commissioned officer’’; 

and 

(B) by adding at the end the following new paragraph: ‘‘(2) An officer who does not complete the period of active duty 

specified in the agreement entered into under subsection (b)(3), or 

the alternative obligation imposed under paragraph (1), shall be 

subject to the repayment provisions of section 303a(e) of title 37.’’. (8) SCHOLARSHIP PROGRAM FOR DEGREE PROGRAM FOR DEGREE OR CERTIFICATION IN INFORMATION ASSURANCE.—Section 

2200a of such title is amended— (A) by striking subsection (e) and inserting the following new subsection: ‘‘(e) REPAYMENT FOR PERIOD OF UNSERVED OBLIGATED SERVICE.—(1) A member of an armed force who does not complete the period of active duty specified in the service agreement under section 


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(b) shall be subject to the repayment provisions of section 303a(e) of 

title 37. 

‘‘(2) A civilian employee of the Department of Defense who voluntarily terminates service before the end of the period of obligated 

service required under an agreement entered into under subsection 

(b) shall be subject to the repayment provisions of section 303a(e) of 

title 37 in the same manner and to the same extent as if the civilian 

employee were a member of the armed forces.’’. 

(B) by striking subsection (f); and 

(C) by redesignating subsection (g) as subsection (f). 

(9) ARMY CADET AGREEMENT TO SERVE AS OFFICER.—Section 4348 of such title is amended by adding at the end the following new subsection: 

‘‘(f) A cadet or former cadet who does not fulfill the terms of the 

agreement as specified under section (a), or the alternative obligation imposed under subsection (b), shall be subject to the repayment 

provisions of section 303a(e) of title 37.’’. 

(10) MIDSHIPMEN AGREEMENT FOR LENGTH OF SERVICE.—

Section 6959 of such title is amended by adding at the end the 

following new subsection: 

‘‘(f) A midshipman or former midshipman who does not fulfill 

the terms of the agreement as specified under section (a), or the alternative obligation imposed under subsection (b), shall be subject 

to the repayment provisions of section 303a(e) of title 37.’’. 

(11) AIR FORCE CADET AGREEMENT TO SERVE AS OFFICER.—

Section 9348 of such title is amended by adding at the end the 

following new subsection: 

‘‘(f) A cadet or former cadet who does not fulfill the terms of the 

agreement as specified under section (a), or the alternative obligation imposed under subsection (b), shall be subject to the repayment 

provisions of section 303a(e) of title 37.’’. 

(12) EDUCATIONAL ASSISTANCE FOR MEMBERS OF SELECTED

RESERVE.—Section 16135 of such title is amended to read as 

follows: 

‘‘§ 16135. Failure to participate satisfactorily; penalties 

‘‘(a) PENALTIES.—At the option of the Secretary concerned, a 

member of the Selected Reserve of an armed force who does not participate satisfactorily in required training as a member of the Selected Reserve during a term of enlistment or other period of obligated service that created entitlement of the member to educational 

assistance under this chapter, and during which the member has received such assistance, may—

‘‘(1) be ordered to active duty for a period of two years or 

the period of obligated service the person has remaining under 

section 16132 of this title, whichever is less; or 

‘‘(2) be subject to the repayment provisions under section 

303a(e) of title 37. 

‘‘(b) EFFECT OF REPAYMENT.—Any repayment under section 

303a(e) of title 37 shall not affect the period of obligation of a member to serve as a Reserve in the Selected Reserve.’’. 

(13) HEALTH PROFESSIONS STIPEND PROGRAM PENALTIES

AND LIMITATIONS.—Subparagraph (B) of section 16203(a)(1) of 

such title is amended to read as follows: 


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‘‘(B) to comply with the repayment provisions of section 

303a(e) of title 37.’’. 

(14) LOAN REPAYMENT PROGRAM FOR CHAPLAINS SERVING IN

SELECTED RESERVE.—Section 16303 of such title, as added by 

section 684, is amended by striking subsection (d) and inserting 

the following new subsection: 

‘‘(d) EFFECT OF FAILURE TO COMPLETE OBLIGATION.—A person 

on whose behalf a loan is repaid under subsection (a) who fails to 

commence or complete the period of obligated service specified in the 

agreement described in subsection (a)(3) shall be subject to the repayment provisions of section 303a(e) of title 37.’’. 

(15) COLLEGE TUITION ASSISTANCE PROGRAM FOR MARINE

CORPS PLATOON LEADERS CLASS.—Subsection (f) of section 

16401 of such title is amended—

(A) in paragraph (1), by striking ‘‘may be required to 

repay the full amount of financial assistance’’ and inserting 

‘‘shall be subject to the repayment provisions of section 

303a(e) of title 37’’; and 

(B) in paragraph (2), by inserting before ‘‘The Secretary 

of the Navy’’ the following new sentence: ‘‘Any requirement 

to repay any portion of financial assistance received under 

this section shall be administered under the regulations 

issued under section 303a(e) of title 37.’’. 

(d) CONFORMING AMENDMENT TO TITLE 14.—Section 182 of title 

14, United States Code, is amended by adding at the end the following new subsection: 

‘‘(g) A cadet or former cadet who does not fulfill the terms of 

the obligation to serve as specified under section (b), or the alternative obligation imposed under subsection (c), shall be subject to 

the repayment provisions of section 303a(e) of title 37.’’. 

(e) CLERICAL AMENDMENTS.—

(1) SECTION HEADING.—The heading of section 303a of title 

37, United States Code, is amended to read as follows: 

‘‘§ 303a. Special pay: general provisions’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 5 of such title is amended by striking the 

item relating to section 303a and inserting the following new 

item: 

‘‘303a. Special pay: general provisions.’’. 

(f) CONTINUED APPLICATION OF CURRENT LAW TO EXISTING BONUSES.—In the case of any bonus, incentive pay, special pay, or 

similar payment, such as education assistance or a stipend, which 

the United States became obligated to pay before April 1, 2006, 

under a provision of law amended by subsection (b), (c), or (d) of 

this section, such provision of law, as in effect on the day before the 

date of the enactment of this Act, shall continue to apply to the payment, or any repayment, of the bonus, incentive pay, special pay, or 

similar payment under such provision of law. 


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SEC. 688. RIGHTS OF MEMBERS OF THE ARMED FORCES AND THEIR 

DEPENDENTS UNDER HOUSING AND URBAN DEVELOPMENT ACT OF 1968. 

(a) WRITTEN NOTICE OF RIGHTS.—Section 106(c)(5)(A)(ii) of the 

Housing and Urban Development Act of 1968 (12 U.S.C. 

1701x(c)(5)(A)(ii)) is amended—

(1) in subclause (II), by striking ‘‘and’’ at the end; 

(2) in subclause (III), by striking the period and inserting 

‘‘; and’’; and 

(3) by adding at the end the following new subclause: 

‘‘(IV) notify the homeowner by a statement or 

notice, written in plain English by the Secretary of 

Housing and Urban Development, in consultation 

with the Secretary of Defense and the Secretary of 

the Treasury, explaining the mortgage and foreclosure rights of servicemembers, and the dependents of such servicemembers, under the 

Servicemembers Civil Relief Act (50 U.S.C. App. 

501 et seq.), including the toll-free military one 

source number to call if servicemembers, or the dependents of such servicemembers, require further 

assistance.’’. 

(b) NO EFFECT ON OTHER LAWS.—Nothing in this section shall 

relieve any person of any obligation imposed by any other Federal, 

State, or local law. 

(c) DISCLOSURE FORM.—Not later than 150 days after the date 

of the enactment of this Act, the Secretary of Housing and Urban 

Development shall issue a final disclosure form to fulfill the requirement of subclause (IV) of section 106(c)(5)(A)(ii) of the Housing and 

Urban Development Act of 1968, as added by subsection (a). 

(d) EFFECTIVE DATE.—The amendments made under subsection 

(a) shall take effect 150 days after the date of the enactment of this 

Act. 

SEC. 689. EXTENSION OF ELIGIBILITY FOR SSI FOR CERTAIN INDIVIDUALS IN FAMILIES THAT INCLUDE MEMBERS OF THE RESERVE AND NATIONAL GUARD. 

Section 1631(j)(1)(B) of the Social Security Act (42 U.S.C. 

1383(j)(1)(B)) is amended by inserting ‘‘(or 24 consecutive months, 

in the case of such an individual whose ineligibility for benefits 

under or pursuant to both such sections is a result of being called 

to active duty pursuant to section 12301(d) or 12302 of title 10, 

United States Code, or section 502(f) of title 32, United States 

Code)’’ after ‘‘for a period of 12 consecutive months’’. 

SEC. 690. INFORMATION FOR MEMBERS OF THE ARMED FORCES AND 

THEIR DEPENDENTS ON RIGHTS AND PROTECTIONS OF 

THE SERVICEMEMBERS CIVIL RELIEF ACT. 

(a) OUTREACH TO MEMBERS.—The Secretary concerned shall 

provide to each member of the Armed Forces under the jurisdiction 

of the Secretary pertinent information on the rights and protections 

available to members and their dependents under the 

Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.). 

(b) TIME OF PROVISION.—The information required to be provided under subsection (a) to a member shall be provided at the following times: 

(1) During the initial orientation training of the member. 


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(2) In the case of a member of a reserve component, during 

the initial orientation training of the member and when the 

member is mobilized or otherwise individually called or ordered 

to active duty for a period of more than one year. 

(3) At such other times as the Secretary concerned considers 

appropriate. 

(c) OUTREACH TO DEPENDENTS.—The Secretary concerned may 

provide to the adult dependents of members under the jurisdiction 

of the Secretary pertinent information on the rights and protections 

available to members and their dependents under the 

Servicemembers Civil Relief Act. 

(d) DEFINITIONS.—In this section, the terms ‘‘dependent’’ and 

‘‘Secretary concerned’’ have the meanings given such terms in section 101 of the Servicemembers Civil Relief Act (50 U.S.C. App. 

511). 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—Improvements to Health Benefits for Reserves 

Sec. 701. Enhancement of TRICARE Reserve Select program. 

Sec. 702. Expanded eligibility of members of the Selected Reserve under the 

TRICARE program. 

Subtitle B—TRICARE Program Improvements 

Sec. 711. Additional information required by surveys on TRICARE Standard. 

Sec. 712. Availability of chiropractic health care services. 

Sec. 713. Surviving-dependent eligibility under TRICARE dental plan for surviving spouses who were on active duty at time of death of military 

spouse. 

Sec. 714. Exceptional eligibility for TRICARE Prime Remote. 

Sec. 715. Increased period of continued TRICARE Prime coverage of children of 

members of the uniformed services who die while serving on active duty 

for a period of more than 30 days. 

Sec. 716. TRICARE Standard in TRICARE Regional Offices. 

Sec. 717. Qualifications for individuals serving as TRICARE Regional Directors. 

Subtitle C—Mental Health-Related Provisions 

Sec. 721. Program for mental health awareness for dependents and pilot project on 

post traumatic stress disorder. 

Sec. 722. Pilot projects on early diagnosis and treatment of post traumatic stress 

disorder and other mental health conditions. 

Sec. 723. Department of Defense task force on mental health. 

Subtitle D—Studies and Reports 

Sec. 731. Study relating to predeployment and postdeployment medical exams of 

certain members of the Armed Forces. 

Sec. 732. Requirements for physical examinations and medical and dental readiness for members of the Selected Reserve not on active duty. 

Sec. 733. Report on delivery of health care benefits through the military health care 

system. 

Sec. 734. Comptroller General studies and report on differential payments to children’s hospitals for health care for children dependents and maximum 

allowable charge for obstetrical care services under TRICARE. 

Sec. 735. Report on the Department of Defense AHLTA global electronic health 

record system. 

Sec. 736. Comptroller General study and report on Vaccine Healthcare Centers. 

Sec. 737. Report on adverse health events associated with use of anti-malarial 

drugs. 

Sec. 738. Report on Reserve dental insurance program. 

Sec. 739. Demonstration project study on Medicare Advantage regional preferred 

provider organization option for TRICARE-medicare dual-eligible beneficiaries. 


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Sec. 740. Pilot projects on pediatric early literacy among children of members of 

the Armed Forces. 

Subtitle E—Other Matters 

Sec. 741. Authority to relocate patient safety center; renaming MedTeams Program. 

Sec. 742. Modification of health care quality information and technology enhancement reporting requirement. 

Sec. 743. Correction to eligibility of certain Reserve officers for military health care 

pending active duty following commissioning. 

Sec. 744. Prohibition on conversions of military medical and dental positions to civilian medical positions until submission of certification. 

Sec. 745. Clarification of inclusion of dental care in medical readiness tracking 

and health surveillance program. 

Sec. 746. Cooperative outreach to members and former members of the naval service exposed to environmental factors related to sarcoidosis. 

Sec. 747. Repeal of requirement for Comptroller General reviews of certain Department of Defense-Department of Veterans Affairs projects on sharing of 

health care resources. 

Sec. 748. Pandemic avian flu preparedness. 

Sec. 749. Follow up assistance for members of the Armed Forces after 

preseparation physical examinations. 

Sec. 750. Policy on role of military medical and behavioral science personnel in interrogation of detainees. 

Subtitle A—Improvements to Health 

Benefits for Reserves 

SEC. 701. ENHANCEMENT OF TRICARE RESERVE SELECT PROGRAM. 

(a) EXTENSION OF COVERAGE FOR MEMBERS RECALLED TO ACTIVE DUTY.—Section 1076d of title 10, United States Code, is 

amended—

(1) in subsection (b), by redesignating paragraph (3) as 

paragraph (4) and by inserting after paragraph (2) the following new paragraph (3): 

‘‘(3) In the case of a member recalled to active duty before the 

period of coverage for which the member is eligible under subsection 

(a) terminates, the period of coverage of the member—

‘‘(A) resumes after the member completes the subsequent active duty service (subject to any additional entitlement to care 

and benefits under section 1145(a) of this title that is based on 

the same subsequent active duty service); and 

‘‘(B) increases by any additional period of coverage for 

which the member is eligible under subsection (a) based on the 

subsequent active duty service.’’; 

(2) in subsection (b)(2), by striking ‘‘Unless earlier terminated under paragraph (3)’’ and inserting ‘‘Subject to paragraph (3) and unless earlier terminated under paragraph (4)’’; 

and 

(3) in subsection (f), by adding at the end the following new 

paragraph: 

‘‘(3) The term ‘member recalled to active duty’ means, with 

respect to a member who is eligible for coverage under this section based on a period of active duty service, a member who is 

called or ordered to active duty for an additional period of active duty subsequent to the period of active duty on which that 

eligibility is based.’’. 

(b) SPECIAL RULE FOR MOBILIZED MEMBERS OF INDIVIDUAL

READY RESERVE FINDING NO POSITION IN SELECTED RESERVE.—


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Section 1076d of such title is amended by adding at the end of subsection (b) (as amended by this section) the following new paragraph: 

‘‘(5) In the case of a member of the Individual Ready Reserve 

who is unable to find a position in the Selected Reserve and who 

meets the requirements for eligibility for health benefits under 

TRICARE Standard under subsection (a) except for membership in 

the Selected Reserve, the period of coverage under this section may 

begin not later than one year after coverage would otherwise begin 

under this section had the member been a member of the Selected 

Reserve, if the member finds a position in the Selected Reserve during that one-year period.’’. 

(c) ELIGIBILITY OF FAMILY MEMBERS FOR 6 MONTHS FOLLOWING DEATH OF MEMBER.—Section 1076d(c) of such title is 

amended by adding at the end the following: ‘‘If a member of a reserve component dies while in a period of coverage under this section, the eligibility of the members of the immediate family of such 

member for TRICARE Standard coverage shall continue for six 

months beyond the date of death of the member.’’. 

(d) EXTENSION OF TIME FOR ENTERING INTO AGREEMENT.—Section 1076d(a)(2) of such title is amended by striking ‘‘on or before 

the date of the release’’ and inserting ‘‘not later than 90 days after 

release’’. 

(e) REVISION OF TRICARE STANDARD DEFINITION.—Subsection 

(f)(2) of section 1076d of such title is amended to read as follows: 

‘‘(2) The term ‘TRICARE Standard’ means—

‘‘(A) medical care to which a dependent described in 

section 1076(a)(2) of this title is entitled; and 

‘‘(B) health benefits contracted for under the authority 

of section 1079(a) of this title and subject to the same rates 

and conditions as apply to persons covered under that section.’’. 

(f) REVISION OF SECTION HEADING.—

(1) AMENDMENT.—The heading for section 1076d of such 

title is amended to read as follows: 

‘‘§ 1076d. TRICARE program: coverage for members of reserve 

components who commit to continued service in the 

Selected Reserve after release from active duty in 

support of a contingency operation’’. 

(2) CLERICAL AMENDMENT.—The item relating to section 

1076d in the table of sections relating to chapter 55 of such title 

is amended to read as follows: 

‘‘1076d. TRICARE program: coverage for members of reserve components who commit 

to continued service in the Selected Reserve after release from active 

duty in support of a contingency operation.’’. 

SEC. 702. EXPANDED ELIGIBILITY OF MEMBERS OF THE SELECTED RESERVE UNDER THE TRICARE PROGRAM. 

(a) EXPANDED ELIGIBILITY.—

(1) IN GENERAL.—Section 1076b of title 10, United States 

Code, is amended to read as follows: 


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‘‘§ 1076b. TRICARE program: TRICARE Standard coverage 

for members of the Selected Reserve 

‘‘(a) ELIGIBILITY.—Each member of the Selected Reserve of the 

Ready Reserve who is committed to serving in the Selected Reserve 

as described in subsection (c)(3) is eligible, subject to subsection (h), 

to enroll in TRICARE Standard and receive benefits under such enrollment for any period that the member—

‘‘(1) is an eligible unemployment compensation recipient; 

‘‘(2) subject to subsection (i), is not eligible for health care 

benefits under an employer-sponsored health benefits plan; or 

‘‘(3) is not eligible under paragraph (1) or (2) and is not eligible under section 1076d of this title. 

‘‘(b) TYPES OF COVERAGE.—(1) A member eligible under subsection (a) may enroll for either of the following types of coverage: 

‘‘(A) Self alone coverage. 

‘‘(B) Self and family coverage. 

‘‘(2) An enrollment by a member for self and family covers the 

member and the dependents of the member who are described in 

subparagraph (A), (D), or (I) of section 1072(2) of this title. 

‘‘(c) ENROLLMENT.—(1) The Secretary of Defense shall provide 

for at least one open enrollment period each year. During an open 

enrollment period or at such other time as the Secretary considers 

appropriate, a member eligible under subsection (a) may enroll in 

TRICARE Standard or change or terminate an enrollment in 

TRICARE Standard. 

‘‘(2) An enrollment in TRICARE Standard of a member eligible 

under subsection (a) shall be effective for one year only, and may 

be renewed by the member during the open enrollment period provided under paragraph (1) or at such other time as the Secretary 

considers appropriate. 

‘‘(3) A member eligible under subsection (a) may not enroll or 

renew an enrollment in TRICARE Standard under this section unless the member is committed to a period of obligated service in the 

Selected Reserve that extends through the enrollment period. 

‘‘(d) SCOPE OF CARE.—(1) A member and the dependents of a 

member enrolled in TRICARE Standard under this section shall be 

entitled to the same benefits under this chapter as a member of the 

uniformed services on active duty or a dependent of such a member, 

respectively, is entitled to under TRICARE Standard. 

‘‘(2) Section 1074(c) of this title shall apply with respect to a 

member enrolled in TRICARE Standard under this section. 

‘‘(e) PREMIUMS.—(1) The Secretary of Defense shall charge premiums for coverage pursuant to enrollments under this section. The 

Secretary shall prescribe for each of the TRICARE Standard program options a premium for self alone coverage and a premium for 

self and family coverage. 

‘‘(2) The monthly amount of the premium in effect for a month 

for a type of coverage under this section shall be as follows: 

‘‘(A) For members eligible under paragraph (1) or (2) of 

subsection (a), the amount equal to 50 percent of the total 

amount determined by the Secretary on an appropriate actuarial basis as being reasonable for the coverage. 

‘‘(B) For members eligible under paragraph (3) of subsection (a), the amount equal to 85 percent of the total amount 


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determined by the Secretary on an appropriate actuarial basis 

as being reasonable for the coverage. 

‘‘(3) In determining the amount of a premium under paragraph 

(2), the Secretary shall use the same actuarial basis as used under 

section 1076d of this title for determining the amount of premiums 

under that section. ‘‘(4) The premiums payable by a member under this subsection 

may be deducted and withheld from basic pay payable to the member under section 204 of title 37 or from compensation payable to 

the member under section 206 of such title. The Secretary shall prescribe the requirements and procedures applicable to the payment of 

premiums by members. ‘‘(5) Amounts collected as premiums under this subsection shall 

be credited to the appropriation available for the Defense Health 

Program Account under section 1100 of this title, shall be merged 

with sums in such Account that are available for the fiscal year in 

which collected, and shall be available under subsection (b) of such 

section for such fiscal year. ‘‘(f) OTHER CHARGES.—A person who receives health care pursuant to an enrollment in TRICARE Standard under this section, including a member who receives such health care, shall be subject to 

the same deductibles, copayments, and other nonpremium charges 

for health care as apply under this chapter for health care provided 

under TRICARE Standard to dependents described in subparagraph (A), (D), or (I) of section 1072(2) of this title. 

‘‘(g) TERMINATION OF ENROLLMENT.—(1) A member enrolled in 

TRICARE Standard under this section may terminate the enrollment only during an open enrollment period provided under subsection (c). ‘‘(2) An enrollment of a member for self alone or for self and 

family under this section shall terminate on the first day of the first 

month beginning after the date on which the member ceases to be 

eligible under subsection (a). ‘‘(3) The enrollment of a member under this section may be terminated on the basis of failure to pay the premium charged the 

member under this section. 

‘‘(h) RELATIONSHIP TO TRANSITION TRICARE COVERAGE UPON

SEPARATION FROM ACTIVE DUTY.—A member is not eligible for 

TRICARE Standard under this section while entitled to transitional 

health care under subsection (a) of section 1145 of this title or while 

authorized to receive health care under subsection (c) of such section. ‘‘(i) NONCOVERAGE BY OTHER HEALTH BENEFITS PLAN.—(1) For 

purposes of subsection (a)(2), a person shall be considered to be not 

eligible for health care benefits under an employer-sponsored health 

benefits plan only if the person—

‘‘(A) is employed by an employer that does not offer a health 

benefits plan to anyone working for the employer; 

‘‘(B) is in a category of employees to which the person’s employer does not offer a health benefits plan, if such category is 

designated by the employer based on hours, duties, employment 

agreement, or such other characteristic, other than membership 

in the Selected Reserve, as the regulations administering this 

section prescribe (such as part-time employees); or ‘‘(C) is self-employed. 


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‘‘(2) The Secretary of Defense may require a member to submit 

any certification that the Secretary considers appropriate to substantiate the member’s assertion that the member is not eligible for 

health care benefits under an employer-sponsored health benefits 

plan. 

‘‘(j) ELIGIBLE UNEMPLOYMENT COMPENSATION RECIPIENT DEFINED.—In this section, the term ‘eligible unemployment compensation recipient’ means, with respect to any month, any individual 

who is determined eligible for any day of such month for unemployment compensation under State law (as defined in section 205(9) of 

the Federal-State Extended Unemployment Compensation Act of 

1970), including Federal unemployment compensation laws administered through the State. 

‘‘(k) TRICARE STANDARD DEFINED.—In this section, the term 

‘TRICARE Standard’ has the meaning provided by section 1076d(f) 

of this title. 

‘‘(l) REGULATIONS.—The Secretary of Defense, in consultation 

with the other administering Secretaries, shall prescribe regulations 

for the administration of this section.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 55 of title 10, United States Code, is amended by striking the item relating to section 1076b and inserting 

the following: 

‘‘1076b. TRICARE program: TRICARE Standard coverage for members of the Selected Reserve.’’. 

(b) EFFECTIVE DATE.—The Secretary of Defense shall ensure 

that health care under TRICARE Standard is provided under section 1076b of title 10, United States Code, as amended by this section, beginning not later than October 1, 2006. 

Subtitle B—TRICARE Program 

Improvements 

SEC. 711. ADDITIONAL INFORMATION REQUIRED BY SURVEYS ON 

TRICARE STANDARD. 

Section 723(a) of the National Defense Authorization Act for 

Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1532; 10 U.S.C. 

1073 note) is amended by adding at the end the following new paragraph: 

‘‘(4) Surveys required by paragraph (1) shall include questions 

seeking to determine from health care providers the following: 

‘‘(A) Whether the provider is aware of the TRICARE program. 

‘‘(B) What percentage of the provider’s current patient population uses any form of TRICARE. 

‘‘(C) Whether the provider accepts patients for whom payment is made under the medicare program for health care services. 

‘‘(D) If the provider accepts patients referred to in subparagraph (C), whether the provider would accept additional such 

patients who are not in the provider’s current patient population.’’. 


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SEC. 712. AVAILABILITY OF CHIROPRACTIC HEALTH CARE SERVICES. 

(a) AVAILABILITY OF CHIROPRACTIC HEALTH CARE SERVICES.—

The Secretary of the Air Force shall ensure that chiropractic health 

care services are available at all medical treatment facilities listed 

in table 5 of the report to Congress dated August 16, 2001, titled 

‘‘Chiropractic Health Care Implementation Plan’’. If the Secretary 

determines that it is not necessary or feasible to provide chiropractic 

health care services at any such facility, the Secretary shall provide 

such services at an alternative site for each such facility. 

(b) IMPLEMENTATION AND REPORT.—Not later than September 

30, 2006, the Secretary of the Air Force shall—

(1) implement subsection (a); and 

(2) submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the availability of chiropractic health care services as required under 

subsection (a), including information on alternative sites at 

which such services have been made available. 

SEC. 713. SURVIVING-DEPENDENT ELIGIBILITY UNDER TRICARE DENTAL PLAN FOR SURVIVING SPOUSES WHO WERE ON ACTIVE DUTY AT TIME OF DEATH OF MILITARY SPOUSE. 

Section 1076a(k) of title 10, United States Code, is amended to 

read as follows: 

‘‘(k) ELIGIBLE DEPENDENT DEFINED.—(1) In this section, the 

term ‘eligible dependent’ means a dependent described in subparagraph (A), (D), or (I) of section 1072(2) of this title. 

‘‘(2) Such term includes any such dependent of a member who 

dies while on active duty for a period of more than 30 days or a 

member of the Ready Reserve if, on the date of the death of the 

member, the dependent—

‘‘(A) is enrolled in a dental benefits plan established under 

subsection (a); or 

‘‘(B) if not enrolled in such a plan on such date—

‘‘(i) is not enrolled by reason of a discontinuance of a 

former enrollment under subsection (f); or 

‘‘(ii) is not qualified for such enrollment because—

‘‘(I) the dependent is a child under the minimum 

age for such enrollment; or 

‘‘(II) the dependent is a spouse who is a member of 

the armed forces on active duty for a period of more 

than 30 days. 

‘‘(3) Such term does not include a dependent by reason of paragraph (2) after the end of the three-year period beginning on the 

date of the member’s death.’’. 

SEC. 714. EXCEPTIONAL ELIGIBILITY FOR TRICARE PRIME REMOTE. 

Section 1079(p) of title 10, United States Code, is amended—

(1) by redesignating paragraph (4) as paragraph (5); and 

(2) by inserting after paragraph (3) the following new paragraph: 

‘‘(4) The Secretary of Defense may provide for coverage of a dependent referred to in subsection (a) who is not described in paragraph (3) if the Secretary determines that exceptional circumstances 

warrant such coverage.’’. 


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SEC. 715. INCREASED PERIOD OF CONTINUED TRICARE PRIME COVERAGE OF CHILDREN OF MEMBERS OF THE UNIFORMED 

SERVICES WHO DIE WHILE SERVING ON ACTIVE DUTY FOR 

A PERIOD OF MORE THAN 30 DAYS. 

(a) PERIOD OF ELIGIBILITY.—Section 1079(g) of title 10, United 

States Code, is amended—

(1) by inserting ‘‘(1)’’ after ‘‘(g)’’; 

(2) by striking the second sentence; and 

(3) by adding at the end the following new paragraph: 

‘‘(2) In addition to any continuation of eligibility for benefits 

under paragraph (1), when a member dies while on active duty for 

a period of more than 30 days, the member’s dependents who are 

receiving benefits under a plan covered by subsection (a) shall continue to be eligible for benefits under TRICARE Prime during the 

three-year period beginning on the date of the member’s death, except that, in the case of such a dependent of the deceased who is described by subparagraph (D) or (I) of section 1072(2) of this title, 

the period of continued eligibility shall be the longer of the following 

periods beginning on such date: 

‘‘(A) Three years. 

‘‘(B) The period ending on the date on which such dependent attains 21 years of age. 

‘‘(C) In the case of such a dependent who, at 21 years of 

age, is enrolled in a full-time course of study in a secondary 

school or in a full-time course of study in an institution of higher education approved by the administering Secretary and was, 

at the time of the member’s death, in fact dependent on the 

member for over one-half of such dependent’s support, the period ending on the earlier of the following dates: 

‘‘(i) The date on which such dependent ceases to pursue 

such a course of study, as determined by the administering 

Secretary. 

‘‘(ii) The date on which such dependent attains 23 

years of age. 

‘‘(3) For the purposes of paragraph (2)(C), a dependent shall be 

treated as being enrolled in a full-time course of study in an institution of higher education during any reasonable period of transition 

between the dependent’s completion of a full-time course of study in 

a secondary school and the commencement of an enrollment in a 

full-time course of study in an institution of higher education, as determined by the administering Secretary. 

‘‘(4) The terms and conditions under which health benefits are 

provided under this chapter to a dependent of a deceased member 

under paragraph (2) shall be the same as those that would apply 

to the dependent under this chapter if the member were living and 

serving on active duty for a period of more than 30 days. 

‘‘(5) In this subsection, the term ‘TRICARE Prime’ means the 

managed care option of the TRICARE program.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection (a) 

shall take effect on October 7, 2001, and shall apply with respect 

to deaths occurring on or after that date. 

SEC. 716. TRICARE STANDARD IN TRICARE REGIONAL OFFICES. 

(a) RESPONSIBILITIES OF TRICARE REGIONAL OFFICE.—The responsibilities of each TRICARE Regional Office shall include the 


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monitoring, oversight, and improvement of the TRICARE Standard 

option in the TRICARE region concerned, including—

(1) identifying health care providers who will participate in 

the TRICARE program and provide the TRICARE Standard 

option under that program; 

(2) communicating with beneficiaries who receive the 

TRICARE Standard option; 

(3) outreach to community health care providers to encourage their participation in the TRICARE program; and 

(4) publication of information that identifies health care 

providers in the TRICARE region concerned who provide the 

TRICARE Standard option. 

(b) ANNUAL REPORT.—The Secretary of Defense shall submit an 

annual report to the Committees on Armed Services of the Senate 

and the House of Representatives on the monitoring, oversight, and 

improvement of TRICARE Standard activities of each TRICARE 

Regional Office. The report shall include—

(1) a description of the activities of the TRICARE Regional 

Office to monitor, oversee, and improve the TRICARE Standard 

option; 

(2) an assessment of the participation of eligible health care 

providers in TRICARE Standard in each TRICARE region; and 

(3) a description of any problems or challenges that have 

been identified by both providers and beneficiaries with respect 

to use of the TRICARE Standard option and the actions undertaken to address such problems or challenges. 

(c) DEFINITION.—In this section, the term ‘‘TRICARE Standard’’

or ‘‘TRICARE standard option’’ means the Civilian Health and 

Medical Program of the Uniformed Services option under the 

TRICARE program. 

SEC. 717. QUALIFICATIONS FOR INDIVIDUALS SERVING AS TRICARE 

REGIONAL DIRECTORS. 

(a) QUALIFICATIONS.—Effective as of the date of the enactment 

of this Act, no individual may be selected to serve in the position 

of Regional Director under the TRICARE program unless the individual—

(1) is—

(A) an officer of the Armed Forces in a general or flag 

officer grade; 

(B) a civilian employee of the Department of Defense in 

the Senior Executive Service; or 

(C) a civilian employee of the Federal Government in 

a department or agency other than the Department of Defense, or a civilian working in the private sector, who has 

experience in a position comparable to an officer described 

in subparagraph (A) or a civilian employee described in 

subparagraph (B); and 

(2) has at least 10 years of experience, or equivalent expertise or training, in the military health care system, managed 

care, and health care policy and administration. 

(b) TRICARE PROGRAM DEFINED.—In this section, the term 

‘‘TRICARE program’’ has the meaning given such term in section 

1072(7) of title 10, United States Code. 


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Subtitle C—Mental Health-Related 

Provisions 

SEC. 721. PROGRAM FOR MENTAL HEALTH AWARENESS FOR DEPENDENTS AND PILOT PROJECT ON POST TRAUMATIC STRESS 

DISORDER. 

(a) PROGRAM ON MENTAL HEALTH AWARENESS.—

(1) REQUIREMENT.—Not later than one year after the date 

of the enactment of this Act, the Secretary of Defense shall develop a program to improve awareness of the availability of 

mental health services for, and warning signs about mental 

health problems in, dependents of members of the Armed Forces 

whose sponsor served or will serve in a combat theater during 

the previous or next 60 days. 

(2) MATTERS COVERED.—The program developed under 

paragraph (1) shall be designed to—

(A) increase awareness of mental health services available to dependents of members of the Armed Forces on active duty; 

(B) increase awareness of mental health services available to dependents of Reservists and National Guard members whose sponsors have been activated; and 

(C) increase awareness of mental health issues that 

may arise in dependents referred to in subparagraphs (A) 

and (B) whose sponsor is deployed to a combat theater. 

(3) COORDINATION.—The Secretary may permit the Department of Defense to coordinate the program developed under 

paragraph (1) with an accredited college, university, hospitalbased, or community-based mental health center or engage 

mental health professionals to develop programs to help implement this section. 

(4) AVAILABILITY IN OTHER LANGUAGES.—The Secretary 

shall evaluate whether the effectiveness of the program developed under paragraph (1) would be improved by providing materials in languages other than English and take action accordingly 

(5) REPORT.—Not later than one year after implementation 

of the program developed under paragraph (1), the Secretary 

shall submit to Congress a report on the effectiveness of the program, including the extent to which the program is used by lowEnglish-proficient individuals. 

(b) PILOT PROJECT ON POST TRAUMATIC STRESS DISORDER.—

(1) REQUIREMENT.—The Secretary of Defense shall carry 

out a pilot project to evaluate the efficacy of various approaches 

to improving the capability of the military and civilian health 

care systems to provide early diagnosis and treatment of post 

traumatic stress disorder (PTSD) and other mental health conditions. 

(2) INTERNET-BASED DIAGNOSIS AND TREATMENT.—The pilot 

project shall be designed to evaluate—

(A) Internet-based automated tools available to military and civilian health care providers for the early diagnosis and treatment of post traumatic stress disorder, and 


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for tracking patients who suffer from post traumatic stress 

disorder; and 

(B) Internet-based tools available to family members of 

members of the Armed Forces in order to assist such family 

members in the identification of the emergence of post traumatic stress disorder. 

(3) REPORT.—Not later than June 1, 2006, the Secretary 

shall submit to the congressional defense committees a report on 

the pilot project. The report shall include a description of the 

pilot project, including the location of the pilot project and the 

scope and objectives of the pilot project. 

SEC. 722. PILOT PROJECTS ON EARLY DIAGNOSIS AND TREATMENT OF 

POST TRAUMATIC STRESS DISORDER AND OTHER MENTAL HEALTH CONDITIONS. 

(a) PILOT PROJECTS REQUIRED.—The Secretary of Defense may 

carry out pilot projects to evaluate the efficacy of various approaches 

to improving the capability of the military and civilian health care 

systems to provide early diagnosis and treatment of post traumatic 

stress disorder (PTSD) and other mental health conditions. 

(b) PILOT PROJECT REQUIREMENTS.—

(1) MOBILIZATION-DEMOBILIZATION FACILITY.— (A) IN GENERAL.—A pilot project under subsection (a) 

may be carried out at a military medical facility at a large 

military installation at which the mobilization or demobilization of members of the Armed Forces occurs. 

(B) ELEMENTS.—The pilot project under this paragraph shall be designed to evaluate and produce effective 

diagnostic and treatment approaches for use by primary 

care providers in the military health care system in order 

to improve the capability of such providers to diagnose and 

treat post traumatic stress disorder in a manner that 

avoids the referral of patients to specialty care by a psychiatrist or other mental health professional. 

(2) NATIONAL GUARD OR RESERVE FACILITY.—

(A) IN GENERAL.—A pilot project under subsection (a) 

may be carried out at the location of a National Guard or 

Reserve unit or units that are located more than 40 miles 

from a military medical facility and whose personnel are 

served primarily by civilian community health resources. 

(B) ELEMENTS.—The pilot project under this paragraph shall be designed—

(i) to evaluate approaches for providing evidencebased clinical information on post traumatic stress disorder to civilian primary care providers; and 

(ii) to develop educational materials and other 

tools for use by members of the National Guard or Reserve who come into contact with other members of the 

National Guard or Reserve who may suffer from post 

traumatic stress disorder in order to encourage and facilitate early reporting and referral for treatment. 

(c) REPORT.—Not later than September 1, 2006, the Secretary 

shall submit to the congressional defense committees a report on the 

progress toward identifying pilot projects to be carried out under 

this section. To the extent possible the report shall include a description of each such pilot project, including the location of the pilot 


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projects under paragraphs (1) and (2) of subsection (b), and the 

scope and objectives of each such pilot project. 

SEC. 723. DEPARTMENT OF DEFENSE TASK FORCE ON MENTAL 

HEALTH. 

(a) REQUIREMENT TO ESTABLISH.—The Secretary of Defense 

shall establish within the Department of Defense a task force to examine matters relating to mental health and the Armed Forces. 

(b) COMPOSITION.— (1) MEMBERS.—The task force shall consist of not more 

than 14 members appointed by the Secretary of Defense from 

among individuals described in paragraph (2) who have demonstrated expertise in the area of mental health. 

(2) RANGE OF MEMBERS.—The individuals appointed to the 

task force shall include— (A) at least one member of each of the Army, Navy, Air 

Force, and Marine Corps; 

(B) a number of persons from outside the Department 

of Defense equal to the total number of personnel from 

within the Department of Defense (whether members of the 

Armed Forces or civilian personnel) who are appointed to 

the task force; 

(C) persons who have experience in—

(i) national mental health policy; 

(ii) military personnel policy; 

(iii) research in the field of mental health; 

(iv) clinical care in mental health; or 

(v) military chaplain or pastoral care; and 

(D) at least one family member of a member of the 

Armed Forces who has experience working with military 

families. 

(3) INDIVIDUALS APPOINTED WITHIN DEPARTMENT OF DE- FENSE.—At least one of the individuals appointed to the task 

force from within the Department of Defense shall be the surgeon general of an Armed Force. 

(4) INDIVIDUALS APPOINTED OUTSIDE DEPARTMENT OF DEFENSE.—(A) Individuals appointed to the task force from outside the Department of Defense may include officers or employees of other departments or agencies of the Federal Government, 

officers or employees of State and local governments, or individuals from the private sector. 

(B) The individuals appointed to the task force from outside 

the Department of Defense shall include—

(i) an officer or employee of the Department of Veterans 

Affairs; and 

(ii) an officer or employee of the Substance Abuse and 

Mental Health Services Administration of the Department 

of Health and Human Services. 

(5) DEADLINE FOR APPOINTMENT.—All appointments of individuals to the task force shall be made not later than 90 days 

after the date of the enactment of this Act. 

(6) CO-CHAIRS OF TASK FORCE.—There shall be two cochairs of the task force. One of the co-chairs shall be designated 

by the Secretary of the Defense at the time of appointment from 

among the Department of Defense personnel appointed to the 

task force. The other co-chair shall be selected from among the 


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members appointed from outside the Department of Defense by 

members so appointed. 

(c) ASSESSMENT AND RECOMMENDATIONS ON MENTAL HEALTH

SERVICES.—

(1) IN GENERAL.—Not later than 12 months after the date 

on which all members of the task force have been appointed, the 

task force shall submit to the Secretary a report containing an 

assessment of, and recommendations for improving, the efficacy 

of mental health services provided to members of the Armed 

Forces by the Department of Defense. 

(2) UTILIZATION OF OTHER EFFORTS.—In preparing the report, the task force shall take into consideration completed and 

ongoing efforts by the Department of Defense and the Department of Veterans Affairs to improve the efficacy of mental 

health care provided to members of the Armed Forces by the Departments. 

(3) ELEMENTS.—The assessment and recommendations (including recommendations for legislative or administrative action) shall include measures to improve the following: 

(A) The awareness of the potential for mental health 

conditions among members of the Armed Forces. 

(B) The access to and efficacy of existing programs in 

primary care and mental health care to prevent, identify, 

and treat mental health conditions among members of the 

Armed Forces, including programs for and with respect to 

forward-deployed troops. 

(C) Identification and means to evaluate the effectiveness of pilot projects authorized by section 722 with the objective of improving early diagnosis and treatment of post 

traumatic stress disorder and other mental health conditions. 

(D) The access to and programs for family members of 

members of the Armed Forces, including family members 

overseas. 

(E) The reduction or elimination of barriers to care, including the stigma associated with seeking help for mental 

health related conditions, and the enhancement of confidentiality for members of the Armed Forces seeking care for 

such conditions. 

(F) The awareness of mental health services available 

to dependents of members of the Armed Forces whose sponsors have been activated or deployed to a combat theater. 

(G) The adequacy of outreach, education, and support 

programs on mental health matters for families of members 

of the Armed Forces. 

(H) The early identification and treatment of mental 

health and substance abuse problems through the use of internal mass media communications (including radio and 

television) and other education tools to change attitudes 

within the Armed Forces regarding mental health and substance abuse treatment. 

(I) The efficacy of programs and mechanisms for ensuring a seamless transition from care of members of the 

Armed Forces on active duty for mental health conditions 

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tions through the Department of Veterans Affairs after such 

members are discharged or released from military, naval, 

or air service. 

(J) The availability of long-term follow-up and access 

to care for mental health conditions for members of the Individual Ready Reserve and the Selective Reserve and for 

discharged, separated, or retired members of the Armed 

Forces. 

(K) Collaboration among organizations in the Department of Defense with responsibility for or jurisdiction over 

the provision of mental health services. 

(L) Coordination between the Department of Defense 

and civilian communities, including local support organizations, with respect to mental health services. 

(M) The scope and efficacy of curricula and training on 

mental health matters for commanders in the Armed 

Forces. 

(N) The efficiency of pre- and post-deployment mental 

health screening, including mental health screenings for 

members of the Armed Forces who have experienced multiple deployments. 

(O) The effectiveness of mental health programs provided in languages other than English. 

(P) Such other matters as the task force considers appropriate. 

(d) ADMINISTRATIVE MATTERS.—

(1) COMPENSATION.—Each member of the task force who is 

a member of the Armed Forces or a civilian officer or employee 

of the United States shall serve without compensation (other 

than compensation to which entitled as a member of the Armed 

Forces or an officer or employee of the United States, as the case 

may be). Other members of the task force shall be treated for 

purposes of section 3161 of title 5, United States Code, as having been appointed under subsection (b) of such section. 

(2) OVERSIGHT.—The Under Secretary of Defense for Personnel and Readiness shall oversee the activities of the task 

force. 

(3) ADMINISTRATIVE SUPPORT.—The Washington Headquarters Services of the Department of Defense shall provide the 

task force with personnel, facilities, and other administrative 

support as necessary for the performance of the duties of the 

task force. 

(4) ACCESS TO FACILITIES.—The Under Secretary of Defense 

for Personnel and Readiness shall, in coordination with the 

Secretaries of the military departments, ensure appropriate access by the task force to military installations and facilities for 

purposes of the discharge of the duties of the task force. 

(e) REPORT.—

(1) IN GENERAL.—The task force shall submit to the Secretary of Defense a report on its activities under this section. 

The report shall include—

(A) a description of the activities of the task force; 

(B) the assessment and recommendations required by 

subsection (c); and 


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(C) such other matters relating to the activities of the 

task force that the task force considers appropriate. 

(2) TRANSMITTAL TO CONGRESS.—Not later than 90 days 

after receipt of the report under paragraph (1), the Secretary 

shall transmit the report to the Committees on Armed Services 

and Veterans’ Affairs of the Senate and the House of Representatives. The Secretary may include in the transmittal such comments on the report as the Secretary considers appropriate. 

(f) PLAN REQUIRED.—Not later than 6 months after receipt of 

the report from the task force under subsection (e)(1), the Secretary 

of Defense shall develop a plan based on the recommendations of 

the task force and submit the plan to the congressional defense committees. 

(g) TERMINATION.—The task force shall terminate 90 days after 

the date on which the report of the task force is submitted to Congress under subsection (e)(2). 

Subtitle D—Studies and Reports 

SEC. 731. STUDY RELATING TO PREDEPLOYMENT AND 

POSTDEPLOYMENT MEDICAL EXAMS OF CERTAIN MEMBERS OF THE ARMED FORCES. 

(a) STUDY.—The Secretary of Defense shall conduct a study of 

the effectiveness of self-administered surveys included in 

predeployment and postdeployment medical exams, including the 

mental health portion of the surveys, of members of the Armed 

Forces that are carried out as part of the medical tracking system 

required under section 1074f of title 10, United States Code. 

(b) REPORT.—Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on 

Armed Services of the Senate and the House of Representatives a report on the study conducted under subsection (a). 

SEC. 732. REQUIREMENTS FOR PHYSICAL EXAMINATIONS AND MEDICAL AND DENTAL READINESS FOR MEMBERS OF THE SELECTED RESERVE NOT ON ACTIVE DUTY. 

(a) IN GENERAL.—Subsection (a) of section 10206 of title 10, 

United States Code, is amended—

(1) by amending paragraph (1) to read as follows: 

‘‘(1) have a comprehensive medical readiness health and 

dental assessment on an annual basis, including routine annual preventive health care screening and periodic comprehensive physical examinations in accordance with regulations prescribed by the Secretary of Defense that reflect morbidity and 

mortality risks associated with the military service, age, and 

gender of the member; and’’ ’’; and 

(2) in paragraph (2), by striking ‘‘annually to the Secretary 

concerned’’ and all that follows and inserting ‘‘to the Secretary 

concerned on an annual basis documentation of the medical 

and dental readiness of the member to perform military duties.’’. 

(b) CONFORMING AMENDMENT.—The heading of such section is 

amended by striking ‘‘periodic’’. 

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 1007 of such title is amended in the item relating 

to section 10206 by striking ‘‘periodic’’. 


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SEC. 733. REPORT ON DELIVERY OF HEALTH CARE BENEFITS 

THROUGH THE MILITARY HEALTH CARE SYSTEM. 

(a) REPORT REQUIRED.—Not later than February 1, 2007, the 

Secretary of Defense shall submit to the congressional defense committees a report on the delivery of health care benefits through the 

military health care system. 

(b) ELEMENTS.—The report under subsection (a) shall include 

the following: 

(1) An analysis of the organization and costs of delivering 

health care benefits to current and retired members of the 

Armed Forces and their families. 

(2) An analysis of the costs of ensuring medical readiness 

throughout the Armed Forces in support of national security objectives. 

(3) An assessment of the role of health benefits in the recruitment and retention of members of the Armed Forces, 

whether in the regular components or the reserve components of 

the Armed Forces. 

(4) An assessment of the experience of the military departments during fiscal years 2003, 2004, and 2005 in recruitment 

and retention of military and civilian medical and dental personnel, whether in the regular components or the reserve components of the Armed Forces, in light of military and civilian 

medical manpower requirements. 

(5) A description of requirements for graduate medical education for military medical care providers and options for meeting such requirements, including civilian medical training programs. 

(c) RECOMMENDATIONS.—In addition to the matters specified in 

subsection (b), the report under subsection (a) shall also include 

such recommendations for legislative or administrative action as the 

Secretary considers necessary to improve efficiency and quality in 

the provision of health care benefits through the military health 

care system, including recommendations on—

(1) the organization and delivery of health care benefits; 

(2) mechanisms required to measure costs more accurately; 

(3) mechanisms required to measure quality of care, and 

access to care, more accurately; 

(4) Department of Defense participation in the Medicare 

Advantage Program, formerly Medicare plus Choice; 

(5) the use of flexible spending accounts and health savings 

accounts for military retirees under the age of 65; 

(6) incentives for eligible beneficiaries of the military health 

care system to retain private employer-provided health care insurance; 

(7) means of improving integrated systems of disease management, including chronic illness management; 

(8) means of improving the safety and efficiency of pharmacy benefits management; 

(9) the management of enrollment options for categories of 

eligible beneficiaries in the military health care system; 

(10) reform of the provider payment system, including the 

potential for use of a pay-for-performance system in order to reward quality and efficiency in the TRICARE system; 


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(11) means of improving efficiency in the administration of 

the TRICARE program, to include the reduction of headquarters and redundant management layers, and maximizing 

efficiency in the claims processing system; 

(12) other improvements in the efficiency of the military 

health care system; and 

(13) any other matters the Secretary considers appropriate 

to improve the efficiency and quality of military health care 

benefits. 

SEC. 734. COMPTROLLER GENERAL STUDIES AND REPORT ON DIFFERENTIAL PAYMENTS TO CHILDREN’S HOSPITALS FOR 

HEALTH CARE FOR CHILDREN DEPENDENTS AND MAXIMUM ALLOWABLE CHARGE FOR OBSTETRICAL CARE 

SERVICES UNDER TRICARE. 

(a) STUDIES REQUIRED.—The Comptroller General of the United 

States shall conduct the following studies: 

(1) A study of the effectiveness of the current system of differential payments to children’s hospitals for health care services for dependent children of members of the uniformed services under the TRICARE program in achieving the objective of 

securing adequate health care services for such dependent children under that program. 

(2) A study of the effectiveness of the TRICARE program in 

achieving the objective of adequate access to high quality obstetrical care services for family members of members of the uniformed services. 

(b) ELEMENTS OF CHILDREN’S HOSPITALS STUDY.—The study 

required by subsection (a)(1) shall include the following: 

(1) A description of the current participation of children’s 

hospitals in the TRICARE program. 

(2) An assessment of the current system of payments to children’s hospitals under the TRICARE program, including differential payments to such hospitals for health care services described in subsection (a)(1), including an assessment of—

(A) the extent to which the calculation of such differential payments takes into account the complexity and extraordinary resources required for the provision of such 

health care services; 

(B) the extent to which TRICARE payment rates, including the children’s hospital differential, have kept pace 

with inflation in health care costs for children’s hospitals 

since the establishment of the differential in 1988; 

(C) the extent to which such differential payments provide appropriate compensation to such hospitals for the 

provision of such services; and 

(D) any obstacles or challenges to the development of 

future modifications to the system of differential payments. 

(3) An assessment of the adequacy of, including any barrier 

to, the access of dependent children described in subsection 

(a)(1) to specialized hospital services for their illnesses under 

the TRICARE program. 

(c) ELEMENTS OF OBSTETRICAL CARE SERVICES STUDY.—The 

study required by subsection (a)(2) shall include the following: 

(1) A description of the current participation of civilian providers of obstetrical care services in the TRICARE program. 


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(2) An assessment of the current system of payments for obstetrical care services, including an assessment of— (A) the extent to which the calculation of such payments takes into account the complexity and resources required; 

(B) the extent to which TRICARE payment rates have 

kept pace with inflation in health care costs; 

(C) the extent to which such payments provide appropriate compensation to providers of such services; and 

(D) obstacles or challenges to the development of future 

improvements to access to high quality obstetrical services, 

including referral patterns and inclusion of all necessary 

services within the maximum allowable charge. 

(3) An assessment of the adequacy of the access of military 

family members to needed obstetrical care services. 

(d) REPORT.—Not later than May 1, 2006, the Comptroller General shall submit to the Secretary of Defense and the congressional 

defense committees a report on the studies required by subsection 

(a), together with such recommendations, if any, as the Comptroller 

General considers appropriate for modifications of the current system of differential payments to children’s hospitals and payments 

for obstetrical care services in order to achieve the objectives described in that subsection. 

(e) TRANSMITTAL TO CONGRESS.— (1) IN GENERAL.—Not later than November 1, 2006, the 

Secretary of Defense shall transmit to the congressional defense 

committees the report submitted by the Comptroller General to 

the Secretary under subsection (d). 

(2) IMPLEMENTATION OF MODIFICATIONS.—If the report 

under paragraph (1) includes recommendations of the Comptroller General for modifications of the current system of differential payments to children’s hospitals or of payments for obstetrical care services, the Secretary shall transmit with the report— (A) a proposal for such legislative or administration 

action as may be required to implement such modifications; 

and 

(B) an assessment and estimate of the costs associated 

with the implementation of such modifications. 

(f) DEFINITIONS.—In this section: 

(1) DIFFERENTIAL PAYMENTS TO CHILDREN’S HOSPITALS.—

The term ‘‘differential payments to children’s hospitals’’ means 

the additional amounts paid to children’s hospitals under the 

TRICARE program for health care procedures for severely ill 

children in order to take into account the additional costs associated with such procedures for such children when compared 

with the costs associated with such procedures for adults and 

other children. 

(2) PAYMENTS FOR OBSTETRICAL CARE.—The term ‘‘payments for obstetrical care services’’ means the maximum allowable payment rates established by the Department of Defense 

under the TRICARE program for routine obstetrical care, including prenatal care, laboratory tests in accordance with accepted obstetrical practices standards, specialty care if needed, 

delivery, and post-partum maternal care. 


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(3) TRICARE PROGRAM.—The term ‘‘TRICARE program’’ has 

the meaning given that term in section 1072(7) of title 10, 

United States Code. 

SEC. 735. REPORT ON THE DEPARTMENT OF DEFENSE AHLTA GLOBAL 

ELECTRONIC HEALTH RECORD SYSTEM. 

(a) REPORT REQUIRED.—Not later than six months after the 

date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the Department of Defense AHLTA global electronic health record system. 

(b) REPORT ELEMENTS.—The report under subsection (a) shall 

include the following: 

(1) A chronology and description of previous efforts undertaken to develop an electronic medical records system capable 

of maintaining a two-way exchange of data between the Department of Defense and the Department of Veterans Affairs. 

(2) The plans as of the date of the report, including any 

projected commencement dates, for the implementation of the 

AHLTA global electronic health record system. 

(3) A description of the software and hardware being considered as of the date of the report for use in the AHLTA global 

electronic health record system. 

(4) A description of the management structure used in the 

development of the AHLTA global electronic health record system. 

(5) A description of the accountability measures utilized 

during the development of the AHLTA global electronic health 

record system in order to evaluate progress made in the development of that system. 

(6) The schedule for the remaining development of the 

AHLTA global electronic health record system. 

(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— (1) the Committees on Armed Services, Appropriations, Veterans’ Affairs, and Health, Education, Labor, and Pensions of 

the Senate; and 

(2) the Committees on Armed Services, Appropriations, Veterans’ Affairs, and Energy and Commerce of the House of Representatives. 

SEC. 736. COMPTROLLER GENERAL STUDY AND REPORT ON VACCINE 

HEALTHCARE CENTERS. 

(a) STUDY REQUIRED.—The Comptroller General shall conduct 

a study of the Vaccine Healthcare Centers operated by the Department of Defense in support of medical needs arising from mandatory military vaccinations. 

(b) ELEMENTS.—In conducting the study under subsection (a), 

the Comptroller General shall examine the following: 

(1) The mission of each Center. 

(2) The adequacy of resources available to support the mission of each Center and the source of those resources from within the Department of Defense. 

(3) The extent of participation and support of the Centers 

by each of the Armed Forces. 

(4) The effectiveness of the Centers in supporting the medical needs of members of the Armed Forces arising from mandatory military vaccinations. 


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(5) The effectiveness of the Centers in providing assistance 

to military and civilian healthcare providers based on outreach 

to and response to inquiries from providers. 

(6) The extent to which the Centers are conducting evaluations to identify and treat potential and actual health effects 

from vaccines. 

(7) The extent to which the Centers take advantage of and 

are linked to vaccine health resources outside the Department 

of Defense. 

(8) The extent to which the Centers are involved in outreach 

to military and civilian healthcare providers relating to vaccine 

safety, efficiency, and acceptability. 

(9) The extent to which similar activities conducted by the 

Centers are conducted in governmental or nongovernmental 

agencies outside the Department of Defense. 

(c) RECOMMENDATIONS.—The Comptroller General shall submit 

to Congress a report containing findings and recommendations not 

later than May 30, 2006, including recommendations on ways to 

improve the ability of the Department of Defense to understand and 

support medical needs arising from mandatory military vaccinations and the extent to which the Department of Defense requires the 

Vaccine Healthcare Centers to continue in their current configuration. 

SEC. 737. REPORT ON ADVERSE HEALTH EVENTS ASSOCIATED WITH 

USE OF ANTI-MALARIAL DRUGS. 

(a) STUDY REQUIRED.—The Secretary of Defense shall conduct 

a study of adverse health events that may be associated with use of 

anti-malarial drugs, including mefloquine. 

(b) MATTERS COVERED.—The study required by subsection (a) 

shall include a comparison of adverse health (including mental 

health) events that may be associated with different anti-malarial 

drugs, including mefloquine. 

(c) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study required by subsection (a). 

SEC. 738. REPORT ON RESERVE DENTAL INSURANCE PROGRAM. 

(a) STUDY.—The Secretary of Defense shall conduct a study of 

the Reserve dental insurance program. 

(b) ELEMENTS.—The study required by subsection (a) shall—

(1) identify the most effective mechanism or mechanisms for 

the payment of premiums under the Reserve dental insurance 

program for members of the reserve components of the Armed 

Forces and their dependents, including by deduction from reserve pay, by direct collection, or by other means (including appropriate mechanisms from other military benefits programs), 

to ensure uninterrupted availability of premium payments regardless of whether members are performing active duty with 

pay or inactive-duty training with pay; 

(2) include such matters relating to the Reserve dental insurance program as the Secretary considers appropriate; and 

(3) assess the effectiveness of mechanisms for informing the 

members of the reserve components of the Armed Forces of the 

availability of, and benefits under, the Reserve dental insurance 

program. 


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(c) REPORT.—Not later than February 1, 2007, the Secretary 

shall submit to the congressional defense committees a report on the 

study required by subsection (a). The report shall include the findings of the study and such recommendations for legislative or administrative action regarding the Reserve dental insurance program 

as the Secretary considers appropriate in light of the study. 

(d) RESERVE DENTAL INSURANCE PROGRAM DEFINED.—In this 

section, the term ‘‘Reserve dental insurance program’’ includes—

(1) the dental insurance plan required under paragraph (1) 

of section 1076a(a) of title 10, United States Code; and 

(2) any dental insurance plan established under paragraph 

(2) or (4) of section 1076a(a) of title 10, United States Code. 

SEC. 739. DEMONSTRATION PROJECT STUDY ON MEDICARE ADVANTAGE REGIONAL PREFERRED PROVIDER ORGANIZATION 

OPTION FOR TRICARE-MEDICARE DUAL-ELIGIBLE BENEFICIARIES. 

(a) STUDY ON DEMONSTRATION PROJECT.—

(1) REQUIREMENT.—The Secretary of Defense shall conduct 

a study to evaluate the feasibility and cost effectiveness of conducting a demonstration project under section 1092 of title 10, 

United States Code, to implement the provisions of section 

1097(d) of such title. The purpose of such a demonstration 

project would be to evaluate whether applying the managed 

care methods under the Medicare Advantage program under 

part C of title XVIII of the Social Security Act would improve 

the quality of care, realize cost savings to the Department of Defense, and improve beneficiary satisfaction for Department of 

Defense beneficiaries who also are entitled to health care under 

medicare. 

(2) ELEMENTS OF STUDY.—The study required by paragraph (1) shall include an analysis of the following: 

(A) The impact of the Medicare Advantage Regional 

Preferred Provider Organization model on medical utilization, pharmacy usage, and Department of Defense health 

care costs. 

(B) The full costs of the demonstration project. 

(C) The implementation and use of quality improvement and chronic care improvement programs for Department of Defense beneficiaries. 

(D) Beneficiary satisfaction. 

(E) The near term and long term effect on all existing 

Department of Defense contracts for health care support, including TRICARE managed care contracts, claims processing contracts, and pharmacy contracts. 

(F) A comparison of the costs and benefits of using existing Department of Defense contractors or new Department of Defense contractors who are qualified as the vehicle 

for conducting the demonstration. 

(b) PLAN.— (1) REQUIREMENT.—If the Secretary of Defense determines 

under subsection (a) that the demonstration project is feasible, 

cost effective, and in the best interests of the Department of Defense and eligible beneficiaries, the Secretary, in coordination 

with other administering Secretaries, shall develop a plan to 

carry out the demonstration project. 


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(2) ELEMENTS OF PLAN.— (A) HEALTH CARE BENEFITS.—In the plan, the Secretary of Defense shall prescribe the minimum health care 

benefits to be provided under the plan to eligible beneficiaries enrolled in the plan. Those benefits shall include 

at least all health care services covered under part A and 

part B of medicare and TRICARE for Life. 

(B) DEMONSTRATION SERVICE AREA.—In the plan, the 

Secretary shall provide for conducting the demonstration in 

at least two demonstration service areas. 

(C) ELIGIBILITY.—In the plan, the Secretary shall provide that any eligible beneficiary who meets the eligibility 

requirements for participation in the Medicare Advantage 

Regional Preferred Provider Organization plan who resides 

in the demonstration service area is eligible to enroll in the 

demonstration on a voluntary basis. 

(D) DURATION.—In the plan, the Secretary shall provide for conducting the demonstration for a period of time 

consistent with decisions made by the Department of Defense to exercise remaining option periods on the managed 

care support contract covering the area where the demonstration occurs. 

(E) EVALUATION OF THE DEMONSTRATION PROJECT.—

The plan shall include a plan to evaluate the costs and 

benefits of all elements of the demonstration project, including the elements described in subsection (a)(2) and, in addition, the financial mechanisms used in carrying out the 

demonstration project. 

(c) DEFINITIONS.—In this section: 

(1) ELIGIBLE BENEFICIARY.—The term ‘‘eligible beneficiary’’

means a person who is eligible for both TRICARE and medicare under section 1086(d)(2) of title 10, United States Code. 

(2) MEDICARE.—The term ‘‘medicare’’ means title XVIII of 

the Social Security Act (42 U.S.C. 1395 et seq.). 

(3) ADMINISTERING SECRETARIES.—The term ‘‘administering Secretaries’’ has the meaning provided by section 

1072(3) of title 10, United States Code. 

(d) REPORT.—Not later than April 1, 2006, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the study required 

under subsection (a), along with the plan under subsection (b) if applicable. 

SEC. 740. PILOT PROJECTS ON PEDIATRIC EARLY LITERACY AMONG 

CHILDREN OF MEMBERS OF THE ARMED FORCES. 

(a) PILOT PROJECTS AUTHORIZED.—The Secretary of Defense 

may conduct pilot projects to assess the feasibility, advisability, and 

utility of encouraging pediatric early literacy among the children of 

members of the Armed Forces. 

(b) LOCATIONS.—

(1) IN GENERAL.—The pilot projects conducted under subsection (a) shall be conducted at not more than 20 military 

medical treatment facilities designated by the Secretary for purposes of this section. 

(2) CO-LOCATION WITH CERTAIN INSTALLATIONS.—In designating military medical treatment facilities under paragraph 


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(1), the Secretary shall, to the extent practicable, designate facilities that are located on, or co-located with, military installations at which the mobilization or demobilization of members of 

the Armed Forces occurs. 

(c) ACTIVITIES.—Activities under the pilot projects conducted 

under subsection (a) shall the following: 

(1) The provision of training to health care providers and 

other appropriate personnel on early literacy promotion. 

(2) The purchase and distribution of children’s books to 

members of the Armed Forces, their spouses, and their children. 

(3) The modification of treatment facility and clinic waiting 

rooms to include a full selection of literature for children. 

(4) The dissemination to members of the Armed Forces and 

their spouses of parent education materials on pediatric early 

literacy. 

(5) Such other activities as the Secretary considers appropriate. 

(d) REPORT.— (1) IN GENERAL.—Not later than March 1, 2007, the Secretary shall submit to the Committee on Armed Services of the 

Senate and the Committee on Armed Services of the House of 

Representatives a report on the pilot projects conducted under 

this section. 

(2) ELEMENTS.—The report under paragraph (1) shall include— (A) a description of the pilot projects conducted under 

this section, including the location of each pilot project and 

the activities conducted under each pilot project; and 

(B) an assessment of the feasibility, advisability, and 

utility of encouraging pediatric early literacy among the 

children of members of the Armed Forces. 

Subtitle E—Other Matters 

SEC. 741. AUTHORITY TO RELOCATE PATIENT SAFETY CENTER; RENAMING MEDTEAMS PROGRAM. 

(a) REPEAL OF REQUIREMENT TO LOCATE THE DEPARTMENT OF

DEFENSE PATIENT SAFETY CENTER WITHIN THE ARMED FORCES IN- STITUTE OF PATHOLOGY.—Subsection (c)(3) of section 754 of the 

Floyd D. Spence National Defense Authorization Act for Fiscal Year 

2001 (as enacted by Public Law 106–398; 114 Stat. 1654–196) is 

amended by striking ‘‘within the Armed Forces Institute of Pathology’’. 

(b) RENAMING MEDTEAMS PROGRAM.—Subsection (d) of such 

section is amended by striking ‘‘MedTeams’’ in the heading and inserting ‘‘Medical Team Training’’. 

SEC. 742. MODIFICATION OF HEALTH CARE QUALITY INFORMATION 

AND TECHNOLOGY ENHANCEMENT REPORTING REQUIREMENT. 

Section 723(e) of the National Defense Authorization Act for 

Fiscal Year 2000 (Public Law 106–65; 113 Stat. 697) is amended 

by striking paragraphs (1) through (4) and inserting the following: ‘‘(1) Measures of the quality of health care furnished, including timeliness and accessibility of care. 

‘‘(2) Population health. 


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‘‘(3) Patient safety. 

‘‘(4) Patient satisfaction. 

‘‘(5) The extent of use of evidence-based health care practices. ‘‘(6) The effectiveness of biosurveillance in detecting an 

emerging epidemic.’’. 

SEC. 743. CORRECTION TO ELIGIBILITY OF CERTAIN RESERVE OFFICERS FOR MILITARY HEALTH CARE PENDING ACTIVE 

DUTY FOLLOWING COMMISSIONING. 

(a) CORRECTION.—Clause (iii) of section 1074(a)(2)(B) of title 

10, United States Code, is amended by inserting before the semicolon the following: ‘‘or the orders have been issued but the member 

has not entered active duty’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect as of November 24, 2003, and as if included in the 

enactment of paragraph (2) of section 1074(a) of title 10, United 

States Code, by section 708 of the National Defense Authorization 

Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1530). 

SEC. 744. PROHIBITION ON CONVERSIONS OF MILITARY MEDICAL AND 

DENTAL POSITIONS TO CIVILIAN MEDICAL POSITIONS 

UNTIL SUBMISSION OF CERTIFICATION. 

(a) PROHIBITION ON CONVERSIONS.— (1) SUBMISSION OF CERTIFICATION.—A Secretary of a military department may not convert any military medical or dental position to a civilian medical or dental position until the 

Secretary submits to the Committees on Armed Services of the 

Senate and the House of Representatives a certification that the 

conversions within that department will not increase cost or decrease quality of care or access to care. Such a certification may 

not be submitted before June 1, 2006. 

(2) REPORT WITH CERTIFICATION.—A Secretary submitting 

such a certification shall include with the certification a written 

report that includes—

(A) the methodology used by the Secretary in making 

the determinations necessary for the certification, including 

the extent to which the Secretary took into consideration the 

findings of the Comptroller General in the report under 

subsection (b)(3); 

(B) the results of a market survey in each affected area 

of the availability of civilian medical and dental care providers in such area in order to determine whether the civilian medical and dental care providers available in such 

area are adequate to fill the civilian positions created by 

the conversion of military medical and dental positions to 

civilian positions in such area; and 

(C) any action taken by the Secretary in response to 

recommendations in the Comptroller General report under 

subsection (b)(3). 

(b) REQUIREMENT FOR STUDY.—

(1) IN GENERAL.—The Comptroller General shall conduct a 

study on the effect of conversions of military medical and dental 

positions to civilian medical or dental positions on the defense 

health program. 

(2) MATTERS COVERED.—The study shall include the following: 


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(A) The number of military medical and dental positions, by grade and specialty, planned for conversion to civilian medical or dental positions. 

(B) The number of military medical and dental positions, by grade and specialty, converted to civilian medical 

or dental positions since October 1, 2004. 

(C) The ability of the military health care system to fill 

the civilian medical and dental positions required, by specialty. 

(D) The degree to which access to health care is affected in both the direct and purchased care system, including an assessment of the effects of any increased shifts in 

patient load from the direct care to the purchased care system, or any delays in receipt of care in either the direct or 

purchased care system because of lack of direct care providers. 

(E) The degree to which changes in military manpower 

requirements affect recruiting and retention of uniformed 

medical and dental personnel. 

(F) The degree to which conversion of the military positions meets the joint medical and dental readiness requirements of the uniformed services, as determined jointly by 

all the uniformed services. 

(G) The effect of the conversions of military medical positions to civilian medical and dental positions on the defense health program, including costs associated with the 

conversions, with a comparison of the estimated costs 

versus the actual costs incurred by the number of conversions since October 1, 2004. 

(H) The effectiveness of the conversions in enhancing 

medical and dental readiness, health care efficiency, productivity, quality, and customer satisfaction. 

(3) REPORT ON STUDY.—Not later than May 1, 2006, the 

Comptroller General shall submit to the Committees on Armed 

Services of the Senate and House of Representatives a report 

containing the results of the study under this section. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘military medical or dental position’’ means a 

position for the performance of health care functions within the 

Armed Forces held by a member of the Armed Forces. 

(2) The term ‘‘civilian medical or dental position’’ means a 

position for the performance of health care functions within the 

Department of Defense held by an employee of the Department 

or of a contractor of the Department. 

(3) The term ‘‘affected area’’ means an area in which military medical or dental positions were converted to civilian medical or dental positions before October 1, 2004, or in which such 

conversions are scheduled to occur in the future. 

(4) The term ‘‘uniformed services’’ has the meaning given 

that term in section 1072(1) of title 10, United States Code. 

SEC. 745. CLARIFICATION OF INCLUSION OF DENTAL CARE IN MEDICAL READINESS TRACKING AND HEALTH SURVEILLANCE 

PROGRAM. 

(a) INCLUSION OF DENTAL CARE.—Subtitle D of title VII of the 

Ronald W. Reagan National Defense Authorization Act for Fiscal 


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Year 2005 (Public Law 108–375; 10 U.S.C. 1074 note) is amended 

by adding at the end the following new section: 

‘‘SEC. 740. INCLUSION OF DENTAL CARE. 

‘‘For purposes of the plan, this subtitle, and the amendments 

made by this subtitle, references to medical readiness, health status, 

and health care shall be considered to include dental readiness, 

dental status, and dental care.’’. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of title VII of such Act and in section 2(b) of such Act are each 

amended by inserting after the item relating to section 739 the following: 

‘‘Sec. 740. Inclusion of dental care.’’. 

SEC. 746. COOPERATIVE OUTREACH TO MEMBERS AND FORMER MEMBERS OF THE NAVAL SERVICE EXPOSED TO ENVIRONMENTAL FACTORS RELATED TO SARCOIDOSIS. 

(a) OUTREACH PROGRAM REQUIRED.—The Secretary of the 

Navy, in coordination with the Secretary of Veterans Affairs, shall 

conduct an outreach program intended to contact as many members 

and former members of the naval service as possible who, in connection with service aboard Navy ships, may have been exposed to aerosolized particles resulting from the removal of nonskid coating used 

on those ships. 

(b) PURPOSES OF OUTREACH PROGRAM.—The purposes of the 

outreach program are as follows: 

(1) To develop additional data for use in subsequent studies 

aimed at determining a causative link between sarcoidosis and 

military service. 

(2) To inform members and former members identified in 

subsection (a) of the findings of Navy studies identifying an association between service aboard certain naval ships and sarcoidosis. 

(3) To provide information to assist members and former 

members identified in subsection (a) in getting medical evaluations to help clarify linkages between their disease and their 

service aboard Navy ships. 

(4) To provide the Department of Veterans Affairs with 

data and information for the effective evaluation of veterans 

who may seek care for sarcoidosis. 

(c) IMPLEMENTATION AND REPORT.—Not later than six months 

after the date of the enactment of this Act, the Secretary of the Navy 

shall begin the outreach program. Not later than one year after beginning the program, the Secretary shall provide to the Committees 

on Armed Services of the Senate and the House of Representatives 

and the Committees on Veterans Affairs of the Senate and House of 

Representatives a report on the results of the outreach program. 

SEC. 747. REPEAL OF REQUIREMENT FOR COMPTROLLER GENERAL REVIEWS OF CERTAIN DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS PROJECTS ON SHARING OF 

HEALTH CARE RESOURCES. 

(a) JOINT INCENTIVES PROGRAM.—Section 8111(d) of title 38, 

United States Code, is amended—

(1) by striking paragraph (3); and 

(2) by redesignating paragraph (4) as paragraph (3). 

(b) HEALTH CARE RESOURCES SHARING AND COORDINATION

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ization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 

2595; 38 U.S.C. 8111 note) is amended— (1) by striking subsection (h); 

(2) by redesignating subsection (i) as subsection (h); and 

(3) in paragraph (2) of subsection (h), as so redesignated, 

by striking ‘‘based on recommendations’’ and all that follows 

and inserting ‘‘as determined by the Secretaries based on information available to the Secretaries to warrant such action.’’. 

SEC. 748. PANDEMIC AVIAN FLU PREPAREDNESS. 

(a) REPORT.—The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the efforts within the Department of Defense 

to prepare for pandemic influenza, including pandemic avian influenza. The Secretary shall address the following, with respect to 

military personnel, dependents of military personnel on military installations, and civilian personnel within the Department of Defense: 

(1) The procurement of vaccines, antivirals, and other 

medicines, and medical supplies, including personal protective 

equipment, particularly those that must be imported. 

(2) Protocols for the allocation and distribution of vaccines 

and medicines among high priority personnel. 

(3) Public health protection and containment measures that 

may be implemented on military bases and other facilities, including risk communication, quarantine, travel restrictions, 

and other isolation precautions. 

(4) Communication with Department of Defense-affiliated 

health providers about pandemic preparedness and response. 

(5) Surge capacity for the provision of medical care during 

pandemics. 

(6) The availability and delivery of food and basic supplies 

and services. 

(7) Surveillance efforts domestically and internationally, 

including those using the Global Emerging Infections Systems 

(GEIS), and how such efforts are integrated with other ongoing 

surveillance systems. 

(8) The integration of pandemic and response planning in 

the Department of Defense with the planning of other Federal 

departments, including the Department of Health and Human 

Services, the Department of Homeland Security, the Department 

of Veterans Affairs, the Department of State, and USAID. 

(9) Collaboration (as appropriate) with international entities engaged in pandemic preparedness and response. 

(10) Acceleration of medical research and development related to pandemic influenza. 

(b) SUBMISSION OF REPORT.—The report required under subsection (a) shall be submitted not later than 120 days after the date 

of the enactment of this Act. 

SEC. 749. FOLLOW UP ASSISTANCE FOR MEMBERS OF THE ARMED 

FORCES AFTER PRESEPARATION PHYSICAL EXAMINATIONS. 

Section 1145(a) of title 10, United States Code, is amended by 

adding at the end the following new paragraph: ‘‘(5)(A) The Secretary of Defense shall, in consultation with the 

Secretary of Veterans Affairs, ensure that appropriate actions are 


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taken to assist a member of the armed forces who, as a result of a 

medical examination under paragraph (4), receives an indication for 

a referral for follow up treatment from the health care provider who 

performs the examination. ‘‘(B) Assistance provided to a member under paragraph (1) 

shall include the following: ‘‘(i) Information regarding, and any appropriate referral 

for, the care, treatment, and other services that the Secretary of 

Veterans Affairs may provide to such member under any other 

provision of law, including— ‘‘(I) clinical services, including counseling and treatment for post-traumatic stress disorder and other mental 

health conditions; and ‘‘(II) any other care, treatment, and services. ‘‘(ii) Information on the private sector sources of treatment 

that are available to the member in the member’s community. ‘‘(iii) Assistance to enroll in the health care system of the 

Department of Veterans Affairs for health care benefits for 

which the member is eligible under laws administered by the 

Secretary of Veterans Affairs.’’. 

SEC. 750. POLICY ON ROLE OF MILITARY MEDICAL AND BEHAVIORAL 

SCIENCE PERSONNEL IN INTERROGATION OF DETAINEES. 

(a) POLICY REQUIRED.—The Secretary of Defense shall establish 

the policy of the Department of Defense on the role of military medical and behavioral science personnel in the interrogation of persons 

detained by the Armed Forces. The policy shall apply uniformly 

throughout the Armed Forces. 

(b) REPORT.—Not later than March 1, 2006, the Secretary shall 

submit to the congressional defense committees a report on the policy established under subsection (a). The report shall set forth the 

policy, and shall include such additional matters on the policy as 

the Secretary considers appropriate. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS 

Subtitle A—Provisions Relating to Major Defense Acquisition Programs 

Sec. 801. Requirement for certification before major defense acquisition program 

may proceed to Milestone B. 

Sec. 802. Requirements applicable to major defense acquisition programs exceeding 

baseline costs. 

Sec. 803. Requirement for determination by Secretary of Defense and notification to 

Congress before procurement of major weapon systems as commercial 

items. 

Sec. 804. Reports on significant increases in program acquisition unit costs or procurement unit costs of major defense acquisition programs. 

Sec. 805. Report on use of lead system integrators in the acquisition of major systems. 

Sec. 806. Congressional notification of cancellation of major automated information 

systems. 

Subtitle B—Acquisition Policy and Management 

Sec. 811. Internal controls for procurements on behalf of the Department of Defense. 

Sec. 812. Management structure for the procurement of contract services. 

Sec. 813. Report on service surcharges for purchases made for military departments 

through other Department of Defense agencies. 


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Sec. 814. Review of defense acquisition structures and capabilities. 

Sec. 815. Modification of requirements applicable to contracts authorized by law for 

certain military materiel. 

Sec. 816. Guidance on use of tiered evaluations of offers for contracts and task orders under contracts. 

Sec. 817. Joint policy on contingency contracting. 

Sec. 818. Acquisition strategy for commercial satellite communication services. 

Sec. 819. Authorization of evaluation factor for defense contractors employing or 

subcontracting with members of the Selected Reserve of the reserve components of the Armed Forces. 

Subtitle C—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 821. Participation by Department of Defense in acquisition workforce training 

fund. 

Sec. 822. Increase in cost accounting standard threshold. 

Sec. 823. Modification of authority to carry out certain prototype projects. 

Sec. 824. Increased limit applicable to assistance provided under certain procurement technical assistance programs. 

Subtitle D—United States Defense Industrial Base Provisions 

Sec. 831. Clarification of exception from Buy American requirements for procurement of perishable food for establishments outside the United States. 

Sec. 832. Training for defense acquisition workforce on the requirements of the 

Berry Amendment. 

Sec. 833. Amendments to domestic source requirements relating to clothing materials and components covered. 

Subtitle E—Other Matters 

Sec. 841. Review and report on Department of Defense efforts to identify contract 

fraud, waste, and abuse. 

Sec. 842. Extension of contract goal for small disadvantaged businesses and certain 

institutions of higher education. 

Sec. 843. Extension of deadline for report of advisory panel on laws and regulations 

on acquisition practices. 

Sec. 844. Exclusion of certain security expenses from consideration for purpose of 

small business size standards. 

Sec. 845. Disaster relief for small business concerns damaged by drought. 

Sec. 846. Extension of limited acquisition authority for the commander of the United 

States Joint Forces Command. 

Sec. 847. Civilian Board of Contract Appeals. 

Sec. 848. Statement of policy and report relating to contracting with employers of 

persons with disabilities. 

Sec. 849. Study on Department of Defense contracting with small business concerns 

owned and controlled by service-disabled veterans. 

Subtitle A—Provisions Relating to Major 

Defense Acquisition Programs 

SEC. 801. REQUIREMENT FOR CERTIFICATION BEFORE MAJOR DEFENSE ACQUISITION PROGRAM MAY PROCEED TO MILESTONE B. 

(a) CERTIFICATION REQUIREMENT.—Chapter 139 of title 10, 

United States Code, is amended by inserting after section 2366 the 

following new section: 

‘‘§ 2366a. Major defense acquisition programs: certification 

required before Milestone B or Key Decision Point B 

approval 

‘‘(a) CERTIFICATION.—A major defense acquisition program may 

not receive Milestone B approval, or Key Decision Point B approval 

in the case of a space program, until the milestone decision authority certifies that—


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‘‘(1) the technology in the program has been demonstrated 

in a relevant environment; 

‘‘(2) the program demonstrates a high likelihood of accomplishing its intended mission; 

‘‘(3) the program is affordable when considering the per 

unit cost and the total acquisition cost in the context of the total 

resources available during the period covered by the futureyears defense program submitted during the fiscal year in 

which the certification is made; 

‘‘(4) the Department of Defense has completed an analysis 

of alternatives with respect to the program; 

‘‘(5) the program is affordable when considering the ability 

of the Department of Defense to accomplish the program’s mission using alternative systems; 

‘‘(6) the Joint Requirements Oversight Council has accomplished its duties with respect to the program pursuant to section 181(b) of this title, including an analysis of the operational 

requirements for the program; and 

‘‘(7) the program complies with all relevant policies, regulations, and directives of the Department of Defense. 

‘‘(b) SUBMISSION TO CONGRESS.—The certification required 

under subsection (a) with respect to a major defense acquisition program shall be submitted to the congressional defense committees 

with the first Selected Acquisition Report submitted under section 

2432 of this title after completion of the certification. 

‘‘(c) WAIVER FOR NATIONAL SECURITY.—The milestone decision 

authority may waive the applicability to a major defense acquisition 

program of one or more components (as specified in paragraph (1), 

(2), (3), (4), (5), or (6) of subsection (a)) of the certification requirement if the milestone decision authority determines that, but for 

such a waiver, the Department would be unable to meet critical national security objectives. Whenever the milestone decision authority 

makes such a determination and authorizes such a waiver, the 

waiver, the determination, and the reasons for the determination 

shall be submitted in writing to the congressional defense committees within 30 days after the waiver is authorized. 

‘‘(d) NONDELEGATION.—The milestone decision authority may 

not delegate the certification requirement under subsection (a) or the 

authority to waive any component of such requirement under subsection (c). 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) The term ‘major defense acquisition program’ means a 

Department of Defense acquisition program that is a major defense acquisition program for purposes of section 2430 of this 

title. 

‘‘(2) The term ‘milestone decision authority’, with respect to 

a major defense acquisition program, means the individual 

within the Department of Defense designated with overall responsibility for the program. 

‘‘(3) The term ‘Milestone B approval’ has the meaning provided that term in section 2366(e)(7) of this title. 

‘‘(4) The term ‘Key Decision Point B’ means the official program initiation of a National Security Space program of the 

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mine maturity of technology and the program’s readiness to 

begin the preliminary system design.’’. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 2366 the following new item: 

‘‘2366a. Major defense acquisition programs: certification required before Milestone 

B approval or Key Decision Point B approval.’’. 

SEC. 802. REQUIREMENTS APPLICABLE TO MAJOR DEFENSE ACQUISITION PROGRAMS EXCEEDING BASELINE COSTS. 

(a) SPECIFICATION OF SIGNIFICANT COST GROWTH THRESHOLD

AND CRITICAL COST GROWTH THRESHOLD.—Subsection (a) of section 

2433 of title 10, United States Code, is amended by adding at the 

end the following new paragraphs: ‘‘(4) The term ‘significant cost growth threshold’ means the 

following: ‘‘(A) In the case of a major defense acquisition program, a percentage increase in the program acquisition 

unit cost for the program of— ‘‘(i) at least 15 percent over the program acquisition unit cost for the program as shown in the current 

Baseline Estimate for the program; or ‘‘(ii) at least 30 percent over the program acquisition unit cost for the program as shown in the original 

Baseline Estimate for the program. 

‘‘(B) In the case of a major defense acquisition program 

that is a procurement program, a percentage increase in the 

procurement unit cost for the program of—

‘‘(i) at least 15 percent over the procurement unit 

cost for the program as shown in the current Baseline 

Estimate for the program; or 

‘‘(ii) at least 30 percent over the procurement unit 

cost for the program as shown in the original Baseline 

Estimate for the program. ‘‘(5) The term ‘critical cost growth threshold’ means the following: ‘‘(A) In the case of a major defense acquisition program, a percentage increase in the program acquisition 

unit cost for the program of— ‘‘(i) at least 25 percent over the program acquisition unit cost for the program as shown in the current 

Baseline Estimate for the program; or ‘‘(ii) at least 50 percent over the program acquisition unit cost for the program as shown in the original 

Baseline Estimate for the program. 

‘‘(B) In the case of a major defense acquisition program 

that is a procurement program, a percentage increase in the 

procurement unit cost for the program of— ‘‘(i) at least 25 percent over the procurement unit 

cost for the program as shown in the current Baseline 

Estimate for the program; or ‘‘(ii) at least 50 percent over the procurement unit 

cost for the program as shown in the original Baseline 

Estimate for the program.’’. (b) INCORPORATION OF THRESHOLDS INTO UNIT COST REPORT

AND RELATED REQUIREMENTS.—


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(1) UNIT COST REPORT REQUIREMENTS.—Subsection (c) of 

such section is amended by striking ‘‘cause to believe—’’ and all 

that follows through ‘‘reflected in the Baseline Estimate;’’ and 

inserting ‘‘cause to believe that the program acquisition unit 

cost for the program or the procurement unit cost for the program, as applicable, has increased by a percentage equal to or 

greater than the significant cost growth threshold for the program;’’. (2) DETERMINATIONS OF SERVICE ACQUISITION EXECU- TIVES.—Subsection (d) of such section is amended— (A) in paragraph (1), by striking ‘‘by at least 15 percent, or by at least 25 percent, over the program acquisition 

unit cost for the program as shown in the Baseline Estimate’’ and inserting ‘‘by a percentage equal to or greater 

than the significant cost growth threshold, or the critical 

cost growth threshold, for the program’’; 

(B) in paragraph (2), by striking ‘‘by at least 15 percent, or by at least 25 percent, over the procurement unit 

cost for the program as reflected in the Baseline Estimate’’ and inserting ‘‘by a percentage equal to or greater than the 

significant cost growth threshold, or the critical cost growth 

threshold, for the program’’; and 

(C) in paragraph (3)— (i) by striking ‘‘by at least 15 percent, or by at least 

25 percent, as determined under paragraph (1)’’ and 

inserting ‘‘by a percentage equal to or greater than the 

significant cost growth threshold or critical cost growth 

threshold’’; and 

(ii) by striking ‘‘by at least 15 percent, or by at 

least 25 percent, as determined under paragraph (2)’’ and inserting ‘‘by a percentage equal to or greater than 

the significant cost growth threshold or critical cost 

growth threshold’’. (3) SERVICE ACQUISITION REPORTS.—Subsection (e) of such 

section is amended—

(A) in paragraph (1)(A), by striking ‘‘by at least 15 percent’’ and inserting ‘‘by a percentage equal to or greater 

than the significant cost growth threshold for the program’’; 

(B) in paragraph (2)—

(i) by striking ‘‘percentage increase in the’’; and 

(ii) by striking ‘‘exceeds 25 percent’’ and inserting 

‘‘increases by a percentage equal to or greater than the 

critical cost growth threshold for the program’’; and 

(C) in paragraph (3)—

(i) by striking ‘‘of at least 15 percent’’ both places 

it appears and inserting ‘‘by a percentage equal to or 

greater than the significant cost growth threshold’’; and 

(ii) by striking ‘‘of at least 25 percent’’ both places 

it appears and inserting ‘‘by a percentage equal to or 

greater than the critical cost growth threshold’’. 

(c) ADDITIONAL REQUIREMENTS RELATING TO CERTAIN UNIT

COST INCREASES.—Paragraph (2) of subsection (e) of such section is 

further amended— (1) by redesignating subparagraph (B) as subparagraph 

(C); and 


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(2) by striking ‘‘the Secretary of Defense’’ and all that follows through ‘‘a written certification, stating that—’’ and inserting ‘‘the Secretary of Defense shall—

‘‘(A) carry out an assessment of—

‘‘(i) the projected cost of completing the program if current requirements are not modified; 

‘‘(ii) the projected cost of completing the program based 

on reasonable modification of such requirements; and 

‘‘(iii) the rough order of magnitude of the costs of any 

reasonable alternative system or capability; 

‘‘(B) submit to Congress, before the end of the 60-day period 

beginning on the day the Selected Acquisition Report containing 

the information described in subsection (g) is required to be 

submitted under section 2432(f) of this title, a written certification (with a supporting explanation) stating that—’’. 

(d) ORIGINAL BASELINE ESTIMATE.—

(1) IN GENERAL.—Section 2435 of title 10, United States 

Code, is amended—

(A) by redesignating subsection (d) as subsection (e); 

and 

(B) by inserting after subsection (c) the following new 

subsection (d): 

‘‘(d) ORIGINAL BASELINE ESTIMATE.—(1) In this chapter, the 

term ‘original Baseline Estimate’, with respect to a major defense 

acquisition program, means the baseline description established 

with respect to the program under subsection (a), without adjustment or revision (except as provided in paragraph (2)). 

‘‘(2) An adjustment or revision of the original baseline description of a major defense acquisition program may be treated as the 

original Baseline Estimate for the program for purposes of this 

chapter only if the percentage increase in the program acquisition 

unit cost or procurement unit cost under such adjustment or revision exceeds the critical cost growth threshold for the program 

under section 2433 of this title, as determined by the Secretary of 

the military department concerned under subsection (d) of such section. 

‘‘(3) In the event of an adjustment or revision of the original 

baseline description of a major defense acquisition program, the 

Secretary of Defense shall include in the next Selected Acquisition 

Report to be submitted under section 2432 of this title after such adjustment or revision a notification to the congressional defense committees of such adjustment or revision, together with the reasons for 

such adjustment or revision.’’. 

(2) CONFORMING AMENDMENT.—Section 2433(a) of such 

title, as amended by subsection (a) of this section, is further 

amended by adding at the end the following new paragraph: 

‘‘(6) The term ‘original Baseline Estimate’ has the same 

meaning as provided in section 2435(d) of this title.’’. 

(e) EFFECTIVE DATE.—

(1) IN GENERAL.—The amendments made by this section 

shall take effect on the date of the enactment of this Act, and 

shall apply with respect to any major defense acquisition program for which an original Baseline Estimate is first established before, on, or after that date. 


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(2) APPLICABILITY TO CURRENT MAJOR DEFENSE ACQUISITION PROGRAMS.—In the case of a major defense acquisition 

program for which the program acquisition unit cost or procurement unit cost, as applicable, exceeds the original Baseline 

Estimate for the program by more than 50 percent on the date 

of the enactment of this Act—

(A) the current Baseline Estimate for the program as of 

such date of enactment is deemed to be the original Baseline Estimate for the program for purposes of section 2433 

of title 10, United States Code (as amended by this section); 

and 

(B) each Selected Acquisition Report submitted on the 

program after the date of the enactment of this Act shall reflect each of the following: 

(i) The original Baseline Estimate, as first established for the program, without adjustment or revision. 

(ii) The Baseline Estimate for the program that is 

deemed to be the original Baseline Estimate for the 

program under subparagraph (A). 

(iii) The current original Baseline Estimate for the 

program as adjusted or revised, if at all, in accordance 

with subsection (d)(2) of section 2435 of title 10, United 

States Code (as added by subsection (d) of this section). 

SEC. 803. REQUIREMENT FOR DETERMINATION BY SECRETARY OF DEFENSE AND NOTIFICATION TO CONGRESS BEFORE PROCUREMENT OF MAJOR WEAPON SYSTEMS AS COMMERCIAL 

ITEMS. 

(a) REQUIREMENT FOR DETERMINATION AND NOTIFICATION.—

(1) IN GENERAL.—Chapter 140 of title 10, United States 

Code, is amended by adding at the end the following new section: 

‘‘§ 2379. Requirement for determination by Secretary of Defense and notification to Congress before procurement of major weapon systems as commercial items 

‘‘(a) REQUIREMENT FOR DETERMINATION AND NOTIFICATION.—A 

major weapon system of the Department of Defense may be treated 

as a commercial item, or purchased under procedures established 

for the procurement of commercial items, only if—

‘‘(1) the Secretary of Defense determines that—

‘‘(A) the major weapon system is a commercial item, as 

defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)); and 

‘‘(B) such treatment is necessary to meet national security objectives; and 

‘‘(2) the congressional defense committees are notified at 

least 30 days before such treatment or purchase occurs. 

‘‘(b) TREATMENT OF SUBSYSTEMS AND COMPONENTS AS COMMERCIAL ITEMS.—A subsystem or component of a major weapon system shall be treated as a commercial item and purchased under 

procedures established for the procurement of commercial items if 

such subsystem or component otherwise meets the requirements 

(other than requirements under subsection (a)) for treatment as a 

commercial item. 


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‘‘(c) DELEGATION.—The authority of the Secretary of Defense to 

make a determination under subsection (a) may be delegated only 

to the Deputy Secretary of Defense, without further redelegation. ‘‘(d) MAJOR WEAPON SYSTEM DEFINED.—In this section, the 

term ‘major weapon system’ means a weapon system acquired pursuant to a major defense acquisition program (as that term is defined in section 2430 of this title).’’. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 140 of such title is amended by adding at 

the end the following new item: 

‘‘2379. Requirement for determination by Secretary of Defense and notification to 

Congress before procurement of major weapon systems as commercial 

items.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection (a) 

shall take effect on the date of the enactment of this Act, and shall 

apply to contracts entered into on or after such date. 

SEC. 804. REPORTS ON SIGNIFICANT INCREASES IN PROGRAM ACQUISITION UNIT COSTS OR PROCUREMENT UNIT COSTS OF 

MAJOR DEFENSE ACQUISITION PROGRAMS. 

(a) INITIAL REPORT REQUIRED.—Not later than one year after 

the date of the enactment of this Act, the Secretary of Defense shall 

submit to the congressional defense committees a report on the acquisition status of each major defense acquisition program whose 

program acquisition unit cost or procurement unit cost, as of the 

date of the enactment of this Act, has exceeded by more than 50 percent the original baseline projection for such unit cost. The report 

shall include the information specified in subsection (b). 

(b) INFORMATION.—The information specified in this subsection 

with respect to a major defense acquisition program is the following: 

(1) An assessment of the costs to be incurred to complete the 

program if the program is not modified. 

(2) An explanation of why the costs of the program have increased. 

(3) A justification for the continuation of the program notwithstanding the increase in costs. 

(c) MAJOR DEFENSE ACQUISITION PROGRAM DEFINED.—In this 

section, the term ‘‘major defense acquisition program’’ has the meaning given that term in section 2430 of title 10, United States Code. 

SEC. 805. REPORT ON USE OF LEAD SYSTEM INTEGRATORS IN THE ACQUISITION OF MAJOR SYSTEMS. 

(a) REPORT REQUIRED.—Not later than September 30, 2006, the 

Secretary of Defense shall submit to the congressional defense committees a report on the use of lead system integrators for the acquisition by the Department of Defense of major systems. 

(b) CONTENTS.—The report required by subsection (a) shall include a detailed description of the actions taken, or to be taken (including a specific timetable), and the current regulations and guidelines regarding—

(1) the definition of the respective rights of the Department 

of Defense, lead system integrators, and other contractors that 

participate in the development or production of any individual 

element of a major weapon system (including subcontractors 

under lead system integrators) in intellectual property that is 

developed by the other participating contractors in a manner 

that ensures that—


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(A) the Department of Defense obtains appropriate 

rights in technical data developed by the other participating contractors in accordance with the requirements of 

section 2320 of title 10, United States Code; and 

(B) lead system integrators obtain access to technical 

data developed by the other participating contractors only 

to the extent necessary to execute their contractual obligations as lead systems integrators; 

(2) the prevention or mitigation of organizational conflicts 

of interest on the part of lead system integrators; 

(3) minimization of the performance by lead system integrators of functions closely associated with inherently governmental functions; 

(4) the appropriate use of competitive procedures in the 

award of subcontracts by lead system integrators with system 

responsibility; 

(5) the prevention of organizational conflicts of interest 

arising out of any financial interest of lead system integrators 

without system responsibility in the development or production 

of individual elements of a major weapon system; and 

(6) the prevention of pass-through charges by lead system 

integrators with system responsibility on systems or subsystems 

developed or produced under subcontracts where such lead system integrators do not provide significant value added with regard to such systems or subsystems. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘lead system integrator’’ includes lead system 

integrators with system responsibility and lead system integrators without system responsibility. 

(2) The term ‘‘lead system integrator with system responsibility’’ means a prime contractor for the development or production of a major system if the prime contractor is not expected 

at the time of award, as determined by the Secretary of Defense 

for purposes of this section, to perform a substantial portion of 

the work on the system and the major subsystems. 

(3) The term ‘‘lead system integrator without system responsibility’’ means a contractor under a contract for the procurement of services whose primary purpose is to perform acquisition functions closely associated with inherently governmental 

functions with regard to the development or production of a 

major system. 

(4) The term ‘‘major system’’ has the meaning given such 

term in section 2302d of title 10, United States Code. 

(5) The term ‘‘pass-through charge’’ means a charge for 

overhead or profit on work performed by a lower-tier contractor 

(other than charges for the direct costs of managing lower-tier 

contracts and overhead and profit based on such direct costs) 

that does not, as determined by the Secretary for purposes of 

this section, promote significant value added with regard to 

such work. 

(6) The term ‘‘functions closely associated with inherently 

governmental functions’’ has the meaning given such term in 

section 2383(b)(3) of title 10, United States Code. 


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SEC. 806. CONGRESSIONAL NOTIFICATION OF CANCELLATION OF 

MAJOR AUTOMATED INFORMATION SYSTEMS. 

(a) REPORT REQUIRED.—The Secretary of Defense shall notify 

the congressional defense committees not less than 60 days before 

cancelling a major automated information system program that has 

been fielded or approved to be fielded, or making a change that will 

significantly reduce the scope of such a program, of the proposed 

cancellation or change. 

(b) CONTENT.—Each notification submitted under subsection (a) 

with respect to a proposed cancellation or change shall include—

(1) the specific justification for the proposed cancellation or 

change; 

(2) a description of the impact of the proposed cancellation 

or change on the ability of the Department to achieve the objectives of the program proposed for cancellation or change; 

(3) a description of the steps that the Department plans to 

take to achieve those objectives; and 

(4) other information relevant to the change in acquisition 

strategy. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘major automated information system’’ has the 

meaning given that term in Department of Defense directive 

5000.1. 

(2) The term ‘‘approved to be fielded’’ means having received Milestone C approval. 

Subtitle B—Acquisition Policy and 

Management 

SEC. 811. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF 

THE DEPARTMENT OF DEFENSE. 

(a) INSPECTOR GENERAL REVIEWS AND DETERMINATIONS.—

(1) IN GENERAL.—For each covered non-defense agency, the 

Inspector General of the Department of Defense and the Inspector General of such non-defense agency shall, not later than 

March 15, 2006, jointly—

(A) review—

(i) the procurement policies, procedures, and internal controls of such non-defense agency that are applicable to the procurement of property and services on behalf of the Department by such non-defense agency; 

and 

(ii) the administration of those policies, procedures, 

and internal controls; and 

(B) determine in writing whether—

(i) such non-defense agency is compliant with defense procurement requirements; 

(ii) such non-defense agency is not compliant with 

defense procurement requirements, but has a program 

or initiative to significantly improve compliance with 

defense procurement requirements; or 

(iii) neither of the conclusions stated in clauses (i) 

and (ii) is correct in the case of such non-defense agency. 


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(2) ACTIONS FOLLOWING CERTAIN DETERMINATIONS.—If the 

Inspectors General determine under paragraph (1) that the conclusion stated in clause (ii) or (iii) of subparagraph (B) of that 

paragraph is correct in the case of a covered non-defense agency, such Inspectors General shall, not later than June 15, 2007, 

jointly—(A) conduct a second review, as described in subparagraph (A) of that paragraph, regarding such non-defense 

agency’s procurement of property or services on behalf of 

the Department of Defense in fiscal year 2006; and 

(B) determine in writing whether such non-defense 

agency is or is not compliant with defense procurement requirements. 

(b) COMPLIANCE WITH DEFENSE PROCUREMENT REQUIREMENTS.—For the purposes of this section, a covered non-defense 

agency is compliant with defense procurement requirements if such 

non-defense agency’s procurement policies, procedures, and internal 

controls applicable to the procurement of products and services on 

behalf of the Department of Defense, and the manner in which they 

are administered, are adequate to ensure such non-defense agency’s 

compliance with the requirements of laws and regulations that 

apply to procurements of property and services made directly by the 

Department of Defense. 

(c) MEMORANDA OF UNDERSTANDING BETWEEN INSPECTORS

GENERAL.—

(1) IN GENERAL.—Not later than 60 days after the date of 

the enactment of this Act, the Inspector General of the Department of Defense and the Inspector General of each covered nondefense agency shall enter into a memorandum of understanding with each other to carry out the reviews and make the 

determinations required by this section. 

(2) SCOPE OF MEMORANDA.—The Inspector General of the 

Department of Defense and the Inspector General of a covered 

non-defense agency may by mutual agreement conduct separate 

reviews of the procurement of property and services on behalf of 

the Department of Defense that are conducted by separate business units, or under separate governmentwide acquisition contracts, of such non-defense agency. In any case where such separate reviews are conducted, the Inspectors General shall make 

separate determinations under paragraph (1) or (2) of subsection (a), as applicable, with respect to each such separate review. 

(d) LIMITATIONS ON PROCUREMENTS ON BEHALF OF DEPARTMENT OF DEFENSE.—

(1) LIMITATION DURING REVIEW PERIOD.—After March 15, 

2006, and before June 16, 2007, no official of the Department 

of Defense may, except as provided in subsection (e) or (f), order, 

purchase, or otherwise procure property or services in an 

amount in excess of $100,000 through a covered non-defense 

agency for which a determination described in paragraph 

(1)(B)(iii) of subsection (a) has been made under that subsection. 

(2) LIMITATION AFTER REVIEW PERIOD.—After June 15, 

2007, no official of the Department of Defense may, except as 

provided in subsection (e) or (f), order, purchase, or otherwise 


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procure property or services in an amount in excess of $100,000 

through a covered non-defense agency that, having been subject 

to review under this section, has not been determined under this 

section as being compliant with defense procurement requirements. 

(3) LIMITATION FOLLOWING FAILURE TO REACH MOU.—Commencing on the date that is 60 days after the date of the enactment of this Act, if a memorandum of understanding between 

the Inspector General of the Department of Defense and the Inspector General of a covered non-defense agency cannot be attained causing the review required by this section to not be performed, no official of the Department of Defense, except as provided in subsection (e) or (f), may order, purchase or otherwise 

procure property or services in an amount in excess of $100,000 

through such non-defense agency. 

(e) EXCEPTION FROM APPLICABILITY OF LIMITATIONS.—

(1) EXCEPTION.—No limitation applies under subsection (d) 

with respect to the procurement of property and services on behalf of the Department of Defense by a covered non-defense 

agency during any period that there is in effect a determination 

of the Under Secretary of Defense for Acquisition, Technology, 

and Logistics, made in writing, that it is necessary in the interest of the Department of Defense to continue to procure property 

and services through such non-defense agency. 

(2) APPLICABILITY OF DETERMINATION.—A written determination with respect to a covered non-defense agency under 

paragraph (1) is in effect for the period, not in excess of one 

year, that the Under Secretary shall specify in the written determination. The Under Secretary may extend from time to time, 

for up to one year at a time, the period for which the written 

determination remains in effect. 

(f) TERMINATION OF APPLICABILITY OF LIMITATIONS.—Subsection (d) shall cease to apply to a covered non-defense agency on 

the date on which the Inspector General of the Department of Defense and the Inspector General of such non-defense agency jointly—

(1) determine that such non-defense agency is compliant 

with defense procurement requirements; and 

(2) notify the Secretary of Defense of that determination. 

(g) IDENTIFICATION OF PROCUREMENTS MADE DURING A PARTICULAR FISCAL YEAR.—For the purposes of subsection (a), a procurement shall be treated as being made during a particular fiscal 

year to the extent that funds are obligated by the Department of Defense for that procurement in that fiscal year. 

(h) DEFINITIONS.—In this section: 

(1) The term ‘‘covered non-defense agency’’ means each of 

the following: 

(A) The Department of the Treasury. 

(B) The Department of the Interior. 

(C) The National Aeronautics and Space Administration. 

(2) The term ‘‘governmentwide acquisition contract’’, with 

respect to a covered non-defense agency, means a task or delivery order contract that—

(A) is entered into by the non-defense agency; and 


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(B) may be used as the contract under which property 

or services are procured for 1 or more other departments or 

agencies of the Federal Government. 

SEC. 812. MANAGEMENT STRUCTURE FOR THE PROCUREMENT OF 

CONTRACT SERVICES. 

(a) MANAGEMENT STRUCTURE.— (1) IN GENERAL.—Section 2330 of title 10, United States 

Code, is amended to read as follows: 

‘‘§ 2330. Procurement of contract services: management structure 

‘‘(a) REQUIREMENT FOR MANAGEMENT STRUCTURE.—The Secretary of Defense shall establish and implement a management 

structure for the procurement of contract services for the Department 

of Defense. The management structure shall provide, at a minimum, 

for the following: ‘‘(1) The Under Secretary of Defense for Acquisition, Technology, and Logistics shall— ‘‘(A) develop and maintain (in consultation with the 

service acquisition executives) policies, procedures, and best 

practices guidelines addressing the procurement of contract 

services, including policies, procedures, and best practices 

guidelines for— ‘‘(i) acquisition planning; 

‘‘(ii) solicitation and contract award; 

‘‘(iii) requirements development and management; 

‘‘(iv) contract tracking and oversight; 

‘‘(v) performance evaluation; and 

‘‘(vi) risk management; 

‘‘(B) work with the service acquisition executives and 

other appropriate officials of the Department of Defense—

‘‘(i) to identify the critical skills and competencies 

needed to carry out the procurement of contract services 

on behalf of the Department of Defense; ‘‘(ii) to develop a comprehensive strategy for recruiting, training, and deploying employees to meet the 

requirements for such skills and competencies; and ‘‘(iii) to ensure that the military departments and 

Defense Agencies have staff and administrative support 

that are adequate to effectively perform their duties 

under this section; 

‘‘(C) establish contract services acquisition categories, 

based on dollar thresholds, for the purpose of establishing 

the level of review, decision authority, and applicable procedures in such categories; and ‘‘(D) oversee the implementation of the requirements of 

this section and the policies, procedures, and best practices 

guidelines established pursuant to subparagraph (A). 

‘‘(2) The service acquisition executive of each military department shall be the senior official responsible for the management of acquisition of contract services for or on behalf of the 

military department. ‘‘(3) The Under Secretary of Defense for Acquisition, Technology, and Logistics shall be the senior official responsible for 

the management of acquisition of contract services for or on beVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00273 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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half of the Defense Agencies and other components of the Department of Defense outside the military departments. 

‘‘(b) DUTIES AND RESPONSIBILITIES OF SENIOR OFFICIALS RE- SPONSIBLE FOR THE MANAGEMENT OF ACQUISITION OF CONTRACT

SERVICES.—(1) Except as provided in paragraph (2), the senior officials responsible for the management of acquisition of contract services shall assign responsibility for the review and approval of procurements in each contract services acquisition category established 

under subsection (a)(1)(C) to specific Department of Defense officials, subject to the direction, supervision, and oversight of such senior officials. ‘‘(2) With respect to the acquisition of contract services by a 

component or command of the Department of Defense the primary 

mission of which is the acquisition of products and services, such 

acquisition shall be conducted in accordance with policies, procedures, and best practices guidelines developed and maintained by 

the Under Secretary of Defense for Acquisition, Technology, and Logistics pursuant to subsection (a)(1), subject to oversight by the senior officials referred to in paragraph (1). ‘‘(3) In carrying out paragraph (1), each senior official responsible for the management of acquisition of contract services shall— ‘‘(A) implement the requirements of this section and the 

policies, procedures, and best practices guidelines developed by 

the Under Secretary of Defense for Acquisition, Technology, and 

Logistics pursuant to subsection (a)(1)(A); ‘‘(B) authorize the procurement of contract services through 

contracts entered into by agencies outside the Department of Defense in appropriate circumstances, in accordance with the requirements of section 854 of the Ronald W. Reagan National 

Defense Authorization Act for Fiscal Year 2005 (10 U.S.C. 2304 

note), section 814 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (31 U.S.C. 1535 note), and 

the regulations implementing such sections; ‘‘(C) dedicate full-time commodity managers to coordinate 

the procurement of key categories of services; 

‘‘(D) ensure that contract services are procured by means of 

procurement actions that are in the best interests of the Department of Defense and are entered into and managed in compliance with applicable laws, regulations, directives, and requirements; 

‘‘(E) ensure that competitive procedures and performancebased contracting are used to the maximum extent practicable 

for the procurement of contract services; and 

‘‘(F) monitor data collection under section 2330a of this 

title, and periodically conduct spending analyses, to ensure that 

funds expended for the procurement of contract services are 

being expended in the most rational and economical manner 

practicable. 

‘‘(c) DEFINITIONS.—In this section: ‘‘(1) The term ‘procurement action’ includes the following 

actions: ‘‘(A) Entry into a contract or any other form of agreement. ‘‘(B) Issuance of a task order, delivery order, or military interdepartmental purchase request. 


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‘‘(2) The term ‘contract services’ includes all services acquired from private sector entities by or for the Department of 

Defense, other than services relating to research and development or military construction.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 137 of such title is amended by striking the 

item relating to section 2330 and inserting the following new 

item: 

‘‘2330. Procurement of contract services: management structure.’’. 

(b) PHASED IMPLEMENTATION.—The requirements of section 

2330 of title 10, United States Code (as added by subsection (a)), 

shall be implemented as follows: 

(1) The Under Secretary of Defense for Acquisition, Technology, and Logistics shall—

(A) establish an initial set of contract services acquisition categories, based on dollar thresholds, by not later 

than June 1, 2006; and 

(B) issue an initial set of policies, procedures, and best 

practices guidelines in accordance with section 

2330(a)(1)(A) by not later than October 1, 2006. 

(2) The contract services acquisition categories established 

by the Under Secretary shall include—

(A) one or more categories for acquisitions with an estimated value of $250,000,000 or more; 

(B) one or more categories for acquisitions with an estimated value of at least $10,000,000 but less than 

$250,000,000; and 

(C) one or more categories for acquisitions with an estimated value greater than the simplified acquisition threshold but less than $10,000,000. 

(3) The senior officials responsible for the management of 

acquisition of contract services shall assign responsibility to 

specific individuals in the Department of Defense for the review 

and approval of procurements in the contract services acquisition categories established by the Under Secretary, as follows: 

(A) Not later than October 1, 2006, for all categories established pursuant to paragraph (2)(A). 

(B) Not later than October 1, 2007, for all categories established pursuant to paragraph (2)(B). 

(C) Not later than October 1, 2009, for all categories established pursuant to paragraph (2)(C). 

(c) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a final report on the implementation of section 2330 of title 10, 

United States Code, as added by this section. 

SEC. 813. REPORT ON SERVICE SURCHARGES FOR PURCHASES MADE 

FOR MILITARY DEPARTMENTS THROUGH OTHER DEPARTMENT OF DEFENSE AGENCIES. 

(a) REPORTS BY MILITARY DEPARTMENTS.—For each of fiscal 

years 2005 and 2006, the Secretary of each military department 

shall, not later than 180 days after the last day of that fiscal year, 

submit to the Under Secretary of Defense for Acquisition, Technology, and Logistics a report on the service charges imposed on 


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such military department for purchases in amounts greater than the 

simplified acquisition threshold that were made for that military 

department during such fiscal year through a contract entered into 

by an agency of the Department of Defense other than that military 

department. The report shall specify the amounts of the service 

charges and identify the services provided in exchange for such 

charges. 

(b) ANALYSIS OF MILITARY DEPARTMENT REPORT.—Not later 

than 90 days after receiving a report of the Secretary of a military 

department for a fiscal year under subsection (a), the Under Secretary of Defense for Acquisition, Technology, and Logistics shall review the service charges delineated in such report for the acquisitions covered by the report and the services provided in exchange for 

such charges and shall compare those charges with the costs of alternative means for making such acquisitions. The analysis shall 

include the Under Secretary’s determinations of whether the imposition and amounts of the service charges were reasonable. 

(c) REPORTS TO CONGRESS.—Not later than October 1, 2006 (for 

reports for fiscal year 2005 under subsection (a)), and not later than 

October 1, 2007 (for reports for fiscal year 2006 under subsection 

(a)), the Under Secretary of Defense for Acquisition, Technology, 

and Logistics shall submit to the congressional defense committees 

a report on the reports submitted by the Secretaries of the military 

departments under subsection (a), together with the Under Secretary’s determinations under subsection (b) with regard to the matters set forth in those reports. 

(d) SIMPLIFIED ACQUISITION THRESHOLD DEFINED.—In this section, the term ‘‘simplified acquisition threshold’’ has the meaning 

given such term in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)). 

SEC. 814. REVIEW OF DEFENSE ACQUISITION STRUCTURES AND CAPABILITIES. 

(a) REVIEW BY DEFENSE ACQUISITION UNIVERSITY.—The Defense Acquisition University, acting under the direction and authority of the Under Secretary of Defense for Acquisition, Technology, 

and Logistics, shall conduct a review of the acquisition structures 

and capabilities of the Department of Defense, including the acquisition structures and capabilities of the following: 

(1) Each military department. 

(2) Each defense agency. 

(3) Any other element of the Department of Defense that has 

an acquisition function. 

(b) ELEMENTS OF REVIEW.—

(1) IN GENERAL.—In reviewing the acquisition structures 

and capabilities of an organization under subsection (a), the 

Defense Acquisition University shall—

(A) determine the current structure of the organization; 

(B) review the evolution of the current structure of the 

organization, including the reasons for each reorganization 

of the structure; 

(C) identify the capabilities needed by the organization 

to fulfill its function and assess the capacity of the organization, as currently structured, to provide such capabilities; 


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(D) identify any gaps, shortfalls, or inadequacies relating to acquisitions in the current structures and capabilities of the organization; 

(E) identify any recruiting, retention, training, or professional development steps that may be needed to address 

any such gaps, shortfalls, or inadequacies; and 

(F) make such recommendations as the review team determines to be appropriate. 

(2) EMPHASIS IN REVIEW.—In conducting the review of acquisition structures and capabilities under subsection (a), the 

University shall place special emphasis on consideration of— (A) structures, capabilities, and processes for joint acquisition, including actions that may be needed to improve 

such structures, capabilities, and processes; and 

(B) actions that may be needed to improve acquisition 

outcomes. 

(c) FUNDING.—The Under Secretary of Defense for Acquisition, 

Technology, and Logistics shall provide the Defense Acquisition 

University the funds required to conduct the review under subsection (a). 

(d) REPORT ON REVIEW.— (1) IN GENERAL.—Not later than 180 days after the completion of the review required by subsection (a), the University 

shall submit to the Under Secretary of Defense for Acquisition, 

Technology, and Logistics a report on the review. 

(2) ANNEX.—The report shall include a separate annex on 

the acquisition structures and capabilities on each organization 

covered by the review. The annex— (A) shall address the matters specified under subsection (b) with respect to such organization; and 

(B) may include such recommendations with respect to 

such organization as the University considers appropriate. 

(3) TRANSMITTAL OF FINAL REPORT.—Not later than 90 

days after the receipt of the report under paragraph (1), the 

Under Secretary shall transmit to the congressional defense 

committees a copy of the report, together with the comments of 

the Under Secretary on the report. 

(e) DEFENSE ACQUISITION UNIVERSITY DEFINED.—In this section, the term ‘‘Defense Acquisition University’’ means the Defense 

Acquisition University established pursuant to section 1746 of title 

10, United States Code. 

SEC. 815. MODIFICATION OF REQUIREMENTS APPLICABLE TO CONTRACTS AUTHORIZED BY LAW FOR CERTAIN MILITARY 

MATERIEL. 

(a) INCLUSION OF COMBAT VEHICLES UNDER REQUIREMENTS.—

Section 2401 of title 10, United States Code, is amended—

(1) by striking ‘‘vessel or aircraft’’ each place it appears and 

inserting ‘‘vessel, aircraft, or combat vehicle’’; 

(2) in subsection (c), by striking ‘‘aircraft or naval vessel’’ each place it appears and inserting ‘‘aircraft, naval vessel, or 

combat vehicle’’; 

(3) in subsection (e), by striking ‘‘aircraft or naval vessels’’ each place it appears and inserting ‘‘aircraft, naval vessels, or 

combat vehicles’’; and 

(4) in subsection (f)—


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(A) by striking ‘‘aircraft and naval vessels’’ and inserting ‘‘aircraft, naval vessels, and combat vehicles’’; and 

(B) by striking ‘‘such aircraft and vessels’’ and inserting ‘‘such aircraft, vessels, and combat vehicles’’. (b) ADDITIONAL INFORMATION FOR CONGRESS.—Subsection (b) 

of such section is amended— (1) in paragraph (1)— (A) in subparagraph (B), by striking ‘‘and’’ at the end; 

(B) in subparagraph (C), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following new subparagraph: ‘‘(D) the Secretary has certified to those committees— ‘‘(i) that entering into the proposed contract as a 

means of obtaining the vessel, aircraft, or combat vehicle is the most cost-effective means of obtaining such 

vessel, aircraft, or combat vehicle; and ‘‘(ii) that the Secretary has determined that the 

lease complies with all applicable laws, Office of Management and Budget circulars, and Department of Defense regulations.’’; and 

(2) by adding at the end the following new paragraphs: ‘‘(3) Upon receipt of a notice under paragraph (1)(C), a committee identified in paragraph (1)(B) may request the Inspector General of the Department of Defense or the Comptroller General of the 

United States to conduct a review of the proposed contract to determine whether or not such contract meets the requirements of this 

section. ‘‘(4) If a review is requested under paragraph (3), the Inspector 

General of the Department of Defense or the Comptroller General of 

the United States, as the case may be, shall submit to the Secretary 

and the congressional defense committees a report on such review 

before the expiration of the period specified in paragraph (1)(C).’’. (c) APPLICABILITY OF ACQUISITION REGULATIONS.—Such section 

is further amended—

(1) by redesignating subsection (f) as subsection (g); and 

(2) by inserting after subsection (e) the following new subsection (f): 

‘‘(f)(1) If a lease or charter covered by this section is a capital 

lease or a lease-purchase—

‘‘(A) the lease or charter shall be treated as an acquisition 

and shall be subject to all applicable statutory and regulatory 

requirements for the acquisition of aircraft, naval vessels, or 

combat vehicles; and 

‘‘(B) funds appropriated to the Department of Defense for 

operation and maintenance may not be obligated or expended 

for the lease or charter. 

‘‘(2) In this subsection, the terms ‘capital lease’ and ‘lease-purchase’ have the meanings given those terms in Appendix B to Office 

of Management and Budget Circular A–11, as in effect on the date 

of the enactment of the National Defense Authorization Act for Fiscal Year 2006.’’. 

(d) CONFORMING AND CLERICAL AMENDMENTS.—

(1) SECTION HEADING.—The heading of such section is 

amended to read as follows: 


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‘‘§ 2401. Requirement for authorization by law of certain contracts relating to vessels, aircraft, and combat vehicles’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 141 of such title is amended by striking the item 

relating to section 2401 and inserting the following new item: 

‘‘2401. Requirement for authorization by law of certain contracts relating to vessels, 

aircraft, and combat vehicles.’’. 

SEC. 816. GUIDANCE ON USE OF TIERED EVALUATIONS OF OFFERS 

FOR CONTRACTS AND TASK ORDERS UNDER CONTRACTS. 

(a) GUIDANCE REQUIRED.—The Secretary of Defense shall prescribe guidance for the military departments and the Defense Agencies on the use of tiered evaluations of offers for contracts and for 

task or delivery orders under contracts. 

(b) ELEMENTS.—The guidance prescribed under subsection (a) 

shall include a prohibition on the initiation by a contracting officer 

of a tiered evaluation of an offer for a contract or for a task or delivery order under a contract unless the contracting officer—

(1) has conducted market research in accordance with part 

10 of the Federal Acquisition Regulation in order to determine 

whether or not a sufficient number of qualified small businesses 

are available to justify limiting competition for the award of 

such contract or task or delivery order under applicable law 

and regulations; 

(2) is unable, after conducting market research under paragraph (1), to make the determination described in that paragraph; and 

(3) includes in the contract file a written explanation of 

why such contracting officer was unable to make such determination. 

SEC. 817. JOINT POLICY ON CONTINGENCY CONTRACTING. 

(a) JOINT POLICY.—

(1) REQUIREMENT.—Not later than one year after the date 

of the enactment of this Act, the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall 

develop a joint policy for contingency contracting during combat 

operations and post-conflict operations. 

(2) MATTERS COVERED.—The joint policy for contingency 

contracting required by paragraph (1) shall, at a minimum, 

provide for—

(A) the designation of a senior commissioned officer in 

each military department with the responsibility for administering the policy; 

(B) the assignment of a senior commissioned officer 

with appropriate acquisition experience and qualifications 

to act as head of contingency contracting during combat operations, post-conflict operations, and contingency operations, who shall report directly to the commander of the 

combatant command in whose area of responsibility the operations occur; 

(C) an organizational approach to contingency contracting that is designed to ensure that each military department is prepared to conduct contingency contracting 

during combat operations and post-conflict operations; 


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(D) a requirement to provide training (including training under a program to be created by the Defense Acquisition University) to contingency contracting personnel in— (i) the use of law, regulations, policies, and directives related to contingency contracting operations; 

(ii) the appropriate use of rapid acquisition methods, including the use of exceptions to competition requirements under section 2304 of title 10, United 

States Code, sealed bidding, letter contracts, indefinite 

delivery indefinite quantity task orders, set asides 

under section 8(a) of the Small Business Act (15 U.S.C. 

637(a)), undefinitized contract actions, and other tools 

available to expedite the delivery of goods and services 

during combat operations or post-conflict operations; 

(iii) the appropriate use of rapid acquisition authority, commanders’ emergency response program 

funds, and other tools unique to contingency contracting; and 

(iv) instruction on the necessity for the prompt 

transition from the use of rapid acquisition authority 

to the use of full and open competition and other methods of contracting that maximize transparency in the 

acquisition process; 

(E) appropriate steps to ensure that training is maintained for such personnel even when they are not deployed 

in a contingency operation; and 

(F) such steps as may be needed to ensure jointness 

and cross-service coordination in the area of contingency 

contracting. 

(b) REPORTS.—

(1) INTERIM REPORT.— (A) REQUIREMENT.—Not later than 270 days after the 

date of the enactment of this Act, the Secretary of Defense 

shall submit to the Committees on Armed Services of the 

Senate and the House of Representatives an interim report 

on contingency contracting. 

(B) MATTERS COVERED.—The report shall include discussions of the following: 

(i) Progress in the development of the joint policy 

under subsection (a). 

(ii) The ability of the Armed Forces to support contingency contracting. 

(iii) The ability of commanders of combatant commands to request contingency contracting support and 

the ability of the military departments and the acquisition support agencies to respond to such requests and 

provide such support, including the availability of 

rapid acquisition personnel for such support. 

(iv) The ability of the current civilian and military 

acquisition workforce to deploy to combat theaters of 

operations and to conduct contracting activities during 

combat and during post-conflict, reconstruction, or 

other contingency operations. 

(v) The effect of different periods of deployment on 

continuity in the acquisition process. 


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(2) FINAL REPORT.—Not later than 18 months after the date 

of the enactment of this Act, the Secretary of Defense shall submit to the committees listed in paragraph (1)(A) a final report 

on contingency contracting, containing a discussion of the implementation of the joint policy developed under subsection (a), 

including updated discussions of the matters covered in the interim report. 

(c) DEFINITIONS.—In this section: 

(1) CONTINGENCY CONTRACTING PERSONNEL.—The term ‘‘contingency contracting personnel’’ means members of the 

Armed Forces and civilian employees of the Department of Defense who are members of the defense acquisition workforce 

and, as part of their duties, are assigned to provide support to 

contingency operations (whether deployed or not). 

(2) CONTINGENCY CONTRACTING.—The term ‘‘contingency 

contracting’’ means all stages of the process of acquiring property or services by the Department of Defense during a contingency operation. 

(3) CONTINGENCY OPERATION.—The term ‘‘contingency operation’’ has the meaning provided in section 101(13) of title 10, 

United States Code. 

(4) ACQUISITION SUPPORT AGENCIES.—The term ‘‘acquisition support agencies’’ means Defense Agencies and Department 

of Defense Field Activities that carry out and provide support 

for acquisition-related activities. 

SEC. 818. ACQUISITION STRATEGY FOR COMMERCIAL SATELLITE COMMUNICATION SERVICES. 

(a) REQUIREMENT FOR SPEND ANALYSIS.—The Secretary of Defense shall, as a part of the effort of the Department of Defense to 

develop a revised strategy for acquiring commercial satellite communication services, perform a complete spend analysis of the acquisitions by the Department of commercial satellite communication 

services for the period from fiscal year 2000 through fiscal year 

2005. That analysis shall, at a minimum, include a determination 

of the following: 

(1) Total acquisition costs in aggregate, by fiscal year, for 

items and services purchased. 

(2) Total quantity of items and services purchased. 

(3) Quantity and cost of items and services purchased by 

each entity from each supplier and who used the items and 

services purchased. 

(4) Purchasing patterns that may lead to recommendations 

in which the Department of Defense may centralize operations, 

consolidate requirements, or leverage purchasing power. 

(b) REPORT ON ACQUISITION STRATEGY.—

(1) IN GENERAL.—Not later than five months after the date 

of the enactment of this Act, the Secretary shall submit to Congress a report on the acquisition strategy of the Department of 

Defense for commercial satellite communications services. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include the following: 

(A) A description of the spend analysis required by subsection (a), including the results of the analysis. 

(B) The proposed strategy of the Department for acquiring commercial satellite communication services, which—


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(i) shall be based in appropriate part on the results 

of the analysis required by subsection (a); and 

(ii) shall take into account various methods of aggregating purchases and leveraging the purchasing 

power of the Department, including through the use of 

multiyear contracting for commercial satellite communication services. 

(C) A proposal for such legislative action as the Secretary considers necessary to acquire appropriate types and 

amounts of commercial satellite communications services 

using methods of aggregating purchases and leveraging the 

purchasing power of the Department (including the use of 

multiyear contracting), or if the use of such methods is determined inadvisable, a statement of the rationale for such 

determination. 

(D) A proposal for such other legislative action that the 

Secretary considers necessary to implement the strategy of 

the Department for acquiring commercial satellite communication services. 

SEC. 819. AUTHORIZATION OF EVALUATION FACTOR FOR DEFENSE 

CONTRACTORS EMPLOYING OR SUBCONTRACTING WITH 

MEMBERS OF THE SELECTED RESERVE OF THE RESERVE 

COMPONENTS OF THE ARMED FORCES. 

(a) DEFENSE CONTRACTS.—In awarding any contract for the 

procurement of goods or services to an entity, the Secretary of Defense is authorized to use as an evaluation factor whether the entity 

intends to carry out the contract using employees or individual subcontractors who are members of the Selected Reserve of the reserve 

components of the Armed Forces. 

(b) DOCUMENTATION OF SELECTED RESERVE-RELATED EVALUATION FACTOR.—Any entity claiming intent to carry out a contract 

using employees or individual subcontractors who are members of 

the Selected Reserve of the reserve components of the Armed Forces 

shall submit proof of the use of such employees or subcontractors for 

the Department of Defense to consider in carrying out subsection (a) 

with respect to that contract. 

(c) REGULATIONS.—The Federal Acquisition Regulation shall be 

revised as necessary to implement this section. 

Subtitle C—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

SEC. 821. PARTICIPATION BY DEPARTMENT OF DEFENSE IN ACQUISITION WORKFORCE TRAINING FUND. 

(a) REQUIRED CONTRIBUTIONS TO ACQUISITION WORKFORCE

TRAINING FUND BY DEPARTMENT OF DEFENSE.—Section 37(h)(3) of 

the Office of Federal Procurement Policy Act (41 U.S.C. 433(h)(3)) 

is amended—

(1) in subparagraph (A), by striking ‘‘other than the Department of Defense’’ and inserting ‘‘, except as provided in subparagraph (D)’’ ; and 


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(2) by redesignating subparagraphs (D), (E), (F), and (G) as 

subparagraphs (E), (F), (G), and (H), respectively, and inserting 

after subparagraph (C) the following new subparagraph (D): 

‘‘(D) The Administrator of General Services shall transfer 

to the Secretary of Defense fees collected from the Department 

of Defense pursuant to subparagraph (B), to be used by the Defense Acquisition University for purposes of acquisition workforce training.’’. 

(b) CONFORMING AMENDMENTS.—

(1) OFFICE OF FEDERAL PROCUREMENT POLICY ACT.—Section 37(a) of the Office of Federal Procurement Policy Act (41 

U.S.C. 433(a)) is amended by striking ‘‘This section’’ and inserting ‘‘Except as provided in subsection (h)(3), this section’’. 

(2) PUBLIC LAW 108–136.—Section 1412 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–

136; 117 Stat. 1664) is amended by striking subsection (c). 

(c) DEFENSE ACQUISITION UNIVERSITY FUNDING.—Amounts 

transferred under section 37(h)(3)(D) of the Office of Federal Procurement Policy Act (as amended by subsection (a)) for use by the 

Defense Acquisition University shall be in addition to other 

amounts authorized for the University. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to fees collected under contracts described 

in section 37(h)(3)(B) of the Office of Federal Procurement Policy Act 

(41 U.S.C. 433(h)(3)(B)) after the date of the enactment of this Act. 

SEC. 822. INCREASE IN COST ACCOUNTING STANDARD THRESHOLD. 

Section 26(f)(2)(A) of the Office of Federal Procurement Policy 

Act (41 U.S.C. 422(f)(A)) is amended by striking ‘‘$500,000’’ and inserting ‘‘the amount set forth in section 2306a(a)(1)(A)(i) of title 10, 

United States Code, as such amount is adjusted in accordance with 

applicable requirements of law’’. 

SEC. 823. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE PROJECTS. 

Section 845 of the National Defense Authorization Act for Fiscal 

Year 1994 (10 U.S.C. 2371 note) is amended—

(1) in subsection (a)—

(A) by striking ‘‘The Director’’ and inserting ‘‘(1) Subject to paragraph (2), the Director’’; and 

(B) by adding at the end the following new paragraphs: 

‘‘(2) The authority of this section—

‘‘(A) may be exercised for a prototype project that is expected 

to cost the Department of Defense in excess of $20,000,000 but 

not in excess of $100,000,000 only upon a written determination 

by the senior procurement executive for the agency (as designated for the purpose of section 16(c) of the Office of Federal 

Procurement Policy Act (41 U.S.C. 414(c)) that—

‘‘(i) the requirements of subsection (d) will be met; and 

‘‘(ii) the use of the authority of this section is essential 

to promoting the success of the prototype project; and 

‘‘(B) may be exercised for a prototype project that is expected to cost the Department of Defense in excess of 

$100,000,000 only if—


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‘‘(i) the Under Secretary of Defense for Acquisition, 

Technology, and Logistics determines in writing that—

‘‘(I) the requirements of subsection (d) will be met; 

and 

‘‘(II) the use of the authority of this section is essential to meet critical national security objectives; and 

‘‘(ii) the congressional defense committees are notified 

in writing at least 30 days before such authority is exercised. 

‘‘(3) The authority of a senior procurement executive under 

paragraph (2)(A), and the authority of the Under Secretary of Defense for Acquisition, Technology, and Logistics under paragraph 

(2)(B), may not be delegated.’’; 

(2) by redesignating subsection (h) as subsection (i); and 

(3) by inserting after subsection (g) the following new subsection (h): 

‘‘(h) APPLICABILITY OF PROCUREMENT ETHICS REQUIREMENTS.—

An agreement entered into under the authority of this section shall 

be treated as a Federal agency procurement for the purposes of section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 

423).’’. 

SEC. 824. INCREASED LIMIT APPLICABLE TO ASSISTANCE PROVIDED 

UNDER CERTAIN PROCUREMENT TECHNICAL ASSISTANCE 

PROGRAMS. 

Section 2414(a)(2) of title 10, United States Code, is amended 

by striking ‘‘$150,000’’ and inserting ‘‘$300,000’’. 

Subtitle D—United States Defense 

Industrial Base Provisions 

SEC. 831. CLARIFICATION OF EXCEPTION FROM BUY AMERICAN REQUIREMENTS FOR PROCUREMENT OF PERISHABLE FOOD 

FOR ESTABLISHMENTS OUTSIDE THE UNITED STATES. 

Section 2533a(d)(3) of title 10, United States Code, is amended 

by inserting ‘‘, or for,’’ after ‘‘perishable foods by’’. 

SEC. 832. TRAINING FOR DEFENSE ACQUISITION WORKFORCE ON THE 

REQUIREMENTS OF THE BERRY AMENDMENT. 

(a) TRAINING DURING FISCAL YEAR 2006.—The Secretary of Defense shall ensure that each member of the defense acquisition workforce who participates personally and substantially in the acquisition of textiles on a regular basis receives training during fiscal year 

2006 on the requirements of section 2533a of title 10, United States 

Code (commonly referred to as the ‘‘Berry Amendment’’), and the 

regulations implementing that section. 

(b) INCLUSION OF INFORMATION IN NEW TRAINING PROGRAMS.—

The Secretary shall ensure that any training program developed or 

implemented after the date of the enactment of this Act for members 

of the defense acquisition workforce who participate personally and 

substantially in the acquisition of textiles on a regular basis includes comprehensive information on the requirements described in 

subsection (a). 


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SEC. 833. AMENDMENTS TO DOMESTIC SOURCE REQUIREMENTS RELATING TO CLOTHING MATERIALS AND COMPONENTS 

COVERED. 

(a) NOTICE.—Section 2533a of title 10, United States Code, is 

amended by adding at the end the following new subsection: 

‘‘(k) NOTIFICATION REQUIRED WITHIN 7 DAYS AFTER CONTRACT

AWARD IF CERTAIN EXCEPTIONS APPLIED.—In the case of any contract for the procurement of an item described in subparagraph (B), 

(C), (D), or (E) of subsection (b)(1), if the Secretary of Defense or of 

the military department concerned applies an exception set forth in 

subsection (c) or (e) with respect to that contract, the Secretary shall, 

not later than 7 days after the award of the contract, post a notification that the exception has been applied on the Internet site maintained by the General Services Administration known as 

FedBizOps.gov (or any successor site).’’. 

(b) CLOTHING MATERIALS AND COMPONENTS COVERED.—Subsection (b) of section 2533a of title 10, United States Code, is 

amended in paragraph (1)(B) by inserting before the semicolon the 

following: ‘‘and the materials and components thereof, other than 

sensors, electronics, or other items added to, and not normally associated with, clothing (and the materials and components thereof)’’. 

Subtitle E—Other Matters 

SEC. 841. REVIEW AND REPORT ON DEPARTMENT OF DEFENSE EFFORTS TO IDENTIFY CONTRACT FRAUD, WASTE, AND 

ABUSE. 

(a) REVIEW BY COMPTROLLER GENERAL.—The Comptroller General shall conduct a review of efforts by the Department of Defense 

to identify and assess the areas of vulnerability of Department of 

Defense contracts to fraud, waste, and abuse. 

(b) MATTERS COVERED.—

(1) IN GENERAL.—In conducting the review, the Comptroller 

General shall summarize the ongoing efforts of the Department 

of Defense, including the reviews described in paragraph (2), 

and make recommendations about areas not addressed or items 

that need further investigation. 

(2) DEPARTMENT OF DEFENSE REVIEWS.—The reviews by the 

Department of Defense referred to in paragraph (1) are the following: 

(A) A report by a task force of the Defense Science 

Board dated March 2005 and titled ‘‘Management Oversight in Acquisition Organizations’’. 

(B) An audit by the Inspector General of the Department of Defense titled ‘‘Service Acquisition Executives Management Oversight and Procurement Authority’’. 

(C) A task force to address contract fraud, waste, and 

abuse designated by the Deputy Secretary of Defense. 

(c) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the 

Committees on Armed Services of the Senate and the House of Representatives a report on the results of the review, including the 

Comptroller General’s findings and recommendations. 


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SEC. 842. EXTENSION OF CONTRACT GOAL FOR SMALL DISADVANTAGED BUSINESSES AND CERTAIN INSTITUTIONS OF 

HIGHER EDUCATION. 

Section 2323(k) of title 10, United States Code, is amended by 

striking ‘‘2006’’ both places it appears and inserting ‘‘2009’’. 

SEC. 843. EXTENSION OF DEADLINE FOR REPORT OF ADVISORY PANEL 

ON LAWS AND REGULATIONS ON ACQUISITION PRACTICES. 

Section 1423(d) of the Services Acquisition Reform Act of 2003 

(title XIV of Public Law 108–136; 117 Stat. 1669; 41 U.S.C. 405 

note) is amended by striking ‘‘one year’’ and inserting ‘‘18 months’’. 

SEC. 844. EXCLUSION OF CERTAIN SECURITY EXPENSES FROM CONSIDERATION FOR PURPOSE OF SMALL BUSINESS SIZE 

STANDARDS. 

Section 3(a) of the Small Business Act (15 U.S.C. 632(a)), is 

amended by adding at the end the following: 

‘‘(4) EXCLUSION OF CERTAIN SECURITY EXPENSES FROM CONSIDERATION FOR PURPOSE OF SMALL BUSINESS SIZE STANDARDS.—

‘‘(A) DETERMINATION REQUIRED.—Not later than 30 

days after the date of enactment of this paragraph, the Administrator shall review the application of size standards 

established pursuant to paragraph (2) to small business 

concerns that are performing contracts in qualified areas 

and determine whether it would be fair and appropriate to 

exclude from consideration in the average annual gross receipts of such small business concerns any payments made 

to such small business concerns by Federal agencies to reimburse such small business concerns for the cost of subcontracts entered for the sole purpose of providing security 

services in a qualified area. 

‘‘(B) ACTION REQUIRED.—Not later than 60 days after 

the date of enactment of this paragraph, the Administrator 

shall either—

‘‘(i) initiate an adjustment to the size standards, as 

described in subparagraph (A), if the Administrator determines that such an adjustment would be fair and 

appropriate; or 

‘‘(ii) provide a report to the Committee on Small 

Business and Entrepreneurship of the Senate and the 

Committee on Small Business of the House of Representatives explaining in detail the basis for the determination by the Administrator that such an adjustment would not be fair and appropriate. 

‘‘(C) QUALIFIED AREAS.—In this paragraph, the term ‘qualified area’ means— ‘‘(i) Iraq, 

‘‘(ii) Afghanistan, and 

‘‘(iii) any foreign country which included a combat 

zone, as that term is defined in section 112(c)(2) of the 

Internal Revenue Code of 1986, at the time of performance of the relevant Federal contract or subcontract.’’. 

SEC. 845. DISASTER RELIEF FOR SMALL BUSINESS CONCERNS DAMAGED BY DROUGHT. 

(a) DROUGHT DISASTER AUTHORITY.—


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(1) DEFINITION OF DISASTER.—Section 3(k) of the Small 

Business Act (15 U.S.C. 632(k)) is amended—

(A) by inserting ‘‘(1)’’ after ‘‘(k)’’; and 

(B) by adding at the end the following: 

‘‘(2) For purposes of section 7(b)(2), the term ‘disaster’ includes—

‘‘(A) drought; and 

‘‘(B) below average water levels in the Great Lakes, or on 

any body of water in the United States that supports commerce 

by small business concerns.’’. 

(2) DROUGHT DISASTER RELIEF AUTHORITY.—Section 7(b)(2) 

of the Small Business Act (15 U.S.C. 636(b)(2)) is amended—

(A) by inserting ‘‘(including drought), with respect to 

both farm-related and nonfarm-related small business concerns,’’ before ‘‘if the Administration’’; and 

(B) in subparagraph (B), by striking ‘‘the Consolidated 

Farmers Home Administration Act of 1961 (7 U.S.C. 1961)’’

and inserting the following: ‘‘section 321 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961), in 

which case, assistance under this paragraph may be provided to farm-related and nonfarm-related small business 

concerns, subject to the other applicable requirements of 

this paragraph’’. 

(b) LIMITATION ON LOANS.—From funds otherwise appropriated 

for loans under section 7(b) of the Small Business Act (15 U.S.C. 

636(b)), not more than $9,000,000 may be used during each of fiscal 

years 2005 through 2008, to provide drought disaster loans to nonfarm-related small business concerns in accordance with this section 

and the amendments made by this section. 

(c) PROMPT RESPONSE TO DISASTER REQUESTS.—Section 

7(b)(2)(D) of the Small Business Act (15 U.S.C. 636(b)(2)(D)) is 

amended by striking ‘‘Upon receipt of such certification, the Administration may’’ and inserting ‘‘Not later than 30 days after the date 

of receipt of such certification by a Governor of a State, the Administration shall respond in writing to that Governor on its determination and the reasons therefore, and may’’. 

(d) RULEMAKING.—Not later than 45 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall promulgate final rules to carry out this section 

and the amendments made by this section. 

SEC. 846. EXTENSION OF LIMITED ACQUISITION AUTHORITY FOR THE 

COMMANDER OF THE UNITED STATES JOINT FORCES 

COMMAND. 

(a) EXTENSION OF AUTHORITY.—Subsection (f) of section 167a of 

title 10, United States Code, is amended—

(1) by striking ‘‘through 2006’’ and inserting ‘‘through 

2008’’; and 

(2) by striking ‘‘September 30, 2006’’ and inserting ‘‘September 30, 2008’’. 

(b) REPORT.—Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the implementation of section 167a of title 10, 

United States Code. 


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SEC. 847. CIVILIAN BOARD OF CONTRACT APPEALS. 

(a) IN GENERAL.—The Office of Federal Procurement Policy Act 

(41 U.S.C. 401 et seq.) is amended by adding at the end the following new section: 

‘‘SEC. 42. CIVILIAN BOARD OF CONTRACT APPEALS. 

‘‘(a) BOARD ESTABLISHED.—There is established in the General 

Services Administration a board of contract appeals to be known as 

the Civilian Board of Contract Appeals (in this section referred to 

as the ‘Civilian Board’). 

‘‘(b) MEMBERSHIP.—

‘‘(1) APPOINTMENT.—(A) The Civilian Board shall consist of 

members appointed by the Administrator of General Services 

(in consultation with the Administrator for Federal Procurement Policy) from a register of applicants maintained by the 

Administrator of General Services, in accordance with rules 

issued by the Administrator of General Services (in consultation 

with the Administrator for Federal Procurement Policy) for establishing and maintaining a register of eligible applicants and 

selecting Civilian Board members. The Administrator of General Services shall appoint a member without regard to political 

affiliation and solely on the basis of the professional qualifications required to perform the duties and responsibilities of a Civilian Board member. 

‘‘(B) The members of the Civilian Board shall be selected 

and appointed to serve in the same manner as administrative 

law judges appointed pursuant to section 3105 of title 5, United 

States Code, with an additional requirement that such members 

shall have had not fewer than five years of experience in public 

contract law. 

‘‘(C) Notwithstanding subparagraph (B) and subject to 

paragraph (2), the following persons shall serve as Civilian 

Board members: any full-time member of any agency board of 

contract appeals other than the Armed Services Board of Contract Appeals, the Postal Service Board of Contract Appeals, 

and the board of contract appeals of the Tennessee Valley Authority serving as such on the day before the effective date of 

this section. 

‘‘(2) REMOVAL.—Members of the Civilian Board shall be 

subject to removal in the same manner as administrative law 

judges, as provided in section 7521 of title 5, United States 

Code. 

‘‘(3) COMPENSATION.—Compensation for members of the Civilian Board shall be determined under section 5372a of title 5, 

United States Code. 

‘‘(c) FUNCTIONS.—

‘‘(1) IN GENERAL.—The Civilian Board shall have jurisdiction as provided by section 8(d) of the Contract Disputes Act of 

1978 (41 U.S.C. 607(b)). 

‘‘(2) ADDITIONAL JURISDICTION.—The Civilian Board may, 

with the concurrence of the Federal agency or agencies affected—

‘‘(A) assume jurisdiction over any additional category 

of laws or disputes over which an agency board of contract 

appeals established pursuant to section 8 of the Contract 


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261 

Disputes Act exercised jurisdiction before the effective date 

of this section; and ‘‘(B) assume any other functions performed by such a 

board before such effective date on behalf of such agencies.’’. (b) TRANSFERS.—The personnel employed in connection with, 

and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and 

other funds employed, held, used, arising from, available to, or to 

be made available in connection with the functions vested by law in 

the agency boards of contract appeals established pursuant to section 8 of the Contract Disputes Act of 1978 (41 U.S.C. 607) (as in 

effect on the day before the effective date described in subsection (g)) 

other than the Armed Services Board of Contract Appeals, the board 

of contract appeals of the Tennessee Valley Authority, and the Postal Service Board of Contract Appeals shall be transferred to the Civilian Board of Contract Appeals for appropriate allocation by the 

Chairman of that Board. 

(c) TERMINATION OF BOARDS OF CONTRACT APPEALS.—

(1) TERMINATION.—Effective on the effective date described 

in subsection (g), the agency boards of contract appeals established pursuant to section 8 of the Contract Disputes Act of 

1978 (41 U.S.C. 607) (as in effect on the day before such effective date), other than the Armed Services Board of Contract Appeals, the board of contract appeals of the Tennessee Valley Authority, and the Postal Service Board of Contract Appeals, shall 

terminate. 

(2) SAVINGS PROVISION.—(A) This section and the amendments made by this section shall not affect any proceedings 

pending on the effective date described in subsection (g) before 

any agency board of contract appeals terminated by paragraph 

(1). 

(B) In the case of any such proceedings pending before an 

agency board of contract appeals other than the Armed Services 

Board of Contract Appeals or the board of contract appeals of 

the Tennessee Valley Authority, the proceedings shall be continued by the Civilian Board of Contract Appeals, and orders 

which were issued in any such proceeding by the agency board 

shall continue in effect until modified, terminated, superseded, 

or revoked by the Civilian Board of Contract Appeals, by a 

court of competent jurisdiction, or by operation of law. 

(d) AMENDMENTS TO CONTRACTS DISPUTES ACT.—

(1) AMENDMENTS TO DEFINITIONS.—Section 2 of the Contract Disputes Act of 1978 (41 U.S.C. 601) is amended—

(A) in paragraph (2), by striking ‘‘, the United States 

Postal Service, and the Postal Rate Commission’’; 

(B) by redesignating paragraph (7) as paragraph (9); 

(C) by amending paragraph (6) to read as follows: 

‘‘(6) the terms ‘agency board’ or ‘agency board of contract 

appeals’ mean— ‘‘(A) the Armed Services Board of Contract Appeals established under section 8(a)(1) of this Act; ‘‘(B) the Civilian Board of Contract Appeals established 

under section 42 of the Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.); 


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‘‘(C) the board of contract appeals of the Tennessee Valley Authority; or 

‘‘(D) the Postal Service Board of Contract Appeals established under section 8(c) of this Act;’’; and 

(D) by inserting after paragraph (6) the following new 

paragraphs: 

‘‘(7) the term ‘Armed Services Board’ means the Armed 

Services Board of Contract Appeals established under section 

8(a)(1) of this Act; 

‘‘(8) the term ‘Civilian Board’ means the Civilian Board of 

Contract Appeals established under section 42 of the Office of 

Federal Procurement Policy Act (41 U.S.C. 403 et seq.); and’’. 

(2) AMENDMENTS RELATING TO JURISDICTION.—Section 8 of 

the Contract Disputes Act of 1978 (41 U.S.C. 607) is amended—

(A) in subsection (d)—

(i) by striking the first sentence and inserting the 

following: ‘‘The Armed Services Board shall have jurisdiction to decide any appeal from a decision of a contracting officer of the Department of Defense, the Department of the Army, the Department of the Navy, the 

Department of the Air Force, or the National Aeronautics and Space Administration relative to a contract made by that department or agency. The Civilian 

Board shall have jurisdiction to decide any appeal 

from a decision of a contracting officer of any executive 

agency (other than the Department of Defense, the Department of the Army, the Department of the Navy, the 

Department of the Air Force, the National Aeronautics 

and Space Administration, the United States Postal 

Service, the Postal Rate Commission, or the Tennessee 

Valley Authority) relative to a contract made by that 

agency. Each other agency board shall have jurisdiction to decide any appeal from a decision of a contracting officer relative to a contract made by its agency.’’; and 

(ii) in the second sentence, by striking ‘‘Claims 

Court’’ and inserting ‘‘Court of Federal Claims’’; 

(B) by striking subsection (c) and inserting the following: 

‘‘(c) There is established an agency board of contract appeals to 

be known as the ‘Postal Service Board of Contract Appeals’. Such 

board shall have jurisdiction to decide any appeal from a decision 

of a contracting officer of the United States Postal Service or the 

Postal Rate Commission relative to a contract made by either agency. Such board shall consist of judges appointed by the Postmaster 

General who shall meet the qualifications of and serve in the same 

manner as members of the Civilian Board of Contract Appeals. This 

Act shall apply to contract disputes before the Postal Service Board 

of Contract Appeals in the same manner as they apply to contract 

disputes before the Civilian Board.’’. 

(3) CONFORMING AMENDMENTS.—Section 8 of the Contract 

Disputes Act of 1978 (41 U.S.C. 607) is further amended—

(A) in subsection (a)(1)—


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(i) by striking ‘‘Except as provided in paragraph 

(2) an agency board of contract appeals’’ and inserting 

‘‘An Armed Services Board of Contract Appeals’’; and 

(ii) by striking ‘‘an executive agency when the agency head’’ and inserting ‘‘the Department of Defense 

when the Secretary of Defense’’; and 

(B) in subsection (b)(1)—

(i) by striking ‘‘Except as provided in paragraph 

(2), the members of agency boards’’ and inserting ‘‘The 

members of the Armed Services Board of Contract Appeals’’; 

(ii) in the second sentence, by striking ‘‘agency 

boards’’ and inserting ‘‘such Board’’; 

(iii) in the third sentence, by striking ‘‘each board’’

and inserting ‘‘such Board’’ and by striking ‘‘the agency 

head’’ and inserting ‘‘the Secretary of Defense’’; and 

(iv) in the fourth sentence, by striking ‘‘an agency 

board’’ and inserting ‘‘such Board’’. 

(4) REPEAL OF OBSOLETE PROVISIONS.—Section 8 of the 

Contract Disputes Act of 1978 (41 U.S.C. 607) is further amended by striking subsections (h) and (i). 

(e) REFERENCES.—Any reference to an agency board of contract 

appeals other than the Armed Services Board of Contract Appeals, 

the board of contract appeals of the Tennessee Valley Authority, or 

the Postal Service Board of Contract Appeals in any provision of 

law or in any rule, regulation, or other paper of the United States 

shall be treated as referring to the Civilian Board of Contract Appeals established under section 42 of the Office of Federal Procurement Policy Act. 

(f) CONFORMING AND CLERICAL AMENDMENTS.—(1) Section 

5372a(a)(1) of title 5, United States Code, is amended by inserting 

after ‘‘of 1978’’ the following: ‘‘or a member of the Civilian Board 

of Contract Appeals appointed under section 42 of the Office of Federal Procurement Policy Act’’. 

(2) The table of contents for the Office of Federal Procurement 

Policy Act (contained in section 1(b)) is amended by adding at the 

end the following new item: 

‘‘42. Civilian Board of Contract Appeals.’’. 

(g) EFFECTIVE DATE.—Section 42 of the Office of Federal Procurement Policy Act, as added by this section, and the amendments 

and repeals made by this section, shall take effect 1 year after the 

date of the enactment of this Act. 

SEC. 848. STATEMENT OF POLICY AND REPORT RELATING TO CONTRACTING WITH EMPLOYERS OF PERSONS WITH DISABILITIES. 

(a) EXTENSIONS OF INAPPLICABILITY OF CERTAIN ACTS.—Section 

853 of the Ronald W. Reagan National Defense Authorization Act 

for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2021) is 

amended in subsections (a)(2)(A) and (b)(2)(A) by striking ‘‘2005’’

and inserting ‘‘2006’’. 

(b) STATEMENT OF POLICY.—The Secretary of Defense, the Secretary of Education, and the Chairman of the Committee for Purchase From People Who Are Blind or Severely Disabled shall jointly 

issue a statement of policy related to the implementation of the RanVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00291 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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dolph-Sheppard Act (20 U.S.C. 107 et seq.) and the Javits-WagnerO’Day Act (41 U.S.C. 48) within the Department of Defense and the 

Department of Education. The joint statement of policy shall specifically address the application of those Acts to both operation and 

management of all or any part of a military mess hall, military 

troop dining facility, or any similar dining facility operated for the 

purpose of providing meals to members of the Armed Forces, and 

shall take into account and address, to the extent practicable, the 

positions acceptable to persons representing programs implemented 

under each Act. 

(c) REPORT.—Not later than April 1, 2006, the Secretary of Defense, the Secretary of Education, and the Chairman of the Committee for Purchase From People Who Are Blind or Severely Disabled shall submit to the Committees on Armed Services of the Senate and the House of Representatives, the Committee on Health, 

Education, Labor and Pensions of the Senate, and the Committee 

on Education and the Workforce of the House of Representatives a 

report describing the joint statement of policy issued under subsection (b), with such findings and recommendations as the Secretaries consider appropriate. 

SEC. 849. STUDY ON DEPARTMENT OF DEFENSE CONTRACTING WITH 

SMALL BUSINESS CONCERNS OWNED AND CONTROLLED 

BY SERVICE-DISABLED VETERANS. 

(a) STUDY REQUIRED.—The Secretary of Defense shall conduct 

a study on Department of Defense procurement contracts with small 

business concerns owned and controlled by service-disabled veterans. 

(b) ELEMENTS OF STUDY.—The study required by subsection (a) 

shall include the following determinations: 

(1) Any steps taken by the Department of Defense to meet 

the Government-wide goal of participation by small business 

concerns owned and controlled by service-disabled veterans in 

at least 3 percent of the total value of all prime contract and 

subcontract awards, as required under section 15(g) of the 

Small Business Act (15 U.S.C. 644(g)). 

(2) If the Department of Defense has failed to meet such 

goal, an explanation of the reasons for such failure. 

(3) Any steps taken within the Department of Defense to 

make contracting officers aware of the 3 percent goal and to ensure that procurement officers are working actively to achieve 

such goal. 

(4) An estimate of the number of appropriately qualified 

small business concerns owned and controlled by service-disabled veterans which submitted responsive offers on contracts 

with the Department of Defense during the preceding fiscal 

year. 

(5) Any outreach efforts made by the Department to enter 

into contracts with small business concerns owned and controlled by service-disabled veterans. 

(6) Any additional outreach efforts the Department should 

make. 

(7) The appropriate role of prime contractors in achieving 

goals established for small business concerns owned and controlled by service-disabled veterans under section 36 of the 

Small Business Act (15 U.S.C. 657f). 


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(c) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on 

the findings of the study conducted under this section. 

(d) SMALL BUSINESS CONCERN OWNED AND CONTROLLED BY

SERVICE-DISABLED VETERANS.—In this section, the term ‘‘small 

business concern owned and controlled by service-disabled veterans’’ has the meaning given that term in section 3(q) of the Small Business Act (15 U.S.C. 632(q)). 

TITLE IX—DEPARTMENT OF DEFENSE 

ORGANIZATION AND MANAGEMENT 

Subtitle A—General Department of Defense Management Matters 

Sec. 901. Parity in pay levels among Under Secretary positions. 

Sec. 902. Expansion of eligibility for leadership of Department of Defense Test Resource Management Center. 

Sec. 903. Standardization of authority for acceptance of gifts and donations for Department of Defense regional centers for security studies. 

Sec. 904. Directors of Small Business Programs in Department of Defense and military departments. 

Sec. 905. Plan to defend the homeland against cruise missiles and other low-altitude aircraft. 

Sec. 906. Provision of audiovisual support services by White House Communications 

Agency on nonreimbursable basis. 

Sec. 907. Report on establishment of a Deputy Secretary of Defense for Management. 

Sec. 908. Responsibility of the Joint Chiefs of Staff as military advisers to the 

Homeland Security Council. 

Sec. 909. Improvement in health care services for residents of Armed Forces Retirement Home. 

Subtitle B—Space Activities 

Sec. 911. Space Situational Awareness Strategy and space control mission review. 

Sec. 912. Military satellite communications. 

Sec. 913. Operationally responsive space. 

Sec. 914. Report on use of Space Radar for topographical mapping for scientific and 

civil purposes. 

Sec. 915. Sense of Congress regarding national security aspect of United States preeminence in human spaceflight. 

Subtitle C—Chemical Demilitarization Program 

Sec. 921. Clarification of Cooperative Agreement Authority under Chemical Demilitarization Program. 

Sec. 922. Chemical demilitarization facilities. 

Subtitle D—Intelligence-Related Matters 

Sec. 931. Department of Defense Strategy for Open-Source Intelligence. 

Sec. 932. Comprehensive inventory of Department of Defense Intelligence and Intelligence-related programs and projects. 

Sec. 933. Operational files of the Defense Intelligence Agency. 

Subtitle A—General Department of Defense 

Management Matters 

SEC. 901. PARITY IN PAY LEVELS AMONG UNDER SECRETARY POSITIONS. 

(a) POSITIONS OF UNDER SECRETARIES OF MILITARY DEPARTMENTS RAISED TO LEVEL III OF THE EXECUTIVE SCHEDULE.—Section 5314 of title 5, United States Code, is amended by inserting 

after ‘‘Under Secretary of Defense for Intelligence’’ the following: 


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‘‘Under Secretary of the Air Force. 

‘‘Under Secretary of the Army. 

‘‘Under Secretary of the Navy.’’. 

(b) CONFORMING AMENDMENT.—Section 5315 of such title is 

amended by striking the following: 

‘‘Under Secretary of the Air Force. 

‘‘Under Secretary of the Army. 

‘‘Under Secretary of the Navy.’’. 

SEC. 902. EXPANSION OF ELIGIBILITY FOR LEADERSHIP OF DEPARTMENT OF DEFENSE TEST RESOURCE MANAGEMENT CENTER. 

(a) DIRECTOR OF CENTER.—Paragraph (1) of section 196(b) of 

title 10, United States Code, is amended by striking ‘‘commissioned 

officers’’ and all that follows through the end of the sentence and 

inserting ‘‘individuals who have substantial experience in the field 

of test and evaluation.’’. 

(b) DEPUTY DIRECTOR OF CENTER.—Paragraph (2) of such section is amended by striking ‘‘senior civilian officers and employees 

of the Department of Defense’’ and inserting ‘‘individuals’’. 

SEC. 903. STANDARDIZATION OF AUTHORITY FOR ACCEPTANCE OF 

GIFTS AND DONATIONS FOR DEPARTMENT OF DEFENSE 

REGIONAL CENTERS FOR SECURITY STUDIES. 

(a) AUTHORITY TO ACCEPT.—

(1) IN GENERAL.—Section 2611 of title 10, United States 

Code, is amended to read as follows: 

‘‘§ 2611. Regional centers for security studies: acceptance of 

gifts and donations 

‘‘(a) AUTHORITY TO ACCEPT GIFTS AND DONATIONS.—(1) Subject 

to subsection (c), the Secretary of Defense may, on behalf of any Department of Defense regional center for security studies, any combination of such centers, or such centers generally, accept from any 

source specified in subsection (b) any gift or donation for purposes 

of defraying the costs or enhancing the operation of such a center, 

combination of centers, or centers generally, as the case may be. 

‘‘(2) For purposes of this section, the Department of Defense regional centers for security studies are the following: 

‘‘(A) The George C. Marshall European Center for Security 

Studies. 

‘‘(B) The Asia-Pacific Center for Security Studies. 

‘‘(C) The Center for Hemispheric Defense Studies. 

‘‘(D) The Africa Center for Strategic Studies. 

‘‘(E) The Near East South Asia Center for Strategic Studies. 

‘‘(b) SOURCES.—The sources from which gifts and donations 

may be accepted under subsection (a) are the following: 

‘‘(1) The government of a State or a political subdivision of 

a State. 

‘‘(2) The government of a foreign country. 

‘‘(3) A foundation or other charitable organization, including a foundation or charitable organization that is organized or 

operates under the laws of a foreign country. 

‘‘(4) Any source in the private sector of the United States or 

a foreign country. 


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‘‘(c) LIMITATION.—The Secretary may not accept a gift or donation under subsection (a) if acceptance of the gift or donation would 

compromise or appear to compromise—

‘‘(1) the ability of the Department of Defense, any employee 

of the Department, or any member of the armed forces to carry 

out the responsibility or duty of the Department in a fair and 

objective manner; or 

‘‘(2) the integrity of any program of the Department, or of 

any person involved in such a program. 

‘‘(d) CRITERIA FOR ACCEPTANCE.—The Secretary shall prescribe 

written guidance setting forth the criteria to be used in determining 

whether the acceptance of a gift or donation would have a result described in subsection (c). 

‘‘(e) CREDITING OF FUNDS.—Funds accepted by the Secretary 

under section (a) shall be credited to appropriations available to the 

Department of Defense for the regional center, combination of centers, or centers generally for which accepted. Funds so credited shall 

be merged with the appropriations to which credited and shall be 

available for the regional center, combination of centers, or centers 

generally, as the case may be, for the same purposes as the appropriations with which merged. Any funds accepted under this section 

shall remain available until expended. 

‘‘(f) GIFT OR DONATION DEFINED.—In this section, the term ‘gift 

or donation’ means any gift or donation of funds, materials (including research materials), real or personal property, or services (including lecture services and faculty services).’’. 

(2) CLERICAL AMENDMENT.—The item relating to section 

2611 in the table of sections at the beginning of chapter 155 of 

such title is amended to read as follows: 

‘‘2611. Regional centers for security studies: acceptance of gifts and donations.’’. 

(b) ANNUAL REPORT ON GIFT ACCEPTANCE.—Section 184(b)(4) 

of title 10, United States Code, is amended by striking ‘‘under any 

of the’’ and all that follows and inserting ‘‘under section 2611 of this 

title.’’. 

(c) CONFORMING AMENDMENTS.—

(1) Section 1306 of the National Defense Authorization Act 

for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2892) is 

amended —

(A) by striking subsection (a); 

(B) by redesignating subsection (b) as subsection (a); 

(C) by striking ‘‘(1)’’ the first place it appears; 

(D) by redesignating paragraph (2) as subsection (b); 

(E) by inserting ‘‘SOURCE OF FUNDS.—’’ before ‘‘Costs 

for’’; and 

(F) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’. (2) Section 1065 of the National Defense Authorization Act 

for Fiscal Year 1997 (10 U.S.C. 113 note) is amended— (A) by striking subsection (a); and 

(B) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively. 

SEC. 904. DIRECTORS OF SMALL BUSINESS PROGRAMS IN DEPARTMENT OF DEFENSE AND MILITARY DEPARTMENTS. 

(a) REDESIGNATION OF EXISTING POSITIONS AND OFFICES.—


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(1) POSITIONS REDESIGNATED.—The following positions 

within the Department of Defense are redesignated as follows: 

(A) The Director of Small and Disadvantaged Business 

Utilization of the Department of Defense is redesignated as 

the Director of Small Business Programs of the Department 

of Defense. 

(B) The Director of Small and Disadvantaged Business 

Utilization of the Department of the Army is redesignated 

as the Director of Small Business Programs of the Department of the Army. 

(C) The Director of Small and Disadvantaged Business 

Utilization of the Department of the Navy is redesignated 

as the Director of Small Business Programs of the Department of the Navy. 

(D) The Director of Small and Disadvantaged Business 

Utilization of the Department of the Air Force is redesignated as the Director of Small Business Programs of the 

Department of the Air Force. 

(2) OFFICES REDESIGNATED.—The following offices within 

the Department of Defense are redesignated as follows: 

(A) The Office of Small and Disadvantaged Business 

Utilization of the Department of Defense is redesignated as 

the Office of Small Business Programs of the Department 

of Defense. 

(B) The Office of Small and Disadvantaged Business 

Utilization of the Department of the Army is redesignated 

as the Office of Small Business Programs of the Department of the Army. 

(C) The Office of Small and Disadvantaged Business 

Utilization of the Department of the Navy is redesignated 

as the Office of Small Business Programs of the Department of the Navy. 

(D) The Office of Small and Disadvantaged Business 

Utilization of the Department of the Air Force is redesignated as the Office of Small Business Programs of the Department of the Air Force. 

(3) REFERENCES.—Any reference in any law, regulation, 

document, paper, or other record of the United States to a position or office redesignated by paragraph (1) or (2) shall be 

deemed to be a reference to the position or office as so redesignated. 

(b) DEPARTMENT OF DEFENSE.—

(1) OSD POSITION AND OFFICE.—Chapter 4 of title 10, 

United States Code, is amended by adding at the end the following new section: 

‘‘§ 144. Director of Small Business Programs 

‘‘(a) DIRECTOR.—There is a Director of Small Business Programs in the Department of Defense. The Director is appointed by 

the Secretary of Defense. 

‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The Office of 

Small Business Programs of the Department of Defense is the office 

that is established within the Office of the Secretary of Defense 

under section 15(k) of the Small Business Act (15 U.S.C. 644(k)). 

The Director of Small Business Programs is the head of such office. 


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‘‘(c) DUTIES AND POWERS.—(1) The Director of Small Business 

Programs shall, subject to paragraph (2), perform such duties regarding small business programs of the Department of Defense, and 

shall exercise such powers regarding those programs, as the Secretary of Defense may prescribe. ‘‘(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), 

except for the designations of the Director and the Office, applies to 

the Director of Small Business Programs.’’. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the 

following new item: 

‘‘144. Director of Small Business Programs.’’. 

(c) DEPARTMENT OF THE ARMY.— (1) POSITION AND OFFICE.—Chapter 303 of title 10, United 

States Code, is amended by adding at the end the following 

new section: 

‘‘§ 3024. Director of Small Business Programs 

‘‘(a) DIRECTOR.—There is a Director of Small Business Programs in the Department of the Army. The Director is appointed by 

the Secretary of the Army. ‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The Office of 

Small Business Programs of the Department of the Army is the office that is established within the Department of the Army under 

section 15(k) of the Small Business Act (15 U.S.C. 644(k)). The Director of Small Business Programs is the head of such office. 

‘‘(c) DUTIES AND POWERS.—(1) The Director of Small Business 

Programs shall, subject to paragraph (2), perform such duties regarding small business programs of the Department of the Army, 

and shall exercise such powers regarding those programs, as the 

Secretary of the Army may prescribe. 

‘‘(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), 

except for the designations of the Director and the Office, applies to 

the Director of Small Business Programs.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the 

following new item: 

‘‘3024. Director of Small Business Programs.’’. 

(d) DEPARTMENT OF THE NAVY.—

(1) POSITION AND OFFICE.—Chapter 503 of title 10, United 

States Code, is amended by adding at the end the following 

new section: 

‘‘§ 5028. Director of Small Business Programs 

‘‘(a) DIRECTOR.—There is a Director of Small Business Programs in the Department of the Navy. The Director is appointed by 

the Secretary of the Navy. 

‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The Office of 

Small Business Programs of the Department of the Navy is the office that is established within the Department of the Navy under 

section 15(k) of the Small Business Act (15 U.S.C. 644(k)). The Director of Small Business Programs is the head of such office. 

‘‘(c) DUTIES AND POWERS.—(1) The Director of Small Business 

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garding small business programs of the Department of the Navy, 

and shall exercise such powers regarding those programs, as the 

Secretary of the Navy may prescribe. ‘‘(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), 

except for the designations of the Director and the Office, applies to 

the Director of Small Business Programs.’’. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the 

following new item: 

‘‘5028. Director of Small Business Programs.’’. 

(e) DEPARTMENT OF THE AIR FORCE.—

(1) POSITION AND OFFICE.—Chapter 803 of title 10, United 

States Code, is amended by adding at the end the following 

new section: 

‘‘§ 8024. Director of Small Business Programs 

‘‘(a) DIRECTOR.—There is a Director of Small Business Programs in the Department of the Air Force. The Director is appointed 

by the Secretary of the Air Force. 

‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The Office of 

Small Business Programs of the Department of the Air Force is the 

office that is established within the Department of the Air Force 

under section 15(k) of the Small Business Act (15 U.S.C. 644(k)). 

The Director of Small Business Programs is the head of such office. 

‘‘(c) DUTIES AND POWERS.—(1) The Director of Small Business 

Programs shall, subject to paragraph (2), perform such duties regarding small business programs of the Department of the Air 

Force, and shall exercise such powers regarding those programs, as 

the Secretary of the Air Force may prescribe. 

‘‘(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), 

except for the designations of the Director and the Office, applies to 

the Director of Small Business Programs.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the 

following new item: 

‘‘8024. Director of Small Business Programs.’’. 

SEC. 905. PLAN TO DEFEND THE HOMELAND AGAINST CRUISE MISSILES AND OTHER LOW-ALTITUDE AIRCRAFT. 

(a) PLAN REQUIRED.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit to 

the congressional defense committees a plan for the defense of the 

United States homeland against cruise missiles, unmanned aerial 

vehicles, and other low-altitude aircraft that may be launched in an 

attack against the United States homeland. 

(b) FOCUS OF PLAN.—In developing the plan, the Secretary 

shall focus on the role of Department of Defense components in the 

defense of the homeland against an attack described in subsection 

(a), but shall also address the role, if any, of other departments and 

agencies of the United States Government in that defense. 

(c) ELEMENTS OF PLAN.—The plan shall include the following: 

(1) The identification of an official or office within the Department of Defense to be responsible for coordinating the implementation of the plan described in subsection (a) from both 

an operational and acquisition perspective. 


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(2) Identification of (A) the capabilities required by the Department of Defense in order to fulfill the mission of the Department to defend the homeland against attack by cruise missiles, 

unmanned aerial vehicles, and other low-altitude aircraft, and 

(B) any current shortfall in those capabilities. 

(3) Identification of each element of the Department of Defense that will be responsible under the plan for acquisition in 

order to achieve one or more of the capabilities identified pursuant to paragraph (2). 

(4) A schedule for implementing the plan. 

(5) A statement of the funding required to implement the 

Department of Defense portion of the plan. 

(6) An identification of the roles and missions, if any, of 

other departments and agencies of the United States Government in contributing to the defense of the homeland against attack described in paragraph (2). 

(d) SCOPE OF PLAN.—The plan shall be coordinated with plans 

of the Department of Defense for defending the United States homeland against attack by short-range to medium-range ballistic missiles. 

SEC. 906. PROVISION OF AUDIOVISUAL SUPPORT SERVICES BY WHITE 

HOUSE COMMUNICATIONS AGENCY ON NONREIMBURSABLE BASIS. 

(a) PROVISION ON NONREIMBURSABLE BASIS.—Section 912 of 

the National Defense Authorization Act for Fiscal Year 1997 (10 

U.S.C. 111 note) is amended—

(1) in subsection (a)—

(A) in the subsection heading, by inserting ‘‘AND AUDIOVISUAL SUPPORT SERVICES’’ after ‘‘TELECOMMUNICATIONS

SUPPORT’’; and 

(B) by inserting ‘‘and audiovisual support services’’

after ‘‘provision of telecommunications support’’; and 

(2) in subsection (b), by inserting ‘‘and audiovisual’’ after 

‘‘other than telecommunications’’. 

(b) REPEAL OF OBSOLETE PROVISIONS.—Such section is further 

amended by striking subsections (d), (e), and (f). 

SEC. 907. REPORT ON ESTABLISHMENT OF A DEPUTY SECRETARY OF 

DEFENSE FOR MANAGEMENT. 

(a) STUDY REQUIRED.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary of Defense shall, as determined by the Secretary, select one or two Federally Funded Research and Development Centers to conduct a study of the feasibility 

and advisability of establishing a Deputy Secretary of Defense for 

Management. The Secretary shall provide for each Center conducting a study under this section to submit a report on such study 

to the Secretary and to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives not later than December 1, 2006. 

(b) CONTENT OF STUDY.—Each study under this section shall 

address—

(1) the extent to which the establishment of a Deputy Secretary of Defense for Management would—

(A) improve the management of the Department of Defense; 


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(B) expedite the process of management reform in the 

Department; and 

(C) enhance the implementation of business systems 

modernization in the Department; 

(2) the appropriate relationship of the Deputy Secretary of 

Defense for Management to other Department of Defense officials; 

(3) the appropriate term of service for a Deputy Secretary 

of Defense for Management; and 

(4) the experience of any other Federal agencies that have 

instituted similar management positions. 

(c) DEPUTY SECRETARY FOR MANAGEMENT POSITION DE- SCRIBED.—For the purposes of this section, a Deputy Secretary of 

Defense for Management is an official who— (1) serves as the Chief Management Officer of the Department of Defense; 

(2) is the principal advisor to the Secretary of Defense on 

matters relating to the management of the Department of Defense, including defense business activities, to ensure Department-wide capability to carry out the strategic plan of the Department of Defense in support of national security objectives; 

and 

(3) takes precedence in the Department of Defense immediately after the Deputy Secretary of Defense. 

SEC. 908. RESPONSIBILITY OF THE JOINT CHIEFS OF STAFF AS MILITARY ADVISERS TO THE HOMELAND SECURITY COUNCIL. 

(a) RESPONSIBILITY AS MILITARY ADVISERS.— (1) IN GENERAL.—Subsection (b) of section 151 of title 10, 

United States Code, is amended— (A) in paragraph (1), by inserting ‘‘the Homeland Security Council,’’ after ‘‘the National Security Council,’’; and 

(B) in paragraph (2), by inserting ‘‘the Homeland Security Council,’’ after ‘‘the National Security Council,’’. (2) CONSULTATION BY CHAIRMAN.—Subsection (c)(2) of such 

section is amended by inserting ‘‘the Homeland Security Council,’’ after ‘‘the National Security Council,’’ both places it appears. 

(3) ADVICE AND OPINIONS OF MEMBERS OTHER THAN CHAIRMAN.—Subsection (d) of such section is amended—

(A) in paragraph (1), by inserting ‘‘the Homeland Security Council,’’ after ‘‘the National Security Council,’’ both 

places it appears; and 

(B) in paragraph (2), by inserting ‘‘the Homeland Security Council,’’ after ‘‘the National Security Council,’’. 

(4) ADVICE ON REQUEST.—Subsection (e) of such section is 

amended by inserting ‘‘the Homeland Security Council,’’ after 

‘‘the National Security Council,’’ both places it appears. 

(b) ATTENDANCE AT MEETING OF HOMELAND SECURITY COUNCIL.—Section 903 of the Homeland Security Act of 2002 (6 U.S.C. 

493) is amended—

(1) by inserting ‘‘(a) MEMBERS—’’ before ‘‘The members’’; 

and 

(2) by adding at the end the following new subsection: 

‘‘(b) ATTENDANCE OF CHAIRMAN OF JOINT CHIEFS OF STAFF AT

MEETINGS.— The Chairman of the Joint Chiefs of Staff (or, in the 


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absence of the Chairman, the Vice Chairman of the Joint Chiefs of 

Staff) may, in the role of the Chairman of the Joint Chiefs of Staff 

as principal military adviser to the Council and subject to the direction of the President, attend and participate in meetings of the 

Council.’’. 

SEC. 909. IMPROVEMENT IN HEALTH CARE SERVICES FOR RESIDENTS 

OF ARMED FORCES RETIREMENT HOME. 

(a) AVAILABILITY OF PHYSICIANS AND DENTISTS; MEDICAL CARE

TRANSPORTATION.—Section 1513 of the Armed Forces Retirement 

Home Act of 1991 (24 U.S.C. 413) is amended—

(1) in subsection (a), by striking ‘‘subsection (b)’’ and inserting ‘‘subsections (b), (c), and (d)’’; 

(2) in the third sentence of subsection (b), by striking ‘‘The’’

and inserting ‘‘Except as provided in subsection (d), the’’; and 

(3) by adding at the end the following new subsections: 

‘‘(c) AVAILABILITY OF PHYSICIANS AND DENTISTS.—(1) In providing for the health care needs of residents at a facility of the Retirement Home under subsection (b), the Retirement Home shall 

have a physician and a dentist—

‘‘(A) available at the facility during the daily business 

hours of the facility; and 

‘‘(B) available on an on-call basis at other times. 

‘‘(2) The physicians and dentists required by this subsection 

shall have the skills and experience suited to residents of the facility 

served by the physicians and dentists. 

‘‘(3) To ensure the availability of health care services for residents of a facility of the Retirement Home, the Chief Operating Officer, in consultation with the Medical Director, shall establish uniform standards, appropriate to the medical needs of the residents, 

for access to health care services during and after the daily business 

hours of the facility. 

‘‘(d) TRANSPORTATION TO MEDICAL CARE OUTSIDE RETIREMENT

HOME FACILITIES.—(1) With respect to each facility of the Retirement Home, the Retirement Home shall provide daily scheduled 

transportation to nearby medical facilities used by residents of the 

facility. The Retirement Home may provide, based on a determination of medical need, unscheduled transportation for a resident of 

the facility to any medical facility located not more than 30 miles 

from the facility for the provision of necessary and urgent medical 

care for the resident. 

‘‘(2) The Retirement Home may not collect a fee from a resident 

for transportation provided under this subsection.’’. 

(b) COMPTROLLER GENERAL ASSESSMENT.—Not later than 180 

days after the date of the enactment of this Act, the Comptroller 

General shall submit to the Committee on Armed Services of the 

Senate and the Committee on Armed Services of the House of Representatives a report containing—

(1) an assessment of the regulatory oversight and monitoring of health care and nursing home care services provided 

by the Armed Forces Retirement Home; and 

(2) such recommendations as the Comptroller General considers appropriate in light of the results of the assessment. 


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Subtitle B—Space Activities 

SEC. 911. SPACE SITUATIONAL AWARENESS STRATEGY AND SPACE 

CONTROL MISSION REVIEW. 

(a) FINDINGS.—The Congress finds that—

(1) the Department of Defense has the responsibility, within 

the executive branch, for developing the strategy and the systems of the United States for ensuring freedom to operate 

United States space assets affecting national security; and 

(2) the foundation of any credible strategy for ensuring freedom to operate United States space assets is a comprehensive 

system for space situational awareness. 

(b) SPACE SITUATIONAL AWARENESS STRATEGY.—

(1) REQUIREMENT.—The Secretary of Defense shall develop 

a strategy, to be known as the ‘‘Space Situational Awareness 

Strategy’’, for ensuring freedom to operate United States space 

assets affecting national security. The Secretary shall submit 

the Space Situational Awareness Strategy to Congress not later 

than April 15, 2006. The Secretary shall submit to Congress an 

updated, current version of the strategy not later than April 15 

of every odd-numbered year thereafter. 

(2) TIME PERIODS.—The Space Situational Awareness 

Strategy shall cover—

(A) the 20-year period from 2006 through 2025; and 

(B) three separate successive periods, the first beginning with 2006, designed to align with the next three periods for the Future-Years Defense Plan. 

(3) MATTERS TO BE INCLUDED.—The Space Situational 

Awareness Strategy shall include the following for each period 

specified in paragraph (2): 

(A) A threat assessment describing the perceived 

threats to United States space assets affecting national security. 

(B) A list of the desired effects and required space situational awareness capabilities required for national security. 

(C) Details for a coherent and comprehensive strategy 

for the United States for space situational awareness, together with a description of the systems architecture to implement that strategy in light of the threat assessment and 

the desired effects and required capabilities identified 

under subparagraphs (A) and (B). 

(D) The space situational awareness capabilities roadmap required by subsection (c). 

(c) SPACE SITUATIONAL AWARENESS CAPABILITIES ROADMAP.—

The Space Situational Awareness Strategy shall include a roadmap, 

to be known as the ‘‘space situational awareness capabilities roadmap’’, which shall include the following: 

(1) A description of each of the individual program concepts 

that will make up the systems architecture described pursuant 

to subsection (b)(3)(C). 

(2) For each such program concept, a description of the specific capabilities to be achieved and the threats to be abated. 

(d) SPACE SITUATIONAL AWARENESS IMPLEMENTATION PLAN.—


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(1) REQUIREMENT.—The Secretary of the Air Force shall develop a plan, to be known as the ‘‘space situational awareness 

implementation plan’’, for the development of the systems architecture described pursuant to subsection (b)(3)(C). 

(2) MATTERS TO BE INCLUDED.—The space situational 

awareness implementation plan shall include a description of 

the following: 

(A) The capabilities of all systems deployed as of mid2005 or planned for modernization or acquisition from 

2006 to 2015. 

(B) Recommended solutions for inadequacies in the architecture to address threats and the desired effects and required capabilities identified under subparagraphs (A) and 

(B) of subsection (b)(3). 

(e) SPACE CONTROL MISSION REVIEW AND ASSESSMENT.— (1) REQUIREMENT.—The Secretary of Defense shall provide 

for a review and assessment of the requirements of the Department of Defense for the space control mission. The review and 

assessment shall be conducted by an entity of the Department 

of Defense outside of the Department of the Air Force. 

(2) MATTERS TO BE INCLUDED.—The review and assessment 

under paragraph (1) shall consider the following: 

(A) Whether current activities of the Department of Defense match current requirements of the Department for the 

current space control mission. 

(B) Whether there exists proper allocation of appropriate resources to fulfill the current space control mission. 

(C) The plans of the Department of Defense for the future space control mission. 

(3) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the congressional defense committees a report on the results of 

the review and assessment under paragraph (1). The report 

shall include the following: 

(A) The findings and conclusions of the entity conducting the review and assessment on (A) requirements of 

the Department of Defense for the space control mission, 

and (B) the efforts of the Department to meet those requirements. 

(B) Recommendations regarding the best means by 

which the Department may meet those requirements. 

(4) SPACE CONTROL MISSION DEFINED.—In this subsection, 

the term ‘‘space control mission’’ means the mission of the Department of Defense involving the following: 

(A) Space situational awareness. 

(B) Defensive counterspace operations. 

(C) Offensive counterspace operations. 

SEC. 912. MILITARY SATELLITE COMMUNICATIONS. 

(a) FINDINGS.—Congress finds the following: 

(1) Military requirements for satellite communications exceed the capability of on-orbit assets as of mid-2005. 

(2) To meet future military requirements for satellite communications, the Secretary of the Air Force has initiated a highly complex and revolutionary program called the Transformational Satellite Communications System (TSAT). 


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(3) If the program referred to in paragraph (2) experiences 

setbacks that prolong the development and deployment of the 

capability to be provided by that program, the Secretary of the 

Air Force must be prepared to implement contingency programs 

to achieve interim improvements in the capabilities of satellite 

communications to meet military requirements through upgrades to current systems. 

(b) DEVELOPMENT OF OPTIONS.—In order to prepare for the contingency referred to in subsection (a)(3), the Director of the National 

Security Space Office of the Department of Defense shall provide for 

an assessment, to be conducted by an entity outside the Department 

of Defense, to develop and compare options for the individual acquisition of additional Advanced Extremely High Frequency space vehicles, in conjunction with modifications to future acquisitions under 

the Wideband Gapfiller System program, that will accomplish the 

following: 

(1) Minimize nonrecurring costs. 

(2) Improve communications-on-the-move capabilities. 

(3) Increase net centricity for communications. 

(4) Increase satellite throughput. 

(5) Increase user connectivity. 

(6) Improve airborne communications support. 

(7) Minimize effects of a break in production. 

(8) Minimize risk associated with gaps in functional availability of on-orbit assets. 

(c) ANALYSIS OF ALTERNATIVES REPORT.—Not later than April 

15, 2006, the Director of the National Security Space Office shall 

submit to Congress a report providing an analysis of alternatives 

with respect to the options developed pursuant to subsection (b). The 

analysis of alternatives shall be prepared taking into consideration 

the findings and recommendations of the independent assessment 

conducted under subsection (b). 

SEC. 913. OPERATIONALLY RESPONSIVE SPACE. 

(a) JOINT OPERATIONALLY RESPONSIVE SPACE PAYLOAD TECH- NOLOGY ORGANIZATION.— (1) IN GENERAL.—The Secretary of Defense shall establish 

or designate an organization in the Department of Defense to 

coordinate joint operationally responsive space payload technology. 

(2) MASTER PLAN.—The organization established or designated under paragraph (1) shall produce an annual master 

plan for coordination of operationally responsive space payload 

technology and shall coordinate resources provided to stimulate 

technical development of small satellite payloads. The annual 

master plan shall describe focus areas for development of operationally responsive space payload technology, including—

(A) miniaturization technology for satellite payloads; 

(B) increased sensor acuity; 

(C) concept of operations exploration; 

(D) increased processor capability; and 

(E) such additional matters as the head of that organization determines appropriate. 

(3) REQUESTS FOR PROPOSALS.—The Secretary of Defense, 

acting through the Director of the Office of Force Transformation, shall award contracts, from amounts available for 


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that purpose for any fiscal year, for technology projects that 

support the focus areas set out in the master plan for development of operationally responsive space payload technology. 

(4) ASSESSMENT FACTORS.—In assessing any proposal submitted for a contract under paragraph (3), the Secretary shall 

consider —

(A) how the proposal correlates to the goals articulated 

in the master plan under paragraph (2) and to the National Security Space Architecture; and 

(B) the probability, for the project for which the proposal is submitted, of eventual transition either to a laboratory of one of the military departments for continued development or to a joint program office for operational deployment. 

(b) REPORT ON JOINT PROGRAM OFFICE FOR TACSAT.—Not 

later than February 28, 2006, the Secretary of Defense shall submit 

to the congressional defense committees a report providing a plan 

for the creation of a joint program office for the Tactical Satellite 

program and for transition of that program out of the Office of 

Force Transformation and to the administration of the joint program office. The report shall be prepared in conjunction with the 

Department of Defense executive agent for space. 

(c) JOINT REPORT ON CERTAIN SPACE AND MISSILE DEFENSE

ACTIVITIES.—Not later than February 28, 2006, the Department of 

Defense executive agent for space and the Director of the Missile Defense Agency shall submit to the Committee on Armed Services of 

the Senate and the Committee on Armed Services of the House of 

Representatives a joint report on the value of each of the following: 

(1) Increased use of the Rocket Systems Launch Program 

for the respective missions of the Department of the Air Force 

and the Missile Defense Agency. 

(2) An agreement between the Director of the Missile Defense Agency and the Secretary of the Air Force for eventual 

transition of operational control of small satellite demonstrations from the Missile Defense Agency to the Department of the 

Air Force. 

(3) A partnership between the Missile Defense Agency and 

the Department of the Air Force in the development of common 

high-altitude and near-space assets for the respective missions 

of the Missile Defense Agency and the Department of the Air 

Force. 

SEC. 914. REPORT ON USE OF SPACE RADAR FOR TOPOGRAPHICAL 

MAPPING FOR SCIENTIFIC AND CIVIL PURPOSES. 

(a) REPORT REQUIRED.—Not later than October 1, 2006, the 

Secretary of Defense shall submit to the congressional defense committees a report on the feasibility and advisability of using systems 

developed within the Space Radar program of the Department of 

Defense for purposes of providing coastal zone and other topographical mapping information, and related information, to the scientific community and other elements of the private sector for scientific and civil purposes. 

(b) REPORT ELEMENTS.—The report required by subsection (a) 

shall include the following: 


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(1) A description and evaluation of any use of Space Radar 

systems for scientific or civil purposes that is identified by the 

Secretary for purposes of the report. 

(2) A description and evaluation of any addition or modification to Space Radar systems that is identified by the Secretary for purposes of the report that would increase the utility 

of those systems to the scientific community or other elements 

of the private sector for scientific or civil purposes, including the 

use of additional frequencies, the development or enhancement 

of ground systems, and the enhancement of operations. 

(3) A description and evaluation of the effects, if any, on the 

primary missions of the Space Radar, and on the development 

of the Space Radar, of the use of systems developed within the 

Space Radar program for scientific or civil purposes. 

(4) A description of the costs of any addition or modification identified pursuant to paragraph (2). 

(5) A description of the process for developing and validating requirements for the Space Radar, including the involvement of the Civil Applications Committee or other organizations 

outside the Department of Defense. 

(6) A description and evaluation of the processes that would 

be used to modify Space Radar systems in order to meet the 

needs of the scientific community, or other elements of the private sector with respect to the use of those systems for scientific 

or civil purposes, and for meeting the costs of such modifications. 

SEC. 915. SENSE OF CONGRESS REGARDING NATIONAL SECURITY ASPECT OF UNITED STATES PREEMINENCE IN HUMAN 

SPACEFLIGHT. 

(a) FINDINGS.—The Congress finds that the following: 

(1) Preeminence by the United States in human spaceflight 

allows the United States to project leadership around the world 

and forms an important component of United States national 

security. 

(2) Continued development of human spaceflight in lowEarth orbit, on the Moon, and beyond adds to the overall national strategic posture. 

(3) Human spaceflight enables continued stewardship of the 

region between the Earth and the Moon—an area that is critical 

and of growing national and international security relevance. 

(4) Human spaceflight provides unprecedented opportunities for the United States to lead peaceful and productive international relationships with the world community in support of 

United States security and geo-political objectives. 

(5) An increasing number of nations are pursuing human 

spaceflight and space-related capabilities, including China and 

India. 

(6) Past investments in human spaceflight capabilities represent a national resource that can be built upon and leveraged 

for a broad range of purposes, including national and economic 

security. 

(7) The industrial base and capabilities represented by the 

Space Transportation System (popularly referred to as the 

‘‘space shuttle’’) provide a critical launch capability for the Nation. 


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(b) SENSE OF CONGRESS.—It is the sense of Congress that it is 

in the national security interest of the United States to maintain 

preeminence in human spaceflight. 

Subtitle C—Chemical Demilitarization 

Program 

SEC. 921. CLARIFICATION OF COOPERATIVE AGREEMENT AUTHORITY 

UNDER CHEMICAL DEMILITARIZATION PROGRAM. 

(a) AGREEMENTS WITH FEDERALLY RECOGNIZED INDIAN TRIBAL

ORGANIZATIONS.—Section 1412(c)(4) of the Department of Defense 

Authorization Act, 1986 (50 U.S.C. 1521(c)(4)), is amended— (1) by inserting ‘‘(A)’’ after ‘‘(4)’’; 

(2) in the first sentence— (A) by inserting ‘‘and to tribal organizations’’ after ‘‘to 

State and local governments’’; and 

(B) by inserting ‘‘and tribal organizations’’ after ‘‘assist 

those governments’’ (3) by designating the text beginning ‘‘Additionally, the Secretary ’’ as subparagraph (B); 

(4) in the first sentence of subparagraph (B), as designated 

by paragraph (3), by inserting ‘‘, and with tribal organizations,’’ after ‘‘with State and local governments’’; and 

(5) by adding at the end the following: ‘‘(C) In this paragraph, the term ‘tribal organization’ has the 

meaning given that term in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)).’’. (b) EFFECTIVE DATE.—The amendments made by subsection 

(a)— (1) take effect as of December 5, 1991; and 

(2) apply with respect to any cooperative agreement entered 

into on or after that date. 

SEC. 922. CHEMICAL DEMILITARIZATION FACILITIES. 

(a) AUTHORITY TO USE RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION FUNDS TO CONSTRUCT FACILITIES.—The Secretary of 

Defense may, using amounts authorized to be appropriated by section 201(4) for research, development, test, and evaluation, Defensewide and available for chemical weapons demilitarization activities 

under the Assembled Chemical Weapons Alternatives program, 

carry out construction projects, or portions of construction projects, 

for facilities necessary to support chemical demilitarization operations at each of the following: 

(1) Pueblo Army Depot, Colorado. 

(2) Blue Grass Army Depot, Kentucky. 

(b) SCOPE OF AUTHORITY.—The authority in subsection (a) to 

carry out a construction project for facilities includes authority to 

carry out planning and design and the acquisition of land for the 

construction or improvement of such facilities. 

(c) LIMITATION ON AMOUNT OF FUNDS.—The amount of funds 

that may be utilized under the authority in subsection (a) may not 

exceed $51,000,000. 

(d) DURATION OF AUTHORITY.—A construction project, or portion of a construction project, may not be commenced under the authority in subsection (a) after September 30, 2006. 


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(e) NOTICE AND WAIT.—The Secretary may not carry out a construction project, or portion of a construction project, under the authority in subsection (a) until the end of the 21-day period beginning 

on the date on which the Secretary submits to the congressional defense committees notice of the Secretary’s intent to carry out such 

project and confirms his intent to seek funding for these projects beginning in fiscal year 2007 through the military construction appropriations accounts. 

Subtitle D—Intelligence-Related Matters 

SEC. 931. DEPARTMENT OF DEFENSE STRATEGY FOR OPEN-SOURCE 

INTELLIGENCE. 

(a) FINDINGS.—Congress makes the following findings: 

(1) Open-source intelligence (OSINT) is intelligence that is 

produced from publicly available information and is collected, 

exploited, and disseminated in a timely manner to an appropriate audience for the purpose of addressing a specific intelligence requirement. 

(2) With the Information Revolution, the amount, significance, and accessibility of open-source information has expanded significantly, but the intelligence community has not expanded its exploitation efforts and systems to produce opensource intelligence. 

(3) The production of open-source intelligence is a valuable 

intelligence discipline that must be integrated into intelligence 

tasking, collection, processing, exploitation, and dissemination 

to ensure that United States policymakers are fully and completely informed. 

(4) The dissemination and use of validated open-source intelligence inherently enables information sharing since opensource intelligence is produced without the use of sensitive 

sources and methods. Open-source intelligence products can be 

shared with the American public and foreign allies because of 

the unclassified nature of open-source intelligence. 

(5) The National Commission on Terrorist Attacks Upon 

the United States (popularly referred to as the ‘‘9/11 Commission’’), in its final report released on July 22, 2004, identified 

shortfalls in the ability of the United States to use all-source intelligence, a large component of which is open-source intelligence. 

(6) In the Intelligence Reform and Terrorism Prevention Act 

of 2004 (Public Law 108–458), Congress calls for coordination 

of the collection, analysis, production, and dissemination of 

open-source intelligence. 

(7) The Commission on the Intelligence Capabilities of the 

United States Regarding Weapons of Mass Destruction, in its 

report to the President released on March 31, 2005, found that 

‘‘the need for exploiting open-source material is greater now 

than ever before,’’ but that ‘‘the Intelligence Community’s open 

source programs have not expanded commensurate with either 

the increase in available information or with the growing importance of open source data to today’s problems’’. 

(b) DEPARTMENT OF DEFENSE STRATEGY FOR OPEN-SOURCE INTELLIGENCE.—


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(1) DEVELOPMENT OF STRATEGY.—The Secretary of Defense 

shall develop a strategy for the purpose of integrating opensource intelligence into the Defense intelligence process. The 

strategy shall be known as the ‘‘Defense Strategy for OpenSource Intelligence’’. The strategy shall be incorporated within 

the larger Defense intelligence strategy. 

(2) SUBMISSION.—The Secretary shall submit to Congress a 

report setting forth the strategy developed under paragraph (1). 

The report shall be submitted not later than 180 days after the 

date of the enactment of this Act. 

(c) MATTERS TO BE INCLUDED.—The strategy under subsection 

(b) shall include the following 

(1) A plan for providing funds over the period of the futureyears defense program for the development of a robust opensource intelligence capability for the Department of Defense, 

with particular emphasis on exploitation and dissemination. 

(2) A description of how management of the collection of 

open-source intelligence is currently conducted within the Department of Defense and how that management can be improved. 

(3) A description of the tools, systems, centers, organizational entities, and procedures to be used within the Department of Defense to perform open-source intelligence tasking, collection, processing, exploitation, and dissemination. 

(4) A description of proven tradecraft for effective exploitation of open-source intelligence, to include consideration of 

operational security. 

(5) A detailed description on how open-source intelligence 

will be fused with all other intelligence sources across the Department of Defense. 

(6) A description of— (A) a training plan for Department of Defense intelligence personnel with respect to open-source intelligence; 

and 

(B) open-source intelligence guidance for Department of 

Defense intelligence personnel. 

(7) A plan to incorporate the function of oversight of opensource intelligence—

(A) into the Office of the Undersecretary of Defense for 

Intelligence; and 

(B) into service intelligence organizations. 

(8) A plan to incorporate and identify an open-source intelligence specialty into personnel systems of the Department of 

Defense, including military personnel systems. 

(9) A plan for the use of intelligence personnel of the reserve 

components to augment and support the open-source intelligence mission. 

(10) A plan for the use of the Open-Source Information System for the purpose of exploitation and dissemination of opensource intelligence. 

SEC. 932. COMPREHENSIVE INVENTORY OF DEPARTMENT OF DEFENSE 

INTELLIGENCE AND INTELLIGENCE-RELATED PROGRAMS 

AND PROJECTS. 

(a) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the conVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00309 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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gressional committees specified in subsection (b) a report providing 

a comprehensive inventory of Department of Defense intelligence 

and intelligence-related programs and projects. The Secretary shall 

prepare the inventory in consultation with the Director of National 

Intelligence, as appropriate. 

(b) COMMITTEES.—The congressional committees referred to in 

subsection (a) are the following: 

(1) The Committee on Armed Services and the Select Committee on Intelligence of the Senate. 

(2) The Committee on Armed Services and the Permanent 

Select Committee on Intelligence of the House of Representatives. 

SEC. 933. OPERATIONAL FILES OF THE DEFENSE INTELLIGENCE 

AGENCY. 

(a) PROTECTION OF OPERATIONAL FILES OF DEFENSE INTEL- LIGENCE AGENCY.— (1) PROTECTION OF FILES.—Title VII of the National Security Act of 1947 (50 U.S.C. 431 et seq.) is amended by adding 

at the end the following new section: 

‘‘OPERATIONAL FILES OF THE DEFENSE INTELLIGENCE AGENCY

‘‘SEC. 705. (a) EXEMPTION OF OPERATIONAL FILES.—The Director of the Defense Intelligence Agency, in coordination with the Director of National Intelligence, may exempt operational files of the 

Defense Intelligence Agency from the provisions of section 552 of 

title 5, United States Code, which require publication, disclosure, 

search, or review in connection therewith. ‘‘(b) OPERATIONAL FILES DEFINED.—(1) In this section, the term ‘operational files’ means— ‘‘(A) files of the Directorate of Human Intelligence of the Defense Intelligence Agency (and any successor organization of 

that directorate) that document the conduct of foreign intelligence or counterintelligence operations or intelligence or security liaison arrangements or information exchanges with foreign 

governments or their intelligence or security services; and ‘‘(B) files of the Directorate of Technology of the Defense Intelligence Agency (and any successor organization of that directorate) that document the means by which foreign intelligence 

or counterintelligence is collected through technical systems. 

‘‘(2) Files that are the sole repository of disseminated intelligence are not operational files. ‘‘(c) SEARCH AND REVIEW FOR INFORMATION.—Notwithstanding 

subsection (a), exempted operational files shall continue to be subject to search and review for information concerning: 

‘‘(1) United States citizens or aliens lawfully admitted for 

permanent residence who have requested information on themselves pursuant to the provisions of section 552 or 552a of title 

5, United States Code. 

‘‘(2) Any special activity the existence of which is not exempt 

from disclosure under the provisions of section 552 of title 5, 

United States Code. 

‘‘(3) The specific subject matter of an investigation by any 

of the following for any impropriety, or violation of law, Executive Order, or Presidential directive, in the conduct of an intelligence activity: 


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‘‘(A) The Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives. ‘‘(B) The Committee on Armed Services and the Select 

Committee on Intelligence of the Senate. ‘‘(C) The Intelligence Oversight Board. 

‘‘(D) The Department of Justice. 

‘‘(E) The Office of General Counsel of the Department 

of Defense or of the Defense Intelligence Agency. ‘‘(F) The Office of Inspector General of the Department 

of Defense or of the Defense Intelligence Agency. ‘‘(G) The Office of the Director of the Defense Intelligence Agency. ‘‘(d) INFORMATION DERIVED OR DISSEMINATED FROM EXEMPTED

OPERATIONAL FILES.—(1) Files that are not exempted under subsection (a) that contain information derived or disseminated from 

exempted operational files shall be subject to search and review. 

‘‘(2) The inclusion of information from exempted operational 

files in files that are not exempted under subsection (a) shall not affect the exemption under subsection (a) of the originating operational files from search, review, publication, or disclosure. 

‘‘(3) The declassification of some of the information contained in 

an exempted operational file shall not affect the status of the operational file as being exempt from search, review, publication, or disclosure. 

‘‘(4) Records from exempted operational files that have been disseminated to and referenced in files that are not exempted under 

subsection (a) and that have been returned to exempted operational 

files for sole retention shall be subject to search and review. 

‘‘(e) ALLEGATION; IMPROPER WITHHOLDING OF RECORDS; JUDI- CIAL REVIEW.—(1) Except as provided in paragraph (2), whenever 

any person who has requested agency records under section 552 of 

title 5, United States Code, alleges that the Defense Intelligence 

Agency has withheld records improperly because of failure to comply 

with any provision of this section, judicial review shall be available 

under the terms set forth in section 552(a)(4)(B) of title 5, United 

States Code. 

‘‘(2) Judicial review shall not be available in the manner provided under paragraph (1) as follows: 

‘‘(A) In any case in which information specifically authorized under criteria established by an Executive order to be kept 

secret in the interest of national defense or foreign relations 

which is filed with, or produced for, the court by the Defense 

Intelligence Agency, such information shall be examined ex 

parte, in camera by the court. 

‘‘(B) The court shall determine, to the fullest extent practicable, issues of fact based on sworn written submissions of the 

parties. 

‘‘(C) When a complainant alleges that requested records 

were improperly withheld because of improper placement solely 

in exempted operational files, the complainant shall support 

such allegation with a sworn written submission based upon 

personal knowledge or otherwise admissible evidence. 

‘‘(D)(i) When a complainant alleges that requested records 

were improperly withheld because of improper exemption of 


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operational files, the Defense Intelligence Agency shall meet its 

burden under section 552(a)(4)(B) of title 5, United States Code, 

by demonstrating to the court by sworn written submission that 

exempted operational files likely to contain responsible records 

currently perform the functions set forth in subsection (b). ‘‘(ii) The court may not order the Defense Intelligence Agency to review the content of any exempted operational file or files 

in order to make the demonstration required under clause (i), 

unless the complainant disputes the Defense Intelligence Agency’s showing with a sworn written submission based on personal knowledge or otherwise admissible evidence. ‘‘(E) In proceedings under subparagraphs (C) and (D), the 

parties shall not obtain discovery pursuant to rules 26 through 

36 of the Federal Rules of Civil Procedure, except that requests 

for admission may be made pursuant to rules 26 and 36. ‘‘(F) If the court finds under this subsection that the Defense Intelligence Agency has improperly withheld requested 

records because of failure to comply with any provision of this 

subsection, the court shall order the Defense Intelligence Agency 

to search and review the appropriate exempted operational file 

or files for the requested records and make such records, or portions thereof, available in accordance with the provisions of section 552 of title 5, United States Code, and such order shall be 

the exclusive remedy for failure to comply with this section 

(other than subsection (f)). ‘‘(G) If at any time following the filing of a complaint pursuant to this paragraph the Defense Intelligence Agency agrees 

to search the appropriate exempted operational file or files for 

the requested records, the court shall dismiss the claim based 

upon such complaint. ‘‘(H) Any information filed with, or produced for the court 

pursuant to subparagraphs (A) and (D) shall be coordinated 

with the Director of National Intelligence before submission to 

the court. 

‘‘(f) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES.—(1) 

Not less than once every 10 years, the Director of the Defense Intelligence Agency and the Director of National Intelligence shall review 

the exemptions in force under subsection (a) to determine whether 

such exemptions may be removed from a category of exempted files 

or any portion thereof. The Director of National Intelligence must 

approve any determinations to remove such exemptions. ‘‘(2) The review required by paragraph (1) shall include consideration of the historical value or other public interest in the subject 

matter of the particular category of files or portions thereof and the 

potential for declassifying a significant part of the information contained therein. ‘‘(3) A complainant that alleges that the Defense Intelligence 

Agency has improperly withheld records because of failure to comply 

with this subsection may seek judicial review in the district court 

of the United States of the district in which any of the parties reside, or in the District of Columbia. In such a proceeding, the court’s 

review shall be limited to determining the following: 

‘‘(A) Whether the Defense Intelligence Agency has conducted 

the review required by paragraph (1) before the expiration of the 

10-year period beginning on the date of the enactment of this 


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section or before the expiration of the 10-year period beginning 

on the date of the most recent review. 

‘‘(B) Whether the Defense Intelligence Agency, in fact, considered the criteria set forth in paragraph (2) in conducting the 

required review. 

‘‘(g) TERMINATION.—This section shall cease to be effective on 

December 31, 2007.’’. 

(2) CLERICAL AMENDMENT.—The table of contents in the 

first section of the National Security Act of 1947 is amended by 

inserting after the item relating to section 704 the following new 

item: 

‘‘Sec. 705. Operational files of the Defense Intelligence Agency.’’. 

(b) SEARCH AND REVIEW OF CERTAIN OTHER OPERATIONAL

FILES.—The National Security Act of 1947 is further amended—

(1) in section 702(a)(3)(C) (50 U.S.C. 432(a)(3)(C)), by adding at the end the following new clause: 

‘‘(vi) The Office of the Inspector General of the National 

Geospatial-Intelligence Agency.’’; 

(2) in section 703(a)(3)(C) (50 U.S.C. 432a(a)(3)(C)), by 

adding at the end the following new clause: 

‘‘(vii) The Office of the Inspector General of the NRO.’’; 

and 

(3) in section 704(c)(3) (50 U.S.C. 432b(c)(3)), by adding at 

the end the following new subparagraph: 

‘‘(H) The Office of the Inspector General of the National 

Security Agency.’’. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. Transfer authority. 

Sec. 1002. Authorization of emergency supplemental appropriations for fiscal years 

2005 and 2006. 

Sec. 1003. Increase in fiscal year 2005 general transfer authority. 

Sec. 1004. Reports on feasibility and desirability of capital budgeting for major defense acquisition programs. 

Sec. 1005. United States contribution to NATO common-funded budgets in fiscal 

year 2006. 

Subtitle B—Naval Vessels and Shipyards 

Sec. 1011. Conveyance, Navy drydock, Seattle, Washington. 

Sec. 1012. Conveyance, Navy drydock, Jacksonville, Florida. 

Sec. 1013. Conveyance, Navy drydock, Port Arthur, Texas. 

Sec. 1014. Transfer of battleships U.S.S. WISCONSIN and U.S.S. IOWA. 

Sec. 1015. Transfer of ex-U.S.S. Forrest Sherman. 

Sec. 1016. Report on leasing of vessels to meet national defense sealift requirements. 

Sec. 1017. Establishment of the USS Oklahoma Memorial and other memorials at 

Pearl Harbor. 

Sec. 1018. Authority to use National Defense Sealift Fund to purchase certain maritime prepositioning ships currently under charter to the Navy. 

Subtitle C—Counter-Drug Activities 

Sec. 1021. Resumption of reporting requirement regarding Department of Defense 

expenditures to support foreign counter-drug activities. 

Sec. 1022. Clarification of authority for joint task forces to support law enforcement 

agencies conducting counter-terrorism activities. 

Sec. 1023. Sense of Congress regarding drug trafficking deterrence. 


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Subtitle D—Matters Related to Homeland Security 

Sec. 1031. Responsibilities of Assistant Secretary of Defense for Homeland Defense 

relating to nuclear, chemical, and biological emergency response. 

Sec. 1032. Testing of preparedness for emergencies involving nuclear, radiological, 

chemical, biological, and high-yield explosives weapons. 

Sec. 1033. Department of Defense chemical, biological, radiological, nuclear, and 

high-yield explosives response teams. 

Sec. 1034. Repeal of Department of Defense emergency response assistance program. 

Sec. 1035. Report on use of Department of Defense aerial reconnaissance assets to 

support Homeland Security border security missions. 

Subtitle E—Reports and Studies 

Sec. 1041. Review of Defense Base Act insurance. 

Sec. 1042. Report on Department of Defense response to findings and recommendations of Defense Science Board Task Force on High Performance 

Microchip Supply. 

Subtitle F—Other Matters 

Sec. 1051. Commission on the Implementation of the New Strategic Posture of the 

United States. 

Sec. 1052. Reestablishment of EMP Commission. 

Sec. 1053. Modernization of authority relating to security of defense property and facilities. 

Sec. 1054. Revision of Department of Defense counterintelligence polygraph program. 

Sec. 1055. Preservation of records pertaining to radioactive fallout from nuclear 

weapons testing. 

Sec. 1056. Technical and clerical amendments. 

Sec. 1057. Deletion of obsolete definitions in titles 10 and 32, United States Code. 

Sec. 1058. Support for youth organizations. 

Sec. 1059. Special immigrant status for persons serving as translators with United 

States Armed Forces. 

Sec. 1060. Expansion of emergency services under reciprocal agreements. 

Sec. 1061. Renewal of moratorium on return of veterans memorial objects to foreign 

nations without specific authorization in law. 

Sec. 1062. Sense of Congress on national security interest of maintaining aeronautics research and development. 

Sec. 1063. Airport certification. 

Subtitle G—Military Mail Matters 

Sec. 1071. Safe delivery of mail in military mail system. 

Subtitle A—Financial Matters 

SEC. 1001. TRANSFER AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— (1) AUTHORITY.—Upon determination by the Secretary of 

Defense that such action is necessary in the national interest, 

the Secretary may transfer amounts of authorizations made 

available to the Department of Defense in this division for fiscal 

year 2006 between any such authorizations for that fiscal year 

(or any subdivisions thereof). Amounts of authorizations so 

transferred shall be merged with and be available for the same 

purposes as the authorization to which transferred. 

(2) LIMITATION.—The total amount of authorizations that 

the Secretary may transfer under the authority of this section 

may not exceed $3,500,000,000. 

(b) LIMITATIONS.—The authority provided by this section to 

transfer authorizations—

(1) may only be used to provide authority for items that 

have a higher priority than the items from which authority is 

transferred; and 


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(2) may not be used to provide authority for an item that 

has been denied authorization by Congress. 

(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made 

from one account to another under the authority of this section shall 

be deemed to increase the amount authorized for the account to 

which the amount is transferred by an amount equal to the amount 

transferred. 

(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify 

Congress of each transfer made under subsection (a). 

SEC. 1002. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEARS 2005 AND 2006. 

(a) EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR DEFENSE, THE GLOBAL WAR ON TERROR, AND TSUNAMI RELIEF, 

2005.—Amounts authorized to be appropriated to the Department of 

Defense and the Department of Energy for fiscal year 2005 in the 

Ronald W. Reagan National Defense Authorization Act for Fiscal 

Year 2005 (Public Law 108–375) are hereby adjusted, with respect 

to any such authorized amount, by the amount by which appropriations pursuant to such authorization are increased by a supplemental appropriation or decreased by a rescission, or both, or are 

increased by a transfer of funds, pursuant to title I and chapter 2 

of title IV of division A of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law 109–13). 

(b) FIRST EMERGENCY SUPPLEMENTAL TO MEET NEEDS ARISING

FROM HURRICANE KATRINA.—Amounts authorized to be appropriated to the Department of Defense for fiscal year 2005 in the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 

2005 (Public Law 108–375) are hereby adjusted, with respect to any 

such authorized amount, by the amount by which appropriations 

pursuant to such authorized amount are increased by a supplemental appropriation, or by a transfer of funds, pursuant to the 

Emergency Supplemental Appropriations Act to Meet Immediate 

Needs Arising From the Consequences of Hurricane Katrina, 2005 

(Public Law 109–61). 

(c) SECOND EMERGENCY SUPPLEMENTAL TO MEET NEEDS ARISING FROM HURRICANE KATRINA.—Amounts authorized to be appropriated to the Department of Defense for fiscal year 2005 in the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 

2005 are hereby adjusted, with respect to any such authorized 

amount, by the amount by which appropriations pursuant to such 

authorized amount are increased by a supplemental appropriation, 

or by a transfer of funds, pursuant to the Second Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising 

From the Consequences of Hurricane Katrina, 2005 (Public Law 

109–62). 

(d) SUPPLEMENTAL APPROPRIATIONS FOR AVIAN FLU PREPAREDNESS.—Amounts authorized to be appropriated to the Department of 

Defense for fiscal year 2006 in this Act are hereby adjusted, with 

respect to any such authorized amount, by the amount by which appropriations pursuant to such authorized amount are increased by 

a supplemental appropriation, or by a transfer of funds, arising 

from the proposal of the President relating to avian flu preparedness that was submitted to Congress on November 1, 2006. 


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(e) AMOUNTS REALLOCATED FOR HURRICANE-RELATED DISASTER

RELIEF.—Amounts authorized to be appropriated to the Department 

of Defense for fiscal year 2006 in this Act are hereby adjusted, with 

respect to any such authorized amount, by the amount by which appropriations pursuant to such authorized amount are increased by 

a reallocation of funds from the Disaster Relief Fund of the Federal 

Emergency Management Agency arising from the proposal of the Director of the Office of Management and Budget on the reallocation 

of amounts for hurricane-related disaster relief that was submitted 

to the President on October 28, 2005, and transmitted to the Speaker of the House of Representatives on that date. 

(f) AMOUNTS FOR HUMANITARIAN ASSISTANCE FOR EARTHQUAKE

VICTIMS IN PAKISTAN.—There is authorized to be appropriated as 

emergency supplemental appropriations for the Department of Defense for fiscal year 2006, $40,000,000 for the use of the Department 

of Defense for overseas, humanitarian, disaster, and civic aid for the 

purpose of providing humanitarian assistance to the victims of the 

earthquake that devastated northern Pakistan on October 8, 2005. 

(g) REPORTS ON USE OF CERTAIN FUNDS.—

(1) REPORT ON USE OF EMERGENCY SUPPLEMENTAL

FUNDS.—Not later than six months after the date of the enactment of this Act, the Secretary of Defense shall submit to the 

congressional defense committees a report on the obligation and 

expenditure, as of that date, of any funds appropriated to the 

Department of Defense for fiscal year 2005 pursuant to the Acts 

referred to in subsections (a), (b), and (c) as authorized by such 

subsections. The report shall set forth— (A) the amounts so obligated and expended; and 

(B) the purposes for which such amounts were so obligated and expended. 

(2) REPORT ON EXPENDITURE OF REIMBURSABLE FUNDS.— The Secretary shall include in the report required by paragraph 

(1) a statement of any expenditure by the Department of Defense 

of funds that were reimbursable by the Federal Emergency 

Management Agency, or any other department or agency of the 

Federal Government, from funds appropriated in an Act referred to in subsection (a), (b), or (c) to such department or 

agency. 

(3) REPORT ON USE OF CERTAIN OTHER FUNDS.—Not later 

than May 15, 2006, and quarterly thereafter through November 

15, 2006, the Secretary shall submit to the congressional defense committees a report on the obligation and expenditure, 

during the previous fiscal year quarter, of any funds appropriated to the Department of Defense as specified in subsection 

(d) and any funds reallocated to the Department as specified in 

subsection (e). Each report shall, for the fiscal year quarter covered by such report, set forth— (A) the amounts so obligated and expended; and 

(B) the purposes for which such amounts were so obligated and expended. 

(h) REPORT ON ASSISTANCE FOR EARTHQUAKE VICTIMS IN PAKI- STAN.—Not later than 30 days after the date of the enactment of this 

Act, the Secretary of Defense shall submit to the congressional defense committees a report describing Department of Defense efforts 

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ern Pakistan on October 8, 2005, and assessing the need for further 

reconstruction and relief assistance. 

SEC. 1003. INCREASE IN FISCAL YEAR 2005 GENERAL TRANSFER AUTHORITY. 

Section 1001(a)(2) of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 

Stat. 2034) is amended by striking ‘‘$3,500,000,000’’ and inserting ‘‘$6,185,000,000’’. 

SEC. 1004. REPORTS ON FEASIBILITY AND DESIRABILITY OF CAPITAL 

BUDGETING FOR MAJOR DEFENSE ACQUISITION PROGRAMS. 

(a) CAPITAL BUDGETING DEFINED.—For the purposes of this section, the term ‘‘capital budgeting’’ means a budget process that— (1) identifies large capital outlays that are expected to be 

made in future years, together with identification of the proposed means to finance those outlays and the expected benefits 

of those outlays; 

(2) separately identifies revenues and outlays for capital assets from revenues and outlays for an operating budget; 

(3) allows for the issue of long-term debt to finance capital 

investments; and 

(4) provides the budget authority for acquiring a capital 

asset over several fiscal years (rather than in a single fiscal 

year at the beginning of such acquisition). 

(b) REPORTS REQUIRED.—Not later than July 1, 2006, the Secretary of Defense and the Secretary of each military department 

shall each submit to Congress a report analyzing the feasibility and 

desirability of using a capital budgeting system for the financing of 

major defense acquisition programs. Each such report shall address 

the following matters: 

(1) The potential long-term effect on the defense industrial 

base of the United States of continuing with the current full upfront funding system for major defense acquisition programs. 

(2) Whether use of a capital budgeting system could create 

a more effective decisionmaking process for long-term investments in major defense acquisition programs. 

(3) The manner in which a capital budgeting system for 

major defense acquisition programs would affect the budget 

planning and formulation process of the military departments. 

(4) The types of financial mechanisms that would be needed 

to provide funds for such a capital budgeting system. 

SEC. 1005. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN FISCAL YEAR 2006. 

(a) FISCAL YEAR 2006 LIMITATION.—The total amount contributed by the Secretary of Defense in fiscal year 2006 for the commonfunded budgets of NATO may be any amount up to, but not in excess of, the amount specified in subsection (b) (rather than the maximum amount that would otherwise be applicable to those contributions under the fiscal year 1998 baseline limitation). 

(b) TOTAL AMOUNT.—The amount of the limitation applicable 

under subsection (a) is the sum of the following: 

(1) The amounts of unexpended balances, as of the end of 

fiscal year 2005, of funds appropriated for fiscal years before 

fiscal year 2006 for payments for those budgets. 

(2) The amount specified in subsection (c)(1). 


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(3) The amount specified in subsection (c)(2). 

(4) The total amount of the contributions authorized to be 

made under section 2501. 

(c) AUTHORIZED AMOUNTS.—Amounts authorized to be appropriated by titles II and III of this Act are available for contributions 

for the common-funded budgets of NATO as follows: (1) Of the amount provided in section 201(1), $763,000 for 

the Civil Budget. (2) Of the amount provided in section 301(1), $289,447,000 

for the Military Budget. 

(d) DEFINITIONS.—For purposes of this section: 

(1) COMMON-FUNDED BUDGETS OF NATO.—The term ‘‘common-funded budgets of NATO’’ means the Military Budget, the 

Security Investment Program, and the Civil Budget of the 

North Atlantic Treaty Organization (and any successor or additional account or program of NATO). 

(2) FISCAL YEAR 1998 BASELINE LIMITATION.—The term ‘‘fiscal year 1998 baseline limitation’’ means the maximum annual 

amount of Department of Defense contributions for commonfunded budgets of NATO that is set forth as the annual limitation in section 3(2)(C)(ii) of the resolution of the Senate giving 

the advice and consent of the Senate to the ratification of the 

Protocols to the North Atlantic Treaty of 1949 on the Accession 

of Poland, Hungary, and the Czech Republic (as defined in section 4(7) of that resolution), approved by the Senate on April 30, 

1998. 

Subtitle B—Naval Vessels and Shipyards 

SEC. 1011. CONVEYANCE, NAVY DRYDOCK, SEATTLE, WASHINGTON. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy is 

authorized to convey the yard floating drydock YFD–70, located in 

Seattle, Washington, to Todd Pacific Shipyards Corporation, that 

company being the current user of the drydock. 

(b) CONDITION OF CONVEYANCE.—The Secretary shall require as 

a condition of the conveyance under subsection (a) that the drydock 

remain at the facilities of Todd Pacific Shipyards Corporation until 

at least September 30, 2010. 

(c) CONSIDERATION.—As consideration for the conveyance of the 

drydock under subsection (a), the purchaser shall provide compensation to the United States the value of which, as determined by 

the Secretary, is equal to the fair market value of the drydock, as 

determined by the Secretary. 

(d) TRANSFER AT NO COST TO UNITED STATES.—The provisions 

of section 7306(c) of title 10, United States Code, shall apply to the 

conveyance under this section. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 

SEC. 1012. CONVEYANCE, NAVY DRYDOCK, JACKSONVILLE, FLORIDA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy is 

authorized to convey the medium auxiliary floating drydock SUSTAIN (AFDM–7), located in Duval County, Florida, to Atlantic MaVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00318 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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rine Property Holding Company, that company being the current 

user of the drydock. 

(b) CONDITION OF CONVEYANCE.—The Secretary shall require as 

a condition of the conveyance under subsection (a) that the drydock 

remain at the facilities of Atlantic Marine Property Holding Company until at least September 30, 2010. 

(c) CONSIDERATION.—As consideration for the conveyance of the 

drydock under subsection (a), the purchaser shall provide compensation to the United States the value of which, as determined by 

the Secretary, is equal to the fair market value of the drydock, as 

determined by the Secretary. 

(d) TRANSFER AT NO COST TO UNITED STATES.—The provisions 

of section 7306(c) of title 10, United States Code, shall apply to the 

conveyance under this section. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 

SEC. 1013. CONVEYANCE, NAVY DRYDOCK, PORT ARTHUR, TEXAS. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy is 

authorized to convey to the port authority of the city of Port Arthur, 

Texas, the inactive medium auxiliary floating drydock designated as 

AFDM–2, currently administered through the National Defense Reserve Fleet. 

(b) CONDITION OF CONVEYANCE.—The Secretary shall require as 

a condition of the conveyance under subsection (a) that the drydock 

remain at the facilities of the port authority named in subsection 

(a). 

(c) CONSIDERATION.—As consideration for the conveyance of the 

drydock under subsection (a), the purchaser shall provide compensation to the United States the value of which, as determined by 

the Secretary, is equal to the fair market value of the drydock, as 

determined by the Secretary. 

(d) TRANSFER AT NO COST TO UNITED STATES.—The provisions 

of section 7306(c) of title 10, United States Code, shall apply to the 

conveyance under this section. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 

SEC. 1014. TRANSFER OF BATTLESHIPS U.S.S. WISCONSIN AND U.S.S. 

IOWA. 

(a) TRANSFER OF BATTLESHIP WISCONSIN.—The Secretary of the 

Navy is authorized—

(1) to strike the battleship U.S.S. WISCONSIN (BB–64) 

from the Naval Vessel Register; and 

(2) to transfer that vessel, by gift or otherwise, in accordance with section 7306 of title 10, United States Code, except 

that the Secretary shall require, as a condition of transfer, that 

the transferee locate the vessel in the Commonwealth of Virginia. 

(b) TRANSFER OF BATTLESHIP IOWA.—The Secretary of the Navy 

is authorized—


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(1) to strike the battleship U.S.S. IOWA (BB–61) from the 

Naval Vessel Register; and 

(2) to transfer that vessel, by gift or otherwise, in accordance with section 7306 of title 10, United States Code, except 

that the Secretary shall require, as a condition of transfer, that 

the transferee locate the vessel in the State of California. 

(c) INAPPLICABILITY OF NOTICE-AND-WAIT REQUIREMENT.—Section 7306(d) of title 10, United States Code, does not apply to the 

transfer authorized by subsection (a) or the transfer authorized by 

subsection (b). 

(d) AUTHORITY FOR REVERSION IN EVENT OF NATIONAL EMERGENCY.—The Secretary of the Navy shall require that the terms of 

the transfer of a vessel under this section include a requirement 

that, in the event the President declares a national emergency pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.), the 

transferee of the vessel shall, upon request of the Secretary of Defense, return the vessel to the United States and that, in such a 

case, unless the transferee is otherwise notified by the Secretary, 

title to the vessel shall revert immediately to the United States. 

(e) REPEAL OF SUPERSEDED REQUIREMENTS AND AUTHORITIES.—

(1) Section 1011 of the National Defense Authorization Act 

for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 421) is repealed. 

(2) Section 1011 of the Strom Thurmond National Defense 

Authorization Act for Fiscal Year 1999 (Public Law 105–261; 

112 Stat. 2118) is repealed. 

SEC. 1015. TRANSFER OF EX-U.S.S. FORREST SHERMAN. 

(a) TRANSFER.—The Secretary of the Navy may transfer the decommissioned destroyer ex-U.S.S. Forrest Sherman (DD–931) to the 

USS Forrest Sherman DD–931 Foundation, Inc., a nonprofit organization under the laws of the State of Maryland, subject to the submission of a donation application for that vessel that is satisfactory 

to the Secretary. 

(b) APPLICABLE LAW.—The transfer under this section is subject 

to subsections (b) and (c) of section 7306 of title 10, United States 

Code. Subsection (d) of that section is hereby waived with respect 

to such transfer. 

(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

transfer under subsection (a) as the Secretary considers appropriate. 

(d) EXPIRATION OF AUTHORITY.—The authority granted by subsection (a) shall expire at the end of the five-year period beginning 

on the date of the enactment of this Act. 

SEC. 1016. REPORT ON LEASING OF VESSELS TO MEET NATIONAL DEFENSE SEALIFT REQUIREMENTS. 

(a) REPORT REQUIREMENT.—The Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate by no later 

than March 1, 2006, a report on leasing (including chartering) of 

vessels by the Department of Defense to meet national defense sealift 

requirements, including leasing under sections 2401 and 2401a of 

title 10, United States Code. 


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(b) MATTERS TO BE INCLUDED.—The report under subsection 

(a) shall include the following: 

(1) A description of— (A) the portion of national defense sealift requirements 

that, during the 3-year period preceding the date of the enactment of this Act, was met through leasing of vessels; 

(B) the portion of such requirements that was met during that period through use of vessels owned by the United 

States; and 

(C) for each of the portions described under subparagraph (A) and (B), a description of the number of each type 

of vessel used to meet such requirements, including roll-on/ 

roll-off vessels, dry bulk carriers, oilers, and other vessel 

types. 

(2) With respect to vessels that were leased in the 3-year period preceding the date of the enactment of this Act— (A) a listing of such vessels; 

(B) identification of the country in which each vessel 

was constructed or reconstructed; 

(C) identification of the country under the laws of 

which each vessel is documented; 

(D) with respect to periods during which each vessel 

was operated under lease to the Department of Defense, 

identification of the routes on which each vessel operated 

and the ports at which each vessel called; 

(E) the terms of the lease for each vessel that govern— (i) amounts required to be paid by the United 

States; 

(ii) the length of the lease term; 

(iii) maintenance, repair, and alteration, including 

provisions regarding— (I) alterations required under the lease; and 

(II) qualified maintenance or repair of the vessel in a foreign shipyard or foreign ship repair facility; and 

(iv) where alterations or qualified maintenance or 

repair may be performed; and 

(F) a description of qualified maintenance or repair 

that was performed on each vessel in the 3-year period preceding the date of the enactment of this Act, including—

(i) the amounts paid by the lessor for such work; 

and 

(ii) identification of whether such work was performed in the United States or in a foreign country. 

(3) Estimation of any increase in total costs that would 

have been incurred by the United States if qualified maintenance or repair that was performed on leased vessels in the 3- 

year period preceding the date of the enactment of this Act were 

required to be performed in the United States. 

(4) Other impacts to the economy of the United States if 

qualified maintenance or repair that was performed on leased 

vessels in the 3-year period preceding the date of the enactment 

of this Act were required to be performed in the United States. 

(c) QUALIFIED MAINTENANCE OR REPAIR DEFINED.—In this section the term ‘‘qualified maintenance or repair’’—


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(1) except as provided in paragraph (2), means—

(A) any inspection of a vessel that is—

(i) required under chapter 33 of title 46, United 

States Code; and 

(ii) performed in a period in which the vessel is 

under lease by the Department of Defense; 

(B) any maintenance or repair of a vessel that is determined, in the course of an inspection referred to in subparagraph (A), to be necessary to comply with the laws of 

the United States; and 

(C) any routine maintenance or repair; and 

(2) does not include any emergency work that is necessary 

to enable a vessel to return to a port in the United States. 

SEC. 1017. ESTABLISHMENT OF THE USS OKLAHOMA MEMORIAL AND 

OTHER MEMORIALS AT PEARL HARBOR. 

(a) ESTABLISHMENT OF THE USS OKLAHOMA MEMORIAL.—Not 

later than 90 days after the date of the enactment of this Act, the 

Secretary of the Navy, in consultation with the Secretary of the Interior, shall identify an appropriate site on Ford Island, Hawaii, for 

a memorial for the U.S.S. Oklahoma (BB–37). The Secretary of the 

Interior shall establish the memorial at the identified site by authorizing the USS Oklahoma Memorial Foundation to construct a 

memorial. The Secretary shall certify that—

(1) the USS Oklahoma Memorial Foundation has sufficient 

funding to complete construction of the memorial; and 

(2) the memorial meets the requirements of subsection (c). 

(b) ADMINISTRATION OF THE MEMORIAL.—Once established, the 

Secretary of the Interior shall administer the USS Oklahoma Memorial as a part of the USS Arizona Memorial, a unit of the National Park System, in accordance with the laws and regulations 

applicable to land administered by the National Park Service and 

any agreement between the Secretary of the Interior and the Secretary of the Navy. The Secretary of the Navy shall retain administrative jurisdiction over the land where the USS Oklahoma Memorial is established. 

(c) REQUIREMENTS FOR PEARL HARBOR MEMORIALS.—The site 

selection, design, and construction of the USS Oklahoma Memorial 

and any memorials established after the date of the enactment of 

this Act that are associated with the attack at Pearl Harbor on December 7, 1941, shall be consistent with the requirements in the document titled ‘‘Pearl Harbor Naval Complex Design Guidelines and 

Evaluation Criteria for Memorials’’, dated April 2005. 

(d) ESTABLISHMENT AND OPERATION OF TRANSPORTATION SYSTEM.—The Secretary of the Interior may establish and operate a 

transportation system over roads linking the USS Arizona Memorial Visitor Center with one or more of the existing and future historic sites and historic visitor attractions within the Pearl Harbor 

Naval Complex, including Ford Island. Transportation on this system may be provided with or without charge, directly or through a 

contract or concessioner, and without regard to whether service is 

provided to sites or attractions that are under the jurisdiction of or 

administered by the National Park Service. 


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SEC. 1018. AUTHORITY TO USE NATIONAL DEFENSE SEALIFT FUND TO 

PURCHASE CERTAIN MARITIME PREPOSITIONING SHIPS 

CURRENTLY UNDER CHARTER TO THE NAVY. 

(a) FISCAL YEAR 2006 LIMITATION.—The authority provided by 

subsection (c)(1) of section 2218 of title 10, United States Code, may 

not be used for the purchase of more than six vessels described in 

subsection (c) using funds appropriated to the National Defense 

Sealift Fund for fiscal year 2006. 

(b) AUTHORITY.—The Secretary of Defense may purchase any 

vessel described in subsection (c) through the use of the authority in 

subsection (c)(1) of section 2218 of title 10, United States Code, 

without regard to the limitation in subsection (f)(1) of that section. 

(c) COVERED VESSELS.—Subsections (a) and (b) apply with respect to any vessel that as of the date of the enactment of this Act—

(1) is chartered by the Department of Defense under a 25- 

year lease; and 

(2) is used by the Navy as a maritime prepositioning ship. 

(d) TECHNICAL AMENDMENTS TO UPDATE STATUTE.—Section 

2218(f)(1) of title 10, United States Code, is amended—

(1) by striking ‘‘Not more than a total of five vessels built 

in foreign ship yards may be’’ and inserting ‘‘A vessel built in 

a foreign ship yard may not be’’; and 

(2) by inserting before the period at the end the following: 

‘‘, unless specifically authorized by law’’. 

Subtitle C—Counter-Drug Activities 

SEC. 1021. RESUMPTION OF REPORTING REQUIREMENT REGARDING 

DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT 

FOREIGN COUNTER-DRUG ACTIVITIES. 

(a) ADDITIONAL REPORT REQUIRED.—Section 1022 of the Floyd 

D. Spence National Defense Authorization Act for Fiscal Year 2001 

(as enacted into law by Public Law 106–398; 114 Stat. 1654A–255), 

as amended by section 1022 of the National Defense Authorization 

Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1215), is 

further amended by striking ‘‘January 1, 2001, and April 15, 2002,’’

and inserting ‘‘April 15, 2006,’’. 

(b) ADDITIONAL INFORMATION REQUIRED.—Such section is further amended—

(1) by redesignating paragraph (3) as paragraph (4); and 

(2) by inserting after paragraph (2) the following new paragraph (3): 

‘‘(3) A description of each base of operation or training facility established, constructed, or operated using the assistance, 

including any minor construction projects carried out using 

such assistance, and the amount of assistance expended on base 

of operations and training facilities.’’. 

SEC. 1022. CLARIFICATION OF AUTHORITY FOR JOINT TASK FORCES 

TO SUPPORT LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-TERRORISM ACTIVITIES. 

Section 1022 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1594) is amended—

(1) by redesignating subsection (b) as subsection (d); and 

(2) by inserting after subsection (a) the following new subsections: 


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‘‘(b) AVAILABILITY OF FUNDS.—During fiscal years 2006 and 

2007, funds available to a joint task force to support counter-drug 

activities may also be used to provide the counter-terrorism support 

authorized by subsection (a). 

‘‘(c) REPORT REQUIRED.—Not later than December 31, 2006, the 

Secretary of Defense shall submit to Congress a report evaluating 

the effect on counter-drug and counter-terrorism activities and objectives of using counter-drug funds of a joint task force to provide 

counter-terrorism support authorized by subsection (a).’’. 

SEC. 1023. SENSE OF CONGRESS REGARDING DRUG TRAFFICKING DETERRENCE. 

(a) FINDINGS.—Congress finds the following: 

(1) According to the Department of State, drug trafficking 

organizations shipped approximately nine tons of cocaine to the 

United States through the Dominican Republic in 2004, and 

are increasingly using small, high-speed watercraft. 

(2) Drug traffickers use the Caribbean corridor to smuggle 

narcotics to the United States via Puerto Rico and the Dominican Republic. This route is ideal for drug trafficking because of 

its geographic expanse, numerous law enforcement jurisdictions, 

and fragmented investigative efforts. 

(3) The tethered aerostat system in Lajas, Puerto Rico, contributes to deterring and detecting smugglers moving illicit 

drugs into Puerto Rico. The aerostat’s range and operational capabilities allow it to provide surveillance coverage of the eastern 

Caribbean corridor and the strategic waterway between Puerto 

Rico and the Dominican Republic, known as the Mona Passage. 

(4) Including maritime radar on the Lajas aerostat will expand its ability to detect suspicious vessels in the eastern Caribbean corridor. 

(b) SENSE OF CONGRESS.—Given the findings contained in subsection (a), it is the sense of Congress that—

(1) Congress and the Department of Defense should fund 

the Counter-Drug Tethered Aerostat program; and 

(2) the Department of Defense should install maritime 

radar on the Lajas, Puerto Rico, aerostat. 

Subtitle D—Matters Related to Homeland 

Security 

SEC. 1031. RESPONSIBILITIES OF ASSISTANT SECRETARY OF DEFENSE 

FOR HOMELAND DEFENSE RELATING TO NUCLEAR, CHEMICAL, AND BIOLOGICAL EMERGENCY RESPONSE. 

Subsection (a) of section 1413 of the Defense Against Weapons 

of Mass Destruction Act of 1996 (50 U.S.C. 2313) is amended to 

read as follows: 

‘‘(a) DEPARTMENT OF DEFENSE.—The Assistant Secretary of Defense for Homeland Defense is responsible for the coordination of 

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cal, chemical weapons, and high-yield explosives and related materials and technologies.’’. 

SEC. 1032. TESTING OF PREPAREDNESS FOR EMERGENCIES INVOLVING NUCLEAR, RADIOLOGICAL, CHEMICAL, BIOLOGICAL, 

AND HIGH-YIELD EXPLOSIVES WEAPONS. 

(a) SECRETARY OF HOMELAND SECURITY FUNCTIONS.—Subsection (a) of section 1415 of the Defense Against Weapons of Mass 

Destruction Act of 1996 (50 U.S.C. 2315) is amended— (1) in the subsection heading, by striking ‘‘CHEMICAL OR’’ and inserting ‘‘NUCLEAR, RADIOLOGICAL, CHEMICAL, OR’’; 

(2) in paragraph (1)— (A) by striking ‘‘Secretary of Defense’’ and inserting ‘‘Secretary of Homeland Security’’; and 

(B) by striking ‘‘biological weapons and related materials and emergencies involving’’ and inserting ‘‘nuclear, 

radiological, biological, and’’; 

(3) in paragraph (2), by striking ‘‘during each of fiscal 

years 1997 through 2013’’ and inserting ‘‘in accordance with 

sections 102(c) and 430(c)(1) of the Homeland Security Act of 

2002 (6 U.S.C. 112(c), 238(c)(1))’’; and 

(4) in paragraph (3)—

(A) by inserting ‘‘the Secretary of Defense,’’ before ‘‘the 

Director of the Federal Bureau of Investigation’’; and 

(B) by striking ‘‘the Director of the Federal Emergency 

Management Agency,’’. (b) REPEAL OF SECRETARY OF ENERGY FUNCTIONS.—Such section is further amended by striking subsection (b). 

(c) CONFORMING AMENDMENTS.—Subsection (c) of such section—

(1) is redesignated as subsection (b); and 

(2) is amended—

(A) in the first sentence, by striking ‘‘The official responsible for carrying out a program developed under subsection (a) or (b) shall revise the program’’ and inserting ‘‘The Secretary of Homeland Security shall revise the program developed under subsection (a)’’; and 

(B) in the second sentence, by striking ‘‘the official’’ and 

inserting ‘‘the Secretary’’. (d) REPEAL OF OBSOLETE PROVISIONS.—Such section is further 

amended by striking subsections (d) and (e). 

SEC. 1033. DEPARTMENT OF DEFENSE CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, AND HIGH-YIELD EXPLOSIVES RESPONSE TEAMS. 

Section 1414 of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2314) is amended as follows: 

(1) The heading of such section is amended to read as follows: 

‘‘SEC. 1414. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, AND 

HIGH-YIELD EXPLOSIVES RESPONSE TEAM.’’. 

(2) Subsection (a) of such section is amended by striking ‘‘or 

related materials’’ and inserting ‘‘radiological, nuclear, and 

high-yield explosives’’. 

(3) Subsection (b) of such section is amended—

(A) in the subsection heading, by striking ‘‘PLAN’’ and 

inserting ‘‘PLANS’’; 


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(B) in the first sentence, by striking ‘‘Not later than’’

and all that follows through ‘‘response plans and’’ and inserting ‘‘The Secretary of Homeland Security shall incorporate into the National Response Plan prepared pursuant 

to section 502(6) of the Homeland Security Act of 2002 (6 

U.S.C. 312(6)), other existing Federal emergency response 

plans, and’’; and 

(C) in the second sentence—

(i) by striking ‘‘Director’’ and inserting ‘‘Secretary 

of Homeland Security’’; and 

(ii) by striking ‘‘consultation’’ and inserting ‘‘coordination’’. 

SEC. 1034. REPEAL OF DEPARTMENT OF DEFENSE EMERGENCY RESPONSE ASSISTANCE PROGRAM. 

Section 1412 of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2312) is repealed. 

SEC. 1035. REPORT ON USE OF DEPARTMENT OF DEFENSE AERIAL RECONNAISSANCE ASSETS TO SUPPORT HOMELAND SECURITY BORDER SECURITY MISSIONS. 

(a) REPORT REQUIRED.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report 

containing the results of a study regarding the use of aerial reconnaissance equipment of the Department of Defense in missions in 

which the Armed Forces support the Department of Homeland Security in performing its international border security mission. The 

Secretary of Defense shall conduct the study and prepare the report 

in coordination with the Secretary of Homeland Security. 

(b) ELEMENTS OF REPORT.—The report required by subsection 

(a) shall include the following: 

(1) A description of the current use of aerial reconnaissance 

equipment of the Department of Defense to conduct aerial reconnaissance over the international land and maritime borders of 

the United States in missions in which the Armed Forces support the Department of Homeland Security in performing its 

international border security mission. 

(2) A statement of the costs of such missions and the source 

of funds for such missions. 

(3) The conclusions derived from a study of how the Department of Defense leverages dual-use aerial reconnaissance 

assets and technology, such as unmanned aerial vehicles and 

tethered aerostat radars, for both homeland defense and homeland security purposes. 

Subtitle E—Reports and Studies 

SEC. 1041. REVIEW OF DEFENSE BASE ACT INSURANCE. 

(a) REVIEW REQUIRED.—The Secretary of Defense shall review 

current and future needs, options, and risks associated with Defense 

Base Act insurance. The review shall be conducted in coordination 

with the Director of the Office of Management and Budget and appropriate officials of the Department of Labor, the Department of 

State, and the United States Agency for International Development. 


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(b) MATTERS TO BE ADDRESSED.—The review under subsection 

(a) shall address the following matters: 

(1) Cost-effective options for acquiring Defense Base Act insurance. 

(2) Methods for coordinating data collection efforts among 

agencies and contractors on numbers of employees, costs of insurance, and other information relevant to decisions on Defense 

Base Act insurance. 

(3) Improved communication and coordination within and 

among agencies on the implementation of Defense Base Act insurance. 

(4) Actions to be taken to address difficulties in the administration of Defense Base Act insurance, including on matters 

relating to cost, data, enforcement, and claims processing. 

(c) REPORT REQUIRED.—Not later than one year after the date 

of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the results of the review 

under subsection (a). The report shall set forth the findings of the 

Secretary as a result of the review and such recommendations, including recommendations for legislative or administrative action, as 

the Secretary considers appropriate in light of the review. 

(d) DEFENSE BASE ACT INSURANCE DEFINED.—In this section, 

the term ‘‘Defense Base Act insurance’’ means workers’ compensation 

insurance provided to contractor employees pursuant to the Defense 

Base Act (42 U.S.C. 1651 et seq.). 

SEC. 1042. REPORT ON DEPARTMENT OF DEFENSE RESPONSE TO 

FINDINGS AND RECOMMENDATIONS OF DEFENSE 

SCIENCE BOARD TASK FORCE ON HIGH PERFORMANCE 

MICROCHIP SUPPLY. 

(a) REPORT REQUIRED.—Not later than July 1, 2006, the Secretary of Defense shall submit to the Committee on Armed Services 

of the Senate and the Committee on Armed Services of the House 

of Representatives a report on the implementation of the recommendations of the Defense Science Board Task Force on High 

Performance Microchip Supply. 

(b) CONTENTS.—The report required by subsection (a) shall include the following: 

(1) An analysis of each finding of the Task Force. 

(2) A detailed description of the response of the Department 

of Defense to each recommendation of the Task Force, including—

(A) for each recommendation that is being implemented 

or that the Secretary plans to implement—

(i) a summary of actions that have been taken to 

implement the recommendation; and 

(ii) a schedule, with specific milestones, for completing the implementation of the recommendation; and 

(B) for each recommendation that the Secretary does 

not plan to implement—

(i) the reasons for the decision not to implement 

the recommendation; and 

(ii) a summary of alternative actions the Secretary 

plans to take to address the purposes underlying the 

recommendation. 


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(3) A summary of any additional actions the Secretary 

plans to take to address concerns raised by the Task Force. 

Subtitle F—Other Matters 

SEC. 1051. COMMISSION ON THE IMPLEMENTATION OF THE NEW STRATEGIC POSTURE OF THE UNITED STATES. 

(a) ESTABLISHMENT OF COMMISSION.— (1) ESTABLISHMENT.—There is hereby established a commission to be known as the ‘‘Commission on the Implementation 

of the New Strategic Posture of the United States’’. The Secretary of Defense shall enter into a contract with a federally 

funded research and development center to provide for the organization, management, and support of the Commission. Such 

contract shall be entered into in consultation with the Secretary 

of Energy. The selection of the federally funded research and 

development center shall be made in consultation with the 

chairman and ranking minority member of the Committee on 

Armed Services of the Senate and the chairman and ranking 

minority member of the Committee on Armed Services of the 

House of Representatives. 

(2) COMPOSITION.— (A) MEMBERSHIP.—The Commission shall be composed 

of 12 members who shall be appointed by the Secretary of 

Defense. In selecting individuals for appointment to the 

Commission, the Secretary of Defense shall consult with the 

chairman and ranking minority member of the Committee 

on Armed Services of the Senate and the chairman and 

ranking minority member of the Committee on Armed Services of the House of Representatives. 

(B) QUALIFICATIONS.—Members of the Commission 

shall be appointed from among private United States citizens with knowledge and expertise in the political, military, 

operational, and technical aspects of nuclear strategy. 

(3) CHAIRMAN OF THE COMMISSION.—The Secretary of Defense shall designate one of the members of the Commission to 

serve as chairman of the Commission. 

(4) PERIOD OF APPOINTMENT; VACANCIES.—Members shall 

be appointed for the life of the Commission. Any vacancy in the 

Commission shall be filled in the same manner as the original 

appointment. 

(5) SECURITY CLEARANCES.—All members of the Commission shall hold appropriate security clearances. 

(b) DUTIES OF COMMISSION.— (1) REVIEW OF IMPLEMENTATION OF NUCLEAR POSTURE RE- VIEW.—The Commission shall examine programmatic requirements to achieve the goals set forth in the report of the Secretary of Defense submitted to Congress on December 31, 2001, 

providing the results of the Nuclear Posture Review conducted 

pursuant to section 1041 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into 

law by Public Law 106–398; 114 Stat. 1654, 1654A–262) and 

results of periodic assessments of the Nuclear Posture Review. 

Matters examined by the Commission shall include the following: 


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(A) The process of establishing requirements for strategic forces and how that process accommodates employment of nonnuclear strike platforms and munitions in a 

strategic role. 

(B) How strategic intelligence, reconnaissance, and surveillance requirements differ from nuclear intelligence, reconnaissance, and surveillance requirements. 

(C) The ability of a limited number of strategic platforms to carry out a growing range of nonnuclear strategic 

strike missions. 

(D) The limits of tactical systems to perform nonnuclear global strategic missions in a prompt manner. 

(E) An assessment of the ability of the current nuclear 

stockpile to address the evolving strategic threat environment through 2008. 

(2) RECOMMENDATIONS.—The Commission shall include in 

its report recommendations with respect to the following: 

(A) Changes to the requirements process to employ nonnuclear strike platforms and munitions in a strategic role. 

(B) Changes to the nuclear stockpile and infrastructure 

required to preserve a nuclear capability commensurate 

with the changes to the strategic threat environment 

through 2008. 

(C) Actions the Secretary of Defense and the Secretary 

of Energy can take to preserve flexibility of the defense nuclear complex while reducing the cost of a Cold War strategic infrastructure. 

(D) Identify shortfalls in the strategic modernization 

programs of the United States that would undermine the 

ability of the United States to develop new nonnuclear strategic strike capabilities. 

(3) COOPERATION FROM GOVERNMENT.—

(A) COOPERATION.—In carrying out its duties, the Commission shall receive the full and timely cooperation of the 

Secretary of Defense, the Secretary of Energy, and any 

other United States Government official in providing the 

Commission with analyses, briefings, and other information necessary for the fulfillment of its responsibilities. 

(B) LIAISON WITH DOE & DOD.—The Secretary of Energy 

and the Secretary of Defense shall each designate at least 

one officer or employee of the Department of Energy and the 

Department of Defense, respectively, to serve as a liaison officer between the department and the Commission. 

(c) REPORTS.—

(1) COMMISSION REPORT.—Not later than June 30, 2007, 

the Commission shall submit to the Secretary of Defense and 

the Committees on Armed Services of the Senate and House of 

Representatives a report on the Commission’s findings and conclusions. 

(2) SECRETARY OF DEFENSE RESPONSE.—

(A) IN GENERAL.—The Secretary of Defense may submit 

to the Commission a response to the report of the Commission under paragraph (1). If the Secretary elects to submit 

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sion, the Secretary shall also submit such response to the 

committees specified in paragraph (1). 

(B) MATTERS TO BE INCLUDED.—The response, if any, 

of the Secretary to the report of the Commission shall include— (i) comments on the findings and conclusions of 

the Commission; and 

(ii) an explanation of what actions, if any, the Secretary intends to take to implement the recommendations of the Commission and, with respect to each such 

recommendation, the Secretary’s reasons for implementing, or not implementing, the recommendation. 

(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon request of the 

chairman of the Commission, the head of any Federal department 

or agency may detail, on a nonreimbursable basis, up to three employees of such department or agency to the Commission to assist 

it in carrying out its duties. 

(e) FUNDING.—Funds for activities of the Commission shall be 

provided from amounts appropriated for the Department of Defense. 

(f) TERMINATION OF COMMISSION.—The Commission shall terminate on July 30, 2007. 

(g) IMPLEMENTATION.— (1) FFRDC CONTRACT.—The Secretary of Defense shall 

enter into the contract required under subsection (a)(1) not later 

that 60 days after the date of the enactment of this Act. 

(2) FIRST MEETING.—The Commission shall convene its 

first meeting not later than 30 days after the date as of which 

all members of the Commission have been appointed. 

SEC. 1052. REESTABLISHMENT OF EMP COMMISSION. 

(a) REESTABLISHMENT.—The commission established pursuant 

to title XIV of the Floyd D. Spence National Defense Authorization 

Act for Fiscal Year 2001 (as enacted into law by Public Law 106– 398; 114 Stat. 1654A–345), known as the Commission to Assess the 

Threat to the United States from Electromagnetic Pulse Attack, is 

hereby reestablished. 

(b) MEMBERSHIP.—The Commission as reestablished shall have 

the same membership as the Commission had as of the date of the 

submission of the report of the Commission pursuant to section 

1403(a) of such Act, as in effect before the date of the enactment of 

this Act. Service on the Commission is voluntary, and Commissioners may elect to terminate their service on the Commission. 

(c) COMMISSION CHARTER DEFINED.—In this section, the term 

‘‘Commission charter’’ means title XIV of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted 

into law by Public Law 106–398; 114 Stat. 1654A–345 et seq.). 

(d) ESTABLISHMENT AND PURPOSE.—Section 1401 of the Commission charter (114 Stat. 1654A–345) is amended—

(1) by striking subsections (e) and (g); 

(2) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; 

(3) by inserting after subsection (a) the following new subsection (b): 

‘‘(b) PURPOSE.—The purpose of the Commission is to monitor, 

investigate, make recommendations, and report to Congress on the 

evolving threat to the United States from electromagnetic pulse 


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(hereinafter in this title referred to as ‘EMP’) attack resulting from 

the detonation of a nuclear weapon or weapons at high altitude.’’; 

(4) in subsection (c), as redesignated by paragraph (2), by 

striking the second and third sentences and inserting ‘‘In the 

event of a vacancy in the membership of the Commission, the 

Secretary of Defense shall appoint a new member.’’; and 

(5) in subsection (d), as redesignated by paragraph (2), by 

striking ‘‘pulse (hereafter’’ and all that follows and inserting 

‘‘pulse effects referred to in subsection (b).’’. 

(e) DUTIES OF COMMISSION.—Section 1402 of the Commission 

charter (114 Stat. 1654A–346) is amended to read as follows: 

‘‘SEC. 1402. DUTIES OF COMMISSION. 

‘‘The Commission shall assess the following: 

‘‘(1) The vulnerability of electric-dependent military systems 

and other electric-dependent systems in the United States to an 

EMP attack, giving special attention to the progress, or lack of 

progress, by the Department of Defense, other Government departments and agencies of the United States, and entities of the 

private sector in taking steps to protect such systems from such 

an attack. 

‘‘(2) The report of the Secretary of Defense submitted to 

Congress under section 1403(b) of this Act as in effect before the 

enactment of the National Defense Authorization Act for Fiscal 

Year 2006.’’. 

(f) REPORT.—Section 1403 of the Commission charter (114 Stat. 

1654A–345) is amended to read as follows: 

‘‘SEC. 1403. REPORTS. 

‘‘(a) FINAL REPORT.—Not later than June 30, 2007, the Commission shall submit to Congress a report providing the Commission’s assessment of the matters specified in section 1402. That report shall include recommendations for any steps the Commission 

believes should be taken by the United States to better protect systems referred to in section 1402(1) from an EMP attack. 

‘‘(b) INTERIM REPORTS.—Before the submission of its report 

under subsection (a), the Commission may submit to Congress interim reports at such times as the Commission considers appropriate.’’. 

(g) CLERICAL AMENDMENT.—The heading for subsection (c) of 

section 1405 of the Commission charter (114 Stat. 1654A–347) is 

amended by striking ‘‘COMMISSION’’ and inserting ‘‘PANELS’’. 

(h) COMMISSION PERSONNEL MATTERS.—Section 1406(c)(2) of 

the Commission charter (114 Stat. 1654A–347) is amended by striking ‘‘for grade GS–15 of the General Schedule’’ and inserting ‘‘for 

senior level and scientific or professional positions’’. 

(i) FUNDING.—Section 1408 of the Commission charter (114 

Stat. 1654A–348) is amended—

(1) by inserting ‘‘for any fiscal year’’ after ‘‘activities of the 

Commission’’; and 

(2) by striking ‘‘for fiscal year 2001’’ and inserting ‘‘for that 

fiscal year’’. 

(j) TERMINATION.—Section 1049 of of the Commission charter 

(114 Stat. 1654A–348) is amended by striking ‘‘60 days’’ and inserting ‘‘30 days’’. 


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SEC. 1053. MODERNIZATION OF AUTHORITY RELATING TO SECURITY 

OF DEFENSE PROPERTY AND FACILITIES. 

Section 21 of the Internal Security Act of 1950 (50 U.S.C. 797) 

is amended to read as follows: 

‘‘PENALTY FOR VIOLATION OF SECURITY REGULATIONS AND ORDERS

‘‘SEC. 21. (a) MISDEMEANOR VIOLATION OF DEFENSE PROPERTY

SECURITY REGULATIONS.—

‘‘(1) MISDEMEANOR.—Whoever willfully violates any defense 

property security regulation shall be fined under title 18, 

United States Code, or imprisoned not more than one year, or 

both. ‘‘(2) DEFENSE PROPERTY SECURITY REGULATION DE- SCRIBED.—For purposes of paragraph (1), a defense property security regulation is a property security regulation that, pursuant to lawful authority— ‘‘(A) shall be or has been promulgated or approved by 

the Secretary of Defense (or by a military commander designated by the Secretary of Defense or by a military officer, 

or a civilian officer or employee of the Department of Defense, holding a senior Department of Defense director position designated by the Secretary of Defense) for the protection or security of Department of Defense property; or ‘‘(B) shall be or has been promulgated or approved by 

the Administrator of the National Aeronautics and Space 

Administration for the protection or security of NASA property. 

‘‘(3) PROPERTY SECURITY REGULATION DESCRIBED.—For 

purposes of paragraph (2), a property security regulation, with 

respect to any property, is a regulation—

‘‘(A) relating to fire hazards, fire protection, lighting, 

machinery, guard service, disrepair, disuse, or other unsatisfactory conditions on such property, or the ingress thereto 

or egress or removal of persons therefrom; or 

‘‘(B) otherwise providing for safeguarding such property against destruction, loss, or injury by accident or by 

enemy action, sabotage, or other subversive actions. 

‘‘(4) DEFINITIONS.—In this subsection: 

‘‘(A) DEPARTMENT OF DEFENSE PROPERTY.—The term 

‘Department of Defense property’ means covered property 

subject to the jurisdiction, administration, or in the custody 

of the Department of Defense, any Department or agency of 

which that Department consists, or any officer or employee 

of that Department or agency. 

‘‘(B) NASA PROPERTY.—The term ‘NASA property’

means covered property subject to the jurisdiction, administration, or in the custody of the National Aeronautics and 

Space Administration or any officer or employee thereof. 

‘‘(C) COVERED PROPERTY.—The term ‘covered property’

means aircraft, airports, airport facilities, vessels, harbors, 

ports, piers, water-front facilities, bases, forts, posts, laboratories, stations, vehicles, equipment, explosives, or other 

property or places. 

‘‘(D) REGULATION AS INCLUDING ORDER.—The term 

‘regulation’ includes an order. 


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‘‘(b) POSTING.—Any regulation or order covered by subsection 

(a) shall be posted in conspicuous and appropriate places.’’. 

SEC. 1054. REVISION OF DEPARTMENT OF DEFENSE COUNTERINTELLIGENCE POLYGRAPH PROGRAM. 

(a) IN GENERAL.—Section 1564a of title 10, United States Code, 

is amended to read as follows: 

‘‘§ 1564a. Counterintelligence polygraph program 

‘‘(a) AUTHORITY FOR PROGRAM.—The Secretary of Defense may 

carry out a program for the administration of counterintelligence 

polygraph examinations to persons described in subsection (b). The 

program shall be conducted in accordance with the standards specified in subsection (e). 

‘‘(b) PERSONS COVERED.—Except as provided in subsection (d), 

the following persons, if their duties are described in subsection (c), 

are subject to this section: 

‘‘(1) Military and civilian personnel of the Department of 

Defense. 

‘‘(2) Personnel of defense contractors. 

‘‘(3) A person assigned or detailed to the Department of Defense. 

‘‘(4) An applicant for a position in the Department of Defense. 

‘‘(c) COVERED TYPES OF DUTIES.—The Secretary of Defense may 

provide, under standards established by the Secretary, that a person 

described in subsection (b) is subject to this section if that person’s 

duties involve—

‘‘(1) access to information that—

‘‘(A) has been classified at the level of top secret; or 

‘‘(B) is designated as being within a special access program under section 4.4(a) of Executive Order No. 12958 (or 

a successor Executive order); or 

‘‘(2) assistance in an intelligence or military mission in a 

case in which the unauthorized disclosure or manipulation of 

information, as determined under standards established by the 

Secretary of Defense, could reasonably be expected to—

‘‘(A) jeopardize human life or safety; 

‘‘(B) result in the loss of unique or uniquely productive 

intelligence sources or methods vital to United States security; or 

‘‘(C) compromise technologies, operational plans, or security procedures vital to the strategic advantage of the 

United States and its allies. 

‘‘(d) EXCEPTIONS FROM COVERAGE FOR CERTAIN INTELLIGENCE

AGENCIES AND FUNCTIONS.—This section does not apply to the following persons: 

‘‘(1) A person assigned or detailed to the Central Intelligence Agency or to an expert or consultant under a contract 

with the Central Intelligence Agency. 

‘‘(2) A person who is—

‘‘(A) employed by or assigned or detailed to the National Security Agency; 

‘‘(B) an expert or consultant under contract to the National Security Agency; 


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‘‘(C) an employee of a contractor of the National Security Agency; or ‘‘(D) a person applying for a position in the National 

Security Agency. 

‘‘(3) A person assigned to a space where sensitive cryptographic information is produced, processed, or stored. ‘‘(4) A person employed by, or assigned or detailed to, an 

office within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance 

programs or a contractor of such an office. 

‘‘(e) STANDARDS.—(1) Polygraph examinations conducted under 

this section shall comply with all applicable laws and regulations. ‘‘(2) Such examinations may be authorized for any of the following purposes: ‘‘(A) To assist in determining the initial eligibility for duties described in subsection (c) of, and aperiodically thereafter, 

on a random basis, to assist in determining the continued eligibility of, persons described in subsections (b) and (c). ‘‘(B) With the consent of, or upon the request of, the examinee, to—

‘‘(i) resolve serious credible derogatory information developed in connection with a personnel security investigation; or ‘‘(ii) exculpate him- or herself of allegations or evidence 

arising in the course of a counterintelligence or personnel 

security investigation. 

‘‘(C) To assist, in a limited number of cases when operational exigencies require the immediate use of a person’s services before the completion of a personnel security investigation, 

in determining the interim eligibility for duties described in 

subsection (c) of the person. 

‘‘(3) Polygraph examinations conducted under this section shall 

provide adequate safeguards, prescribed by the Secretary of Defense, 

for the protection of the rights and privacy of persons subject to this 

section under subsection (b) who are considered for or administered 

polygraph examinations under this section. Such safeguards shall 

include the following: 

‘‘(A) The examinee shall receive timely notification of the examination and its intended purpose and may only be given the 

examination with the consent of the examinee. 

‘‘(B) The examinee shall be advised of the examinee’s right 

to consult with legal counsel. 

‘‘(C) All questions asked concerning the matter at issue, 

other than technical questions necessary to the polygraph technique, must have a relevance to the subject of the inquiry. 

‘‘(f) OVERSIGHT.—(1) The Secretary shall establish a process to 

monitor responsible and effective application of polygraph examinations within the Department of Defense. 

‘‘(2) The Secretary shall make information on the use of polygraphs within the Department of Defense available to the congressional defense committees. ‘‘(g) POLYGRAPH RESEARCH PROGRAM.—The Secretary shall 

carry out a continuing research program to support the polygraph 

examination activities of the Department of Defense. The program 

shall include the following: 


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‘‘(1) An on-going evaluation of the validity of polygraph 

techniques used by the Department. 

‘‘(2) Research on polygraph countermeasures and anti-countermeasures. 

‘‘(3) Developmental research on polygraph techniques, instrumentation, and analytic methods.’’. 

(b) EFFECTIVE DATE; IMPLEMENTATION.—The amendment made 

by subsection (a) shall apply with respect to polygraph examinations 

administered beginning on the date of the enactment of this Act. 

SEC. 1055. PRESERVATION OF RECORDS PERTAINING TO RADIOACTIVE 

FALLOUT FROM NUCLEAR WEAPONS TESTING. 

(a) PROHIBITION OF DESTRUCTION OF CERTAIN RECORDS.—The 

Secretary of Defense may not destroy any official record in the custody or control of the Department of Defense that contains information relating to radioactive fallout from nuclear weapons testing. 

(b) PRESERVATION AND PUBLICATION OF INFORMATION.—The 

Secretary of Defense shall identify, preserve, and make available 

any unclassified information contained in official records referred to 

in subsection (a). 

SEC. 1056. TECHNICAL AND CLERICAL AMENDMENTS. 

(a) AMENDMENTS RELATING TO DEFINITION OF BASE CLOSURE

LAWS.—

(1) Section 2694a(i) of title 10, United States Code, is 

amended by striking paragraph (2). 

(2) Paragraph (1) of section 1333(i) of the National Defense 

Authorization Act for Fiscal Year 1994 (Public Law 103–160; 

10 U.S.C. 2701 note) is amended to read as follows: 

‘‘(1) BASE CLOSURE LAW.—The term ‘base closure law’ has 

the meaning given such term in section 101(a)(17) of title 10, 

United States Code.’’. 

(3) Subsection (b) of section 2814 of the Military Construction Authorization Act for Fiscal Year 1995 (division B of Public Law 103–337; 10 U.S.C. 2687 note) is amended to read as 

follows: 

‘‘(b) BASE CLOSURE LAW DEFINED.—In this section, the term 

‘base closure law’ has the meaning given such term in section 

101(a)(17) of title 10, United States Code.’’. 

(4) Subsection (c) of section 3341 of title 5, United States 

Code, is amended to read as follows: 

‘‘(c) For purposes of this section, the term ‘base closure law’ has 

the meaning given such term in section 101(a)(17) of title 10.’’. 

(5) Chapter 5 of title 40, United States Code, is amended—

(A) in section 554(a)(1), by striking ‘‘means’’ and all 

that follows and inserting ‘‘has the meaning given that 

term in section 101(a)(17) of title 10.’’; and 

(B) in section 572(b)(1)(B), by striking ‘‘section 

2667(h)(2) of title 10’’ and inserting ‘‘section 101(a)(17) of 

title 10’’. 

(6) The Act of November 13, 2000, entitled ‘‘An Act to 

amend the Organic Act of Guam, and for other purposes’’ (Public Law 106–504; 114 Stat. 2309) is amended by striking paragraph (2) of section 1(c) and inserting the following new paragraph (2): 


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‘‘(2) The term ‘base closure law’ has the meaning given such 

term in section 101(a)(17) of title 10, United States Code.’’. (b) DEFINITION OF STATE FOR PURPOSES OF SECTION 2694A.— Subsection (i) of section 2694a of title 10, United States Code, as 

amended by subsection (a)(1), is further amended— (1) by redesignating paragraphs (3) and (4) as paragraphs 

(2) and (3), respectively; and 

(2) in paragraph (3), as so redesignated, by striking ‘‘and 

the territories and possessions of the United States’’ and inserting ‘‘Guam, the Virgin Islands, and American Samoa’’. (c) OTHER MISCELLANEOUS CORRECTIONS TO TITLE 10, UNITED

STATES CODE.—Title 10, United States Code, is amended as follows: 

(1) Section 101(e)(4)(B)(ii) is amended by striking the 

comma after ‘‘bulk explosives’’. 

(2) Section 127b(d)(1) is amended by striking ‘‘polices’’ in 

the second sentence and inserting ‘‘policies’’. 

(3) Section 1732 is amended—

(A) in subsection (c)—

(i) by striking ‘‘(b)(2)(A) and (b)(2)(B)’’ in paragraphs (1) and (2) and inserting ‘‘(b)(1)(A) and 

(b)(1)(B)’’; and 

(ii) by striking paragraph (3); and 

(B) in subsection (d)(2), by striking ‘‘(b)(2)(A)(ii)’’ and 

inserting ‘‘(b)(1)(A)(ii)’’. 

(4) Section 2410n(b) is amended by striking ‘‘compeititon’’

in the second sentence and inserting ‘‘competition’’. 

(5) Section 2507(d) is amended by striking ‘‘section (a)’’ and 

inserting ‘‘subsection (a)’’. 

(6) Section 2665(a) is amended by striking ‘‘under section 

2664 of this title’’. 

(7) Section 2703(b) is amended by striking ‘‘For purposes of 

the preceding sentence, the terms ‘unexploded ordnance’, ‘discarded military munitions’, and’’ and inserting ‘‘In this subsection, the terms ‘discarded military munitions’ and’’. 

(8) Section 2773a(a) is amended by inserting ‘‘by’’ after ‘‘incorrect payment made’’ in the first sentence. 

(9) Section 2801(d) is amended by striking ‘‘sections 2830 

and 2835’’ and inserting ‘‘sections 2830, 2835, and 2836 of this 

chapter’’. 

(10) Section 2881a(f) is amended by striking ‘‘Notwithstanding section 2885 of this title, the’’ and inserting ‘‘The’’. 

(11) Section 3084 is amended by striking the semicolon in 

the section heading and inserting a colon. 

(d) RONALD W. REAGAN NATIONAL DEFENSE AUTHORIZATION

ACT FOR FISCAL YEAR 2005.—Section 1105(h) of the Ronald W. 

Reagan National Defense Authorization Act for Fiscal Year 2005 

(Public Law 108–375; 118 Stat. 2075) is amended by striking ‘‘(21 

U.S.C.’’ and inserting ‘‘(20 U.S.C.’’. 

(e) BOB STUMP NATIONAL DEFENSE AUTHORIZATION ACT FOR

FISCAL YEAR 2003.—The Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314) is amended as 

follows: 

(1) Section 314 (116 Stat. 2508) is amended— (A) in subsection (d), by striking ‘‘(40 U.S.C.’’ and inserting ‘‘(42 U.S.C.’’; and 


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(B) in subsection (e)(2), by striking ‘‘(40 U.S.C.’’ and inserting ‘‘(42 U.S.C.’’. 

(2) Section 635(a) (116 Stat. 2574) is amended by inserting 

‘‘the first place it appears’’ after ‘‘by striking ‘a claim’ ’’. 

(f) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

1994.—Section 1605(a)(4) of the National Defense Authorization Act 

for Fiscal Year 1994 (22 U.S.C. 2751 note) is amended by striking 

‘‘Logisitics’’ in the first sentence and inserting ‘‘Logistics’’. 

(g) TITLE 38, UNITED STATES CODE.—Section 8111(b)(1) of title 

38, United States Code, is amended by inserting ‘‘of 1993’’ after ‘‘the 

Government Performance and Results Act’’. 

SEC. 1057. DELETION OF OBSOLETE DEFINITIONS IN TITLES 10 AND 32, 

UNITED STATES CODE. 

(a) DELETING OBSOLETE DEFINITION OF ‘‘TERRITORY’’ IN TITLE

10.—Title 10, United States Code, is amended as follows: 

(1) Section 101(a) is amended by striking paragraph (2). 

(2) The following sections are amended by striking the 

terms ‘‘Territory or’’, ‘‘or Territory’’, ‘‘a Territorial Department,’’, 

‘‘or a Territory’’, ‘‘Territory and’’, ‘‘its Territories,’’, and ‘‘and 

Territories’’ each place they appear: sections 101(a)(3), 332, 822, 

1072, 1103, 2671, 3037, 5148, 8037, 8074, 12204, and 12642. 

(3) The following sections are amended by striking the 

terms ‘‘Territory,’’ and ‘‘Territories,’’ each place they appear: sections 849, 858, 888, 2668, 2669, 7545, and 9773. 

(4) Section 808 is amended by striking ‘‘Territory, Commonwealth, or possession,’’ and inserting ‘‘Commonwealth, possession,’’. 

(5) The following sections are amended by striking ‘‘Territories, Commonwealths, or possessions’’ each place it appears 

and inserting ‘‘Commonwealths or possessions’’: sections 847, 

2734, 4778, 5986, 7652, 7653, and 12406. 

(6) The following sections are amended by striking ‘‘Territories, Commonwealths, and possessions’’ each place it appears 

and inserting ‘‘Commonwealths and possessions’’: sections 846, 

3062, 3074, 4747, 4778, 8062, and 9778. 

(7) Section 312 is amended by striking ‘‘States and Territories, and Puerto Rico’’ and inserting ‘‘States, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands’’. 

(8) Section 335 is amended by striking ‘‘the unincorporated 

territories of’’. 

(9) Sections 4301 and 9301 are amended by striking ‘‘State 

or Territory, Puerto Rico, or the District of Columbia’’ each 

place it appears and inserting ‘‘State, the Commonwealth of 

Puerto Rico, the District of Columbia, Guam, or the Virgin Islands’’. 

(10) Sections 4685 and 9685 are amended by striking 

‘‘State or Territory concerned’’ each place it appears and inserting ‘‘State concerned or Guam or the Virgin Islands’’ and by 

striking ‘‘State and Territorial’’ each place it appears and inserting ‘‘State, Guam, and the Virgin Islands’’. 

(11) Section 7851 is amended by striking ‘‘States, the Territories, and the District of Columbia’’ and inserting ‘‘States, the 

District of Columbia, Guam, and the Virgin Islands’’. 


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(12) Section 7854 is amended by striking ‘‘any State, any 

Territory, or the District of Columbia’’ and inserting ‘‘any State, 

the District of Columbia, Guam, or the Virgin Islands’’. (b) DELETING OBSOLETE DEFINITION OF ‘‘TERRITORY’’ IN TITLE

32.—Title 32, United States Code, is amended as follows: 

(1) Paragraph (1) of section 101 is amended to read as follows: ‘‘(1) For purposes of other laws relating to the militia, the 

National Guard, the Army National Guard of the United 

States, and the Air National Guard of the United States, the 

term ‘Territory’ includes Guam and the Virgin Islands.’’. (2) Sections 103, 104(c), 314, 315, 708(d), and 711 are 

amended by striking ‘‘State and Territory, Puerto Rico, and the 

District of Columbia’’ and ‘‘State or Territory, Puerto Rico, and 

the District of Columbia’’ each place they appear and inserting ‘‘State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands’’. (3) Sections 104(d), 107, 109, 503, 703, 704, 710, and 712 

are amended by striking ‘‘State or Territory, Puerto Rico, or the 

District of Columbia’’ and ‘‘State or Territory, Puerto Rico, the 

Virgin Islands or the District of Columbia’’ each place they appear and inserting ‘‘State, the Commonwealth of Puerto Rico, 

the District of Columbia, Guam, or the Virgin Islands’’. (4) Sections 104(a), 505, 702(a), and 708(a) are amended by 

striking ‘‘State or Territory and Puerto Rico’’, ‘‘State or Territory or Puerto Rico’’, and ‘‘State or Territory, Puerto Rico’’ each 

place they appear and inserting ‘‘State, the Commonwealth of 

Puerto Rico, Guam, and the Virgin Islands’’. (5) Section 324 is amended by striking ‘‘State or Territory 

of whose National Guard he is a member, or by the laws of 

Puerto Rico, or the District of Columbia, if he is a member of 

its National Guard’’ and inserting ‘‘State of whose National 

Guard he is a member, or by the laws of the Commonwealth of 

Puerto Rico, or the District of Columbia, Guam, or the Virgin 

Islands, whose National Guard he is a member’’. (6) Section 325 is amended by striking ‘‘State or Territory, 

or of Puerto Rico’’ and ‘‘State or Territory or Puerto Rico’’ each 

place they appear and inserting ‘‘State, or of the Commonwealth 

of Puerto Rico, Guam, or the Virgin Islands’’. (7) Sections 326, 327, and 501 are amended by striking ‘‘States and Territories, Puerto Rico, and the District of Columbia’’ each place it appears and inserting ‘‘States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the 

Virgin Islands’’. 

SEC. 1058. SUPPORT FOR YOUTH ORGANIZATIONS. 

(a) YOUTH ORGANIZATION DEFINED.—In this section, the term 

‘‘youth organization’’ means—

(1) the Boy Scouts of America; 

(2) the Girl Scouts of the United States of America; 

(3) the Boys Clubs of America; 

(4) the Girls Clubs of America; 

(5) the Young Men’s Christian Association; 

(6) the Young Women’s Christian Association; 

(7) the Civil Air Patrol; 

(8) the United States Olympic Committee; 


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(9) the Special Olympics; 

(10) Campfire USA; 

(11) the Young Marines; 

(12) the Naval Sea Cadets Corps; 

(13) 4–H Clubs; 

(14) the Police Athletic League; 

(15) Big Brothers—Big Sisters of America; 

(16) National Guard Challenge Program; and 

(17) any other organization designated by the President as 

an organization that is primarily intended to— (A) serve individuals under the age of 21 years; 

(B) provide training in citizenship, leadership, physical 

fitness, service to community, and teamwork; and 

(C) promote the development of character and ethical 

and moral values. 

(b) SUPPORT FOR YOUTH ORGANIZATIONS.—

(1) CONTINUATION OF SUPPORT.—No Federal law (including any rule, regulation, directive, instruction, or order) shall be 

construed to limit any Federal agency from providing any form 

of support for a youth organization (including the Boy Scouts 

of America or any group officially affiliated with the Boy Scouts 

of America) that would result in that Federal agency providing 

less support to that youth organization (or any similar organization chartered under the chapter of title 36, United States 

Code, relating to that youth organization) than was provided 

during the preceding fiscal year to that youth organization. 

This paragraph shall be subject to the availability of appropriations. 

(2) YOUTH ORGANIZATIONS THAT CEASE TO EXIST.—Paragraph (1) shall not apply to any youth organization that ceases 

to exist. 

(3) WAIVERS.—The head of a Federal agency may waive the 

application of paragraph (1) to a youth organization with respect to each conviction or investigation described under subparagraph (A) or (B) for a period of not more than two fiscal 

years if—

(A) any senior officer (including any member of the 

board of directors) of the youth organization is convicted of 

a criminal offense relating to the official duties of that officer or the youth organization is convicted of a criminal offense; or 

(B) the youth organization is the subject of a criminal 

investigation relating to fraudulent use or waste of Federal 

funds. 

(4) TYPES OF SUPPORT.—Support described in paragraph 

(1) includes—

(A) authorizing a youth organization to hold meetings, 

camping events, or other activities on Federal property; 

(B) hosting any official event of a youth organization; 

(C) loaning equipment for the use of a youth organization; and 

(D) providing personnel services and logistical support 

for a youth organization. 

(c) CONTINUATION OF DEPARTMENT OF DEFENSE OF SUPPORT

FOR SCOUT JAMBOREES.—Section 2554 of title 10, United States 


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Code, is amended by adding at the end the following new subsection: ‘‘(i)(1) The Secretary of Defense shall provide at least the same 

level of support under this section for a national or world Boy Scout 

Jamboree as was provided under this section for the preceding national or world Boy Scout Jamboree. ‘‘(2) The Secretary of Defense may waive paragraph (1), if the 

Secretary—

‘‘(A) determines that providing the support subject to paragraph (1) would be detrimental to the national security of the 

United States; and ‘‘(B) submits to Congress a report containing such determination in a timely manner, and before the waiver takes effect.’’. (d) EQUAL ACCESS FOR YOUTH ORGANIZATIONS.—Section 109 of 

the Housing and Community Development Act of 1974 (42 U.S.C. 

5309) is amended— (1) in the first sentence of subsection (b), by inserting ‘‘or 

(e)’’ after ‘‘subsection (a)’’; and 

(2) by adding at the end the following new subsection: ‘‘(e) EQUAL ACCESS.—

‘‘(1) DEFINITION.—In this subsection, the term ‘youth organization’ means an organization described under part B of subtitle II of title 36, United States Code, that is intended to serve 

individuals under the age of 21 years. 

‘‘(2) IN GENERAL.—No State or unit of general local government that has a designated open forum, limited public forum, 

or nonpublic forum and that is a recipient of assistance under 

this title shall deny equal access or a fair opportunity to meet 

to, or discriminate against, any youth organization, including 

the Boy Scouts of America or any group officially affiliated with 

the Boy Scouts of America, that wishes to conduct a meeting or 

otherwise participate in that designated open forum, limited 

public forum, or nonpublic forum.’’. 

SEC. 1059. SPECIAL IMMIGRANT STATUS FOR PERSONS SERVING AS 

TRANSLATORS WITH UNITED STATES ARMED FORCES. 

(a) IN GENERAL.—For purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), subject to subsection (c)(1), the Secretary of Homeland Security may provide an alien described in subsection (b) with the status of a special immigrant under section 

101(a)(27) of such Act (8 U.S.C. 1101(a)(27)), if the alien—

(1) files with the Secretary of Homeland Security a petition 

under section 204 of such Act (8 U.S.C. 1154) for classification 

under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); and 

(2) is otherwise eligible to receive an immigrant visa and 

is otherwise admissible to the United States for permanent residence, except in determining such admissibility, the grounds for 

inadmissibility specified in section 212(a)(4) of such Act (8 

U.S.C. 1182(a)(4)) shall not apply. 

(b) ALIENS DESCRIBED.—

(1) PRINCIPAL ALIENS.—An alien is described in this subsection if the alien—

(A) is a national of Iraq or Afghanistan; 

(B) worked directly with United States Armed Forces 

as a translator for a period of at least 12 months; 


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(C) obtained a favorable written recommendation from 

a general or flag officer in the chain of command of the 

United States Armed Forces unit that was supported by the 

alien; and 

(D) before filing the petition described in subsection 

(a)(1), cleared a background check and screening, as determined by a general or flag officer in the chain of command 

of the United States Armed Forces unit that was supported 

by the alien. 

(2) SPOUSES AND CHILDREN.—An alien is described in this 

subsection if the alien is the spouse or child of a principal alien 

described in paragraph (1), and is following or accompanying 

to join the principal alien. 

(c) NUMERICAL LIMITATIONS.— (1) IN GENERAL.—The total number of principal aliens who 

may be provided special immigrant status under this section 

during any fiscal year shall not exceed 50. 

(2) COUNTING AGAINST SPECIAL IMMIGRANT CAP.—For purposes of the application of sections 201 through 203 of the Immigration and Nationality Act (8 U.S.C. 1151–1153) in any fiscal year, aliens eligible to be provided status under this section 

shall be treated as special immigrants described in section 

101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who are not described in subparagraph (A), (B), (C), or (K) of such section. 

(d) APPLICATION OF IMMIGRATION AND NATIONALITY ACT PROVISIONS.—The definitions in subsections (a) and (b) of section 101 of 

the Immigration and Nationality Act (8 U.S.C. 1101) shall apply in 

the administration of this section. 

SEC. 1060. EXPANSION OF EMERGENCY SERVICES UNDER RECIPROCAL 

AGREEMENTS. 

Subsection (b) of the first section of the Act of May 27, 1955 (42 

U.S.C. 1856(b)), is amended by striking ‘‘and fire fighting’’ and inserting ‘‘, fire fighting, and emergency services, including basic medical support, basic and advanced life support, hazardous material 

containment and confinement, and special rescue events involving 

vehicular and water mishaps, and trench, building, and confined 

space extractions’’. 

SEC. 1061. RENEWAL OF MORATORIUM ON RETURN OF VETERANS MEMORIAL OBJECTS TO FOREIGN NATIONS WITHOUT SPECIFIC AUTHORIZATION IN LAW. 

Section 1051(c) of the National Defense Authorization Act for 

Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 2572 note) is 

amended—

(1) by striking ‘‘the date of the enactment of this Act’’ and 

inserting ‘‘October 5, 1999,’’; and 

(2) by inserting before the period at the end the following: 

‘‘, and during the period beginning on the date of the enactment 

of the National Defense Authorization Act for Fiscal Year 2006 

and ending on September 30, 2010’’. 

SEC. 1062. SENSE OF CONGRESS ON NATIONAL SECURITY INTEREST 

OF MAINTAINING AERONAUTICS RESEARCH AND DEVELOPMENT. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The advances made possible by Government-funded research in emerging aeronautics technologies have enabled longVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00341 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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standing military air superiority for the United States in recent 

decades. 

(2) Military aircraft incorporate advanced technologies developed at research centers of the National Aeronautics and 

Space Administration. 

(3) The vehicle systems program of the National Aeronautics and Space Administration has provided major technology advances that have been used in every major civil and 

military aircraft developed over the last 50 years. 

(4) It is important for the cooperative research efforts of the 

National Aeronautics and Space Administration and the Department of Defense that funding of research on military aviation technologies be robust. 

(5) Recent National Aeronautics and Space Administration 

and independent studies have demonstrated the competitiveness, scientific merit, and necessity of existing aeronautics programs. 

(6) The economic and military security of the United States 

is enhanced by the continued development of improved aeronautics technologies. 

(7) A national effort is needed to ensure that the National 

Aeronautics and Space Administration can help meet future 

aviation needs. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that it is 

in the national security interest of the United States to maintain a 

strong aeronautics research and development program within the 

Department of Defense and the National Aeronautics and Space Administration. 

SEC. 1063. AIRPORT CERTIFICATION. 

For the airport referred to in paragraph (1) to be eligible to receive approval of an airport layout plan by the Federal Aviation Administration, such airport shall ensure and provide documentation 

that— (1) the governing body of an airport built after the date of 

enactment of this Act at site number 04506.3*A and under 

number 17–0027 of the National Plan of Integrated Airport Systems is composed of a majority of local residents who live in the 

county in which such airport is located; and 

(2) the airport complies with sections 303, 303A, and 303B 

of the Federal Property and Administrative Services Act of 1949 

(41 U.S.C. 253–253b) as implemented by the Federal Acquisition Regulation issued pursuant to section 25 of the Office of 

Federal Procurement Policy Act (41 U.S.C. 421) regarding land 

procurement and developer selection. 

Subtitle G—Military Mail Matters 

SEC. 1071. SAFE DELIVERY OF MAIL IN MILITARY MAIL SYSTEM. 

(a) PLAN FOR SAFE DELIVERY OF MILITARY MAIL.—

(1) PLAN REQUIRED.—The Secretary of Defense shall develop and implement a plan to ensure that the mail within the 

military mail system is safe for delivery. The plan shall provide 

for the screening of all mail within the military mail system in 

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logical weapons, agents, or pathogens or explosive devices before 

mail within the military mail system is delivered to its intended 

recipients. 

(2) FUNDING.—The budget justification materials submitted 

to Congress with the budget of the President for fiscal year 2007 

and each fiscal year thereafter shall include a description of the 

amounts required in such fiscal year to carry out the plan. 

(b) REPORT ON SAFETY OF MAIL FOR DELIVERY.— (1) REPORT REQUIRED.—Not later than 120 days after the 

date of the enactment of this Act, the Secretary shall submit to 

Congress a report on the safety of mail within the military mail 

system for delivery. 

(2) ELEMENTS.—The report shall include the following: 

(A) An assessment of any existing deficiencies in the 

military mail system in ensuring that mail within the military mail system is safe for delivery. 

(B) The plan required by subsection (a). 

(C) An estimate of the time and resources required to 

implement the plan. 

(D) A description of the delegation within the Department of Defense of responsibility for ensuring that mail 

within the military mail system is safe for delivery, including responsibility for the development, implementation, and 

oversight of improvements to the military mail system to 

ensure that mail within the military mail system is safe for 

delivery. 

(3) FORM.—The report shall be submitted in unclassified 

form, but may include a classified annex. 

(c) MAIL WITHIN THE MILITARY MAIL SYSTEM DEFINED.—

(1) IN GENERAL.—In this section, the term ‘‘mail within the 

military mail system’’ means—

(A) any mail that is posted through the Military Post 

Offices (including Army Post Offices (APOs) and Fleet Post 

Offices (FPOs)), Department of Defense mail centers, military Air Mail Terminals, and military Fleet Mail Centers; 

and 

(B) any mail or package posted in the United States 

that is addressed to an unspecified member of the Armed 

Forces. 

(2) INCLUSIONS AND EXCEPTION.—The term includes any official mail posted by the Department of Defense. The term does 

not include any mail posted as otherwise described in paragraph (1) that has been screened for safety for delivery by the 

United States Postal Service before such posting. 

TITLE XI—CIVILIAN PERSONNEL 

MATTERS 

Subtitle A—Extensions of Authorities 

Sec. 1101. Extension of eligibility to continue Federal employee health benefits. 

Sec. 1102. Extension of Department of Defense voluntary reduction in force authority. 

Sec. 1103. Extension of authority to make lump sum severance payments. 

Sec. 1104. Permanent extension of Science, Mathematics, and Research for Transformation (SMART) Defense Education Program. 


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Sec. 1105. Authority to waive annual limitation on total compensation paid to Federal civilian employees. 

Subtitle B—Veterans Preference Matters 

Sec. 1111. Veterans’ preference status for certain veterans who served on active duty 

during the period beginning on September 11, 2001, and ending as of 

the close of Operation Iraqi Freedom. 

Sec. 1112. Veterans’ preference eligibility for military reservists. 

Subtitle C—Other Matters 

Sec. 1121. Transportation of family members in connection with the repatriation of 

Federal employees held captive. 

Sec. 1122. Strategic human capital plan for civilian employees of the Department of 

Defense. 

Sec. 1123. Independent study on features of successful personnel management systems of highly technical and scientific workforces. 

Sec. 1124. Support by Department of Defense of pilot project for Civilian Linguist 

Reserve Corps. 

Sec. 1125. Increase in authorized number of positions in Defense Intelligence Senior 

Executive Service. 

Subtitle A—Extensions of Authorities 

SEC. 1101. EXTENSION OF ELIGIBILITY TO CONTINUE FEDERAL EMPLOYEE HEALTH BENEFITS. 

Section 8905a(d)(4)(B) of title 5, United States Code, is amended—

(1) in clause (i), by striking ‘‘October 1, 2006’’ and inserting 

‘‘October 1, 2010’’; and 

(2) in clause (ii)—

(A) by striking ‘‘February 1, 2007’’ and inserting ‘‘February 1, 2011’’; and 

(B) by striking ‘‘October 1, 2006’’ and inserting ‘‘October 1, 2010’’. 

SEC. 1102. EXTENSION OF DEPARTMENT OF DEFENSE VOLUNTARY REDUCTION IN FORCE AUTHORITY. 

Section 3502(f)(5) of title 5, United States Code, is amended by 

striking ‘‘September 30, 2005’’ and inserting ‘‘September 30, 2010’’. 

SEC. 1103. EXTENSION OF AUTHORITY TO MAKE LUMP SUM SEVERANCE PAYMENTS. 

Section 5595(i)(4) of title 5, United States Code, is amended by 

striking ‘‘October 1, 2006’’ and inserting ‘‘October 1, 2010’’. 

SEC. 1104. PERMANENT EXTENSION OF SCIENCE, MATHEMATICS, AND 

RESEARCH FOR TRANSFORMATION (SMART) DEFENSE 

EDUCATION PROGRAM. 

(a) PERMANENT EXTENSION.—Section 1105 of the Ronald W. 

Reagan National Defense Authorization Act for Fiscal Year 2005 

(Public Law 108–375; 118 Stat. 2074; 10 U.S.C. 2192 note) is 

amended—

(1) by striking ‘‘pilot’’ each place it appears in the section 

and subsection headings and the text; 

(2) in subsection (a)—

(A) by striking ‘‘(1)’’; and 

(B) by striking paragraph (2); 

(3) in subsection (b)—

(A) by striking ‘‘(b)’’ and all that follows through ‘‘a 

scholarship’’ and inserting ‘‘(b) FINANCIAL ASSISTANCE.—


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(1) Under the program under this section, the Secretary of 

Defense may award a scholarship or fellowship’’; 

(B) in paragraph (1)(B)— (i) by striking ‘‘undergraduate’’ and inserting ‘‘associates degree, undergraduate degree,’’; and 

(ii) by inserting ‘‘accredited’’ before ‘‘institution of 

higher education’’; 

(C) in paragraph (2)— (i) by inserting ‘‘or fellowship’’ after ‘‘scholarship’’; 

(ii) by inserting ‘‘equipment expenses,’’ after ‘‘laboratory expenses,’’; and 

(iii) by striking the second sentence; and 

(D) by adding at the end the following new paragraph: ‘‘(3) Financial assistance provided under a scholarship or fellowship awarded under this section may be paid directly to the recipient of such scholarship or fellowship or to an administering entity for disbursement of the funds.’’; and 

(4) in subsection (c)— (A) in the heading, by inserting ‘‘FINANCIAL’’ before 

‘‘ASSISTANCE’’

(B) in paragraph (2)—

(i) by striking ‘‘a scholarship’’ and inserting ‘‘financial assistance’’; 

(ii) by striking ‘‘the financial assistance provided 

under the scholarship’’ and inserting ‘‘such financial 

assistance’’; and 

(iii) by striking the second sentence and inserting 

the following: ‘‘Except as provided in subsection (d), the 

period of service required of a recipient may not be less 

than the total period of pursuit of a degree that is covered by such financial assistance.’’. 

(b) EMPLOYMENT OF PROGRAM PARTICIPANTS.—Such section is 

further amended— (1) by striking subsection (g); 

(2) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and 

(3) by inserting after subsection (c) the following new subsection (d): 

‘‘(d) EMPLOYMENT OF PROGRAM PARTICIPANTS.—(1) The Secretary of Defense may— ‘‘(A) appoint or retain a person participating in the program under this section in a position on an interim basis during the period of such person’s pursuit of a degree under the 

program and for a period not to exceed 2 years after completion 

of the degree, but only if, in the case of the period after completion of the degree— ‘‘(i) there is no readily available appropriate permanent 

position for such person; and ‘‘(ii) there is an active and ongoing effort to identify 

and assign such person to an appropriate permanent position as soon as practicable; and 

‘‘(B) if there is no appropriate permanent position available 

after the end of the periods described in subparagraph (A), separate such person from employment with the Department without regard to any other provision of law, in which event the 


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service agreement of such person under subsection (c) shall terminate. 

‘‘(2) The period of service of a person covered by paragraph (1) 

in a position on an interim basis under that paragraph shall, after 

completion of the degree, be treated as a period of service for purposes of satisfying the obligated service requirements of the person 

under the service agreement of the person under subsection (c).’’. (c) REFUND FOR PERIOD OF UNSERVED OBLIGATED SERVICE.— Paragraph (1) of subsection (e) of such section, as redesignated by 

subsection (c)(1) of this section, is amended to read as follows: ‘‘(1)(A) A participant in the program under this section who is 

not an employee of the Department of Defense and who voluntarily 

fails to complete the educational program for which financial assistance has been provided under this section, or fails to maintain satisfactory academic progress as determined in accordance with regulations prescribed by the Secretary of Defense, shall refund to the 

United States an appropriate amount, as determined by the Secretary. ‘‘(B) A participant in the program under this section who is an 

employee of the Department of Defense and who— ‘‘(i) voluntarily fails to complete the educational program 

for which financial assistance has been provided, or fails to 

maintain satisfactory academic progress as determined in accordance with regulations prescribed by the Secretary; or ‘‘(ii) before completion of the period of obligated service required of such participant— ‘‘(I) voluntarily terminates such participant’s employment with the Department; or ‘‘(II) is removed from such participant’s employment 

with the Department on the basis of misconduct, 

shall refund the United States an appropriate amount, as determined by the Secretary.’’. (d) CODIFICATION.— (1) AMENDMENT TO TITLE 10.—Chapter 111 of title 10, 

United States Code, is amended— (A) by inserting after section 2192 the following: 

‘‘§ 2192a. Science, Mathematics, and Research for Transformation (SMART) Defense Education Program’’; 

and 

(B) by transferring and inserting the text of section 

1105 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 

Stat. 2074; 10 U.S.C. 2192 note), as amended by subsections (a), (b), and (c), so as to appear below the section 

heading for section 2192a, as added by subparagraph (A). 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item 

relating to section 2192 the following new item: 

‘‘2192a. Science, Mathematics, and Research for Transformation (SMART) Defense 

Education Program.’’. 

(e) CONFORMING AMENDMENTS.—

(1) Section 1105 of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 

118 Stat. 2074; 10 U.S.C. 2192 note) is repealed. 


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(2) Section 3304(a)(3)(B)(ii) of title 5, United States Code, 

is amended— (A) by striking ‘‘Scholarship Pilot Program’’ and inserting ‘‘Defense Education Program’’; and 

(B) by striking ‘‘section 1105’’ and all that follows 

through the period and inserting ‘‘section 2192a of title 10, 

United States Code.’’. (f) EFFECT ON CURRENT PARTICIPANTS IN SMART PILOT PRO- GRAM.—Participation in the Science, Mathematics, and Research for 

Transformation (SMART) Defense Scholarship Pilot Program under 

section 1105 of Public Law 108–375 by an individual who has entered into an agreement under that pilot program before the date of 

the enactment of this Act shall be governed by the terms of such 

agreement without regard to the amendments made by this section. 

SEC. 1105. AUTHORITY TO WAIVE ANNUAL LIMITATION ON TOTAL COMPENSATION PAID TO FEDERAL CIVILIAN EMPLOYEES. 

(a) WAIVER AUTHORITY.—During 2006 and notwithstanding 

section 5547 of title 5, United States Code, the head of an executive 

agency may waive, subject to subsection (b), the limitation established in that section for total compensation (including limitations 

on the aggregate of basic pay and premium pay payable in a calendar year) of an employee who performs work while in an overseas 

location that is in the area of responsibility of the commander of the 

United States Central Command, in direct support of or directly related to a military operation (including a contingency operation as 

defined in section 101(13) of title 10, United States Code). (b) $200,000 MAXIMUM TOTAL COMPENSATION.—The total compensation of an employee whose pay is covered by a waiver under 

subsection (a) may not exceed $200,000 in a calendar year. 

(c) ADDITIONAL PAY NOT CONSIDERED BASIC PAY.—To the extent 

that a waiver under subsection (a) results in payment of additional 

premium pay of a type that is normally creditable as basic pay for 

retirement or any other purpose, such additional pay—

(1) shall not be considered to be basic pay for any purpose; 

and 

(2) shall not be used in computing a lump sum payment for 

accumulated and accrued annual leave under section 5551 of 

title 5, United States Code. 

Subtitle B—Veterans Preference Matters 

SEC. 1111. VETERANS’ PREFERENCE STATUS FOR CERTAIN VETERANS 

WHO SERVED ON ACTIVE DUTY DURING THE PERIOD BEGINNING ON SEPTEMBER 11, 2001, AND ENDING AS OF THE 

CLOSE OF OPERATION IRAQI FREEDOM. 

(a) DEFINITION OF VETERAN.—Section 2108(1) of title 5, United 

States Code, is amended—

(1) in subparagraph (B), by striking ‘‘or’’ at the end; 

(2) in subparagraph (C), by adding ‘‘or’’ after the semicolon; 

and 

(3) by inserting after subparagraph (C) the following: 

‘‘(D) served on active duty as defined by section 101(21) 

of title 38 at any time in the armed forces for a period of 

more than 180 consecutive days any part of which occurred 

during the period beginning on September 11, 2001, and 


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ending on the date prescribed by Presidential proclamation 

or by law as the last date of Operation Iraqi Freedom;’’. (b) CONFORMING AMENDMENT.—Section 2108(3)(B) of such title 

is amended by striking ‘‘paragraph (1)(B) or (C)’’ and inserting ‘‘paragraph (1)(B), (C), or (D)’’. 

SEC. 1112. VETERANS’ PREFERENCE ELIGIBILITY FOR MILITARY RESERVISTS. 

(a) VETERANS’ PREFERENCE ELIGIBILITY.—Section 2108(1) of 

title 5, United States Code, is amended by striking ‘‘separated from’’ and inserting ‘‘discharged or released from active duty in’’. (b) SAVINGS PROVISION.—Nothing in the amendment made by 

subsection (a) may be construed to affect a determination made before the date of enactment of this Act that an individual is a preference eligible (as defined in section 2108(3) of title 5, United States 

Code). 

Subtitle C—Other Matters 

SEC. 1121. TRANSPORTATION OF FAMILY MEMBERS IN CONNECTION 

WITH THE REPATRIATION OF FEDERAL EMPLOYEES HELD 

CAPTIVE. 

(a) ALLOWANCES AUTHORIZED.—Chapter 57 of title 5, United 

States Code, is amended by adding at the end the following new section: 

‘‘§ 5760. Travel and transportation allowances: transportation of family members incident to the repatriation of employees held captive 

‘‘(a) ALLOWANCE FOR FAMILY MEMBERS AND CERTAIN OTH- ERS.—(1) Under uniform regulations prescribed by the heads of 

agencies, travel and transportation described in subsection (d) may 

be provided for not more than 3 family members of an employee described in subsection (b). ‘‘(2) In addition to the family members authorized to be provided travel and transportation under paragraph (1), the head of an 

agency may provide travel and transportation described in subsection (d) to an attendant to accompany a family member described 

in subsection (b) if the head of an agency determines— ‘‘(A) the family member to be accompanied is unable to 

travel unattended because of age, physical condition, or other 

reason determined by the head of the agency; and ‘‘(B) no other family member who is eligible for travel and 

transportation under subsection (a) is able to serve as an attendant for the family member. 

‘‘(3) If no family member of an employee described in subsection 

(b) is able to travel to the repatriation site of the employee, travel 

and transportation described in subsection (d) may be provided to 

not more than 2 persons related to and selected by the employee. ‘‘(b) COVERED EMPLOYEES.—An employee described in this subsection is an employee (as defined in section 2105 of this title) 

who— ‘‘(1) was held captive, as determined by the head of an 

agency concerned; and ‘‘(2) is repatriated to a site inside or outside the United 

States. 


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‘‘(c) ELIGIBLE FAMILY MEMBERS.—In this section, the term ‘family member’ has the meaning given the term in section 411h(b) of 

title 37. ‘‘(d) TRAVEL AND TRANSPORTATION AUTHORIZED.—(1) The 

transportation authorized by subsection (a) is round-trip transportation between the home of the family member (or home of the attendant or person provided transportation under paragraph (2) or 

(3) of subsection (a), as the case may be) and the location of the repatriation site at which the employee is located. ‘‘(2) In addition to the transportation authorized by subsection 

(a), the head of an agency may provide a per diem allowance or reimbursement for the actual and necessary expenses of the travel, or 

a combination thereof, but not to exceed the rates established for 

such allowances and expenses under section 404(d) of title 37. ‘‘(3) The transportation authorized by subsection (a) may be provided by any of the means described in section 411h(d)(1) of title 37. ‘‘(4) An allowance under this subsection may be paid in advance. ‘‘(5) Reimbursement payable under this subsection may not exceed the cost of government-procured round-trip air travel.’’. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 57 of such title is amended by adding at the end 

the following new item: 

‘‘5760. Travel and transportation allowances: transportation of family members incident to the repatriation of employees held captive.’’. 

SEC. 1122. STRATEGIC HUMAN CAPITAL PLAN FOR CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE. 

(a) PLAN REQUIRED.—(1) Not later than one year after the date 

of the enactment of this Act, the Secretary of Defense shall develop 

and submit to the Committees on Armed Services of the Senate and 

House of Representatives a strategic plan to shape and improve the 

civilian employee workforce of the Department of Defense. 

(2) The plan shall be known as the ‘‘strategic human capital 

plan’’. 

(b) CONTENTS.—The strategic human capital plan required by 

subsection (a) shall include— (1) an assessment of— (A) the critical skills and competencies that will be 

needed in the future civilian employee workforce of the Department of Defense to support national security requirements and effectively manage the Department over the next 

decade; 

(B) the skills and competencies of the existing civilian 

employee workforce of the Department and projected trends 

in that workforce based on expected losses due to retirement 

and other attrition; and 

(C) gaps in the existing or projected civilian employee 

workforce of the Department that should be addressed to 

ensure that the Department has continued access to the 

critical skills and competencies described in subparagraph 

(A); and 

(2) a plan of action for developing and reshaping the civilian employee workforce of the Department to address the gaps 

in critical skills and competencies identified under paragraph 

(1)(C), including—


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(A) specific recruiting and retention goals, including 

the program objectives of the Department to be achieved 

through such goals; and 

(B) specific strategies for development, training, deploying, compensating, and motivating the civilian employee 

workforce of the Department, including the program objectives of the Department to be achieved through such strategies. 

(c) ANNUAL UPDATES.—Not later than March 1 of each year 

from 2007 through 2010, the Secretary shall update the strategic 

human capital plan required by subsection (a), as previously updated under this subsection. 

(d) ANNUAL REPORTS.—Not later than March 1 of each year 

from 2007 through 2010, the Secretary shall submit to the appropriate committees of Congress—

(1) the update of the strategic human capital plan prepared 

in such year under subsection (c); and 

(2) the assessment of the Secretary, using results-oriented 

performance measures, of the progress of the Department of Defense in implementing the strategic human capital plan. 

(e) COMPTROLLER GENERAL REVIEW.—Not later than 90 days 

after the Secretary submits under subsection (a) the strategic human 

capital plan required by that subsection, the Comptroller General 

shall submit to the Committees on Armed Services of the Senate and 

House of Representatives a report on the plan. 

SEC. 1123. INDEPENDENT STUDY ON FEATURES OF SUCCESSFUL PERSONNEL MANAGEMENT SYSTEMS OF HIGHLY TECHNICAL 

AND SCIENTIFIC WORKFORCES. 

(a) INDEPENDENT STUDY.—The Secretary of Defense shall commission an independent study to identify the features of successful 

personnel management systems of the highly technical and scientific 

workforces of the Department of Defense laboratories and similar 

scientific facilities and institutions. 

(b) ELEMENTS.—The study required by subsection (a) shall include the following: 

(1) An examination of the personnel management authorities under statute or regulation currently being used, or available for use, at Department of Defense demonstration laboratories to assist in the management of the workforce of such laboratories. 

(2) A list of personnel management authorities and practices critical to successful mission execution, obtained through 

interviews with selected, premier government and private sector 

laboratory directors. 

(3) A comparative assessment of the effectiveness of the Department of Defense technical workforce management authorities and practices with that of other similar entities. 

(4) Such recommendations as are considered appropriate 

for the effective use of available personnel management authorities to ensure the successful personnel management of the highly technical and scientific workforce of the Department of Defense. 


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SEC. 1124. SUPPORT BY DEPARTMENT OF DEFENSE OF PILOT PROJECT 

FOR CIVILIAN LINGUIST RESERVE CORPS. 

Subject to the availability of appropriated funds, the Secretary 

of Defense may support implementation of the Civilian Linguist Reserve Corps pilot project authorized by section 613 of the Intelligence 

Authorization Act for Fiscal Year 2005 (Public Law 108–487; 118 

Stat. 3959; 50 U.S.C. 403–1b note). 

SEC. 1125. INCREASE IN AUTHORIZED NUMBER OF POSITIONS IN DEFENSE INTELLIGENCE SENIOR EXECUTIVE SERVICE. 

Section 1606(a) of title 10, United States Code, is amended by 

striking ‘‘544’’ and inserting ‘‘594’’. 

TITLE XII—MATTERS RELATING TO 

FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Extension of humanitarian and civic assistance provided to host nations 

in conjunction with military operations. 

Sec. 1202. Commanders’ Emergency Response Program. 

Sec. 1203. Modification of geographic restriction under bilateral and regional cooperation programs for payment of certain expenses of defense personnel 

of developing countries. 

Sec. 1204. Authority for Department of Defense to enter into acquisition and crossservicing agreements with regional organizations of which the United 

States is not a member. 

Sec. 1205. Two-year extension of authority for payment of certain administrative 

services and support for coalition liaison officers. 

Sec. 1206. Authority to build the capacity of foreign military forces. 

Sec. 1207. Security and stabilization assistance. 

Sec. 1208. Reimbursement of certain coalition nations for support provided to 

United States military operations. 

Sec. 1209. Authority to transfer defense articles and provide defense services to the 

military and security forces of Iraq and Afghanistan. 

Subtitle B—Nonproliferation Matters and Countries of Concern 

Sec. 1211. Prohibition on procurements from Communist Chinese military companies. 

Sec. 1212. Report on nonstrategic nuclear weapons. 

Subtitle C—Reports and Sense of Congress Provisions 

Sec. 1221. War-related reporting requirements. 

Sec. 1222. Quarterly reports on war strategy in Iraq. 

Sec. 1223. Report on records of civilian casualties in Afghanistan and Iraq. 

Sec. 1224. Annual report on Department of Defense costs to carry out United Nations resolutions. 

Sec. 1225. Report on claims related to the bombing of the LaBelle Discotheque. 

Sec. 1226. Sense of Congress concerning cooperation with Russia on issues pertaining to missile defense. 

Sec. 1227. United States policy on Iraq. 

Subtitle D—Other Matters 

Sec. 1231. Purchase of weapons overseas for force protection purposes in countries 

in which combat operations are ongoing. 

Sec. 1232. Riot control agents. 

Sec. 1233. Requirement for establishment of certain criteria applicable to Global 

Posture Review. 

Sec. 1234. The United States-China Economic Security Review Commission. 


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Subtitle A—Assistance and Training 

SEC. 1201. EXTENSION OF HUMANITARIAN AND CIVIC ASSISTANCE 

PROVIDED TO HOST NATIONS IN CONJUNCTION WITH 

MILITARY OPERATIONS. 

(a) LIMITATION ON AMOUNT OF ASSISTANCE FOR CLEARANCE OF

LANDMINES, ETC.—Subsection (c)(3) of section 401 of title 10, 

United States Code is amended by striking ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. 

(b) EXTENSION AND CLARIFICATION OF TYPES OF HEALTH CARE

AUTHORIZED.—Subsection (e)(1) of such section is amended—

(1) by inserting ‘‘surgical,’’ before ‘‘dental,’’ both places it 

appears; and 

(2) by inserting ‘‘, including education, training, and technical assistance related to the care provided’’ before the period 

at the end. 

SEC. 1202. COMMANDERS’ EMERGENCY RESPONSE PROGRAM. 

(a) AUTHORITY FOR FISCAL YEARS 2006 AND 2007.—During 

each of fiscal years 2006 and 2007, from funds made available to 

the Department of Defense for operation and maintenance for such 

fiscal year, not to exceed $500,000,000 may be used by the Secretary 

of Defense in such fiscal year to provide funds—

(1) for the Commanders’ Emergency Response Program; 

and 

(2) for a similar program to assist the people of Afghanistan. 

(b) QUARTERLY REPORTS.—Not later than 15 days after the end 

of each fiscal-year quarter of fiscal years 2006 and 2007, the Secretary of Defense shall submit to the congressional defense committees a report regarding the source of funds and the allocation and 

use of funds during that quarter that were made available pursuant 

to the authority provided in this section or under any other provision of law for the purposes of the programs under subsection (a). 

(c) SUBMISSION OF GUIDANCE.—

(1) INITIAL SUBMISSION.—Not later than 30 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

submit to the congressional defense committees a copy of the 

guidance issued by the Secretary to the Armed Forces concerning the allocation of funds through the Commanders’ Emergency Response Program and any similar program to assist the 

people of Afghanistan. 

(2) MODIFICATIONS.—If the guidance in effect for the purpose stated in paragraph (1) is modified, the Secretary shall 

submit to the congressional defense committees a copy of the 

modification not later than 15 days after the date on which the 

Secretary makes the modification. 

(d) WAIVER AUTHORITY.—For purposes of exercising the authority provided by this section or any other provision of law making 

funding available for the Commanders’ Emergency Response Program or any similar program to assist the people of Afghanistan, 

the Secretary of Defense may waive any provision of law not contained in this section that would (but for the waiver) prohibit, restrict, limit, or otherwise constrain the exercise of that authority. 


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(e) COMMANDERS’ EMERGENCY RESPONSE PROGRAM DEFINED.—

In this section, the term ‘‘Commanders’ Emergency Response Program’’ means the program established by the Administrator of the 

Coalition Provisional Authority for the purpose of enabling United 

States military commanders in Iraq to respond to urgent humanitarian relief and reconstruction requirements within their areas of 

responsibility by carrying out programs that will immediately assist 

the Iraqi people. 

SEC. 1203. MODIFICATION OF GEOGRAPHIC RESTRICTION UNDER BILATERAL AND REGIONAL COOPERATION PROGRAMS FOR 

PAYMENT OF CERTAIN EXPENSES OF DEFENSE PERSONNEL OF DEVELOPING COUNTRIES. 

Section 1051(b)(1) of title 10, United States Code, is amended—

(1) by inserting ‘‘to and’’ after ‘‘in connection with travel’’; 

and 

(2) by striking ‘‘in which the developing country is located’’

and inserting ‘‘in which the bilateral or regional conference, 

seminar, or similar meeting for which expenses are authorized 

is located’’. 

SEC. 1204. AUTHORITY FOR DEPARTMENT OF DEFENSE TO ENTER 

INTO ACQUISITION AND CROSS-SERVICING AGREEMENTS 

WITH REGIONAL ORGANIZATIONS OF WHICH THE UNITED 

STATES IS NOT A MEMBER. 

Subchapter I of chapter 138 of title 10, United States Code, is 

amended by striking ‘‘of which the United States is a member’’ in 

sections 2341(1), 2342(a)(1)(C), and 2344(b)(4). 

SEC. 1205. TWO-YEAR EXTENSION OF AUTHORITY FOR PAYMENT OF 

CERTAIN ADMINISTRATIVE SERVICES AND SUPPORT FOR 

COALITION LIAISON OFFICERS. 

Section 1051a(e) of title 10, United States Code, is amended by 

striking ‘‘September 30, 2005’’ and inserting ‘‘September 30, 2007’’. 

SEC. 1206. AUTHORITY TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES. 

(a) AUTHORITY.—The President may direct the Secretary of Defense to conduct or support a program to build the capacity of a foreign country’s national military forces in order for that country to—

(1) conduct counterterrorist operations; or 

(2) participate in or support military and stability operations in which the United States Armed Forces are a participant. 

(b) TYPES OF CAPACITY BUILDING.—

(1) AUTHORIZED ELEMENTS.—The program directed by the 

President under subsection (a) may include the provision of 

equipment, supplies, and training. 

(2) REQUIRED ELEMENTS.—The program directed by the 

President under subsection (a) shall include elements that promote—

(A) observance of and respect for human rights and 

fundamental freedoms; and 

(B) respect for legitimate civilian authority within that 

country. 

(c) LIMITATIONS.— (1) ANNUAL FUNDING LIMITATION.—The Secretary of De- fense may use up to $200,000,000 of funds available for defense-wide operation and maintenance for any fiscal year to 


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conduct or support activities directed by the President under 

subsection (a) in that fiscal year. 

(2) ASSISTANCE OTHERWISE PROHIBITED BY LAW.—The 

President may not use the authority in subsection (a) to provide 

any type of assistance described in subsection (b) that is otherwise prohibited by any provision of law. 

(3) LIMITATION ON ELIGIBLE COUNTRIES.—The President 

may not use the authority in subsection (a) to provide assistance 

described in subsection (b) to any foreign country that is otherwise prohibited from receiving such type of assistance under 

any other provision of law. 

(d) FORMULATION AND EXECUTION OF PROGRAM.—The Secretary 

of Defense and the Secretary of State shall jointly formulate any 

program directed by the President under subsection (a). The Secretary of Defense shall coordinate with the Secretary of State in the 

implementation of any program directed by the President under 

subsection (a). 

(e) CONGRESSIONAL NOTIFICATION.— (1) PRESIDENTIAL DIRECTION.—At the time the President directs the Secretary of Defense to conduct or support a program 

authorized in subsection (a), the President shall provide a written copy of that direction to the Congress. 

(2) ACTIVITIES IN A COUNTRY.—Not less than 15 days before 

initiating activities in any country as directed by the President 

under subsection (a), the Secretary of Defense, in coordination 

with the Secretary of State, shall submit to the congressional 

committees specified in paragraph (3) a notice of the following: 

(A) The country whose capacity to engage in activities 

in subsection (a) will be built. 

(B) The budget, implementation timeline with milestones, and completion date for completing the program directed by the President. 

(C) The source and planned expenditure of funds to 

complete the program directed by the President. 

(3) SPECIFIED CONGRESSIONAL COMMITTEES.—The congressional committees specified in this paragraph are the following: 

(A) The Committee on Armed Services, the Committee 

on Foreign Relations, and the Committee on Appropriations 

of the Senate. 

(B) The Committee on Armed Services, the Committee 

on International Relations, and the Committee on Appropriations of the House of Representatives. 

(f) REPORT.—Not later than one year after the date of the enactment of this Act, the President shall transmit to the congressional 

committees specified in subsection (e)(3) a report examining the following issues: 

(1) The strengths and weaknesses of the Foreign Assistance 

Act of 1961, the Arms Export Control Act, and any other provision of law related to the building of the capacity of foreign governments or the training and equipping of foreign military 

forces, including strengths and weaknesses for the purposes described in subsection (a). 

(2) The changes, if any, that should be made to the Foreign 

Assistance Act of 1961, the Arms Export Control Act, and any 

other relevant provision of law that would improve the ability 


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of the United States Government to build the capacity of foreign 

governments or train and equip foreign military forces, including for the purposes described in subsection (a). 

(3) The organizational and procedural changes, if any, that 

should be made in the Department of State and the Department 

of Defense to improve their ability to conduct programs to build 

the capacity of foreign governments or train and equip foreign 

military forces, including for the purposes described in subsection (a). 

(4) The resources and funding mechanisms required to assure adequate funding for such programs. 

(g) TERMINATION OF PROGRAM.—The authority of the President 

under subsection (a) to direct the Secretary of Defense to conduct a 

program terminates at the close of September 30, 2007. Any program directed before that date may be completed, but only using 

funds available for fiscal year 2006 or fiscal year 2007. 

SEC. 1207. SECURITY AND STABILIZATION ASSISTANCE. 

(a) AUTHORITY.—The Secretary of Defense may provide services 

to, and transfer defense articles and funds to, the Secretary of State 

for the purposes of facilitating the provision by the Secretary of 

State of reconstruction, security, or stabilization assistance to a foreign country. 

(b) LIMITATION.—The aggregate value of all services, defense articles, and funds provided or transferred to the Secretary of State 

under this section in any fiscal year may not exceed $100,000,000. 

(c) AVAILABILITY OF FUNDS.—Any funds transferred to the Secretary of State under this section may remain available until expended. 

(d) CONGRESSIONAL NOTIFICATION.—

(1) REQUIREMENT FOR NOTICE.—Whenever the Secretary of 

Defense exercises the authority under subsection (a), the Secretary shall, at the time the authority is exercised, notify the 

congressional committees specified in paragraph (3) of the exercise of that authority. Any such notification shall be prepared 

in coordination with the Secretary of State. 

(2) CONTENT OF NOTIFICATION.—Any notification under 

paragraph (1) shall include a description of—

(A) the services, defense articles, or funds provided or 

transferred to the Secretary of State; and 

(B) the purpose for which such services, defense articles, and funds will be used. 

(3) SPECIFIED CONGRESSIONAL COMMITTEES.—The congressional committees specified in this paragraph are the following: 

(A) The Committee on Armed Services, the Committee 

on Foreign Relations, and the Committee on Appropriations 

of the Senate. 

(B) The Committee on Armed Services, the Committee 

on International Relations, and the Committee on Appropriations of the House of Representatives. 

(e) APPLICABLE LAW.—Any services, defense articles, or funds 

provided or transferred to the Secretary of State under the authority 

of this section that the Secretary of State uses to provide reconstruction, security, or stabilization assistance to a foreign country shall 

be subject to the authorities and limitations in the Foreign AssistVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00355 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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ance Act of 1961, the Arms Export Control Act, or any law making 

appropriations to carry out such Acts. 

(f) EXPIRATION.—The authority provided under subsection (a) 

may not be exercised after September 30, 2007. 

SEC. 1208. REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR 

SUPPORT PROVIDED TO UNITED STATES MILITARY OPERATIONS. 

(a) AUTHORITY.—From funds made available for the Department of Defense by title XV for Defense-Wide Operation and Maintenance, the Secretary of Defense may reimburse any key cooperating 

nation for logistical and military support provided by that nation 

to or in connection with United States military operations in Iraq, 

Afghanistan, and the global war on terrorism. 

(b) DETERMINATIONS.—Payments authorized under subsection 

(a) may be made in such amounts as the Secretary of Defense, with 

the concurrence of the Secretary of State and in consultation with 

the Director of the Office of Management and Budget, may determine, in the Secretary’s discretion, based on documentation determined by the Secretary of Defense to adequately account for the support provided. Any such determination by the Secretary of Defense 

shall be final and conclusive upon the accounting officers of the 

United States. To the maximum extent practicable, the Secretary 

shall develop standards for determining the kinds of logistical and 

military support to the United States that shall be considered reimbursable under this section. 

(c) LIMITATIONS.— (1) TOTAL AMOUNT.—The total amount of payments made 

under the authority of this section during fiscal year 2006 may 

not exceed $1,500,000,000. 

(2) PROHIBITION ON CONTRACTUAL OBLIGATIONS TO MAKE

PAYMENTS.—The Secretary may not enter into any contractual 

obligation to make a payment under the authority of this section. 

(d) CONGRESSIONAL NOTIFICATIONS.—The Secretary of Defense—

(1) shall notify the congressional defense committees not 

less than 15 days before making any payment under the authority of this section; and 

(2) shall submit to those committees quarterly reports on 

the use of the authority under this section. 

SEC. 1209. AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PROVIDE DEFENSE SERVICES TO THE MILITARY AND SECURITY FORCES OF IRAQ AND AFGHANISTAN. 

(a) AUTHORITY.—The President is authorized to transfer defense 

articles from the stocks of the Department of Defense and to provide 

defense services in connection with the transfer of such defense articles to the military and security forces of Iraq and Afghanistan in 

order to support the efforts of those forces to restore and maintain 

peace and security in those countries. 

(b) LIMITATION.—The aggregate value of all defense articles 

transferred and defense services provided to Iraq and Afghanistan 

under subsection (a) may not exceed $500,000,000. 

(c) APPLICABLE LAW.—Any defense articles transferred or defense services provided to Iraq or Afghanistan under the authority 

of subsection (a) shall be subject to the authorities and limitations 


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applicable to the transfer of excess defense articles under section 516 

of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), other than 

the authorities and limitations contained in subsections (b)(1)(B), 

(e), (f), and (g) of such section. 

(d) NOTIFICATION.—

(1) IN GENERAL.—The President may not transfer defense 

articles or provide defense services under subsection (a) until 15 

days after the date on which the President has provided notice 

of the proposed transfer of defense articles or provision of defense services to the appropriate congressional committees. 

(2) CONTENTS.—Such notification shall include—

(A) the information required by subparagraphs (A) 

through (D) of section 516(f)(2) of the Foreign Assistance 

Act of 1961 (22 U.S.C. 2321j(f)(2)(A) through (D)); 

(B) a description of the amount and type of each defense article to be transferred or defense service to be provided and the brigade-level unit from which the defense article is to be transferred or defense service is to be provided, 

if applicable; and 

(C) an identification of the element of the military or 

security force that is the proposed recipient of each defense 

article to be transferred or defense service to be provided. 

(e) DEFINITIONS.—In this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means—

(A) the Committee on Appropriations, the Committee on 

Armed Services, and the Committee on International Relations of the House of Representatives; and 

(B) the Committee on Appropriations, the Committee 

on Armed Services, and the Committee on Foreign Relations of the Senate. 

(2) DEFENSE ARTICLES.—The term ‘‘defense articles’’ has the 

meaning given the term in section 644(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(d)). 

(3) DEFENSE SERVICES.—The term ‘‘defense services’’ has 

the meaning given the term in section 644(f) of such Act (22 

U.S.C. 2403(f)). 

(4) MILITARY AND SECURITY FORCES.—The term ‘‘military 

and security forces’’ has the meaning given the term in section 

1202(e) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375). 

(f) EXPIRATION.—The authority provided under subsection (a) 

may not be exercised after September 30, 2006. 

Subtitle B—Nonproliferation Matters and 

Countries of Concern 

SEC. 1211. PROHIBITION ON PROCUREMENTS FROM COMMUNIST CHINESE MILITARY COMPANIES. 

(a) PROHIBITION.—The Secretary of Defense may not procure 

goods or services described in subsection (b), through a contract or 

any subcontract (at any tier) under a contract, from any Communist 

Chinese military company. 


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(b) GOODS AND SERVICES COVERED.—For purposes of subsection 

(a), the goods and services described in this subsection are goods 

and services on the munitions list of the International Trafficking 

in Arms Regulations, other than goods or services procured—

(1) in connection with a visit by a vessel or an aircraft of 

the United States Armed Forces to the People’s Republic of 

China; 

(2) for testing purposes; or 

(3) for purposes of gathering intelligence. 

(c) WAIVER AUTHORIZED.—The Secretary of Defense may waive 

the prohibition in subsection (a) if the Secretary determines such a 

waiver is necessary for national security purposes. The Secretary 

shall notify the congressional defense committees of each waiver 

made under this subsection. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘Communist Chinese military company’’ has 

the meaning provided that term by section 1237(b)(4) of the 

Strom Thurmond National Defense Authorization Act for Fiscal 

Year 1999 (50 U.S.C. 1701 note). 

(2) The term ‘‘munitions list of the International Trafficking in Arms Regulations’’ means the United States Munitions List contained in part 121 of subchapter M of title 22 of 

the Code of Federal Regulations. 

SEC. 1212. REPORT ON NONSTRATEGIC NUCLEAR WEAPONS. 

(a) REVIEW.—Not later than six months after the date of the enactment of this Act, the Secretary of Defense shall, in consultation 

with the Secretary of State and the Secretary of Energy, conduct a 

review of United States and Russian nonstrategic nuclear weapons 

and determine whether it is in the national security interest of the 

United States—

(1) to reduce the number of United States and Russian nonstrategic nuclear weapons; 

(2) to improve the security of United States and Russian 

nonstrategic nuclear weapons in storage and during transport; 

(3) to identify and develop mechanisms and procedures to 

implement transparent reductions in nonstrategic nuclear 

weapons; and 

(4) to identify and develop mechanisms and procedures to 

implement the transparent dismantlement of excess nonstrategic 

nuclear weapons. 

(b) REPORT.—

(1) IN GENERAL.—The Secretary of Defense shall submit to 

the congressional defense committees a joint report, prepared in 

consultation with the Secretary of State and the Secretary of 

Energy, on the results of the review required under subsection 

(a). The report shall include a plan to implement, not later than 

October 1, 2006, actions determined as a result of the review to 

be in the United States national security interest. 

(2) FORM.—The report required under paragraph (1) shall 

be submitted in unclassified form, but may include a classified 

annex. 


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Subtitle C—Reports and Sense of Congress 

Provisions 

SEC. 1221. WAR-RELATED REPORTING REQUIREMENTS. 

(a) REPORT REQUIRED FOR OPERATION IRAQI FREEDOM, OPER- ATION ENDURING FREEDOM, AND OPERATION NOBLE EAGLE.—The 

Secretary of Defense shall submit to the congressional defense committees, in accordance with this section, a report on procurement 

and equipment maintenance costs for each of Operation Iraqi Freedom, Operation Enduring Freedom, and Operation Noble Eagle and 

on facility infrastructure costs associated with each of Operation 

Iraqi Freedom and Operation Enduring Freedom. The report shall 

include the following: 

(1) PROCUREMENT.—A specification of costs of procurement 

funding requested since fiscal year 2003, together with end-item 

quantities requested and the purpose of the request (such as replacement for battle losses, improved capability, increase in 

force size, restructuring of forces), shown by service. 

(2) EQUIPMENT MAINTENANCE.—A cost comparison of the 

requirements for equipment maintenance expenditures during 

peacetime and for such requirements during wartime, as shown 

by the requirements in each of Operation Iraqi Freedom, Operation Enduring Freedom, and Operation Noble Eagle. The cost 

comparison shall include— (A) a description of the effect of war operations on the 

backlog of maintenance requirements over the period of fiscal years 2003 to the time of the report; and 

(B) an examination of the extent to which war operations have precluded maintenance from being performed 

because equipment was unavailable. 

(3) OPERATION IRAQI FREEDOM AND OPERATION ENDURING

FREEDOM INFRASTRUCTURE.—A specification of the number of 

United States military personnel that can be supported by the 

facility infrastructure in Iraq and Afghanistan and in the 

neighboring countries from where Operation Iraq Freedom and 

Operation Enduring Freedom are supported. 

(b) SUBMISSION REQUIREMENTS.—The report under subsection 

(a) shall be submitted not later than 180 days after the date of the 

enactment of this Act. The Secretary of Defense shall submit an updated report on procurement, equipment maintenance, and military 

construction costs, as specified in subsection (a), concurrently with 

any request made to Congress after the date of the enactment of this 

Act for war-related funding. 

(c) SUBMISSION TO GAO OF CERTAIN REPORTS ON COSTS.—The 

Secretary of Defense shall submit to the Comptroller General, not 

later than 45 days after the end of each reporting month, the Department of Defense Supplemental and Cost of War Execution reports. Based on these reports, the Comptroller General shall provide 

to Congress quarterly updates on the costs of Operation Iraqi Freedom and Operation Enduring Freedom. 

SEC. 1222. QUARTERLY REPORTS ON WAR STRATEGY IN IRAQ. 

(a) QUARTERLY REPORTS.—At the same time the Secretary of 

Defense submits to Congress each report on stability and security in 

Iraq that is submitted to Congress after the date of the enactment 


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of this Act under the Joint Explanatory Statement of the Committee 

on Conference to accompany the conference report on the bill H.R. 

1268 of the 109th Congress, the Secretary of Defense and appropriate personnel of the Central Intelligence Agency shall provide the 

appropriate committees of Congress a briefing on the strategy for the 

war in Iraq, including the intelligence and other measures of evaluation used in determining the progress made in the execution of 

that strategy. 

(b) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means—

(1) the Committee on Armed Services, the Select Committee 

on Intelligence, and the Committee on Appropriations of the 

Senate; and 

(2) the Committee on Armed Services, the Permanent Select 

Committee on Intelligence, and the Committee on Appropriations of the House of Representatives. 

(c) TERMINATION OF REQUIREMENT.—This section shall cease to 

be in effect after 12 of the quarterly briefings specified in subsection 

(a) have been provided or December 31, 2008, whichever is later. 

SEC. 1223. REPORT ON RECORDS OF CIVILIAN CASUALTIES IN AFGHANISTAN AND IRAQ. 

(a) REPORT.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on records of civilian casualties in Afghanistan and Iraq. 

(b) MATTERS TO BE INCLUDED.—The report under subsection (a) 

shall include the following: 

(1) Whether records of civilian casualties in Afghanistan 

and Iraq are kept by the United States Armed Forces and if 

such records are kept—

(A) how and from what sources the information for 

those records is collected; 

(B) where those records are kept; and 

(C) what officials or organizations are responsible for 

maintaining those records. 

(2) Whether such records (if kept) contain—

(A) any information relating to the circumstances 

under which the casualties occurred and whether those casualties were fatalities or injuries; 

(B) information as to whether any condolence payment, 

compensation, or assistance was provided to the victim or 

to the victim’s family; and 

(C) any other information relating to those casualties. 

SEC. 1224. ANNUAL REPORT ON DEPARTMENT OF DEFENSE COSTS TO 

CARRY OUT UNITED NATIONS RESOLUTIONS. 

(a) REQUIREMENT FOR ANNUAL REPORT.—

(1) DEPARTMENT OF DEFENSE COSTS.—Not later than April 

30 of each year, the Secretary of Defense shall submit to the 

congressional committees specified in paragraph (2) a report on 

Department of Defense costs during the preceding fiscal year to 

carry out United Nations resolutions. 

(2) SPECIFIED COMMITTEES.—The committees specified in 

this paragraph are—


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(A) the Committee on Armed Services, the Committee 

on Foreign Relations, and the Committee on Appropriations 

of the Senate; and 

(B) the Committee on Armed Services, the Committee 

on International Relations, and the Committee on Appropriations of the House of Representatives. 

(b) MATTERS TO BE INCLUDED.— Each report under subsection 

(a) shall set forth the following: 

(1) All direct and indirect costs (including incremental 

costs) incurred by the Department of Defense during the preceding fiscal year in implementing or supporting any resolution 

adopted by the United Nations Security Council, including any 

such resolution calling for— (A) international sanctions; 

(B) international peacekeeping operations; 

(C) international peace enforcement operations; 

(D) monitoring missions; 

(E) observer missions; or 

(F) humanitarian missions. 

(2) An aggregate of all such Department of Defense costs by 

operation or mission and the total cost to United Nations members of each operation or mission. 

(3) All direct and indirect costs (including incremental 

costs) incurred by the Department of Defense during the preceding fiscal year in training, equipping, and otherwise assisting, preparing, providing resources for, and transporting foreign defense or security forces for implementing or supporting 

any resolution adopted by the United Nations Security Council, 

including any such resolution specified in paragraph (1). 

(4) All efforts made to seek credit against past United Nations expenditures. 

(5) All efforts made to seek compensation from the United 

Nations for costs incurred by the Department of Defense in implementing and supporting United Nations activities. 

(c) COORDINATION.—The report under subsection (a) each year 

shall be prepared in coordination with the Secretary of State. 

(d) FORM OF REPORT.—Each report required by this section 

shall be submitted in unclassified form, but may include a classified annex. 

SEC. 1225. REPORT ON CLAIMS RELATED TO THE BOMBING OF THE 

LABELLE DISCOTHEQUE. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that—

(1) the Government of Libya should be commended for the 

steps the Government has taken to renounce terrorism and to 

eliminate Libya’s weapons of mass destruction and related programs; and 

(2) an important priority for improving relations between 

the United States and Libya should be a good faith effort on 

the part of the Government of Libya to resolve the claims of 

members of the Armed Forces of the United States and other 

United States citizens who were injured in the bombing of the 

LaBelle Discotheque in Berlin, Germany that occurred in April 

1986, and of family members of members of the Armed Forces 

of the United States who were killed in that bombing. 

(b) REPORTS.—


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(1) INITIAL REPORT.—Not later than 90 days after the date 

of enactment of this Act, the Secretary of State shall submit to 

the appropriate congressional committees a report on the status 

of negotiations between the Government of Libya and United 

States claimants in connection with the bombing of the LaBelle 

Discotheque in Berlin, Germany that occurred in April 1986, regarding resolution of their claims. The report shall also include 

information on efforts by the Government of the United States 

to urge the Government of Libya to make a good faith effort to 

resolve such claims. 

(2) UPDATE.—Not later than one year after enactment of 

this Act, the Secretary of State shall submit to the appropriate 

congressional committees an update of the report required by 

paragraph (1). 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the Committee on Armed Services and the Committee on Foreign 

Relations of the Senate and the Committee on Armed Services and 

the Committee on International Relations of the House of Representatives. 

SEC. 1226. SENSE OF CONGRESS CONCERNING COOPERATION WITH 

RUSSIA ON ISSUES PERTAINING TO MISSILE DEFENSE. 

It is the sense of Congress that—

(1) cooperation between the United States and Russia with 

regard to missile defense is in the interest of the United States; 

(2) there does not exist strong enough engagement between 

the United States and Russia with respect to missile defense cooperation; 

(3) the United States should explore innovative and nontraditional means of cooperation with Russia on issues pertaining to missile defense; and 

(4) as part of such an effort, the Secretary of Defense should 

consider the possibilities for United States-Russian cooperation 

with respect to missile defense through—

(A) the testing of specific elements of the detection and 

tracking equipment of the Missile Defense Agency of the 

United States Department of Defense through the use of 

Russian target missiles; 

(B) the provision of early warning radar to the Missile 

Defense Agency by the use of Russian radar data; and 

(C) the implementation of the Joint Data Exchange 

Center in Moscow to improve early warning capabilities. 

SEC. 1227. UNITED STATES POLICY ON IRAQ. 

(a) SHORT TITLE.—This section may be cited as the ‘‘United 

States Policy in Iraq Act’’. 

(b) SENSE OF CONGRESS.—It is the sense of the Congress that, 

in order to succeed in Iraq—

(1) members of the United States Armed Forces who are 

serving or have served in Iraq and their families deserve the utmost respect and the heartfelt gratitude of the American people 

for their unwavering devotion to duty, service to the Nation, 

and selfless sacrifice under the most difficult circumstances; the 

United States Congress supports our troops and supports a successful conclusion to their mission. 


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(2) it is important to recognize that the Iraqi people have 

made enormous sacrifices and that the overwhelming majority 

of Iraqis want to live in peace and security; and that the Iraqi 

security forces in a growing number of incidences are fighting 

side-by-side with coalition forces, are increasing in numbers 

and improving in military capability. 

(3) the terrorists seeking to prevent the emergence of a secure, stable, peaceful, and democratic Iraq are led by individuals seeking to restore dictatorship in Iraq or who want to advance al Qaeda’s broad vision of violently extreme Islam in the 

Middle East. 

(4) calendar year 2006 should be a period of significant 

transition to full Iraqi sovereignty, with Iraqi security forces 

taking the lead for the security of a free and sovereign Iraq, 

thereby creating the conditions for the phased redeployment of 

United States forces from Iraq; 

(5) United States military forces should not stay in Iraq 

any longer than required and the professional military judgment of our senior military should be a key factor in future decisions;. 

(6) the Administration should tell the leaders of all groups 

and political parties in Iraq that they need to make the compromises necessary to achieve the broad-based and sustainable 

political settlement that is essential for defeating the insurgency 

in Iraq, within the schedule they set for themselves; and 

(7) the President has committed to continue to explain to 

Congress and the American people progress toward a successful 

completion of the mission in Iraq. 

(c) REPORTS TO CONGRESS ON UNITED STATES POLICY AND

MILITARY OPERATIONS IN IRAQ.—Not later than 90 days after the 

date of the enactment of this Act, and every three months thereafter 

until all United States combat brigades have redeployed from Iraq, 

the President shall submit to Congress a report on United States 

policy and military operations in Iraq. To the maximum extent 

practicable, the report required in (c) shall be unclassified, with a 

classified annex if necessary. Each report shall include to the extent 

practical, the following information: 

(1) The current military mission and the diplomatic, political, economic, and military measures that are being or have 

been undertaken to successfully complete or support that mission, including: 

(A) Efforts to convince Iraq’s main communities to 

make the compromises necessary for a broad-based and 

sustainable political settlement. 

(B) Engaging the international community and the region in efforts to stabilize Iraq and to forge a broad-based 

and sustainable political settlement. 

(C) Strengthening the capacity of Iraq’s government 

ministries. 

(D) Accelerating the delivery of basic services. 

(E) Securing the delivery of pledged economic assistance from the international community and additional 

pledges of assistance. 


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(F) Training Iraqi security forces and transferring additional security responsibilities to those forces and the government of Iraq. 

(2) Whether the Iraqis have made the compromises necessary to achieve the broad-based and sustainable political settlement that is essential for defeating the insurgency in Iraq. 

(3) Any specific conditions included in the April 2005 

Multi-National Forces-Iraq campaign action plan (referred to in 

United States Government Accountability Office October 2005 

report on Rebuilding Iraq: DOD Reports Should Link Economic, Governance, and Security Indicators to Conditions for 

Stabilizing Iraq), and any subsequent updates to that campaign 

plan, that must be met in order to provide for the transition of 

additional security responsibility to Iraqi security forces. 

(4) To the extent that these conditions are not covered under 

paragraph (3), the following should also be addressed: 

(A) The number of battalions of the Iraqi Armed Forces 

that must be able to operate independently or to take the 

lead in counterinsurgency operations and the defense of 

Iraq’s territory. 

(B) The number of Iraqi special police units that must 

be able to operate independently or to take the lead in 

maintaining law and order and fighting the insurgency. 

(C) The number of regular police that must be trained 

and equipped to maintain law and order. 

(D) The ability of Iraq’s Federal ministries and provincial and local governments to independently sustain, direct, 

and coordinate Iraq’s security forces. 

(5) The criteria to be used to evaluate progress toward 

meeting such conditions. 

(6) A plan for meeting such conditions, an assessment of 

the extent to which such conditions have been met, information 

regarding variables that could alter that plan, and the reasons 

for any subsequent changes to that plan. 

Subtitle D—Other Matters 

SEC. 1231. PURCHASE OF WEAPONS OVERSEAS FOR FORCE PROTECTION PURPOSES IN COUNTRIES IN WHICH COMBAT OPERATIONS ARE ONGOING. 

(a) FORCE PROTECTION PURCHASES.—Chapter 3 of title 10, 

United States Code, is amended by inserting after section 127b the 

following new section: 

‘‘§ 127c. Purchase of weapons overseas: force protection 

‘‘(a) AUTHORITY.—When elements of the armed forces are engaged in ongoing military operations in a country, the Secretary of 

Defense may, for the purpose of protecting United States forces in 

that country, purchase weapons from any foreign person, foreign 

government, international organization, or other entity located in 

that country. 

‘‘(b) LIMITATION.—The total amount expended during any fiscal 

year for purchases under this section may not exceed $15,000,000. 

‘‘(c) SEMIANNUAL CONGRESSIONAL REPORT.—In any case in 

which the authority provided in subsection (a) is used during the 


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period of the first six months of a fiscal year, or during the period 

of the second six months of a fiscal year, the Secretary of Defense 

shall submit to the Committee on Armed Services of the Senate and 

Committee on Armed Services of the House of Representatives a report on the use of that authority during that six-month period. Each 

such report shall be submitted not later than 30 days after the end 

of the six-month period during which the authority is used. Each 

such report shall include the following: 

‘‘(1) The number and type of weapons purchased under subsection (a) during that six- month period covered by the report, 

together with the amount spent for those weapons and the Secretary’s estimate of the fair market value of those weapons. 

‘‘(2) A description of the dispositions (if any) during that 

six-month period of weapons purchased under subsection (a).’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 127b the following new item: 

‘‘127c. Purchase of weapons overseas: force protection.’’. 

SEC. 1232. RIOT CONTROL AGENTS. 

(a) RESTATEMENT OF POLICY.—It is the policy of the United 

States that riot control agents are not chemical weapons and that 

the President may authorize their use as legitimate, legal, and nonlethal alternatives to the use of force that, as provided in Executive 

Order 11850 (40 Fed. Reg. 16187) and consistent with the resolution 

of ratification of the Chemical Weapons Convention, may be employed by members of the Armed Forces in war in defensive military 

modes to save lives, including the illustrative purposes cited in Executive Order 11850. 

(b) REPORT REQUIRED.—

(1) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the President shall submit to Congress a report on the use of riot control agents by members of 

the Armed Forces. 

(2) CONTENT.—The report required by paragraph (1) shall 

include—

(A) a description of all regulations, doctrines, training 

materials, and any other information related to the use of 

riot control agents by members of the Armed Forces; 

(B) a description of how the material described in subparagraph (A) is consistent with United States policy on 

the use of riot control agents; 

(C) a description of the availability of riot control 

agents, and the means to use them, to members of the 

Armed Forces, including members of the Armed Forces deployed in Iraq and Afghanistan; 

(D) a description of the frequency and circumstances of 

the use of riot control agents by members of the Armed 

Forces since January 1, 1992, and a summary of views 

held by commanders of United States combatant commands as to the utility of the use of riot control agents by 

members of the Armed Forces when compared with alternatives; 

(E) a general description of steps taken or planned to 

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cumstances under which riot control agents may be used by 

members of the Armed Forces; and 

(F) a brief explanation of the continuing validity of Executive Order 11850 under United States law. 

(3) FORM.—The report required by paragraph (1) shall be 

submitted in unclassified form, but may include a classified 

annex. 

(c) DEFINITIONS.—In this section: 

(1) CHEMICAL WEAPONS CONVENTION.—The term ‘‘Chemical 

Weapons Convention’’ means the Convention on the Prohibitions 

of Development, Production, Stockpiling and Use of Chemical 

Weapons and on Their Destruction, with annexes, done at 

Paris, January 13, 1993, and entered into force April 29, 1997 

(T. Doc. 103–21). 

(2) RESOLUTION OF RATIFICATION OF THE CHEMICAL WEAP- ONS CONVENTION.—The term ‘‘resolution of ratification of the 

Chemical Weapons Convention’’ means S. Res. 75, 105th Congress, agreed to April 24, 1997, advising and consenting to the 

ratification of the Chemical Weapons Convention. 

SEC. 1233. REQUIREMENT FOR ESTABLISHMENT OF CERTAIN CRITERIA APPLICABLE TO GLOBAL POSTURE REVIEW. 

(a) CRITERIA.—As part of the Integrated Global Presence and 

Basing Strategy (IGPBS) developed by the Department of Defense 

that is referred to as the ‘‘Global Posture Review’’, the Secretary of 

Defense, in consultation with the Chairman of the Joint Chiefs of 

Staff, shall develop criteria for assessing, with respect to each type 

of facility specified in subsection (c) that is to be located in a foreign 

country, the following factors: 

(1) The effect of any new basing arrangements on the strategic mobility requirements of the Department of Defense. 

(2) The ability of units deployed to overseas locations in 

areas in which United States Armed Forces have not traditionally been deployed to meet mobility response times required by 

operational planners. 

(3) The cost of deploying units to areas referred to in paragraph (2) on a rotational basis (rather than on a permanent 

basing basis). 

(4) The strategic benefit of rotational deployments through 

countries with which the United States is developing a close or 

new security relationship. 

(5) Whether the relative speed and complexity of conducting 

negotiations with a particular country is a discriminator in the 

decision to deploy forces within the country. 

(6) The appropriate and available funding mechanisms for 

the establishment, operation, and sustainment of specific Main 

Operating Bases, Forward Operating Bases, or Cooperative Security Locations. 

(7) The effect on military quality of life of the unaccompanied deployment of units to new facilities in overseas locations. 

(8) Other criteria as Secretary of Defense determines appropriate. 

(b) ANALYSIS OF ALTERNATIVES TO BASING OR OPERATING LOCATIONS.—The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall develop a mechanism for 


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analyzing alternatives to any particular overseas basing or operating location. Such a mechanism shall incorporate the factors specified in each of paragraphs (1) through (5) of subsection (a). 

(c) MINIMAL INFRASTRUCTURE REQUIREMENTS FOR OVERSEAS

INSTALLATIONS.— The Secretary of Defense shall develop a description of minimal infrastructure requirements for each of the following types of facilities: 

(1) Facilities categorized as Main Operating Bases. 

(2) Facilities categorized as Forward Operating Bases. 

(3) Facilities categorized as Cooperative Security Locations. 

(d) NOTIFICATION REQUIRED.—Not later than 30 days after an 

agreement is entered into between the United States and a foreign 

country to support the deployment of elements of the United States 

Armed Forces in that country, the Secretary of Defense shall submit 

to the congressional defense committees a written notification of 

such agreement. The notification under this subsection shall include 

the terms of the agreement, any costs to the United States resulting 

from the agreement, and a timeline to carry out the terms of the 

agreement. 

(e) ANNUAL BUDGET ELEMENT.—The Secretary of Defense shall 

submit to Congress, as an element of the annual budget request of 

the Secretary, information regarding the funding sources for the establishment, operation, and sustainment of individual Main Operating Bases, Forward Operating Bases, or Cooperative Security Locations. 

(f) REPORT.—Not later than March 30, 2006, the Secretary of 

Defense shall submit to Congress a report on the matters specified 

in subsections (a) through (c). 

SEC. 1234. THE UNITED STATES-CHINA ECONOMIC SECURITY REVIEW 

COMMISSION. 

(a) FINDINGS.—Congress finds the following: 

(1) The 2004 Report to Congress of the United States-China 

Economic and Security Review Commission states that— (A) China’s State-Owned Enterprises (SOEs) lack adequate disclosure standards, which creates the potential for 

United States investors to unwittingly contribute to enterprises that are involved in activities harmful to United 

States security interests; 

(B) United States influence and vital long-term interests in Asia are being challenged by China’s robust regional 

economic engagement and diplomacy; 

(C) the assistance of China and North Korea to global 

ballistic missile proliferation is extensive and ongoing; 

(D) China’s transfers of technology and components for 

weapons of mass destruction (WMD) and their delivery systems to countries of concern, including countries that support acts of international terrorism, have helped create a 

new tier of countries with the capability to produce WMD 

and ballistic missiles; 

(E) the removal of the European Union arms embargo 

against China that is currently under consideration in the 

European Union would accelerate weapons modernization 

and dramatically enhance Chinese military capabilities; 

(F) China is developing a leading-edge military with 

the objective of intimidating Taiwan and deterring United 


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States involvement in the Taiwan Strait, and China’s qualitative and quantitative military advancements have already resulted in a dramatic shift in the cross-Strait military balance toward China; and 

(G) China’s growing energy needs are driving China 

into bilateral arrangements that undermine multilateral efforts to stabilize oil supplies and prices, and in some cases 

may involve dangerous weapons transfers. 

(2) On March 14, 2005, the National People’s Congress approved a law that would authorize the use of force if Taiwan 

formally declares independence. 

(b) SENSE OF CONGRESS FOR COMPREHENSIVE STRATEGY.—It is 

the sense of Congress that the President should present to Congress 

quickly a comprehensive strategy to—

(1) address the emergence of China economically, diplomatically, and militarily; 

(2) promote mutually beneficial trade relations with China; 

and 

(3) encourage China’s adherence to international norms in 

the areas of trade, international security, and human rights. 

(c) CONTENTS OF STRATEGY.—The strategy referred to in subsection (b) should address the following: 

(1) Actions to address China’s policy of undervaluing its 

currency, including—

(A) encouraging China to continue to upwardly revalue 

the Chinese yuan against the United States dollar; 

(B) allowing the yuan to float against a trade-weighted 

basket of currencies; and 

(C) concurrently encouraging United States trading 

partners with similar interests to join in these efforts. 

(2) Actions to make better use of the World Trade Organization (WTO) dispute settlement mechanism and applicable 

United States trade laws to redress China’s trade practices, including—

(A) exchange rate manipulation; 

(B) denial of trading and distribution rights; 

(C) insufficient intellectual property rights protection; 

(D) objectionable labor standards; 

(E) subsidization of exports; and 

(F) forced technology transfers as a condition of doing 

business. 

(3) The United States Trade Representative should consult 

with United States trading partners regarding any trade dispute with China. 

(4) Actions to encourage United States diplomatic efforts to 

identify and pursue initiatives to revitalize United States engagement in East Asia. The initiatives should have a regional 

focus and complement bilateral efforts. The Asia-Pacific Economic Cooperation forum (APEC) offers a ready mechanism for 

pursuit of such initiatives. 

(5) Actions by the administration to work with China to 

prevent proliferation of prohibited technologies and to secure 

China’s agreement to renew efforts to curtail commercial export 

by North Korea of ballistic missiles. 


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(6) Actions by the Secretary of State and the Secretary of 

Energy to consult with the International Atomic Energy Agency 

with the objective of upgrading the current loose experiencesharing arrangement whereby China engages in some limited 

exchanges with the organization to a more structured arrangement. 

(7) Actions by the administration to develop a coordinated, 

comprehensive national policy and strategy designed to maintain United States scientific and technological leadership and 

competitiveness, in light of the rise of China and the challenges 

of globalization. 

(8) Actions to review laws and regulations governing the 

Committee on Foreign Investment in the United States 

(CFIUS), including exploring whether the definition of national 

security should include the potential impact on national economic security as a criterion to be reviewed, and whether the 

chairmanship of CFIUS should be transferred from the Secretary of the Treasury to a more appropriate executive branch 

agency. 

(9) Actions by the President and the Secretary of State and 

Secretary of Defense to press strongly their counterparts in the 

European Union and its member states to maintain and 

strengthen the embargo on selling arms to China. 

(10) Actions by the administration to discourage foreign defense contractors from selling sensitive military-use technology 

or weapons systems to China. 

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF THE 

FORMER SOVIET UNION 

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 

Sec. 1302. Funding allocations. 

Sec. 1303. Permanent waiver of restrictions on use of funds for threat reduction in 

states of the former Soviet Union. 

Sec. 1304. Report on elimination of impediments to threat-reduction and nonproliferation programs in the former Soviet Union. 

Sec. 1305. Repeal of requirement for annual Comptroller General assessment of annual Department of Defense report on activities and assistance under 

Cooperative Threat Reduction programs. 

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 

PROGRAMS AND FUNDS. 

(a) SPECIFICATION OF CTR PROGRAMS.—For purposes of section 

301 and other provisions of this Act, Cooperative Threat Reduction 

programs are the programs specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 

104–201; 110 Stat. 2731; 50 U.S.C. 2362 note). 

(b) FISCAL YEAR 2006 COOPERATIVE THREAT REDUCTION FUNDS

DEFINED.—As used in this title, the term ‘‘fiscal year 2006 Cooperative Threat Reduction funds’’ means the funds appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs. 

(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to 

the authorization of appropriations in section 301 for Cooperative 


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Threat Reduction programs shall be available for obligation for 

three fiscal years. 

SEC. 1302. FUNDING ALLOCATIONS. 

(a) FUNDING FOR SPECIFIC PURPOSES.—Of the $415,549,000 authorized to be appropriated to the Department of Defense for fiscal 

year 2006 in section 301(19) for Cooperative Threat Reduction programs, the following amounts may be obligated for the purposes 

specified: 

(1) For strategic offensive arms elimination in Russia, $78,900,000. 

(2) For nuclear weapons storage security in Russia, $74,100,000. 

(3) For nuclear weapons transportation security in Russia, $30,000,000. 

(4) For weapons of mass destruction proliferation preven- tion in the states of the former Soviet Union, $40,600,000. 

(5) For biological weapons proliferation prevention in the former Soviet Union, $60,849,000. 

(6) For chemical weapons destruction in Russia, $108,500,000. 

(7) For defense and military contracts, $8,000,000. 

(8) For activities designated as Other Assessments/Admin- istrative Support, $14,600,000. 

(b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR

OTHER PURPOSES.—No fiscal year 2006 Cooperative Threat Reduction funds may be obligated or expended for a purpose other than 

a purpose listed in paragraphs (1) through (8) of subsection (a) until 

30 days after the date that the Secretary of Defense submits to Congress a report on the purpose for which the funds will be obligated 

or expended and the amount of funds to be obligated or expended. 

Nothing in the preceding sentence shall be construed as authorizing 

the obligation or expenditure of fiscal year 2006 Cooperative Threat 

Reduction funds for a purpose for which the obligation or expenditure of such funds is specifically prohibited under this title or any 

other provision of law. 

(c) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS.—(1) 

Subject to paragraphs (2) and (3), in any case in which the Secretary of Defense determines that it is necessary to do so in the national interest, the Secretary may obligate amounts appropriated for 

fiscal year 2006 for a purpose listed in any of the paragraphs in 

subsection (a) in excess of the specific amount authorized for that 

purpose. 

(2) An obligation of funds for a purpose stated in any of the 

paragraphs in subsection (a) in excess of the specific amount authorized for such purpose may be made using the authority provided in 

paragraph (1) only after—

(A) the Secretary submits to Congress notification of the intent to do so together with a complete discussion of the justification for doing so; and 

(B) 15 days have elapsed following the date of the notification. 

(3) The Secretary may not, under the authority provided in 

paragraph (1), obligate amounts for a purpose stated in any of 

paragraphs (6) through (8) of subsection (a) in excess of 125 percent 

of the specific amount authorized for such purpose. 


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SEC. 1303. PERMANENT WAIVER OF RESTRICTIONS ON USE OF FUNDS 

FOR THREAT REDUCTION IN STATES OF THE FORMER SOVIET UNION. 

Section 1306 of the Bob Stump National Defense Authorization 

Act for Fiscal Year 2003 (Public Law 107–314; 22 U.S.C. 5952 note) 

is amended— (1) by striking subsections (c) and (d); and 

(2) by redesignating subsection (e) as subsection (c). 

SEC. 1304. REPORT ON ELIMINATION OF IMPEDIMENTS TO THREAT-REDUCTION AND NONPROLIFERATION PROGRAMS IN THE 

FORMER SOVIET UNION. 

Not later than November 1, 2006, the President shall submit to 

Congress a report on impediments to the effective conduct of Cooperative Threat Reduction programs and related threat reduction and 

nonproliferation programs and activities in the states of the former 

Soviet Union. The report shall—

(1) identify the impediments to the rapid, efficient, and effective conduct of programs and activities of the Department of 

Defense, the Department of State, and the Department of Energy, including issues relating to access to sites, liability, and 

taxation; and 

(2) describe the plans of the United States to overcome or 

ameliorate such impediments, including an identification and 

discussion of new models and approaches that might be used 

to develop new relationships with entities in the states of the 

former Soviet Union capable of assisting in removing or ameliorating those impediments, and any congressional action that 

may be necessary for that purpose. 

SEC. 1305. REPEAL OF REQUIREMENT FOR ANNUAL COMPTROLLER 

GENERAL ASSESSMENT OF ANNUAL DEPARTMENT OF DEFENSE REPORT ON ACTIVITIES AND ASSISTANCE UNDER 

COOPERATIVE THREAT REDUCTION PROGRAMS. 

Section 1308 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 

106–398; 114 Stat. 1654A-341) is amended by striking subsection 

(e). 

TITLE XIV—MATTERS RELATING TO 

DETAINEES 

Sec. 1401. Short title 

Sec. 1402. Uniform standards for the interrogation of persons under the detention 

of the Department of Defense 

Sec. 1403. Prohibition on cruel, inhuman, or degrading treatment or punishment of 

persons under custody or control of the United States Government 

Sec. 1404. Protection of United States Government personnel engaged in authorized 

interrogations 

Sec. 1405. Procedures for status review of detainees outside the United States 

Sec. 1406. Training of Iraqi security forces regarding treatment of detainees 

SEC. 1401. SHORT TITLE. 

This title may be cited as the ‘‘Detainee Treatment Act of 2005’’. 

SEC. 1402. UNIFORM STANDARDS FOR THE INTERROGATION OF PERSONS UNDER THE DETENTION OF THE DEPARTMENT OF 

DEFENSE. 

(a) IN GENERAL.—No person in the custody or under the effective control of the Department of Defense or under detention in a 


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Department of Defense facility shall be subject to any treatment or 

technique of interrogation not authorized by and listed in the 

United States Army Field Manual on Intelligence Interrogation. 

(b) APPLICABILITY.—Subsection (a) shall not apply with respect 

to any person in the custody or under the effective control of the Department of Defense pursuant to a criminal law or immigration law 

of the United States. 

(c) CONSTRUCTION.—Nothing in this section shall be construed 

to affect the rights under the United States Constitution of any person in the custody or under the physical jurisdiction of the United 

States. 

SEC. 1403. PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT OF PERSONS UNDER CUSTODY OR 

CONTROL OF THE UNITED STATES GOVERNMENT. 

(a) IN GENERAL.—No individual in the custody or under the 

physical control of the United States Government, regardless of nationality or physical location, shall be subject to cruel, inhuman, or 

degrading treatment or punishment. 

(b) CONSTRUCTION.—Nothing in this section shall be construed 

to impose any geographical limitation on the applicability of the 

prohibition against cruel, inhuman, or degrading treatment or punishment under this section. 

(c) LIMITATION ON SUPERSEDURE.—The provisions of this section shall not be superseded, except by a provision of law enacted 

after the date of the enactment of this Act which specifically repeals, 

modifies, or supersedes the provisions of this section. 

(d) CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT DEFINED.—In this section, the term ‘‘cruel, inhuman, or degrading treatment or punishment’’ means the cruel, unusual, and 

inhumane treatment or punishment prohibited by the Fifth, Eighth, 

and Fourteenth Amendments to the Constitution of the United 

States, as defined in the United States Reservations, Declarations 

and Understandings to the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment 

or Punishment done at New York, December 10, 1984. 

SEC. 1404. PROTECTION OF UNITED STATES GOVERNMENT PERSONNEL ENGAGED IN AUTHORIZED INTERROGATIONS. 

(a) PROTECTION OF UNITED STATES GOVERNMENT PERSONNEL.—In any civil action or criminal prosecution against an officer, employee, member of the Armed Forces, or other agent of the 

United States Government who is a United States person, arising 

out of the officer, employee, member of the Armed Forces, or other 

agent’s engaging in specific operational practices, that involve detention and interrogation of aliens who the President or his designees 

have determined are believed to be engaged in or associated with 

international terrorist activity that poses a serious, continuing 

threat to the United States, its interests, or its allies, and that were 

officially authorized and determined to be lawful at the time that 

they were conducted, it shall be a defense that such officer, employee, member of the Armed Forces, or other agent did not know 

that the practices were unlawful and a person of ordinary sense and 

understanding would not know the practices were unlawful. Good 

faith reliance on advice of counsel should be an important factor, 

among others, to consider in assessing whether a person of ordinary 

sense and understanding would have known the practices to be unVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00372 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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lawful. Nothing in this section shall be construed to limit or extinguish any defense or protection otherwise available to any person or 

entity from suit, civil or criminal liability, or damages, or to provide 

immunity from prosecution for any criminal offense by the proper 

authorities. 

(b) COUNSEL.—The United States Government may provide or 

employ counsel, and pay counsel fees, court costs, bail, and other expenses incident to the representation of an officer, employee, member 

of the Armed Forces, or other agent described in subsection (a), with 

respect to any civil action or criminal prosecution arising out of 

practices described in that subsection, under the same conditions, 

and to the same extent, to which such services and payments are authorized under section 1037 of title 10, United States Code. 

SEC. 1405. PROCEDURES FOR STATUS REVIEW OF DETAINEES OUTSIDE 

THE UNITED STATES. 

(a) SUBMITTAL OF PROCEDURES FOR STATUS REVIEW OF DE- TAINEES AT GUANTANAMO BAY, CUBA, AND IN AFGHANISTAN AND

IRAQ.— (1) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to the Committee on Armed Services and the Committee on the 

Judiciary of the Senate and the Committee on Armed Services 

and the Committee on the Judiciary of the House of Representatives a report setting forth— (A) the procedures of the Combatant Status Review Tribunals and the Administrative Review Boards established 

by direction of the Secretary of Defense that are in operation at Guantanamo Bay, Cuba, for determining the status of the detainees held at Guantanamo Bay or to provide 

an annual review to determine the need to continue to detain an alien who is a detainee; and 

(B) the procedures in operation in Afghanistan and 

Iraq for a determination of the status of aliens detained in 

the custody or under the physical control of the Department 

of Defense in those countries. 

(2) DESIGNATED CIVILIAN OFFICIAL.—The procedures submitted to Congress pursuant to paragraph (1)(A) shall ensure 

that the official of the Department of Defense who is designated 

by the President or Secretary of Defense to be the final review 

authority within the Department of Defense with respect to decisions of any such tribunal or board (referred to as the ‘‘Designated Civilian Official’’) shall be a civilian officer of the Department of Defense holding an office to which appointments 

are required by law to be made by the President, by and with 

the advice and consent of the Senate. 

(3) CONSIDERATION OF NEW EVIDENCE.—The procedures 

submitted under paragraph (1)(A) shall provide for periodic review of any new evidence that may become available relating to 

the enemy combatant status of a detainee. 

(b) CONSIDERATION OF STATEMENTS DERIVED WITH COERCION.—

(1) ASSESSMENT.—The procedures submitted to Congress 

pursuant to subsection (a)(1)(A) shall ensure that a Combatant 

Status Review Tribunal or Administrative Review Board, or 

any similar or successor administrative tribunal or board, in 


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making a determination of status or disposition of any detainee 

under such procedures, shall, to the extent practicable, assess—

(A) whether any statement derived from or relating to 

such detainee was obtained as a result of coercion; and 

(B) the probative value, if any, of any such statement. 

(2) APPLICABILITY.—Paragraph (1) applies with respect to 

any proceeding beginning on or after the date of the enactment 

of this Act. 

(c) REPORT ON MODIFICATION OF PROCEDURES.—The Secretary 

of Defense shall submit to the committees specified in subsection 

(a)(1) a report on any modification of the procedures submitted 

under subsection (a). Any such report shall be submitted not later 

than 60 days before the date on which such modification goes into 

effect. 

(d) ANNUAL REPORT.—

(1) REPORT REQUIRED.—The Secretary of Defense shall submit to Congress an annual report on the annual review process 

for aliens in the custody of the Department of Defense outside 

the United States. Each such report shall be submitted in unclassified form, with a classified annex, if necessary. The report 

shall be submitted not later than December 31 each year. 

(2) ELEMENTS OF REPORT.—Each such report shall include 

the following with respect to the year covered by the report: 

(A) The number of detainees whose status was reviewed. 

(B) The procedures used at each location. 

(e) JUDICIAL REVIEW OF DETENTION OF ENEMY COMBATANTS.—

(1) IN GENERAL.—Section 2241 of title 28, United States 

Code, is amended by adding at the end the following: 

‘‘(e) Except as provided in section 1405 of the Detainee Treatment Act of 2005, no court, justice, or judge shall have jurisdiction 

to hear or consider—

‘‘(1) an application for a writ of habeas corpus filed by or 

on behalf of an alien detained by the Department of Defense at 

Guantanamo Bay, Cuba; or 

‘‘(2) any other action against the United States or its agents 

relating to any aspect of the detention by the Department of Defense of an alien at Guantanamo Bay, Cuba, who—

‘‘(A) is currently in military custody; or 

‘‘(B) has been determined by the United States Court of 

Appeals for the District of Columbia Circuit in accordance 

with the procedures set forth in section 1405(e) of the Detainee Treatment Act of 2005 to have been properly detained as an enemy combatant.’’. 

(2) REVIEW OF DECISIONS OF COMBATANT STATUS REVIEW

TRIBUNALS OF PROPRIETY OF DETENTION.—

(A) IN GENERAL.—Subject to subparagraphs (B), (C), 

and (D), the United States Court of Appeals for the District 

of Columbia Circuit shall have exclusive jurisdiction to determine the validity of any final decision of a Combatant 

Status Review Tribunal that an alien is properly detained 

as an enemy combatant. 

(B) LIMITATION ON CLAIMS.—The jurisdiction of the 

United States Court of Appeals for the District of Columbia 


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Circuit under this paragraph shall be limited to claims 

brought by or on behalf of an alien—

(i) who is, at the time a request for review by such 

court is filed, detained by the Department of Defense at 

Guantanamo Bay, Cuba; and 

(ii) for whom a Combatant Status Review Tribunal has been conducted, pursuant to applicable procedures specified by the Secretary of Defense. 

(C) SCOPE OF REVIEW.—The jurisdiction of the United 

States Court of Appeals for the District of Columbia Circuit 

on any claims with respect to an alien under this paragraph shall be limited to the consideration of—

(i) whether the status determination of the Combatant Status Review Tribunal with regard to such 

alien was consistent with the standards and procedures specified by the Secretary of Defense for Combatant Status Review Tribunals (including the requirement that the conclusion of the Tribunal be supported 

by a preponderance of the evidence and allowing a rebuttable presumption in favor the Government’s evidence); and 

(ii) to the extent the Constitution and laws of the 

United States are applicable, whether the use of such 

standards and procedures to make the determination is 

consistent with the Constitution and laws of the United 

States. 

(D) TERMINATION ON RELEASE FROM CUSTODY.—The 

jurisdiction of the United States Court of Appeals for the 

District of Columbia Circuit with respect to the claims of 

an alien under this paragraph shall cease upon the release 

of such alien from the custody of the Department of Defense. 

(3) REVIEW OF FINAL DECISIONS OF MILITARY COMMISSIONS.—

(A) IN GENERAL.—Subject to subparagraphs (B), (C), 

and (D), the United States Court of Appeals for the District 

of Columbia Circuit shall have exclusive jurisdiction to determine the validity of any final decision rendered pursuant to Military Commission Order No. 1, dated August 31, 

2005 (or any successor military order). 

(B) GRANT OF REVIEW.—Review under this paragraph—

(i) with respect to a capital case or a case in which 

the alien was sentenced to a term of imprisonment of 

10 years or more, shall be as of right; or 

(ii) with respect to any other case, shall be at the 

discretion of the United States Court of Appeals for the 

District of Columbia Circuit. 

(C) LIMITATION ON APPEALS.—The jurisdiction of the 

United States Court of Appeals for the District of Columbia 

Circuit under this paragraph shall be limited to an appeal 

brought by or on behalf of an alien—

(i) who was, at the time of the proceedings pursuant to the military order referred to in subparagraph 


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(A), detained by the Department of Defense at Guantanamo Bay, Cuba; and 

(ii) for whom a final decision has been rendered 

pursuant to such military order. 

(D) SCOPE OF REVIEW.—The jurisdiction of the United 

States Court of Appeals for the District of Columbia Circuit 

on an appeal of a final decision with respect to an alien 

under this paragraph shall be limited to the consideration 

of—

(i) whether the final decision was consistent with 

the standards and procedures specified in the military 

order referred to in subparagraph (A); and 

(ii) to the extent the Constitution and laws of the 

United States are applicable, whether the use of such 

standards and procedures to reach the final decision is 

consistent with the Constitution and laws of the United 

States. 

(4) RESPONDENT.—The Secretary of Defense shall be the 

named respondent in any appeal to the United States Court of 

Appeals for the District of Columbia Circuit under this subsection. 

(f) CONSTRUCTION.—Nothing in this section shall be construed 

to confer any constitutional right on an alien detained as an enemy 

combatant outside the United States. 

(g) UNITED STATES DEFINED.—For purposes of this section, the 

term ‘‘United States’’, when used in a geographic sense, is as defined 

in section 101(a)(38) of the Immigration and Nationality Act and, 

in particular, does not include the United States Naval Station, 

Guantanamo Bay, Cuba. 

(h) EFFECTIVE DATE.—

(1) IN GENERAL.—This section shall take effect on the date 

of the enactment of this Act. 

(2) REVIEW OF COMBATANT STATUS TRIBUNAL AND MILITARY

COMMISSION DECISIONS.—Paragraphs (2) and (3) of subsection 

(e) shall apply with respect to any claim whose review is governed by one of such paragraphs and that is pending on or after 

the date of the enactment of this Act. 

SEC. 1406. TRAINING OF IRAQI SECURITY FORCES REGARDING TREATMENT OF DETAINEES. 

(a) REQUIRED POLICIES.—

(1) IN GENERAL.—The Secretary of Defense shall prescribe 

policies designed to ensure that all military and civilian Department of Defense personnel or contractor personnel of the Department of Defense responsible for the training of any unit of 

the Iraqi Security Forces provide training to such units regarding the international obligations and laws applicable to the humane treatment of detainees, including protections afforded 

under the Geneva Conventions and the Convention Against Torture. 

(2) ACKNOWLEDGMENT OF TRAINING.—The Secretary shall 

ensure that, for all personnel of the Iraqi Security Forces who 

are provided training referred to in paragraph (1), there is documented acknowledgment that such training has been provided. 


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(3) DEADLINE FOR POLICIES TO BE PRESCRIBED.—The policies required by paragraph (1) shall be prescribed not later 

than 180 days after the date of the enactment of this Act. 

(b) ARMY FIELD MANUAL.—

(1) TRANSLATION.—The Secretary of Defense shall provide 

for the unclassified portions of the United States Army Field 

Manual on Intelligence Interrogation to be translated into Arabic and any other language the Secretary determines appropriate for use by members of the Iraqi security forces. 

(2) DISTRIBUTION.—The Secretary of Defense shall provide 

for such manual, as translated, to be distributed to all appropriate officials of the Iraqi Government, including, but not limited to, the Iraqi Minister of Defense, the Iraqi Minister of Interior, senior Iraqi military personnel, and appropriate members 

of the Iraqi Security Forces with a recommendation that the 

principles that underlay the manual be adopted by the Iraqis 

as the basis for their policies on interrogation of detainees. 

(c) TRANSMITTAL TO CONGRESSIONAL COMMITTEES.—Not less 

than 30 days after the date on which policies are first prescribed 

under subsection (a), the Secretary of Defense shall submit to the 

Committee on Armed Services of the Senate and the Committee on 

Armed Services of the House of Representatives copies of such regulations, policies, or orders, together with a report on steps taken to 

the date of the report to implement this section. 

(d) ANNUAL REPORT.—Not less than one year after the date of 

the enactment of this Act, and annually thereafter, the Secretary of 

Defense shall submit to the Committee on Armed Services of the 

Senate and the Committee on Armed Services of the House of Representatives a report on the implementation of this section. 

TITLE XV—AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION 

IRAQI FREEDOM AND OPERATION ENDURING FREEDOM 

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Navy and Marine Corps procurement. 

Sec. 1504. Air Force procurement. 

Sec. 1505. Defense-wide activities procurement. 

Sec. 1506. Research, development, test and evaluation. 

Sec. 1507. Operation and maintenance. 

Sec. 1508. Defense Working Capital Fund. 

Sec. 1509. Defense Health Program. 

Sec. 1510. Military personnel. 

Sec. 1511. Iraq Freedom Fund. 

Sec. 1512. Treatment as additional authorizations. 

Sec. 1513. Transfer authority. 

Sec. 1514. Availability of funds. 

SEC. 1501. PURPOSE. 

The purpose of this title is to authorize emergency supplemental 

appropriations for the Department of Defense for fiscal year 2006 to 

provide funds for additional costs due to Operation Iraqi Freedom 

and Operation Enduring Freedom pursuant to section 402 of 


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H.Con.Res. 95 (109th Congress), the concurrent resolution on the 

budget for fiscal year 2006. 

SEC. 1502. ARMY PROCUREMENT. 

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal year 2006 for procurement accounts of the Army 

in amounts as follows: (1) For aircraft, $40,600,000. 

(2) For ammunition, $109,500,000. 

(3) For weapons and tracked combat vehicles, $485,499,000. 

(4) For other procurement, $1,659,800,000. 

(b) AVAILABILITY OF CERTAIN AMOUNTS FOR UP-ARMORED

WHEELED VEHICLES.— (1) AVAILABILITY.—Of the amount authorized to be appro- priated by subsection (a)(4), $240,000,000 shall be available for 

the procurement of up-armored high mobility multipurpose 

wheeled vehicles (UAHs), including vehicles in the M1114, 

M1151, and M1152 configurations. 

(2) ALLOCATION OF FUNDS.— (A) IN GENERAL.—Subject to subparagraph (B), the 

Secretary of the Army shall allocate the manner in which 

amounts available under paragraph (1) shall be available 

for purposes specified in that paragraph. 

(B) LIMITATION.—Amounts available under paragraph 

(1) may not be allocated under subparagraph (A) until the 

Secretary certifies to the congressional defense committees 

that the Army has a validated requirement for procurement 

for a purpose specified in paragraph (1) based on a statement of urgent needs from a commander of a combatant 

command. 

(C) REPORTS.—Not later than 15 days after an allocation of funds is made under subparagraph (A), the Secretary shall submit to the congressional defense committees 

a report describing such allocation of funds. 

(c) AVAILABILITY OF CERTAIN AMOUNTS FOR TACTICAL WHEELED

VEHICLE ARMORING PROGRAMS.— (1) AVAILABILITY.—Of the amount authorized to be appro- priated by subsection (a)(4), $150,000,000 shall be available for 

units deployed in Iraq and Afghanistan, as follows: 

(A) Procurement of up-armored Light Tactical Wheeled 

Vehicles (LTVs) or add-on armor kits for Light Tactical 

Wheeled Vehicles. 

(B) Procurement of add-on armor kits for Medium Tactical Wheeled Vehicles (MTVs), including Low Signature 

Armored Cabs for the family of Medium Tactical Wheeled 

Vehicles. 

(C) Procurement of add-on armor kits for Heavy Tactical Wheeled Vehicles (HTVs). 

(2) ALLOCATION OF FUNDS.—To the extent the Secretary of 

the Army determines that such amount is not needed for the 

procurement of such armored Tactical Wheeled Vehicles for 

units deployed in Iraq and Afghanistan under paragraph (1), 

the Secretary shall use the amounts remaining for the procurement of such armored vehicles in accordance with other priorities of the Army. 


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SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT. 

(a) NAVY.—Funds are hereby authorized to be appropriated for 

fiscal year 2006 for procurement accounts for the Navy in amounts 

as follows: (1) For aircraft procurement, $15,000,000. 

(2) For weapons procurement, $56,700,000. 

(b) MARINE CORPS.—Funds are hereby authorized to be appropriated for fiscal year 2006 for the procurement account for the Marine Corps in the amount of $644,400,000. 

(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby 

authorized to be appropriated for fiscal year 2006 for the procurement account for ammunition for the Navy and the Marine Corps 

in the amount of $147,921,000. 

(d) AVAILABILITY OF CERTAIN AMOUNTS.— (1) AVAILABILITY.—Of the amount authorized to be appro- priated by subsection (b), $200,000,000 shall be available for 

the procurement of up-armored high mobility multipurpose 

wheeled vehicles (UAHs), including vehicles in the M1114, 

M1151, and M1152 configurations. 

(2) ALLOCATION OF FUNDS.— (A) IN GENERAL.—Subject to subparagraph (B), the 

Secretary of the Navy shall allocate the manner in which 

amounts available under paragraph (1) shall be available 

for the purposes specified in that paragraph. 

(B) LIMITATION.—Amounts available under paragraph 

(1) may not be allocated under subparagraph (A) until the 

Secretary certifies to the congressional defense committees 

that the Marine Corps has a validated requirement for procurement for a purpose specified in paragraph (1) based on 

a statement of urgent needs from a commander of a combatant command. 

(C) REPORTS.—Not later than 15 days after an allocation of funds is made under subparagraph (A), the Secretary shall submit to the congressional defense committees 

a report describing such allocation of funds. 

SEC. 1504. AIR FORCE PROCUREMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2006 for the aircraft procurement accounts for the Air Force in the 

amount of $214,000,000. 

SEC. 1505. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2006 for the procurement account for Defense-wide in the amount 

of $103,900,000. 

SEC. 1506. RESEARCH, DEVELOPMENT, TEST AND EVALUATION. 

Funds are hereby authorized to be appropriated for fiscal year 

2006 for the use of the Department of Defense for research, development, test and evaluation as follows: (1) For the Army, $8,700,000. 

(2) For Defense-wide activities, $75,000,000. 

SEC. 1507. OPERATION AND MAINTENANCE. 

Funds are hereby authorized to be appropriated for fiscal year 

2006 for the use of the Armed Forces for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows: 

(1) For the Army, $19,828,180,000. 


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(2) For the Navy, $1,658,000,000. 

(3) For the Marine Corps, $1,588,250,000. 

(4) For the Air Force, $2,404,190,000. 

(5) For Defense-wide activities, $1,778,397,000. 

(6) For the Army Reserve, $44,400,000. 

(7) For the Naval Reserve, $9,400,000. 

(8) For the Marine Corps Reserve, $4,000,000. 

(9) For the Air Force Reserve, $7,000,000. 

(10) For the Army National Guard, $196,300,000. 

(11) For the Air National Guard, $13,400,000. 

SEC. 1508. DEFENSE WORKING CAPITAL FUND. 

Funds are hereby authorized to be appropriated for fiscal year 

2006 for the Defense Working Capital Fund in the amount of 

$1,700,000,000. 

SEC. 1509. DEFENSE HEALTH PROGRAM. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2006 for expenses, not otherwise provided for, the Defense Health Program, in the amount of 

$178,415,000 for operation and maintenance. 

SEC. 1510. MILITARY PERSONNEL. 

There is hereby authorized to be appropriated to the Department of Defense for military personnel accounts for fiscal year 2006 

a total of $11,788,323,000. 

SEC. 1511. IRAQ FREEDOM FUND. 

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal year 2006 for the Iraq Freedom Fund in the 

amount of $5,240,725,000. 

(b) LIMITATION ON AVAILABILITY OF CERTAIN AMOUNT.—Of the 

amount authorized to be appropriated by subsection (a), 

$1,000,000,000 shall be available only for support of activities of the 

Joint Improvised Explosive Device Task Force. 

(c) CLASSIFIED PROGRAMS.—Of the amount authorized to be appropriated by subsection (a), $2,500,000,000 shall be available only 

for classified programs. 

(d) TRANSFER.—

(1) TRANSFER AUTHORIZED.—Subject to paragraph (2), 

amounts authorized to be appropriated by subsection (a) may be 

transferred from the Iraq Freedom Fund to any accounts as follows: 

(A) Operation and maintenance accounts of the Armed 

Forces. 

(B) Military personnel accounts. 

(C) Research, development, test, and evaluation accounts of the Department of Defense. 

(D) Procurement accounts of the Department of Defense. 

(E) Accounts providing funding for classified programs. 

(F) The operating expenses account of the Coast Guard. 

(2) NOTICE TO CONGRESS.—A transfer may not be made 

under the authority in paragraph (1) until five days after the 

date on which the Secretary of Defense notifies the congressional defense committees in writing of the transfer. 


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(3) TREATMENT OF TRANSFERRED FUNDS.—Amounts transferred to an account under the authority in paragraph (1) shall 

be merged with amounts in such account and shall be made 

available for the same purposes, and subject to the same conditions and limitations, as amounts in such account. 

(4) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer of an 

amount to an account under the authority in paragraph (1) 

shall be deemed to increase the amount authorized for such account by an amount equal to the amount transferred. 

SEC. 1512. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

The amounts authorized to be appropriated by this title are in 

addition to amounts otherwise authorized to be appropriated by this 

Act. 

SEC. 1513. TRANSFER AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— (1) AUTHORITY.—Upon determination by the Secretary of 

Defense that such action is necessary in the national interest, 

the Secretary may transfer amounts of authorizations made 

available to the Department of Defense in this title for fiscal 

year 2006 between any such authorizations for that fiscal year 

(or any subdivisions thereof). Amounts of authorizations so 

transferred shall be merged with and be available for the same 

purposes as the authorization to which transferred. 

(2) LIMITATION.—The total amount of authorizations that 

the Secretary may transfer under the authority of this section 

may not exceed $2,500,000,000. The transfer authority provided 

in this section is in addition to any other transfer authority 

available to the Secretary of Defense. 

(b) LIMITATIONS.—The authority provided by this section to 

transfer authorizations—

(1) may only be used to provide authority for items that 

have a higher priority than the items from which authority is 

transferred; 

(2) may not be used to provide authority for an item that 

has been denied authorization by Congress; and 

(3) may not be combined with the authority under section 

1001. 

(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made 

from one account to another under the authority of this section shall 

be deemed to increase the amount authorized for the account to 

which the amount is transferred by an amount equal to the amount 

transferred. 

(d) NOTICE TO CONGRESS.—A transfer may be made under the 

authority of this section only after the Secretary of Defense—

(1) consults with the chairmen and ranking members of the 

congressional defense committees with respect to the proposed 

transfer; and 

(2) after such consultation, notifies those committees in 

writing of the proposed transfer not less than five days before 

the transfer is made. 

SEC. 1514. AVAILABILITY OF FUNDS. 

Funds in this title shall be made available for obligation to the 

Army, Navy, Marine Corps, Air Force, and Defense-wide components by the end of the second quarter of fiscal year 2006. 


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DIVISION B—MILITARY CONSTRUCTION 

AUTHORIZATIONS 

SEC. 2001. SHORT TITLE. 

This division may be cited as the ‘‘Military Construction Authorization Act for Fiscal Year 2006’’. 

TITLE XXI—ARMY 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Modification of authority to carry out certain fiscal year 2004 project. 

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2104(a)(1), the Secretary of the Army may acquire real property and 

carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the 

following table: 

Army: Inside the United States 

State Installation or Location Amount 

Alabama ..................... Anniston Army Depot .................................................... $3,150,000 

Fort Rucker .................................................................... $9,700,000 

Redstone Arsenal ........................................................... $25,100,000 

Alaska ......................... Fort Richardson ............................................................. $4,700,000 

Fort Wainwright ............................................................ $44,660,000 

Arizona ....................... Fort Huachuca ............................................................... $5,100,000 

Yuma Proving Ground .................................................. $8,100,000 

California ................... Concord Naval Weapons Station .................................. $11,850,000 

Fort Irwin ...................................................................... $21,250,000 

Colorado ..................... Fort Carson .................................................................... $72,822,000 

Georgia ....................... Fort Benning .................................................................. $30,261,000 

Fort Gillem ..................................................................... $3,900,000 

Fort Gordon ................................................................... $4,550,000 

Fort Stewart/Hunter Army Air Field .......................... $57,980,000 

Hawaii ........................ Pohakuloa Training Area ............................................. $60,300,000 

Schofield Barracks ........................................................ $53,900,000 

Illinois ........................ Rock Island Arsenal ...................................................... $7,400,000 

Indiana ....................... Crane Army Ammunition Activity ............................... $5,700,000 

Kansas ........................ Fort Riley ....................................................................... $33,900,000 

Kentucky ..................... Fort Campbell ................................................................ $116,475,000 

Fort Knox ....................................................................... $4,600,000 

Louisiana ................... Fort Polk ........................................................................ $28,887,000 

Missouri ..................... Fort Leonard Wood ........................................................ $23,500,000 

New Jersey ................. Picatinny Arsenal .......................................................... $4,450,000 

New York .................... Fort Drum ...................................................................... $73,350,000 

United States Military Academy, West Point .............. $7,500,000 

North Carolina .......... Fort Bragg ...................................................................... $301,250,000 

Ohio ............................ Joint Systems Manufacturing Center, Lima ............... $11,600,000 

Oklahoma ................... Fort Sill .......................................................................... $5,850,000 

McAlester Army Ammunition Plant ............................. $5,400,000 

Pennsylvania .............. Letterkenny Depot .......................................................... $6,300,000 

South Carolina .......... Fort Jackson .................................................................. $1,600,000 

Texas .......................... Fort Bliss ........................................................................ $5,000,000 

Fort Hood ....................................................................... $64,488,000 

Fort Sam Houston ......................................................... $7,000,000 

Utah ........................... Dugway Proving Ground .............................................. $25,000,000 


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Army: Inside the United States—Continued 

State Installation or Location Amount 

Virginia ...................... Fort A.P. Hill ................................................................. $2,700,000 

Fort Belvoir .................................................................... $18,000,000 

Fort Eustis ..................................................................... $3,100,000 

Fort Lee .......................................................................... $3,900,000 

Fort Myer ....................................................................... $15,200,000 

Washington ................ Fort Lewis ...................................................................... $99,949,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2104(a)(2), the Secretary of the Army may acquire real property and 

carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the 

following table: 

Army: Outside the United States 

Country Installation or Location Amount 

Germany ..................... Grafenwoehr ................................................................... $84,081,000 

Italy ............................ Pisa ................................................................................. $5,254,000 

Korea .......................... Camp Humphreys .......................................................... $105,162,000 

Yongpyong ...................................................................... $1,450,000 

(c) UNSPECIFIED WORLDWIDE.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2104(a)(3), the Secretary of the Army may acquire real property and 

carry out military construction projects for unspecified installations 

or locations in the amount set forth in the following table: 

Army: Unspecified Worldwide 

Location Installation or Location Amount 

Unspecified Worldwide ................................................. $50,000,000 

SEC. 2102. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2104(a)(6)(A), the Secretary of the Army may construct or acquire 

family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and 

in the amounts set forth in the following table: 

Army: Family Housing 

State Installation or Location Units Amount 

Alaska ............................ Fort Richardson ...................................... 117 ........ $49,000,000 

Fort Wainwright ..................................... 180 ........ $91,000,000 

Arizona .......................... Fort Huachuca ........................................ 131 ........ $31,000,000 

Yuma Proving Ground ........................... 35 .......... $11,200,000 

Oklahoma ...................... Fort Sill ................................................... 129 ........ $24,000,000 

Virginia ......................... Fort Lee .................................................... 96 .......... $19,500,000 

Fort Monroe ............................................. 21 .......... $6,000,000 

(b) PLANNING AND DESIGN.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2104(a)(6)(A), the Secretary of the Army may carry out architectural 

and engineering services and construction design activities with reVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00383 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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spect to the construction or improvement of family housing units in 

an amount not to exceed $17,536,000. 

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(6)(A), the Secretary of the Army may 

improve existing military family housing units in an amount not to 

exceed $300,400,000. 

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2005, for military construction, land acquisition, and 

military family housing functions of the Department of the Army in 

the total amount of $3,128,889,000 as follows: 

(1) For military construction projects inside the United 

States authorized by section 2101(a), $1,111,522,000. 

(2) For military construction projects outside the United 

States authorized by section 2101(b), $195,947,000. 

(3) For military construction projects at unspecified worldwide locations authorized by section 2101(c), $50,000,000. 

(4) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, 

$24,141,000. 

(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$170,021,000. 

(6) For military family housing functions: 

(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $549,636,000. 

(B) For support of military family housing (including 

the functions described in section 2833 of title 10, United 

States Code), $803,993,000. 

(7) For the construction of increment 3 of the Lewis and 

Clark Instructional Facility at Fort Leavenworth, Kansas, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–

136; 117 Stat. 1697), $42,642,000. 

(8) For the construction of increment 2 of a barracks complex at Vilseck, Germany, authorized by section 2101(b) of the 

Military Construction Authorization Act for Fiscal Year 2004 

(division B of Public Law 108–136; 117 Stat. 1698), as amended by section 2105 of this Act, $13,600,000. 

(9) For the construction of increment 2 of the Drum Road 

upgrade at Helemano Military Reservation, Hawaii, authorized 

by section 2101(a) of the Military Construction Authorization 

Act for Fiscal Year 2005 (division B of Public Law 108–375; 

118 Stat. 2101), $41,000,000. 

(10) For the construction of increment 2 of a vehicle maintenance facility at Schofield Barracks, Hawaii, authorized by section 2101(a) of the Military Construction Authorization Act for 

Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat. 

2101), $24,656,000. 


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(11) For the construction of increment 2 of a barracks complex, at Fort Campbell, Kentucky, authorized by section 2101(a) 

of the Military Construction Authorization Act for Fiscal Year 

2005 (division B of Public Law 108–375; 118 Stat. 2101), 

$24,650,000. 

(12) For the construction of increment 2 of trainee barracks, 

Basic Training Complex 1 at Fort Knox, Kentucky, authorized 

by section 2101(a) of the Military Construction Authorization 

Act of Fiscal Year 2005 (division B of Public Law 108–375; 118 

Stat. 2101), $21,000,000. 

(13) For the construction of increment 2 of a library and 

learning center at the United States Military Academy, West 

Point, New York, authorized by section 2101(a) of the Military 

Construction Authorization Act for Fiscal Year 2005 (division B 

of Public Law 108–375; 118 Stat. 2101), $25,470,000. 

(14) For the construction of increment 2 of a barracks complex renewal project at Fort Bragg, North Carolina, authorized 

by section 2101(a) of the Military Construction Authorization 

Act for Fiscal Year 2005 (division B of Public Law 108–375; 

118 Stat. 2101), $30,611,000. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—

Notwithstanding the cost variations authorized by section 2853 of 

title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2101 of this Act may not exceed the sum of the following: 

(1) The total amount authorized to be appropriated under 

paragraphs (1), (2), and (3) of subsection (a). 

(2) $16,500,000 (the balance of the amount authorized 

under section 2101(a) for construction of a barracks complex for 

Fort Drum, New York). 

(3) $31,000,000 (the balance of the amount authorized 

under section 2101(a) for construction of a barracks complex for 

the 2nd Brigade at Fort Bragg, North Carolina). 

(4) $50,000,000 (the balance of the amount authorized 

under section 2101(a) for construction of a barracks complex for 

the 3rd Brigade at Fort Bragg, North Carolina). 

(5) $77,400,000 (the balance of the amount authorized 

under section 2101(a) for construction of a barracks complex for 

divisional artillery at Fort Bragg, North Carolina). 

(6) $13,000,000 (the balance of the amount authorized 

under section 2101(a) for construction of a defense access road 

for Fort Belvoir, Virginia). 

(c) CONFORMING TECHNICAL AMENDMENT.—Section 2104(a)(8) 

of the Military Construction Authorization Act for Fiscal Year 2005 

(division B of Public Law 108–375; 118 Stat. 2103) is amended by 

striking ‘‘Fiscal Year 2003 (division B of Public Law 107–314; 116 

Stat. 2681)’’ and inserting ‘‘Fiscal Year 2004 (division B of Public 

Law 108–136; 117 Stat. 1697)’’. 

SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2004 PROJECT. 

(a) MODIFICATION OF OUTSIDE THE UNITED STATES PROJECT.—

The table in section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 

117 Stat. 1698) is amended—


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358 

(1) in the item relating to Vilseck, Germany, by striking ‘‘$31,000,000’’ in the amount column and inserting ‘‘$26,000,000’’; and 

(2) by striking the amount identified as the total in the 

amount column and inserting ‘‘$226,900,000’’. (b) CONFORMING AMENDMENT.—Section 2104(b)(6) of that Act 

(117 Stat. 1700) is amended by striking ‘‘$18,900,000’’ and inserting ‘‘$13,900,000’’. 

TITLE XXII—NAVY 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Modification of authority to carry out certain fiscal year 2004 project. 

Sec. 2206. Modifications of authority to carry out certain fiscal year 2005 projects. 

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2204(a)(1), the Secretary of the Navy may acquire real property and 

carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the 

following table: 

Navy: Inside the United States 

State Installation or Location Amount 

Arizona ....................... Marine Corps Air Station, Yuma ................................. $3,637,000 

California ................... Air-Ground Combat Center, Twentynine Palms ......... $24,000,000 

Marine Corps Air Station, Camp Pendleton ............... $1,400,000 

Marine Corps Air Station, Miramar ............................ $5,070,000 

Marine Corps Base, Camp Pendleton .......................... $90,437,000 

Naval Air Station, Lemoore .......................................... $8,480,000 

Naval Air Warfare Center, China Lake ....................... $19,158,000 

Naval Postgraduate School .......................................... $6,500,000 

Connecticut ................ Naval Submarine Base, New London .......................... $4,610,000 

Florida ........................ Diving&Salvage Training Center, Panama City ........ $9,678,000 

Naval Air Station, Jacksonville ................................... $88,603,000 

Naval Air Station, Pensacola ....................................... $8,710,000 

Naval Station, Mayport ................................................ $15,220,000 

Whiting Field ................................................................. $4,670,000 

Georgia ....................... Naval Submarine Base, Kings Bay .............................. $6,890,000 

Marine Corps Logistics Base, Albany .......................... $5,840,000 

Hawaii ........................ Marine Corps Air Station, Kaneohe Bay ..................... $5,700,000 

Naval Base, Pearl Harbor ............................................ $29,700,000 

Illinois ........................ Recruit Training Command, Great Lakes ................... $167,750,000 

Indiana ....................... Naval Warfare Center, Crane ....................................... $8,220,000 

Maine .......................... Portsmouth Naval Shipyard ......................................... $8,100,000 

Maryland ................... Naval Air Warfare Center, Patuxent River .................. $5,800,000 

Naval Surface Warfare Center, Indian Head .............. $8,250,000 

United States Naval Academy, Annapolis ................... $51,720,000 

Mississippi ................. Naval Air Station, Meridian ........................................ $10,450,000 

North Carolina .......... Marine Corps Air Station, Cherry Point ...................... $29,147,000 

Marine Corps Air Station, New River .......................... $6,840,000 

Marine Corps Base, Camp Lejeune .............................. $44,590,000 

Pennsylvania .............. Naval Station Weapons Center, Philadelphia ............. $4,780,000 

Rhode Island .............. Naval Station, Newport ................................................ $15,490,000 

South Carolina .......... Marine Corps Air Station, Beaufort ............................. $1,480,000 

Texas .......................... Naval Air Station, Kingsville ....................................... $16,040,000 

Virginia ...................... Marine Corps Air Field, Quantico ............................... $19,698,000 


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Navy: Inside the United States—Continued 

State Installation or Location Amount 

Marine Corps Base, Quantico ....................................... $18,429,000 

Naval Air Station, Oceana ........................................... $11,680,000 

Naval Amphibious Base, Little Creek .......................... $36,034,000 

Naval Station, Norfolk .................................................. $32,245,000 

Naval Support Activity, Norfolk Naval Shipyard ....... $78,788,000 

Naval Station Weapons Center, Dahlgren ................... $9,960,000 

Washington ................ Naval Station, Everett .................................................. $70,950,000 

Naval Submarine Base, Bangor ................................... $60,160,000 

Naval Air Station, Whidbey Island .............................. $4,010,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2204(a)(2), the Secretary of the Navy may acquire real property and 

carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the 

following table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Guam .......................... Naval Base, Guam ........................................................ $55,473,000 

Japan ......................... Naval Station, Yokosuka .............................................. $83,010,000 

SEC. 2202. FAMILY HOUSING. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2204(a)(4)(A), the Secretary of the Navy 

may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation, in the number of units, and in the amount set forth in the following table: 

Navy: Family Housing 

Location Installation Units Amount 

Guam ............................. Naval Base, Guam .................................. 126 ........ $43,495,000 

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(4)(A), the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $178,644,000. 

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2005, for military construction, land acquisition, and 

military family housing functions of the Department of the Navy in 

the total amount of $1,964,743,000, as follows: 

(1) For military construction projects inside the United 

States authorized by section 2201(a), $837,411,000. 

(2) For military construction projects outside the United 

States authorized by section 2201(b), $39,584,000. 

(3) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$34,893,000. 

(4) For military family housing functions: 


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(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $218,942,000. 

(B) For support of military family housing (including 

functions described in section 2833 of title 10, United 

States Code), $588,660,000. 

(5) For the construction of increment 3 of the general purpose berthing pier at Naval Weapons Station, Earle, New Jersey, authorized by section 2201(a) of the Military Construction 

Authorization Act for Fiscal Year 2004 (division B of Public 

Law 108–136; 117 Stat. 1704), as amended by section 2205 of this Act, $54,432,000. 

(6) For the construction of increment 3 of pier 11 replacement at Naval Station, Norfolk, Virginia, authorized by section 

2201(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 

1704), $40,200,000. 

(7) For the construction of increment 2 of the apron and 

hangar recapitalization at Naval Air Facility, El Centro, California, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat. 2105), $18,666,000. 

(8) For the construction of increment 2 of the White Side 

complex, Marine Corps Air Facility, Quantico, Virginia, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108– 375; 118 Stat. 2105), $34,730,000. 

(9) For the construction of increment 2 of the limited area 

production and storage complex at Strategic Weapons Facility 

Pacific, Bangor, Washington, authorized by section 2201(a) of 

the Military Construction Authorization Act for Fiscal Year 

2005 (division B of Public Law 108–375; 118 Stat. 2105), as 

amended by section 2206 of this Act, $47,095,000. 

(10) For the construction of increment 2 of the lab consolidation at Strategic Weapons Facility Pacific, Bangor, Washington authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat. 2105), as amended by section 2206 

of this Act, $9,430,000. 

(11) For the construction of increment 2 of the presidential 

helicopter programs support facility at Naval Air Warfare Center, Patuxent River, Maryland, authorized by section 2201(a) of 

the Military Construction Authorization Act for Fiscal Year 

2005 (division B of Public Law 108–375; 118 Stat. 2105), as 

amended by section 2206 of this Act, $40,700,000. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—

Notwithstanding the cost variations authorized by section 2853 of 

title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2201 of this Act may not exceed the sum of the following: 

(1) The total amount authorized to be appropriated under 

paragraphs (1) and (2) of subsection (a). (2) $37,721,000 (the balance of the amount authorized 

under section 2201(a) for a reclamation and conveyance project 

for Marine Corps Base, Camp Pendleton, California). 


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(3) $43,424,000 (the balance of the amount authorized 

under section 2201(a) for a helicopter hangar replacement at 

Naval Air Station, Jacksonville, Florida). 

(4) $45,850,000 (the balance of the amount authorized 

under section 2201(a) for infrastructure upgrades to Recruit 

Training Command, Great Lakes, Illinois). (5) $26,790,000 (the balance of the amount authorized 

under section 2201(a) for construction of a field house at United 

States Naval Academy, Annapolis, Maryland). (6) $31,059,000 (the balance of the amount authorized 

under section 2201(a) for replacement of Ship Repair Pier 3 at 

Naval Support Activity, Norfolk Naval Shipyard, Virginia). (7) $10,159,000 (the balance of the amount authorized 

under section 2201(a) for an addition to Hockmuth Hall, Marine Corps Base, Quantico, Virginia). (8) $21,000,000 (the balance of the amount authorized 

under section 2201(a) for construction of bachelor quarters for 

Naval Station, Everett, Washington). (9) $29,889,000 (the balance of the amount authorized 

under section 2201(b) for wharf upgrades at Naval Base, 

Guam). 

(10) $69,100,000 (the balance of the amount authorized 

under section 2201(b) for wharf upgrades at Naval Station, 

Yokosuka, Japan). 

SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2004 PROJECT. 

(a) MODIFICATION OF INSIDE THE UNITED STATES PROJECT.— The table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 

117 Stat. 1703) is amended— (1) in the item relating to Naval Weapons Station, Earle, 

New Jersey, by striking ‘‘$123,720,000’’ in the amount column 

and inserting ‘‘$140,372,000’’; and 

(2) by striking the amount identified as the total in the 

amount column and inserting ‘‘$1,352,524,000’’. (b) CONFORMING AMENDMENT.—Section 2204(b)(4) of that Act 

(117 Stat. 1706) is amended by striking ‘‘$96,980,000’’ and inserting ‘‘$113,632,000’’. 

SEC. 2206. MODIFICATIONS OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2005 PROJECTS. 

(a) MODIFICATION OF INSIDE THE UNITED STATES PROJECTS.—

Section 2201 of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat. 2105) 

is amended—

(1) in the table in subsection (a)—

(A) below the item relating to Naval Surface Warfare 

Center, Indian Head, Maryland, by inserting ‘‘Naval Air 

Warfare Center, Patuxent River’’ in the installation column 

and ‘‘$95,200,000’’ in the amount column; 

(B) in the item relating to Marine Corps Air Facility, 

Quantico, Virginia, by striking ‘‘$73,838,000’’ in the 

amount column and inserting ‘‘$74,470,000’’; 

(C) in the item relating to Strategic Weapons Facility 

Pacific, Bangor, Washington, by striking ‘‘$138,060,000’’ in 

the amount column and inserting ‘‘$147,760,000’’; and 


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(D) by striking the amount identified as the total in the 

amount column and inserting ‘‘$1,057,587,000’’; and 

(2) by striking subsection (c). 

(b) CONFORMING AMENDMENTS.—Section 2204 of that Act (118 

Stat. 2107) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking ‘‘$712,927,000’’ and 

inserting ‘‘$752,927,000’’; and 

(B) by striking paragraph (3); and 

(2) in subsection (b)— (A) in paragraph (4), by striking ‘‘$34,098,000’’ and inserting ‘‘$34,730,000’’; and 

(B) by striking paragraph (7) and inserting the following new paragraphs: 

‘‘(7) $9,700,000 (the balance of the amount authorized 

under section 2201(a) for naval laboratory consolidation, Strategic Weapons Facility Pacific, Bangor, Washington). ‘‘(8) $55,200,000 (the balance of the amount authorized 

under section 2201(a) for construction of a presidential helicopter programs support facility at Naval Air Warfare Center, 

Patuxent River, Maryland).’’. 

TITLE XXIII—AIR FORCE 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2304(a)(1), the Secretary of the Air Force may acquire real property 

and carry out military construction projects for the installations or 

locations inside the United States, and in the amounts, set forth in 

the following table: 

Air Force: Inside the United States 

State Installation or Location Amount 

Alabama ..................... Maxwell Air Force Base ................................................ $14,900,000 

Alaska ......................... Clear Air Force Base ..................................................... $20,000,000 

Elmendorf Air Force Base ............................................. $84,820,000 

Arizona ....................... Davis-Monthan Air Force Base .................................... $8,600,000 

Luke Air Force Base ...................................................... $13,000,000 

Arkansas .................... Little Rock Air Force Base ............................................ $8,900,000 

California ................... Beale Air Force Base ..................................................... $14,200,000 

Edwards Air Force Base ............................................... $103,000,000 

Travis Air Force Base ................................................... $46,400,000 

Vandenberg Air Force Base .......................................... $16,845,000 

Colorado ..................... Buckley Air Force Base ................................................. $20,100,000 

Peterson Air Force Base ................................................ $25,500,000 

United States Air Force Academy ................................ $13,000,000 

Delaware .................... Dover Air Force Base ..................................................... $19,000,000 

District of Columbia .. Bolling Air Force Base .................................................. $14,900,000 

Florida ........................ Cape Canaveral ............................................................. $6,200,000 

Hurlburt Field ............................................................... $2,540,000 

MacDill Air Force Base ................................................. $107,200,000 

Tyndall Air Force Base ................................................. $21,500,000 


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Air Force: Inside the United States—Continued 

State Installation or Location Amount 

Georgia ....................... Robins Air Force Base ................................................... $7,600,000 

Hawaii ........................ Hickham Air Force Base ............................................... $13,378,000 

Idaho .......................... Mountain Home Air Force Base ................................... $9,835,000 

Louisiana ................... Barksdale Air Force Base ............................................. $10,800,000 

Massachusetts ............ Hanscom Air Force Base ............................................... $3,900,000 

Mississippi ................. Columbus Air Force Base ............................................. $10,000,000 

Keesler Air Force Base .................................................. $47,500,000 

Missouri ..................... Whiteman Air Force Base ............................................. $5,721,000 

Montana ..................... Malmstrom Air Force Base ........................................... $13,500,000 

Nebraska .................... Offutt Air Force Base .................................................... $63,080,000 

Nevada ....................... Indian Springs Auxiliary Field .................................... $60,724,000 

Nellis Air Force Base .................................................... $24,370,000 

New Jersey ................. McGuire Air Force Base ................................................ $13,185,000 

New Mexico ................ Kirtland Air Force Base ................................................ $6,600,000 

Holloman Air Force Base .............................................. $15,000,000 

North Dakota ............. Minot Air Force Base .................................................... $8,700,000 

Ohio ............................ Wright Patterson Air Force Base .................................. $32,620,000 

Oklahoma ................... Tinker Air Force Base ................................................... $31,960,000 

Vance Air Force Base .................................................... $14,000,000 

South Carolina .......... Charleston Air Force Base ............................................ $2,583,000 

Shaw Air Force Base ..................................................... $16,030,000 

South Dakota ............. Ellsworth Air Force Base .............................................. $8,400,000 

Texas .......................... Goodfellow Air Force Base ............................................ $4,300,000 

Laughlin Air Force Base ............................................... $7,900,000 

Sheppard Air Force Base .............................................. $36,000,000 

Utah ........................... Hill Air Force Base ........................................................ $33,900,000 

Virginia ...................... Langley Air Force Base ................................................. $44,365,000 

Washington ................ Fairchild Air Force Base ............................................... $8,200,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2304(a)(2), the Secretary of the Air Force may acquire real property 

and carry out military construction projects for the installations or 

locations outside the United States, and in the amounts, set forth 

in the following table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Germany ................................... Ramstein Air Base .......................................... $11,650,000 

Spangdahlem Air Base ................................... $12,474,000 

Guam ........................................ Andersen Air Base ........................................... $18,500,000 

Italy .......................................... Aviano Air Base ............................................... $22,660,000 

Korea ........................................ Kunsan Air Base ............................................. $47,900,000 

Osan Air Base .................................................. $37,719,000 

Portugal .................................... Lajes Field, Azores .......................................... $12,000,000 

Turkey ...................................... Incirlik Air Base .............................................. $5,780,000 

United Kingdom ...................... Royal Air Force Lakenheath ........................... $5,125,000 

Royal Air Force Mildenhall ............................ $13,500,000 

SEC. 2302. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2304(a)(5)(A), the Secretary of the Air Force may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of 

units, and in the amounts set forth in the following table: 


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Air Force: Family Housing 

State or Country Installation or Location Units Amount 

Alaska .............................. Eielson Air Force Base ........................... 392 ..... $55,794,000 

California ......................... Edwards Air Force Base ........................ 226 ..... $59,699,000 

Florida ............................. MacDill Air Force Base .......................... 109 ..... $40,982,000 

Idaho ................................ Mountain Home Air Force Base ............ 194 ..... $56,467,000 

Missouri ........................... Whiteman Air Force Base ...................... 111 ..... $26,917,000 

Montana ........................... Malmstrom Air Force Base .................... 296 ..... $68,971,000 

North Carolina ................ Seymour Johnson Air Force Base .......... 255 ..... $48,868,000 

North Dakota ................... Grand Forks Air Force Base .................. 150 ..... $43,353,000 

Minot Air Force Base .............................. 223 ..... $44,548,000 

South Carolina ................ Charleston Air Force Base ..................... 10 ....... $15,935,000 

South Dakota ................... Ellsworth Air Force Base ....................... 60 ....... $14,383,000 

Texas ................................ Dyess Air Force Base .............................. 190 ..... $43,016,000 

Germany ........................... Ramstein Air Base .................................. 101 ..... $62,952,000 

Spangdahlem Air Base ........................... 79 ....... $45,385,000 

Turkey .............................. Incirlik Air Base ..................................... 100 ..... $22,730,000 

United Kingdom .............. Royal Air Force Lakenheath .................. 107 ..... $48,437,000 

(b) PLANNING AND DESIGN.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2304(a)(5)(A), the Secretary of the Air Force may carry out architectural and engineering services and construction design activities 

with respect to the construction or improvement of military family 

housing units in an amount not to exceed $37,104,000. 

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(5)(A), the Secretary of the Air Force may 

improve existing military family housing units in an amount not to 

exceed $366,346,000. 

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2005, for military construction, land acquisition, and 

military family housing functions of the Department of the Air 

Force in the total amount of $3,157,356,000, as follows: 

(1) For military construction projects inside the United 

States authorized by section 2301(a), $989,756,000. 

(2) For military construction projects outside the United 

States authorized by section 2301(b), $187,308,000. 

(3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, 

$15,929,000. 

(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$95,537,000. 

(5) For military family housing functions: 

(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $1,101,887,000. 

(B) For support of military family housing (including 

functions described in section 2833 of title 10, United 

States Code), $766,939,000. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—

Notwithstanding the cost variations authorized by section 2853 of 

title 10, United States Code, and any other cost variation authorVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00392 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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ized by law, the total cost of all projects carried out under section 

2301 of this Act may not exceed the sum of the following: 

(1) The total amount authorized to be appropriated under 

paragraphs (1) and (2) of subsection (a). (2) $30,000,000 (the balance of the amount authorized 

under section 2301(a) for construction of a C–17 maintenance 

complex at Elmendorf Air Force Base, Alaska). (3) $66,000,000 (the balance of the amount authorized 

under section 2301(a) for construction of a main base runway 

at Edwards Air Force Base, California). (4) $29,000,000 (the balance of the amount authorized 

under section 2301(a) for construction of a joint intelligence center at MacDill Air Force Base, Florida). 

TITLE XXIV—DEFENSE AGENCIES 

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 

Sec. 2402. Energy conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2403(a)(1), the Secretary of Defense may acquire real property and 

carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the 

following tables: 

Defense Education Activity 

State Installation or Location Amount 

Georgia ....................... Fort Stewart/Hunter Army Air Field .......................... $16,629,000 

North Carolina .......... Fort Bragg ...................................................................... $18,075,000 

Defense Intelligence Agency 

State Installation or Location Amount 

District of Columbia ................ Bolling Air Force Base .................................... $7,900,000 

Defense Logistics Agency 

State Installation or Location Amount 

Arizona .................. Yuma Proving Ground ....................................................... $7,300,000 

California .............. Defense Distribution Depot, Tracy .................................... $33,635,000 

Miramar .............................................................................. $23,000,000 

Kansas ................... McConnell Air Force Base ................................................. $15,800,000 

New Mexico ........... Cannon Air Force Base ...................................................... $13,200,000 

North Carolina ..... Seymour Johnson Air Force Base ..................................... $18,500,000 

Pennsylvania ......... Defense Distribution Depot, New Cumberland ................. $6,500,000 

Virginia ................. Fort Belvoir ......................................................................... $4,500,000 

Naval Station, Norfolk ....................................................... $6,700,000 

National Security Agency 

State Installation or Location Amount 

Georgia ..................................... Augusta ............................................................ $61,466,000 

Hawaii ...................................... Kunia ............................................................... $305,000,000 


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National Security Agency—Continued 

State Installation or Location Amount 

Maryland .................................. Fort Meade ....................................................... $41,200,000 

Special Operations Command 

State Installation or Location Amount 

California ........................... Naval Surface Warfare Center, Coronado ........... $28,350,000 

Florida ............................... Hurlburt Field ....................................................... $6,500,000 

Eglin Air Force Base ............................................. $12,800,000 

Georgia ............................... Fort Stewart/Hunter Army Air Field .................. $10,000,000 

Kentucky ............................. Fort Campbell ........................................................ $37,800,000 

North Carolina .................. Fort Bragg .............................................................. $18,069,000 

Washington ........................ Fort Lewis .............................................................. $53,300,000 

TRICARE Management Activity 

State Installation or Location Amount 

California ............. Beale Air Force Base ........................................................... $18,000,000 

Naval Hospital, San Diego ................................................. $15,000,000 

Colorado ............... Peterson Air Force Base ...................................................... $1,820,000 

Maryland ............. Fort Detrick .......................................................................... $55,200,000 

Uniformed Services University, Bethesda .......................... $10,350,000 

Mississippi ........... Keesler Air Force Base ........................................................ $14,000,000 

Nevada ................. Nellis Air Force Base .......................................................... $1,700,000 

South Carolina .... Charleston ............................................................................ $35,000,000 

Texas .................... Lackland Air Force Base .................................................... $11,000,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2403(a)(2), the Secretary of Defense may acquire real property and 

carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the 

following tables: 

Defense Education Activity 

Country Installation or Location Amount 

Germany ..................... Landstuhl ....................................................................... $6,543,000 

Vilseck ............................................................................ $2,323,000 

Guam .......................... Agana ............................................................................. $40,578,000 

Korea .......................... Taegu .............................................................................. $8,231,000 

Spain .......................... Naval Station, Rota ...................................................... $7,963,000 

Defense Logistics Agency 

Country Installation or Location Amount 

Greece .................... Souda Bay ........................................................................... $7,089,000 

Missile Defense Agency 

Country Installation or Location Amount 

Kwajalein ................................. Kwajalein Atoll ................................................ $4,901,000 


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National Security Agency 

Country Installation or Location Amount 

United Kingdom ...................... Menwith Hill ................................................... $86,354,000 

TRICARE Management Activity 

Country Installation or Location Amount 

Bahrain .................................... ........................................................................... $4,750,000 

SEC. 2402. ENERGY CONSERVATION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2403(a)(5), the Secretary of Defense may 

carry out energy conservation projects under section 2865 of title 10, 

United States Code, in the amount of $50,000,000. 

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2005, for military construction, land acquisition, and military family housing 

functions of the Department of Defense (other than the military departments) in the total amount of $2,817,039,000, as follows: 

(1) For military construction projects inside the United 

States authorized by section 2401(a), $626,609,000. 

(2) For military construction projects outside the United 

States authorized by section 2401(b), $123,104,000. 

(3) For unspecified minor military construction projects 

under section 2805 of title 10, United States Code, $15,736,000. 

(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$136,406,000. 

(5) For energy conservation projects authorized by section 

2402 of this Act, $50,000,000. 

(6) For base closure and realignment activities as authorized by the Defense Base Closure and Realignment Act of 1990 

(part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 

note) and funded through the Department of Defense Base Closure Account 1990 established by section 2906 of such Act, 

$254,827,000. 

(7) For base closure and realignment activities as authorized by the Defense Base Closure and Realignment Act of 1990 

(part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 

note) and funded through the Department of Defense Base Closure Account 2005 established by section 2906A of such Act, 

$1,504,466,000. 

(8) For military family housing functions: 

(A) For support of military family housing (including 

functions described in section 2833 of title 10, United 

States Code), $46,391,000. 

(B) For credit to the Department of Defense Family 

Housing Improvement Fund established by section 

2883(a)(1) of title 10, United States Code, $2,500,000. 

(9) For the construction of increment 2 of the hospital replacement at Fort Belvoir, Virginia, authorized by section 

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cal Year 2005 (division B of Public Law 108–375; 118 Stat. 

2112), $57,000,000. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—

Notwithstanding the cost variations authorized by section 2853 of 

title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2401 of this Act may not exceed the sum of the following: 

(1) The total amount authorized to be appropriated under 

paragraphs (1) and (2) of subsection (a). 

(2) $12,500,000 (the balance of the amount authorized 

under section 2401(a) for construction of a regional security operations center, Augusta, Georgia). 

(3) $256,034,000 (the balance of the amount authorized 

under section 2401(a) for replacement of a regional security operations center, Kunia, Hawaii). 

(4) $13,151,000 (the balance of the amount authorized 

under section 2401(a) for construction of a classified material 

conversion facility, Fort Meade, Maryland). 

(5) $44,657,000 (the balance of the amount authorized 

under section 2401(b) for construction of an operations building, Royal Air Force Menwith Hill Station, United Kingdom). 

(c) NOTICE AND WAIT REQUIREMENT APPLICABLE TO OBLIGA- TION OF FUNDS FOR BASE CLOSURE AND REALIGNMENT ACTIVITIES.—Funds appropriated pursuant to the authorization of appropriations in subsection (a)(7) may not be obligated until—

(1) a period of 21 days has expired following the date on 

which the Secretary of Defense submits to the congressional defense committees a report describing the specific programs, 

projects, and activities for which the funds are to be obligated; 

or 

(2) if over sooner, a period of 14 days has expired following 

the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of title 10, United States 

Code. 

TITLE XXV—NORTH ATLANTIC TREATY 

ORGANIZATION SECURITY INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

The Secretary of Defense may make contributions for the North 

Atlantic Treaty Organization Security Investment program as provided in section 2806 of title 10, United States Code, in an amount 

not to exceed the sum of the amount authorized to be appropriated 

for this purpose in section 2502 and the amount collected from the 

North Atlantic Treaty Organization as a result of construction previously financed by the United States. 

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2005, for contributions by the SecVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00396 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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retary of Defense under section 2806 of title 10, United States Code, 

for the share of the United States of the cost of projects for the North 

Atlantic Treaty Organization Security Investment program authorized by section 2501, in the amount of $206,858,000. 

TITLE XXVI—GUARD AND RESERVE 

FORCES FACILITIES 

Sec. 2601. Authorized Guard and Reserve construction and land acquisition 

projects. 

SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2005, for the costs of acquisition, architectural and engineering services, and construction of facilities 

for the Guard and Reserve Forces, and for contributions therefor, 

under chapter 1803 of title 10, United States Code (including the 

cost of acquisition of land for those facilities), in the following 

amounts: 

(1) For the Department of the Army—

(A) for the Army National Guard of the United States, 

$523,151,000; and 

(B) for the Army Reserve, $152,569,000. 

(2) For the Department of the Navy, for the Navy Reserve 

and Marine Corps Reserve, $46,864,000. 

(3) For the Department of the Air Force—

(A) for the Air National Guard of the United States, 

$316,117,000; and 

(B) for the Air Force Reserve, $105,883,000. 

TITLE XXVII—EXPIRATION AND 

EXTENSION OF AUTHORIZATIONS 

Sec. 2701. Expiration of authorizations and amounts required to be specified by law. 

Sec. 2702. Extension of authorizations of certain fiscal year 2003 projects. 

Sec. 2703. Extension of authorizations of certain fiscal year 2002 projects. 

SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE SPECIFIED BY LAW. 

(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS.—Except as provided in subsection (b), all authorizations contained in 

titles XXI through XXVI for military construction projects, land acquisition, family housing projects and facilities, and contributions 

to the North Atlantic Treaty Organization Security Investment program (and authorizations of appropriations therefor) shall expire on 

the later of—

(1) October 1, 2008; or 

(2) the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2009. 

(b) EXCEPTION.—Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family 

housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment program (and auVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00397 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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thorizations of appropriations therefor), for which appropriated 

funds have been obligated before the later of—

(1) October 1, 2008; or 

(2) the date of the enactment of an Act authorizing funds 

for fiscal year 2009 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment program. 

SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2003 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2701 of the Military 

Construction Authorization Act for Fiscal Year 2003 (division B of 

Public Law 107–314; 116 Stat. 2700), authorizations set forth in the 

tables in subsection (b), as provided in section 2301, 2302, or 2401 

of that Act, shall remain in effect until October 1, 2006, or the date 

of the enactment of an Act authorizing funds for military construction for fiscal year 2007, whichever is later. 

(b) TABLES.—The tables referred to in subsection (a) are as follows: 

Air Force: Extension of 2003 Project Authorizations 

Installation or Location Project Amount 

Aviano Air Base, Italy ............................... Area consolidation ......................... $5,000,000 

Eglin Air Force Base, Florida .................. Family housing (134 units) ........... $15,906,000 

Family housing office .................... $597,000 

Keesler Air Force Base, Mississippi ......... Family housing (117 units) ........... $16,505,000 

Randolph Air Force Base, Texas .............. Family housing (112 units) ........... $14,311,000 

Housing maintenance facility ....... $447,000 

Defense Wide: Extension of 2003 Project Authorization 

Installation or Location Project Amount 

Stennis Space Center, Mississippi ................... SOF Training Range ............. $5,000,000 

SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2002 PROJECTS. 

(a) EXTENSION AND RENEWAL.—Notwithstanding section 2701 

of the Military Construction Authorization Act for Fiscal Year 2002 

(division B of Public Law 107–107; 115 Stat. 1301), authorizations 

set forth in the tables in subsection (b), as provided in section 2101 

or 2302 of that Act and extended by section 2702 of the Military 

Construction Authorization Act for Fiscal Year 2005 (division B of 

Public Law 108–375; 118 Stat. 2116), shall remain in effect until 

October 1, 2006, or the date of the enactment of an Act authorizing 

funds for military construction for fiscal year 2007, whichever is 

later. 

(b) TABLES.—The tables referred to in subsection (a) are as follows: 

Army: Extension of 2002 Project Authorization 

Installation or Location Project Amount 

Pohakuloa Training Area, Hawaii .................. Land acquisition .................... $1,500,000 


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Air Force: Extension of 2002 Project Authorization 

Installation or Location Project Amount 

Barksdale Air Force Base, Louisiana .............. Family housing (56 units) ..... $7,300,000 

TITLE XXVIII—GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing Changes 

Sec. 2801. Modification of congressional notification requirements for certain military construction activities. 

Sec. 2802. Increase in number of family housing units in Korea authorized for lease 

by the Army at maximum amount. 

Sec. 2803. Improvement in availability and timeliness of Department of Defense information regarding military construction and family housing accounts 

and activities. 

Sec. 2804. Modification of cost variation authority. 

Sec. 2805. Inapplicability to child development centers of restriction on authority to 

acquire or construct ancillary supporting facilities. 

Sec. 2806. Department of Defense Housing Funds. 

Sec. 2807. Use of design-build selection procedures to accelerate design effort in connection with military construction projects. 

Sec. 2808. Acquisition of associated utilities, equipment, and furnishings in reserve 

component facility exchange. 

Sec. 2809. One-year extension of temporary, limited authority to use operation and 

maintenance funds for construction projects outside the United States. 

Sec. 2810. Temporary program to use minor military construction authority for construction of child development centers. 

Sec. 2811. General and flag officers quarters in the National Capital Region. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2821. Consolidation of Department of Defense land acquisition authorities and 

limitations on use of such authorities. 

Sec. 2822. Modification of authorities on agreements to limit encroachments and 

other constraints on military training, testing, and operations. 

Sec. 2823. Modification of utility system conveyance authority and related reporting 

requirements. 

Sec. 2824. Report on application of force protection and anti-terrorism standards to 

leased facilities. 

Sec. 2825. Report on use of ground source heat pumps at Department of Defense facilities. 

Subtitle C—Base Closure and Realignment 

Sec. 2831. Additional reporting requirements regarding base closure process and use 

of Department of Defense base closure accounts. 

Sec. 2832. Expanded availability of adjustment and diversification assistance for 

communities adversely affected by mission realignments in base closure 

process. 

Sec. 2833. Treatment of Indian Tribal Governments as public entities for purposes 

of disposal of real property recommended for closure in July 1993 BRAC 

Commission report. 

Sec. 2834. Termination of project authorizations for military installations approved 

for closure in 2005 round of base realignments and closures. 

Sec. 2835. Required consultation with State and local entities on issues related to 

increase in number of military personnel at military installations. 

Sec. 2836. Sense of Congress regarding infrastructure and installation requirements 

for transfer of units and personnel from closed and realigned military 

installations to receiving locations. 

Sec. 2837. Defense access road program and military installations affected by defense base closure process or Integrated Global Presence and Basing 

Strategy. 

Sec. 2838. Sense of Congress on reversionary interests involving real property at 

Navy homeports. 


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Subtitle D—Land Conveyances 

PART 1—ARMY CONVEYANCES

Sec. 2841. Land conveyance, Camp Navajo, Arizona. 

Sec. 2842. Land conveyance, Iowa Army Ammunition Plant, Middletown, Iowa. 

Sec. 2843. Land conveyance, Helena, Montana. 

Sec. 2844. Lease authority, Army Heritage and Education Center, Carlisle, Pennsylvania. 

Sec. 2845. Land exchange, Fort Hood, Texas. 

Sec. 2846. Modification of land conveyance, Engineer Proving Ground, Fort Belvoir, 

Virginia. 

Sec. 2847. Land conveyance, Fort Belvoir, Virginia. 

Sec. 2848. Land conveyance, Army Reserve Center, Bothell, Washington. 

PART 2—NAVY CONVEYANCES

Sec. 2851. Land conveyance, Marine Corps Air Station, Miramar, San Diego, California. 

Sec. 2852. Lease or license of United States Navy Museum facilities at Washington 

Navy Yard, District of Columbia. 

PART 3—AIR FORCE CONVEYANCES

Sec. 2861. Purchase of build-to-lease family housing, Eielson Air Force Base, Alaska. 

Sec. 2862. Land conveyance, Air Force property, Jacksonville, Arkansas. 

Sec. 2863. Land conveyance, Air Force property, La Junta, Colorado. 

Sec. 2864. Lease, National Imagery and Mapping Agency site, St. Louis, Missouri. 

Subtitle E—Other Matters 

Sec. 2871. Clarification of moratorium on certain improvements at Fort Buchanan, 

Puerto Rico. 

Sec. 2872. Transfer of excess Department of Defense property on Santa Rosa and 

Okaloosa Island, Florida, to Gulf Islands National Seashore. 

Sec. 2873. Authorized military uses of Papago Park Military Reservation, Phoenix, 

Arizona. 

Sec. 2874. Assessment of water needs for Presidio of Monterey and Ord Military 

Community. 

Sec. 2875. Redesignation of McEntire Air National Guard Station, South Carolina, 

as McEntire Joint National Guard Base. 

Sec. 2876. Sense of Congress regarding community impact assistance related to construction of Navy landing field, North Carolina. 

Sec. 2877. Sense of Congress on establishment of Bakers Creek Memorial. 

Subtitle A—Military Construction Program 

and Military Family Housing Changes 

SEC. 2801. MODIFICATION OF CONGRESSIONAL NOTIFICATION REQUIREMENTS FOR CERTAIN MILITARY CONSTRUCTION 

ACTIVITIES. 

(a) CONTINGENCY CONSTRUCTION.—Section 2804(b) of title 10, 

United States Code, is amended—

(1) by striking ‘‘21-day period’’ and inserting ‘‘14-day period’’; and 

(2) by striking ‘‘14-day period’’ and inserting ‘‘seven-day period’’. 

(b) ACQUISITION IN LIEU OF CONSTRUCTION.—Section 2813(c) of 

such title is amended—

(1) by striking ‘‘30-day period’’ and inserting ‘‘21-day period’’; and 

(2) by striking ‘‘21-day period’’ and inserting ‘‘14-day period’’. 


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SEC. 2802. INCREASE IN NUMBER OF FAMILY HOUSING UNITS IN 

KOREA AUTHORIZED FOR LEASE BY THE ARMY AT MAXIMUM AMOUNT. 

Section 2828(e)(4) of title 10, United States Code, is amended 

by striking ‘‘2,400’’ and inserting ‘‘2,800’’. 

SEC. 2803. IMPROVEMENT IN AVAILABILITY AND TIMELINESS OF DEPARTMENT OF DEFENSE INFORMATION REGARDING MILITARY CONSTRUCTION AND FAMILY HOUSING ACCOUNTS 

AND ACTIVITIES. 

(a) MAINTENANCE OF INFORMATION ON INTERNET.—Section 

2851 of title 10, United States Code, is amended by adding at the 

end the following new subsection: 

‘‘(c) MAINTENANCE OF MILITARY CONSTRUCTION INFORMATION

ON INTERNET; ACCESS.—(1) The Secretary of Defense shall maintain 

an Internet site that, when activated by a person authorized under 

paragraph (3), will permit the person to access and view on a separate page of the Internet site a document or other file containing the 

information required by paragraph (2) for the following: 

‘‘(A) Each military construction project or military family 

housing project that has been specifically authorized by Act of 

Congress. 

‘‘(B) Each project carried out with funds authorized for the 

operation and maintenance of military family housing. 

‘‘(C) Each project carried out with funds authorized for the 

improvement of military family housing units. 

‘‘(D) Each unspecified minor construction project carried 

out under the authority of section 2805(a) of this title. 

‘‘(E) Each military construction project or military family 

housing project regarding which a statutory requirement exists 

to notify Congress. 

‘‘(2) The information to be provided via the Internet site required by paragraph (1) for each project described in such paragraph shall include the following: 

‘‘(A) The solicitation date and award date (or anticipated 

dates) for each contract entered into (or to be entered into) by 

the United States in connection with the project. 

‘‘(B) The contract recipient, contract award amount, construction milestone schedule proposed by the contractor, and 

construction completion date stipulated in the awarded contract. 

‘‘(C) The most current Department of Defense Form 1391, 

Military Construction Project Data, for the project. 

‘‘(D) The progress of the project, including the percentage of 

construction currently completed and the current estimated construction completion date. 

‘‘(E) The current contract obligation of funds for the project, 

including any changes to the original contract award amount. 

‘‘(F) The estimated final cost of the project and, if the estimated final cost of the project exceeds the amount appropriated 

for the project and funds have been provided from another 

source to meet the increased cost, the source of the funds and 

the amount provided. 

‘‘(G) If funds appropriated for the project have been diverted for use in another project, the project to which the funds 

were diverted and the amount so diverted. 


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‘‘(H) For accounts such as planning and design, unspecified 

minor construction, and family housing operation and maintenance, detailed information regarding expenditures and anticipated expenditures under these accounts and the purposes for 

which the expenditures are made. 

‘‘(3) Access to the Internet site required by paragraph (1) shall 

be restricted to the following persons: 

‘‘(A) Members of the congressional defense committees and 

their staff. 

‘‘(B) Staff of the congressional defense committees. 

‘‘(4) The information required to be provided for each project described in paragraph (1) shall be made available to the persons referred to in paragraph (3) not later than 90 days after the award 

of a contract or delivery order for the project. The Secretary of Defense shall update the required information as promptly as practicable, but not less frequently than once a month, to ensure that the 

information is available to such persons in a timely manner.’’. 

(b) IMPLEMENTATION.—The Internet site required by subsection 

(c) of section 2851 of title 10, United States Code, as added by subsection (a), shall be available to the persons referred to in paragraph (3) of such subsection not later than July 15, 2006. 

(c) STYLISTIC AMENDMENTS.—Such section is further amended—

(1) in subsection (a), by inserting ‘‘SUPERVISION OF MILITARY DEPARTMENT PROJECTS.—’’ after ‘‘(a)’’; and 

(2) in subsection (b), by inserting ‘‘SUPERVISION OF DEFENSE AGENCY PROJECTS.—’’ after ‘‘(b)’’

SEC. 2804. MODIFICATION OF COST VARIATION AUTHORITY. 

(a) LIMITATION ON COST DECREASES RELATED TO MILITARY

CONSTRUCTION AND MILITARY FAMILY HOUSING PROJECTS.—Section 

2853 of title 10, United States Code, is amended—

(1) in subsection (a)—

(A) by striking ‘‘may be increased by not more than 25 

percent’’ and inserting ‘‘may be increased or decreased by 

not more than 25 percent’’; and 

(B) by striking ‘‘if the Secretary concerned determines 

that such an increase in cost is required’’ and inserting ‘‘if 

the Secretary concerned determines that such revised cost is 

required’’; 

(2) in subsection (c)—

(A) by striking ‘‘limitation on cost increase’’ and inserting ‘‘limitation on cost variations’’; and 

(B) by striking ‘‘the increase’’ both places it appears 

and inserting ‘‘the variation’’; and 

(3) in subsection (d), by striking ‘‘limitation on cost increases’’ and inserting ‘‘limitation on cost variations’’. 

(b) ADDITIONAL INFORMATION REQUIRED FOR NOTIFICATION IN

CONNECTION WITH WAIVER OF LIMITATIONS ON COST INCREASES.—

Subsection (c)(2) of such section is further amended by inserting 

after ‘‘the reasons therefor’’ the following: ‘‘, including a description 

of the funds proposed to be used to finance any increased costs’’. 

(c) TECHNICAL AMENDMENTS.—

(1) SECTION HEADING.—The heading of such section is 

amended to read as follows: 


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‘‘§ 2853. Authorized cost and scope of work variations’’. 

(2) TABLE OF SECTIONS.—The item relating to such section 

in the table of sections at the beginning of subchapter III of 

chapter 169 of such title is amended to read as follows: 

‘‘2853. Authorized cost and scope of work variations.’’. 

SEC. 2805. INAPPLICABILITY TO CHILD DEVELOPMENT CENTERS OF 

RESTRICTION ON AUTHORITY TO ACQUIRE OR CONSTRUCT ANCILLARY SUPPORTING FACILITIES. 

(a) EXCEPTION FOR CHILD DEVELOPMENT CENTERS.—Section 

2881(b) of title 10, United States Code, is amended by inserting 

‘‘(other than a child development center)’’ after ‘‘ancillary supporting 

facility’’. 

(b) CHILD DEVELOPMENT CENTER DEFINED.—Section 2871 of 

such title is amended—

(1) in paragraph (1), by inserting ‘‘child development centers,’’ after ‘‘day care centers,’’; and 

(2) by inserting after paragraph (1) the following new paragraph: 

‘‘(2) The term ‘child development center’ includes a facility, 

and the utilities to support such facility, the function of which 

is to support the daily care of children aged six weeks old 

through five years old for full-day, part-day, and hourly service.’’. 

(c) RULE OF CONSTRUCTION.—Nothing in the amendment made 

by subsection (a) may be construed to alter any law and regulation 

applicable to the operation of a child development center, as defined 

in section 2871(2) of title 10, United States Code. 

SEC. 2806. DEPARTMENT OF DEFENSE HOUSING FUNDS. 

(a) REQUIREMENT TO FUND CERTAIN ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING SOLELY THROUGH DEFENSE

HOUSING FUNDS.—Subsection (e) of section 2883 of title 10, United 

States Code, is amended—

(1) by striking ‘‘The Secretary’’ and inserting ‘‘(1) The Secretary’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) The Funds established under subsection (a) shall be the 

sole source of funds for activities carried out under this subchapter.’’. 

(b) AUTHORITY TO TRANSFER FUNDS APPROPRIATED FOR THE

IMPROVEMENT OF MILITARY FAMILY HOUSING TO DEFENSE HOUSING

FUNDS.—Subsection (c)(1)(B) of such section is amended by striking 

‘‘acquisition or construction’’ and inserting ‘‘acquisition, improvement, or construction’’. 

(c) REPORTING REQUIREMENTS RELATED TO DEPARTMENT OF

DEFENSE HOUSING FUNDS.—Section 2884 of such title is amended—

(1) in subsection (a)(2)(D), by inserting after ‘‘description of 

the source of such funds’’ the following: ‘‘, including a description of the specific construction, acquisition, or improvement 

projects from which funds were transferred to the Funds established under section 2883 of this title in order to finance the 

contract, conveyance, or lease’’; and 

(2) in subsection (b)(1)—


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(A) by striking ‘‘a report’’ and inserting ‘‘a separate report’’; 

(B) by striking ‘‘covering the Funds’’ and inserting ‘‘covering each of the Funds’’; and 

(C) by striking the period at the end and inserting the 

following: ‘‘, including a description of the specific construction, acquisition, or improvement projects from which funds 

were transferred and the privatization projects or contracts 

to which those funds were transferred. Each report shall 

also include, for each military department or defense agency, a description of all funds to be transferred to such 

Funds for the current fiscal year and the next fiscal year.’’. 

SEC. 2807. USE OF DESIGN-BUILD SELECTION PROCEDURES TO ACCELERATE DESIGN EFFORT IN CONNECTION WITH MILITARY 

CONSTRUCTION PROJECTS. 

(a) CLARIFICATION OF CONDITION ON CONTRACTS.—Paragraph 

(2) of subsection (f) of section 2305a of title 10, United States Code, 

is amended to read as follows: 

‘‘(2) Any military construction contract that provides for an accelerated design effort, as authorized by paragraph (1), shall include as a condition of the contract that the liability of the United 

States in a termination for convenience before funds are first made 

available for construction may not exceed an amount attributable to 

the final design of the project.’’. 

(b) DURATION OF AUTHORITY; REPORT.—Paragraph (4) of such 

subsection is amended by striking ‘‘2007’’ each place it appears and 

inserting ‘‘2008’’. 

SEC. 2808. ACQUISITION OF ASSOCIATED UTILITIES, EQUIPMENT, AND 

FURNISHINGS IN RESERVE COMPONENT FACILITY EXCHANGE. 

(a) ACQUISITION AUTHORITY.—Section 18240 of title 10, United 

States Code, is amended—

(1) in subsection (a), by adding at the end the following 

new sentence: ‘‘The acquisition of a facility or an addition to an 

existing facility under this section may include the acquisition 

of utilities, equipment, and furnishings for the facility.’’; and 

(2) in subsection (c), by inserting ‘‘including any utilities, 

equipment, and furnishings, to be’’ after ‘‘existing facility,’’. 

(b) CONFORMING AMENDMENT.—Section 2809(c)(1) of the Military Construction Authorization Act for Fiscal Year 2005 (division 

B of Public Law 108–375; 118 Stat. 2127) is amended by inserting 

‘‘including any utilities, equipment, and furnishings,’’ after ‘‘existing 

facility,’’. 

SEC. 2809. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR 

CONSTRUCTION PROJECTS OUTSIDE THE UNITED 

STATES. 

(a) CONDITIONAL EXTENSION.—Section 2808 of the Military 

Construction Authorization Act for Fiscal Year 2004 (division B of 

Public Law 108–136; 117 Stat. 1723), as amended by section 2810 

of the Military Construction Authorization Act for Fiscal Year 2005 

(division B of Public Law 108–375; 118 Stat. 2128), is further 

amended—

(1) in subsection (a), by striking ‘‘fiscal year 2005’’ and inserting ‘‘fiscal years 2005 and 2006’’; and 


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(2) in subsection (d)(2)— (A) by striking ‘‘during fiscal year 2005’’ and inserting ‘‘during a fiscal year’’; 

(B) by inserting ‘‘for that fiscal year’’ after ‘‘commence’’; 

and 

(C) by striking ‘‘for fiscal year 2004’’ and inserting ‘‘for 

the preceding fiscal year’’. (b) LIMITATION ON USE OF AUTHORITY.—Subsection (c)(1) of 

such section 2808 is amended by striking ‘‘$200,000,000’’ and inserting ‘‘$100,000,000’’. (c) QUARTERLY REPORTS.—Subsection (d) of such section 2808 

is amended by striking paragraph (1) and inserting the following 

new paragraph: ‘‘(1) Not later than 30 days after the end of each fiscal-year 

quarter during which appropriated funds available for operation 

and maintenance are obligated or expended to carry out construction projects outside the United States, the Secretary of Defense 

shall submit to the congressional committees specified in subsection 

(f) a report on the worldwide obligation and expenditure during 

that quarter of such appropriated funds for such construction 

projects.’’. (d) EFFECT OF FAILURE TO SUBMIT QUARTERLY REPORTS OR

PROJECT NOTIFICATIONS.—Such section 2808 is further amended by 

adding at the end the following new subsection: ‘‘(g) EFFECT OF FAILURE TO SUBMIT QUARTERLY REPORTS OR

PROJECT NOTIFICATIONS.—If the report for a fiscal-year quarter 

under subsection (d) or the notice of the obligation of the funds for 

a construction project required by subsection (b) is not submitted to 

the congressional committees specified in subsection (f) by the required date, appropriated funds available for operation and maintenance may not be obligated or expended after that date under the 

authority of this section to carry out construction projects outside 

the United States until the date on which the report or notice is finally submitted.’’. 

SEC. 2810. TEMPORARY PROGRAM TO USE MINOR MILITARY CONSTRUCTION AUTHORITY FOR CONSTRUCTION OF CHILD 

DEVELOPMENT CENTERS. 

(a) THRESHOLDS ON CONSTRUCTION AUTHORIZED.—The Secretary of Defense shall establish a program to carry out minor military construction projects under section 2805 of title 10, United 

States Code, to construct child development centers. 

(b) INCREASED MAXIMUM AMOUNTS APPLICABLE TO MINOR CONSTRUCTION PROJECTS.—For the purpose of any military construction 

project carried out under the program authorized by this section, the 

amounts specified in section 2805 of title 10, United States Code, 

are modified as follows: 

(1) The amount specified in the third sentence of subsection 

(a)(1) of such section is deemed to be $8,000,000. 

(2) The amount specified in the second sentence of subsection (a)(1) and in subsection (c)(1)(A) of such section is 

deemed to be $7,000,000. 

(3) The amount specified in subsections (b)(1) and (c)(1)(B) of such section is deemed to be $5,000,000. 

(c) NOTIFICATION, REVIEW AND APPROVAL REQUIREMENTS.—The 

notification requirements under section 2805 of title 10, United 


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States Code, shall remain in effect for construction projects carried 

out under the program authorized by this section. The Secretary 

shall establish procedures for the review and approval of requests 

from the Secretaries of military departments to carry out construction projects under the program. 

(d) REPORT REQUIRED.—Not later than March 1, 2007, the Secretary of Defense shall submit to the congressional defense committees a report on the program authorized by this section. The report 

shall include a list and description of the construction projects carried out under the program, including the location and cost of each 

project. 

(e) EXPIRATION OF AUTHORITY.—The authority to obligate funds 

to carry out a minor military construction project under the program authorized by this section expires on September 30, 2007. 

(f) CONSTRUCTION OF AUTHORITY.—Nothing in this section may 

be construed to limit any other authority provided by law for a military construction project at a child development center. 

(g) CHILD DEVELOPMENT CENTER DEFINED.—In this section, the 

term ‘‘child development center’’ includes a facility, and the utilities 

to support such facility, the function of which is to support the daily 

care of children aged six weeks old through five years old for fullday, part-day, and hourly service. 

SEC. 2811. GENERAL AND FLAG OFFICERS QUARTERS IN THE NATIONAL CAPITAL REGION. 

(a) SERVICE-BY-SERVICE REPORT ON NEED FOR QUARTERS IN

NATIONAL CAPITAL REGION.—Not later than March 15, 2006, the 

Secretary of each of the military departments shall submit to the 

congressional defense committees a report containing an analysis of 

the anticipated needs of the Armed Forces under the jurisdiction of 

that Secretary for family housing units for general officers and flag 

officers in the National Capital Region. In conducting the analysis, 

the Secretary shall consider the necessity of providing housing for 

general officers and flag officers in secure locations in the National 

Capital Region, but shall not consider the number of existing Government-owned units in the National Capital Region. 

(b) USE OF ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING.—The Secretary of a military department shall include in the report prepared by the Secretary 

under subsection (a) an assessment of the viability and economic 

impact of incorporating the inventory of general officer and flag officer quarters of that military department in the National Capitol Region into transactions carried out using the alternative authority for 

the acquisition and improvement of military housing provided by 

subchapter IV of chapter 169 of title 10, United States Code. The 

assessment shall include an economic analysis of the potential costs 

to include general officer and flag officer quarters into existing and 

planned housing privatization transactions. 

(c) DEFINITIONS.—In this section: 

(1) The terms ‘‘general officer’’ and ‘‘flag officer’’ have the 

meanings given such terms in section 101(b) of title 10, United 

States Code. 

(2) The term ‘‘National Capital Region’’ has the meaning 

given such term in section 2674(f) of such title. 


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Subtitle B—Real Property and Facilities 

Administration 

SEC. 2821. CONSOLIDATION OF DEPARTMENT OF DEFENSE LAND ACQUISITION AUTHORITIES AND LIMITATIONS ON USE OF 

SUCH AUTHORITIES. 

(a) LAND ACQUISITION AUTHORITY.—Chapter 159 of title 10, 

United States Code, is amended—

(1) in section 2663—

(A) by striking the section heading and inserting the 

following new section heading: 

‘‘§ 2663. Land acquisition authorities’’; 

(B) in subsection (a)—

(i) by redesignating paragraphs (1), (2), and (3) as 

subparagraphs (A), (B), and (C), respectively; 

(ii) in subparagraph (C), as so redesignated, by 

striking ‘‘clause (2)’’ and inserting ‘‘subparagraph (B)’’; 

and 

(iii) by inserting ‘‘ACQUISITION OF LAND BY CONDEMNATION FOR CERTAIN MILITARY PURPOSES.—(1)’’

before ‘‘The Secretary’’; 

(C) by redesignating subsection (b) as paragraph (2) 

and, in such paragraph, by striking ‘‘subsection (a)’’ and 

inserting ‘‘paragraph (1)’’; 

(D) by redesignating subsection (c) as subsection (b) 

and, in such subsection, by inserting ‘‘ACQUISITION BY PURCHASE IN LIEU OF CONDEMNATION.—’’ before ‘‘The Secretary’’; and 

(E) by striking subsection (d); 

(2) by transferring subsections (a), (b), and (d) of section 

2672 to section 2663 and inserting such subsections in that 

order after subsection (b), as redesignated by paragraph (1)(D); 

(3) in subsection (a), as transferred by paragraph (2), by 

striking ‘‘(a) ACQUISITION AUTHORITY’’ and inserting ‘‘(c) ACQUISITION OF LOW-COST INTERESTS IN LAND’’; 

(4) in subsection (b), as transferred by paragraph (2)—

(A) by striking ‘‘(b) ACQUISITION OF MULTIPLE PARCELS.—This section’’ and inserting ‘‘(3) This subsection’’; 

(B) by striking ‘‘subsection (a)(1)’’ and inserting ‘‘paragraph (1)’’; and 

(C) by striking ‘‘subsection (a)(2)’’ and inserting ‘‘paragraph (2)’’; 

(5) in subsection (d), as transferred by paragraph (2)—

(A) by striking ‘‘(d) AVAILABILITY OF FUNDS.—Appropriations’’ and inserting ‘‘(4) Appropriations’’; and 

(B) by striking ‘‘this section’’ and inserting ‘‘this subsection’’; 

(6) by transferring subsections (a), (c), and (b) of section 

2672a to section 2663 and inserting such subsections in that 

order after subsection (c), as redesignated and amended by 

paragraphs (3), (4), and (5); 

(7) in subsection (a), as transferred by paragraph (6)—


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(A) by redesignating paragraphs (1), (2), and (3) as 

subparagraphs (A), (B), and (C), respectively; and 

(B) by striking ‘‘(a) The Secretary’’ and inserting ‘‘(d) 

ACQUISITION OF INTERESTS IN LAND WHEN NEED IS UR- GENT.—(1) The Secretary’’; 

(8) in subsection (c), as transferred by paragraph (6)— (A) by striking ‘‘(c)’’ and inserting ‘‘(2)’’; and 

(B) by striking ‘‘this section’’ and inserting ‘‘this subsection’’; 

(9) in subsection (b), as transferred by paragraph (6)— (A) by striking ‘‘(b)’’ and inserting ‘‘(3)’’; 

(B) by striking ‘‘this section’’ in the first sentence and 

inserting ‘‘this subsection’’; and 

(C) by striking the second sentence; 

(10) by transferring subsection (b) of section 2676 to section 

2663 and inserting such subsection after subsection (d), as redesignated and amended by paragraphs (7), (8), and (9); and 

(11) in subsection (b), as transferred by paragraph (10), by 

striking ‘‘(b) Authority’’ and inserting ‘‘(e) SURVEY AUTHORITY; 

ACQUISITION METHODS.—Authority’’. 

(b) LIMITATIONS ON ACQUISITION AUTHORITY.—Section 2676 of 

such title, as amended by subsection (a)(10), is further amended— (1) in subsection (a)— (A) by inserting ‘‘AUTHORIZATION FOR ACQUISITION RE- QUIRED.—’’ before ‘‘No military department’’; and 

(B) by striking ‘‘, as amended’’; 

(2) in subsection (c)— (A) in paragraph (1), by inserting ‘‘COST LIMITATIONS.—’’ before ‘‘(1)’’; and 

(B) in paragraph (2)—

(i) by striking ‘‘A land’’ and inserting ‘‘Until subsection (d) is complied with, a land’’; and 

(ii) by striking ‘‘lesser,’’ and all that follows 

through the period at the end and inserting ‘‘lesser.’’; 

(3) in subsection (d), by inserting ‘‘CONGRESSIONAL NOTIFI- CATION.—’’ before ‘‘The limitations’’; and 

(4) in subsection (e), by inserting ‘‘PAYMENT OF JUDGE- MENTS AND SETTLEMENTS.—’’ before ‘‘The Secretary’’. (c) TRANSFER AND REDESIGNATION OF REVISED LIMITATION

SECTION.—Section 2676 of such title, as amended by subsections 

(a)(10) and (b)—

(1) is inserted after section 2663 of such title, as amended 

by subsection (a); and 

(2) is amended by striking the section heading and inserting the following new section heading: 

‘‘§ 2664. Limitations on real property acquisition’’. 

(d) INCLUSION OF LIMITATION ON LAND ACQUISITION COMMISSIONS.—Subsection (c) of section 2661 of such title is transferred to 

section 2664 of such title, as redesignated by subsection (c)(2), is inserted after subsection (a) of such redesignated section, and is redesignated as subsection (b). 

(e) APPLICATION OF REAL PROPERTY MANAGEMENT AUTHORITIES TO PENTAGON RESERVATION.—Section 2661 of such title is 

amended by adding at the end the following new subsection: 


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‘‘(d) TREATMENT OF PENTAGON RESERVATION.—In this chapter, 

the terms ‘Secretary concerned’ and ‘Secretary of a military department’ include the Secretary of Defense with respect to the Pentagon 

Reservation.’’. 

(f) CONFORMING REPEALS.—Sections 2672 and 2672a of such 

title are repealed. 

(g) CLERICAL AMENDMENTS.—The table of sections at the beginning of chapter 159 of such title is amended—

(1) by striking the items relating to sections 2663, 2672, 

2672a, and 2676; and 

(2) by inserting after the item relating to section 2662 the 

following new items: 

‘‘2663. Land acquisition authorities. 

‘‘2664. Limitations on real property acquisition.’’. 

SEC. 2822. MODIFICATION OF AUTHORITIES ON AGREEMENTS TO 

LIMIT ENCROACHMENTS AND OTHER CONSTRAINTS ON 

MILITARY TRAINING, TESTING, AND OPERATIONS. 

(a) EXPANSION OF AGREEMENTS AUTHORIZED.—

(1) IN GENERAL.—Subsection (a) of section 2684a of title 10, 

United States Code, is amended—

(A) by inserting ‘‘or entities’’ after ‘‘entity’’; and 

(B) by striking ‘‘in the vicinity of a military installation’’ and inserting ‘‘in the vicinity of, or ecologically related 

to, a military installation or military airspace’’. 

(2) CONFORMING AMENDMENTS.—Subsection (d) of such section is amended—

(A) in paragraph (1)—

(i) in the matter preceding subparagraph (A), by 

inserting ‘‘or entities’’ after ‘‘eligible entity’’; and 

(ii) in subparagraph (A), by inserting ‘‘or entities’’

after ‘‘the entity’’; and 

(B) in paragraph (3), by inserting ‘‘or entities’’ after 

‘‘the entity’’. 

(b) COST-SHARING OF ACQUISITION COSTS OF PROPERTY AND INTERESTS.—Subsection (d) of such section is further amended—

(1) in paragraph (1)—

(A) in the matter preceding subparagraph (A), by striking ‘‘may provide’’ and inserting ‘‘shall provide’’; and 

(B) by striking subparagraph (B) and inserting the following new subparagraph (B): 

‘‘(B) the sharing by the United States and the entity or entities of the acquisition costs in accordance with paragraph (3).’’; 

(2) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and 

(3) by inserting after paragraph (2) the following new paragraph (3): 

‘‘(3)(A) The Secretary concerned shall determine the appropriate 

portion of the acquisition costs to be borne by the United States in 

the sharing of acquisition costs of real property, or an interest in 

real property, under paragraph (1)(B). 

‘‘(B) The portion of acquisition costs borne by the United States 

in the sharing of acquisition costs of real property, or an interest in 

real property, under paragraph (1)(B) may not exceed an amount 

equal to the fair market value of any property or interest to be 


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transferred to the United States upon the request of the Secretary 

concerned under paragraph (4). ‘‘(C) The contribution of an entity or entities to the acquisition 

costs of real property, or an interest in real property, under paragraph (1)(B) may include, with the approval of the Secretary concerned, the following or any combination of the following: ‘‘(i) The provision of funds, including funds received by 

such entity or entities from a Federal agency outside the Department of Defense or a State or local government in connection with a Federal, State, or local program. ‘‘(ii) The provision of in-kind services, including services related to the acquisition or maintenance of such real property or 

interest in real property. ‘‘(iii) The exchange or donation of real property or any interest in real property.’’. (c) REPORTING REQUIREMENT.—Such section is further amended— (1) by redesignating subsections (g) and (h) as subsections 

(h) and (i), respectively; and 

(2) by inserting after subsection (f) the following new subsection (g): 

‘‘(g) ANNUAL REPORTS.—(1) Not later than March 1, 2007, and 

annually thereafter, the Secretary of Defense shall, in coordination 

with the Secretaries of the military departments and the Director of 

the Department of Defense Test Resource Management Center, submit to the Committees on Armed Services of the Senate and the 

House of Representatives a report on the projects undertaken under 

agreements under this section. 

‘‘(2) Each report under paragraph (1) shall include the following the following: 

‘‘(A) A description of the status of the projects undertaken 

under agreements under this section. 

‘‘(B) An assessment of the effectiveness of such projects, and 

other actions taken pursuant to this section, as part of a longterm strategy to ensure the sustainability of military test and 

training ranges, military installations, and associated airspace. ‘‘(C) An evaluation of the methodology and criteria used to 

select, and to establish priorities, for projects undertaken under 

agreements under this section. ‘‘(D) A description of any sharing of costs by the United 

States and eligible entities under subsection (d) during the preceding year, including a description of each agreement under 

this section providing for the sharing of such costs and a statement of the eligible entity or entities with which the United 

States is sharing such costs. ‘‘(E) Such recommendations as the Secretary of Defense 

considers appropriate for legislative or administrative action in 

order to improve the efficiency and effectiveness of actions taken 

pursuant to agreements under this section.’’. 

SEC. 2823. MODIFICATION OF UTILITY SYSTEM CONVEYANCE AUTHORITY AND RELATED REPORTING REQUIREMENTS. 

(a) NOTICE AND WAIT REQUIREMENT.—Subsection (a) of section 

2688 of title 10, United States Code, is amended—

(1) by inserting ‘‘(1)’’ after ‘‘CONVEYANCE AUTHORITY.—’’; 

and 


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(2) by adding at the end the following new paragraph: ‘‘(2) The Secretary concerned may not enter into a contract to 

convey a utility system, or part of a utility system, under this subsection until— ‘‘(A) the Secretary submits to the congressional defense committees an economic analysis, based upon accepted life-cycle 

costing procedures approved by the Secretary of Defense, that 

demonstrates that— ‘‘(i) the long-term economic benefit to the United States 

of the conveyance of the utility system, or part thereof, exceeds the long-term economic cost to the United States of 

the conveyance; ‘‘(ii) the conveyance of the utility system, or part thereof, will reduce the long-term cost to the United States of 

utility services provided by the utility system; and ‘‘(iii) the economic benefit analysis under clause (i) and 

the cost reduction analysis under clause (ii) incorporate 

margins of error in the estimates, based upon guidance approved by the Secretary of Defense that minimize any 

underestimation of the costs resulting from privatization of 

the utility system, or part thereof, or any overestimation of 

the costs resulting from continued Government ownership 

and management of the utility system, or part thereof; and 

‘‘(B) the end of the 21-day period beginning on the date on 

which the economic analysis prepared under subparagraph (A) 

with respect to the conveyance of the utility system, or part 

thereof, is received by the congressional defense committees or, 

if over earlier, the end of the 14-day period beginning on the 

date on which a copy of the economic analysis is provided in 

an electronic medium pursuant to section 480 of this title.’’. (b) CONSIDERATION.—Subsection (c)(1) of such section is amended by striking ‘‘shall’’ and inserting ‘‘may’’. (c) DURATION OF UTILITY SERVICES CONTRACTS IN CONNECTION

WITH CONVEYANCES.—Such section is further amended—

(1) by redesignating subsections (d) through (i) as subsections (e) through (j), respectively; and 

(2) by redesignating paragraph (3) of subsection (c) as subsection (d) and, in such subsection (as so redesignated)—

(A) by striking ‘‘A contract’’ and inserting ‘‘CONTRACTS

FOR UTILITY SERVICES.—(1) Except as provided in paragraph (2), a contract’’; 

(B) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (c)’’; 

(C) by striking ‘‘50 years.’’ and inserting ‘‘10 years.’’; 

and 

(D) by adding at the end the following new paragraph: 

‘‘(2) The Secretary of Defense, or the designee of the Secretary, 

may authorize a contract for utility services described in paragraph 

(1) to have a term in excess of 10 years, but not to exceed 50 years, 

if the Secretary determines that a contract for a longer term will be 

cost effective. The economic analysis submitted to the congressional 

defense committees under subsection (a)(2) for the conveyance of the 

utility system, or part thereof, with regard to which the utility services contract will be entered into by the Secretary concerned shall 

include the determination required by this paragraph, an explaVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00411 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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nation of the need for the longer term contract, and a comparison 

of costs between a 10-year contract and the longer-term contract.’’. 

(d) CONFORMING AMENDMENTS.—Such section is further 

amended—

(1) in subsection (f), as redesignated by subsection (c)(1), by 

striking the second sentence; and 

(2) in subsection (h), as redesignated by subsection (c)(1), by 

striking ‘‘subsection (e)’’ and inserting ‘‘subsection (a)(2)’’. 

(e) TEMPORARY LIMITATION ON USE OF CONVEYANCE AUTHORITY.—During each of fiscal years 2006 and 2007, the number of utility systems, or parts of utility systems, for which conveyance contracts may be entered into under section 2688 of title 10, United 

States Code, shall not exceed 25 percent of the total number of utility systems that, as of the date of the enactment of this Act, have 

been determined to be eligible for conveyance under such section, 

but have not yet been conveyed. 

(f) REPORT ON USE OF CONVEYANCE AUTHORITY.—Not later 

than April 1, 2006, the Secretary of Defense shall submit to the congressional defense committees a report describing the use of section 

2688 of title 10, United States Code, to convey utility systems, or 

parts of utility systems. The report shall contain the following: 

(1) A discussion of the methodology by which a military department conducts the economic analyses of proposed utility 

system conveyances under section 2688 of title 10, United States 

Code, including the economic analyses referred to in subsection 

(a)(2) of such section, and any guidance issued by the Department of Defense related to conducting such economic analyses. 

(2) A list of the steps taken to ensure the reliability of completed economic analyses, including post-conveyance reviews of 

actual costs and savings to the United States versus the costs 

and savings anticipated in the economic analyses. 

(3) A review of the costs and savings to the United States 

resulting from each utility system conveyance carried out under 

such section. 

(4) A discussion of the feasibility of obtaining consideration 

equal to the fair market value of a conveyed utility system, as 

authorized by subsection (c) of such section, and any guidance 

issued by the Department of Defense related to implementing 

that requirement, and the effect of that requirement and guidance on the costs and savings to the United States resulting 

from procuring by contract the utility services provided by the 

utility system. 

(5) A discussion of the effects that permanent conveyance of 

ownership in a utility system may have on the ability of the 

Secretary of a military department to renegotiate contracts for 

utility services provided by the utility system or to procure such 

services from another source. 

(6) A comparison of the value of contracts to permanently 

convey ownership in a utility system versus contracts that include reversion of the utility system to Government ownership 

at the end of a specified contractual period, with regards to contract terms, short- and long-term costs to the Government, system condition at the end of a contract, liability and costs associated with termination before the end of a contract, and availVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00412 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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able courses of action to address problems and other issues 

raised during and after the contractual period. 

(7) A discussion of the efforts and direction within the Department of Defense to oversee the implementation and use of 

the utility system conveyance authority under this section and 

to ensure the adequacy of utilities services for a military installation after conveyance of a utility system. 

(8) A discussion of the effect of utility system conveyances 

on the operating budgets of military installations at which the 

conveyances were made. 

(g) TEMPORARY SUSPENSION OF CONVEYANCE AUTHORITY.—If 

the report required by subsection (f) is not submitted to the congressional defense committees by the date specified in such subsection, 

the Secretary of a military department may not convey a utility system, including any part of a utility system, under subsection (a) of 

section 2688 of title 10, United States Code, or make a contribution 

under subsection (h) of such section toward the cost of construction, 

repair, or replacement of a utility system by another entity until the 

end of the 30-day period beginning on the date on which the report 

is finally submitted. 

(h) COMPTROLLER GENERAL REVIEW.—Not later than August 1, 

2006, the Comptroller General shall submit to the congressional defense committees a report evaluating the changes made by the Department of Defense since May 2005 to the utility systems conveyance program authorized by section 2688 of title 10, United States 

Code, and the effects of those changes and containing such recommendations for additional changes as the Comptroller General 

considers necessary. 

SEC. 2824. REPORT ON APPLICATION OF FORCE PROTECTION AND 

ANTI-TERRORISM STANDARDS TO LEASED FACILITIES. 

(a) REPORT REQUIRED.—Not later than September 30, 2006, the 

Secretary of Defense shall submit to the congressional defense committees a report on the application of Department of Defense AntiTerrorism/Force Protection standards to all facilities leased by the 

Department of Defense or leased by the General Services Administration as an agent for the Department of Defense as of September 

30, 2005. 

(b) INFORMATION ON LEASED FACILITIES.—For the facilities 

identified in the report submitted under subsection (a), the Secretary 

of Defense shall include the following: 

(1) A description of the function of each leased facility, including the location, size, terms of lease, and number of personnel housed within the facility. 

(2) A description of the threat assessment and the joint security integrated vulnerability assessment for each leased facility. 

(3) A description and cost estimate of any actions necessary 

to mitigate risk to an acceptable level in each leased facility. 

(4) A description and cost estimate of the actions to be 

taken by the Secretary for each leased facility to ensure compliance with Department of Defense Anti-Terrorism/Force Protection standards. 

(5) The total estimated cost of, and a proposed funding 

plan for, implementation of the force protection and anti-terrorism measures required to ensure the compliance of all leased 


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facilities with Defense Anti-Terrorism/Force Protection standards. 

(c) INFORMATION ON SUPPORT PRIORITIES.—The report submitted under subsection (a) shall also include a separate description 

of the procedures used by the Secretary of Defense to prioritize funding for the application of force protection and antiterrorism standards to leased facilities, including a description of any such procedures applicable to the entire Department of Defense. 

(d) APPLICABILITY.—The reporting requirements under this section apply to any space or facility that houses 11 or more personnel 

in service to, or employed by, the Department of Defense. 

SEC. 2825. REPORT ON USE OF GROUND SOURCE HEAT PUMPS AT DEPARTMENT OF DEFENSE FACILITIES. 

(a) REPORT REQUIRED.—Not later than July 1, 2006, the Secretary of Defense shall submit to the congressional defense committees a report on the use of ground source heat pumps at Department 

of Defense facilities. 

(b) CONTENT.—The report required under subsection (a) shall 

include—

(1) a description of the types of Department of Defense facilities that use ground source heat pumps; 

(2) an assessment of the applicability and cost-effectiveness 

of the use of ground source heat pumps at Department of Defense facilities in different geographic regions of the United 

States; 

(3) a description of the relative applicability of ground 

source heat pumps for purposes of new construction at, and retrofitting of, Department of Defense facilities; and 

(4) recommendations for facilitating and encouraging the 

increased use of ground source heat pumps at Department of 

Defense facilities. 

Subtitle C—Base Closure and Realignment 

SEC. 2831. ADDITIONAL REPORTING REQUIREMENTS REGARDING 

BASE CLOSURE PROCESS AND USE OF DEPARTMENT OF 

DEFENSE BASE CLOSURE ACCOUNTS. 

(a) INFORMATION ON FUTURE RECEIPTS AND EXPENDITURES.—

(1) 1990 ACCOUNT.—Section 2906(c)(1) of the Defense Base 

Closure and Realignment Act of 1990 (part A of title XXIX of 

Public Law 101–510; 10 U.S.C. 2687 note) is amended—

(A) in subparagraph (A)—

(i) by striking ‘‘committees of the amount’’ and inserting ‘‘committees of—

‘‘(i) the amount’’; 

(ii) by striking ‘‘such fiscal year and of the 

amount’’ and inserting ‘‘such fiscal year; 

‘‘(ii) the amount’’; and 

(iii) by striking ‘‘such fiscal year.’’ and inserting 

‘‘such fiscal year; 

‘‘(iii) the amount and nature of anticipated deposits to be 

made into, and the anticipated expenditures to be made from, 

the Account during the first fiscal year commencing after the 

submission of the report; and 


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‘‘(iv) the amount and nature of anticipated expenditures to 

be made pursuant to section 2905(a) during the first fiscal year 

commencing after the submission of the report.’’; and 

(B) in subparagraph (B)—

(i) in clause (i), by inserting ‘‘and installation’’

after ‘‘subaccount’’; and 

(ii) by adding at the end the following new clause: 

‘‘(v) An estimate of the net revenues to be received from 

property disposals to be completed during the first fiscal year 

commencing after the submission of the report at military installations the date of approval of closure or realignment of 

which is before January 1, 2005.’’. 

(2) 2005 ACCOUNT.—Section 2906A(c)(1) of such Act is 

amended—

(A) in subparagraph (A)—

(i) by striking ‘‘committees of the amount’’ and inserting ‘‘committees of—

‘‘(i) the amount’’; 

(ii) by striking ‘‘such fiscal year and of the 

amount’’ and inserting ‘‘such fiscal year; 

‘‘(ii) the amount’’; and 

(iii) by striking ‘‘such fiscal year.’’ and inserting 

‘‘such fiscal year; 

‘‘(iii) the amount and nature of anticipated deposits to be 

made into, and the anticipated expenditures to be made from, 

the Account during the first fiscal year commencing after the 

submission of the report; and 

‘‘(iv) the amount and nature of anticipated expenditures to 

be made pursuant to section 2905(a) during the first fiscal year 

commencing after the submission of the report.’’; and 

(B) in subparagraph (B)—

(i) in clause (i), by inserting ‘‘and installation’’

after ‘‘subaccount’’; and 

(ii) by adding at the end the following new clause: 

‘‘(v) An estimate of the net revenues to be received from 

property disposals to be completed during the first fiscal year 

commencing after the submission of the report at military installations the date of approval of closure or realignment of 

which is after January 1, 2005.’’. 

(b) INFORMATION ON BRAC PROCESS.—Section 2907 of such Act 

is amended—

(1) by striking ‘‘fiscal year 1993’’ and inserting ‘‘fiscal year 

2007’’; 

(2) by striking ‘‘and’’ at the end of paragraph (1); 

(3) by striking the period at the end of paragraph (2) and 

inserting a semicolon; and 

(4) by adding at the end the following new paragraphs: 

‘‘(3) a description of the closure or realignment actions already carried out at each military installation since the date of 

the installation’s approval for closure or realignment under this 

part and the current status of the closure or realignment of the 

installation, including whether—

‘‘(A) a redevelopment authority has been recognized by 

the Secretary for the installation; 


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388 

‘‘(B) the screening of property at the installation for 

other Federal use has been completed; and 

‘‘(C) a redevelopment plan has been agreed to by the redevelopment authority for the installation; 

‘‘(4) a description of redevelopment plans for military installations approved for closure or realignment under this part, 

the quantity of property remaining to be disposed of at each installation as part of its closure or realignment, and the quantity 

of property already disposed of at each installation; 

‘‘(5) a list of the Federal agencies that have requested property during the screening process for each military installation 

approved for closure or realignment under this part, including 

the date of transfer or anticipated transfer of the property to 

such agencies, the acreage involved in such transfers, and an 

explanation for any delays in such transfers; 

‘‘(6) a list of known environmental remediation issues at 

each military installation approved for closure or realignment 

under this part, including the acreage affected by these issues, 

an estimate of the cost to complete such environmental remediation, and the plans (and timelines) to address such environmental remediation; and 

‘‘(7) an estimate of the date for the completion of all closure 

or realignment actions at each military installation approved 

for closure or realignment under this part.’’. 

SEC. 2832. EXPANDED AVAILABILITY OF ADJUSTMENT AND DIVERSIFICATION ASSISTANCE FOR COMMUNITIES ADVERSELY 

AFFECTED BY MISSION REALIGNMENTS IN BASE CLOSURE 

PROCESS. 

(a) ELIGIBILITY REQUIREMENTS.—Subsection (b)(3) of section 

2391 of title 10, United States Code, is amended—

(1) by striking ‘‘significantly reduced operations of a defense 

facility’’ and inserting ‘‘realignment of a military installation’’; 

(2) by striking ‘‘cancellation,’’ and inserting ‘‘closure or realignment, cancellation or’’; and 

(3) by striking ‘‘community’’ and all that follows through 

the period at the end and inserting ‘‘community or its residents.’’. 

(b) MILITARY INSTALLATION AND REALIGNMENT DEFINED.—

Paragraph (1) of subsection (d) of such section is amended to read 

as follows: 

‘‘(1) The terms ‘military installation’ and ‘realignment’ have 

the meanings given those terms in section 2687(e) of this title.’’. 

SEC. 2833. TREATMENT OF INDIAN TRIBAL GOVERNMENTS AS PUBLIC 

ENTITIES FOR PURPOSES OF DISPOSAL OF REAL PROPERTY RECOMMENDED FOR CLOSURE IN JULY 1993 BRAC 

COMMISSION REPORT. 

Section 8013 of the Department of Defense Appropriations Act, 

1994 (Public Law 103–139; 107 Stat. 1440), is amended by striking 

‘‘the report to the President from the Defense Base Closure and Realignment Commission, July 1991’’ and inserting ‘‘the reports to the 

President from the Defense Base Closure and Realignment Commission, July 1991 and July 1993’’. 


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SEC. 2834. TERMINATION OF PROJECT AUTHORIZATIONS FOR MILITARY INSTALLATIONS APPROVED FOR CLOSURE IN 2005 

ROUND OF BASE REALIGNMENTS AND CLOSURES. 

(a) PROJECT TERMINATION.—An authorization for a military 

construction project, land acquisition, or family housing project contained in title XXI, XXII, XXIII, or XXIV of this Act or in an Act 

authorizing funds for a prior fiscal year for military construction 

projects, land acquisition, and family housing projects (and authorizations of appropriations therefor) shall terminate and no longer 

constitute authority under section 2676, 2802, 2821, or 2822 of title 

10, United States Code, to carry out the military construction 

project, land acquisition, or family housing project if the project is 

located at a military installation that is approved for closure or adverse realignment or established as an enclave in 2005 under the 

Defense Base Closure and Realignment Act of 1990 (part A of title 

XXIX of Public Law 101–510; 10 U.S.C. 2687 note). 

(b) EXCEPTIONS.—Subsection (a) shall not apply to an authorization for a military construction project, land acquisition, or family housing project (and authorizations of appropriations therefor) if 

the Secretary of Defense determines that— (1) the cost to the United States to carry out the project 

would be less than the cost to the United States of canceling the 

project; 

(2) the project remains necessary to support functions at a 

military installation either before, during, or after the closure 

or realignment of the installation or the establishment of the installation as an enclave; 

(3) in the case of an installation established as an enclave 

to which future missions may be designated, the project is necessary to support enclave functions or future missions after 

their designation; or 

(4) the project is vital to the national security or to the protection of health, safety, or the quality of the environment. 

(c) NOTICE AND WAIT REQUIREMENT.—When a decision is made 

to carry out a military construction project, land acquisition, or 

family housing project under subsection (b), the Secretary of Defense 

shall submit to the congressional defense committees a report explaining the decision, including the justification for the project and 

the current estimate of the cost of the project. The project may then 

be carried out only after the end of the 21-day period beginning on 

the date the report is received by such committees or, if earlier, the 

end of the 14-day period beginning on the date on which a copy of 

the report is provided in an electronic medium pursuant to section 

480 of title 10, United States Code. In the case of a project described 

in subsection (b)(4), advance notification is not required, but the 

Secretary shall notify such committees within seven days after first 

obligating funds for the project. 

SEC. 2835. REQUIRED CONSULTATION WITH STATE AND LOCAL ENTITIES ON ISSUES RELATED TO INCREASE IN NUMBER OF 

MILITARY PERSONNEL AT MILITARY INSTALLATIONS. 

If the base closure and realignment decisions of the 2005 round 

of base closures and realignments under the Defense Base Closure 

and Realignment Act of 1990 (part A of title XXIX of Public Law 

101–510; 10 U.S.C. 2687 note) or the Integrated Global Presence 

and Basing Strategy would result in an increase in the number of 

members of the Armed Forces assigned to a military installation, 


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the Secretary of Defense, during the development of the plans to implement the decisions or strategy with respect to that installation, 

shall consult with appropriate State and local entities to ensure that 

matters affecting the local community, including requirements for 

transportation, utility infrastructure, housing, education, and family support activities, are considered. 

SEC. 2836. SENSE OF CONGRESS REGARDING INFRASTRUCTURE AND 

INSTALLATION REQUIREMENTS FOR TRANSFER OF UNITS 

AND PERSONNEL FROM CLOSED AND REALIGNED MILITARY INSTALLATIONS TO RECEIVING LOCATIONS. 

(a) FINDINGS.—Congress finds the following: 

(1) The decisions of the 2005 round of base closures and realignments and the Integrated Global Presence and Basing 

Strategy will result in the permanent change of station and relocation of hundreds of thousands of members of the Armed 

Forces and their families over the next six years. 

(2) Critical quality-of-life concerns for military families related to the infrastructure and installation requirements to support the restructuring of the Armed Forces include adequate 

housing and continued access to quality education facilities and 

child care, health care, and other services. 

(3) By ensuring that facilities and infrastructure are maintained at closing installations pending the actual change of station and relocation of members of the Armed Forces and their 

families and that adequate permanent facilities and infrastructure await them at the receiving installations, disruptions to 

unit operational effectiveness will be minimized and the quality 

of life of military families will be protected. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the 

Secretary of Defense should seek to ensure that the permanent facilities and infrastructure necessary to support the mission of the 

Armed Forces and the quality-of-life needs of members of the Armed 

Forces and their families are ready for use at receiving locations before units are transferred to such locations as a result of the 2005 

round of base closures and realignments and the Integrated Global 

Presence and Basing Strategy. 

SEC. 2837. DEFENSE ACCESS ROAD PROGRAM AND MILITARY INSTALLATIONS AFFECTED BY DEFENSE BASE CLOSURE PROCESS OR INTEGRATED GLOBAL PRESENCE AND BASING 

STRATEGY. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that roads 

leading onto a military installation that is significantly impacted by 

an increase in the number of members of the Armed Forces assigned 

to the installation as a result of the 2005 round of defense base closure and realignment under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 

U.S.C. 2687 note) or the Integrated Global Presence and Basing 

Strategy should be considered for designation as defense access 

roads for purposes of section 210 of title 23, United States Code. 

(b) STUDY OF SURFACE TRANSPORTATION INFRASTRUCTURE OF

AFFECTED INSTALLATIONS.—The Secretary of Defense shall conduct 

a study—

(1) to identify each military installation, if any, that will be 

significantly impacted by an increase in the number of members 

of the Armed Forces assigned to the installation as a result of 


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391 

the 2005 round of defense base closure and realignment under 

the Defense Base Closure and Realignment Act of 1990 or the 

Integrated Global Presence and Basing Strategy; and 

(2) to determine whether the existing surface transportation 

infrastructure at each installation identified under paragraph 

(1) is adequate to support the increased vehicular traffic associated with the increase in the number of defense personnel described in that paragraph. 

(c) REPORT.—Not later than April 15, 2007, the Secretary shall 

submit to the congressional defense committees a report containing 

the results of the study conducted under subsection (b). 

SEC. 2838. SENSE OF CONGRESS ON REVERSIONARY INTERESTS INVOLVING REAL PROPERTY AT NAVY HOMEPORTS. 

It is the sense of Congress that, in implementing the decisions 

made with respect to Navy homeports as part of the 2005 round of 

defense base closures and realignments, the Secretary of the Navy 

should, when consistent with Federal policy supporting cost-free 

conveyances of Federal surplus property suitable for use to provide 

a public benefit, release or otherwise relinquish any entitlement to 

receive, pursuant to any agreement providing for such payment, 

compensation from any holder of a reversionary interest in real 

property used by the United States for improvements made to the 

property. 

Subtitle D—Land Conveyances 

PART 1—ARMY CONVEYANCES 

SEC. 2841. LAND CONVEYANCE, CAMP NAVAJO, ARIZONA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey, without consideration, to the Department of Veterans’ Services of the State of Arizona (in this section referred to as the ‘‘Department’’) all right, title, and interest of the United States in and 

to a parcel of real property, including any improvements thereon, 

consisting of approximately 80 acres at Camp Navajo, Arizona, for 

the purpose of permitting the Department to establish a State-run 

cemetery for veterans. 

(b) REVERSIONARY INTEREST.—If the Secretary determines at 

any time that the real property conveyed under subsection (a) is not 

being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the 

property shall revert, at the option of the Secretary, to the United 

States, and the United States shall have the right of immediate 

entry onto the property. Any determination of the Secretary under 

this subsection shall be made on the record after an opportunity for 

a hearing. 

(c) PAYMENT OF COSTS OF CONVEYANCE.—

(1) PAYMENT REQUIRED.—The Secretary shall require the 

Department to cover costs to be incurred by the Secretary, or to 

reimburse the Secretary for costs incurred by the Secretary, to 

carry out the conveyance under subsection (a), including survey 

costs, costs related to environmental documentation, and other 

administrative costs related to the conveyance. If amounts are 

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curring the actual costs, and the amount collected exceeds the 

costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Department. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to the 

fund or account that was used to cover the costs incurred by the 

Secretary in carrying out the conveyance. Amounts so credited 

shall be merged with amounts in such fund or account and 

shall be available for the same purposes, and subject to the 

same conditions and limitations, as amounts in such fund or 

account. 

(d) DESCRIPTION OF REAL PROPERTY.—The exact acreage and 

legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 

SEC. 2842. LAND CONVEYANCE, IOWA ARMY AMMUNITION PLANT, MIDDLETOWN, IOWA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey to the City of Middletown, Iowa (in this section referred to 

as the ‘‘City’’), all right, title, and interest of the United States in 

and to a parcel of real property, including any improvements thereon, consisting of approximately 1.0 acres located at the Iowa Army 

Ammunition Plant, Middletown, Iowa, for the purpose of economic 

development. 

(b) CONSIDERATION.—As consideration for the conveyance of 

property under subsection (a), the City shall provide the United 

States, whether by cash payment, in-kind consideration, or a combination thereof, an amount that is not less than the fair market 

value of the conveyed property, as determined by the Secretary. 

(c) PAYMENT OF COSTS OF CONVEYANCE.—

(1) AUTHORITY TO REQUIRE PAYMENT.—The Secretary may 

require the City to cover costs to be incurred by the Secretary, 

or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, 

and other administrative costs related to the conveyance. If 

amounts are collected from the City in advance of the Secretary 

incurring the actual costs, and the amount collected exceeds the 

costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the City. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to the 

fund or account that was used to cover the costs incurred by the 

Secretary in carrying out the conveyance. Amounts so credited 

shall be merged with amounts in such fund or account, and 

shall be available for the same purposes, and subject to the 

same conditions and limitations, as amounts in such fund or 

account. 


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393 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Secretary. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 

SEC. 2843. LAND CONVEYANCE, HELENA, MONTANA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey to the Helena Indian Alliance all right, title, and interest of 

the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 3.0 acres located at 

Sheridan Hall United States Army Reserve Center, 501 Euclid Avenue, Helena, Montana, for the purposes of supporting Native American health care, mental health counseling, and the operation of an 

education training center. 

(b) REVERSIONARY INTEREST.—If the Secretary determines at 

any time that the real property conveyed under subsection (a) is not 

being used in accordance with the purposes of the conveyance specified in such subsection, all right, title, and interest in and to the 

property shall revert, at the option of the Secretary, to the United 

States, and the United States shall have the right of immediate 

entry onto the property. Any determination of the Secretary under 

this subsection shall be made on the record after an opportunity for 

a hearing. 

(c) PAYMENT OF COSTS OF CONVEYANCE.—

(1) PAYMENT REQUIRED.—The Secretary shall require the 

Helena Indian Alliance to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the 

Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. 

If amounts are collected from the Helena Indian Alliance in advance of the Secretary incurring the actual costs, and the 

amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund 

the excess amount to the Alliance. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to the 

fund or account that was used to cover the costs incurred by the 

Secretary in carrying out the conveyance. Amounts so credited 

shall be merged with amounts in such fund or account and 

shall be available for the same purposes, and subject to the 

same conditions and limitations, as amounts in such fund or 

account. 

(d) DESCRIPTION OF REAL PROPERTY.—The exact acreage and 

legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 


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SEC. 2844. LEASE AUTHORITY, ARMY HERITAGE AND EDUCATION CENTER, CARLISLE, PENNSYLVANIA. 

Section 2866 of the Military Construction Authorization Act for 

Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 

1333) is amended— (1) by redesignating subsection (e) as subsection (f); and 

(2) by inserting after subsection (d) the following new subsection (e): 

‘‘(e) LEASE OF FACILITY.—(1) Under such terms and conditions 

as the Secretary considers appropriate, the Secretary may lease portions of the facility to the Military Heritage Foundation to be used 

by the Foundation, consistent with the agreement referred to in subsection (a), for—

‘‘(A) generating revenue for activities of the facility through 

rental use by the public, commercial and nonprofit entities, 

State and local governments, and other Federal agencies; and 

‘‘(B) such administrative purposes as may be necessary for 

the support of the facility. 

‘‘(2) The annual amount of consideration paid to the Secretary 

by the Military Heritage Foundation for a lease under paragraph 

(1) may not exceed an amount equal to the actual cost, as determined by the Secretary, of the annual operations and maintenance 

of the facility. 

‘‘(3) Amounts paid under paragraph (2) may be used by the Secretary, in such amounts as provided in advance in appropriation 

Acts, to cover the costs of operation of the facility.’’. 

SEC. 2845. LAND EXCHANGE, FORT HOOD, TEXAS. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey to Central Texas College (in this section referred to as the 

‘‘College’’) all right, title, and interest of the United States in and 

to a parcel of real property, including any improvements thereon, 

consisting of approximately 40 acres at Fort Hood, Texas. 

(b) CONSIDERATION.—As consideration for the conveyance under 

subsection (a), the College shall convey to the Secretary all right, 

title, and interest of the College in and to one or more parcels of real 

property acceptable to the Secretary and consisting of a total of approximately 158 acres. The fair market value of the real property received by the Secretary under this subsection shall be at least equal 

to the fair market value of the real property conveyed under subsection (a), as determined by the Secretary. 

(c) PAYMENT OF COSTS OF CONVEYANCE.— (1) PAYMENT REQUIRED.—The Secretary shall require the 

College to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry 

out the land exchange under this section, including survey 

costs, costs related to environmental documentation, and other 

administrative costs related to the exchange. If amounts are collected from the College in advance of the Secretary incurring 

the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the 

Secretary shall refund the excess amount to the College. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to the 

fund or account that was used to cover the costs incurred by the 

Secretary in carrying out the land exchange. Amounts so credVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00422 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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ited shall be merged with amounts in such fund or account, 

and shall be available for the same purposes, and subject to the 

same conditions and limitations, as amounts in such fund or 

account. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be exchanged under this section 

shall be determined by surveys satisfactory to the Secretary. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

land exchange under this section as the Secretary considers appropriate to protect the interests of the United States. 

SEC. 2846. MODIFICATION OF LAND CONVEYANCE, ENGINEER PROVING GROUND, FORT BELVOIR, VIRGINIA. 

(a) CONSIDERATION.—Subsection (b)(4) of section 2836 of the 

Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1314) is amended by striking ‘‘, jointly determined’’ and all that follows through ‘‘Ground’’

and inserting ‘‘equal to $3,880,000’’. 

(b) REPLACEMENT OF FIRE STATION.—Subsection (d) of such 

section is amended—

(1) in paragraph (1)—

(A) by striking ‘‘Building 5089’’ and inserting ‘‘Building 191’’; and 

(B) by striking ‘‘paragraphs (2) and (3)’’ and inserting 

‘‘paragraph (2)’’; 

(2) in paragraph (2), by striking ‘‘Building 5089’’ and inserting ‘‘Building 191’’; and 

(3) by striking paragraph (3). 

SEC. 2847. LAND CONVEYANCE, FORT BELVOIR, VIRGINIA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey to the Commonwealth of Virginia (in this section referred to 

as the ‘‘Commonwealth’’) all right, title, and interest of the United 

States in and to up to three parcels of real property at Fort Belvoir, 

Virginia, consisting of approximately 2.5 acres and located on the 

alignment of State Route 618 (also known as the Woodlawn Road) 

and both the east and west sides of the intersection of State Route 

618 and U.S. Highway No. 1 (in this section referred to as the 

‘‘Woodlawn Road parcels’’), for the purpose of allowing the Commonwealth, the National Trust for Historic Preservation (in this section referred to as the ‘‘Trust’’), and Fairfax County, Virginia, to 

enter into an agreement regarding the conveyance from the Trust of 

a parcel of real property located on the west side of Old Mill Road, 

consisting of approximately two acres and extending between the 

intersection of Old Mill Road and Pole Road and the intersection 

of Mount Vernon Highway and U.S. Highway No. 1. 

(b) CONSIDERATION.—

(1) IN GENERAL.—As consideration for the conveyance of the 

Woodlawn Road parcels under subsection (a), the Secretary 

shall receive, whether by cash payment, in-kind consideration, 

or a combination thereof, an amount that is not less than the 

fair market value of the conveyed property, as determined by an 

appraisal of the property acceptable to the Secretary. 

(2) DISPOSITION OF FUNDS.—Cash consideration received by 

the Secretary under paragraph (1) shall be deposited in the speVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00423 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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cial account in the Treasury established under subsection (b) of 

section 572 of title 40, United States Code, and shall be available in accordance with paragraph (5)(B)(i) of such subsection. 

(c) PAYMENT OF COSTS OF CONVEYANCE.— (1) AUTHORITY TO REQUIRE PAYMENT.—The Secretary may 

require the Commonwealth to cover costs to be incurred by the 

Secretary, or to reimburse the Secretary for costs incurred by 

the Secretary, to carry out the conveyance of the Woodlawn 

Road parcels under subsection (a), including survey costs, costs 

related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected 

from the Commonwealth in advance of the Secretary incurring 

the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the 

Secretary shall refund the excess amount to the Commonwealth. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to the 

fund or account that was used to cover the costs incurred by the 

Secretary in carrying out the conveyance. Amounts so credited 

shall be merged with amounts in such fund or account and 

shall be available for the same purposes, and subject to the 

same conditions and limitations, as amounts in such fund or 

account. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the Woodlawn Road parcels shall be determined by 

surveys satisfactory to the Secretary. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyances under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 

SEC. 2848. LAND CONVEYANCE, ARMY RESERVE CENTER, BOTHELL, 

WASHINGTON. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey to the Snohomish County Fire Protection District #10 (in this 

section referred to as the ‘‘Fire District’’) all right, title, and interest 

of the United States in and to a parcel of real property, including 

any improvements thereon, consisting of approximately one acre at 

the Army Reserve Center in Bothell, Washington, and currently occupied, in part, by the Queensborough Firehouse, for the purpose of 

supporting the provision of fire and emergency medical aid services. 

(b) IN-KIND CONSIDERATION.—As consideration for the conveyance under subsection (a), the Fire District shall provide in-kind 

consideration acceptable to the Secretary. 

(c) REVERSIONARY INTEREST.—If the Secretary determines at 

any time that the real property conveyed under subsection (a) is not 

being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to all or 

any portion of the property shall revert, at the option of the Secretary, to the United States, and the United States shall have the 

right of immediate entry onto the property. Any determination of the 

Secretary under this subsection shall be made on the record after 

an opportunity for a hearing. 

(d) PAYMENT OF COSTS OF CONVEYANCE.—

(1) PAYMENT REQUIRED.—The Secretary shall require the 

Fire District to cover costs to be incurred by the Secretary, or 


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to reimburse the Secretary for costs incurred by the Secretary, 

to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and 

other administrative costs related to the conveyance. If amounts 

are collected from the Fire District in advance of the Secretary 

incurring the actual costs, and the amount collected exceeds the 

costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Fire 

District. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to the 

fund or account that was used to cover the costs incurred by the 

Secretary in carrying out the conveyance. Amounts so credited 

shall be merged with amounts in such fund or account, and 

shall be available for the same purposes, and subject to the 

same conditions and limitations, as amounts in such fund or 

account. 

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Secretary. 

(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 

PART 2—NAVY CONVEYANCES 

SEC. 2851. LAND CONVEYANCE, MARINE CORPS AIR STATION, 

MIRAMAR, SAN DIEGO, CALIFORNIA. 

(a) CONVEYANCE AUTHORIZED.—Subject to subsection (c), the 

Secretary of the Navy may convey to the County of San Diego, California (in this section referred to as the ‘‘County’’), all right, title, 

and interest of the United States in and to a parcel of real property, 

including any improvements thereon and appurtenant easements 

thereto, consisting of approximately 230 acres along the eastern 

boundary of Marine Corps Air Station, Miramar, California, for the 

purpose of removing the property from the boundaries of the installation and permitting the County to preserve the entire property as 

a public passive park/recreational area known as the Stowe Trail. 

(b) CONSIDERATION.—

(1) IN GENERAL.—As consideration for the conveyance 

under subsection (a), the County shall provide the United States 

consideration, whether by cash payment, in-kind consideration, 

or a combination thereof, in an amount that is not less than the 

fair market value of the conveyed real property, as determined 

by the Secretary. 

(2) IN-KIND CONSIDERATION.—The in-kind consideration 

provided by the County under paragraph (1) shall include the 

acquisition, construction, provision, improvement, maintenance, 

repair, or restoration (including environmental restoration), or 

combination thereof, of any facilities or infrastructure relating 

to the security of Marine Corps Air Station, Miramar, that the 

Secretary considers acceptable as consideration under that 

paragraph. 


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398 

(3) RELATION TO OTHER LAWS.—Sections 2662 and 2802 of 

title 10, United States Code, shall not apply to any new facilities or infrastructure received by the United States as in-kind 

consideration under paragraph (2). 

(4) NOTICE TO CONGRESS.—The Secretary shall provide 

written notification to the congressional defense committees of 

the types and value of consideration provided the United States 

under paragraph (1). 

(5) TREATMENT OF CASH CONSIDERATION RECEIVED.—Any 

cash payment received by the United States under paragraph 

(1) shall be deposited in the special account in the Treasury established under subsection (b) of section 572 of title 40, United 

States Code, and shall be available in accordance with paragraph (5)(B)(ii) of such subsection. 

(c) REVERSIONARY INTEREST.—If the Secretary determines at 

any time that the County is not using the property conveyed under 

subsection (a) in accordance with the purpose of the conveyance 

specified in such subsection, all right, title, and interest in and to 

the property, including any improvements thereon, shall revert, at 

the option of the Secretary, to the United States, and the United 

States shall have the right of immediate entry onto the property. 

Any determination of the Secretary under this subsection shall be 

made on the record after an opportunity for a hearing. 

(d) RELEASE OF REVERSIONARY INTEREST.—The Secretary shall 

release, without consideration, the reversionary interest retained by 

the United States under subsection (c) if— (1) Marine Corps Air Station, Miramar, is no longer being 

used for Department of Defense activities; or 

(2) the Secretary determines that the reversionary interest 

is otherwise unnecessary to protect the interests of the United 

States. 

(e) PAYMENT OF COSTS OF CONVEYANCE.—

(1) PAYMENT REQUIRED.—The Secretary shall require the 

County to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry 

out the conveyance under subsection (a) and implement the receipt of in-kind consideration under subsection (b), including 

appraisal costs, survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance and receipt of in-kind consideration. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Section 2695(c) of 

title 10, United States Code, shall apply to any amounts received by the Secretary under paragraph (1). If amounts are received from the County in advance of the Secretary incurring 

the actual costs, and the amount received exceeds the costs actually incurred by the Secretary under this section, the Secretary 

shall refund the excess amount to the County. 

(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal description of the real property to be conveyed by the Secretary under 

subsection (a) shall be determined by a survey satisfactory to the 

Secretary. 

(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyance under this section as the Secretary considers appropriate 

to protect the interests of the United States. 


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SEC. 2852. LEASE OR LICENSE OF UNITED STATES NAVY MUSEUM FACILITIES AT WASHINGTON NAVY YARD, DISTRICT OF COLUMBIA. 

(a) LEASES AND LICENSES AUTHORIZED.—The Secretary of the 

Navy may lease or license to the Naval Historical Foundation any 

portion of the facilities located at the Washington Naval Yard, District of Columbia, that house the United States Navy Museum for 

the purpose of permitting the Foundation to carry out the following 

activities: 

(1) Generation of revenue for the United States Navy Museum through the rental of facilities to the public, commercial 

and non-profit entities, State and local governments, and other 

Federal agencies. 

(2) Performance of administrative activities in support of 

the United States Navy Museum. 

(b) LIMITATION.—Activities carried out at a facility subject to a 

lease or license under subsection (a) must be consistent with the operations of the United States Navy Museum. 

(c) CONSIDERATION.—The amount of consideration paid in a 

year by the Naval Historical Foundation to the United States for the 

lease or license of facilities under subsection (a) may not exceed the 

actual cost, as determined by the Secretary, of the annual operation 

and maintenance of the facilities. 

(d) DEPOSIT AND USE OF PROCEEDS.—Consideration paid under 

subsection (c) shall be deposited into the appropriations account 

available for the operation and maintenance of the United States 

Navy Museum. The Secretary may use the amounts so deposited to 

cover costs associated with the operation and maintenance of the 

Museum and its exhibits. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with a 

lease or license under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 

PART 3—AIR FORCE CONVEYANCES 

SEC. 2861. PURCHASE OF BUILD-TO-LEASE FAMILY HOUSING, EIELSON 

AIR FORCE BASE, ALASKA. 

(a) CONDITIONAL AUTHORITY TO PURCHASE.—After the expiration of the contract for the lease of the military family housing 

project at Eielson Air Force Base, Alaska, that was constructed 

under the authority of former subsection (g) of section 2828 of title 

10, United States Code (now section 2835 of such title), as added 

by section 801 of the Military Construction Authorization Act, 1984 

(Public Law 98–115; 97 Stat. 782), the Secretary of the Air Force 

may purchase the entire interest of the lessor in the project if the 

Secretary determines that the purchase of the project is in the best 

economic interests of the Air Force. 

(b) CONSIDERATION.—The consideration paid by the Secretary 

to purchase the interest of the lessor under subsection (a) may not 

exceed the fair market value of the military family housing project, 

as determined by the Secretary. 

(c) CONGRESSIONAL NOTIFICATION.—If a decision is made to 

purchase the interest of the lessor in the military family housing 


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400 

project under subsection (a), the Secretary shall submit a report to 

the congressional defense committees containing— (1) notice of the decision; 

(2) the economic analyses used by the Secretary to determine that purchase of the project is in the best economic interests of the Air Force, as required by subsection (a); and 

(3) a schedule for, and an estimate of the costs and nature 

of, any renovations or repairs that will be necessary to ensure 

that all units in the project meet current adequate housing 

standards. 

(d) PURCHASE DELAY.—A contract to effectuate the purchase of 

the military family housing project under subsection (a) may be entered into by the Secretary only after— (1) the contract for the lease of the project expires; and 

(2) the report required by subsection (c) is submitted and a 

30-day period beginning on the date the report is received by 

the congressional defense committees expires or, if earlier, a 21- 

day period beginning on the date on which a copy of the report 

is provided in an electronic medium pursuant to section 480 of 

title 10, United States Code, expires. 

SEC. 2862. LAND CONVEYANCE, AIR FORCE PROPERTY, JACKSONVILLE, 

ARKANSAS. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 

may convey to the City of Jacksonville, Arkansas (in this section referred to as the ‘‘City’’), all right, title, and interest of the United 

States in and to real property consisting of approximately 45.024 

acres around an existing short line railroad in Pulaski County, Arkansas, for the purpose of permitting the City to facilitate railroad 

access to an industrial park to further community economic development. 

(b) CONSIDERATION.—As consideration for the conveyance under 

subsection (a), the City shall pay to the United States an amount 

equal to the fair market value of the conveyed real property, as established by the assessment of the property conducted under contract for the Corps of Engineers and dated September 15, 2003. 

(c) CONDITIONS OF CONVEYANCE.—The conveyance under subsection (a) shall be subject to the lease agreement dated October 29, 

1982, as amended, between the Secretary and the Missouri Pacific 

Railroad Company (and its successors and assigns) and any other 

easement, lease, condition, or restriction of record, including streets, 

roads, highways, railroads, pipelines, and public utilities, insofar as 

the easement, lease, condition, or restriction is in existence on the 

date of the enactment of this Act and lawfully affects the conveyed 

property. 

(d) PAYMENT OF COSTS OF CONVEYANCE.—

(1) PAYMENT REQUIRED.—The Secretary shall require the 

City to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry 

out the conveyance under subsection (a), including survey costs, 

costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected from the City in advance of the Secretary incurring the 

actual costs, and the amount collected exceeds the costs actually 

incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the City. 


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(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to the 

fund or account that was used to cover the costs incurred by the 

Secretary in carrying out the conveyance. Amounts so credited 

shall be merged with amounts in such fund or account, and 

shall be available for the same purposes, and subject to the 

same conditions and limitations, as amounts in such fund or 

account. 

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Secretary. 

(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 

SEC. 2863. LAND CONVEYANCE, AIR FORCE PROPERTY, LA JUNTA, COLORADO. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 

may convey, without consideration, to the City of La Junta, Colorado (in this section referred to as the ‘‘City’’), all right, title, and 

interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 8 acres 

located at the USA Bomb Plot in the La Junta Industrial Park for 

the purpose of training local law enforcement officers. 

(b) PAYMENT OF COSTS OF CONVEYANCE.—

(1) PAYMENT REQUIRED.—The Secretary shall require the 

City to cover costs to be incurred by the Secretary after the date 

of enactment of the Act, or to reimburse the Secretary for costs 

incurred by the Secretary after that date, to carry out the conveyance under subsection (a), including any survey costs, costs 

related to environmental assessments, studies, analyses, or 

other documentation, and other administrative costs related to 

the conveyance. If amounts are collected from the City in advance of the Secretary incurring the actual costs, and the 

amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund 

the excess amount to the City. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to the 

fund or account that was used to cover the costs incurred by the 

Secretary in carrying out the conveyance. Amounts so credited 

shall be merged with amounts in such fund or account, and 

shall be available for the same purposes, and subject to the 

same conditions and limitations, as amounts in such fund or 

account. 

(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the property to be conveyed under subsection (a) shall 

be determined by a survey satisfactory to the Secretary. 

(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 


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SEC. 2864. LEASE, NATIONAL IMAGERY AND MAPPING AGENCY SITE, 

ST. LOUIS, MISSOURI. 

(a) LEASE REQUIRED.—Not later than February 28, 2006, the 

Secretary of the Air Force shall lease to the St. Louis County Port 

Authority of St. Louis County, Missouri (in this section referred to 

as the ‘‘Port District’’), a parcel of real property, including improvements thereon, consisting of approximately 39 acres and known as 

the National Imagery and Mapping Agency site at 8900 South 

Broadway, St. Louis, Missouri, for the purpose of permitting the 

Port District to use the parcel for economic development purposes. 

The Secretary shall carry out this section in consultation with the 

Administrator of the General Services Administration. 

(b) RENTAL PRICE.—The real property to be leased under subsection (a) shall be leased at a rate equal to not less than the fair 

market value of the property. 

(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be leased under subsection (a) 

shall be determined by a survey satisfactory to the Secretary of the 

Air Force and the Port District. 

(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

lease under subsection (a) as the Secretary considers appropriate to 

protect the interests of the United States. 

Subtitle E—Other Matters 

SEC. 2871. CLARIFICATION OF MORATORIUM ON CERTAIN IMPROVEMENTS AT FORT BUCHANAN, PUERTO RICO. 

(a) CLARIFICATION OF AND EXCEPTIONS TO MORATORIUM.—Section 1507 of the Floyd D. Spence National Defense Authorization 

Act for Fiscal Year 2001 (as enacted into law by Public Law 106–

398; 114 Stat. 1654A–355) is amended—

(1) in subsection (a), by striking ‘‘conversion, rehabilitation, 

extension, or improvement’’ and inserting ‘‘or extension’’; and 

(2) in subsection (b)—

(A) in paragraph (1), by inserting ‘‘, repair, replace, or 

convert’’ after ‘‘maintain’’; 

(B) in paragraph (2), by striking ‘‘authorized before the 

date of the enactment of this Act’’; and 

(C) by adding at the end the following new paragraphs: 

‘‘(3) The construction of facilities supporting Department of 

Defense education activities. 

‘‘(4) Any construction or extension required to support the 

installation of communications equipment.’’. 

(b) RULE OF CONSTRUCTION.—The amendments made by subsection (a) do not trigger the termination of the moratorium on certain improvements at Fort Buchanan, Puerto Rico, as provided by 

subsection (c) of such section. 

SEC. 2872. TRANSFER OF EXCESS DEPARTMENT OF DEFENSE PROPERTY ON SANTA ROSA AND OKALOOSA ISLAND, FLORIDA, 

TO GULF ISLANDS NATIONAL SEASHORE. 

(a) FINDINGS.—Congress finds the following: 


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(1) Public Law 91–660 of the 91st Congress established the 

Gulf Islands National Seashore in the States of Florida and 

Mississippi. 

(2) The original boundaries of the Gulf Islands National 

Seashore encompassed certain Federal land used by the Air 

Force and the Navy, and the use of such land was still required 

by the Armed Forces when the seashore was established. 

(3) Senate Report 91–1514 of the 91th Congress addressed 

the relationship between these military lands and the Gulf Islands National Seashore as follows: ‘‘While the military use of 

these lands is presently required, they remain virtually free of 

adverse development and they are included in the boundaries of 

the seashore so that they can be wholly or partially transferred 

to the Department of the Interior when they become excess to the 

needs of the Air Force.’’. (4) Although section 2(a) of Public Law 91–660 (16 U.S.C. 

459h–1(a)) authorized the eventual transfer of Federal land 

within the boundaries of the Gulf Islands National Seashore 

from the Department of Defense to the Secretary of the Interior, 

an amendment mandating the transfer of excess Department of 

Defense land on Santa Rosa and Okaloosa Island, Florida, to 

the Secretary of the Interior is required to ensure that the purposes of the Gulf Islands National Seashore are fulfilled. 

(b) TRANSFER REQUIRED.—Section 7 of Public Law 91–660 (16 

U.S.C. 459h–6) is amended— (1) by inserting ‘‘(a)’’ before ‘‘There are’’; and 

(2) by adding at the end the following new subsection: ‘‘(b) If any of the Federal land on Santa Rosa or Okaloosa Island, Florida, under the jurisdiction of the Department of Defense 

is ever excess to the needs of the Armed Forces, the Secretary of Defense shall transfer the excess land to the administrative jurisdiction of the Secretary of the Interior, subject to the terms and conditions acceptable to the Secretary of the Interior and the Secretary of 

Defense. The Secretary of the Interior shall administer the transferred land as part of the seashore in accordance with the provisions 

of this Act.’’. 

SEC. 2873. AUTHORIZED MILITARY USES OF PAPAGO PARK MILITARY 

RESERVATION, PHOENIX, ARIZONA. 

The Act of April 7, 1930 (Chapter 107; 46 Stat. 142), is amended in the first designated paragraph, relating to the Papago Park 

Military Reservation, by striking ‘‘as a rifle range’’. 

SEC. 2874. ASSESSMENT OF WATER NEEDS FOR PRESIDIO OF MONTEREY AND ORD MILITARY COMMUNITY. 

Not later than April 7, 2006, the Secretary of Defense shall submit to Congress an interim assessment of the current and reasonable future needs of the Department of the Defense for water for the 

Presidio of Monterey and the Ord Military Community. 

SEC. 2875. REDESIGNATION OF MCENTIRE AIR NATIONAL GUARD STATION, SOUTH CAROLINA, AS MCENTIRE JOINT NATIONAL 

GUARD BASE. 

McEntire Air National Guard Station in Eastover, South Carolina, shall be known and designated as ‘‘McEntire Joint National 

Guard Base’’ in recognition of the use of the installation to house 

both Air National Guard and Army National Guard assets. Any reference to McEntire Air National Guard Station in any law, regulaVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00431 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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tion, map, document, record, or other paper of the United States 

shall be considered to be a reference to McEntire Joint National 

Guard Base. 

SEC. 2876. SENSE OF CONGRESS REGARDING COMMUNITY IMPACT ASSISTANCE RELATED TO CONSTRUCTION OF NAVY LANDING FIELD, NORTH CAROLINA. 

It is the sense of Congress that—

(1) the planned construction of an outlying landing field in 

North Carolina is vital to the national security interests of the 

United States; and 

(2) the Department of Defense should work with other Federal agencies to provide community impact assistance to those 

communities directly impacted by the location of the outlying 

landing field, including, to the extent appropriate—

(A) economic development assistance; 

(B) impact aid program assistance; 

(C) the provision by cooperative agreement with the 

Navy of fire, rescue, water, and sewer services; 

(D) access by leasing arrangement to appropriate land 

for farming for farmers impacted by the location of the 

landing field; 

(E) direct relocation assistance; and 

(F) fair compensation to landowners for property purchased by the Navy. 

SEC. 2877. SENSE OF CONGRESS ON ESTABLISHMENT OF BAKERS 

CREEK MEMORIAL. 

(a) FINDINGS.—Congress makes the following findings: 

(1) In 1943 and 1944, the United States Armed Forces operated a rest and relaxation facility in Mackay, Queensland, Australia, for troops serving in the Pacific Theater during World 

War II. 

(2) On June 14, 1943, a Boeing B–17C was transporting 6 

crew members and 35 servicemen from Mackay to Port Moresby, 

New Guinea, to return the servicemen to duty after 10 days of 

rest and relaxation leave at an Army/Red Cross facility. 

(3) The aircraft crashed shortly after take-off at Bakers 

Creek, Australia, killing all 6 crew members and 34 of the 35 

servicemen being transported in what was at that point the 

worst crash in American air transport history, and what remains the worst air disaster in Australian history. 

(4) Due to wartime censorship rules related to the movement of troops, the tragic crash and loss of life were not reported to the Australian or United States public. 

(5) Many family members of those killed did not learn the 

circumstances of the troops deaths until they were contacted by 

the Bakers Creek Memorial Foundation beginning in 1992. 

(6) As of May 2005, the Bakers Creek Memorial Foundation 

had contacted 36 of the 40 families that lost loved ones in the 

tragic crash, and was continuing efforts to locate the remaining 

four families to inform them of the true events of the crash at 

Bakers Creek. 

(7) The Australian people marked the tragic crash at 

Bakers Creek with a memorial established in 1992, but no similar memorial has been established in the United States. 


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(b) SENSE OF CONGRESS.—It is the sense of Congress that the 

Secretary of the Army may establish an appropriate marker, at a 

site to be chosen at the discretion of the Secretary, to commemorate 

the 40 members of the United States Armed Forces who lost their 

lives in the air crash at Bakers Creek, Australia, on June 14, 1943. 

DIVISION C—DEPARTMENT OF ENERGY 

NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY 

NATIONAL SECURITY PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Defense nuclear waste disposal. 

Subtitle B—Other Matters 

Sec. 3111. Reliable Replacement Warhead program. 

Sec. 3112. Rocky Flats Environmental Technology Site. 

Sec. 3113. Report on compliance with Design Basis Threat issued by Department of 

Energy in 2005. 

Sec. 3114. Reports associated with Waste Treatment and Immobilization Plant 

Project, Hanford Site, Richland, Washington. 

Sec. 3115. Report on assistance for a comprehensive inventory of Russian nonstrategic nuclear weapons. 

Sec. 3116. Report on international border security programs. 

Sec. 3117. Savannah River National Laboratory. 

Subtitle A—National Security Programs 

Authorizations 

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated to the Department of Energy for fiscal 

year 2006 for the activities of the National Nuclear Security Administration in carrying out programs necessary for national security in 

the amount of $9,196,456 to be allocated as follows: 

(1) For weapons activities, $6,433,936,000. 

(2) For defense nuclear nonproliferation activities, 

$1,631,151,000. 

(3) For naval reactors, $789,500,000. 

(4) For the Office of the Administrator for Nuclear Security, 

$341,869,000. 

(b) AUTHORIZATION OF NEW PLANT PROJECTS.—From funds referred to in subsection (a) that are available for carrying out plant 

projects, the Secretary of Energy may carry out new plant projects 

for the National Nuclear Security Administration as follows: 

(1) For readiness in technical base and facilities, the following new plant projects: 


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Project 06–D–140, Readiness in Technical Base 

and Facilities Program, project engineering and design, various locations, $14,113,000. 

Project 06–D–402, replacement of Fire Stations 

Number 1 and Number 2, Nevada Test Site, Nevada, 

$8,284,000. 

Project 06–D–403, tritium facility modernization, 

Lawrence Livermore National Laboratory, Livermore, 

California, $2,600,000. 

Project 06–D–404, remediation, restoration, and 

upgrade of Building B–3, Nevada Test Site, Nevada, 

$16,000,000. 

(2) For facilities and infrastructure recapitalization, the following new plant projects: 

Project 06–D–160, Facilities and Infrastructure Recapitalization Program, project engineering and design, various locations, $5,811,000. 

Project 06–D–601, electrical distribution system 

upgrade, Pantex Plant, Amarillo, Texas, $4,000,000. 

Project 06–D–602, gas main and distribution system upgrade, Pantex Plant, Amarillo, Texas, 

$3,700,000. 

Project 06–D–603, Steam Plant Life Extension 

Project, Y–12 National Security Complex, Oak Ridge, 

Tennessee, $729,000. 

(3) For defense nuclear nonproliferation, the following new 

plant project: 

Project 06–D–180, Defense Nuclear Nonproliferation, project engineering and design, National Security 

Laboratory, Pacific Northwest National Laboratory, 

Richland, Washington, $13,000,000. 

(4) For naval reactors, the following plant projects: 

Project 06–D–901, Central Office Building 2, Bettis 

Atomic Power Laboratory, West Mifflin, Pennsylvania, 

$7,000,000. 

Project 05–D–900, Materials Development Facility 

Building, Schenectady, New York, $9,900,000, of which 

$1,000,000 shall be available for project engineering 

and design. 

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated to the Department of Energy for fiscal 

year 2006 for defense environmental cleanup activities in carrying 

out programs necessary for national security in the amount of 

$6,192,371,000. 

(b) AUTHORIZATION OF NEW PLANT PROJECT.—From funds referred to in subsection (a) that are available for carrying out plant 

projects, the Secretary of Energy may carry out, for defense environmental cleanup activities, the following new plant project: 

Project 06–D–401, sodium bearing waste treatment 

project, Idaho National Laboratory, Idaho Falls, Idaho, 

$54,270,000. 


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SEC. 3103. OTHER DEFENSE ACTIVITIES. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2006 for other defense activities in 

carrying out programs necessary for national security in the amount 

of $641,998,000. 

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2006 for defense nuclear waste disposal for payment to the Nuclear Waste Fund established in section 

302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) 

in the amount of $350,000,000. 

Subtitle B—Other Matters 

SEC. 3111. RELIABLE REPLACEMENT WARHEAD PROGRAM. 

(a) PROGRAM REQUIRED.—The Atomic Energy Defense Act (division D of Public Law 107–314) is amended by inserting after section 

4204 (50 U.S.C. 2524) the following new section: 

‘‘SEC. 4204a. RELIABLE REPLACEMENT WARHEAD PROGRAM. 

‘‘(a) PROGRAM REQUIRED.—The Secretary of Energy shall carry 

out a program, to be known as the Reliable Replacement Warhead 

program, which will have the following objectives: 

‘‘(1) To increase the reliability, safety, and security of the 

United States nuclear weapons stockpile. 

‘‘(2) To further reduce the likelihood of the resumption of 

underground nuclear weapons testing. 

‘‘(3) To remain consistent with basic design parameters by 

including, to the maximum extent feasible and consistent with 

the objective specified in paragraph (2), components that are 

well understood or are certifiable without the need to resume 

underground nuclear weapons testing. 

‘‘(4) To ensure that the nuclear weapons infrastructure can 

respond to unforeseen problems, to include the ability to 

produce replacement warheads that are safer to manufacture, 

more cost-effective to produce, and less costly to maintain than 

existing warheads. 

‘‘(5) To achieve reductions in the future size of the nuclear 

weapons stockpile based on increased reliability of the reliable 

replacement warheads. 

‘‘(6) To use the design, certification, and production expertise resident in the nuclear complex to develop reliable replacement components to fulfill current mission requirements of the 

existing stockpile. 

‘‘(7) To serve as a complement to, and potentially a more 

cost-effective and reliable long-term replacement for, the current 

Stockpile Life Extension Programs. 

‘‘(b) CONSULTATION.—The Secretary of Energy shall carry out 

the Reliable Replacement Warhead program in consultation with 

the Secretary of Defense.’’. 

(b) REPORT.—Not later than March 1, 2007, the Secretary of 

Energy and the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility and implementation of the Reliable Replacement Warhead program required by 


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section 4204a of the Atomic Energy Defense Act, as added by subsection (a). The report shall— (1) identify existing warheads recommended for replacement by 2035 with an assessment of the weapon performance 

and safety characteristics of the replacement warheads; 

(2) discuss the relationship of the Reliable Replacement 

Warhead program within the Stockpile Stewardship Program 

and its impact on the current Stockpile Life Extension Programs; 

(3) provide an assessment of the extent to which a successful Reliable Replacement Warhead program could lead to reductions in the nuclear weapons stockpile; 

(4) discuss the criteria by which replacement warheads 

under the Reliable Replacement Warhead program will be designed to maximize the likelihood of not requiring nuclear testing, as well as the circumstances that could lead to a resumption of testing; 

(5) provide a description of the infrastructure, including pit 

production capabilities, required to support the Reliable Replacement Warhead program; 

(6) provide a detailed summary of how the funds made 

available pursuant to the authorizations of appropriations in 

this Act, and any funds made available in prior years, will be 

used; and 

(7) provide an estimate of the comparative costs of a reliable replacement warhead and the stockpile life extension for 

the warheads identified in paragraph (1). 

(c) INTERIM REPORT.—Not later than March 1, 2006, the Secretary of Energy and the Secretary of Defense shall submit to the 

congressional defense committees an interim report on the matters 

required to be covered by the report under subsection (b). 

(d) CONSULTATION.—The Secretary of Energy and the Secretary 

of Defense shall prepare the reports required by subsections (b) and 

(c) in consultation with the Nuclear Weapons Council. 

SEC. 3112. ROCKY FLATS ENVIRONMENTAL TECHNOLOGY SITE. 

(a) DEFINITIONS.—In this section: 

(1) ESSENTIAL MINERAL RIGHT.—The term ‘‘essential mineral right’’ means a right to mine sand and gravel at Rocky 

Flats, as depicted on the map. 

(2) FAIR MARKET VALUE.—The term ‘‘fair market value’’ means the value of an essential mineral right, as determined by 

an appraisal performed by an independent, certified mineral 

appraiser under the Uniform Standards of Professional Appraisal Practice. 

(3) MAP.—The term ‘‘map’’ means the map entitled ‘‘Rocky 

Flats National Wildlife Refuge’’, dated July 25, 2005, and 

available for inspection in appropriate offices of the United 

States Fish and Wildlife Service and the Department of Energy. 

(4) NATURAL RESOURCE DAMAGE LIABILITY CLAIM.—The 

term ‘‘natural resource damage liability claim’’ means a natural 

resource damage liability claim under subsections (a)(4)(C) and 

(f) of section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 

9607) arising from hazardous substances releases at or from 

Rocky Flats that, as of the date of enactment of this Act, are 


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identified in the administrative record for Rocky Flats required 

by the National Oil and Hazardous Substances Pollution Contingency Plan prepared under section 105 of that Act (42 U.S.C. 

9605). 

(5) ROCKY FLATS.—The term ‘‘Rocky Flats’’ means the Department of Energy facility in the State of Colorado known as 

the ‘‘Rocky Flats Environmental Technology Site’’. 

(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Energy. 

(7) TRUSTEES.—The term ‘‘Trustees’’ means the Federal and 

State officials designated as trustees under section 107(f)(2) of 

the Comprehensive Environmental Response, Compensation, 

and Liability Act of 1980 (42 U.S.C. 9607(f)(2)). 

(b) PURCHASE OF ESSENTIAL MINERAL RIGHTS.—

(1) IN GENERAL.—Not later than one year after the date of 

enactment of this Act, such amounts authorized to be appropriated under subsection (c) shall be available to the Secretary 

to purchase essential mineral rights at Rocky Flats. 

(2) CONDITIONS.—The Secretary shall not purchase an essential mineral right under paragraph (1) unless—

(A) the owner of the essential mineral right is a willing 

seller; and 

(B) the Secretary purchases the essential mineral right 

for an amount that does not exceed fair market value. 

(3) LIMITATION.—Only those funds authorized to be appropriated under subsection (c) shall be available for the Secretary 

to purchase essential mineral rights under paragraph (1). 

(4) RELEASE FROM LIABILITY.—A natural resource damage 

liability claim under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 

U.S.C. 9607) shall be considered to be satisfied by—

(A) the purchase by the Secretary of essential mineral 

rights under paragraph (1) for consideration in an amount 

equal to $10,000,000; 

(B) the payment by the Secretary to the Trustees of 

$10,000,000; or 

(C) the purchase by the Secretary of any portion of the 

mineral rights under paragraph (1) for—

(i) consideration in an amount less than 

$10,000,000; and 

(ii) a payment by the Secretary to the Trustees of 

an amount equal to the difference between—

(I) $10,000,000; and 

(II) the amount paid under clause (i). 

(5) USE OF FUNDS.—

(A) IN GENERAL.—Any amounts received under paragraph (4) shall be used by the Trustees for the purposes described in section 107(f)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 

(42 U.S.C. 9607(f)(1)), including—

(i) the purchase of additional mineral rights at 

Rocky Flats; and 

(ii) the development of habitat restoration projects 

at Rocky Flats. 


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(B) CONDITION.—Any expenditure of funds under this 

paragraph shall be made jointly by the Trustees. 

(C) ADDITIONAL FUNDS.—The Trustees may use the 

funds received under paragraph (4) in conjunction with 

other private and public funds. 

(6) EXEMPTION FROM NATIONAL ENVIRONMENTAL POLICY

ACT.—Any purchases of mineral rights under this subsection 

shall be exempt from the National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.). 

(7) ROCKY FLATS NATIONAL WILDLIFE REFUGE.— (A) TRANSFER OF MANAGEMENT RESPONSIBILITIES.— The Rocky Flats National Wildlife Refuge Act of 2001 (16 

U.S.C. 668dd note; Public Law 107–107) is amended— (i) in section 3175— (I) by striking subsections (b) and (f); and 

(II) by redesignating subsections (c), (d), and 

(e) as subsections (b), (c), and (d), respectively; and 

(ii) in section 3176(a)(1), by striking ‘‘section 

3175(d)’’ and inserting ‘‘section 3175(c)’’. (B) BOUNDARIES.—Section 3177 of such Act is amended by striking subsection (c) and inserting the following 

new subsection: 

‘‘(c) COMPOSITION.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the 

refuge shall consist of land within the boundaries of Rocky 

Flats, as depicted on the map— ‘‘(A) entitled ‘Rocky Flats National Wildlife Refuge’; ‘‘(B) dated July 25, 2005; and 

‘‘(C) available for inspection in the appropriate offices 

of the United States Fish and Wildlife Service and the Department of Energy. 

‘‘(2) EXCLUSIONS.—The refuge does not include—

‘‘(A) any land retained by the Department of Energy for 

response actions under section 3175(c); ‘‘(B) any land depicted on the map described in paragraph (1) that is subject to one or more essential mineral 

rights described in section 3112(a) of the National Defense 

Authorization Act for Fiscal Year 2006 over which the Secretary shall retain jurisdiction of the surface estate until 

the essential mineral rights— ‘‘(i) are purchased under subsection (b) of such section; or ‘‘(ii) are mined and reclaimed by the mineral 

rights holders in accordance with requirements established by the State of Colorado; and 

‘‘(C) the land depicted on the map described in paragraph (1) on which essential mineral rights are being actively mined as of the date of enactment of the National Defense Authorization Act for Fiscal Year 2006 until— ‘‘(i) the essential mineral rights are purchased; or 

‘‘(ii) the surface estate is reclaimed by the mineral 

rights holder in accordance with requirements established by the State of Colorado. 

‘‘(3) ACQUISITION OF ADDITIONAL LAND.—Notwithstanding 

paragraph (2), upon the purchase of the mineral rights or recVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00438 Fmt 6659 Sfmt 6603 E:\HR\OC\HR360.XXX HR360

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lamation of the land depicted on the map described in paragraph (1), the Secretary shall—

‘‘(A) transfer the land to the Secretary of the Interior 

for inclusion in the refuge; and 

‘‘(B) the Secretary of the Interior shall—

‘‘(i) accept the transfer of the land; and 

‘‘(ii) manage the land as part of the refuge.’’. 

(c) FUNDING.—Of the amounts authorized to be appropriated to 

the Secretary for the Rocky Flats Environmental Technology Site for 

fiscal year 2006, $10,000,000 may be made available to the Secretary for the purposes described in subsection (b). 

SEC. 3113. REPORT ON COMPLIANCE WITH DESIGN BASIS THREAT 

ISSUED BY DEPARTMENT OF ENERGY IN 2005. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Energy shall submit 

to the congressional defense committees a report detailing plans for 

achieving compliance under the Design Basis Threat issued by the 

Department of Energy in November 2005 (in this section referred to 

as the ‘‘2005 Design Basis Threat’’). 

(b) CONTENT.—The report required under subsection (a) shall 

include the following: 

(1) A plan with associated annual funding requirements to 

achieve compliance under the 2005 Design Basis Threat by December 31, 2008, and sustain such compliance through the Future Years Nuclear Security Plan, of all Department of Energy 

and National Nuclear Security Administration sites that contain nuclear weapons or special nuclear material. 

(2) A risk and cost analysis of the increase in security requirements from the Design Basis Threat issued by the Department of Energy in May 2003 to the 2005 Design Basis Threat. 

(3) An evaluation of options for applying security technologies and innovative protective force deployment to increase 

the efficiency and effectiveness of efforts to protect against the 

threats postulated in the 2005 Design Basis Threat. 

(c) FORM.—The report required under subsection (a) shall be 

submitted in classified form with an unclassified summary. 

(d) COMPTROLLER GENERAL REVIEW.—Not later than one year 

after the date of the enactment of this Act, the Comptroller General 

shall submit to the congressional defense committees a report containing a review of the plan required by subsection (b)(1). In conducting the review, the Comptroller General shall employ probalistic 

risk assessment methodology to access the merits of incremental risk 

mitigation steps proposed by the Department of Energy. 

SEC. 3114. REPORTS ASSOCIATED WITH WASTE TREATMENT AND IMMOBILIZATION PLANT PROJECT, HANFORD SITE, RICHLAND, WASHINGTON. 

(a) SUBMISSION OF ARMY CORPS OF ENGINEERS REPORTS.—Not 

later than 10 days after the date on which the Secretary of Energy 

receives any report from the Army Corps of Engineers documenting 

any evaluation or validation of costs, schedule, and technical issues 

associated with the Waste Treatment and Immobilization Plant 

Project at the Department of Energy Hanford Site, the Secretary 

shall submit a copy of the report to the congressional defense committees. 


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(b) INCLUSION OF SPECIFIC REPORTS.—The requirement to submit reports under this section includes the anticipated reports from 

the Army Corps of Engineers—

(1) documenting the cost validation of the estimated cost to 

complete the project based on both constrained and unconstrained funding scenarios; and 

(2) evaluating the baseline ground motion criteria. 

SEC. 3115. REPORT ON ASSISTANCE FOR A COMPREHENSIVE INVENTORY OF RUSSIAN NONSTRATEGIC NUCLEAR WEAPONS. 

(a) FINDINGS.—Congress finds that—

(1) there is an insufficient accounting for, and insufficient 

security of, the nonstrategic nuclear weapons of the Russian 

Federation; and 

(2) because of the dangers posed by that insufficient accounting and security, it is in the national security interest of 

the United States to assist the Russian Federation in the conduct of a comprehensive inventory of its nonstrategic nuclear 

weapons. 

(b) REPORT.—

(1) REPORT REQUIRED.—Not later than April 15, 2006, the 

Secretary of Energy shall submit to Congress a report containing—

(A) the Secretary’s evaluation of past and current efforts by the United States to encourage or facilitate a proper accounting for and securing of the nonstrategic nuclear 

weapons of the Russian Federation; and 

(B) the Secretary’s recommendations regarding the actions by the United States that are most likely to lead to 

progress in improving the accounting for, and securing of, 

those weapons. 

(2) CONSULTATION WITH SECRETARY OF DEFENSE.—The report under paragraph (1) shall be prepared in consultation with 

the Secretary of Defense. 

(3) CLASSIFICATION OF REPORT.—The report under paragraph (1) shall be in unclassified form, but may be accompanied by a classified annex. 

SEC. 3116. REPORT ON INTERNATIONAL BORDER SECURITY PROGRAMS. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Energy shall submit 

to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report 

on the management by the Secretaries referred to in subsection (c) 

of border security programs in the countries of the former Soviet 

Union and other countries. 

(b) CONTENT.—The report required under subsection (a) shall 

include—

(1) a description of the roles and responsibilities of each department and agency of the United States Government in international border security programs; 

(2) a description of the interactions and coordination 

among departments and agencies of the United States Government that are conducting international border security programs; 


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(3) a description of the mechanisms and processes that exist 

to ensure coordination, avoid duplication, and provide a means 

to resolve conflicts or problems that might arise in the implementation of international border security programs; 

(4) a discussion of whether there is existing interagency 

guidance that addresses the roles, interactions, and dispute resolution mechanisms for departments and agencies of the United 

States Government that are conducting international border security programs, and the adequacy of such guidance if it exists; 

and 

(5) recommendations to improve the coordination and effectiveness of international border security programs. 

(c) CONSULTATION.—The Secretary of Energy shall prepare the 

report required by subsection (a) in consultation with the Secretary 

of Defense, the Secretary of State, and, as appropriate, the Secretary 

of Homeland Security. 

SEC. 3117. SAVANNAH RIVER NATIONAL LABORATORY. 

The Savannah River National Laboratory shall be a participating laboratory in the Department of Energy laboratory directed 

research and development program. 

TITLE XXXII—DEFENSE NUCLEAR 

FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

SEC. 3201. AUTHORIZATION. 

There are authorized to be appropriated for fiscal year 2006, 

$22,032,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 

U.S.C. 2286 et seq.). 

TITLE XXXIII—NATIONAL DEFENSE 

STOCKPILE 

Sec. 3301. Authorized uses of National Defense Stockpile funds. 

Sec. 3302. Revisions to required receipt objectives for previously authorized disposals 

from National Defense Stockpile. 

Sec. 3303. Authorization for disposal of tungsten ores and concentrates. 

Sec. 3304. Disposal of ferromanganese. 

SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE 

FUNDS. 

(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 

2006, the National Defense Stockpile Manager may obligate up to 

$52,132,000 of the funds in the National Defense Stockpile Transaction Fund established under subsection (a) of section 9 of the 

Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) 

for the authorized uses of such funds under subsection (b)(2) of such 

section, including the disposal of hazardous materials that are environmentally sensitive. 

(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile 

Manager may obligate amounts in excess of the amount specified in 

subsection (a) if the National Defense Stockpile Manager notifies 

Congress that extraordinary or emergency conditions necessitate the 


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additional obligations. The National Defense Stockpile Manager 

may make the additional obligations described in the notification 

after the end of the 45-day period beginning on the date on which 

Congress receives the notification. 

(c) LIMITATIONS.—The authorities provided by this section shall 

be subject to such limitations as may be provided in appropriations 

Acts. 

SEC. 3302. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR PREVIOUSLY AUTHORIZED DISPOSALS FROM NATIONAL DEFENSE STOCKPILE. 

(a) DISPOSAL AUTHORITY.—Section 3303(a) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 

(Public Law 105–261; 50 U.S.C. 98d note), as amended by section 

3302 of the Ronald W. Reagan National Defense Authorization Act 

for Year 2005 (Public Law 108–375; 118 Stat. 2193), is amended—

(1) by striking ‘‘and’’ at the end of paragraph (4); and 

(2) by striking paragraph (5) and inserting the following 

new paragraphs: 

‘‘(5) $900,000,000 by the end of fiscal year 2010; and 

‘‘(6) $1,000,000,000 by the end of fiscal year 2013.’’. 

(b) ADDITIONAL DISPOSAL AUTHORITY.—Section 3402(b) of the 

National Defense Authorization Act for Fiscal Year 2000 (Public 

Law 106–65; 50 U.S.C. 98d note), as amended by section 3302 of 

the National Defense Authorization Act for Fiscal Year 2004 (Public 

Law 108–136; 117 Stat. 1788), is amended—

(1) by striking ‘‘and’’ at the end of paragraph (3); and 

(2) by striking paragraph (4) and inserting the following 

new paragraphs: 

‘‘(4) $500,000,000 before the end of fiscal year 2010; and 

‘‘(5) $600,000,000 before the end of fiscal year 2013.’’. 

SEC. 3303. AUTHORIZATION FOR DISPOSAL OF TUNGSTEN ORES AND 

CONCENTRATES. 

(a) DISPOSAL AUTHORIZED.—The President may dispose of up to 

8,000,000 pounds of contained tungsten in the form of tungsten ores 

and concentrates from the National Defense Stockpile in fiscal year 

2006. 

(b) CERTAIN SALES AUTHORIZED.—The tungsten ores and concentrates disposed under subsection (a) may be sold to entities with 

ore conversion or tungsten carbide manufacturing or processing capabilities in the United States. 

SEC. 3304. DISPOSAL OF FERROMANGANESE. 

(a) DISPOSAL AUTHORIZED.—The Secretary of Defense may dispose of up to 75,000 tons of ferromanganese from the National Defense Stockpile during fiscal year 2006. 

(b) CONTINGENT AUTHORITY FOR ADDITIONAL DISPOSAL.—If the 

Secretary of Defense completes the disposal of the total quantity of 

ferromanganese authorized for disposal by subsection (a) before September 30, 2006, the Secretary of Defense may dispose of up to an 

additional 25,000 tons of ferromanganese from the National Defense 

Stockpile before that date. 

(c) CERTIFICATION.—The Secretary of Defense may dispose of 

ferromanganese under the authority of subsection (b) only if the Secretary submits written certification to the Committee on Armed 

Services of the Senate and the Committee on Armed Services of the 


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House of Representatives, not later than 30 days before the commencement of disposal, that—

(1) the disposal of the additional ferromanganese from the 

National Defense Stockpile is in the interest of national defense; 

(2) the disposal of the additional ferromanganese will not 

cause undue disruption to the usual markets of producers and 

processors of ferromanganese in the United States; and 

(3) the disposal of the additional ferromanganese is consistent with the requirements and purpose of the National Defense Stockpile. 

(d) DELEGATION OF RESPONSIBILITY.—The Secretary of Defense 

may delegate the responsibility of the Secretary under subsection (c) 

to an appropriate official within the Department of Defense. 

(e) NATIONAL DEFENSE STOCKPILE DEFINED.—In this section, 

the term ‘‘National Defense Stockpile’’ means the stockpile provided 

for in section 4 of the Strategic and Critical Materials Stock Piling 

Act (50 U.S.C. 98c). 

TITLE XXXIV—NAVAL PETROLEUM 

RESERVES 

Sec. 3401. Authorization of appropriations. 

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

(a) AMOUNT.—There are hereby authorized to be appropriated 

to the Secretary of Energy $18,500,000 for fiscal year 2006 for the 

purpose of carrying out activities under chapter 641 of title 10, 

United States Code, relating to the naval petroleum reserves. 

(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to 

the authorization of appropriations in subsection (a) shall remain 

available until expended. 

TITLE XXXV—MARITIME 

ADMINISTRATION 

Sec. 3501. Authorization of appropriations for fiscal year 2006. 

Sec. 3502. Payments for State and regional maritime academies. 

Sec. 3503. Maintenance and repair reimbursement pilot program. 

Sec. 3504. Tank vessel construction assistance. 

Sec. 3505. Improvements to the Maritime Administration vessel disposal program. 

Sec. 3506. Assistance for small shipyards and maritime communities. 

Sec. 3507. Transfer of authority for title XI non-fishing loan guarantee decisions to 

Maritime Administration. 

Sec. 3508. Technical corrections. 

Sec. 3509. United States Maritime Service. 

Sec. 3510. Awards and medals. 

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 

2006. 

Funds are hereby authorized to be appropriated for fiscal year 

2006, to be available without fiscal year limitation if so provided in 

appropriations Acts, for the use of the Department of Transportation 

for the Maritime Administration as follows: 

(1) For expenses necessary for operations and training activities, $122,249,000. 


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(2) For administrative expenses related to loan guarantee 

commitments under the program authorized by title XI of the 

Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.), 

$4,126,000. 

(3) For expenses to dispose of obsolete vessels in the National Defense Reserve Fleet, including provision of assistance 

under section 7 of Public Law 92–402, $21,000,000. 

SEC. 3502. PAYMENTS FOR STATE AND REGIONAL MARITIME ACADEMIES. 

(a) ANNUAL PAYMENT.—Section 1304(d)(1)(C)(ii) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1295c(d)(1)(C)(ii)) is 

amended by striking ‘‘$200,000’’ and inserting ‘‘$300,000 for fiscal 

year 2006, $400,000 for fiscal year 2007, and $500,000 for fiscal 

year 2008 and each fiscal year thereafter’’. 

(b) SCHOOL SHIP FUEL PAYMENT.—Section 1304(c)(2) of the 

Merchant Marine Act, 1936 (46 App. U.S.C. 1295c(c)(2)) is amended—

(1) by striking ‘‘The Secretary may pay to any State maritime academy’’ and inserting ‘‘(A) The Secretary shall, subject 

to the availability of appropriations, pay to each State maritime 

academy’’; and 

(2) by adding at the end the following: 

‘‘(B) The amount of the payment to a State maritime academy 

under this paragraph shall not exceed—

‘‘(i) $100,000 for fiscal year 2006; 

‘‘(ii) $200,000 for fiscal year 2007; and 

‘‘(iii) $300,000 for fiscal year 2008 and each fiscal year 

thereafter.’’. 

SEC. 3503. MAINTENANCE AND REPAIR REIMBURSEMENT PILOT PROGRAM. 

Section 3517 of the Maritime Security Act of 2003 (46 U.S.C. 

53101 note) is amended to read as follows: 

‘‘SEC. 3517. MAINTENANCE AND REPAIR REIMBURSEMENT PILOT PROGRAM. 

‘‘(a) AUTHORITY TO ENTER AGREEMENTS.—

‘‘(1) IN GENERAL.—The Secretary of Transportation shall 

carry out a pilot program under which the Secretary shall enter 

into an agreement with 1 or more contractors under chapter 

531 of title 46, United States Code, regarding maintenance and 

repair of 1 or more vessels that are subject to an operating 

agreement under that chapter. 

‘‘(2) REQUIREMENT OF AGREEMENT.—The Secretary shall, 

subject to the availability of appropriations, require 1 or more 

persons to enter into an agreement under this section as a condition of awarding an operating agreement to the person under 

chapter 531 of title 46, United States Code, for 1 or more vessels 

that normally make port calls in the United States. 

‘‘(b) TERMS OF AGREEMENT.—An agreement under this section—

‘‘(1) shall require that except as provided in subsection (c), 

all qualified maintenance or repair on the vessel shall be performed in the United States; 

‘‘(2) shall require that the Secretary shall reimburse the 

contractor in accordance with subsection (d) for the costs of 


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qualified maintenance or repair performed in the United States; 

and 

‘‘(3) shall apply to qualified maintenance or repair performed during the 5-year period beginning on the date the vessel begins operating under the operating agreement under chapter 531 of title 46, United States Code. 

‘‘(c) EXCEPTION TO REQUIREMENT TO PERFORM WORK IN THE

UNITED STATES.—A contractor shall not be required to have qualified maintenance or repair work performed in the United States 

under this section if—

‘‘(1) the Secretary determines that there is no facility capable of meeting all technical requirements of the qualified maintenance or repair in the United States located in the geographic 

area in which the vessel normally operates available to perform 

the work in the time required by the contractor to maintain its 

regularly scheduled service; 

‘‘(2) the Secretary determines that there are insufficient 

funds to pay reimbursement under subsection (d) with respect 

to the work; or 

‘‘(3) the Secretary fails to make the certification described 

in subsection (e)(2). 

‘‘(d) REIMBURSEMENT.—

‘‘(1) IN GENERAL.—The Secretary shall, subject to the availability of appropriations, reimburse a contractor for costs incurred by the contractor for qualified maintenance or repair 

performed in the United States under this section. 

‘‘(2) AMOUNT.—The amount of reimbursement shall be 

equal to the difference between—

‘‘(A) the fair and reasonable cost of obtaining the qualified maintenance or repair in the United States; and 

‘‘(B) the fair and reasonable cost of obtaining the qualified maintenance or repair outside the United States, in the 

country in which the contractor would otherwise undertake 

the qualified maintenance or repair. 

‘‘(3) DETERMINATION OF FAIR AND REASONABLE COSTS.—The 

Secretary shall determine fair and reasonable costs for purposes 

of paragraph (2). 

‘‘(e) NOTIFICATION REQUIREMENTS.—

‘‘(1) NOTIFICATION BY CONTRACTOR.—The Secretary is not 

required to pay reimbursement to a contractor under this section for qualified maintenance or repair, unless the contractor—

‘‘(A) notifies the Secretary of the intent of the contractor 

to obtain the qualified maintenance or repair, by not later 

than 90 days before the date of the performance of the 

qualified maintenance or repair; and 

‘‘(B) includes in such notification—

‘‘(i) a description of all qualified maintenance or 

repair that the contractor should reasonably expect 

may be performed; 

‘‘(ii) a description of the vessel’s normal route and 

port calls in the United States; 

‘‘(iii) an estimate of the cost of obtaining the qualified maintenance or repair described under clause (i) 

in the United States; and 


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‘‘(iv) an estimate of the cost of obtaining the qualified maintenance or repair described under clause (i) 

outside the United States, in the country in which the 

contractor otherwise would undertake the qualified 

maintenance or repair. ‘‘(2) CERTIFICATION BY SECRETARY.— ‘‘(A) Not later than 30 days after the date of receipt of 

notification under paragraph (1), the Secretary shall certify 

to the contractor— ‘‘(i) whether the cost estimates provided by the contractor are fair and reasonable; ‘‘(ii) if the Secretary determines that such cost estimates are not fair and reasonable, the Secretary’s estimate of fair and reasonable costs for such work; ‘‘(iii) whether there are available to the Secretary 

sufficient funds to pay reimbursement under subsection 

(d) with respect to such work; and ‘‘(iv) that the Secretary commits such funds to the 

contractor for such reimbursement, if such funds are 

available for that purpose. 

‘‘(B) If the contractor notification described in paragraph (1) does not include an estimate of the cost of obtaining qualified maintenance and repair in the United States, 

then not later than 30 days after the date of receipt of such 

notification, the Secretary shall— ‘‘(i) certify to the contractor whether there is a facility capable of meeting all technical requirements of 

the qualified maintenance and repair in the United 

States located in the geographic area in which the vessel normally operates available to perform the qualified 

maintenance and repair described in the notification 

by the contractor under paragraph (1) in the time period required by the contractor to maintain its regularly scheduled service; and 

‘‘(ii) if there is such a facility, require the contractor to resubmit such notification with the required 

cost estimate for such facility. 

‘‘(f) REGULATIONS.— ‘‘(1) REQUIREMENT TO ISSUE NOTICE OF PROPOSED RULE

MAKING.—The Secretary shall—

‘‘(A) by not later than 30 days after the effective date 

of this subsection, issue a notice of proposed rule making 

to implement this section; 

‘‘(B) in such notice, solicit the submission of comments 

by the public regarding rules to implement this section; and 

‘‘(C) provide a period of at least 30 days for the submission of such comments. 

‘‘(2) INTERIM RULES.—Upon expiration of the period for 

submission of comments pursuant to paragraph (1)(C), the Secretary may prescribe interim rules necessary to carry out the 

Secretary’s responsibilities under this section. For this purpose, 

the Secretary is excepted from compliance with the notice and 

comment requirements of section 553 of title 5, United States 

Code. At the time interim rules are issued, the Secretary shall 

solicit comments on the interim rules from the public and other 


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interested persons. Such period for comment shall not be less 

than 90 days. All interim rules prescribed under the authority 

of this subsection that are not earlier superseded by final rules 

shall expire no later than 270 days after the effective date of 

this subsection. 

‘‘(g) QUALIFIED MAINTENANCE OR REPAIR DEFINED.—In this section the term ‘qualified maintenance or repair’—

‘‘(1) except as provided in paragraph (2), means—

‘‘(A) any inspection of a vessel that is—

‘‘(i) required under chapter 33 of title 46, United 

States Code; and 

‘‘(ii) performed in the period in which the vessel is 

subject to an agreement under this section; 

‘‘(B) any maintenance or repair of a vessel that is determined, in the course of an inspection referred to in subparagraph (A), to be necessary; and 

‘‘(C) any additional maintenance or repair the contractor intends to undertake at the same time as the work 

described in subparagraph (B); and 

‘‘(2) does not include—

‘‘(A) maintenance or repair not agreed to by the contractor to be undertaken at the same time as the work described in paragraph (1); or 

‘‘(B) any emergency work that is necessary to enable a 

vessel to return to a port in the United States. 

‘‘(h) ANNUAL REPORT.—The Secretary shall submit to the Congress by not later than September 30 each year a report on the program under this section. The report shall include a listing of future 

inspection schedules for all vessels included in the Maritime Security Fleet under section 53102 of title 46, United States Code. 

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—In addition to the 

other amounts authorized by this title, for reimbursement of costs 

of qualified maintenance or repair under this section there is authorized to be appropriated to the Secretary of Transportation 

$19,500,000 for each of fiscal years 2006 through 2011.’’. 

SEC. 3504. TANK VESSEL CONSTRUCTION ASSISTANCE. 

(a) REQUIREMENT TO ENTER CONTRACTS.—Section 3543(a) of 

the National Defense Authorization Act for Fiscal Year 2004 (46 

U.S.C. 53101 note) is amended by striking ‘‘may’’ and inserting 

‘‘shall, to the extent of the availability of appropriations,’’. 

(b) AMOUNT OF ASSISTANCE.—Section 3543(b) of the National 

Defense Authorization Act for Fiscal Year 2004 (46 U.S.C. 53101 

note) is amended by striking ‘‘up to 75 percent of’’. 

SEC. 3505. IMPROVEMENTS TO THE MARITIME ADMINISTRATION VESSEL DISPOSAL PROGRAM. 

(a) REPEAL OF LIMITATION ON SCRAPPING; COMPREHENSIVE

MANAGEMENT PLAN.—Section 3502 of the Floyd D. Spence National 

Defense Authorization Act of Fiscal Year 2001 (enacted into law by 

section 1 of Public Law 106–398; 16 U.S.C. 5405 note; 114 Stat. 

1654A–490) is amended by striking subsections (c), (d), (e), and (f), 

and inserting the following: ‘‘(c) COMPREHENSIVE MANAGEMENT PLAN.— ‘‘(1) REQUIREMENT TO DEVELOP PLAN.—The Secretary of 

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gress by not later than 180 days after the date of the enactment 

of this Act a comprehensive plan for management of the vessel 

disposal program of the Maritime Administration in accordance 

with the recommendations made in the Government Accountability Office in report number GAO–05–264, dated March 

2005. ‘‘(2) CONTENTS OF PLAN.—The plan shall— ‘‘(A) include a strategy and implementation plan for 

disposal of obsolete National Defense Reserve Fleet vessels 

(including vessels added to the fleet after the enactment of 

this paragraph) in a timely manner, maximizing the use of 

all available disposal methods, including dismantling, use 

for artificial reefs, donation, and Navy training exercises; ‘‘(B) identify and describe the funding and other resources necessary to implement the plan, and specific milestones for disposal of vessels under the plan; ‘‘(C) establish performance measures to track progress 

toward achieving the goals of the program, including the 

expeditious disposal of ships commencing upon the date of 

the enactment of this paragraph; ‘‘(D) develop a formal decisionmaking framework for 

the program; and ‘‘(E) identify external factors that could impede successful implementation of the plan, and describe steps to be 

taken to mitigate the effects of such factors. ‘‘(d) IMPLEMENTATION OF MANAGEMENT PLAN.— ‘‘(1) REQUIREMENT TO IMPLEMENT.—Subject to the availability of appropriations, the Secretary shall implement the vessel disposal program of the Maritime Administration in accordance with—

‘‘(A) the management plan submitted under subsection 

(c); and ‘‘(B) the requirements set forth in paragraph (2). ‘‘(2) UTILIZATION OF DOMESTIC SOURCES.—In the procurement of services under the vessel disposal program of the Maritime Administration, the Secretary shall—

‘‘(A) use full and open competition; and 

‘‘(B) utilize domestic sources to the maximum extent 

practicable. 

‘‘(e) FAILURE TO SUBMIT PLAN.—

‘‘(1) PRIVATE MANAGEMENT CONTRACT FOR DISPOSAL OF

MARITIME ADMINISTRATION VESSELS.—The Secretary of Transportation, subject to the availability of appropriations, shall 

promptly award a contract using full and open competition to 

expeditiously implement all aspects of disposal of obsolete National Defense Reserve Fleet vessels. 

‘‘(2) APPLICATION.—This subsection shall apply beginning 

180 days after the date of the enactment of this subsection, unless the Secretary of Transportation has submitted to the Congress the comprehensive plan required under subsection (c). 

‘‘(f) REPORT.—No later than 1 year after the date of the enactment of this subsection, and every 6 months thereafter, the Secretary 

of Transportation, in coordination with the Secretary of the Navy, 

shall report to the Committee on Transportation and Infrastructure, 

the Committee on Resources, and the Committee on Armed Services 


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of the House of Representatives, and to the Committee on Commerce, 

Science, and Transportation and the Committee on Armed Services 

of the Senate, on the progress made in implementing the vessel disposal plan developed under subsection (c). In particular, the report 

shall address the performance measures required to be established 

under subsection (c)(2)(C).’’. (b) TEMPORARY AUTHORITY TO TRANSFER OBSOLETE COMBAT- ANT VESSELS TO NAVY FOR DISPOSAL.—The Secretary of Transportation shall, subject to the availability of appropriations and consistent with section 1535 of title 31, United States Code, popularly 

known as the Economy Act, transfer to the Secretary of the Navy 

during fiscal year 2006 for disposal by the Navy, no fewer than 4 

combatant vessels in the nonretention fleet of the Maritime Administration that are acceptable to the Secretary of the Navy. 

(c) TRANSFER OF TITLE OF OBSOLETE VESSELS TO BE DISPOSED

OF AS ARTIFICIAL REEFS.—Paragraph (4) of section 4 of the Act entitled ‘‘An Act to authorize appropriations for the fiscal year 1973 for 

certain maritime programs of the Department of Commerce, and for 

related purposes’’ (Public Law 92–402; 16 U.S.C. 1220a) is amended 

to read as follows: ‘‘(4) the transfer would be at no cost to the Government (except for any financial assistance provided under section 

1220(c)(1) of this title) with the State taking delivery of such obsolete ships and titles in an ‘as-is—where-is’ condition at such 

place and time designated as may be determined by the Secretary of Transportation.’’. 

SEC. 3506. ASSISTANCE FOR SMALL SHIPYARDS AND MARITIME COMMUNITIES. 

(a) ESTABLISHMENT OF PROGRAM.—Subject to the availability of 

appropriations, the Administrator of the Maritime Administration 

shall establish a program to provide assistance to State and local 

governments— (1) to provide assistance in the form of grants, loans, and 

loan guarantees to small shipyards for capital improvements; 

and 

(2) for maritime training programs in communities whose 

economies are substantially related to the maritime industry. 

(b) AWARDS.—In providing assistance under the program, the 

Administrator shall—

(1) take into account—

(A) the economic circumstances and conditions of maritime communities; and 

(B) the local, State, and regional economy in which the 

communities are located; and 

(2) strongly encourage State, local, and regional efforts to 

promote economic development and training that will enhance 

the economic viability of and quality of life in maritime communities. 

(c) USE OF FUNDS.—Assistance provided under this section may 

be used—

(1) to make capital and related improvements in small 

shipyards located in or near maritime communities; 

(2) to encourage, assist in, or provide training for residents 

of maritime communities that will enhance the economic viability of those communities; and 


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(3) for such other purposes as the Administrator determines 

to be consistent with and supplemental to such activities. 

(d) PROHIBITED USES.—Grants awarded under this section may 

not be used to construct buildings or other physical facilities or to 

acquire land unless such use is specifically approved by the Administrator in support of subsection (c)(3). 

(e) MATCHING REQUIREMENTS.— (1) FEDERAL FUNDING.—Except as provided in paragraph 

(2), Federal funds for any eligible project under this section 

shall not exceed 75 percent of the total cost of such project. 

(2) EXCEPTIONS.— (A) SMALL PROJECTS.—Paragraph (1) shall not apply 

to grants under this section for stand alone projects costing 

not more than $25,000. The amount under this subparagraph shall be indexed to the consumer price index and 

modified each fiscal year after the annual publication of 

the consumer price index. 

(B) REDUCTION IN MATCHING REQUIREMENT.—If the 

Administrator determines that a proposed project merits 

support and cannot be undertaken without a higher percentage of Federal financial assistance, the Administrator 

may award a grant for such project with a lesser matching 

requirement than is described in paragraph (1). 

(f) APPLICATION.— (1) IN GENERAL.—The Administrator shall determine who, 

as an eligible applicant, may submit an application, at such 

time, in such form, and containing such information and assurances as the Administrator may require. 

(2) MINIMUM STANDARDS FOR PAYMENT OR REIMBURSEMENT.—Each application submitted under paragraph (1) shall 

include—

(A) a comprehensive description of—

(i) the need for the project; 

(ii) the methodology for implementing the project; 

and 

(iii) any existing programs or arrangements that 

can be used to supplement or leverage assistance under 

the program. 

(3) PROCEDURAL SAFEGUARDS.—The Administrator, in consultation with the Office of the Inspector General, shall issue 

guidelines to establish appropriate accounting, reporting, and 

review procedures to ensure that— (A) grant funds are used for the purposes for which 

they were made available; 

(B) grantees have properly accounted for all expenditures of grant funds; and 

(C) grant funds not used for such purposes and 

amounts not obligated or expended are returned. 

(4) PROJECT APPROVAL REQUIRED.—The Administrator may 

not award a grant under this section unless the Administrator 

determines that— (A) sufficient funding is available to meet the matching 

requirements of subsection (e); 

(B) the project will be completed without unreasonable 

delay; and 


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(C) the recipient has authority to carry out the proposed project. 

(g) AUDITS AND EXAMINATIONS.—All grantees under this section 

shall maintain such records as the Administrator may require and 

make such records available for review and audit by the Administrator. 

(h) SMALL SHIPYARD DEFINED.—In this section, the term ‘‘small 

shipyard’’ means a shipyard that— (1) is a small business concern (within the meaning of section 3 of the Small Business Act (15 U.S.C. 632); and 

(2) does not have more than 600 employees. 

(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Administrator of the Maritime Administration for each of fiscal years 2006 through 2010 to carry out this 

section—

(1) $5,000,000 for training grants; and 

(2) $25,000,000 for capital and related improvement grants. 

SEC. 3507. TRANSFER OF AUTHORITY FOR TITLE XI NON-FISHING 

LOAN GUARANTEE DECISIONS TO MARITIME ADMINISTRATION. 

(a) IN GENERAL.—Title XI of the Merchant Marine Act, 1936 

(46 U.S.C. App. 1271 et seq.), as amended by subsection (d) of this 

section, is amended— (1) by striking ‘‘Secretary’’ each place it appears and inserting ‘‘Secretary or Administrator’’ in— (A) section 1101(c), (f), and (g); 

(B) section 1102; 

(C) section 1103(a), (b), (c), (e), (g), and (h); 

(D) section 1104A, except in— (i) subsection (b)(7) and the undesignated paragraph that follows; 

(ii) paragraphs (1), (2), (3)(B), and (4) of subsection 

(d); 

(iii) subsection (e)(2)(F) the second place it appears; 

(iv) subsection (j); and 

(v) subsection (n)(1) the first place it appears; 

(E) section 1104B; 

(F) section 1105(a), (b), (c), and (e); 

(G) section 1105(d) the first, second, third, fifth, and 

last places it appears; and 

(H) sections 1108, 1109 (except the second place it appears in subsection (c)), and 1113 (as redesignated by subsection (d) of this section); 

(2) by striking ‘‘Secretary’’ and inserting ‘‘Administrator’’

in—

(A) section 1103(i); 

(B) section 1103(j) the first place it appears; 

(C) section 1104A(b)(7) each place it appears but not in 

the undesignated paragraph that follows subsection (b)(7); 

(D) section 1104A(d)(1)(A) each place it appears except 

the first; 

(E) section 1104A(d)(3) each place it appears except in 

subparagraph (B); 

(F) section 1104A(j)(1) the first, fifth, and seventh 

places it appears; 


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(G) section 1104A(n) each place it appears except the 

first; 

(H) section 1110 each place it appears except the first 

and fourth places it appears in subsection (b); 

(I) section 1111(a) and (b)(2) each place it appears; 

(J) section 1111(b)(4) each place it appears except the 

first; and 

(K) section 1112 each place it appears; and 

(3) by striking ‘‘Secretary’s’’ in sections 1108(g)(1) and 

1109(d)(3) and inserting ‘‘Secretary’s or Administrator’s’’. (b) ADDITIONAL AND CONFORMING TITLE XI CHANGES.— (1) Section 1101 of the Merchant Marine Act, 1936 (46 

U.S.C. App. 1271) is amended— (A) by striking ‘‘title,’’ and all that follows in subsection 

(n) and inserting ‘‘title.’’; and 

(B) by adding at the end the following: ‘‘(p) The term ‘Administrator’ means the Administrator of 

the Maritime Administration.’’. (2) Section 1103(j) of such Act (46 U.S.C. App. 1273(j)) is 

amended by adding at the end the following: ‘‘The Secretary of Defense shall determine whether a vessel satisfies 

paragraphs (1) and (2) by not later than 30 days after receipt of a 

request from the Administrator for such a determination.’’. (3) Section 1104A(d) of such Act (46 U.S.C. App. 1274(d)) 

is amended— (A) by striking ‘‘Secretary of Transportation’’ in paragraphs (1)(A) and (3)(B) and inserting ‘‘Administrator’’; 

(B) by striking ‘‘the waiver’’ in paragraph (4)(B) and 

inserting ‘‘if deemed necessary by the Secretary or Administrator, the waiver’’; 

(C) by striking ‘‘the increased’’ in paragraph (4)(B) and 

inserting ‘‘any significant increase in’’. (4) Section 1104A(f) of such Act (46 U.S.C. App. 1273(f)) is 

amended—

(A) by striking ‘‘financial structures, or other risk factors identified by the Secretary or Administrator.’’ in paragraph (2), as amended by subsection (a) of this section, and 

inserting ‘‘or financial structures.’’; 

(B) by striking ‘‘financial structures, or other risk factors identified by the Secretary or Administrator.’’ in paragraph (3), as amended by subsection (a) of this section, and 

inserting ‘‘or financial structures.’’; and 

(C) by adding at the end the following: 

‘‘(5) A third party independent analysis conducted under paragraph (2) shall be performed by a private sector expert in assessing 

such risk factors who is selected by the Administrator.’’. 

(5) Section 1104A(j)(2) of such Act (46 U.S.C. App. 

1273(j)(2)) is amended by striking ‘‘The Secretary of Transportation’’ and inserting ‘‘The Administrator’’. 

(6) Section 1104A(m) of such Act (46 U.S.C. App. 1273(m)) 

is amended by striking the last sentence and inserting ‘‘If the 

Secretary or Administrator has waived a requirement under 

section 1104A(d), the loan agreement shall include requirements 

for additional payments, collateral, or equity contributions to 

meet such waived requirement upon the occurrence of verifiable 


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conditions indicating that the obligor’s financial condition enables the obligor to meet the waived requirement.’’. 

(7) Section 1104A(n)(1) of such Act (46 U.S.C. App. 

1273(n)(1)) is amended by striking ‘‘The Secretary of Transportation’’ and inserting ‘‘The Administrator’’. 

(8) Section 1111 of such Act (46 U.S.C. 1279(f)) is amended 

by striking ‘‘Secretary of Transportation’’ each place it appears 

and inserting ‘‘Administrator’’. 

(c) CONFORMING CHANGES IN OTHER STATUTES.—

(1) Section 401(a) of the Ocean Shipping Reform Act of 

1998 (46 U.S.C. App. 1273a(a)) is amended by striking ‘‘Secretary of Transportation’’ and inserting ‘‘Administrator of the 

Maritime Administration’’. 

(2) Section 101 of Public Law 85–469 (46 U.S.C. 1280) is 

amended by inserting ‘‘or the Administrator of the Maritime 

Administration’’ after ‘‘Secretary’’. 

(3) Section 3527 of the Maritime Security Act of 2003 (46 

U.S.C. App. 1280b) is amended by striking ‘‘Secretary of Transportation’’ and inserting ‘‘Administrator of the Maritime Administration’’. 

(4) Section 3528 of the Maritime Security Act of 2003 (46 

U.S.C. App. 1271 note) is repealed. 

(d) TECHNICAL CORRECTION OF SECTION NUMBERING.—Title XI 

of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.) is 

amended by redesignating the second sections 1111 and 1112, as 

added by section 303 of the Sustainable Fisheries Act (Public Law 

104–297; 110 Stat. 3616), as sections 1113 and 1114, respectively. 

SEC. 3508. TECHNICAL CORRECTIONS. 

(a) INTERMODAL CENTERS.—Section 9008(b)(1) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 

for Users is amended by striking ‘‘section 5309(m)(1)(C)’’ and inserting ‘‘paragraphs (1)(C) and (2)(C) of section 5309(m)’’. 

(b) INTERMODAL SURFACE FREIGHT TRANSFER FACILITY ELIGIBILITY.—Section 9008(b)(2) of that Act is amended by striking ‘‘section 181(9)(D)’’ and inserting ‘‘181(8)(D)’’. 

SEC. 3509. UNITED STATES MARITIME SERVICE. 

Section 1306(a) of the Maritime Education and Training Act of 

1980 (46 U.S.C. App. 1295e(a)), is amended by inserting ‘‘and to 

perform functions to assist the United States merchant marine, as 

determined necessary by the Secretary,’’ after ‘‘United States’’ the 

second place it appears 

SEC. 3510. AWARDS AND MEDALS. 

Section 5(c) of the Merchant Marine Decorations and Medals 

Act (46 U.S.C. App. 2004(c)) is amended by striking ‘‘provide at 

cost, or authorize for the manufacture and sale at reasonable prices 

by private persons—’’ and inserting ‘‘provide—’’. 

And the Senate agree to the same. 

From the Committee on Armed Services, for consideration 

of the House bill and the Senate amendment, and modifications committed to conference: 

DUNCAN HUNTER, 

CURT WELDON, 

JOEL HEFLEY, 


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JIM SAXTON, JOHN M. MCHUGH, TERRY EVERETT, ROSCOE BARTLETT, HOWARD P. MCKEON, MAC THORNBERRY, JOHN N. HOSTETTLER, JIM RYUN, JIM GIBBONS, ROBIN HAYES, KEN CALVERT, ROB SIMMONS, 

THELMA DRAKE, 

IKE SKELTON, 

JOHN SPRATT, 

SOLOMON P. ORTIZ, 

LANE EVANS, 

GENE TAYLOR, SILVESTRE REYES, 

VIC SNYDER, 

ADAM SMITH, LORETTA SANCHEZ, ELLEN TAUSCHER, From the Permanent Select Committee on Intelligence, for 

consideration of matters within the jurisdiction of that 

committee under clause 11 of rule X: 

PETE HOEKSTRA, JANE HARMAN, From the Committee on Education and the Workforce, for 

consideration of secs. 561–563, 571, and 815 of the House 

bill, and secs. 581–584 of the Senate amendment, and 

modifications committed to conference: 

MICHAEL N. CASTLE, JOE WILSON, 

RUSH HOLT, From the Committee on Energy and Commerce, for consideration of secs. 314, 601, 1032, and 3201 of the House bill, 

and secs. 312, 1084, 2893, 3116, and 3201 of the Senate 

amendment, and modifications committed to conference: 

JOE BARTON, 

PAUL GILLMOR, 

From the Committee on Financial Services, for consideration of secs. 676 and 1073 of the Senate amendment, and 

modifications committed to conference: 

MICHAEL G. OXLEY, 

ROBERT W. NEY, 

From the Committee on Government Reform, for consideration of secs. 322, 665, 811, 812, 820A, 822–825, 901, 

1101–1106, 1108, title XIV, secs. 2832, 2841, and 2852 of 

the House bill, and secs. 652, 679, 801, 802, 809E, 809F, 

809G, 809H, 811, 824, 831, 843–845, 857, 922, 1073, 1106, 

and 1109 of the Senate amendment, and modifications 

committed to conference: 

TOM DAVIS, 

CHRISTOPHER SHAYS, 


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From the Committee on Homeland Security, for consideration of secs. 1032, 1033, and 1035 of the House bill, and 

sec. 907 of the Senate amendment, and modifications committed to conference: 

JOHN LINDER, 

DANIEL E. LUNGREN, 

BENNIE G. THOMPSON, 

From the Committee on International Relations, for consideration of secs. 814, 1021, 1203–1206, and 1301–1305 of 

the House bill, and secs. 803, 1033, 1203, 1205–1207, and 

1301–1306 of the Senate amendment, and modifications 

committed to conference: 

HENRY HYDE, 

JAMES A. LEACH, 

TOM LANTOS, 

From the Committee on the Judiciary, for consideration of 

secs. 551, 673, 1021, 1043, and 1051 of the House bill, and 

secs. 553, 615, 617, 619, 1072, 1075, 1077, and 1092 of the 

Senate amendment, and modifications committed to conference: 

F. JAMES SENSENBRENNER, 

STEVE CHABOT, 

From the Committee on Resources, for consideration of 

secs. 341–346, 601, and 2813 of the House bill, and secs. 

1078, 2884, and 3116 of the Senate amendment, and modifications committed to conference: 

RICHARD POMBO, 

HENRY E. BROWN, Jr., 

From the Committee on Science, for consideration of sec. 

223 of the House bill and secs. 814 and 3115 of the Senate 

amendment, and modifications committed to conference: 

SHERWOOD BOEHLERT, 

W. TODD AKIN, 

BART GORDON, 

From the Committee on Small Business, for consideration 

of sec. 223 of the House bill, and secs. 814, 849–852, 855, 

and 901 of the Senate amendment, and modifications committed to conference: 

DONALD A. MANZULLO, 

SUE W. KELLY, 

From the Committee on Transportation and Infrastructure, for consideration of secs. 314, 508, 601, and 1032–

1034 of the House bill, and secs. 312, 2890, 2893, and 3116 

of the Senate amendment, and modifications committed to 

conference: 

DON YOUNG, 

JOHN J. DUNCAN, Jr., 

JOHN T. SALAZAR, 

From the Committee on Veterans Affairs, for consideration 

of secs. 641, 678, 714, and 1085 of the Senate amendment, 

and modifications committed to conference: 

STEVE BUYER, 

JEFF MILLER, 

SHELLEY BERKLEY, 


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From the Committee on Ways and Means, for consideration of sec. 677 of the Senate amendment, and modifications committed to conference: 

WILLIAM THOMAS, WALLY HERGER, JIM MCDERMOTT, Managers on the Part of the House. 

JOHN W. WARNER, 

JOHN MCCAIN, 

JAMES M. INHOFE, 

PAT ROBERTS, 

JEFF SESSIONS, 

SUSAN COLLINS, 

JOHN ENSIGN, 

JIM TALENT, 

SAXBY CHAMBLISS, 

LINDSEY GRAHAM, 

ELIZABETH DOLE, 

JOHN CORNYN, 

JOHN THUNE, 

CARL LEVIN, 

TED KENNEDY, 

ROBERT C. BYRD, 

JOSEPH LIEBERMAN, 

JACK REED, 

DANIEL K. AKAKA, 

BILL NELSON, 

BEN NELSON, 

MARK DAYTON, 

EVAN BAYH, 

H.R. CLINTON, 

Managers on the Part of the Senate. 


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JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF 

CONFERENCE 

The managers on the part of the House and the Senate at the 

conference on the disagreeing votes of the two Houses on the 

amendment of the Senate to the bill (H.R. 1815) to authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes, submit the following joint statement to the House and the Senate in 

explanation of the effect of the action agreed upon by the managers 

and recommended in the accompanying conference report: 

The Senate amendment struck out all of the House bill after 

the enacting clause and inserted a substitute text. 

The House recedes from its disagreement to the amendment of 

the Senate with an amendment that is a substitute for the House 

bill and the Senate amendment. The differences between the House 

bill, the Senate amendment, and the substitute agreed to in conference are noted below, except for clerical corrections, conforming 

changes made necessary by agreements reached by the conferees, 

and minor drafting and clarifying changes. 

SUMMARY STATEMENT OF CONFERENCE ACTIONS 

The Conferees recommend authorization of appropriations for 

fiscal year 2006 for the Department of Defense for procurement; research and development; test and evaluation; operation and maintenance; working capital funds; military construction and family 

housing; and for weapons and environmental restoration programs 

of the Department of Energy; that have a budget authority implication of $441.5 billion for the national defense function. 

The Conferees recommend the merging authorization of appropriations for the Department of Defense of $50.0 billion for costs 

associated with ongoing contingency operations in Iraq and Afghanistan; $6.6 billion for costs associated with Hurricane Katrina; 

$130.0 million for costs associated with Avian Flu; and $40.0 million for costs associated with Pakistan Earthquake relief efforts. 

Summary table of authorizations 

The defense authorization act provides authorizations for appropriations, but does not generally provide budget authority. 

Budget authority is provided in the appropriations act. 

In order to relate the conference recommendations to the budget resolution, matters in addition to the dollar authorizations contained in this bill must be taken into account. A number of programs in the national defense function are authorized in other legislation. 


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The following table summarizes authorizations included in the 

bill for fiscal year 2006 and, in addition, summarizes the implications of the conference action for the budget authority totals for national defense (budget function 050). 


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DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Procurement overview 

The budget request for fiscal year 2006 included an authorization of $76,914.8 million in Procurement for the Department of Defense. 

The House bill would authorize $79,108.9 million. 

The Senate amendment would authorize $78,162.2 million. 

The conferees recommend an authorization of $76,914.0 million. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 


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Aircraft procurement, Army overview 

The budget request for fiscal year 2006 included an authorization of $2,800.9 million in Aircraft Procurement, Army for the Department of Defense. 

The House bill would authorize $2,861.4 million. 

The Senate amendment would authorize $2,800.9 million. 

The conferees recommend an authorization of $2,792.6 million. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 


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Missile procurement, Army overview 

The budget request for fiscal year 2006 included an authorization of $1,270.9 million in Missile Procurement, Army for the Department of Defense. 

The House bill would authorize $1,242.9 million. 

The Senate amendment would authorize $1,265.9 million. 

The conferees recommend an authorization of $1,246.9 million. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 


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Procurement of weapons and tracked combat vehicles, Army overview 

The budget request for fiscal year 2006 included an authorization of $1,660.1 million in Procurement of Weapons and Tracked 

Combat Vehicles, Army for the Department of Defense. 

The House bill would authorize $1,602.0 million. 

The Senate amendment would authorize $1,692.5 million. 

The conferees recommend an authorization of $1,652.9 million. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 


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Procurement of ammunition, Army overview 

The budget request for fiscal year 2006 included an authorization of $1,720.9 million in Procurement of Ammunition, Army for 

the Department of Defense. 

The House bill would authorize $1,750.8 million. 

The Senate amendment would authorize $1,830.7 million. 

The conferees recommend an authorization of $1,738.9 million. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 


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454 


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Other procurement, Army overview 

The budget request for fiscal year 2006 included an authorization of $4,302.6 million in Other Procurement, Army for the Department of Defense. 

The House bill would authorize $4,043.3 million. 

The Senate amendment would authorize $4,339.4 million. 

The conferees recommend an authorization of $4,328.9 million. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 


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458 


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459 


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460 


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461 


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462 


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463 


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464 


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Aircraft procurement, Navy overview 

The budget request for fiscal year 2006 included an authorization of $10,517.1 million in Aircraft Procurement, Navy for the Department of Defense. 

The House bill would authorize $10,042.5 million. 

The Senate amendment would authorize $9,946.9 million. 

The conferees recommend an authorization of $9,803.1 million. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 


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468 


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469 


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Weapons procurement, Navy overview 

The budget request for fiscal year 2006 included an authorization of $2,707.8 million in Weapons Procurement, Navy for the Department of Defense. 

The House bill would authorize $2,775.0 million. 

The Senate amendment would authorize $2,749.4 million. 

The conferees recommend an authorization of $2,737.8 million. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 


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473 


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Procurement of ammunition, Navy and Marine Corps overview 

The budget request for fiscal year 2006 included an authorization of $872.8 million in Procurement of Ammunition, Navy and 

Marine Corps for the Department of Defense. 

The House bill would authorize $869.8 million. 

The Senate amendment would authorize $892.8 million. 

The conferees recommend an authorization of $867.5 million. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 


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Shipbuilding and conversion, Navy overview 

The budget request for fiscal year 2006 included an authorization of $8,721.2 million in Shipbuilding and Conversion, Navy for 

the Department of Defense. 

The House bill would authorize $10,779.8 million. 

The Senate amendment would authorize $9,057.9 million. 

The conferees recommend an authorization of $8,880.6 million. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 


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Other procurement, Navy overview 

The budget request for fiscal year 2006 included an authorization of $5,487.8 million in Other Procurement, Navy for the Department of Defense. 

The House bill would authorize $5,634.3 million. 

The Senate amendment would authorize $5,596.2 million. 

The conferees recommend an authorization of $5,518.3 million. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 


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487 


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Procurement, Marine Corps overview 

The budget request for fiscal year 2006 included an authorization of $1,377.7 million in Procurement, Marine Corps for the Department of Defense. 

The House bill would authorize $1,407.6 million. 

The Senate amendment would authorize $1,387.7 million. 

The conferees recommend an authorization of $1,396.7 million. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 


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493 


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494 


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495 


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Aircraft procurement, Air Force overview 

The budget request for fiscal year 2006 included an authorization of $11,973.9 million in Aircraft Procurement, Air Force for the 

Department of Defense. 

The House bill would authorize $12,793.8 million. 

The Senate amendment would authorize $13,257.6 million. 

The conferees recommend an authorization of $12,862.3 million. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 


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498 


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499 


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500 


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501 


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502 


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Procurement of ammunition, Air Force overview 

The budget request for fiscal year 2006 included an authorization of $1,031.2 million for Procurement of Ammunition, Air Force 

in the Department of Defense. 

The House bill would authorize $1,031.2 million. 

The Senate amendment would authorize $1,031.2 million. 

The conferees recommend an authorization of $1,021.2 million. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 


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505 


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Missile procurement, Air Force overview 

The budget request for fiscal year 2006 included an authorization of $5,490.3 million in Missile Procurement, Air Force for the 

Department of Defense. 

The House bill would authorize $5,490.3 million. 

The Senate amendment would authorize $5,500.3 million. 

The conferees recommend an authorization of $5,394.6 million. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 


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508 


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509 

Other procurement, Air Force overview 

The budget request for fiscal year 2006 included an authorization of $14,002.7 million in Other Procurement, Air Force for the 

Department of Defense. 

The House bill would authorize $14,068.8 million. 

The Senate amendment would authorize $14,027.9 million. 

The conferees recommend an authorization of $14,024.7 million. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 


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511 


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512 


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513 


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514 


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515 


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Procurement, Defense-wide overview 

The budget request for fiscal year 2006 included an authorization of $2,677.8 million in Procurement, Defense-wide for the Department of Defense. 

The House bill would authorize $2,715.4 million. 

The Senate amendment would authorize $2,784.8 million. 

The conferees recommend an authorization of $2,647.0 million. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 


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ITEMS OF SPECIAL INTEREST

Joint Combat Pistol program 

The conferees are aware the U.S. Special Operations Command 

(SOCOM) has a requirement for a new .45 caliber pistol, the Joint 

Combat Pistol (JCP) program. The conferees understand that the 

SOCOM requirement is under review through the Joint Capabilities Integration and Development System process, and that the 

Army and the Marine Corps have expressed interest in the JCP 

program. The conferees note that SOCOM has issued a draft request for proposals (RFP) for the procurement of these new pistols 

and that this draft RFP contains an addendum for a potentially 

large quantity procurement. The conferees are not only concerned 

with the potential procurement of pistols in excess of the SOCOM 

requirement but also concerned with the proliferation of service 

programs to acquire a new combat pistol. The conferees expect the 

Department of Defense to acquire the JCP and any other new pistol in accordance with Department acquisition regulations and full 

and open competition. The conferees direct the Secretary of Defense 

to provide a report to the congressional defense committees, no 

later than April 1, 2006, on the acquisition strategy for pistols. The 

report would include an analysis of alternatives for the JCP program and details on the Joint Combat Pistol, Close Quarter Battle, 

Personal Defense Weapon, and any other Department acquisition 

program relating to military pistols. The report would also include 

an evaluation of the costs of utilizing the current inventory of serviceable M1911A1 pistols still in storage and the potential option of 

refurbishing unserviceable M1911A1 pistols. 

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Authorization of Appropriations 

Authorization of appropriations (secs. 101–104) 

The House bill contained provisions (secs. 101–104) that would 

authorize the recommended fiscal year 2006 funding levels for procurement Army, Navy, Marine Corps, Air Force, and Defense-wide 

activities. 

The Senate amendment contained similar provisions (secs. 

101–104). 

The conference agreement includes these provisions. 

Subtitle B—Army Programs 

Multiyear procurement authority for utility helicopters (sec. 111) 

The House bill contained a provision (sec. 111) that would authorize the Secretary of the Army to enter into a multiyear procurement contract, beginning with fiscal year 2007, for procurement of up to 461 helicopters in the UH–60M configuration and, 

acting as the executive agent for the Department of the Navy, in 

the MH–60S configuration. 

The Senate amendment contained a similar provision (sec. 

113). 

The House recedes with an amendment that would authorize 

the Secretary to enter into a multiyear contract, beginning with fisVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00551 Fmt 6601 Sfmt 6601 E:\HR\OC\HR360.XXX HR360

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cal year 2007, for the procurement of UH–60M Black Hawk utility 

helicopters and, acting as the executive agent for the Department 

of the Navy, enter into a multiyear contract for the procurement 

of MH–60S Sea Hawk utility helicopters. The conferees understand 

that the Department of the Army and the Department of the Navy 

intend to procure 461 H–60 helicopters. 

Multiyear procurement authority for Modernized Target Acquisition 

Designation Sight/Pilot Night Vision Sensors for AH–64 

Apache attack helicopters (sec. 112) 

The House bill contained a provision (sec. 112) that would authorize the Secretary of the Army to enter into a multiyear procurement contract, beginning with fiscal year 2006, for procurement of the Apache Modernized Target Acquisition Designation 

Sight/Pilot Night Vision Sensor (MTADS/PNVS). 

The Senate amendment contained a similar provision (sec. 

112). 

The Senate recedes with an amendment that would authorize 

the Secretary to enter into a multiyear procurement contract, beginning with fiscal year 2006, for procurement of the Apache 

MTADS/PNVS, with a 4 year limitation on the length of the contract. 

Multiyear procurement authority for conversion of AH–64A Apache 

attack helicopters to the AH–64D Block II configuration (sec. 

113) 

The House bill contained a provision (sec. 113) that would authorize the Secretary of the Army to enter into a multiyear procurement contract, beginning with fiscal year 2006, for procurement of the conversion of 96 Apache helicopters to the Block II configuration. 

The Senate amendment contained a similar provision (sec. 

111). 

The Senate recedes with an amendment that would authorize 

the Secretary to enter into a multiyear procurement contract, beginning with fiscal year 2006, for procurement of the conversion of 

AH–64A Apaches to the AH–64D Block II configuration, with a 4 

year limitation on the length of the contract. The conferees understand that the Department of the Army intends to convert at least 

96 AH–64A Apache helicopters to the AH–64D Block II configuration. 

Acquisition strategy for tactical wheeled vehicle programs (sec. 114) 

The House bill contained a provision (sec. 114) that would require the Secretary of the Army and the Secretary of the Navy to 

enter into a joint service program for the procurement of a new vehicle class of tactical wheeled vehicles. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

The conferees support the Army’s revised strategy for acquiring tactical wheeled vehicles and understand the Army intends to 

recapitalize, modernize, and eventually replace the Army’s existing 

light, medium, and heavy tactical wheeled vehicles with either a 

new next generation vehicle class or more capable current force 


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tactical wheeled vehicles. The conferees are aware that, in some 

areas, the Army and Marine Corps are cooperating in the development of tactical wheeled vehicle replacements. However, the conferees also understand that the Marine Corps has its own program 

to replace an aging fleet of battlefield resupply vehicles, the Logistics Vehicle System-Replacement program, even though it appears 

that the Army’s Palletized Load System could be an adequate replacement for Marine Corps resupply vehicles. The conferees believe that the Army and Marine Corps can do more to coordinate 

tactical wheeled vehicle requirements and execute a joint service 

program to acquire tactical wheeled vehicles. The conferees encourage the Army-Marine Corps Board to review the current requirements for Army and Marine Corps tactical wheeled vehicles with 

the intent to converge tactical wheeled vehicle requirements and 

acquisition. 

Report on Army modular force initiative (sec. 115) 

The House bill contained a provision (sec. 115) that would place a $3.0 billion limitation on the obligation or expenditure of 

funds available for the acquisition programs for the Army modular 

force initiative until the Secretary of the Army submits a report to 

the congressional defense committees that outlines the full scope 

and funding levels of the programs considered part of the modular 

force initiative, and a detailed accounting of the use of funds provided for the modular force initiative in the 2005 emergency supplemental request. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would remove the 

funding limitation as contained in the House provision and directs 

the Secretary of the Army to submit a report to the congressional 

defense committees no later than 30 days after the date of the submission of the fiscal year 2006 request for emergency supplemental 

appropriations for the Department of Defense to the Congress. 

The conferees have strongly supported and will continue to 

support the Army’s modular force initiative. However, the conferees 

are concerned with modularity costs and the Army’s ability to support current year and outyear funding for the modular force initiative. In March 2005, the Army’s cost estimates for its modular force 

initiative was $48.0 billion. However, in a September 2005 report, 

the Government Accountability Office (GAO) found that the Army’s 

cost estimate for the modularity initiative did not include $27.5 billion in personnel and construction costs, bringing potential known 

costs to $75.5 billion. Minimal information has been provided to the 

congressional defense committees on defined requirements and 

budget detail primarily because the Army modular force initiative 

has been funded through the use of emergency supplemental requests for the Department of Defense. The conferees require a 

greater level of detail to understand the Army’s modular force initiative, and direct the Secretary of the Army to submit a report 

that would specify each program in the modular force initiative and 

the requirements, acquisition objective, funding profile, and unfunded requirements for each program specified as part of the 

Army’s modular force initiative. The conferees expect the Army to 

provide the requested information aggregated by Army component. 


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Subtitle C—Navy Programs 

Virginia-class submarine program (sec. 121) 

The House bill contained a provision (sec. 121) that would limit 

the total procurement end costs for five Virginia-class submarines 

(SSN–779, SSN–780, SSN–781, SSN–782, and SSN–783) to the 

cost estimates submitted for those vessels with the fiscal year 2006 

budget request. The provision would allow the Secretary of the 

Navy to adjust the limitation amounts for economic inflation and 

for changes in federal, state, or local laws enacted after September 

30, 2005. The provision would also require the Secretary to notify 

Congress of any adjustments made to the limitation amounts annually, with the submission of the budget request for the following fiscal year. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would raise the 

amounts of the limitation for the same five Virginia-class submarines to the contract ceiling prices for those five submarines. In 

addition to the two reasons for which the House bill would allow 

the Secretary to submit adjustments to the cost limitations, the 

Senate amendment would allow the Secretary to make adjustments 

for the amounts of outfitting and post-delivery costs, and the 

amounts of increases or decreases in costs of those submarines that 

are attributable to the insertion of new technology. The amendment would, however, limit those technologies that could be used 

for cost adjustment to those that would either lower life cycle costs 

or meet an emerging threat. 

The conferees direct the Secretary to submit a report to the 

congressional defense committees, upon submission of the budget 

request for fiscal year 2007, including a list of items and activities, 

and their estimated costs, that would be required during the outfitting and post-delivery of each of the five submarines covered by 

this provision. 

LHA replacement (LHA(R)) amphibious assault ship program (sec. 

122) 

The House bill contained a provision (sec. 122) that would limit 

the total amount obligated or expended for procurement of each 

ship of the LHA replacement (LHA(R)) amphibious assault ship 

program to $2.0 billion. The provision would allow the Secretary of 

the Navy to adjust the amount for certain reasons, and report on 

those adjustments annually with the submission of the budget request. The provision would also prohibit the obligation or expenditure of any funds for procurement of the LHA(R) until the Secretary of Defense certifies to the congressional defense committees 

that: (1) a detailed Operational Requirements Document had been 

approved by the Joint Requirements Oversight Council; and (2) a 

stable design exists for the LHA(R) class of vessels. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would prohibit 

expenditure of more than 70 percent of the funds available in Shipbuilding and Conversion, Navy, for the LHA(R) program, until the 

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fense committees that there is an approved operational requirement and a stable design for the LHA(R) class of vessels. 

Cost limitation for next-generation destroyer program (sec. 123) 

The House bill contained a provision (sec. 123) that would limit 

the amount of procurement funds obligated or expended for each 

future major surface combatant, destroyer type, to $1.7 billion. The 

provision would allow the Secretary of the Navy to adjust this 

amount for economic inflation and for changes in federal, state, or 

local laws enacted after September 30, 2005. The provision would 

also require the Secretary to notify Congress of any adjustments 

made to this limitation annually, with the submission of the annual budget request. The provision would authorize $700.0 million 

in the Research, Development, Test, and Evaluation, Navy account 

for technology development and demonstration for this ship. The 

provision would also require the Secretary to ensure that the acquisition plan for this ship would: (1) use technologies from the DD(X) 

and CG(X) programs, as well as any other technology the Secretary 

considers appropriate; (2) require the ship to have an overall capability not less than that of the flight IIA version of the Arleigh 

Burke (DDG–51) class destroyer; and (3) posture the program to be 

ready for lead ship procurement not later than fiscal year 2011. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would limit the 

cost of the fifth vessel in the next-generation destroyer program to 

$2.3 billion. In addition to the two reasons the House bill would 

allow the Secretary to submit adjustments to the cost limitation, 

the Senate amendment would allow the Secretary to make adjustments for the amount of outfitting and post-delivery costs, and the 

amounts of increases or decreases in costs of the vessel that are attributable to the insertion of new technology. The amendment 

would, however, limit those technologies that could be used for cost 

adjustment to those that would either lower life cycle costs or meet 

an emerging threat. The amendment would require the Secretary 

to start reporting any adjustment to the cost limitation with the 

submission of the budget request for the year in which a contract 

for detail design and construction of the fifth vessel of the next-generation destroyer is expected to be awarded. 

The conferees direct the Secretary to submit a report to the 

congressional defense committees, which would accompany the first 

report of cost limitation adjustment, that includes a list of items 

and activities, and their estimated costs, that would be required 

during the outfitting and post-delivery for this vessel. 

Littoral combat ship (LCS) program (sec. 124) 

The House bill contained a provision (sec. 124) that would limit 

the amounts obligated or expended for each ship of the Littoral 

Combat Ship (LCS) class, to include the amounts for mission modules, to $400.0 million. The provision would allow the Secretary of 

the Navy to adjust this amount for economic inflation and for 

changes in federal, state, or local laws enacted after September 30, 

2005. The provision would also require the Secretary of the Navy 

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vision would further prevent the Navy from requiring any LCS vessels or LCS mission modules until the Secretary of Defense submits 

the results of an operational evaluation of the first four LCS vessels, conducted by the Director of Operational Test and Evaluation, 

and a certification that there is a stable design for LCS to the congressional defense committees. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would limit the 

cost of the fifth and sixth vessels of the LCS-class to $220.0 million, 

excluding amounts for elements designated by the Secretary of the 

Navy as a mission package. In addition to the two reasons the 

House bill would allow the Secretary of the Navy to submit adjustments to the cost limitation, the Senate amendment would include 

the amount of outfitting the post-delivery costs, and the amounts 

of increases or decreases in cost of the vessels that are attributable 

to the insertion of new technology. The amendment would, however, limit those technologies that could be used for cost adjustment to those that would either lower life cycle costs or meet an 

emerging threat. The amendment would require the Secretary to 

start reporting any adjustment to the cost limitation with the submission of the budget request for the year in which a contract for 

detail design and construction of the fifth vessel of the next-generation destroyer is expected to be awarded. The amendment would 

also require the Secretary of the Navy to report, with the submission of the annual budget request, those elements that are designated as mission packages for the LCS-class of vessels, and their 

estimated cost. The amendment would limit the use of funds for 

any LCS vessels or mission packages, after the first four vessels, 

until the Secretary of the Navy submits a certification to the congressional defense committees that the LCS design is stable. 

The conferees direct the Secretary of the Navy to submit a report to the congressional defense committees, which would accompany the first report of cost limitation adjustment, that includes a 

list of items and activities, and their estimated costs, that would 

be required during the outfitting and post-delivery for these vessels. 

Prohibition on acquisition of next-generation destroyer through a 

single shipyard (sec. 125) 

The Senate amendment contained a provision (sec. 121) that 

would prohibit the acquisition of the next-generation destroyer 

(DD(X)) through a winner-take-all acquisition strategy. The provision would also prohibit the obligation or expenditure of funds for 

the purpose of pursuing a winner-take-all acquisition strategy. The 

provision would define a winner-take-all acquisition strategy as one 

leading to the acquisition, including both design and construction, 

of the next-generation of destroyers through a single shipyard. 

The House bill contained no similar provision. 

The House recedes with an amendment that would not specify 

the DD(X) as the next-generation destroyer, but instead define the 

next-generation destroyer program as that which will acquire and 

deploy a new class of destroyers as the follow-on to the Arleigh 

Burke-class of destroyers. 


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Aircraft carrier force structure (sec. 126) 

The House bill contained a provision (sec. 128) that would 

amend section 5062 of title 10, United States Code, by inserting a 

new subsection that would require the naval combat forces of the 

Navy to have no less than 12 operational aircraft carriers, and 

would clarify that an operational aircraft carrier could be one 

which is temporarily unavailable for worldwide deployment due to 

routine or scheduled maintenance or repair. The provision would 

also require the Secretary of Defense to take all necessary actions 

to ensure that the U.S.S. John F. Kennedy (CV–67) is maintained 

in a fully mission capable status, and would authorize $60.0 million 

in the Operations and Maintenance, Navy account for the operation 

and routine maintenance of the U.S.S. John F. Kennedy. 

The Senate amendment contained a provision (sec. 321) that would authorize $288.0 million in the Operations and Maintenance, 

Navy account from this Act and any other Act for fiscal years 2005 

and 2006, only for the repair and maintenance to extend the life 

of the U.S.S. John F. Kennedy. The provision would prohibit the 

Secretary of the Navy from reducing the number of active aircraft 

carriers of the Navy below 12 until the later of: (1) 180 days after 

submission of the 2005 Quadrennial Defense Review, as required 

by section 118 of title 10, United States Code; or (2) the date on 

which the Secretary of Defense, in consultation with the Chairman 

of the Joint Chiefs of Staff, certifies to the congressional defense 

committees that agreements have been entered into to provide port 

facilities for the permanent forward deployment of such number of 

aircraft carriers as is necessary in the Pacific Command Area of 

Responsibility. 

The Senate recedes with an amendment that would amend section 5062 of title 10, United States Code, by inserting a new subsection that would require the naval combat forces of the Navy to 

include no less than 12 operational aircraft carriers, and would 

specify that an operational aircraft carrier includes an aircraft carrier that is temporarily unavailable for worldwide deployment due 

to routine or scheduled maintenance or repair. The amendment 

would also authorize up to $288.0 million in the Operations and 

Maintenance, Navy account for repair and maintenance to extend 

the life of the U.S.S. John F. Kennedy. 

Refueling and complex overhaul of the U.S.S. Carl Vinson (sec. 127) 

The House bill contained a provision (sec. 126) that would au- thorize approximately $1.5 billion from the Shipbuilding and Conversion, Navy account as the first increment of the nuclear refueling and complex overhaul (RCOH) of the U.S.S. Carl Vinson. The 

provision would authorize the Secretary of the Navy to enter into 

a contract during fiscal year 2006 for this RCOH, but would also 

require as a condition of this contract that any obligation of the 

United States to make a payment under the contract for a fiscal 

year after fiscal year 2006 is subject to the availability of appropriations. 

The Senate amendment contained a similar provision (sec. 

124). 

The Senate recedes with an amendment that would authorize 

$1.5 billion for the RCOH, but would acknowledge the fact that the 


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contract has already been entered into, using the authority of Public Law 109–104, enacted on November 19, 2005. The amendment 

would also clarify that the $89.0 million made available by Public 

Law 109–104 is part of the $1.5 billion authorized for fiscal year 

2006. 

CVN–78 aircraft carrier (sec. 128) 

The Senate amendment contained a provision (sec. 122) that 

would authorize the Secretary of the Navy to fund the detail design 

and construction of the aircraft carrier designated CVN–78 using 

split funding in the Shipbuilding and Conversion, Navy account in 

fiscal years 2007, 2008, 2009, and 2010. The provision would direct 

that the contract for this ship provide that any obligation of the 

United States to make a payment for a fiscal year after 2006 would 

be subject to the availability of appropriations. 

The House bill contained no similar provision. 

The House recedes with an amendment that would reduce the 

number of years the funding could be split to fiscal years 2007, 

2008, and 2009. 

LHA replacement (LHA(R)) ship (sec. 129) 

The Senate amendment contained a provision (sec. 123) that 

would authorize $325.4 million in the Shipbuilding and Conversion, 

Navy, account in fiscal year 2006 for design, advance procurement, 

advance construction, detail design, and construction for the lead 

ship of the LHA(R) class of vessels. The provision would also approve incremental funding for the lead ship in fiscal years 2007 

and 2008. The provision would also authorize the Secretary of the 

Navy to enter into a contract for design, advance procurement, and 

advance construction for the lead LHA(R) in fiscal year 2006, and 

to enter another contract for the detail design and construction for 

the lead LHA(R) in fiscal year 2006. The provision would provide 

that any obligation of the United States to make a payment under 

these contracts for a fiscal year after 2006 would be subject to the 

availability of appropriations for that purpose for that fiscal year. 

The House bill contained no similar provision. 

The House recedes with an amendment that would lower the 

authorized amount of funds in Shipbuilding and Conversion, Navy, 

to $200.5 million for LHA(R) in fiscal year 2006. 

Report on alternative propulsion methods for surface combatants 

and amphibious warfare ships (sec. 130) 

The House bill contained a provision (sec. 127) that would require the Secretary of the Navy to submit a report to the congressional defense committees not later than the submission of the fiscal year 2007 budget request. The report would include the results 

of a 2005 study, directed by the Chief of Naval Operations, on alternative propulsion methods for Navy surface combatant vessels. 

The provision would require that the report include the study objectives, methodology, description of alternatives, conclusions, and 

the Secretary’s intended actions based on the conclusion of the 

study. 

The Senate amendment contained no similar provision. 


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The Senate recedes with an amendment that would extend the 

date for the submission of the report until November 1, 2006. The 

amendment would also require the contents of the report to examine the life cycle costs of the various alternatives, including nuclear 

power alternatives, in the report. 

The conferees expect the Navy to brief the congressional defense committees on the organization and study plan for the preparation of this report by April 1, 2006. 

Subtitle D—Air Force Programs 

C–17 aircraft program and assessment of intertheater airlift requirements (sec. 131) 

The House bill contained a provision (sec. 131) that would authorize the Secretary of the Air Force to enter into a multiyear contract, beginning with fiscal year 2006, for the procurement of up to 

42 additional C–17 aircraft. 

The Senate amendment contained a provision (sec. 131) that 

would authorize a similar multiyear contract authority, but would 

require the Secretary of Defense to certify to the congressional defense committees that the requirement for up to 42 additional C–

17 aircraft is consistent with the Quadrennial Defense Review 

(QDR) before procuring additional C–17 aircraft under that 

multiyear authority. The Senate amendment would further require 

the Secretary of Defense to carry out an assessment of the intertheater airlift capabilities required to support the national defense 

strategy as part of the QDR. In the assessment, the Secretary of 

Defense would be required to explain how the future airlift force 

structure requirements in the QDR take into account: (1) the increased airlift demands associated with the Army modular brigade 

combat teams; (2) the objective to deliver a brigade combat team 

anywhere in the world within 4 to 7 days, a division within 10 

days, and multiple divisions within 20 days; (3) the increased airlift 

demands associated with the expanded scope of operational activities of the Special Operations Forces; (4) the realignment of the 

overseas basing structure in accordance with the Integrated Presence and Basing Strategy; (5) adjustments in the force structure to 

meet homeland defense requirements; (6) the potential for simultaneous homeland defense activities and major combat operations; 

and (7) potential changes in requirements for intratheater airlift or 

sealift capabilities. The Senate amendment would also encourage 

the Secretary of the Air Force to procure sufficient C–17 aircraft 

to maintain the C–17 production at not less than the minimum 

sustaining rate in the event the Secretary of Defense is unable to 

make the multiyear certification, until sufficient flight test data 

has been obtained to validate the improved C–5 mission capability 

rates used in the Mobility Capabilities Study as a result of the C–

5 Reliability Enhancement and Reengining Program and Avionics 

Modernization Program. 

The House recedes with an amendment that would require the 

Secretary of Defense to provide an additional explanation on how 

the future airlift force structure requirements in the QDR take into 

account the capability of the Civil Reserve Air Fleet to provide adequate augmentation in meeting global mobility requirements. The 


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House amendment would further allow the intratheater airlift assessments to be submitted to the Committees on Armed Services 

of the Senate and the House of Representatives up to 45 days after 

submission of the QDR, if the Department is unable to submit 

them with the budget request. 

Prohibition on retirement of KC–135E aircraft (sec. 132) 

The Senate amendment contained a provision (sec. 132) that 

would prohibit the Secretary of the Air Force from retiring any 

KC–135E aircraft of the Air Force in fiscal year 2006. 

The House bill contained no similar provision. 

The House recedes. 

Prohibition on retirement of F–117 aircraft during fiscal year 2006 

(sec. 133) 

The Senate amendment contained a provision (sec. 134) that 

would prohibit the Secretary of the Air Force from retiring any F– 117 Nighthawk stealth attack aircraft of the Air Force in fiscal 

year 2006. 

The House bill contained no similar provision. 

The House recedes. 

Prohibition on retirement of C–130E/H tactical airlift aircraft during fiscal year 2006 (sec. 134) 

The Senate amendment contained a provision (sec. 135) that 

would prohibit the Secretary of the Air Force from retiring any C– 130E/H tactical airlift aircraft of the Air Force in fiscal year 2006. 

The House bill contained no similar provision. 

The House recedes. 

Procurement of C–130J/KC–130J aircraft after fiscal year 2005 

(sec. 135) 

The Senate amendment contained a provision (sec. 136) that 

would require any C–130J/KC–130J procured after fiscal year 

2005, including any C–130J/KC–130J aircraft procured through a 

multiyear contract continuing in force from a fiscal year before fiscal year 2006, to be procured through a contract under part 15 of 

the Federal Acquisition Regulation, relating to items by negotiated 

contract, rather than through a contract under part 12 of the Federal Acquisition Regulation, relating to acquisition of commercial 

items. 

The House bill contained no similar provision. 

The House recedes. 

Report on Air Force aircraft aeromedical evacuation programs (sec. 

136) 

The Senate amendment contained a provision (sec. 137) that 

would require the Secretary of the Air Force to procure up to two 

aircraft dedicated to the aeromedical evacuation mission and capable of providing nonstop aeromedical evacuations across the Atlantic Ocean. The provision would also authorize $200.0 million in aircraft procurement funds for the procurement and equipping of 

these aircraft. 

The House bill contained no similar provision. 


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The House recedes with an amendment that would require the 

Secretary to submit to the congressional defense committees a report on aeromedical evacuation programs of the Air Force not later 

than 90 days after the date of the enactment of this Act. The report 

should provide a comprehensive evaluation and overall assessment 

of the current aeromedical evacuation program, carried out through 

the use of designated aircraft, compared to the former aeromedical 

evacuation program, carried out through the use of dedicated aircraft. The report would include: (1) a description of challenges and 

capability gaps of the current aircraft aeromedical evacuation program compared to the challenges and capability gaps of the former 

program; (2) a description of possible means by which to best mitigate or resolve the challenges and capability gaps with respect to 

the current program; (3) a specification of medical equipment or 

upgrades needed to enhance the current program; (4) a specification of aircraft equipment or upgrades needed to enhance the current program; (5) a description of the advantages and disadvantages of the current program compared to the advantages and disadvantages of the former program; (6) a cost comparison analysis 

of the current program compared to the former program; and (7) 

a description of the manner in which customer feedback is obtained 

and applied to the current program. 

The conferees agree that transitioning from a dedicated aircraft aeromedical evacuation (AE) program to a designated aircraft 

AE program is not without challenges, some of which are annotated in the Senate report accompanying S. 1042 (S. Rept. 109–69) 

of the National Defense Authorization Act for Fiscal Year 2006. 

Therefore, the conferees encourage the Secretary to address in the 

report all challenges and capability gaps related to the designated 

aircraft AE program and to outline explicitly the manner in which 

those challenges and capability gaps will be resolved. Furthermore, 

if the Secretary determines from the results of the report that dedicated AE aircraft are needed to augment the current AE program, 

the conferees encourage the Air Force to consider basing those aircraft at locations that have previous expertise in performing the 

dedicated aircraft AE mission. 

Subtitle E—Joint and Multiservice Matters 

Requirement that tactical unmanned aerial vehicles use specified 

standard data link (sec. 141) 

The House bill contained a provision (sec. 141) that would direct the Secretary of Defense to ensure that all service tactical unmanned aerial vehicles (UAV) be equipped with the standard tactical UAV data link known as the Tactical Common Data Link 

(TCDL) and configured to data formats consistent with the architectural standard for tactical UAVs, known as STANAG 4586. The 

provision would not allow the Department of Defense to expend 

funds on tactical UAVs that do not include the TCDL or STANAG 

4586 standards. Finally, the provision would direct the secretary of 

each military department to submit a report to Congress providing 

the Secretary’s certification as to whether or not all tactical UAVs 

are in compliance with the standard data link. 

The Senate amendment contained no similar provision. 


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The Senate recedes with an amendment that would clarify the 

House provision by providing the Undersecretary of Defense for Acquisition, Technology, and Logistics (USD(AT&L)) with the authority to waive the standards directed in this provision, if the 

USD(AT&L) determines and certifies to the congressional defense 

committees that it would not be technologically feasible or economically acceptable to integrate a tactical data link into a specific tactical UAV. 

The conferees understand that there is a class of UAVs, such 

as the Marine Corps Dragon Eye UAV and the Army Raven UAV, 

that are not large enough to carry the equipment required to integrate the TCDL standard. The conferees believe that the TCDL 

standard should be applied to all UAVs to the maximum extent 

possible. 

Limitation on initiation of new unmanned aerial vehicle systems 

(sec. 142) 

The House bill contained a provision (sec. 142) that would preclude procurement of new unmanned aerial vehicle (UAV) systems 

by the military services without the written approval of the Under 

Secretary of Defense for Acquisition, Technology and Logistics 

(USD(AT&L)). 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would exempt 

UAV programs under contract as of the date of enactment of this 

Act or for which funds have been appropriated for procurement before the date of enactment of this Act from the requirement to have 

written approval from the USD(AT&L). 

Advanced SEAL Delivery System (sec. 143) 

The Senate amendment contained a provision (sec. 151) that would direct no amount of the $71.7 million authorized to be appropriated for advance procurement of the Advanced SEAL Delivery 

System (ASDS) in fiscal year 2006 be expended until after a favorable Milestone C decision. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment that would restructure the program. On 22 November 2005, the U.S. Special Operations Command (SOCOM) announced and briefed the conferee’s 

staff on a decision to restructure the ASDS program. The restructuring would focus on improving the reliability of the first boat, 

which was delivered to the Navy in June 2003. The ASDS Reliability Action Panel, comprised of government and industry technical experts, recommended restructuring the program. 

The conferees commend the decision by SOCOM to focus on developing an operationally reliable first boat. The conferees have expressed their concern about technical challenges, contractor performance, and cost growth that have occurred in the ASDS program for several years, and have urged SOCOM, the Department 

of the Navy, and the Secretary of Defense to take a stronger management role with regard to the program. 

The original program budget request has been reduced by 

$32.0 million. The restructuring reallocates an additional $21.0 

million to research and development, an additional $10.1 million to 


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operations and maintenance, and a reduction of $63.0 million in 

procurement. The conferees agree to authorize the restructured 

program, with some modifications. Although the restructured budget request included $11.0 million to fabricate and test one set of 

universal pylons for use on the Virginia-Class and Ohio-Class 

SSGN submarines, the conferees believe this is premature as the 

command expects the critical system review of the boat to take at 

least 1 year. 

In addition, the conferees are not confident that the command 

will be able to conduct the additional field testing for the first boat 

now planned for fiscal year 2006. Therefore, the conferees direct 

that no amount of the $10.1 million increase in operation and 

maintenance funds authorized to be appropriated be obligated or 

expended until the Secretary revalidates to the congressional defense committees the requirement for the ASDS. 

The conferees further direct the Secretary to submit a report 

on the conclusions of the Quadrennial Defense Review concerning 

the ASDS; the number of boats required and the manner of their 

employment; an updated cost estimate for the ASDS program; and 

a timeline for addressing the technological challenges faced by the 

program by March 1, 2006. Furthermore, the conferees direct that 

the Secretary report the conclusions of the ongoing critical systems 

review being conducted by the command to the congressional defense committees by January 1, 2007. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Authorization of two additional Arleigh Burke-class destroyers 

The House bill contained a provision (sec. 125) that would authorize $2.5 billion in Shipbuilding and Conversion, Navy, for the 

construction of two additional Arleigh Burke-class destroyers, 

which would be constructed under a single, competitively awarded 

contract. 

The Senate amendment contained no similar provision. 

The House recedes. 

The outcome is reflected in the tables of this report in Shipbuilding and Conversion, Navy, line 14. 

C–37B aircraft 

The Senate amendment contained a provision (sec. 138) that 

would authorize an increase of $45.0 million for the procurement 

of one C–37B aircraft for the Air Force. 

The House bill contained no similar provision. 

The Senate recedes. 

The conference outcome is reflected in the tables of this report 

in Aircraft Procurement, Air Force, line number 36. 

Contingent transfer of additional funds for CVN–21 carrier replacement program 

The House bill contained a provision (sec. 129) that would direct the transfer of $86.7 million from Operations and Maintenance, Defense-wide, to Shipbuilding and Conversion, Navy, for the 

purpose of accelerating the CVN–21 aircraft carrier replacement 

program. The provision would direct this transfer only if the DirecVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00563 Fmt 6601 Sfmt 6601 E:\HR\OC\HR360.XXX HR360

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tor, Program Analysis and Evaluation, of the Department of Defense, certifies that this addition of $86.7 million would allow the 

construction of CVN–21 to begin in fiscal year 2007, and would be 

limited to those amounts appropriated for fiscal year 2006. 

The Senate amendment contained no similar provision. 

The House recedes. 

Contract requirement for Objective Individual Combat Weapon—increment one 

The House bill contained a provision (sec. 116) that would require the Secretary of the Army to ensure that the contractor for 

the Objective Individual Combat Weapon—increment one (OICW– 1) is selected through a full and open competition. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conferees understand that the Army has terminated the 

existing competition and requests for proposal (RFP) for the 

OICW–1 program until further review by the Joint Requirements 

Oversight Council (JROC). The conferees are aware the JROC expects to convene to complete the Joint Capabilities Integration and 

Development System process for the OICW–1 capability development document sometime in fiscal year 2006 to be followed by an 

RFP that reflects OICW–1 requirements. The conferees expect that 

any new competition for the OICW program be conducted in a fair 

and open manner. Upon completion of the review by the JROC, the 

conferees direct the Secretary of the Army to submit a detailed report, to the congressional defense committees, that would outline 

the path forward for the OICW program. The report should include: 

(1) the planned acquisition strategy in meeting any new requirements as set forth by the JROC; (2) the cost and schedule impacts, 

if any, to the OICW—increment two and three programs based on 

validated JROC requirements; and (3) the results of analysis of alternatives used in the JROC and Army’s decision-making process. 

Rapid intravenous infusion pumps 

The Senate amendment contained a provision (sec. 125) that 

would authorize $1.0 million for the procurement of rapid intravenous pumps for the Marine Corps. 

The House bill contained no similar provision. 

The Senate recedes. 

The conference outcome is reflected in the tables elsewhere in 

this report in Procurement, Marine Corps, line number 78. 

Second source for production and supply of tires for the Stryker 

combat vehicle 

The Senate amendment contained a provision (sec. 116) that 

would require the Secretary of the Army to conduct a study on the 

feasibility and costs and benefits for the second source for the production and supply of tires for the Stryker combat vehicle. 

The House bill contained no similar provision, but did contain 

funding in Procurement of Weapons and Tracked Combat Vehicles, 

Army, to qualify a second source for the production and supply of 

tires for the Stryker combat vehicle. 

The Senate recedes. 


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The conferees recognize that tires are currently the highest 

sustainment demand item for the Stryker. The majority of tire failures are being caused by wear-out from high operational tempo; 

from increased pressure due to the weight associated with the addition of Slat add-on armor for protection against rocket propelled 

grenades; and damage from improvised explosive devices attacks. 

The conferees direct the Secretary of the Army to submit a report 

to the congressional defense committees, no later than 90 days 

after the enactment of this Act, that would evaluate Stryker tire 

availability and the need, if any, to qualify a second source for the 

tires of the Stryker vehicle. 

UH–60 Black Hawk helicopter procurement in response to attrition 

The Senate amendment contained a provision (sec. 105) that would authorize $40.6 million for the procurement of two additional 

helicopters that were attrited in fiscal year 2006. 

The House bill contained no similar provision. 

The Senate recedes. 

The conference outcome is reflected in the tables of this report 

in Aircraft Procurement, Army, title XV. 

Use of Tanker Replacement Transfer Fund for modernization of aerial refueling tankers 

The Senate amendment contained a provision (sec. 132) that 

would allow funds in the Tanker Replacement Transfer Fund to be 

used for the modernization of existing aerial refueling tankers, in 

addition to using the funds for a tanker acquisition program, if the 

modernization of those aircraft is consistent with the results of the 

analysis of alternatives for meeting the aerial refueling requirements of the Air Force. 

The House bill contained no similar provision. 

The Senate recedes. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND 

EVALUATION 

Research, Development, Test, and Evaluation overview 

The budget request for fiscal year 2006 included an authoriza- tion of $69,356.0 million in Research and Development for the Department of Defense. The House bill would authorize $69,469.0 million. 

The Senate amendment would authorize $69,840.6 million. 

The conferees recommend an authorization of $70,199.9 million. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 


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Army 

Research, Development, Test, and Evaluation, Army overview 

The budget request for fiscal year 2006 included an authoriza- tion of $9,733.8 million in Research, Development, Test, and Evaluation, Army for the Department of Defense. The House bill would authorize $9,777.4 million. 

The Senate amendment would authorize $9,739.8 million. 

The conferees recommend an authorization of $10,036.0 million. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 


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Navy 

Research, Development, Test, and Evaluation, Navy overview 

The budget request for fiscal year 2006 included an authoriza- tion of $18,038.0 million in Research, Development, Test, and Evaluation, Navy for the Department of Defense. The House bill would authorize $18,022.1 million. 

The Senate amendment would authorize $18,410.4 million. 

The conferees recommend an authorization of $18,581.4 million. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 


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Advanced submarine system development 

The budget request included $163.0 million in PE 63561N for 

advanced submarine system development. Of this amount, $50.0 

million is for the design of a future undersea superiority system. 

The House bill would authorize the budget request. 

The Senate amendment would authorize $123.0 million in PE 

63561N, a decrease of $40.0 million since no specific plans on the 

use of these funds had been provided to the committee. 

The conferees agree to authorize $163.0 million in PE 63561N, 

the budget request. The Navy has provided a detailed plan on the 

use of these funds. The objectives of this plan include: (1) reduce 

long-term costs in the construction of Virginia-class submarines; (2) 

perform ship concept studies; (3) perform independent studies of 

the submarine design and build base; and (4) identify submarine 

construction cost drivers and develop improved submarine cost 

models. The conferees would expect that the funds authorized for 

the undersea superiority system would be used in a manner consistent with the plan that was presented. 

Air Force 

Research, Development, Test, and Evaluation, Air Force overview 

The budget request for fiscal year 2006 included an authorization of $22,612.4 million in Research Development, Test, and Evaluation, Air Force for the Department of Defense. 

The House bill would authorize $22,418.2 million. 

The Senate amendment would authorize $22,653.6 million. 

The conferees recommend an authorization of $22,305.0 million. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 


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Transformational satellite communications 

The budget request included $835.8 million in PE 63845F for 

transformational military satellite communications (TSAT). The House bill would authorize $435.8 million in PE 63845F, 

a decrease of $400.0 million. 

The Senate amendment would authorize $635.8 million in PE 

63845F, a decrease of $200.0 million. 

The conferees agree to authorize $435.8 million in PE 63845F, a decrease of $400.0 million for the TSAT program. 

The conferees would like to be clear that the reduction to the 

amount requested for the TSAT program should not be construed 

as a lack of support for the program, but rather a reflection of continuing concerns related to the TSAT acquisition approach. Several 

independent reviews of the TSAT program, some prompted by Congress, provide reason to believe the TSAT program can, with proper 

attention, avoid the pitfalls of so many prior military space programs including schedule delays, cost overruns, and poor management. 

The October 20, 2005 report of the TSAT Program Review 

Group, chaired by Mr. Tom Young, complimented the TSAT program both for its comprehensive risk reduction program focused on 

critical technologies, and for efforts to assure that final requirements are executable and consistent with program resources. Of 

continuing concern to the group, however, was that the TSAT program office was inadequately staffed in terms of the number of experienced people, program cost estimates appeared to be unrealistic, and system requirements needed substantial additional refinement. Similarly, the Government Accountability Office, in its 

September 7, 2005, briefing to congressional staff on TSAT, found 

there to be ‘‘no fundamental discoveries or breakthroughs required 

for TSAT, but the level of difficulty in integrating these technologies is an unknown.’’ According to Air Force estimates, the $400.0 million reduction 

to the TSAT program recommended by the conferees will result in 

a delay to the systems design review and authority to proceed by 

1 year. The conferees believe this schedule adjustment could help 

mitigate program risk by allowing time for the integration of critical technologies, refinement of requirements, and allow the TSAT 

program office time to get fully staffed. The conferees also emphasize the importance of risk reduction and system engineering efforts up front and strongly urge the Air Force to ensure adequate 

support for these efforts. With these changes, the TSAT program 

has the opportunity to be the first military space program in a decade to meet mission requirements within budget and on schedule. 

The conferees assessed the need to direct the Department of 

Defense to acquire a fourth Advanced Extremely High Frequency 

(AEHF) space vehicle, and have decided to continue with the current planned program. The decision resulted from the conclusion 

that the planned constellation will provide protected communications until 2017. The launch of the first TSAT is expected in 2015 

and provides a 2 year margin to mitigate against any additional 

unexpected delays to TSAT. However, the conferees direct the Secretary of Defense, as required in section 912, to prepare alternatives should the current margin disappear, and to identify when 


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acquisition of an additional AEHF would have to be initiated to 

avoid a break in production. 

Space Radar 

The budget request included $225.8 million in PE 63858F for 

Space Radar. 

The House bill would authorize $100.0 million in PE 63858F, 

a decrease of $125.8 million. 

The Senate amendment would authorize $150.8 million in PE 

63858F, a decrease of $75.0 million. 

The conferees agree to authorize $100.0 million in PE 63858F, 

a decrease of $125.8 million. 

The conferees direct that fiscal year 2006 program funds be invested in the demonstration of the following: 

(1) ground exploitation capability; 

(2) horizontal integration; 

(3) continued radar technology maturation; and 

(4) new technology breakthroughs that will lower the payload weight and cost. 

The conferees recommend that the Air Force thoroughly plan 

a demonstration program maximizing the use of ground, airborne, 

and existing space assets before committing to the new development of a subscale spacecraft. The conferees direct the Secretary of 

the Air Force, in coordination with the Director of the National 

Geospatial Intelligence Agency and the Director of the National Reconnaissance Office, to develop and submit a report to the congressional defense committees and congressional intelligence committees by March 15, 2006. The report should cover fiscal years 2006 

through 2010 and include a detailed space radar program plan that 

would incorporate the above direction and focus on: (1) risk reduction, modeling, and simulation; (2) ground and air demonstrations 

and tests; and (3) the use of all planned or existing space assets. 

The Space Radar program plan, as reported to Congress, should 

provide annual technical and cost milestones that if met will provide confidence in a technically feasible and affordable program 

plan for space radar. 

The nation requires a radar capability, and its users will have 

little concern about which platform collects the data. The conferees 

believe that the future success and stability of the space radar program rests in the demonstration, development, and deployment of 

a national radar capability consisting of fully integrated space, air, 

and surface components. As such, the conferees direct the Secretary of Defense and the Director of National Intelligence to perform a detailed national utility study; develop a joint concept of operations for a future horizontally integrated radar capability highlighting the use of the suggested components; and submit a report 

to the congressional defense committees and congressional intelligence committees by November 1, 2006, on the utility study and 

the concept of operations. 

Additional direction is contained in the classified annex to this 

report. 


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Penetrator study 

The budget request included no funding in PE 64327F for the 

Hard and Deeply Buried Target Defeat system. 

The House bill would authorize an increase of $4.0 million in 

PE 64327F for a penetrator study. 

The Senate amendment contained no similar authorization. 

The conferees agree to authorize $4.0 million in PE 64327F to 

conduct a sled test and a study on the physics of penetrating geologic media, to be completed by the end of fiscal year 2006. 

E–8C joint surveillance and target attack radar system reengining 

The budget request included $15.5 million in aircraft procurement for E–8C joint surveillance and target radar system 

(JointSTARS) modifications and $78.1 million for JointSTARS research and development, but included no funding for reengining of 

the JointSTARS aircraft fleet. 

The House bill would authorize the budget request. 

The Senate amendment would authorize the budget request for 

research and development, and an increase of $44.4 million in aircraft procurement to complete the non-recurring engineering (NRE) 

activities required to initiate a reengining program for the E–8C 

aircraft fleet. 

The conferees agree to authorize the budget request in aircraft 

procurement, and an increase of $13.5 million in research and development, as included in the Air Force Chief of Staff’s unfunded 

priority list for fiscal year 2006, to begin the NRE activities required to initiate a reengining program for the E–8C aircraft fleet. 

The conferees encourage the Secretary of the Air Force to complete 

funding of the NRE in the fiscal year 2007 budget request. 

The conferees note that in January 2005 the Under Secretary 

of Defense for Acquisition, Technology, and Logistics announced the 

Department of Defense’s intent to request quotes from industry on 

the costs to purchase or lease new engines and understand that the 

Department has completed evaluation of these quotes. If leasing 

new engines is the recommended alternative, the conferees expect 

the Secretary of the Air Force to propose an appropriate leasing arrangement that complies with the Office of Management and Budget guidance to implement this recommendation. 

Defense-wide 

Research, Development, Test, and Evaluation, Defense-wide overview 

The budget request for fiscal year 2006 included an authorization of $18,803.4 million in Research, Development, Test, and Evaluation, Defense-wide for the Department of Defense. 

The House bill would authorize $19,092.8 million. 

The Senate amendment would authorize $18,868.3 million. 

The conferees recommend an authorization of $19,108.9 million. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 


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Ballistic missile defense 

The budget request included $7.8 billion for the Missile Defense Agency for ballistic missile defense. 

The conferees agree to authorize $7.8 billion for ballistic missile defense. 

The conferees note that while fully funding the budget request 

level for missile defense, funds were reallocated from longer-term 

efforts in order to enhance the testing, fielding, and improvement 

of the current generation of missile defense capabilities. The conferees believe the most important mission for the Missile Defense 

Agency (MDA) at this time is to successfully develop, field, and improve those initial capabilities selected for deployment by the President in December 2002, including: ground-based interceptors, seabased interceptors, additional Patriot (PAC–3) units, and sensors 

based on land, sea, and in space. The conferees direct the Director 

of the Missile Defense Agency to provide a report to the congressional defense committees by January 30, 2006, indicating specifically how the increases noted below will be allocated. 

Ground-based midcourse defense 

The budget request included $2.3 billion in PE 63882C for the 

ground-based midcourse defense (GMD) segment. 

The House bill would authorize an increase of $125.0 million 

in PE 63882C for the GMD segment. 

The Senate amendment would authorize an increase in $100.0 

million in PE 63882C for the GMD segment. 

The conferees agree to authorize $2.4 billion in PE 63882C for 

the GMD segment, an increase of $100.0 million. 

The conferees direct that this increase be used for implementing the recommendations of the Independent Review Team 

and the Mission Readiness Task Force to enhance the GMD testing 

program. 

Aegis ballistic missile defense 

The budget request included $836.0 million in PE 63882C for 

Aegis ballistic missile defense (BMD). 

The House bill would authorize an increase of $45.0 million in 

PE 63882C for Aegis BMD. 

The Senate amendment would authorize an increase of $75.0 

million in PE 63882C for Aegis BMD. 

The conferees agree to authorize $911.0 million in PE 63882C 

for Aegis BMD, an increase of $75.0 million. 

The conferees direct this increase be used for the following activities: (1) enhanced development and production of the Aegis 

BMD signal processor; (2) purchase of additional test equipment 

necessary to accelerate SM–3 production rates; (3) accelerated integration of the two-color seeker for the SM–3 kill vehicle; (4) longlead funding for additional SM–3 missiles; (5) development of the 

throttleable divert and attitude control system; and (6) accelerated 

implementation of the engage-on-remote and launch-on-remote upgrades. 


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Ballistic missile defense system interceptor 

The budget request included $229.7 million in PE 63886C for 

the ballistic missile defense (BMD) system interceptor. 

The House bill would authorize the budget request. 

The Senate amendment would authorize a decrease of $50.0 

million in PE 63886C for the BMD system interceptor. 

The conferees agree to authorize $179.7 million in PE 63886C, 

a decrease of $50.0 million for the BMD system interceptor. 

The conferees are aware that the Kinetic Energy Interceptor 

(KEI) program has been restructured by the MDA to serve as risk 

mitigation for the primary boost-phase missile defense system, the 

Airborne Laser (ABL). As such, the conferees believe the funding 

request for KEI to be excessive and recommend remaining funds be 

directed toward reducing high-risk technology challenges. By continuing to address these technology challenges, the KEI program 

can remain in a position to become the focus of MDA boost-phase 

efforts should the ABL program fail to perform as expected. 

Tactical exploitation of innovative sensors 

The budget request included no funding for a joint program between the Naval Air Systems Command (NAVAIR) and the National Geospatial-Intelligence Agency (NGA) to support experimentation with innovative sensors in a tactical environment. The 

NAVAIR and the NGA have decided that a partnership to accelerate development and fielding of transformational capabilities to 

both the NGA and the Navy Department would be beneficial. 

The House bill would authorize an increase of $15.0 million in 

PE 35102BQ to support this program. 

The Senate amendment would authorize the budget request. 

The conferees agree to authorize the budget request. 

However, the conferees view this program as a promising start 

for accelerating development and fielding on innovative sensors for 

supporting tactical operations. The conferees support this partnership as part of a broader effort to improve collection, tasking, processing, exploitation, and dissemination activities for enhancing support to such operations. Therefore, the conferees urge the NGA and 

the NAVAIR to continue this collaboration and expand their efforts 

to additional concept developments. 

Test and Evaluation 

Operational Test and Evaluation, Defense overview 

The budget request for fiscal year 2006 included an authorization of $168.5 million in Operational Test and Evaluation, Defense 

for the Department of Defense. 

The House bill would authorize $168.5 million. 

The Senate amendment would authorize $168.5 million. 

The conferees recommend an authorization of $168.5 million. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 


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ITEMS OF SPECIAL INTEREST

Fuel Cell Vehicles 

The conferees are aware that the Army’s National Automotive 

Center has taken steps to develop and deploy fuel cell powered vehicles as a means to increase fuel efficiency, minimize thermal and 

noise signature, and provide mobile power on the battlefield. The 

conferees further understand that the Army is developing fuel cell 

powered vehicles to support special operations missions. The conferees direct the Army to provide the Committees on Armed Services of the Senate and of the House of Representatives with a 

progress report on the development and deployment of these vehicles no later than April 1, 2006. 

Joint Service Combat Feeding Technology 

The conferees note that the Joint Service Combat Feeding 

Technology Demonstration program matures and demonstrates advanced techniques for the preparation and processing of combat rations. The conferees note that this research effort supports the 

goals of Army transformation by working to develop combat feeding 

technology with the potential to reduce logistics burdens, while improving the quality of food service for deployed troops. The conferees urge the Department of Defense to continue to adequately 

support research efforts in this area. 

Report on naval surface fire support 

The conferees are concerned about whether sufficient capability for naval surface fire support exists to support joint operations. The conferees direct the Secretary of the Navy to submit a 

report to the congressional defense committees no later than April 

1, 2006, on the Navy’s capabilities to meet the joint force requirement for naval surface fire support. The conferees would expect the 

Secretary to take into account, in the preparation of this report, the 

views and recommendations of the Chief of Naval Operations and 

the Commandant of the Marine Corps, and direct the Secretary to 

include these written views and recommendations as attachments 

to the report. At a minimum, the report will include: (1) an analysis of the current capability to support expeditionary operations in 

the littorals with existing naval surface fire support; (2) a discussion of the alternatives available, including known research and development projects, to maintain or increase naval surface fire support capabilities within the future years defense program (FYDP), 

and within the 10 years following the FYDP; and (3) an estimate 

of the resources that would be required to accelerate promising 

near-term technologies that would enhance naval surface fire support. 

Slow rotor concept 

The conferees are aware of preliminary efforts to develop a 

heavy-lift, long-range, high-speed aircraft capable of operating from 

unimproved locations. The conferees encourage the Army to assess 

the value of slow rotor concepts, which could improve logistics and 

flexible basing options in support of combat operations. 


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LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Authorization of Appropriations 

Authorization of appropriations (sec. 201) 

The House bill contained a provision (sec. 201) that would authorize the recommended fiscal year 2006 funding levels for the Research, Development, Test, and Evaluation accounts for the Army, 

Navy, Marine Corps, Air Force, Defense-wide activities, and the Director of Operational Test and Evaluation. 

The Senate amendment contained a similar provision (sec. 

201). 

The conference agreement includes this provision. 

Amount for defense science and technology (sec. 202) 

The House bill contained a provision (sec. 202) that would authorize $11,436.6 million for defense science and technology (S&T) 

programs. 

The Senate amendment contained a similar provision (sec. 202) 

that would authorize $10,990.6 million for defense S&T programs. 

The conferees agree to authorize $11,363.0 million for S&T 

programs, an increase of $840.9 million over the budget request. 

The conferees are aware of recent studies on the role of basic 

science, and particularly defense basic research, in maintaining 

U.S. competitiveness and national security. The conferees have authorized an increase of over $75.0 million for defense basic research, including an increase of $10.0 million for the Science, 

Mathematics, and Research for Transformation scholarship program and $30.0 million for competitively-awarded university research programs within the military departments and computer 

science programs at DARPA. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Annual Comptroller General report on Future Combat Systems program (sec. 211) 

The House bill contained a provision (sec. 211) that would establish an annual review of the Future Combat Systems program 

by the Comptroller General to be submitted to the congressional 

defense committees by March 15 of each year. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Contract for the procurement of the Future Combat System (FCS) 

(sec. 212) 

The Senate amendment contained a provision (sec. 211) that 

would direct the Secretary of the Army to procure the Future Combat System through a contract under part 15 of the Federal Acquisition Regulation, rather than through a transaction under section 

2371 of title 10, United States Code. 

The House bill contained no similar provision. 

The House recedes. 


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Limitations on systems development and demonstration of manned 

ground vehicles under Armored Systems Modernization program (sec. 213) 

The House bill contained a provision (sec. 213) that would require the Secretary of Defense to complete an independent analysis 

and to submit a report to the congressional defense committees by 

February 1, 2006, on the Future Combat Systems (FCS) key performance parameter transportability requirement for the manned 

ground vehicles (MGV). The House bill also contained a provision 

(sec. 215) that would prohibit the use of any funds for MGV systems development and demonstration (SDD) until the objective requirements for those vehicles with respect to lethality and survivability have been met and demonstrated in a relevant environment 

to be at least equal to the lethality and survivability for the MGV 

to be replaced by such ground vehicles. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would limit funds 

available for the MGV SDD until the following is provided to the 

congressional defense committees: 

(1) The Secretary of Defense certifies that the threshold requirements for MGV variants with respect to lethality and survivability have been met and demonstrated, in accordance with 

applicable regulations, in a relevant environment to be at least 

equal to the lethality and survivability for the MGV to be replaced by those variants; 

(2) the Secretary of Defense submits the results of an independent analysis carried out with respect to the transportability requirement for the MGV under the FCS program; 

(3) the Under Secretary of Defense for Acquisition, Technology, and Logistics submits the results of an independent 

cost estimate, prepared by the cost analysis improvement 

group of the Office of the Secretary of Defense, with respect to 

the FCS program; 

(4) the Secretary of the Army submits a report containing 

the organizational design, quantities, and fielding plans for 

each of the current force brigade combat teams and FCS brigade combat teams; the research, development, test, and evaluation and procurement plan; and budgets for each of the FCS 

MGV variants; and 

(5) the Secretary of Defense submits a report describing 

and evaluating the requirements and budgets of the Army 

technology insertion program for integrating FCS capabilities 

into the current force. 

With regard to the certification of the threshold requirements 

for the survivability and lethality of the FCS MGV, the conferees 

believe that the Secretary of Defense should be able to demonstrate 

those capabilities in accordance with applicable regulations, to include, but not limited to, using modeling and simulation. The conferees expect the Secretary of Defense to include the views of the 

Chief of Staff of the Army in the report on his certification to Congress. 


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Separate program elements required for significant systems development and demonstration projects for Armored Systems Modernization program (sec. 214) 

The House bill contained a provision (sec. 214) that would 

specify the amount authorized for appropriation in section 201 for 

the Armored Systems Modernization program. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would (1) direct 

the Secretary of Defense to ensure that, beginning with the fiscal 

year 2008 budget submission, a separate, dedicated program element is assigned to each of the systems development and demonstration (SDD) projects of the Armored Systems Modernization; 

(2) direct the Secretary of the Army to submit, beginning with the 

fiscal year 2007 budget submission, budget justification material 

for the SDD projects of the Armored Systems Modernization program as if the projects were separate program elements; (3) direct 

the Secretary of the Army to submit to the congressional defense 

committees not later than June 1, 2006, a report describing the 

manner in which the costs of integrating Future Combat Systems 

(FCS) capabilities into the current force could be assigned to a separate program element; and (4) submit budget justification material for the insertion of FCS capabilities into the current force 

under the Armored Systems Modernization program. 

Initiation of program to design and develop next-generation nuclear 

attack submarine (sec. 215) 

The House bill contained a provision (sec. 217) that would require the Secretary of the Navy to carry out a program to design 

and develop a class of submarines that would serve as a successor 

to the Virginia-class. The objective of the provision would be to develop a submarine with capabilities meeting or exceeding those of 

the Virginia-class at a dramatically lower cost, with procurement 

commencing in fiscal year 2014. The provision would require the 

Secretary to submit a report on this program, with the submission 

of the budget request for fiscal year 2007, that would include: (1) 

an outline of the management approach to be used in executing the 

program; (2) the goals for the program; and (3) a schedule for the 

program. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

Secretary to initiate a cost-effective program to improve the capability of the next-generation nuclear attack submarine. The amendment states that the objective of the program may be met either 

by establishing a separate and independent design and development effort or by incorporating new technologies into the planned 

fleet of Virginia-class submarines. The amendment would also require the Secretary to recommend a schedule for the program, but 

would remove the requirement for the program to begin procurement in fiscal year 2014. 

Extension of requirements relating to management responsibility for 

naval mine countermeasures programs (sec. 216) 

The House bill contained a provision (sec. 218) that would 

amend section 216 of the National Defense Authorization Act for 


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Fiscal Years 1992 and 1993 (Public Law 102–190; Public Law 102– 484), as most recently amended by section 212 of the Bob Stump 

National Defense Authorization Act for Fiscal Year 2003 (Public 

Law 107–314). The provision would extend the requirement for the 

reporting on the naval mine countermeasures programs from 2008 

until 2011, and make certain other changes to the management of, 

and reporting on, the program. The provision would also require 

the Secretary of Defense to submit a plan for the sustainment of 

the MHC–51–class mine countermeasures ship and supporting 

dedicated mine countermeasures systems until the Littoral Combat 

Ship (LCS) and next generation mine countermeasures systems are 

deployed. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would remove the 

requirement for sustainment of the MHC–51 mine countermeasures vessels until the LCS and next generation mine countermeasures systems are deployed. Instead, the amendment would 

prohibit the Secretary of the Navy from decommissioning any vessel of the MHC–51 mine countermeasures class before the end of 

its service life, until 30 days after submitting a report on existing 

capabilities to assume the MHC–51 mission, and certifying that the 

capabilities of the MHC–51 mine countermeasures class are no 

longer required. 

Single set of requirements for the Army and Marine Corps heavy lift 

rotorcraft program (sec. 217) 

The House bill contained a provision (sec. 219) that would prohibit a new program start for a heavy lift helicopter until the Secretary of the Army and the Secretary of the Navy develop a single, 

common Joint Heavy Lift (JHL) requirement approved by the Joint 

Requirements Oversight Council (JROC) and the Secretary of Defense. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would exclude 

the CH–53X Heavy Lift Replacement (HLR) program from the requirement for a single set of requirements for a heavy lift helicopter. The conferees agree that the Army and Marine Corps 

should jointly develop any next generation heavy lift helicopter and 

that the foundation of any such program must focus on a single, 

joint requirement validated by the JROC and approved by the Secretary of Defense. However, the conferees also understand that the 

Army’s JHL concept is centered on a rotorcraft capable of lifting a 

Future Combat System platform, while the Marine Corps’ HLR 

program is intended as a CH–53E replacement. 

Requirements for development of tactical radio communications systems (sec. 218) 

The House bill contained a provision (sec. 220) that would direct the Secretary of Defense to provide a comprehensive report on 

the immediate requirements for tactical radio communications and 

whether these requirements may be satisfied with the purchase of 

legacy radios. The provision would require that the Secretary ensure that Department of Defense (DOD) users rapidly acquire tactical radio communications utilizing existing technologies or maVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00643 Fmt 6601 Sfmt 6601 E:\HR\OC\HR360.XXX HR360

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ture systems readily available in the commercial marketplace; and 

apply DOD Instruction 5000.2 to the Joint Tactical Radio System 

(JTRS) in a manner that does not permit the Milestone B entrance 

requirements to be waived. The provision would also give the JTRS 

Joint Program Executive Officer (JPEO) the authority and control 

of execution year research and development funding for all the 

clusters and the waveform developments for JTRS. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

Secretary to submit the comprehensive report, as required by the 

House provision, and apply DOD Instruction 5000.2 to the JTRS 

program unless the Secretary certifies that the Department is unable to meet critical national security objectives. The amendment 

would also require the head of the JPEO to certify the JTRS program of each of the services and submit a report, no later than 

May 1, 2006, through the Secretary, to the congressional defense 

committees, on the adequacy of the proposed JTRS budget and the 

actions taken to address any inadequacies in the proposed JTRS 

budgets. 

The conferees have supported the JTRS program in the past, 

although the conferees have questioned the JTRS program structure and the inability of the Department to deliver a software programmable radio. The conferees endorse the designation of a JPEO 

for the JTRS program, and believe that the JPEO should have the 

authority to successfully manage a program of this size and cost, 

once the JTRS program is reevaluated and restructured by the Secretary. In the interim, the conferees agree that the JTRS JPEO 

should review and certify the current and proposed service JTRS 

budgets to ensure the programs can meet the requirements of the 

combatant commanders. Although the conferees encourage the Department to procure legacy radios, the conferees also believe that 

interim radio communication capabilities should be evolutionary 

and be able to transition to the long-term system solution with 

maximum hardware and software reuse. 

Limitation on systems development and demonstration of personnel 

recovery vehicle (sec. 219) 

The House bill contained a provision (sec. 221) that would prevent the expenditure of funds for systems development and demonstration of the Personnel Recovery Vehicle (PRV) until 30 days 

after the Secretary of Defense submits to the congressional defense 

committees a certification that the requirements and schedule for 

the PRV have been validated by the Under Secretary of Defense for 

Acquisition, Technology, and Logistics. The provision would also require the Secretary to certify that all technologies required for the 

PRV are mature and demonstrated in a relevant environment, and 

that no other aircraft, or modification of an aircraft, in the Department of Defense can meet the requirements of the PRV. Finally, 

the provision would require the Secretary to provide a statement 

setting forth the independent cost estimate and manpower estimate 

for the PRV. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would allow the 

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able for systems development and demonstration of the PRV pending the submission of a certification by the Secretary that the Joint 

Requirements and Oversight Council has validated the requirement for the PRV program and that the Under Secretary of Defense for Acquisition, Technology, and Logistics has validated the 

acquisition schedule. The amendment would also require the Secretary to provide an explanation of the reasons why the chosen 

PRV system would be more effective or less expensive in terms of 

total life-cycle costs in the event the Department chooses a PRV 

system not in the Department’s inventory. 

Limitation on VXX helicopter program (sec. 220) 

The House bill contained a provision (sec. 227) that would limit 

the obligation of research, development, test, and evaluation funds, 

or procurement funds, for acquisition of pilot production helicopters 

for the VXX helicopter program until the Secretary of the Navy certifies to the congressional defense committees that the results of 

the tests conducted by the fleet of test article helicopters for the 

VXX program demonstrate that VXX helicopters in the VXX mission configuration can be produced without significant further design modification. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would withhold 

25 percent of the amount authorized to be appropriated for the system development and demonstration of the VXX helicopter until 

the Secretary of the Navy submits to the congressional defense 

committees an event-driven acquisition strategy for increment two 

of the VXX program that includes the completion of at least one 

phase of operational testing on production representative test vehicles before the initiation of aircraft production. The provision would 

require that the acquisition strategy be developed by the Secretary 

of the Navy in coordination with the Director of Operational Test 

and Evaluation of the Department of Defense. 

The conferees strongly support the VXX program, but believe 

that the current program schedule for concurrent development and 

production of both three test articles and pilot production helicopters includes too much risk. The conferees understand that existing EH–101 test vehicles are engaged in flight activities, including engine upgrade certification tests, pilot training, mission profile 

evaluation, and communications suite test and evaluation. The conferees also understand that increment one pilot-production aircraft 

will be utilized for specific communications, mission systems, and 

survivability testing; and the procurement and testing of pilot-production aircraft in 2006 will help reduce the risk in increment two. 

The conferees believe that it would be prudent for the Department 

of the Navy to develop an event-driven acquisition strategy that includes (1) a list of the critical technologies required for the production and operation of increment two aircraft for the VXX executive 

helicopter program; (2) a schedule that accepts no more than moderate risk in either cost or schedule for the demonstration and test 

of each critical technology listed in the event-driven acquisition 

strategy; (3) a description of the event-based decision points and 

associated decision criteria that will occur before the initiation of 

production of increment two aircraft; (4) a description of a proposed 


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operational evaluation using production representative test vehicles 

to occur before the initiation of production of increment two aircraft; and (5) an evaluation of the acquisition strategy provided by 

the Director of Operational Test and Evaluation of the Department 

of Defense. 

Report on testing of Internet Protocol version 6 (sec. 221) 

The House bill contained a provision (sec. 216) that would 

mandate the testing of Internet Protocol version 6 (IPv6) by the 

Naval Research Laboratory. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

Chairman of the Joint Chiefs of Staff to certify the adequacy of the 

IPv6 network. The amendment would also require the Director of 

Operational Test and Evaluation be responsible for the oversight of 

the test program. The amendment would further require the Department to submit annual reports to the congressional defense 

committees. 

The conferees note that the recently released IPv6 Master Test 

Plan details a testing plan that consolidates and coordinates all 

planned IPv6 related testing activities across the Department to 

ensure that the highest priority testing requirements are addressed. The conferees direct the Department to ensure that this 

testing is done in an independent, systematic manner and includes 

rigorous, realistic, end-to-end testing of IPv6. The conferees note 

that the Naval Research Laboratory’s Global Information Grid 

Evaluation Facility can perform a significant amount of this mandated testing in an effective and independent manner and should 

be utilized accordingly. 

The conferees are also concerned that the Department has not 

adequately estimated the costs for the transition of Department 

systems to IPv6 and therefore has not budgeted for these costs. The 

conferees note that the Department did not include the overall cost 

estimates required by section 331 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 

108–375) in the IPv6 Transition Plan, although the plan did note 

that ‘‘the availability of ‘new’ dollars to support IPv6 transition is 

not expected.’’ Therefore, the conferees direct the Director of the 

Congressional Budget Office to provide a realistic estimate by service and agency for the cost of completing the conversion of Department systems to IPv6, and report the results to the congressional 

defense committees no later than January 1, 2007. 

Subtitle C—Missile Defense Programs 

Report on capabilities and costs for operational boost/ascent-phase 

missile defense systems (sec. 231) 

The House bill contained a provision (sec. 231) that would require the Secretary of Defense to conduct an assessment of the missile defense programs, which are designed to protect against boost/ 

ascent-phase ballistic missile attacks, and to submit a report to the 

congressional defense committees by October 1, 2006. 

The Senate amendment contained no similar provision. 

The Senate recedes. 


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One-year extension of Comptroller General assessments of ballistic 

missile defense programs (sec. 232) 

The Senate amendment contained a provision (sec. 221) that 

would extend until fiscal year 2007 the requirement for the Comptroller General to provide an assessment of ballistic missile defense 

programs. 

The House bill contained no similar provision. 

The House recedes. 

Fielding of ballistic missile defense capabilities (sec. 233) 

The Senate amendment contained a provision (sec. 222) that 

would authorize the use of funds, authorized to be appropriated for 

fiscal year 2006 or 2007 for research, development, test, and evaluation for the Missile Defense Agency, for the development and 

fielding of ballistic missile defense capabilities. 

The House contained no similar provision. 

The House recedes with a technical amendment. 

Plans for test and evaluation of operational capability of the ballistic missile defense system (sec. 234) 

The Senate amendment contained a provision (sec. 223) that 

would direct the appropriate operational test and evaluation components of the Department of Defense, in coordination with the 

Missile Defense Agency, to prepare a plan to test, evaluate, and 

characterize the operational capability of each block of the missile 

defense system. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Subtitle D—High-Performance Defense Manufacturing Technology 

Research and Development 

High-performance defense manufacturing technology research and 

development (secs. 241–245) 

The Senate amendment contained a set of provisions (secs. 

231–235) that would direct the Department of Defense to undertake research and development on innovative manufacturing processes and disseminate those processes into the defense industrial 

base. 

The House bill contained no similar provision. 

The House recedes with an amendment that would establish a 

pilot program to develop innovative manufacturing processes and 

disseminate them into industry. 

The conferees believe that rapidly developing technology coupled with an increasingly competitive global economic and security 

environment makes the importance of maintaining a robust domestic manufacturing base a continuing national security concern. The 

conferees note that the Defense Manufacturing Technology 

(ManTech) program is a transformational program intended to 

keep the defense manufacturing base on the cutting edge of innovative processes and technologies. The conferees believe that a reinvigorated ManTech program could lead to a stronger defense manufacturing base and enhance our national security. 


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Subtitle E—Other Matters 

Comptroller General report on program element structure for research, development, test, and evaluation projects (sec. 251) 

The House bill contained a provision (sec. 222) that would require the Department of Defense to assign a separate program element for each research, development, test, and evaluation 

(RDT&E) project with estimated expenditures and proposed appropriations of $100.0 million or more over the future years defense 

program. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would direct the 

Comptroller General to conduct a study of the current program element structure. 

The conferees recognize the need for flexibility in planning and 

managing complex RDT&E programs and projects. The program 

element (PE) structure used to budget and allocate resources to 

RDT&E projects was created over 4 decades ago and has not been 

recently evaluated or updated. Congress has required incremental 

adjustments to the budget detail presented by the Department to 

ensure proper oversight, but has become increasingly frustrated 

with the incorrect application of directives in the classification of 

programs and projects by budget activity, the addition of large new 

projects under existing PEs, the resulting lack of transparency in 

planning and budgeting, and reduced visibility into sub-elements 

and projects. 

The study should include an analysis of the current structure 

and content and an assessment of the effectiveness of program element and budget justification materials in providing necessary 

data for congressional oversight and budget transparency. These 

recommendations should balance the needs of Congress, other governmental organizations, and the public to ensure visibility into the 

Department’s budgets and programs with the need for the Department to retain sufficient management flexibility. The report should 

include: (1) recommendations on program element size and content; 

(2) budget justification material content; (3) appropriate reprogramming authorities within and between program elements; and (4) 

recommendations regarding the structure of program elements as 

they relate to highly complex research and development programs, 

particularly those that employ the system of systems concept. The 

report should be submitted to the congressional defense committees 

no later than February 1, 2007, with potential implementation in 

the fiscal year 2009 budget submission. 

Research and development efforts for purposes of small business research (sec. 252) 

The House bill contained a provision (sec. 223) that would establish a pilot program to expand the role of small business concerns in defense acquisition. 

The Senate amendment contained a similar provision (sec. 814) 

that would revise criteria and procedures for identification of Small 

Business Innovation Research (SBIR) topic areas and establish a 

Commercialization Pilot Program to accelerate transition of SBIR 

programs into the acquisition process. 


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The House recedes with an amendment that would modify the 

reporting requirement of this provision. 

Revised requirements relating to submission of Joint Warfighting 

Science and Technology plan (sec. 253) 

The House bill contained a provision (sec. 224) that would require submission of the Joint Warfighting Science and Technology 

plan to Congress every 2 years, rather than annually, and would 

repeal the requirement for the plan to contain technology area review and assessment summaries. 

The Senate amendment contained a similar provision (sec. 

1041). 

The Senate recedes with an amendment that would require 

submission of the technology area review and assessment upon 

completion. 

Report on efficiency of naval shipbuilding industry (sec. 254) 

The House bill contained a provision (sec. 225) that would require the Secretary of the Navy to establish a program, and to provide funds that are made available to: (1) qualified applicants to facilitate and develop innovative design and production technologies 

and processes for naval vessels and the development of modernized 

shipbuilding infrastructure; and (2) private shipyards to facilitate 

their acquisition of such technologies, processes, and infrastructure. 

The provision would outline the purpose of the program, how the 

development funding could be applied for, how the participating entities would be selected, and how the shipyards would incorporate 

the technologies or processes. The provision would also require the 

Secretary to conduct an assessment of certain shipbuilding phases 

at least annually. The provision would provide $100.0 million from 

the Research, Development, Test, and Evaluation, Navy, account in 

fiscal year 2006 to establish this program. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

Secretary to conduct an assessment of the U.S. naval shipbuilding 

industry to determine how worldwide shipbuilding industry best 

practices for innovation, design, and production technologies, processes, and infrastructure could be adopted. The amendment would 

require the assessment to identify those best practices that have 

not been adopted by the U.S. naval shipbuilding industry; estimate 

the costs to adopt and the return on investment by adopting these 

best practices; and any recommendations the Secretary may have 

to increase naval shipbuilding efficiencies. The amendment would 

require this assessment to occur subsequent to, and take into consideration the results of, the study of the cost effectiveness of the 

Navy shipbuilding program required by section 1014 of the Ronald 

W. Reagan National Defense Authorization Act for Fiscal Year 

2005 (Public Law 108–375). The amendment would require the Secretary to submit a report to the congressional defense committees 

by April 1, 2006, which would include the Secretary’s findings and 

conclusions based on this assessment. 


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Technology transition (sec. 255) 

The Senate amendment contained a provision (sec. 242) that 

would clarify the role of the Technology Transition Council. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment that would 

ensure that the required report includes an assessment of the Department of Defense requirements, budgeting and planning process 

on technology transition and modify the deadline for submission of 

the report to not later than 9 months after the enactment of this 

Act. 

Prevention, mitigation, and treatment of blast injuries (sec. 256) 

The Senate amendment contained a provision (sec. 243) that 

would require the Secretary of Defense to designate an executive 

agent to coordinate and manage a comprehensive blast injury prevention, mitigation, and treatment program. The provision would 

require review and assessment of a coordinated, department-wide 

research effort to include: blast characterization; modeling and simulation of safe stand-off distances; explosive detect and defeat capabilities; and armor design and material testing for blast, ballistic, 

and fire protection. The provision would also require support for 

emerging military medical technologies, devices, and treatments 

specific to blast injuries including traumatic brain injury. 

The House bill contained no similar provision. 

The House recedes with an amendment that would revise the 

responsibilities of the executive agent required by this section. The 

amendment would also require the Director, Defense Research and 

Engineering to work in coordination with the executive agent and 

the Director, Joint Improvised Explosive Device Task Force on research for the prevention and mitigation of blast injuries. 

The conferees intend to ensure a focused effort on providing 

the best treatment and protection for U.S. soldiers, sailors, airmen, 

marines, and National Guardsmen as they confront evolving 

threats in unpredictable environments. The Department of Defense 

acquisition system should incorporate emerging health hazards 

data produced by efforts under this section into the human systems 

integration assessments conducted for all acquisition programs. 

Modification of requirements for annual report on DARPA program 

to award cash prizes for advanced technology achievements (sec. 

257) 

The Senate amendment contained a provision (sec. 244) that 

would clarify reporting requirements on utilization of authority 

granted by the National Defense Authorization Act for Fiscal Year 

2000 (Public Law 106–65) to run competitions and award prizes for 

achievements in research and technology development. 

The House bill contained no similar provision. 

The House recedes with technical amendments. 

Designation of facilities and resources constituting the major range 

and test facility base (sec. 258) 

The Senate amendment contained a provision (sec. 245) that 

would update the Bob Stump National Defense Authorization Act 

of Fiscal Year 2003 (Public Law 107–314) to reflect changes in the 


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Test Resource Management Center oversight of major research and 

test facilities. The provision would designate the Secretary of Defense, rather than the Director, Operational Test and Evaluation, 

as the official in charge of major range and test facility designations. 

The House bill contained no similar provision. 

The House recedes. 

Report on cooperation between Department of Defense and National 

Aeronautics and Space Administration on research, development, test, and evaluation activities (sec. 259) 

The Senate amendment contained a provision (sec. 246) that 

would require a joint Department of Defense and National Aeronautics and Space Administration assessment of research, development, test, and evaluation cooperation. 

The House bill contained no similar provision. 

The House recedes with an amendment that would ensure that 

the assessment of space access and operations includes a focus on 

responsive space launch and small satellite development. 

Delayed effective date for limitation on procurement of systems not 

GPS-equipped (sec. 260) 

The Senate amendment contained a provision (sec. 247) that 

would delay the effective date by which the military services must 

complete equipping their forces with the global positioning system 

(GPS) from 2005 to 2007. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

The conferees recognize that the Department of Defense is still 

working toward compliance with section 152(b) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160) 

with regard to equipping all aircraft, ships, armored vehicles, and 

indirect fire systems with GPS capability. The current program 

calls for Army compliance by the end of fiscal year 2007 and for 

Air Force compliance in fiscal year 2015. The conferees believe 

there may not be value added to modifying certain platforms currently planned for modification after 2007. Therefore, the conferees 

direct the Secretary of Defense to perform an assessment of all Department of Defense aircraft, ships, armored vehicles, and indirect 

fire system that will not be equipped with GPS capability by the 

end of fiscal year 2007 to determine whether the operational value 

of modifying each system with GPS is worth the cost of so doing. 

A report of the results of this assessment is due to the congressional defense committees by February 1, 2007. 

Report on development and use of robotics and unmanned ground 

vehicle systems (sec. 261) 

The Senate amendment contained a provision (sec. 248) that 

would require a report on the development and utilization of robotics and unmanned ground vehicle systems. 

The House bill contained no similar provision. 

The House recedes with an amendment to expand and clarify 

the requirements of the report. 


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The conferees note that the Joint Robotics Program (JRP) produces a Joint Robotics Program Master Plan that details JRP activities, progress, and budgets. The conferees intend for the report 

required by this provision to expand on the JRP effort to include 

a detailed description of all the relevant robotics and unmanned 

ground vehicle efforts undertaken by all of the elements of the Department of Defense, as well as other required elements indicated 

in the provision. 

The conferees continue to support the goal established by the 

Floyd D. Spence National Defense Authorization Act for Fiscal 

Year 2001 (Public Law 106–398) that, by 2015, one-third of operational ground combat vehicles be unmanned. The conferees direct 

the Secretary of Defense to provide a cost estimate for research, development, testing, and procurement to achieve this goal along 

with the submission of a report to the congressional defense committees not later than 9 months after the enactment of this Act, 

as required by this provision. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Aging military aircraft fleet support 

The Senate amendment contained a provision (sec. 214) that 

would authorize $4.0 million for technical personnel, facilities, and 

equipment to support the Department of Defense mission in maintaining the aging fleet of military aircraft. 

The House contained no similar provision. 

The Senate recedes. 

The conference outcome is reflected in the tables of this report 

in Research, Development, Test, and Evaluation, Air Force, PE 

63112F. 

Arrow ballistic missile defense system 

The Senate amendment contained a provision (sec. 224) that 

would authorize up to $80.0 million for coproduction of the Arrow 

ballistic missile defense system. 

The House bill contained no similar provision. 

The Senate recedes. 

The conference outcome is reflected in the tables of this report 

in Research, Development, Test, and Evaluation, Defense-wide PE 

63881C. 

Defense basic research programs 

The Senate amendment contained a provision (sec. 219) that 

would authorize $40.0 million for Department of Defense competitively awarded basic research and education programs. 

The House contained no similar provision. 

The Senate recedes. 

The conference outcome is reflected in the tables of this report 

in Research, Development, Test, and Evaluation, Army PE 61103A, 

Navy PE 61103N, Air Force PE 61103F, Defense-wide PE 61101E, 

and Defense-wide PE 61120D8Z. 


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Field programmable gate array 

The Senate amendment contained a provision (sec. 217) that 

would authorize $3.0 million for Air Force research on field programmable gate arrays, a type of microelectronic circuit designed 

to perform various functions without requiring physical changes to 

the chip. 

The House bill contained no similar provision. 

The Senate recedes. 

The conference outcome is reflected in the tables of this report 

in Research, Development, Test, and Evaluation, Air Force PE 

62601F. 

Funding for development of distributed generation technologies 

The Senate amendment contained a provision (sec. 204) that 

would authorize $1.0 million for Army research and evaluation of 

a process for converting propellants into fertilizer. 

The House bill contained no similar provision. 

The Senate recedes. 

The conference outcome is reflected in the tables of this report 

in Research, Development, Test, and Evaluation, Army, PE 

63103A. 

Funding for research and technology transition for high-brightness 

electron source program 

The Senate amendment contained a provision (sec. 203) that 

would authorize $1.5 million for Navy research and transition of 

the high-brightness electron source program to develop novel electronic materials for Navy applications. 

The House bill contained no similar provision. 

The Senate recedes. 

The conference outcome is reflected in the tables of this report 

in Research, Development, Test, and Evaluation, Navy PE 62271N. 

Funding for supersonic cruise missile engine qualification 

The House bill contained a provision (sec. 228) that would authorize $10.0 million for Air Force engine qualification of the supersonic cruise missile. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conference outcome is reflected in the tables of this report 

in Research, Development, Test, and Evaluation, Air Force, PE 

63216F. 

Joint service small arms program 

The Senate amendment contained a provision (sec. 216) that 

would authorize $5.0 million for Army applied research on gun recoil reduction as part of the joint service small arms program. 

The House bill contained no similar provision. 

The Senate recedes. 

The conference outcome is reflected in the tables of this report 

in Research, Development, Test, and Evaluation, Army, PE 

62623A. 


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Long wavelength array low frequency radio astronomy instruments 

The Senate amendment contained a provision (sec. 218) that would authorize $6.0 million for Navy research on the long wavelength array low frequency radio astronomy instrument. 

The House bill contained no similar provision. 

The Senate recedes. 

The conference outcome is reflected in the tables of this report 

in Research, Development, Test, and Evaluation, Navy PE 63114N. 

Medium tactical vehicle modifications 

The Senate amendment contained a provision (sec. 219B) that would authorize an additional $5.0 million for the development and 

prototyping of technologies including off-road active suspension, increased payload capacity, and reduced logistics footprint. 

The House bill contained no similar provision. 

The Senate recedes. 

The conference outcome is reflected in the tables of this report 

in Research, Development, Test, and Evaluation, Army, PE 

64604A. 

Objective requirements for Non-Line-of-Sight Cannon system not to 

be diminished to meet weight requirements 

The House bill contained a provision (sec. 212) that would require the Secretary of Defense to ensure that the objective requirements established for the Non-Line-of-Sight Cannon not be diminished in order to achieve the weight requirements in existence as 

of April 14, 2003. 

The Senate amendment contained no similar provision. 

The House recedes. 

Project Sheriff 

The Senate amendment contained a provision (sec. 219A) that would authorize $10.0 million for the Office of Force Transformation to continue development and testing of Project Sheriff on 

additional Army Stryker vehicles. 

The House bill contained no similar provision. 

The Senate recedes. 

The conference outcome is reflected in the tables of this report 

in Research, Development, Test, and Evaluation, Defense-wide PE 

65799D8Z. 

Renewal of University National Oceanographic Laboratory System 

fleet 

The House bill contained a provision (sec. 226) that would require the Secretary of the Navy to develop a plan for a program 

to construct ships for the University National Oceanographic Laboratory System (UNOLS) fleet. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conferees are concerned with the Navy’s plans to fund the 

construction of academic research vessels in the basic research account in fiscal year 2007. While the Ocean-class research vessel 

provides the Navy with a robust understanding of its battlespace, 

diversion of fundamental science funds to design and construct 


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such ships would adversely affect the goals of the innovative research account and is an inappropriate use for scarce Navy basic 

research funds. The conferees direct the Navy to fund design work 

for future ships in PE 63564N, the Ship Preliminary Design and 

Feasibility Studies program. 

Released with the fiscal year 2006 budget request, the fiscal year 2007 budget projection included $25.0 million for UNOLS ship 

construction. The conferees direct the Navy to request ship construction funds in the Shipbuilding and Conversion, Navy (SCN) 

account. The committee expects that the Navy will continue to use 

the SCN account to provide for the recapitalization of Ocean-class 

research vessels in the future-years defense program. 

Finally, the conferees direct the Navy to update its plan for renewal of the UNOLS fleet to reflect current fiscal realities, schedules, missions, and research priorities. The updated plan should be 

submitted to the congressional defense committees no later than 6 

months after the date of enactment of this Act. 

Required flight-intercept test of ballistic missile defense groundbased midcourse system 

The House bill contained a provision (sec. 232) that would au- thorize $100.0 million above the budget request for the midcourse 

defense segment for one additional flight-intercept test of the 

ground-based midcourse defense system. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conference outcome is reflected in the tables of this report 

in Research, Development, Test, and Evaluation, Defense-wide, PE 

63882C. 

Telemedicine and advanced technology research center 

The Senate amendment contained a provision (sec. 114) that would authorize $1.0 million for the Army to ensure that medical 

records of injured personnel are accurately kept and to enable reliable transfer of records from main triage facilities to local care centers. 

The House bill contained no similar provision. 

The Senate recedes. 

The conference outcome is reflected in the tables of this report 

in Research, Development, Test, and Evaluation, Army PE 63002A. 

Towed array handler 

The Senate amendment contained a provision (sec. 115) that 

would authorize $5.0 million in PE 64503N for the design, development, and test of improvements to the towed array handler. 

The House bill contained no similar provision. 

The Senate recedes. 

The outcome is reflected in the tables of this report in Research, Development, Test, and Evaluation, Navy PE 64503N. 

Warhead/Grenade Scientific Based Manufacturing Technology 

The Senate amendment contained a provision (sec. 215) that 

would authorize $1.0 million for Army investigation of technologies 

in metals forming and machining applications, which could be apVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00655 Fmt 6601 Sfmt 6601 E:\HR\OC\HR360.XXX HR360

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plied to manufacturing of medium caliber warheads, cartridge 

cases, and grenades for artillery rounds. 

The House bill contained no similar provision. 

The Senate recedes. 

The conference outcome is reflected in the tables of this report 

in Research, Development, Test, and Evaluation, Army PE 62624A. 

TITLE III—OPERATION AND MAINTENANCE 

Operation and Maintenance overview 

The budget request for fiscal year 2006 included an authorization of $126,902.5 million for Operation and Maintenance, 

$22,302.9 million for Other Programs, and $3,119.8 million for 

Working Capital Fund Accounts in the Department of Defense. 

The House bill would authorize $124,342.1 million for Operation and Maintenance, $22,232.2 million for Other Programs, and 

$3,168.4 million for Working Capital Fund Accounts. 

The Senate amendment would authorize $126,442.8 million for 

Operation and Maintenance, $22,432.1 million for Other Programs, 

and $2,482.6 million for Working Capital Fund Accounts. 

The conferees agree to authorize $125,715.2 million for Operation and Maintenance, $22,429.8 million for Other Programs, and 

$3,129.1 million for Working Capital Fund Accounts. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 


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ITEMS OF SPECIAL INTEREST

Unjustified base support cost growth 

The budget request included $2,286.5 million for Air Force 

base support programs. The House bill would authorize a decrease of $82.6 million 

from Air Force base support programs, including a $65.0 million 

decrease in base services related supplies and materials. 

The Senate amendment would authorize the budget request. 

The conferees agree to authorize a decrease of $80.0 million for 

Air Force base support programs. 

The conferees acknowledge the need for force enablers such as 

mess attendants, gymnasiums, and libraries and are aware of the 

impact these services have on quality of life. However, the conferees believe that tripling funding in order to replace gym equipment such as cardio machines and food service items such as silverware and cooking utensils is unjustified. 

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Authorization of Appropriations 

Authorization of appropriations (secs. 301–303) 

The House bill contained provisions (secs. 301–303) that would 

authorize fiscal year 2006 funding levels for all operation and 

maintenance accounts, working capital funds, and other Department of Defense programs, including the Defense Inspector General, the Chemical Demilitarization Program, and the Defense 

Health Program. 

The Senate amendment contained similar provisions (secs. 

301–303). 

The conference agreement includes these provisions. 

Subtitle B—Environmental Provisions 

Elimination and simplification of certain items required in the annual report on environmental quality programs and other environmental activities (sec. 311) 

The House bill contained a provision (sec. 311) that would 

eliminate and simplify certain items required to be included in the 

annual report on environmental quality programs and other environmental activities. 

The Senate amendment contained a similar provision (sec. 

311). 

The House recedes with an amendment that would require the 

Department of Defense to provide in the report a list of environmental fines or penalties that exceed $1.0 million. 

Payment of certain private cleanup costs in connection with Defense 

environmental restoration program (sec. 312) 

The House bill contained a provision (sec. 314) that would 

amend section 2701 of title 10, United States Code, to authorize 

the Secretary of Defense to reimburse a private landowner for costs 

incurred assisting the Department of Defense in meeting its covenant responsibilities pursuant to section 120(h) of the ComprehenVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00696 Fmt 6601 Sfmt 6601 E:\HR\OC\HR360.XXX HR360

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sive Environmental Response, Compensation, and Liability Act 

(CERCLA) of 1980 (42 U.S.C. 9620(h)). This section would not affect, alter, or diminish the responsibility and legal obligation of the 

Department to conduct cleanup under section 120(h) of CERCLA. 

The Senate amendment contained a similar provision (sec. 

312). 

The Senate recedes with an amendment that would clarify that 

in those instances where the property is disposed of pursuant to a 

base closure law, the sole source of funds for environmental restoration services under section 2701(d)(1), title 10, United States 

Code, would be the base closure account until the closure of the applicable base closure account. Other Department environmental remediation accounts would become the source of funding for such 

cleanups after the base closure account has been closed. 

Subtitle C—Workplace and Depot Issues 

Modification of authority of Army working-capital funded facilities 

to engage in cooperative activities with non-Army entities (sec. 

321) 

The House bill contained a provision (sec. 321) that would authorize Army industrial facilities to retain the working capital 

funds received from the sale of unique goods or services. 

The Senate amendment contained a similar provision (sec. 

330). 

The House recedes with a technical amendment. 

Limitation on transition of funding for east coast shipyards from 

funding through Navy Working Capital Fund to direct funding 

(sec. 322) 

The Senate amendment contained a provision (sec. 322) that 

would prohibit the Secretary of the Navy from using direct funding 

for east coast Naval shipyards. The Navy would be required to continue funding these shipyards until the later of 6 months after providing a complete report to the congressional defense committees 

on the use of direct funding at the Puget Sound Naval Shipyard, 

or October 1, 2006. 

The House bill contained no similar provision. 

The House recedes with an amendment that would prohibit the 

Secretary from using direct funding for the east coast Naval Shipyards until October 1, 2006. The conferees direct the Secretary to 

provide an assessment of the conversion of the Puget Sound Naval 

Shipyard from funding through the working capital fund of the 

Navy to funding on a direct basis by March 1, 2006. The conferees 

also direct the Secretary to provide a report on proposed congressional budget exhibits for Navy mission-funded shipyards by March 

1, 2006. 

The conferees direct the Comptroller General and the Director 

of the Congressional Budget Office to review the reports required 

of the Navy and report back detailed findings no later than 60 days 

after receipt of the reports to the congressional defense committees. 


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Armament Retooling and Manufacturing Support Initiative matters 

(sec. 323) 

The Senate amendment contained a provision (sec. 340) that 

would add government-owned, contractor-operated depots that 

store, maintain, renovate, or demilitarize ammunition, as eligible 

facilities for the purposes of participating in the Armament Retooling and Manufacturing Support Initiative. The provision would also 

make such facilities eligible for the initiative’s loan guarantee program. 

The House bill contained no similar provision. 

The House recedes with an amendment that would include encouragement of the commercial use of government-owned, contractor-operated ammunition storage, maintenance, renovation, and 

demilitarization facilities as additional policy objectives under the 

Armament Retooling and Manufacturing Support Initiative. The 

amendment would also broaden the purpose of the initiative with 

respect to work force skills. 

Sense of Congress regarding depot maintenance (sec. 324) 

The Senate amendment contained a provision (sec. 331) that 

would make several findings regarding the effectiveness of the Air 

Force’s Depot Maintenance Strategy and Master Plan and the importance of its efforts to modernize its depots. The provision also 

commends the Air Force for its implementation of the Depot Maintenance Strategy and Master Plan, particularly the commitment to 

invest $150.0 million per year for 6 years to modernize its depots. 

Finally, the provision encourages the Air Force to maintain that 

commitment throughout the 6–year period, which ends in 2009. 

The House bill contained no similar provision. 

The House recedes with an amendment that would delete reference to specific funding figures, and instead encourage the Air 

Force to remain committed to the process improvement initiatives 

and the investment and recapitalization projects contained in the 

Depot Maintenance Strategy and Master Plan. 

Subtitle D—Extension of Program Authorities 

Extension of authority to provide logistics support and services for 

weapon systems contractors (sec. 331) 

The House bill contained a provision (sec. 331) that would extend, for an additional 3 years, a program by which the Defense 

Logistics Agency could provide logistics support and services to a 

contractor in support of its performance on a contract for the construction, modification, or maintenance of a weapons system. The 

Secretary of Defense has not finalized the required program regulations. The current authority expires on September 30, 2007. Moving the expiration date to 2010 would correspond to the originally 

envisioned 5–year pilot period. 

The Senate amendment contained an identical provision (sec. 

326). 

The conference agreement includes this provision. 


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Extension of period for reimbursement for certain protective, safety, 

or health equipment purchased by or for members of the Armed 

Forces deployed in contingency operations (sec. 332) 

The Senate amendment contained a provision (sec. 333) that 

would repeal the requirement in section 351 of the Ronald W. 

Reagan National Defense Authorization Act for Fiscal Year 2005 

(Public Law 108–375) that the Secretary of Defense establish a program to reimburse members of the Armed Forces for personal protection equipment purchased by or for members when such equipment was not issued to the member, under rules to be promulgated 

by the Secretary, and replace it with a requirement to reimburse 

such members on the determination of their unit commander that 

such equipment was critical. The provision would also establish a 

fund for such reimbursements, specify equipment that would be 

covered, including vehicle armor, and extend the date for which eligible purchases could be made until September 30, 2006. 

The House bill contained no similar provision. 

The House recedes with an amendment that would extend the 

period during which equipment eligible for reimbursement could be 

purchased from July 31, 2004, until April 1, 2006. 

The conferees urge the Department of Defense to expand the 

list of eligible items published on October 4, 2005, to include deltoid or side plate body armor, gloves, and knee or elbow pads, to 

the extent those items meet the requirements of this Act. 

Subtitle E—Outsourcing 

Public-private competition (sec. 341) 

The House bill contained a provision (sec. 322) that would: (1) 

codify the existing prohibition on converting a function to private 

sector performance unless the conversion would result in savings of 

at least 10 percent or $10.0 million; (2) prohibit the Secretary of 

Defense from breaking up a function to avoid applicable thresholds 

for conducting a public-private competition; and (3) require the Secretary to conduct a competition, including an agency tender, a most 

efficient organization plan, and a formal cost comparison for any 

function performed by 10 or more civilian employees. 

The Senate amendment contained a similar provision (sec. 

809F). 

The Senate recedes with an amendment that would: (1) incorporate the requirements of the House and Senate provisions into 

the text of section 2461 of title 10, United States Code; and (2) revise sections 2461, 2461a, 2462, and 2463 of title 10, United States 

Code to streamline and update the text of these provisions. 

Contracting for procurement of certain supplies and services (sec. 

342) 

The Senate amendment contained a provision (sec. 809H) that 

would amend section 8014 of the Department of Defense Appropriations Act for Fiscal Year 2005 (Public Law 108–287) to clarify 

the treatment of health care costs in public-private competitions 

under such Act. 

The House bill contained no similar provision. 

The House recedes. 


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Performance of certain work by federal government employees (sec. 

343) 

The House bill contained a provision (sec. 323) that would establish a pilot program for public-private competition for work that 

is currently performed by contractors. 

The Senate amendment contained a provision (sec. 809G) that 

would require the Secretary of Defense to prescribe guidelines and 

procedures to ensure that consideration is given to using federal 

government employees for work that is currently performed under 

Department of Defense contracts and new requirements. 

The House recedes with an amendment that would require the 

Secretary to prescribe guidelines and procedures to ensure that 

consideration is given to using federal government employees for 

work that would otherwise be performed under Department of Defense contracts, but could be performed by federal government employees. The conferees expect these guidelines to provide for the assignment of work to federal government employees (and for hiring 

new federal government employees) in appropriate circumstances, 

without the requirement to perform public-private competition 

under Office of Management and Budget Circular A–76 or any 

other provision of law or regulation. 

Extension of temporary authority for contractor performance of security guard functions (sec. 344) 

The House bill contained a provision (sec. 332) that would extend by 2 years the authority for contractor performance of security 

guard functions under section 332 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314), 

and require the Secretary of Defense and the secretaries of the 

military departments to conduct new full and open competitions 

pursuant to section 2304 of title 10, United States Code, for security guard requirements under this section. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would provide for 

a 1-year extension of section 332 of the Bob Stump National Defense Authorization Act. 

Subtitle F—Analysis, Strategies, and Reports 

Report on Department of Army programs for prepositioning of 

equipment and other materiel (sec. 351) 

The House bill contained a provision (sec. 355) that would require the Secretary of the Army to conduct an assessment of Department of the Army programs for the prepositioning of equipment and other materiel stocks. The assessment would focus on 

how those programs are configured to support the evolving goals of 

the Department of the Army and their ability to support wartime 

requirements. The Secretary would submit to Congress, not later 

than January 1, 2006, a report on this assessment. The provision 

would also require the Comptroller General to submit to Congress 

a review of the Secretary of the Army’s assessment not later than 

120 days after receipt of the Secretary of the Army’s report. 

The Senate amendment contained no similar provision. 


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The Senate recedes with an amendment that would change the 

date of the Secretary of the Army’s report to March 1, 2006, and 

make a clarification to the legislative text. 

Reports on budget models used for base operations support, 

sustainment, and facilities recapitalization (sec. 352) 

The House bill contained a provision (sec. 354) that would require a report during each of the next 5 fiscal years from the Secretary of Defense on the Department of Defense’s models for base 

operations support, sustainment, and facilities recapitalization 

budgets. 

The Senate amendment contained no similar provision. 

The Senate recedes with a clarifying amendment. 

Army training strategy for brigade-based combat teams and functional supporting brigades (sec. 353) 

The Senate amendment contained a provision (sec. 327) that 

would direct the Secretary of the Army to develop and implement 

a training strategy, including performance goals and metrics, for 

the Army’s new modular force. The provision would also require 

the Secretary to submit a report to the congressional defense committees within 1 year after the enactment of this Act on the elements necessary to implement this training strategy, including 

funding. The provision would also direct the Comptroller General 

to monitor the implementation of the strategy and to submit a report to the congressional defense committees within 18 months 

after the enactment of this Act. The report would contain an assessment of the Army’s progress in implementing the training 

strategy. 

The House bill contained no similar provision. 

The House recedes with an amendment that would require the 

Secretary to develop and implement this training strategy as soon 

as practicable, and change the date of the Comptroller General’s report to the congressional defense committees to 180 days after the 

Secretary’s report is submitted. 

Report regarding effect on military readiness of undocumented immigrants trespassing upon operational ranges (sec. 354) 

The House bill contained a provision (sec. 356) that would require the Secretary of Defense and the Secretary of Homeland Security to submit a report to Congress by March 15, 2006, on a joint 

plan to eliminate incursions of undocumented immigrants into military training areas near international borders. The report would 

also include an assessment of the impact on military readiness 

caused by such incursions. This provision would also require the 

Secretary of Defense to submit to Congress semi-annual reports on 

mitigation measures implemented since the previous report. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

assessment of the impact of undocumented immigrant incursions 

into training areas on military readiness to be made only by the 

Secretary of Defense, not the Secretary of Defense and the Secretary of Homeland Security jointly. The amendment would also 


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change the date the initial report is due to Congress to April 15, 

2006. 

Report regarding Management of Army Lodging (sec. 355) 

The House bill contained a provision (sec. 358) that would require the Secretary of Defense to report to Congress on the results 

of a study evaluating the merits of allowing the Army and Air 

Force Exchange System (AAFES) to manage Army lodging. The 

Army would also be prohibited from soliciting qualifications that 

would privatize Army lodging beyond Group A until the Secretary’s 

report was submitted to Congress. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require 

two reports, one by the Secretary of the Army evaluating the merits of privatization of Army lodging, and one by the Army and Air 

Force Exchange Service commenting on the feasibility of its participation in privatization of Army lodging. The amendment requires 

two additional elements in each report: the potential costs and benefits of each approach, and the number of Army lodging personnel 

that would be impacted and the total personnel-related costs which 

would occur as a result of either approach. 

The conferees believe that AAFES should be allowed fair consideration in any competitive procurement of lodging management 

and services within the Department of Defense. 

Comptroller General report on corrosion prevention and mitigation 

programs of the Department of Defense (sec. 356) 

The Senate amendment contained a provision (sec. 1043) that 

would direct the Comptroller General to conduct a report on the effectiveness of the corrosion prevention and mitigation programs of 

the Department of Defense. The report would include assessments 

of the following: (1) the Department’s November 2004 ‘Long-Term 

Strategy to Reduce Corrosion and the Effects of Corrosion on the 

Military Equipment and Infrastructure of the Department of Defense’; (2) the adequacy of the funding requested in the budget proposal for fiscal year 2006; (3) the adequacy and effectiveness of the 

Department’s organizational structure in implementing that strategy; (4) the progress made to date in establishing common corrosion-related metrics, definitions, and procedures throughout the 

Department; (5) the progress made to date in establishing a baseline estimate of the scope of the Department’s corrosion problem; 

(6) the extent to which the Department’s strategy has been revised 

to incorporate the recommendations of the October 2004 Defense 

Science Board report on corrosion control; (7) the implementation 

of the Department’s corrosion prevention and mitigation programs 

during fiscal year 2006; and (8) the Comptroller General’s recommendations for addressing any shortfalls or areas of potential 

improvement identified in the course of preparing the report. The 

provision would require the Comptroller General to submit the report to the congressional defense committees not later than April 

1, 2007. 

The House bill contained no similar provision. 


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The House recedes with an amendment that would add a requirement for an assessment of the adequacy of the funding requested in the budget proposal for fiscal year 2007 to the report. 

Study on use of biodiesel and ethanol fuel (sec. 357) 

The House bill contained a provision (sec. 315) that would require a study by the Secretary of Defense on the use of biodiesel 

and ethanol fuel by the Armed Forces and the defense agencies and 

any measures that can be taken to increase such use. The study 

would include a review of potential future requirements for biodiesel and ethanol; an assessment of commercial availability of the 

fuels; a review of Department of Defense efforts to coordinate with 

nonfederal entities for the expansion and use of alternative fuel refueling stations; and an assessment of military fueling infrastructure that could be converted for use of biodiesel and ethanol fuel. 

The provision would also require a report on this study to the congressional defense committees not later than February 1, 2006. 

The Senate amendment contained a similar provision (sec. 

329), but did not address biodiesel. 

The Senate recedes with an amendment that would change the 

date of the report to the Committees on Armed Services of the Senate and the House of Representatives to 270 days after the date of 

enactment of this Act. The amendment would also require an assessment of the cost and the feasibility of adapting defense fueling 

infrastructure to handle biodiesel and ethanol. 

The conferees encourage the Secretary to make use of previously available reports and data, where feasible, to complete the 

assessment of commercial biodiesel and ethanol fuel availability 

and other appropriate elements of this study. 

Report on effects of windmill farms on military readiness (sec. 358) 

The Senate amendment contained a provision (sec. 346) that 

would make a congressional finding regarding a report from the 

Ministry of Defence of the United Kingdom on the effect of windmill farms on military readiness. The provision would also require 

the Secretary of Defense to submit to the Committees on Armed 

Services of the Senate and the House of Representatives, within 

180 days, a report on the effects of windmill farms on military 

readiness and of technologies that could mitigate any adverse effects on military operations identified. 

The House bill contained no similar provision. 

The House recedes with an amendment that would strike the 

congressional finding and change the requirement for submission of 

the report to 120 days after the enactment of this Act. 

Report on space-available travel for certain disabled veterans and 

gray-area retirees (sec. 359) 

The House bill contained a provision (sec. 678) that would require the Secretary of Defense, in consultation with the Secretary 

of Veterans Affairs, to submit a report on the feasibility of providing transportation on military aircraft on a space-available basis 

for veterans with a service-connected disability rating of 50 percent 

or higher. 

The Senate amendment contained no similar provision. 


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The Senate recedes with an amendment that would require the 

report to also address the feasibility of authorizing space-available 

travel for gray-area retirees, i.e., members or former members of a 

reserve component under 60 years of age who, but for age, would 

be eligible for retired pay, and to the dependents of specified veterans and gray-area reservists. 

Report on joint field training and experimentation on stability, security, transition, and reconstruction operations (sec. 360) 

The Senate amendment contained a provision (sec. 212) that 

would direct the Secretary of Defense to execute a joint field experiment to address matters relating to stability and security operations in fiscal year 2006. 

The House bill contained no similar provision. 

The House recedes with an amendment that would recognize 

that the Department of Defense has developed and is already executing a program to improve its joint and interagency stability operations planning, exercises, and operational capabilities. As a result, a single field experiment in fiscal year 2006 does not appear 

to be required. The conferees urge the Department to more fully incorporate other federal departments and agencies, as well as allies 

and coalition partners. The amendment would require that the Department report on the progress and findings of the joint field 

training and experimentation conducted in fiscal years 2005 and 

2006 not later than February 1, 2007. 

Reports on budgeting relating to sustainment of key military equipment (sec. 361) 

The Senate amendment contained a provision (sec. 1049) that 

would require the Secretary of Defense to submit to Congress each 

year, near the time of the submission of the President’s budget request, a report on the Department of Defense funding for key military equipment. This report would contain a description of the Department’s strategy and funding requirements necessary to sustain 

and modernize key military equipment. In those instances where 

the Department does not request full funding for the above strategy, the Department would identify the risks that would be taken 

and actions necessary to mitigate such risks. 

The House bill contained no similar provision. 

The House recedes with an amendment that would require this 

report only in 2006, 2007, and 2008. 

Repeal of Air Force report on military installation encroachment 

issues (sec. 362) 

The House bill contained a provision (sec. 313) that would repeal a reporting requirement in section 315 of the Ronald W. 

Reagan National Defense Authorization Act for Fiscal Year 2005 

(Public Law 108–375). 

The Senate amendment contained no similar provision. 

The Senate recedes. 


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Subtitle G—Other Matters 

Supervision and management of Defense Business Transformation 

Agency (sec. 371) 

The Senate amendment contained a provision (sec. 339) that 

would require the Business Transformation Agency be cooperatively managed by the Deputy Under Secretary of Defense for Business Transformation and the Deputy Under Secretary of Defense 

for Financial Management. 

The House bill contained no similar provision. 

The House recedes. 

Codification and revision of limitation on modification of major 

items of equipment scheduled for retirement or disposal (sec. 

372) 

The House bill contained a provision (sec. 351) that would pro- hibit annual expenditures greater than $1.0 million to modify an 

aircraft, weapon, ship, or other item of equipment that will be retired or otherwise disposed of within 5 years after completion of the 

modification. The secretary of a military department may waive 

this restriction if the waiver is necessary on the basis of national 

security, and he so notifies the congressional defense committees in 

writing. Safety modifications will not require waivers. 

The Senate amendment contained a similar provision (sec. 

842). 

The Senate recedes with an amendment that would prohibit expenditures greater than $100,000 for equipment modifications or 

greater than $1.0 million if the equipment will be removed, refurbished, and installed on another platform prior to the disposal of 

an aircraft, weapon, ship, or other item of equipment, unless the 

requirement is waived. 

Limitation on purchase of investment items with operation and 

maintenance funds (sec. 373) 

The House bill contained a provision (sec. 352) that would prohibit the use of operation and maintenance funds for the purchase 

or replacement of an investment item which costs more than 

$250,000. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Operation and use of general gift funds of the Department of Defense and Coast Guard (sec. 374) 

The Senate amendment contained a provision (sec. 343) that 

would amend section 2601 of title 10, United States Code, to authorize the Secretary of Defense under certain conditions to accept 

gifts that are given for the benefit of members of the Armed Forces, 

civilian employees of the U.S. Government (or their dependents or 

survivors), who are wounded or killed while serving in Operation 

Iraqi Freedom, Operation Enduring Freedom, or any other military 

operation, activity, or geographic area designated by the Secretary 

of Defense. The provision would authorize periodic Comptroller 

General audits of gifts accepted under this authority. The authority 

would expire on December 31, 2007. 


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The House bill contained no similar provision. 

The House recedes with an amendment that, in addition to 

gifts of real and personal property and money, would authorize the 

Secretary to accept gifts of services made on the condition that they 

be used for the benefit of members of the Armed Forces and civilian employees of the Department of Defense (and their dependents 

or survivors). Gifts from foreign governments or international organizations could only be accepted if they are not designated for a 

specific individual and could not include services. The amendment 

would authorize the establishment of a Department of Defense 

General Gift Fund. 

The conferees, by adding authority to accept gifts to benefit 

certain members, dependents, and civilian employees, do not intend 

to limit the existing general gift authority. 

Inclusion of packet based telephony in Department of Defense telecommunications benefits (sec. 375) 

The Senate amendment contained a provision (sec. 345) that 

would include technology that allows the use of a broadband Internet connection for making telephone calls within the Department 

of Defense telecommunications benefit. 

The House bill contained no similar provision. 

The House recedes. 

Limitation on financial management improvement and audit initiatives within the Department of Defense (sec. 376) 

The Senate amendment contained a provision (sec. 328) that 

would prohibit the Secretary of Defense from obligating any funds 

for activities related to the Department of Defense financial management improvement effort until the Secretary submits to the congressional defense committees an integrated and comprehensive financial management plan and a determination that each activity 

proposed to be funded would likely result in real and sustainable 

improvements in the Department’s financial management systems 

and controls. 

The House bill contained no similar provision. 

The House recedes with an amendment that would clarify that 

the Department may continue to fund activities directed exclusively 

at assessing the adequacy of internal controls and remediating any 

inadequacies identified pursuant to such assessments. 

Provision of welfare of special category residents at Naval Station 

Guantanamo Bay, Cuba (sec. 377) 

The Senate amendment contained a provision (sec. 334) that 

would authorize the Secretary of the Navy to provide for the general welfare, including subsistence, housing, and health care, of 

any person at Naval Station Guantanamo Bay, Cuba, who is designated by the Secretary as a ‘‘special category resident’’ within 90 

days of the enactment of this Act. The provision would not authorize the construction of new housing or medical treatment facilities. 

The provisions of chapter 13 of title 31, United States Code, would 

not apply to the obligation or expenditure of funds for the general 

welfare of such persons prior to the date of enactment of this Act. 

The House bill contained no similar provision. 


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The House recedes with a technical amendment. 

Commemoration of success of the Armed Forces in Operation Enduring Freedom and Operation Iraqi Freedom (sec. 378) 

The Senate amendment contained a provision (sec. 344) that 

would authorize the President to designate a day of celebration to 

honor the soldiers, sailors, marines, and airmen of the Armed 

Forces who have served in Operation Enduring Freedom (OEF) or 

Operation Iraqi Freedom (OIF). It would also authorize the 

issuance of a proclamation calling on the people of the United 

States to observe that day with appropriate ceremonies and activities. The provision would authorize the use of appropriated funds 

up to $20.0 million and the acceptance of gifts to pay the costs of 

the day of celebration. It would also authorize the presentation of 

recognition items under section 2261 of title 10, United States 

Code, to individuals who served honorably as a member of the 

Armed Forces in OEF and OIF. 

The House bill contained no similar provision. 

The House recedes with an amendment that would make the 

provision effective through fiscal year 2006. 

Subtitle H—Utah Test and Training Range 

Definitions (sec. 381) 

The House bill contained a provision (sec. 341) that would define certain terms relating to the Utah Test and Training Range. 

The Senate amendment contained no similar provision. 

The Senate recedes with a technical amendment. 

Military operations and overflights, Utah Test and Training Range 

(sec. 382) 

The House bill contained a provision (sec. 342) that would explain the importance of the Utah Test and Training Range and define the intent of the Utah Test and Training Range provisions. 

The Senate amendment contained no similar provision. 

The Senate recedes with a technical amendment. 

Analysis of military readiness and operational impacts in planning 

process for federal lands in Utah Test and Training Range (sec. 

383) 

The House bill contained a provision (sec. 343) that would require the Secretary of the Interior, in consultation with the Secretary of Defense, to develop land use plans for federal lands in the 

Utah Test and Training Range. The provision would also prohibit 

the Secretary of the Interior from granting rights-of-way under the 

Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761) 

upon certain federal lands. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would eliminate 

the limitation on the authority of the Secretary of the Interior to 

grant or issue authorizations for rights-of-way under the Federal 

Land Policy and Management Act of 1976 upon certain federal 

lands. 


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Designation and management of Cedar Mountain Wilderness, Utah 

(sec. 384) 

The House bill contained a provision (sec. 344) that would designate certain federal land in Tooele County, Utah as wilderness 

and therefore a component of the National Wilderness Preservation 

System. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Relation to other lands (sec. 385) 

The House bill contained a provision (sec. 346) that would 

make clarifying and technical corrections. 

The Senate amendment contained no similar provision. 

The Senate recedes with a technical amendment. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Child and family assistance benefits for members of the Armed 

Forces 

The Senate amendment contained a provision (sec. 332) that 

would authorize an additional $60.0 million for Operation and 

Maintenance, Defense-wide activities, for child and family assistance benefits for members of the Armed Forces. Of the total 

amount authorized, $50.0 million would be available for child care 

services, and $10.0 million would be available for family assistance. 

The House bill contained no similar provision. 

The Senate recedes. 

The increased amounts for child care and family assistance are 

reflected in the tables of this report in Operation and Maintenance, 

Defense-wide. 

The conferees applaud the significant increases in child care 

services and family assistance provided by supplemental appropriations, and urge the Department of Defense to make the additional 

funding available immediately to the families of members on active 

duty who require such services. 

Congressional notification requirements regarding placement of liquefied natural gas facilities, pipelines, and related structures on 

defense lands 

The House bill contained a provision (sec. 357) that would require, that not less than 30 days before the Secretary of Defense 

or the secretary of a military department issues a final decision regarding the placement of any liquefied natural gas facility, pipeline, or related structure on or in the vicinity of a military installation, range, or other lands under the jurisdiction of the Department 

of Defense, the secretary concerned to submit to Congress a report 

detailing the justification for the decision, including the potential 

long-term effects on military readiness. 

The Senate amendment contained no similar provision. 

The House recedes. This matter was addressed in section 

311(c) of the Energy Policy Act of 2005 (Public Law 109–58), and 

the provision is no longer required. 


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Grants for local workforce investment boards for services for certain 

spouses of members of the Armed Forces 

The Senate amendment contained a provision (sec. 341) that 

would authorize the Secretary of Defense to make grants to local 

workforce investment boards established under section 117 of the 

Workforce Investment Act of 1998 (29 U.S.C. 2832) for the purpose 

of providing employment assistance to certain military spouses. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees note that the Department of Defense and the 

Department of Labor entered into a Memorandum of Understanding in 2003 that provides a framework for a broad range of 

continuing and new partnership efforts to help military spouses establish careers, despite having to transition among job markets due 

to frequent relocations. The conferees applaud this effort and encourage the Department of Labor and the Department of Defense 

to continue such collaboration in order to leverage their individual 

and combined resources to strengthen the quality of life for members of the Armed Forces and their families. 

Identification of additional Bureau of Land Management land in 

Utah as trust land for Skull Valley Band of Goshutes 

The House bill contained a provision (sec. 345) that would 

identify approximately 640 acres of Bureau of Land Management 

land in Utah to be administered in trust for the benefit of the Skull 

Valley Band of Goshutes. 

The Senate amendment contained no similar amendment. 

The House recedes. 

Legal standing and bid protests by federal employees in actions 

under Office of Management and Budget Circular A–76 

The House bill contained a provision (sec. 324) that would express the sense of Congress on equitable legal standing for civilian 

employees in public-private competitions. 

The Senate amendment contained a provision (sec. 1109) that 

would provide legal standing for certain representatives of civilian 

employees in public-private competitions. 

The conference report does not include either provision. 

The conferees believe that to ensure public-private competitions are conducted as fairly, effectively, and efficiently as possible, 

both Department of Defense civilian employees (or their representatives) and contractors (or their representatives) should receive fair 

treatment throughout the competition regarding access to relevant 

information and legal standing to challenge the way a competition 

has been conducted. 

The conferees note that this issue was specifically addressed in 

section 326 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375). The conferees 

believe that there is insufficient data on the implementation of section 326 to determine whether changes to that provision are needed, or would be appropriate. 


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Long Arm High-Intensity Arc Metal Halide Handheld Searchlight 

The Senate amendment contained a provision (sec. 336) that would authorize $4.5 million for the Long Arm High-Intensity Arc 

Metal Halide Handheld Searchlight. 

The House bill contained no similar provision. 

The Senate recedes. 

The conference outcome is reflected in the tables of this report 

in Operation and Maintenance, Army. 

Navy human resources benefits call center 

The Senate amendment contained a provision (sec. 304) that would authorize $1.5 million from Navy operation and maintenance 

funds for civilian manpower and personnel for a human resources 

benefit call center. 

The House bill contained no similar provision. 

The Senate recedes. 

The conference outcome is reflected in the tables of this report 

in Operation and Maintenance, Navy. 

The conferees note that the Navy currently is conducting a 

human resources benefit call center pilot program in Machias, 

Maine. Navy officials have stated that the pilot program is ‘‘very 

successful’’ in delivering high customer satisfaction. Because of this 

success, the Navy intends to transition this call center to a permanent program. This is largely due to the hard work and commitment to excellence of the personnel who work at the call center in 

Machias. 

Pilot project on compatible use buffers on real property bordering 

Fort Carson, Colorado 

The House bill contained a provision (sec. 312) that would require the Secretary of Defense to carry out a pilot project at Fort 

Carson, Colorado, to evaluate the effectiveness of conservation 

easements and leases entered into with willing entities to limit 

property development that would be incompatible with Fort Carson’s mission. Conservation easements and leases are currently authorized under section 2684a of title 10, United States Code. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conferees have added $20.0 million to the Readiness and 

Environmental Protection Initiative to support the Department of 

Defense’s highest priority buffer zone projects. The conferees expect 

the Secretary of Defense to enter into agreements with willing entities to prevent or limit the use of property in the vicinity of a military installation that would impede the mission of that military installation. The conferees believe that the Secretary of Defense, in 

coordination with the Secretary of the Army, should utilize available authority and funding to ensure that conservation easements 

and leases are entered into as quickly as possible at the high-priority sites identified as part of the Army’s Compatible Use Buffer 

Program, including Fort Campbell; Fort Carson; Fort A. P. Hill; 

Fort Hood; Fort Sill; and Camp Ripley. With respect to Fort Carson, Colorado, the conferees understand that Fort Carson is one of 

the Army’s highest priority sites for implementation of compatible 

use buffer zones. 


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Point of Maintenance/Arsenal/Depot AIT Initiative 

The Senate amendment contained a provision (sec. 335) that 

would authorize $10.0 million for the Point of Maintenance/Arsenal/Depot AIT (AD–AIT) Initiative. 

The House bill contained no similar provision. 

The Senate recedes. 

The conference outcome is reflected in the tables of this report 

in Operation and Maintenance, Army. 

Provision of Department of Defense support for certain paralympic 

sporting events 

The House bill contained a provision (sec. 353) that would 

amend section 2564 of title 10, United States Code, to exempt certain paralympic sporting events conducted in the United States, its 

territories, or commonwealths, from prescribed conditions for Department of Defense-provided security and safety assistance. These 

conditions would include determinations that such security and 

safety needs cannot reasonably be met by other sources and, if provided, would not adversely affect military preparedness of the 

Armed Forces. Additionally, requesting organizations must agree to 

provide reimbursement. Under the provision, up to $1.0 million 

could be expended in any fiscal year to provide support for qualifying paralympic sporting events. 

The Senate amendment contained a similar provision (sec. 338) 

that would provide funding from the Support for International 

Sporting Competitions (SISC) Defense account, which was established by section 5802 of the Omnibus Consolidated Appropriations 

Act, 1997 (Public Law 104–208). 

The conference agreement does not include these provisions. 

The conferees support Department-provided security and safety assistance to qualifying sporting events and endorse participation by eligible military personnel and veterans in paralympic 

sporting events. A separate provision in this Act amends section 

717 of title 10, United States Code, to specifically authorize members of the Armed Forces to train for, attend, and participate in the 

Paralympic Games. The conferees note that the quadrennial 

Paralympic Games are already exempted from certification and reimbursement requirements in connection with the use of the SISC 

account funds. However, the need for, and impact of, expansion of 

Department support for events of this type are not clear. The average annual number of events of this type, the anticipated size of 

events of this type, and the associated scope of assistance requested 

from the Department under this expanded authority could not be 

determined. Consequently, no assessment of the resulting increase 

to the personnel tempo of both active and reserve component forces 

could be made. 

The conferees, therefore, direct the Secretary of Defense, in 

consultation with the U.S. Olympic Committee, to identify and submit a report to the congressional defense committees by August 31, 

2006, detailing the effect of amending section 2564 of title 10, 

United States Code, to include the Paralympic Military Program 

and paralympic sporting events, at various participation levels, in 

the category of events that would qualify for Department support 


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without having to meet the conditions in subsections (a) and (b) of 

that section. 

This report shall include an analysis of: (1) the estimated number of events that would qualify for nonreimbursable assistance; (2) 

the impact of such increased Department support on the operational or personnel tempo of active duty, guard, and reserve 

forces; (3) the type and scope of assistance that is likely to be needed or requested outside the realm of security and safety; (4) the estimated annual cost to the Department for such assistance; (5) 

whether support for such events would constitute appropriate inactive duty training; (6) whether Department support for such events 

should be contingent on the participation of current or former military personnel as athletes; and (7) whether Department support for 

such events should be contingent on the size of the event based on 

a minimum level of participation. 

Report on aircraft to perform High-Altitude Aviation Training Site 

The Senate amendment contained a provision (sec. 337) that 

would require the Secretary of the Army to submit a report to the 

congressional defense committees that contains an evaluation on 

the type of aircraft available in the Army inventory that is most 

suited to perform the High-Altitude Aviation Training Site 

(HAATS) mission, and a determination of when such aircraft may 

be available for assignment to the HAATS. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees are aware that the HAATS at Eagle, Colorado 

is the primary site for training military aviators on operations in 

all season weather conditions in hostile, high altitude, power limited environments. The training site currently uses UH–1 Huey 

and OH–58 Kiowa aircraft that are being phased out of the inventory within the future-years defense program. The conferees are 

aware that the Secretary of the Army has begun an evaluation of 

the Army inventory and aircraft availability to determine the most 

appropriate schedule for assigning suitable aircraft to HAATS. The 

conferees look forward to delivery of the report of this evaluation 

to the congressional defense committees no later than December 

15, 2005. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Active Forces 

End strengths for active forces (sec. 401) 

The House bill contained a provision (sec. 401) that would authorize the following end strengths for active forces as of September 30, 2006: Army, 482,400; Navy, 352,700; Marine Corps, 

175,000; and Air Force, 357,400. 

The House bill also contained a provision (sec. 1521(a) and (c)) 

that would increase the end strengths authorized by section 401 for 

the Army by 30,000 and for the Marine Corps by 4,000, respectively, for fiscal year 2006. 


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The Senate amendment contained a similar provision (sec. 401) 

that would authorize an active-duty end strength for the Army of 

522,400, and an active-duty end strength of the Marine Corps of 

178,000, with end strengths for the other services identical to those 

in the House provision. 

The Senate recedes with an amendment that would authorize 

an end strength as of September 30, 2006, of 512,400 for the Army 

and 179,000 for the Marine Corps, subject to the condition that 

costs for end strength in excess of 482,400 for the Army, and in excess of 175,000 for the Marine Corps, shall be paid out of funds authorized to be appropriated for fiscal year 2006 for a contingent 

emergency reserve fund or as an emergency supplemental appropriation. 

The conferees recommend end strength levels for active forces 

for fiscal year 2006 as set forth in the following table: 

Service FY 2005 

authorized 

FY 2006 Change from 

Request Conferee recommendation 

FY 2006 

request 

FY 2005 

authorized 

Army ...................................................................... 502,400 482,400 512,400 30,000 10,000 

Navy ....................................................................... 365,900 352,700 352,700 0 ¥13,200 

Marine Corps ......................................................... 178,000 175,000 179,000 4,000 1,000 

Air Force ................................................................ 359,700 357,400 357,400 0 ¥2,300 

DoD Total ................................................. 1,406,000 1,367,500 1,401,500 34,000 ¥4,500 

Revision in permanent active-duty end strength minimum levels 

(sec. 402) 

The House bill contained a provision (sec. 402) that would establish the following new minimum active-duty end strengths: for 

the Army, 482,400; Navy, 352,700; Marine Corps, 175,000; and Air 

Force, 357,400. 

The House bill also contained a provision (sec. 1521(b)) that 

would increase the minimum active-duty end strengths for the 

Army by 30,000 to 512,400, and for the Marine Corps by 4,000 to 

179,000. 

The Senate amendment contained a similar provision (sec. 402) 

that would establish minimum active-duty end strengths for the 

Army, 522,400, and for the Marine Corps, 178,000. Minimum end 

strengths for the Navy and Air Force would be identical to those 

in the House provision. 

The House recedes with an amendment that would authorize 

the minimum active-duty end strength for the Army, 502,400, and 

for the Marine Corps, 179,000. 

The conferees recommend minimum end strength levels for active forces as set forth in the following table: 

Service FY 2005 

authorized 

FY 2006 Change from 

Conferee recommendation FY 2005 

Army ........................................................................................................................ 502,400 502,400 0 

Navy ........................................................................................................................ 365,900 352,700 ¥13,200 

Marine Corps ........................................................................................................... 178,000 179,000 1,000 

Air Force .................................................................................................................. 359,700 357,400 ¥2,300 


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Service FY 2005 

authorized 

FY 2006 Change from 

Conferee recommendation FY 2005 

DoD Total ................................................................................................... 1,406,000 1,391,500 ¥14,500 

Additional authority for increases of Army and Marine Corps active-duty end strengths for fiscal years 2007 through 2009 (sec. 

403) 

The House bill contained a provision (sec. 1522) that would authorize additional increases of active-duty end strength for the 

Army equal to the number otherwise authorized by law for fiscal 

year 2006, plus up to 20,000 for each fiscal year 2007 through 

2009. The House provision would also authorize increases of activeduty end strength for the Marine Corps of the number otherwise 

authorized by law for fiscal year 2006, plus up to 5,000 for each 

fiscal year 2007 through 2009. 

The Senate amendment contained no similar provision. 

The Senate recedes with a technical amendment. 

Subtitle B—Reserve Forces 

End strengths for Selected Reserve (sec. 411) 

The House bill contained a provision (sec. 411) that would authorize the following end strengths for Selected Reserve personnel, 

including the end strengths for reserves on active duty in support 

of the reserves as of September 30, 2006: the Army National Guard 

of the United States, 350,000; the Army Reserve, 205,000; the 

Naval Reserve, 73,100; the Marine Corps Reserve, 39,600; the Air 

National Guard of the United States, 106,800; the Air Force Reserve, 74,000; and the Coast Guard Reserve, 10,000. 

The Senate amendment contained an identical provision (sec. 

411). 

The conference agreement includes this provision. 

The conferees recommend end strength levels for the Selected 

Reserve for fiscal year 2006 as set forth in the following table: 

Service FY 2005 

authorized 

FY 2006 Change from 

Request 

Conferee 

recommendation FR 2006 

request 

FY 2005 

authorized 

Army National Guard ................................................................. 350,000 350,000 350,000 0 0 

Army Reserve ............................................................................. 205,000 205,000 205,000 0 0 

Naval Reserve ........................................................................... 83,400 73,100 73,100 0 ¥10,300 

Marine Corps Reserve ............................................................... 39,600 39,600 39,600 0 0 

Air National Guard .................................................................... 106,800 106,800 106,800 0 0 

Air Force Reserve ...................................................................... 76,100 74,000 74,000 0 ¥2,100 

DoD Total ..................................................................... 860,900 848,500 848,500 0 ¥12,400 

Coast Guard Reserve ................................................................ 10,000 10,000 10,000 0 0 

End strengths for reserves on active duty in support of the reserves 

(sec. 412) 

The House bill contained a provision (sec. 412) that would authorize the following end strengths for reserves on active duty in 

support of the reserves as of September 30, 2006: the Army NaVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00714 Fmt 6601 Sfmt 6601 E:\HR\OC\HR360.XXX HR360

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tional Guard of the United States, 27,345; the Army Reserve, 

15,270; the Naval Reserve, 13,392; the Marine Corps Reserve, 

2,261; the Air National Guard of the United States, 13,089; and the 

Air Force Reserve, 2,290. 

The Senate amendment contained a similar provision (sec. 412) 

that would authorize end strengths of 27,396 for the Army National Guard of the United States, 13,123 for the Air National 

Guard of the United States, and identical end strengths for the 

other services. 

The House recedes. 

The conferees recommend end strength levels for reserves on 

active duty in support of the reserves as set forth in the following 

table: 

Service FY 2005 

authorized 

FY 2006 Change from 

Request 

Conferee 

recommendation FY 2006 

request 

FY 2005 

authorized 

Army National Guard ................................................................. 26,602 27,345 27,396 51 794 

Army Reserve ............................................................................. 14,970 15,270 15,270 0 300 

Naval Reserve ........................................................................... 14,152 13,392 13,392 0 ¥760 

Marine Corps Reserve ............................................................... 2,261 2,261 2,261 0 0 

Air National Guard .................................................................... 12,263 13,089 13,123 34 860 

Air Force Reserve ...................................................................... 1,900 2,290 2,290 0 390 

DoD Total ..................................................................... 72,148 73,647 73,732 85 1,584 

In addition to the budget request, the end strengths recommended by the conferees would include an additional 51 reserves on active duty in support of the reserves for the Army National Guard and an additional 34 for the Air National Guard for 

the creation of five additional National Guard Chemical, Biological, 

Radiological, Nuclear and High Yield Explosive Enhanced Response 

Force Package (NG CERFP) teams. 

The conferees would expect that the certification requirement 

for reserve component rapid assessment element teams under section 12310(c)(5) of title 10, United States Code, would be met by 

the Secretary of Defense before any of these teams would be used 

to respond to a weapons of mass destruction or terrorist emergency. 

The conferees would also expect that the creation of any additional NG CERFP teams would be subject to specific congressional 

authorization and a corresponding adjustment to the end strengths 

of reserves on active duty in support of the reserves authorized by 

law. 

End strengths for military technicians (dual status) (sec. 413) 

The House bill contained a provision (sec. 413) that would authorize the following end strengths for military technicians (dual 

status) as of September 30, 2006: the Army National Guard of the 

United States, 25,563; the Army Reserve, 7,649; the Air National 

Guard of the United States, 22,971; and the Air Force Reserve, 

9,853. 

The Senate amendment contained a similar provision (sec. 413) 

that would authorize end strength of 9,852 for the Air Force Reserve and identical end strengths for the other services. 

The House recedes. 


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The conferees recommend end strength levels for military technicians (dual status) as set forth in the following table: 

Service FY 2005 

authorized 

FY 2006 Change from 

Request 

Conferee 

rec- ommenda- tion FY 2006 

request 

FY 2005 

authorized 

Army National Guard ................................................................. 25,076 25,563 25,563 0 487 

Army Reserve ............................................................................. 7,299 7,649 7,649 0 350 

Air National Guard .................................................................... 22,956 22,971 22,971 0 15 

Air Force Reserve ...................................................................... 9,954 9,852 9,852 0 ¥102 

DoD Total ..................................................................... 65,285 66,035 66,035 0 750 

Fiscal year 2006 limitation on number of non-dual status technicians (sec. 414) 

The House bill contained a provision (sec. 414) that would establish the maximum end strengths for the reserve components of 

the Army and Air Force for non-dual status technicians as of September 30, 2006. 

The Senate amendment contained an identical provision (sec. 

414). 

The conference agreement includes this provision. 

Maximum number of reserve personnel authorized to be on active 

duty for operational support (sec. 415) 

The House bill contained a provision (sec. 415) that would authorize the maximum number of reserve component personnel who 

may be on active duty or full-time National Guard duty under section 115(b) of title 10, United States Code, during fiscal year 2006 

to provide operational support. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

The conferees recommend maximum levels by service for reserve component personnel on full-time, active duty who are providing operational support as set forth in the following table: 

Service FY 2005 

authorized 

FY 2006 Change from 

Request 

Conferee 

rec- ommenda- tion FY 2006 

request 

FY 2005 

authorized 

Army National Guard ................................................................. 10,300 17,000 17,000 0 6,700 

Army Reserve ............................................................................. 5,000 13,000 13,000 0 8,000 

Naval Reserve ........................................................................... 6,200 6,200 6,200 0 0 

Marine Corps Reserve ............................................................... 2,500 3,000 3,000 0 500 

Air National Guard .................................................................... 10,100 16,000 16,000 0 5,900 

Air Force Reserve ...................................................................... 3,600 14,000 14,000 0 10,400 

DoD Total ..................................................................... 37,700 69,200 69,200 0 31,500 

Subtitle C—Authorization of Appropriations 

Military personnel (sec. 421) 

The House bill contained a provision (sec. 421) that would authorize a total of $108,824.3 million to be appropriated to the Department of Defense in fiscal year 2006 for military personnel. 


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The Senate amendment contained a provision (sec. 421) that would authorize a total of $109,179.6 million to be appropriated to 

the Department of Defense in fiscal year 2006 for military personnel. 

The Senate recedes with an amendment that would authorize 

$108,942.7 million to be appropriated to the Department of Defense 

in fiscal year 2006 for military personnel. 

The conferees have agreed to the following changes from the 

budget request related to the military personnel accounts: 

[Additions in millions] 

Improved basic allowance for housing (BAH) for reservists ........................ $ 26.0 

Increased cap on reserve enlistment/affiliation bonus ................................. 30.0 

Increased cap on active duty enlistment bonus ............................................ 30.0 

Expanded early commissioning program for the Army ................................ 2.4 

Additional special pay for dental officers ...................................................... 4.0 

Increased household goods weight limit for senior NCOs ............................ 4.0 

Army recruit referral bonus ............................................................................ 3.0 

Income replacement authority for reservists ................................................. 7.0 

Critical skills retention bonus for nurses in SROTC .................................... 1.0 

Unobligated balances, Air Force ..................................................................... ¥107.4 

Total .................................................................................................................. 0.0 

The conferees note that in addition to the amounts shown 

above, $11,788.3 million was made available in title XV of this Act 

for the additional costs of military personnel involved in ongoing 

operations in Iraq and Afghanistan. 

Armed Forces Retirement Home (sec. 422) 

The House bill contained a provision (sec. 422) that would authorize $58.3 million to be appropriated for fiscal year 2006 from 

the Armed Forces Retirement Home Trust Fund for operation of 

the Armed Forces Retirement Home. 

The Senate amendment contained an identical provision (sec 

422). 

The conference agreement includes this provision. 

TITLE V—MILITARY PERSONNEL POLICY 

ITEMS OF SPECIAL INTEREST

Department of Defense Policy on Transportation of Military Remains 

The conferees are aware that, pursuant to Department of Defense policy, the remains of military personnel, when air transport 

is necessary, are transported with an assigned escort officer by 

commercial airlines from Dover Air Force Base to their hometowns. 

The remains of our military men and women should be transported 

with the utmost ceremony, honors, and respect, and the conferees 

believe that examination of this issue with an eye toward improvement is called for. The conferees direct the Secretary to establish 

a system that would ensure that upon arrival at the ultimate destination, the flag-draped coffin is removed and that appropriate 

military honors are rendered by a small honor guard. The conferees 

believe that use of military aircraft for transportation of deceased 

members may be a preferable means of transportation and direct 

the Secretary to submit a report, no later than February 1, 2006, 


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690 

discussing the feasibility of such a requirement. The conferees believe that for those who make our freedom possible, this final honor 

is reasonable and justified by their sacrifice. 

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Officer Personnel Policy 

Temporary increase in percentage limits on reduction of time-ingrade requirements for retirement in grade upon voluntary retirement (sec. 501) 

The House bill contained a provision (sec. 501) that would increase through December 31, 2007, the percentage of lieutenant 

colonels (or commanders in the Navy) and colonels (or captains in 

the Navy) that the secretary of a military department, when authorized by the Secretary of Defense, may approve for retirement 

with less than 3 years time-in-grade from 2 percent to 4 percent 

of the officers authorized in that grade for that fiscal year. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would limit the 

applicability of the provision to the Air Force and the Navy. 

Two-year renewal of temporary authority to reduce minimum length 

of commissioned service required for voluntary retirement as an 

officer (sec. 502) 

The House bill contained a provision (sec. 502) that would authorize through December 31, 2007, reduction in the amount of 

time from 10 years to 8 years that an officer who has prior enlisted 

service must serve as a commissioned officer in order to retire as 

a commissioned officer. 

The Senate amendment contained a similar provision (sec. 506) 

that would extend this authority through December 31, 2008. 

The House recedes with a technical amendment. 

Exclusion from active duty general and flag officer distribution and 

strength limitations of officers on leave pending separation or 

retirement or between senior positions (sec. 503) 

The House bill contained a provision (sec. 504) that would permit general or flag officers who have been selected for promotion 

to lieutenant general or vice admiral or above to be promoted to the 

higher rank at the time these officers begin serving in their new 

positions. The provision would also prohibit frocking of officers 

under section 777 of title 10, United States Code, who have been 

selected for promotion to lieutenant general, vice admiral, or above. 

To facilitate these transitions, the provision would temporarily exclude from grade distribution and numerical limitations under sections 525 and 526 of title 10, United States Code, for no more than 

30 days, the senior general and flag officers selected for these positions of importance and responsibility under section 601 of title 10, 

United States Code. 

The Senate amendment contained a provision (sec. 501) that 

would exclude from consideration in determining the distribution 

limitations and total numbers of general or flag officers on active 

duty, officers in the grade of brigadier general or rear admiral 


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(lower half) or above who are on leave pending separation, retirement, or release from active duty. 

The House recedes with an amendment that would combine 

the authorizations included in both the House and Senate provisions, but extend to 60 days the temporary exclusion from grade 

distribution and numerical limitations under sections 525 and 526 

for officers who have been relieved from a position designated 

under section 601 of title 10, United States Code, and are under 

orders to assume another such position. 

Consolidation of grade limitations on officer assignment and insignia practice known as frocking (sec. 504) 

The House bill contained a provision (sec. 505) that would establish a consolidated limit of 85 on the number of promotable colonels, Navy captains, brigadier generals, and rear admirals (lower 

half) who would be authorized to be frocked to higher grade under 

section 777 of title 10, United States Code. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Clarification of deadline for receipt by promotion selection boards of 

certain communications from eligible officers (sec. 505) 

The House bill contained a provision (sec. 509) that would 

amend sections 614(b) and 14106 of title 10, United States Code, 

to provide that officers eligible for consideration by a promotion selection board may send a written communication to the board that, 

to be considered, must arrive not later than 11:59 p.m. on the day 

before the board convenes. 

The Senate amendment contained a similar provision (sec. 503) 

that would specify that the provision become effective on March 1, 

2006, and shall apply to selection boards convened on or after that 

date. 

The House recedes with a technical amendment. 

Furnishing to promotion selection boards of adverse information on 

officers eligible for promotion to certain senior grades (sec. 506) 

The Senate amendment contained a provision (sec. 504) that 

would require that substantiated adverse information be provided 

to promotion selection boards considering active and reserve component officers for promotion to the grade of lieutenant colonel, or 

commander in the case of the Navy, or above. 

The House bill contained no similar provision. 

The House recedes with an amendment that would make this 

requirement applicable only to promotion selection boards considering officers for promotion to the grades of brigadier general or 

rear admiral (lower half) or above. It would also clarify that only 

credible information of an adverse nature, including any substantiated adverse finding or conclusion from an officially documented 

investigation or inquiry, shall be furnished to selection boards. 

Applicability of officer distribution and strength limitations to officers serving in intelligence community positions (sec. 507) 

The Senate amendment contained a provision (sec. 509) that 

would amend section 528 of title 10, United States Code, to exclude 


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from the grade distribution and numerical limitations in sections 

525 and 526 of title 10, United States Code, general or flag officers 

serving in certain intelligence positions. These would include military officers serving as either the Director or Deputy Director of 

the Central Intelligence Agency (CIA) and as the Associate Director 

of the CIA for Military Support. Additionally, the exclusion from 

section 525 and 526 limits would apply to no more than five general or flag officers of the Armed Forces serving in the Office of the 

Director of National Intelligence in positions designated by agreement between the Secretary of Defense and the Director of National Intelligence. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Grades of the judge advocates general (sec. 508) 

The Senate amendment contained a provision (sec. 505) that 

would require that the judge advocates general of the Army, Navy, 

and Air Force be appointed in the grade of lieutenant general or 

vice admiral, as appropriate. The provision would also exempt 

these officers from the grade distribution requirements for general 

and flag officers in section 525(b) of title 10, United States Code. 

The House bill contained no similar provision. 

The House recedes with an amendment that would provide 

that the judge advocates general be appointed in a grade not less 

than major general or rear admiral, as appropriate, and would 

strike the exemption from the grade distribution requirements. 

Authority to retain permanent professors at the Naval Academy beyond 30 years of active commissioned service (sec. 509) 

The House bill contained a provision (sec. 507) that would authorize permanent professors of the Naval Academy to be retained 

beyond 30 years of active commissioned service until age 64. Navy 

and Marine Corps officers serving as permanent professors at the 

Naval Academy in the grade of commander or lieutenant colonel, 

who are not on a list of officers recommended for promotion, would 

be retired after 28 years of service unless their retirement is deferred and they are continued on active duty by the Secretary of 

the Navy. Such officers who are continued on active duty would remain eligible for promotion to the next higher grade. Navy and Marine Corps officers serving as permanent professors at the Naval 

Academy in the grade of captain or colonel, who are not on a list 

of officers recommended for promotion, would be retired after 30 

years of service unless their retirement is deferred and they are 

continued on active duty by the Secretary of the Navy. 

The Senate amendment contained a similar provision (sec. 

561). 

The Senate recedes with a technical amendment. 

Authority for designation of a general/flag officer position on the 

Joint Staff to be held by reserve component general or flag officer on active duty (sec. 510) 

The House bill contained a provision (sec. 506) that would increase from 10 to 11 the number of reserve general or flag officer 

positions that the Chairman of the Joint Chiefs of Staff can desVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00720 Fmt 6601 Sfmt 6601 E:\HR\OC\HR360.XXX HR360

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ignate to be held only by reserve component general and flag officers on active duty and authorize one of these positions to be designated on the Joint Staff. 

The Senate amendment contained a similar provision (sec. 

502). 

The Senate recedes. 

Subtitle B—Reserve Component Management 

Separation at age 64 for reserve component senior officers (sec. 511) 

The House bill contained a provision (sec. 503) that would extend from age 62 to 64 the age at which the chiefs of the Army Reserve and Air Force Reserve, and the directors of the Army National Guard and Air National Guard must retire. 

The Senate amendment contained a similar provision (sec. 

508). 

The Senate recedes. 

Modification of strength-in-grade limitations applicable to reserve 

flag officers in active status (sec. 512) 

The Senate amendment contained a provision (sec. 507) that 

would amend section 12004 of title 10, United States Code, to reduce by four the number of required Navy Reserve flag officers in 

medical designators and by one the number of Navy Reserve flag 

officers in the Supply Corps and to increase by five the number of 

Navy Reserve line officers. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Military technicians (dual status) mandatory separation (sec. 513) 

The House bill contained a provision (sec. 513) that would require the Secretary of the Army to implement personnel policies 

that would allow a military technician (dual status) who continues 

to meet the requirements for dual status to serve beyond a mandatory removal date for officers, and any applicable maximum years 

of service limitation, until the military technician (dual status) 

reaches age 60 and attains eligibility for an unreduced annuity. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Military retirement credit for certain service by National Guard 

members performed while in a state duty status immediately 

after the terrorist attacks of September 11, 2001 (sec. 514) 

The House bill contained a provision (sec. 514) that would authorize military retirement credit for certain members of the Ready 

Reserve of the Army National Guard or Air National Guard, who 

served in full-time state active duty status performed on or after 

September 11, 2001, and before October 1, 2002, in specified counties in New York and Virginia in support of the federal declaration 

of emergency following the terrorist attacks on the United States 

of September 11, 2001. 

The Senate amendment contained no similar provision. 

The Senate recedes. 


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The conferees agree that authorizing federal military retirement credit for full-time state active duty service performed on or 

after September 11, 2001, and before October 1, 2002, in the specified counties in New York and Virginia is an appropriate recognition of the unique circumstances and national impact of the terrorist attacks of September 11, 2001. This authorization of federal 

military retirement benefits for state active duty service is both 

specific and limited. This authorization does not extend to any 

other form of federal benefits. 

Redesignation of the Naval Reserve as the Navy Reserve (sec. 515) 

The Senate amendment contained a provision (sec. 906) that 

would redesignate the Naval Reserve as the Navy Reserve and set 

forth conforming amendments to the United States Code reflecting 

this redesignation. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Clarification of certain authorities relating to the Commission on 

the National Guard and Reserves (sec. 516) 

The Senate amendment contained a provision (sec. 597) that 

would modify section 523 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375), 

which established the Commission on the National Guard and Reserves. The provision would clarify certain issues relating to the 

pay of members. The provision would also clarify that the commission is established in the legislative branch. 

The House bill contained no similar provision. 

The House recedes. 

Report on employment matters for members of the reserve components (sec. 517) 

The House bill contained a provision (sec. 579) that would require the Comptroller General to submit a report to Congress on 

difficulties faced by members of the reserve components with respect to employment as a result of being ordered to perform fulltime National Guard duty or being ordered to active duty. In preparing the report, the Comptroller General would be required to include specific information on the following: the number of employers of members of the reserve components in the public and private 

sector, respectively; an estimate of the number of employers who 

employ fewer than 50 full-time employees; an estimate of the number of members of the reserve components who are self-employed; 

the nature of the business of employers of members of the reserve 

components; and a description of the difficulties faced by members 

of the reserve components in gaining reemployment after having 

performed full-time National Guard duty or active duty service, including difficulties faced by members who are disabled and who are 

veterans of the Vietnam era. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would clarify that 

the report should provide a description of the difficulties faced by 

members of the reserve components in gaining reemployment after 


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695 

having performed full-time National Guard duty or active duty 

service, including difficulties faced by members who are disabled. 

Defense Science Board study on deployment of members of the National Guard and reserves in the global war on terrorism (sec. 

518) 

The Senate amendment contained a provision (sec. 540) that 

would require the Defense Science Board to conduct a study on the 

length and frequency of the deployment of members of the National 

Guard and reserves as a result of the global war on terrorism. The 

study would include an identification of the current range of 

lengths and frequencies of deployments; an assessment of the consequences for force structure, morale, and mission capability of deployments that are lengthy, frequent, or both; an identification of 

the optimal length and frequency of deployments; and identification 

of mechanisms to reduce the length, frequency, or both, of deployments of members of the National Guard and the reserves. The 

study, with recommendations the Defense Science Board considers 

appropriate, would be due to the congressional defense committees 

not later than May 1, 2006. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Sense of Congress on certain matters relating to the National Guard 

and Reserves (sec. 519) 

The Senate amendment contained a provision (sec. 543) that 

would express the sense of the Senate that the importance and integral role played by active Guard and reserve members and military technicians (dual status) in the efforts of the Armed Forces is 

recognized. The provision would also urge the Secretary of Defense 

to promptly resolve questions relating to authority for payment of 

reenlistment bonuses stemming from reenlistment contracts entered into between January 14, 2005, and April 17, 2005, involving 

members of the Army National Guard and military technicians 

(dual status). 

The House bill contained no similar provision. 

The House recedes with an amendment that would change the 

provision from a sense of the Senate to a sense of Congress. 

Pilot program on enhanced quality of life for members of the Army 

Reserve and their families (sec. 520) 

The Senate amendment contained a provision (sec. 538) that 

would require the Secretary of the Army to conduct a pilot program 

in two States to assess the feasibility of utilizing a coalition of military and civilian community personnel in order to enhance the 

quality of life for members of the Army Reserve and their families. 

The House bill contained no similar provision. 

The House recedes with an amendment that would allow the 

Secretary to identify the locations of the program, and to require 

that personnel participating in the pilot program include military 

personnel and appropriate members of the civilian community. 

The conferees intend that the principal objective of the pilot 

program shall be to enhance the mission readiness of members of 

the Army Reserve by assisting their families in addressing the 


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696 

many challenges presented by deployments, including separation, 

family relationships, and parenting. 

Subtitle C—Education and Training 

PART I—DEPARTMENT OF DEFENSE SCHOOLS GENERALLY

Authority for National Defense University award of degree of Master of Science in Joint Campaign Planning and Strategy (sec. 

521) 

The House bill contained a provision (sec. 524) that would authorize the President of the National Defense University to award 

the degree of master of science in joint campaign planning and 

strategy to graduates of the University who fulfill the requirements 

of the program of the Joint Advanced Warfighting School at the 

Joint Forces Staff College. 

The Senate amendment contained an identical provision (sec. 

596). 

The conference agreement includes this provision. 

Authority for certain professional military education schools to receive faculty research grants for certain purposes (sec. 522) 

The Senate amendment contained a provision (sec. 925) that 

would grant authority to the Air Force for faculty at the Air Force 

Institute of Technology to accept research grants. 

The House bill contained no similar provision. 

The House recedes with an amendment that would expand the 

authority to receive research grants to the National Defense University, Army War College, Naval Postgraduate School, Naval War 

College, Marine Corps University, Air Force Institute of Technology, and Air War College. 

PART II—UNITED STATES NAVAL POSTGRADUATE SCHOOL

Revision to mission of the Naval Postgraduate School (sec. 523) 

The Senate amendment contained a provision (sec. 592(a)) that 

would modify and enhance the statutory mission of the Naval Postgraduate School. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment that would 

provide that the primary function of the Naval Postgraduate School 

is to provide advanced instruction and professional and technical 

education and research opportunities for commissioned officers of 

the naval service in their practical and theoretical duties; the 

science, physics and systems engineering of current and future 

naval warfare doctrine, operations and systems; and the integration of naval operations and systems into joint, combined, and multinational operations. 

Modification of eligibility for position of president of the Naval Postgraduate School (sec. 524) 

The Senate amendment contained a provision (sec. 599B) that 

would modify the eligibility requirements for the position of president of the Naval Postgraduate School to allow a military officer 

in the grade of rear admiral (lower half), or a civilian individual 


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697 

having qualifications appropriate to the position, to serve as president. An individual would be detailed or assigned to the position 

of president of the Naval Postgraduate School by the Secretary of 

the Navy, upon the recommendation of the Chief of Naval Operations. A civilian assigned as president would be limited to serve 

in that position for a term of not more than 5 years. 

The House bill contained no similar provision. 

The House recedes with an amendment that would specify that 

a civilian assigned as the president of the Naval Postgraduate 

School must hold a doctorate degree in a field of study relevant to 

the mission and function of the Naval Postgraduate School, while 

a officer of the Navy detailed as president must have a doctorate 

or master’s degree in such a field. Other qualifications for detail or 

assignment as president would include: a comprehensive understanding of the Navy, the Department of Defense, and joint and 

combined operations; leadership experience at the senior level in a 

large and diverse organization; demonstrated ability to foster and 

encourage a program of research in order to sustain academic excellence; and other qualifications, as determined by the Secretary 

of the Navy. The House amendment would allow the reappointment of a civilian holding the position of president for up to an additional term of 5 years. The House amendment would also specify 

that military officers not below the grade of captain may be detailed as president, but would remove the requirement that such 

officers be eligible for command at sea. 

Increased enrollment for eligible defense industry employees in the 

defense product development program at Naval Postgraduate 

School (sec. 525) 

The House bill contained a provision (sec. 522) that would increase the number of defense industry civilian employees who may 

be admitted to the Naval Postgraduate School to receive instruction 

in a program leading to a master’s degree in a curriculum related 

to defense product development from the current limit of 10 at any 

one time to 25. The House provision would also broaden the areas 

of study authorized for such students to include systems engineering, in addition to the current curriculum related to defense product development. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Instruction for enlisted personnel by the Naval Postgraduate School 

(sec. 526) 

The House bill contained a provision (sec. 526) that would require the Secretary of the Navy to submit a report to the Committees on Armed Services of the Senate and the House of Representatives on the plans of the Secretary to provide enlisted members of 

the Navy with opportunities to pursue graduate degree programs. 

The Senate amendment contained a provision (sec. 592(b)) that 

would expand the eligibility of enlisted personnel to receive instruction from the Naval Postgraduate School by authorizing enlisted 

members of the Armed Forces to participate in certificate programs 

and courses required for the performance of their duties. 


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698 

The House recedes with an amendment that would limit the 

authority of enlisted personnel to receive instruction from the 

Naval Postgraduate School in certificate programs and courses required for the performance of their duties to members of the Navy 

and Marine Corps. The amendment would clarify that the Naval 

Postgraduate School would not be authorized to grant baccalaureate, master’s or doctorate degrees on the basis of participation 

in such instruction. The amendment would require the Secretary to 

submit a report to the Committees on Armed Services of the Senate 

and the House of Representatives on the Navy’s plans, if any, to 

provide enlisted members of the Navy with opportunities to pursue 

graduate degree programs. 

PART III—RESERVE OFFICERS’ TRAINING CORPS

Repeal of limitation on amount of financial assistance under ROTC 

scholarship programs (sec. 531) 

The House bill contained a provision (sec. 521) that would authorize the service secretaries to pay the costs of room and board 

for Reserve Officers’ Training Corps (ROTC) cadets who are receiving scholarships when those costs exceed the cumulative cost of tuition, fees, books, and laboratory expenses. Current law allows 

ROTC scholarships to cover the cost of room and board, but limits 

the amount of room and board to the cost of tuition, fees, books, 

and laboratory expenses. 

The Senate amendment contained a similar provision (sec. 

532). 

The Senate recedes. 

Increase in annual limit on number of ROTC scholarships under 

Army Reserve and National Guard program (sec. 532) 

The House bill contained a provision (sec. 527) that would increase from 208 to 416 the maximum number of Reserve Officers’

Training Corps scholarships the Army may provide to cadets who 

would be authorized to perform their obligated service in the Army 

Reserve or Army National Guard. 

The Senate amendment contained a similar provision (sec. 

534). 

The Senate recedes. 

Procedures for suspending financial assistance and subsistence allowance for senior ROTC cadets and midshipmen on the basis 

of health-related conditions (sec. 533) 

The Senate amendment contained a provision (sec. 533) that 

would require the Secretary of Defense to prescribe policies and 

procedures to be followed by the military departments prior to suspending financial assistance to senior Reserve Officers’ Training 

Corps cadets and midshipmen on the basis of health-related conditions. 

The House bill contained no similar provision. 

The House recedes. 


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Eligibility of United States nationals for appointment to the Senior 

Reserve Officers’ Training Corps (sec. 534) 

The Senate amendment contained a provision (sec. 541) that 

would authorize U.S. nationals to be appointed as a cadet or midshipman in the Senior Reserve Officers’ Training Corps, to be appointed as a cadet in the Army Reserve or Army National Guard 

of the United States, and to be eligible for appointment as a commissioned officer, under the same statutory authorities and criteria 

that apply to U.S. citizens. 

The House bill contained no similar provision. 

The House recedes. 

Promotion of foreign language skills among members of the Reserve 

Officers’ Training Corps (sec. 535) 

The Senate amendment contained a provision (sec. 542) that 

would require the Secretary of Defense to support the acquisition 

of foreign language skills among cadets and midshipmen in the Reserve Officers’ Training Corps through the development and implementation of incentives to study a foreign language, including special emphasis for Arabic, Chinese, and other strategic languages, as 

defined by the Secretary of Defense, and a recruiting strategy to 

target foreign language speakers, including members of heritage 

communities, to participate in the Reserve Officers’ Training Corps. 

The provision would require the Secretary to submit a report to the 

congressional defense committees not later than 180 days after the 

date of enactment of this Act on actions taken to carry out this provision. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Designation of Ike Skelton Early Commissioning Program scholarships (sec. 536) 

The Senate amendment contained a provision (sec. 577) that 

would designate scholarships awarded to cadets appointed at certain military junior colleges under section 2107a of title 10, United 

States Code, as Ike Skelton Early Commissioning Program scholarships. 

The House bill contained no similar provision. 

The House recedes. 

PART IV—OTHER MATTERS

Enhancement of educational loan repayment authorities (sec. 537) 

The Senate amendment contained a provision (sec. 1507) that 

would modify section 2171(a) of title 10, United States Code, to include additional types of loans incurred for educational purposes by 

service members that would be eligible for loan repayment by the 

Department of Defense. The provision would also make both officer 

and enlisted personnel eligible for loan repayment. 

The House bill contained no similar provision. 

The House recedes. 


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Payment of expenses of members of the Armed Forces to obtain professional credentials (sec. 538) 

The House bill contained a provision (sec. 523) that would authorize the payment of expenses for service members to obtain an 

accreditation, license, certification, or other state or professionallyimposed credential, so long as it is not a prerequisite for appointment in the Armed Forces. 

The Senate amendment contained a similar provision (sec. 

651). 

The Senate recedes with a technical amendment. 

Use of Reserve Montgomery GI Bill benefits and benefits for mobilized members of the Selected Reserve and National Guard for 

payments for licensing or certification tests (sec. 539) 

The House bill contained a provision (sec. 511) that would authorize the use of Reserve Montgomery GI Bill benefits and benefits for mobilized members of the Selected Reserve and National 

Guard for licensing or certification test fees in the amount of 

$2,000 or the fee charged for the test, whichever is less. The House 

provision would apply to tests administered on or after October 1, 

2005. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would make the 

changes effective on the date of enactment of this Act. 

Modification of educational assistance for reserves supporting contingency and other operations (sec. 540) 

The House bill contained a provision (sec. 512) that would 

modify the authority for educational assistance benefits for reserves who have served on active duty in support of a contingency 

operation, or for members of the National Guard who served on 

full-time National Guard duty for the purpose of responding to a 

national emergency, for more than 90 days. The provision would 

clarify that the Secretary of Veterans Affairs prescribes the manner 

and form of election of benefits to comply with the requirement 

that individuals receive assistance under only one such program. 

The House provision would also authorize an exception to the immediate termination of assistance for members of the Selected Reserve who incur a break in service of not more than 90 days if the 

member continues to serve in the Ready Reserve. The House provision would further include a clarification that the educational assistance provided by the statute applies only to members who were 

called or ordered to active duty, or performed full-time National 

Guard duty, on or after September 11, 2001. 

The Senate amendment contained a similar provision (sec. 535) 

that would clarify that the Secretary of Veterans Affairs prescribes 

the manner and form of election of benefits, and provides an exception to the immediate termination of assistance for members of the 

Selected Reserve who incur a break in service of not more than 90 

days if the member continues to serve in the Ready Reserve. 

The House recedes. 


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Subtitle D—General Service Requirements 

Ground combat and other exclusion policies (sec. 541) 

The House bill contained a provision (sec. 574) that would require that if the Secretary of Defense proposes to make any change 

to the ground combat exclusion policy that has been in effect since 

October 1, 1994, or proposes to open or close to the assignment of 

women any military career designator related to military operations on the ground in effect as of May 18, 2005, the Secretary 

must provide prior notice to Congress. Such a change would be implemented only after the end of a period of 60 days of continuous 

session of Congress. The provision would also require that the Secretary provide 30 days prior notice to Congress before implementing any other personnel policy change that would open to 

women assignments not involving ground combat that are, as of 

the date of the proposed change, closed to women. The provision 

would further require the Secretary to submit to the Committees 

on Armed Services of the Senate and the House of Representatives 

not later than March 31, 2006, a report of the Secretary’s review 

of the current and future implementation of the policy regarding 

the assignment of women. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would provide 

that any proposed change to the ground combat exclusion policy 

would only be implemented after notice to Congress and the end 

of a period of 30 days of continuous session of Congress. 

Uniform citizenship or residency requirements for enlistment in the 

Armed Forces (sec. 542) 

The House bill contained a provision (sec. 531) that would clarify and uniformly apply existing practices of the military services 

regarding eligibility of individuals who are not citizens of the 

United States to enlist in the Armed Forces. 

The Senate amendment contained a similar provision (sec. 

521). 

The House recedes with a technical amendment. 

Increase in maximum age for enlistment (sec. 543) 

The Senate amendment contained a provision (sec. 1504) that 

would modify section 505(a) of title 10, United States Code, to authorize the enlistment of persons who are not more than 42 years 

of age. 

The House bill contained no similar provision. 

The House recedes. 

Increase in maximum term of original enlistment in regular component (sec. 544) 

The House bill contained a provision (sec. 532) that would 

amend section 505(c) of title 10, United States Code, to increase 

the maximum duration of an enlistment in a regular component 

from 6 to 8 years. 

The Senate amendment contained no similar provision. 

The Senate recedes. 


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National Call to Service program (sec. 545) 

The House bill contained a provision (sec. 534) that would 

amend section 510 of title 10, United States Code, to clarify that 

eligibility under the National Call to Service program would include military occupational specialties for enlistments for officer 

training and subsequent service as an officer, in cases in which the 

reason for the enlistment and entry into the National Call to Service program is to enter an officer training program. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would remove the 

Peace Corps from those national service programs through which 

National Call to Service participants may, after an initial period of 

active duty, complete their period of obligated service. The amendment would also amend section 510 to make certain technical corrections related to the eligibility of National Call to Service participants for educational benefits under titles 10 and 38, United States 

Code, and clarify that educational assistance earned through the 

National Call to Service program would be provided through the 

Department of Veterans Affairs under an agreement entered into 

by the Secretary of Defense and the Secretary of Veterans Affairs. 

Reports on information provided to potential recruits and to new entrants into the Armed Forces on ‘‘stop loss’’ authorities and initial period of military service obligation (sec. 546) 

The Senate amendment contained a provision (sec. 523) that 

would require the Secretary of Defense, not later than 90 days 

after the date of enactment of this Act, to submit a report on the 

actions being taken to ensure that each individual being recruited 

for service in the Armed Forces is provided detailed information on 

the periods of service to which such individuals may be obligated 

by reason of enlistment in the Armed Forces. The report would include a description of the stop loss authority and the manner in 

which the exercise of such authority could affect the duration of a 

member’s service on active duty. 

The House bill contained no similar provision. 

The House recedes with an amendment that would require the 

Secretary of Defense to simultaneously submit a report on the actions being taken to ensure that each individual covered by section 

651(a) of title 10, United States Code, is provided, upon commencement of that person’s initial period of military service, and at other 

points during a career, information regarding the date on which 

the initial service obligation of that person would end. 

Subtitle E—Military Justice and Legal Assistance Matters 

Offense of stalking under the Uniform Code of Military Justice (sec. 

551) 

The Senate amendment contained a provision (sec. 552) that 

would amend the Uniform Code of Military Justice (UCMJ) (chapter 47 of title 10, United States Code) to establish stalking as a 

separate offense under the UCMJ. ‘‘Stalking’’ is defined as a course 

of conduct directed at a specific person that would cause a reasonable person to fear death or bodily harm, including sexual assault, 

to himself or herself or a member of his or her immediate family. 


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‘‘Immediate family’’ includes a spouse, parent, child, or sibling of 

the person, or any other family member or relative of the person 

who regularly resides in the person’s household or did so within the 

6 months preceding the commencement of the course of conduct. 

The House bill contained a similar provision (sec. 554). 

The House recedes with an amendment that would include the 

person’s ‘‘intimate partner’’ in the definition of ‘‘immediate family,’’ would place the provision adjacent to the UCMJ article dealing 

with rape and carnal knowledge, and would provide for an effective 

date of 180 days after enactment of this Act. The delayed effective 

date will provide the necessary time for amendment of the Manual 

for Courts-Martial to encompass this new offense. 

Rape, sexual assault, and other sexual misconduct under Uniform 

Code of Military Justice (sec. 552) 

The House bill contained a provision (sec. 555) that would 

amend article 120 of the Uniform Code of Military Justice (UCMJ) 

(10 U.S.C. 920) to provide a series of graded offenses relating to 

rape, sexual assault, and other sexual misconduct, based upon the 

presence or absence of various aggravating factors. The provision 

would also set interim maximum punishments for the respective offenses, until such time as the President provides otherwise in the 

Manual for Courts-Martial. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would (1) clarify 

the availability of marriage as an affirmative defense, (2) strike 

language relating to preemption, (3) amend article 43 of the UCMJ 

(10 U.S.C. 843) to provide an unlimited statute of limitations for 

rape of a child, (4) make technical and conforming amendments, 

and (5) provide for an effective date of October 1, 2007. 

Extension of statute of limitations for murder, rape, and child abuse 

offenses under the Uniform Code of Military Justice (sec. 553) 

The House bill contained a provision (sec. 553) that would 

amend article 43 of the Uniform Code of Military Justice (10 U.S.C. 

843) to (1) include all murders in the class of offenses that have 

an unlimited statute of limitations; (2) clarify that rape is also an 

offense with an unlimited statute of limitations; (3) extend the statute of limitations for certain child abuse offenses to the life of the 

child or 5 years from the date of the offense, whichever is later; 

and (4) add pornography involving a child and kidnapping of a 

child to the list of child abuse offenses. 

The Senate amendment contained a similar provision (sec. 

551). 

The Senate recedes with an amendment that would clarify the 

applicability of the extension of the murder statute of limitations. 

Reports by officers and senior enlisted members of conviction of 

criminal law (sec. 554) 

The Senate amendment contained a provision (sec. 555) that 

would require the Secretary of Defense to prescribe regulations directing officers and senior enlisted personnel above the grade of E–

6 to report to appropriate military authority their arrest, investigation, charging, detention, adjudication, or conviction for offenses 


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other than minor traffic violations. The provision would also require development of procedures to ensure that information about 

criminal convictions is promptly forwarded by military authorities 

of one service to appropriate authorities in another service having 

jurisdiction over a military member. 

The House bill contained no similar provision. 

The House recedes with an amendment that would limit the 

obligation to report by officers and senior enlisted personnel to 

criminal convictions, including pleas of guilty or nolo contendere. 

Clarification of authority of military legal assistance counsel to provide military legal assistance without regard to licensing requirements (sec. 555) 

The Senate amendment contained a provision (sec. 553) that 

would amend section 1044 of title 10, United States Code, to provide that, notwithstanding any law regarding the licensure of attorneys, a judge advocate or civilian attorney who is authorized to 

provide military legal assistance is authorized to provide that assistance in any jurisdiction, subject to regulations prescribed by the 

Secretary concerned. Such assistance may be provided only by a 

judge advocate or a civilian attorney who is a member of the bar 

of a federal court or of the highest court of a State. ‘‘Legal assistance’’ is defined as legal assistance provided under sections 1044, 

1044a, 1044b, 1044c, and 1044d of title 10, United States Code. 

The House bill contained a similar provision (sec. 551). 

The House recedes with a clarifying amendment. 

Use of teleconferencing in administrative sessions of courts-martial 

(sec. 556) 

The House bill contained a provision (sec. 552) that would 

amend article 39 of the Uniform Code of Military Justice (10 U.S.C. 

839) to authorize the use of audiovisual technology to conduct administrative sessions of courts-martial, if authorized by regulations 

of the Secretary concerned and if the defense counsel is in the 

physical presence of the accused. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would clarify that 

only one defense counsel need be physically present with the accused for teleconferencing to be used. An accused may be represented by more than one counsel, particularly if the case is a serious one or the accused elects to employ civilian counsel. Not all 

counsel may be located in the same vicinity as the accused. The 

amendment would ensure that teleconferencing may be used in 

such situations. 

Sense of Congress on applicability of Uniform Code of Military Justice to reserves on inactive duty training overseas (sec. 557) 

The Senate amendment contained a provision (sec. 556) that 

would express the sense of the Senate that there should be no ambiguity about the applicability of the Uniform Code of Military Justice (UCMJ) to members of the reserve components of the Armed 

Forces while serving overseas under inactive duty training orders. 

The provision further expresses the sense of the Senate that the 

Secretary of Defense should take action, not later than February 1, 


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2006, to clarify any jurisdictional issues relating to such applicability under Article 2 of the UCMJ (10 U.S.C. 802), and, if necessary, to submit to Congress a legislative proposal to ensure the 

applicability of the UCMJ in such situations. 

The House bill contained no similar provision. 

The House recedes with an amendment that would make the 

provision an expression of the sense of Congress. 

The conferees are concerned over the use of inactive duty 

training for reservists who are, it appears, performing operational 

missions overseas. The use of inactive duty training in this context 

may raise significant issues in such areas as pay, access to base facilities, status of forces agreements, and status under the international law of armed conflict. The conferees urge the Secretary to 

ensure that members of the reserves are not performing inactive 

duty training in situations in which active duty or active duty for 

training are more appropriate. 

Subtitle F—Matters Relating to Casualties 

Authority for members on active duty with disabilities to participate 

in Paralympic Games (sec. 561) 

The House bill contained a provision (sec. 544) that would authorize the Secretary of Defense to permit eligible members of the 

Armed Forces to participate in the Paralympic Games and qualifying events and preparatory competition for these games. 

The Senate amendment contained a similar provision (sec. 

599A). 

The Senate recedes. 

Policy and procedures on casualty assistance to survivors of military decedents (sec. 562) 

The House bill contained a provision (sec. 542) that would permanently codify the requirement to appoint a casualty assistance 

officer and establish a new requirement to formally appoint an assistance officer for seriously injured and ill service members and 

their families. 

The Senate amendment contained a provision (sec. 591) that 

would require the Secretary of Defense to prescribe a comprehensive policy not later than January 1, 2006, on the provision of casualty assistance to survivors and next of kin of members of the 

Armed Forces who die during military service. The policy would address certain elements that shall be uniform across the military departments, except to the extent necessary to reflect the traditional 

practices or customs of a particular military department. The provision would also require the military departments, not later than 

March 1, 2006, to prescribe revised regulations and a report by the 

Secretary not later than May 1, 2006, assessing the adequacy and 

sufficiency of current casualty assistance programs of the military 

departments. It would also require the Comptroller General to submit an evaluation of the current casualty assistance programs of 

the Department not later than August 1, 2006. 

The House recedes with an amendment that would revise and 

extend the dates on which the policies and reports on casualty assistance would be promulgated. The General Accountability Office 


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(GAO) would be required to report by July 1, 2006, on the current 

policies and procedures of, and funding for, the Department’s casualty assistance programs. 

The conferees believe the GAO assessment will be valuable in 

formulating uniform policies under this provision. 

Policy and procedures on assistance to severely wounded or injured 

service members (sec. 563) 

The House bill contained a provision (sec. 543) that would require the Secretary of Defense to examine the programs of the military services that provide assistance to service members who incur 

severe wounds or injuries in the line of duty, including the Army 

Disabled Soldier Support Program and the Marine for Life Injured 

Support Program, and develop standards and guidelines as necessary to coordinate and standardize those programs with the activities of the Severely Injured Joint Support Operations Center of 

the Department of Defense. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

Secretary of Defense, not later than June 1, 2006, to prescribe a 

comprehensive policy, in consultation with the Secretary of Veterans Affairs and the Secretary of Labor, for the Department of Defense on the provision of assistance to members of the Armed 

Forces who incur severe wounds or injuries in the line of duty. The 

amendment would require that certain elements be addressed and 

that the policy include guidelines to be followed by military departments in the provision of assistance to severely wounded or injured 

service members and procedures and standards that are uniform 

across the military departments to the extent practicable. The services would be required to prescribe their respective regulations by 

September 1, 2006. 

Designation by members of the Armed Forces of persons authorized 

to direct the disposition of member remains (sec. 564) 

The House bill contained a provision (sec. 541) that would require that members of the Armed Forces, upon their enlistment or 

appointment, specify in writing the person authorized to direct the 

disposition of the member’s remains under section 1482 of title 10, 

United States Code, in the event of the member’s death while serving on active duty. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require 

that not later than June 1, 2006, the Department of Defense complete, and the services implement, revisions to Department of Defense Instruction 1300.18 relating to military personnel casualty 

matters, policies, and procedures. The revisions would require that 

members designate in writing a person authorized to direct disposition of their remains. Additionally, the provision would require that 

not later than July 1, 2006, the Secretary of Defense submit a report on the actions taken to carry out the provisions of the revised 

policy. 


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Subtitle G—Assistance to Local Educational Agencies for Defense 

Dependents Education 

Expansion of authorized enrollment in Department of Defense Dependents Schools overseas (sec. 571) 

The House bill contained a provision (sec. 561) that would require the Secretary of Defense to provide dependent children of 

full-time, locally hired Department of Defense employees who are 

U.S. citizens or nationals a space-required, tuition free education in 

Department of Defense Dependents Schools overseas. 

The Senate amendment contained a similar provision (sec. 

581). 

The House recedes with an amendment that would remove the 

authorization for the Secretary to utilize funds for military construction in conjunction with the enrollment of additional children 

on a tuition-free basis in overseas schools. 

Assistance to local educational agencies that benefit dependents of 

members of the Armed Forces and Department of Defense civilian employees (sec. 572) 

The House bill contained a provision (sec. 562(a)) that would authorize $50.0 million in Operation and Maintenance, Defensewide activities, for assistance to eligible local educational agencies 

that provide education to military dependent children. The House 

bill also contained a provision (562(b)) that would authorize $10.0 

million in Operation and Maintenance, Defense-wide activities, for 

eligible local educational agencies experiencing enrollment changes 

in military dependent children due to base closures, force structure 

changes, and force relocations. 

The Senate amendment contained two similar provisions (secs. 

582 and 583). 

The Senate recedes with an amendment that would authorize 

$30.0 million for assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department 

of Defense civilian employees. The amendment also would authorize $10.0 million in Operation and Maintenance, Defense-wide activities, to assist communities that experience enrollment changes 

in the number of military and Department of Defense dependent 

children due to global rebasing, creation or activation of new military units, realignment of forces as a result of the base closure 

process, or a change in the number of housing units on a military 

installation. The amendment establishes a limitation of $1.0 million on the amount that any eligible local educational agency may 

receive in any fiscal year, and extends the authority for assistance 

under this section for 5 years. 

The conferees note that the Base Realignment and Closure 

(BRAC) round of 2005, in addition to impacting military installations around the country, will have significant impact on surrounding civilian communities including local school systems. 

The quality of life for military families is significantly impacted 

by the quality of public education available to their children. In 

light of the anticipated increases in school-aged children in some 

cases resulting from Department of Defense initiated actions, the 

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pacted States and local communities, as well as the Department of 

Education, to proactively address the influx, and the requirement 

for adequate facilities and resources to properly provide for the 

education needs of military children. 

The conferees direct the Secretary of Defense to submit a report to the Committees on Armed Services of the Senate and the 

House of Representatives no later than 6 months after the enactment of this Act that examines Department of Defense installations 

that have gained or are expected to gain military students over the 

period of 2004 through 2011 as a result of BRAC, rebasing, force 

restructuring, or change in the number of military housing units, 

and addresses the following: (1) the number of students that have 

been or are expected to be gained at those installations; (2) a plan 

for how the Department will work collaboratively with other federal agencies as well as local and state education agencies to ensure that military children have access to sufficient educational resources and facilities when they arrive at one of the new, highly 

impacted installations listed above; and (3) a list of possible funding resources, including federal grants, available to local education 

agencies to assist in funding the necessary construction, expansion, 

and additional teachers that will be required to accommodate significant increases in students due to Department of Defense initiated actions. 

Impact aid for children with severe disabilities (sec. 573) 

The Senate amendment contained a provision (sec. 584) that 

would authorize $5.0 million in Operation and Maintenance, Defense-wide activities, for impact aid payments for children with disabilities under section 8003(d) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 7703(d)), using the formula set 

forth in section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398). 

The House bill contained no similar amendment. 

The House recedes. 

Continuation of impact aid assistance on behalf of dependents of 

certain members despite change in status of member (sec. 574) 

The House bill contained a provision (sec. 563) that would adjust the process for computing the amount of funding provided by 

the Department of Education to certain local educational agencies 

heavily impacted by dependents of military personnel for the school 

year 2005–2006. The adjustment would require that children who 

attend the school, but no longer live on a military base because 

both parents are deployed or children who temporarily reside in 

military housing following the death of a military parent, continue 

to be counted as a child enrolled in school when computing average 

daily attendance for the purposes of determining the amount of assistance received. 

The Senate amendment contained no similar provision. 

The Senate recedes with a technical amendment. 


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Subtitle H—Decorations and Awards 

Eligibility for Operation Enduring Freedom campaign medal (sec. 

576) 

The House bill contained a provision (sec. 567) that would establish September 11, 2001, as the beginning date for eligibility for 

the campaign medal for Operation Enduring Freedom, which was 

established pursuant to Public Law 108–234. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Subtitle I—Consumer Protection Matters 

Requirement for regulations on policies and procedures on personal 

commercial solicitations on Department of Defense installations 

(sec. 577) 

The Senate amendment contained a provision (sec. 594) that 

would require the Department of Defense, not later than January 

1, 2006, to prescribe regulations, or modify existing regulations, relating to commercial solicitation including the sale of life insurance 

and securities, on military installations. In order to facilitate this 

requirement, the Senate provision would repeal two previously enacted legislative provisions that could delay implementation and 

are no longer required. 

The House bill contained no similar provision. 

The House recedes with an amendment that would require the 

Department to prescribe new regulations as soon as practicable 

after the date of enactment of this Act but no later than March 31, 

2006. 

Consumer education for members of the Armed Forces and their 

spouses on insurance and other financial services (sec. 578) 

The Senate amendment contained a provision (sec. 598) that 

would require the services to carry out comprehensive programs of 

consumer education for members and their spouses on insurance 

and other financial services that are available to members and routinely offered by private sector sources. The provision would also 

require that training be provided during initial entry orientation of 

military members and periodically at military installations 

throughout subsequent military service. The provision would make 

counseling and training available to members’ spouses upon request and set forth minimal qualifications for designated financial 

counselors. The provision would also set forth certain requirements 

for counseling and certification in connection with the purchase of 

life insurance policies and use of military allotments by junior enlisted personnel. 

The House bill contained no similar provision. 

The House recedes with an amendment that would delete the 

requirement in law for written certification by a commander before 

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Report on predatory lending practices directed at members of the 

Armed Forces and their dependents (sec. 579) 

The Senate amendment contained a provision (sec. 599) that 

would express the sense of the Senate that the Department of Defense should work with financial service regulators to protect the 

members of the Armed Forces from predatory lending practices and 

that legislation should be adopted that will strengthen disclosure, 

education, and other protections for military members and their 

families regarding predatory lending practices. The provision would 

also require the Secretary of Defense, in consultation with the Secretary of the Treasury; the Chairman of the Federal Reserve; the 

Chairman of the Federal Deposit Insurance Corporation; and representatives of military charity organizations and consumer organizations, to report on predatory lending practices directed at members of the Armed Forces and their families. 

The House bill contained no similar provision. 

The House recedes with an amendment that would require the 

report by the Secretary of Defense to be submitted within 180 days 

of enactment of this Act. 

Subtitle J—Reports and Sense of Congress Statements 

Report on need for a personnel plan for linguists in the Armed 

Forces (sec. 581) 

The House bill contained a provision (sec. 573) that would require the Secretary of Defense to review the career paths available 

to officer and enlisted linguists to determine if a change in their 

career management would be beneficial. The amendment would 

also require the Secretary to report the findings, results, and conclusions of this review and assessment not later than 180 days 

after the date of enactment of this Act. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Sense of Congress that colleges and universities give equal access to 

military recruiters and ROTC in accordance with the Solomon 

amendment and requirement for report to Congress (sec. 582) 

The House bill contained a provision (sec. 580) that would express the sense of the Congress that any college or university that 

discriminates against Reserve Officers’ Training Corps (ROTC) programs or military recruiters should be denied certain federal funding consistent with the provision of law known as the Solomon 

amendment, and that universities and colleges that receive federal 

funds should provide military recruiters access to college campuses 

and to college students equal in quality and scope to that provided 

all other employers. The amendment would also require the Secretary of Defense to submit a report on the colleges and universities that are denying equal access to military recruiters and 

ROTC programs 1 year after the date of enactment of this Act. 

The Senate amendment contained no similar provision. 

The Senate recedes with a technical amendment. 


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Sense of Congress concerning study of options for providing homeland defense education (sec. 583) 

The House bill contained a provision (sec. 529) that would express a sense of Congress that the Secretary of Defense, in consultation with the Secretary of Homeland Security, should establish within the National Defense University an educational institution, to be known as the National College of Homeland Security, to 

have the mission of providing strategic-level homeland security and 

homeland defense education and related research to civilian and 

military leaders from all agencies of government in order to contribute to the development of a common understanding of homeland security principles and of effective interagency homeland security strategies, doctrines, and processes. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would express a 

sense of Congress that the Secretary of Defense, in consultation 

with the Secretary of Homeland Security, should study the options 

among public and private educational institutions and facilities, including an option of using the National Defense University, for providing strategic-level homeland defense education and related research to civilian and military leaders from all agencies of government in order to contribute to the development of a common understanding of homeland defense principles and of effective interagency homeland defense strategies, doctrines, and processes. The 

results of such consultation and study should be reported to the 

Committees on Armed Services of the Senate and the House of 

Representatives, together with such recommendations as the Secretary of Defense considers appropriate, including a request for implementing legislation that would contribute to the development of 

strategic-level homeland defense education. 

Sense of Congress recognizing the diversity of the members of the 

Armed Forces serving in Operation Iraqi Freedom and Operation Enduring Freedom and honoring their sacrifices and the 

sacrifices of their families (sec. 584) 

The House bill contained a provision (sec. 1048) that would 

recognize the diversity of those killed in Operation Iraqi Freedom 

and Operation Enduring Freedom and honoring their sacrifices and 

the sacrifices of their families. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would recognize 

the diversity of all those who served vice only those killed. 

Subtitle K—Other Matters 

Expansion and enhancement of authority to present recognition 

items for recruitment and retention purposes (sec. 589) 

The House bill contained a provision (sec. 525) that would extend for 1 year the authority to award recognition items of nominal 

value provided in section 520 of the Ronald W. Reagan National 

Defense Authorization Act for Fiscal Year 2005 (Public Law 108–

375). 


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The Senate amendment contained a provision (sec. 593) that 

would expand the authority to award recognition items to all active 

and reserve components and extend it through December 31, 2007. 

The House recedes with a clarifying amendment. 

Extension of date of submittal of report of Veterans’ Disability Benefits Commission (sec. 590) 

The conferees agree to include a provision that would amend 

section 1503 of the National Defense Authorization Act for Fiscal 

Year 2004 (Public Law 108–136; 38 U.S.C. 1101 note) to authorize 

an extension until October 1, 2007, of the date on which the Commission must submit its report to the President. The conferees believe that the extension is necessary to facilitate the participation 

by the Institute of Medicine and Center for Naval Analyses in conducting a comprehensive review of key issues within the Commission’s charter. 

Recruitment and enlistment of home-schooled students in the Armed 

Forces (sec. 591) 

The Senate amendment contained a provision (sec. 522) that 

would require the Secretary of Defense to prescribe a uniform policy on the recruitment and enlistment of home-schooled students in 

the Armed Forces. 

The House bill contained no similar provision. 

The House recedes with an amendment that would require 

that the policy on the recruitment and enlistment of home-schooled 

students include a communication plan aimed at ensuring understanding throughout the recruiter force of policies applicable to 

home-schooled individuals. 

Modification of requirement for certain intermediaries under certain 

authorities relating to adoption (sec. 592) 

The Senate amendment contained a provision (sec. 655) that 

would amend section 1052 of title 10, United States Code, to authorize the reimbursement of expenses incurred in the legal adoption of a child, whether placed by a qualifying adoption agency or 

by another source authorized to place children for adoption under 

State or local law. The provision would also amend section 1072 of 

that title to include in the definition of ‘‘child’’ for medical and dental care purposes a child placed in the home of a member in anticipation of adoption, whether the child is placed by an agency or by 

another source authorized to place children by State or local law. 

The House bill contained no similar provision. 

The House recedes. 

Adoption leave for members of the Armed Forces adopting children 

(sec. 593) 

The House bill contained a provision (sec. 572) that would authorize up to 21 days of leave for a military member to be used in 

connection with an adoption that qualifies for adoption expenses 

authorized in section 1052 of title 10, United States Code. 

The Senate amendment contained a provision (sec. 573) that 

would require the Secretary of Defense to promulgate a uniform 


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policy for parental leave to be used by military members in connection with births or adoptions. 

The Senate recedes with an amendment that would require 

that in the event that two members of the Armed Forces who are 

married to each other adopt a child in a qualifying adoption only 

one member shall be allowed to take adoption leave. 

The conferees intend that regulations prescribed by the Secretary will establish a uniform policy on adoption leave for all the 

military departments. 

Addition of information to be covered in mandatory preseparation 

counseling (sec. 594) 

The House bill contained a provision (sec. 577) that would require that mandatory preseparation counseling provided to military 

members in accordance with section 1142(b) of title 10, United 

States Code, include information concerning the availability of 

mental health services and the treatment of Post-Traumatic Stress 

Syndrome and other mental health conditions. 

The Senate amendment contained a provision (sec. 1602) that 

would authorize improved transitional assistance programs for veterans, including information in preseparation counseling on civilian 

occupations and related assistance programs, including the priority 

of service for veterans in the receipt of employment, training, and 

placement services provided by the Department of Labor. 

The Senate recedes with an amendment that would include the 

additional matters in mandatory preseparation counseling. 

Report on Transition Assistance Programs (sec. 595) 

The Senate amendment contained a provision (sec. 1604) that 

would require the Secretary of Defense, in consultation with the 

Secretary of Labor and the Secretary of Veterans Affairs, to submit 

a report on actions taken to ensure that Transition Assistance Programs for military members separating from the Armed Forces (including members of the reserve components) function effectively to 

provide timely and comprehensive transition assistance. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment. 

Improvement to Department of Defense capacity to respond to sexual 

assault affecting members of the Armed Forces (sec. 596) 

The House bill contained a provision (sec. 578) that would require the Secretary of Defense to conduct an inventory of supplies 

and resources, including rape kits, trained personnel and transportation resources, assigned or deployed to deal with sexual assault 

in deployed units. The provision would also require the Secretary 

to develop an action plan to enhance the availability of resources 

in response to sexual assaults in deployed units. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

Secretary to develop a system for tracking cases in which care for 

a victim of sexual assault or prosecution of an alleged perpetrator 

was hindered by the lack of a rape kit or other needed supplies and 

resources. The amendment would also require a report by the Secretary within 120 days of enactment of this Act for ensuring the 


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availability of supplies and trained personnel and resources for responding to sexual assaults occurring in deployed units. The 

amendment would include additional elements related to the availability of resources for deployed units to the annual report on sexual assaults required by section 577 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 

108–375). 

Authority for appointment of Coast Guard flag officer as Chief of 

Staff to the President (sec. 597) 

The House bill contained a provision (sec. 508) that would 

amend title 14, United States Code, to authorize the President, by 

and with the advice and consent of the Senate, to appoint a flag 

officer of the U.S. Coast Guard to be the Chief of Staff to the President. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Prayer at military service academy activities (sec. 598) 

The Senate amendment contained a provision (sec. 1079) that 

would authorize the superintendent of a service academy to have 

in effect a policy with respect to the offering of a voluntary, nondenominational prayer at an authorized activity of the academy, 

subject to the U.S. Constitution and such limitations as the Secretary of Defense may prescribe. 

The House bill contained no similar provision. 

The House recedes. 

Modification of authority to make military working dogs available 

for adoption (sec. 599) 

The conferees agree to a provision that would amend section 

2583 of title 10, United States Code, to authorize the service secretaries to make military working dogs available for adoption under 

unusual or extraordinary circumstances before the end of their useful working life. The conferees believe that additional flexibility is 

needed in responding to exceptional requests for adoption of military working dogs, particularly those arising from wartime conditions. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Administrative censures of members of the Armed Forces 

The Senate amendment contained a provision (sec. 554) that 

would codify the authority of the Secretary of Defense and the service secretaries to issue administrative censures in writing to members of the Armed Forces. An administrative censure is a statement 

of adverse opinion or criticism with respect to the conduct or performance of duty by a military member. Such administrative censures are not subject to appeal and are final when issued. 

The House bill contained no similar provision. 

The Senate recedes. 

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tary Justice, to administratively censure members of the Armed 

Forces when facts and circumstances so require. While the conferees believe that codification of the authority to administratively 

censure is not required, it is important that senior civilian and 

military leaders who are responsible for ensuring accountability in 

the aftermath of failures and deficiencies in performance by military personnel understand the availability of this authority and use 

it when warranted. 

CAPSTONE overseas field studies trips to People’s Republic of 

China and Republic of China on Taiwan 

The House bill contained a provision (sec. 528) that would require the Secretary of Defense to direct the National Defense University to ensure that field study visits to China and Taiwan are 

integral components of the CAPSTONE program carried out by the 

university. 

The Senate amendment contained no similar provision. 

The House recedes. 

Cold War Victory Medal 

The House bill contained a provision (sec. 565) that would require the Secretary of Defense to design and issue a Cold War Victory Medal, and prescribe the eligibility criteria. 

The Senate amendment contained no similar provision. 

The House recedes. 

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 

The Senate amendment contained a provision (sec. 539) that 

would amend section 12731 of title 10, United States Code, to provide that members of the ready reserve who have served on active 

duty after September 11, 2001, would be eligible to have their age 

for receipt of retired pay reduced by 3 months for each aggregate 

of 90 days of active duty performed in any fiscal year. Qualifying 

service for purposes of this provision would be service on active 

duty pursuant to a call or order to active duty in support of a contingency operation or under a call to service authorized by the 

President or Secretary of Defense under section 502(f) of title 32, 

United States Code, for purposes of responding to a national emergency declared by the President or supported by federal funds. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees are grateful for the enormous contributions of reservists and National Guardsmen in prosecuting the global war on 

terrorism. The central role of the reserve components in Operations 

Noble Eagle, Enduring Freedom, and Iraqi Freedom have demonstrated the critical importance of transformation of the reserve 

components aimed at establishing a flexible continuum of service 

that will allow the nation’s citizen-soldiers to continue to perform 

vital missions in the Armed Forces while successfully pursuing civilian careers. A key element in achieving success in this regard is 

a reserve retirement system that enhances mobilization readiness, 


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supports recruiting and retention, and equitably rewards those who 

serve on active duty for extended periods, particularly volunteers 

The Commission on the National Guard and Reserves, established by section 513 of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375) has 

been established and is currently at work. The conferees expect the 

commission, consistent with its charter, to closely examine issues 

relating to the eligibility age for receipt of retired pay and to recommend alternatives that recognize the role of the National Guard 

and reserve and that may create new incentives for ready reservists to volunteer for active service, thereby materially contributing 

to military readiness and enhanced mission capability. 

Comptroller General study of military recruiting 

The House bill contained a provision (sec. 576) that would require the Comptroller General to submit a report on certain matters relating to violations of law by military recruiters and the sufficiency of Department of Defense policies in this regard. 

The Senate amendment contained no similar provision. 

The House recedes. 

Eligibility of certain persons for space-available travel on military 

aircraft 

The House bill contained a provision (sec. 575) that would extend eligibility for space-available transportation to gray-area retirees, i.e., members or former members of a reserve component under 

60 years of age who, but for age, would be eligible for retired pay, 

and to their dependents. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conferees note that a requirement is included elsewhere in 

this report for the Secretary of Defense to report on the feasibility 

of providing space-available travel eligibility to gray-area retirees 

and their dependents. 

Establishment of Combat Medevac Badge 

The House bill contained a provision (sec. 566) that would require the Secretaries of the Army, Navy, and Air Force to design 

and issue a Combat Medevac Badge and that would prescribe eligibility criteria. 

The Senate amendment contained no similar provision. 

The House recedes. 

Extension of waiver authority of Secretary of Education with respect 

to student financial assistance during a war or other military 

operation or national emergency 

The House bill contained a provision (sec. 571) that would extend for two years the authority provided by the Higher Education 

Relief Opportunities for Students Act of 2003 (Public Law 108–76). 

The Senate amendment contained a similar provision (sec. 

653). 

This provision is not included in the conference report because 

it is unnecessary. On September 30, 2005, legislation extending the 

waiver authority of the Secretary of Education with respect to stuVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00744 Fmt 6601 Sfmt 6601 E:\HR\OC\HR360.XXX HR360

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dent financial assistance during a war or other military operation 

or national emergency was enacted as Public Law 109–78. 

Federal assistance for state programs under the National Guard 

Youth Challenge program 

The Senate amendment contained a provision (sec. 595) that 

would phase in over 3 years a change in the federal to state matching funds ratio required by section 509(d) of title 32, United States 

Code, for the National Guard Youth Challenge program. 

The House bill contained no similar provision. 

The Senate recedes. 

Improved administration of transitional assistance programs 

The Senate amendment contained a provision (sec. 1602) that 

would amend section 1142 of title 10, United States Code, to specify additional pre-separation information that must be provided to 

reserve component members who have been serving on active duty 

continuously for at least 180 days before such members are separated. 

The House bill contained no similar provision. 

The Senate recedes. 

Members completing statutory initial military service obligation 

The House bill contained a provision (sec. 533) that would require members at the commencement of their initial period of military service to be informed of the date on which their initial military service obligation ends. The provision would also require the 

secretaries of the military departments to notify members of the Individual Ready Reserve of the date on which their initial military 

service obligation ends and prohibit the involuntary mobilization, 

or a recall to active duty, commencing after the expiration of the 

military service obligation of members of the Individual Ready Reserve. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conferees note that the Department of Defense is required 

to report on policies relating to notification to service members of 

the extent of their military service obligation elsewhere in this report. 

National Call to Service program 

The Senate amendment contained a provision (sec. 576) that 

would remove the Peace Corps from those national service programs through which National Call to Service participants may, 

after an initial period of active duty, complete their period of obligated service. The provision would also amend section 510 of title 

10, United States Code, to make certain technical corrections related to the eligibility of National Call to Service participants for 

educational benefits under titles 10 and 38, United States Code, 

and clarify that educational assistance earned through the National Call to Service program would be provided through the Department of Veterans Affairs under an agreement entered into by 

the Secretary of Defense and the Secretary of Veterans Affairs. 

The House bill contained no similar provision. 


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718 

The Senate recedes. 

The conferees note that the substance of this provision was included in a separate provision in this Act relating to the National 

Call to Service program. 

Performance by reserve component personnel of operational test and 

evaluation and training relating to new equipment 

The Senate amendment contained a provision (sec. 537) that 

would authorize the Secretary of the Army to carry out a pilot program through September 2010 to evaluate the feasibility and advisability of utilizing members of the reserve components of the Army, 

rather than contractor personnel, to perform test, evaluation, and 

new equipment training, and related activities. Up to $10.0 million 

in any fiscal year of funds available to the Army for multiyear purposes in appropriations for Research, Development, Test, and Evaluation, and for procurement, would be authorized to be transferred 

to a reserve component military personnel account in the amounts 

necessary to reimburse that account for the costs of military pay 

and allowances of reservists participating in this program. 

The House bill contained no similar provision. 

The Senate recedes. 

Repeal of limitation on authority to redesignate the Naval Reserve 

as the Navy Reserve 

The Senate amendment contained a provision (sec. 536) that 

would amend section 517(a) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375) 

to eliminate the requirement that implementation of the redesignation of the Naval Reserve as the Navy Reserve be delayed until 

after submission of conforming legislation. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees note that this provision is unnecessary because 

conforming legislation designating the Naval Reserve as the Navy 

Reserve is included elsewhere in this report. 

Sense of the Senate on notice to Congress of recognition of members 

of the Armed Forces for extraordinary acts of bravery, heroism, 

and achievement 

The Senate amendment contained a provision (sec. 575) that 

would express the sense of the Senate that certain committees and 

members of Congress should be informed when a member of the 

Armed Forces is awarded a medal or otherwise commended for an 

act of extraordinary heroism, bravery, achievement, or other distinction. 

The House bill contained no similar provision. 

The Senate recedes. 

Short title 

The Senate amendment contained a provision (sec. 1501) that 

would designate title XV of the Senate amendment as the ‘‘Military 

Recruiting Initiatives Act of 2005.’’

The House bill contained no similar provision. 

The Senate recedes. 


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719 

Short title 

The Senate amendment contained a provision (sec. 1601) that 

would designate title XVI of the Senate amendment as the ‘‘Veterans’ Enhanced Transition Services Act of 2005.’’

The House bill contained no similar provision. 

The Senate recedes. 

Standardization of grade of senior dental officer of the Air Force 

with that of senior dental officer of the Army 

The House bill contained a provision (sec. 510) that would require that the officer serving as the senior dental officer in the Air 

Force, like the senior dental officer in the Army, be appointed in 

the grade of major general. 

The Senate amendment contained no similar provision. 

The House recedes. 

Use of National Guard to provide military support to civilian law 

enforcement agencies for domestic counterterrorism activities 

The House bill contained a provision (sec. 515) that would authorize the governor of a State to order personnel of that state’s 

National Guard to active duty under title 32, United States Code, 

to provide military support to a civilian law enforcement agency, on 

a reimbursable basis, for domestic counterterrorism activities. The 

provision would define domestic counterterrorism as measures 

taken to prevent, deter, and respond to terrorism within a State. 

The Senate amendment contained no similar provision. 

The House recedes. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL 

BENEFITS 

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Pay and Allowances 

Increase in basic pay for fiscal year 2006 (sec. 601) 

The House bill contained a provision (sec. 601) that would increase basic pay for members of the Armed Forces by 3.1 percent 

effective January 1, 2006, and waiver of the adjustment required 

by section 1009 of title 37, United States Code. 

The Senate amendment contained no similar provision in view 

of the requirement regarding annual pay adjustment set forth in 

section 1009(c)(2) of title 37, United States Code. 

The Senate recedes. 

Additional pay for permanent military professors at United States 

Naval Academy with over 36 years of service (sec. 602) 

The House bill contained a provision (sec. 602) that would 

allow permanent military professors at the United States Naval 

Academy with over 36 years of service to receive the same $250- 

per-month increase that is already authorized for permanent professors at the other service academies. 

The Senate amendment contained a similar provision (sec. 

601). 


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720 

The Senate recedes. 

Basic pay rates for reserve component members selected to attend 

military service academy preparatory schools (sec. 603) 

The House bill contained a provision (sec. 603) that would clarify that reserve component members who are attending military 

service academy preparatory schools shall be paid at the rate prescribed for the member’s pay grade unless the standard rate of 

compensation provided to cadets and midshipmen is greater. 

The Senate amendment contained no similar provision. 

The Senate recedes with a technical amendment. 

Clarification of restriction on compensation for correspondence 

courses (sec. 604) 

The House bill contained a provision (sec. 604) that would clarify that members of the National Guard, as well as other members 

of the reserve components, are not authorized to be compensated 

for work associated with participation in a correspondence course 

sponsored by a uniformed service. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Enhanced authority for agency contributions for members of the 

Armed Forces participating in the Thrift Savings Plan (sec. 

605) 

The Senate amendment contained a provision (sec. 602) that 

would authorize service secretaries to make matching contributions 

to the Thrift Savings Fund pursuant to an agreement with an enlisted member covering the duration of the member’s initial enlistment. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Pilot program on contributions to Thrift Savings Plan for initial enlistees in the Army (sec. 606) 

The Senate amendment contained a provision (sec. 652) that 

would require the Secretary of the Army to conduct a pilot program 

in order to assess the extent to which contributions by the Army 

to the Thrift Savings Plan on behalf of first term enlistees would 

assist in recruiting non-prior service enlistees and result in establishing habits of financial responsibility. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment. 

Prohibition against requiring certain injured members to pay for 

meals provided by military treatment facilities (sec. 607) 

The House bill contained a provision (sec. 1524) that would 

amend section 402 of title 37, United States Code, to provide that 

members of the Armed Forces shall not be required to pay for 

meals at military treatment facilities who are undergoing medical 

recuperation or therapy, or are otherwise undergoing continuous 

care, including outpatient care, for an injury, illness, or disease incurred in support of Operation Iraqi Freedom, Operation Enduring 


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Freedom, or any other operation or area designated by the Secretary of Defense. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would make the 

provision effective from October 1, 2005, and ending on December 

31, 2006. 

Permanent authority for supplemental subsistence allowance for 

low-income members with dependents (sec. 608) 

The House bill contained a provision (sec. 605) that would 

make permanent the authority to pay the supplemental subsistence 

allowance for low-income members with dependents. 

The Senate amendment contained a similar provision (sec. 

603). 

The Senate recedes. 

Increase in basic allowance for housing and extension of temporary 

lodging expenses authority for areas subject to major disaster 

declaration or for installations experiencing sudden increase in 

personnel levels (sec. 609) 

The Senate amendment contained a provision (sec. 672) that 

would authorize the Secretary of Defense to prescribe temporary 

increases in rates of basic allowance for housing (BAH) in areas for 

which major disasters have been declared under section 401 of the 

Robert T. Stafford Disaster Relief and Emergency Assistance Act 

(42 U.S.C. § 5170). The amount of the temporary increase in BAH 

would be determined based on the amount by which the costs of 

adequate housing for civilians have increased in designated areas 

as a result of the disaster, but may not exceed an amount equal 

to 20 percent of the applicable rate of BAH. 

The House bill contained no similar provision. 

The House recedes with an amendment that would also authorize the Secretary to approve a temporary increase in BAH to 

members stationed in areas experiencing a sudden increase in the 

number of members of the Armed Forces assigned and would authorize temporary lodging expenses for these areas for up to 20 

days. This authority would appropriately be exercised in areas in 

which a rapid influx of military personnel due to such factors as 

base realignment and closure, global re-basing, and other force 

structural changes cause sudden increases in the cost of housing in 

designated areas. 

Basic allowance for housing for reserve component members (sec. 

610) 

The House bill contained a provision (sec. 606) that would 

eliminate the requirement to pay a reduced rate of basic allowance 

for housing (BAH) to reserve component members when mobilized 

to serve on active duty for periods greater than 30 days and less 

than 140 days. It would also clarify that full BAH would be paid 

to reserve component members when they are mobilized to serve on 

active duty for less than 30 days in connection with a contingency 

operation. 

The Senate amendment contained an identical provision. 

The conference agreement includes this provision. 


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Permanent increase in length of time dependents of certain deceased 

members may continue to occupy military family housing or receive basic allowance for housing (sec. 611) 

The House bill contained a provision (sec. 1526) that would extend from 180 days to 365 days the period that dependents of members of the Armed Forces who die on active duty may continue to 

occupy military family housing without charge. The provision 

would also authorize payment of the basic allowance for housing 

(BAH) for survivors of military decedents for up to 365 days if the 

dependents are residing in a private sector residence. This provision would codify enhanced housing benefits for survivors that 

were authorized under section 1022 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, 

and Tsunami Relief, 2005 (Public Law 109–13). 

The Senate amendment contained a similar provision (sec. 

605). 

The House recedes with a technical amendment. 

Overseas cost of living allowance (sec. 612) 

The House bill contained a provision (sec. 607) that would authorize service secretaries to continue to pay the overseas cost of 

living allowance when a member’s family continues to reside overseas, notwithstanding the reassignment of the sponsor to duty inside the continental United States, if the secretary concerned determines that it is in the best interest of the member or the member’s 

dependents and in the best interest of the United States. The provision would also clarify the expenses eligible for lump-sum reimbursement under section 405(d) of title 37, United States Code. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Allowance to cover portion of monthly deduction from basic pay for 

Servicemembers’ Group Life Insurance coverage for members 

serving in Operation Enduring Freedom or Operation Iraqi 

Freedom (sec. 613) 

The House bill contained a provision (sec. 1528) that would authorize an allowance to pay the full cost of life insurance coverage 

under Servicemembers’ Group Life Insurance (SGLI) for members 

serving in the theater of operations for Operation Enduring Freedom (OEF) or Operation Iraqi Freedom (OIF). The allowance would 

be in an amount equal to the lesser of the deduction from the basic 

pay of members for the amount of SGLI coverage obtained or the 

amount of the deduction otherwise made for members who have 

maximum SGLI coverage. The provision would also require the 

services to provide information about the new allowance to service 

members preparing to deploy to OEF or OIF. 

The Senate amendment contained a similar provision (sec. 

641(b)(3)) that would authorize the amount of the government-provided insurance to cover the cost of $150,000 of coverage. 

The Senate recedes with an amendment that would require, in 

the case of members who have insurance coverage under the SGLI 

and who serve in the theater of operations of OEF or OIF, payment 

of an allowance in an amount that would fund the first $150,000 

of SGLI coverage. The Secretary of Defense would be authorized, 


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723 

but not required, by this provision, to pay for an additional 

$250,000 of coverage or any portion thereof. 

Income replacement payments for reserves experiencing extended 

and frequent mobilization for active duty service (sec. 614) 

The House bill contained a provision (sec. 608) that would require payment to involuntarily mobilized reserve members of an 

amount that would replace the differential between their regular 

military compensation, plus any special or incentive pays and allowances, and the average monthly income they received during 

the 12 months preceding the month during which they were mobilized. Reservists and National Guardsmen who have private sector 

income exceeding their active duty income would be eligible for the 

income replacement payment for any full month following the date 

that the member completes 18 continuous months of service on active duty, or 24 months on active duty during the previous 60 

months, or for any month during mobilization that occurs within 

6 months of the member’s last active duty tour. Payments would 

be limited to a minimum of $50 and a maximum of $3,000 each 

month. The provision would be effective after December 2005. 

The Senate amendment contained a similar provision (sec. 607) 

that would authorize income replacement payments under the 

same conditions as the House provision except that qualifying reservists and National Guardsmen would be eligible to receive income differential payments after they have completed 180 continuous days of service on active duty. 

The Senate recedes with an amendment that would set an effective date of 180 days after the date of enactment of this Act, authorize the Secretary of Defense to issue regulations to administer 

income replacement payments, and provide for expiration of this 

authority after December 31, 2008. 

Subtitle B—Bonuses and Special and Incentive Pays 

Extension or resumption of certain bonus and special pay authorities for reserve forces (sec. 621) 

The House bill contained a provision (sec. 611) that would extend or resume the authority for the Selected Reserve reenlistment 

bonus, special pay for enlisted members assigned to certain high 

priority units, the Ready Reserve enlistment bonus for persons 

without prior service, the Ready Reserve enlistment and reenlistment bonus for persons with prior service, and the Selected Reserve enlistment bonus for persons with prior service until December 31, 2006. 

The Senate amendment contained a similar provision (sec. 

611). 

The Senate recedes with a technical amendment. 

Extension of certain bonus and special pay authorities for certain 

health care professionals (sec. 622) 

The House bill contained a provision (sec. 612) that would extend the authority to pay the nurse officer candidate accession 

bonus, the accession bonus for registered nurses, incentive special 

pay for nurse anesthetists, special pay for Selected Reserve health 


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724 

professionals in critically short wartime specialities, the accession 

bonus for dental officers, and the accession bonus for pharmacy officers until December 31, 2006. The provision would also extend the 

authority to repay education loans for certain Selected Reserve 

health professionals until January 1, 2007. 

The Senate amendment contained a similar provision (sec. 

612). 

The Senate recedes. 

Extension of special pay and bonus authorities for nuclear officers 

(sec. 623) 

The House bill contained a provision (sec. 613) that would extend the authority for the special pay for nuclear-qualified officers 

extending a period of active service, the nuclear career accession 

bonus, and the nuclear career annual incentive bonus until December 31, 2006. 

The Senate amendment contained a similar provision (sec. 

613). 

The Senate recedes. 

Extension of other bonus and special pay authorities (sec. 624) 

The House bill contained a provision (sec. 614) that would extend the authority for the aviation officer retention bonus, the reenlistment bonus for active members, the enlistment bonus for active members, the retention bonus for members with critical skills, 

and the accession bonus for new officers in critical skills until December 31, 2006. The provision would also extend the authority for 

assignment incentive pay until December 31, 2007. 

The Senate amendment contained a similar provision (sec. 

614). 

The Senate recedes. 

Eligibility of oral and maxillofacial surgeons for incentive special 

pay (sec. 625) 

The Senate amendment contained a provision (sec. 624) that 

would authorize the Secretary of Defense to pay incentive special 

pay to oral and maxillofacial surgeons, who are members of the 

dental corps, on the same basis as incentive special pay is available 

to medical corps officers. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Eligibility of dental officers for additional special pay (sec. 626) 

The House bill contained a provision (sec. 615) that would 

eliminate the restriction barring military dentists from being paid 

additional special pay while they are undergoing dental internship 

or residency training. 

The Senate amendment contained no similar provision. 

The Senate recedes with a technical amendment. 


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Increase in maximum monthly rate authorized for hardship duty 

pay (sec. 627) 

The House bill contained a provision (sec. 616) that would increase the maximum monthly rate of hardship duty pay from $300 

to $750. 

The Senate amendment contained no similar provision. 

The Senate recedes with a technical amendment. 

Flexible payment of assignment incentive pay (sec. 628) 

The House bill contained a provision (sec. 617) that would authorize assignment incentive pay to be paid on a monthly basis, in 

a lump sum, or in installments other than monthly. 

The Senate amendment contained a provision (sec. 615) that 

would also require a written agreement when assignment incentive 

pay is paid in a lump sum or in installments. 

The House recedes with an amendment that would authorize 

an increase in the maximum monthly rate of assignment incentive 

pay from the existing $1,500 to $3,000. The amendment would also 

clarify the circumstances under which repayment of assignment incentive pay must be made. 

Active duty reenlistment bonus (sec. 629) 

The House bill contained a provision (sec. 618) that would increase the maximum selective reenlistment bonus that may be paid 

to an active component member from $60,000 to $90,000. The provision would also extend the maximum years of service beyond 

which a reenlistment bonus may not be awarded from 16 years to 

20 years, repeal an obsolete pay under section 312a of title 37, 

United States Code, and authorize service secretaries to waive eligibility criteria during war and national emergency. 

The Senate amendment contained a provision (sec. 616) that 

would authorize payment of up to $75,000 to certain nuclear-qualified enlisted members of the naval service who have completed at 

least 10, but not more than 14, years of active duty. 

The Senate recedes with an amendment that would delete the 

provision permitting waiver of all or a part of the eligibility requirements for the active duty reenlistment bonus in time of war 

or national emergency. 

Reenlistment bonus for members of Selected Reserve (sec. 630) 

The House bill contained a provision (sec. 619) that would extend the maximum years of service beyond which a reenlistment 

bonus may not be awarded from 16 years to 20 years, prohibit inclusion of portions of a term of reenlistment or extension of enlistment in excess of 24 years in computing the total bonus amount, 

and authorize the service secretaries to waive eligibility criteria established in law during war or national emergency. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would delete the 

provision permitting waiver of all or a part of the eligibility requirements for the Selected Reserve reenlistment bonus in time of 

war or national emergency. 


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Consolidation and modification of bonuses for affiliation or enlistment in Selected Reserve (sec. 631) 

The House bill contained a provision (sec. 620) that would consolidate sections 308c and 308e of title 37, United States Code, setting the maximum amount that may be paid to members who affiliate with Selected Reserve units at $15,000 and that would specify 

new installment or lump-sum payment options. Under a revised 

section 308c, the section would authorize an accession bonus for enlistment of non-prior service individuals in the Selected Reserve 

with the same $15,000 maximum payment and installment or 

lump-sum options authorized for the affiliation bonus. 

The Senate amendment contained similar provisions (secs. 617 

and 1502(a)) that would consolidate the Selected Reserve enlistment and affiliation bonuses by amending section 308c and repealing section 308e of title 37, United States Code. The Senate provision would also authorize an increase in the maximum amount of 

the Selected Reserve enlistment and affiliation bonuses to $20,000. 

The House recedes with an amendment that would require the 

service secretaries to designate the skills, units, and pay grades for 

which an affiliation bonus may be paid and prescribe conditions 

and circumstances under which repayment of the bonuses would be 

required. 

Expansion and enhancement of special pay for enlisted members of 

the Selected Reserve assigned to certain high priority units (sec. 

632) 

The Senate amendment contained a provision (sec. 618) that 

would increase the amount of special pay that may be awarded to 

members of the Selected Reserve assigned to certain high priority 

units from $10 to $50 for each regular period of instruction or period of appropriate duty. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Eligibility requirements for prior service enlistment bonus (sec. 633) 

The House bill contained a provision (sec. 621) that would 

eliminate the requirement that members with prior military service must first complete their military service obligation before being 

eligible to receive a bonus for enlisting in the Selected Reserve. 

The Senate amendment contained a provision (sec. 1505) that 

would eliminate the condition that a member not previously have 

been paid a bonus (except under section 308i of title 37, United 

States Code) for enlistment, reenlistment, or extension of enlistment in a reserve component. 

The Senate recedes with an amendment that would combine 

the two provisions to make the prior service enlistment bonus more 

flexible and widely used. 

Increase and enhancement of affiliation bonus for officers of the Selected Reserve (sec. 634) 

The Senate amendment contained a provision (sec. 1506) that 

would increase the maximum amount of the bonus for certain initial service of officers of the Selected Reserve from $6,000 to 

$10,000. Additionally, the provision would eliminate the condition 


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727 

for eligibility that officers have not previously served in the Selected Reserve. 

The House bill contained no similar provision. 

The House recedes. 

Increase in authorized maximum amount of enlistment bonus (sec. 

635) 

The House bill contained a provision (sec. 622) that would increase the maximum amount of the active duty enlistment bonus 

from $20,000 to $30,000. 

The Senate amendment contained a provision (sec. 1502(b)) that would increase the maximum amount to $40,000. 

The House recedes. 

Discretion of Secretary of Defense to authorize retroactive hostile fire 

and imminent danger pay (sec. 636) 

The House bill contained a provision (sec. 623) that would authorize the Secretary of Defense to retroactively designate the period during which duty in a specific area would qualify members 

to receive special pay for duty subject to hostile fire or imminent 

danger. 

The Senate amendment contained a similar provision (sec. 

621). 

The Senate recedes. 

Increase in maximum bonus amount for nuclear-qualified officers 

extending period of active duty (sec. 637) 

The House bill contained a provision (sec. 624) that would in- crease the maximum amount of the bonus from $25,000 to $30,000 

payable to nuclear-qualified officers who extend their active duty 

service. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Increase in maximum amount of nuclear career annual incentive 

bonus for nuclear-qualified officers trained while serving as enlisted members (sec. 638) 

The House bill contained a provision (sec. 625) that would increase the maximum amount of the nuclear career annual incentive 

bonus from $10,000 to $14,000 for officers who previously, as enlisted members, received training for duty in connection with the 

supervision, operation, and maintenance of naval nuclear propulsion plants. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Uniform payment of foreign language proficiency pay to eligible reserve component members and regular component members (sec. 

639) 

The House bill contained a provision (sec. 626) that would establish one authority for foreign language proficiency pay that 

specifies the same maximum amount and installment or lump sum 

payment options for both active component and reserve component 

members. 


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728 

The Senate amendment contained a similar provision (sec. 

622). 

The Senate recedes with an amendment that would prescribe 

the conditions and circumstances under which repayment of foreign 

language proficiency pay would be required. 

Retention bonus for members qualified in certain critical skills or 

assigned to high priority units (sec. 640) 

The House bill contained a provision (sec. 627) that would authorize the retention bonus for members qualified in a critical military skill under section 323 of title 37, United States Code, to be 

paid to reserve component members and would authorize the Secretary of Defense to establish additional criteria for payment of the 

bonus. The provision would also eliminate the prohibition of payment for service beyond 25 years for members qualified in designated special operations and naval nuclear skills. 

The Senate amendment contained a provision (sec. 619) that 

would add a new section to title 37, United States Code, that would 

authorize a retention bonus for members qualified in a critical military skill with a maximum bonus amount of $100,000 over the 

course of a career. Payment of the bonus would also be authorized 

for certain members of the Selected Reserve who volunteer for assignment to high priority units. 

The Senate recedes with an amendment that would limit the 

maximum retention bonus amount for reserve component members 

to $100,000 and make it available to Selected Reserve members 

who volunteer for assignment to high priority units. 

Incentive bonus for transfer between Armed Forces (sec. 641) 

The Senate amendment contained a provision (sec. 623) that 

would authorize payment of an incentive bonus not to exceed 

$2,500 to military members of the active and reserve components 

who transfer from the regular or reserve component of one service 

to the regular or reserve component of another service. 

The House bill contained no similar provision. 

The House recedes. 

Availability of special pay for members during rehabilitation from 

wounds, injuries, and illnesses incurred in a combat operation 

or combat zone (sec. 642) 

The House bill contained a provision (sec. 1527) that would authorize the service secretaries to pay $430 per month to service 

members with combat-related injuries sustained in a combat operation or zone designated by the Secretary of Defense. The pay 

would begin the month immediately following medical evacuation. 

The pay would terminate at the end of the first month during 

which the member is either paid a benefit under the traumatic injury protection plan or the member is no longer hospitalized in a 

military treatment facility or under the auspices of the military 

health care system. 

The Senate amendment contained a provision (sec. 620) that 

would extend eligibility for receipt of special pay for duty subject 

to hostile fire or imminent danger from 3 months to the duration 

of hospitalization for wounds or injuries incurred in combat. 


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The Senate recedes with an amendment that would expand eligibility of the monthly special pay of $430 to include members who 

incur wounds, injuries, or illnesses in the line of duty in a combat 

operation or combat zone designated by the Secretary and who is 

evacuated from the theater of the combat operation or from the 

combat zone for medical treatment. The special pay would be reduced by the amount of hostile fire or imminent danger pay received. 

Pay and benefits to facilitate voluntary separation of targeted members of the Armed Forces (sec. 643) 

The Senate amendment contained a provision (sec. 674) that 

would authorize payment of separation pay and benefits to eligible 

members who, under regulations approved by the Secretary of Defense, are voluntarily separated from active duty in the Armed 

Forces. Under this provision, no member could receive as voluntary 

separation pay an amount greater than three times the full amount 

of separation pay for a member of the same pay grade and years 

of service who is involuntarily separated under section 1174 of title 

10, United States Code. The provision would be limited in its applicability until December 31, 2008, to officers who have served more 

than 6 years, but less than 12 years, as of the date of separation 

from active duty. The provision would also authorize the Secretary 

of Defense to approve the convening of selective early retirement 

boards for officers of the Navy and Air Force from October 1, 2005, 

through December 31, 2011. 

The House bill contained no similar provision. 

The House recedes with an amendment that would limit the 

maximum amount of voluntary separation pay under this provision 

to no greater than two times the full amount of separation pay for 

a member of the same pay grade and years of service who is involuntarily separated under section 1174 of title 10, United States 

Code. 

Ratification of payment of critical-skills accession bonus for persons 

enrolled in Senior Reserve Officers’ Training Corps obtaining 

nursing degrees (sec. 644) 

The House bill contained a provision (sec. 628) that would authorize nursing students enrolled in Reserve Officers’ Training 

Corps (ROTC) programs to receive a critical skills accession bonus 

of $5,000 or less under section 324 of title 10, United States Code, 

so long as they have completed the second year of an accredited 

baccalaureate degree program and they execute an agreement to 

serve on active duty as a commissioned officer in the Army Nurse 

Corps. The provision would also clarify that agreements paid under 

this subsection are retroactively authorized if executed on or after 

October 5, 2004. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would limit the 

applicability of the authorization for payment of the bonus from October 5, 2004, through December 31, 2005. 


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Temporary authority to pay bonus to encourage members of the 

Army to refer other persons for enlistment in the Army (sec. 

645) 

The House bill contained a provision (sec. 675) that would authorize the Secretary of the Army to conduct a pilot program 

through December 31, 2007, that would allow payment of up to 

$1,000 in a lump sum to a member of the Army who refers a person, who is not an immediate family member and who has not previously served in the Armed Forces, to an Army recruiter. The 

bonus would be paid if the referred person enlists in the Army or 

Army Reserve and successfully completes basic training and individual advanced training. The provision would limit to 1,000 the 

number of referral bonuses that could be offered under the pilot 

program during its first year. 

The Senate amendment contained a similar provision (sec. 

1503) that would also apply to members of the Army Reserve and 

Army National Guard. 

The House recedes with an amendment that would delete the 

limit of 1,000 on the number of referral bonuses that may be paid 

during the first year in which they are offered. 

Subtitle C—Travel and Transportation Allowances 

Authorized absences of members for which lodging expenses at temporary duty location may be paid (sec. 651) 

The House bill contained a provision (sec. 641) that would expand the circumstances under which members may continue to receive the lodging portion of their temporary duty per diem during 

absences from the temporary duty location to include absences approved by the member’s unit commander in addition to authorized 

leave. 

The Senate amendment contained no similar provision. 

The Senate recedes with a clarifying amendment that would 

require that the leave involved must be authorized under controlling service regulations. 

Extended period for selection of home for travel and transportation 

allowances for dependents of deceased member (sec. 652) 

The House bill contained a provision (sec. 642) that would increase the period of time allowed for surviving family members of 

service members who die while on active duty to select a residence 

for which they may receive travel and transportation allowances 

from 1 year to 3 years after the death of the member. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Transportation of family members in connection with the repatriation of members held captive (sec. 653) 

The House bill contained a provision (sec. 643) that would authorize the service secretaries to provide travel and transportation 

allowances for three family members of a military member on active duty who was held captive or was otherwise missing to the location where the member has been repatriated. The provision 

would also authorize waiver of the limitation on the number of 


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731 

family members of a member provided travel and transportation allowances in circumstances determined to be appropriate by the Secretary concerned. 

The Senate amendment contained a similar provision (sec. 

631(a)). 

The House recedes with an amendment that would authorize 

waiver of the limitation on the number of family members who may 

be provided travel and transportation allowances in circumstances 

determined to be appropriate by the Secretary concerned. 

The conferees note that authority for the transportation of family members in connection with the repatriation of federal civilian 

employees held captive is separately included in this Act. 

Increased weight allowances for shipment of household goods of senior noncommissioned officers (sec. 654) 

The House bill contained a provision (sec. 644) that would increase the authorized weight allowance for the shipments of household goods for members in enlisted grades of E–9, E–8, and E–7, 

with and without dependents. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Permanent authority to provide travel and transportation allowances for family members to visit hospitalized members of the 

Armed Forces injured in combat operation or combat zone (sec. 

655) 

The House bill contained a provision (sec. 1525) that would authorize payment of travel and transportation allowances for dependent family members to visit service members hospitalized in 

the United States who have incurred injuries in a combat operation 

or area designated as a combat operation or combat zone by the 

Secretary of Defense. 

The Senate amendment contained a similar provision (sec. 

631(b)(2)). 

The Senate recedes with an amendment that would clarify that 

eligibility for family members to travel under the authority of this 

provision is not conditioned on dependent status. 

Subtitle D—Retired Pay and Survivor Benefits 

Monthly disbursement to states of State income tax withheld from 

retired or retainer pay (sec. 661) 

The House bill contained a provision (sec. 651) that would authorize payment to the states of monies voluntarily withheld from 

retired or retainer pay for tax purposes on a monthly, vice quarterly, basis. 

The Senate amendment contained a similar provision (sec. 

1007). 

The Senate recedes. 

Denial of certain burial-related benefits for individuals who committed a capital offense (sec. 662) 

The House bill contained a provision (sec. 653) that would expand the reasons for denying military honors at the funeral or burVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00759 Fmt 6601 Sfmt 6601 E:\HR\OC\HR360.XXX HR360

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ial service of a member or former member by prohibiting such honors when the circumstances surrounding the death of the individual, or other circumstances involving the individual as specified 

by the Secretary of Defense, would bring discredit to the military 

department concerned. 

The Senate amendment contained a provision (sec. 678) that 

would amend section 2411 of title 38, United States Code, to prohibit burial in a national cemetery of persons who were convicted 

of capital offenses under federal or state law as defined in section 

2411. The provision would amend section 985 of title 10, United 

States Code, to prohibit rendering of funeral honors using the revised criteria in section 2411 for denial of burial. The provision 

would also prohibit rendering of funeral honors when the circumstances surrounding the person’s death or other circumstances 

as specified by the Secretary are such that to provide military honors at the funeral or burial of the person would bring discredit 

upon the service. 

The House recedes with a technical amendment. 

Concurrent receipt of veterans disability compensation and military 

retired pay (sec. 663) 

The House bill contained a provision (sec. 655) that would curtail the 10-year phased implementation of full concurrent receipt 

for military retirees receiving veterans disability compensation at 

the rate payable for 100 percent disability by reason of a determination of individual unemployability. The provision would authorize such retirees to receive full concurrent receipt of veterans 

disability compensation and military retired pay on October 1, 

2009. 

The Senate amendment contained a similar provision (sec. 645 

(a)) that would authorize eligible disabled military retirees to receive full concurrent receipt effective on date of enactment of this 

Act. 

The Senate recedes with a technical amendment. 

Additional amounts of death gratuity for survivors of certain members of the Armed Forces dying on active duty (sec. 664) 

The Senate amendment contained a provision (sec. 641) that 

would increase the amount of the death gratuity, effective retroactively to October 7, 2001, payable under sections 1475 through 

1478 of title 10, United States Code, from $12,000 to $100,000 in 

all cases in which military members die on active duty. It would 

also modify section 1967 of title 38, United States Code, that would 

increase the maximum amount payable under the Servicemembers’

Group Life Insurance (SGLI) program. The Senate amendment also 

contained a provision (sec. 645(c)) that would require that the additional payment of $150,000 authorized under section 1013(e)(2) of 

division A of the Emergency Supplemental Appropriations Act for 

Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law 109–13) be paid to survivors of all military personnel who 

died on or after October 7, 2001. 

The House bill contained a provision (sec. 1523) that would authorize, effective October 1, 2005, an increased death gratuity of 

$100,000 to be paid to designated beneficiaries of military deaths 


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733 

resulting from wounds, injuries, and illnesses incurred as a result 

of combat-related circumstances. 

The House recedes with an amendment that would delete 

modification of the SGLI program, and provide that amounts for 

payments of the increased death gratuity after the date of the enactment of this Act for deaths occurring before the date of the date 

of enactment of this Act be derived from supplemental appropriations for the Department of Defense for fiscal year 2006 for military operations in Iraq and Afghanistan and the global war on terrorism contingent upon such appropriations being enacted. 

The conferees note that the Servicemembers’ Group Life Insurance Enhancement Act of 2005 (Public Law 109–80), which was enacted on September 30, 2005, increased the maximum amount of 

coverage available under the SGLI program to $400,000 and modified the spousal notice provisions. 

Child support for certain minor children of retirement-eligible members convicted of domestic violence resulting in death of child’s 

other parent (sec. 665) 

The House bill contained a provision (sec. 654) that would authorize the payment of child support from a member’s disposable 

retired pay to a dependent child of the member when the member’s 

retired pay eligibility has been terminated because of the member’s 

abuse of a spouse that resulted in the death of the spouse. The dependent child would become eligible to receive child support after 

effective service of a court order providing for such payment. 

The Senate amendment contained no similar provision. 

The Senate recedes with a clarifying amendment. 

Comptroller General report on actuarial soundness of the Survivor 

Benefit Plan (sec. 666) 

The House bill contained a provision (sec. 656) that would 

allow veterans who elect insurable interest coverage under the Survivor Benefit Plan (SBP) to redesignate a beneficiary if their originally-named beneficiary predeceases them. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

Comptroller General to submit a report by July 31, 2006, on the 

actuarial soundness of the SBP. The elements of the report would 

include an assessment of the implications for the actuarial soundness of the SBP program of recent SBP legislative changes and projected required levels of government contributions and payments to 

the SBP program; and an assessment of the implications of permitting SBP program participants to designate a new insurable interest beneficiary if a previously designated beneficiary predeceases 

them and also of repealing the required reduction of the monthly 

SBP annuity by dependency and indemnity compensation. 


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Subtitle E—Commissary and Nonappropriated Fund 

Instrumentality Benefits 

Increase in authorized level of supplies and services procurement 

from overseas exchange stores (sec. 671) 

The House bill contained a provision (sec. 661) that would authorize an increase from $50,000 to $100,000 of the dollar limit for 

purchases by defense entities from military exchanges for goods 

and services outside the United States. 

The Senate amendment contained a similar provision (sec. 

325). 

The Senate recedes. 

Requirements for private operation of commissary store functions 

(sec. 672) 

The House bill contained a provision (sec. 662) that would establish a moratorium on studies to compare the cost effectiveness 

of commissary operations employing federal civilian employees and 

such operations employing private sector employees through December 31, 2010. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would establish 

the moratorium on such studies through December 31, 2008. 

Provision of and payment for overseas transportation services for 

commissary and exchange supplies and products (sec. 673) 

The House bill contained a provision (sec. 664) that would 

mandate that appropriated funds be used to pay for all expenses 

to ship exchange goods to overseas locations for sale to military 

personnel and their families. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment to add exchange products to the authority for overseas transportation. 

Compensatory time off for certain nonappropriated fund employees 

(sec. 674) 

The House bill contained a provision (sec. 665) that would authorize managers to grant nonappropriated fund employees compensatory time off instead of overtime pay for overtime work when 

requested by the employee. 

The Senate amendment contained a similar provision (sec. 

1102). 

The Senate recedes. 

Rest and Recuperation Leave Programs (sec. 675) 

The Senate amendment contained a provision (sec. 342) that 

would authorize $7.0 million for Operation and Maintenance, Defense-wide activities for the reimbursement of expenses of the 

Armed Forces Recreation Centers related to utilization of the facilities under official Rest and Recuperation Leave Programs. 

The House bill contained no similar provision. 

The House recedes. 


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Subtitle F—Other Matters 

Temporary Army authority to provide additional recruitment incentives (sec. 681) 

The Senate amendment contained a provision (sec. 673) that 

would authorize the Secretary of Defense to develop and initiate incentives not otherwise authorized by law to encourage military 

service. The provision, among other conditions, would require the 

Secretary to submit plans describing proposed projects to Congress 

not later than 30 days before implementation. The authority to conduct projects under this provision would terminate not later than 

the end of the 3-year period beginning on the date on which implementation commences. The Secretary would be required to submit 

to Congress on an annual basis a report on the incentives provided 

under this authority during the preceding year. 

The House bill contained no similar provision. 

The House recedes with an amendment that would limit this 

authority to the Department of the Army and permit no more than 

four recruitment projects. Recruitment incentives under this authority would be offered for not longer than a 3-year period and required notice would be 45 days before implementation. This provision would be effective until December 31, 2009. 

Clarification of leave accrual for members assigned to a deployable 

ship or mobile unit or other duty (sec. 682) 

The House bill contained a provision (sec. 674) that would clarify that service members assigned to a deployable ship or mobile 

unit, or other designated units may be authorized to accumulate up 

to 120 days of leave. 

The Senate amendment contained a similar provision (sec. 571) 

that would also authorize accrual of up to 120 days for members 

who, on or after August 29, 2005, perform duty designated by the 

Secretary of Defense as qualifying duty for purposes of this provision. 

The House recedes. 

Expansion of authority to remit or cancel indebtedness of members 

of the Armed Forces incurred on active duty (sec. 683) 

The conferees agree to a provision that would amend sections 

4837, 6161, and 9837 of title 10, United States Code, to expand the 

authority of the service secretaries to remit or cancel indebtedness 

of members of the Armed Forces incurred on active duty. The provision would authorize the service secretaries, under regulations 

prescribed by the Secretary of Defense, to forgive indebtedness of 

officers, as well as enlisted personnel, in cases in which the member is on active duty or in an active status or during the 1-year period beginning on the date a member is discharged or released from 

active status. The provision would authorize remission or cancellation of debts effective as of October 7, 2001, and expire on December 31, 2007. 


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736 

Loan repayment program for chaplains in the Selected Reserve (sec. 

684) 

The Senate amendment contained a provision (sec. 675) that 

would authorize service secretaries, under regulations prescribed 

by the Secretary of Defense, to repay certain education loans incurred by chaplains in the Selected Reserve. 

The House bill contained no similar provision. 

The House recedes with a technical amendment that would 

permit service regulations to control the types of education loans 

that would be eligible for repayment under this provision. 

Inclusion of Senior Enlisted Advisor for the Chairman of the Joint 

Chiefs of Staff among senior enlisted members of the Armed 

Forces (sec. 685) 

The House bill contained a provision (sec. 671) that would add 

the Senior Enlisted Advisor for the Chairman of the Joint Chiefs 

of Staff to the list of senior enlisted positions designated to receive 

the highest level of pay for an enlisted member effective on the 

date on which an enlisted member is appointed to serve in that position. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Special and incentive pays considered for saved pay upon appointment of members as officers (sec. 686) 

The House bill contained a provision (sec. 672) that would update and add to the list of special and incentive pays and allowances that should be considered in determining the amount of pay 

and allowances of an enlisted grade formerly held by an officer who 

continues to perform the duties creating the eligibility for such pay 

and allowances and who may be entitled to saved pay treatment. 

The provision would clarify that the pay and allowances of an enlisted or warrant officer grade formerly held by an officer may continue to be paid to the officer only when the officer continues to 

perform the duty that creates the entitlement to, or the eligibility 

for, the pay or allowance. 

The Senate amendment contained a similar provision (sec. 

604). 

The House recedes with a technical amendment. 

Repayment of unearned portion of bonuses, special pays, and educational benefits (sec. 687) 

The House bill contained a provision (sec. 673) that would consolidate policies and procedures for repayment of unearned portions 

of bonuses, special pays, and educational benefits into one section. 

The provision would also clarify that the services may establish 

procedures for all such programs for determining the amount of the 

repayment required and the circumstances under which an exception to the required repayment may be granted. 

The Senate amendment contained no similar provision. 

The Senate recedes with a technical amendment. 


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Rights of members of the Armed Forces and their dependents under 

Housing and Urban Development Act of 1968 (sec. 688) 

The Senate amendment contained a provision (sec. 676) that 

would amend section 1701 of title 12, United States Code, to require that written notice be provided to homeowners explaining the 

mortgage and foreclosure rights of servicemembers and their dependents under the Servicemembers’ Civil Relief Act (50 U.S.C. 501 

et seq.) 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Extension of eligibility for SSI for certain individuals in families 

that include members of the Reserve and National Guard (sec. 

689) 

The Senate amendment contained a provision (sec. 677) that 

would amend section 1631(j)(1)(B) of the Social Security Act (42 

U.S.C. 1383(j)(1)(B)) by changing from 12 to 24 months the amount 

of time that the income of certain individuals in families that include members of the reserve and National Guard may exceed prescribed limits for eligibility for Supplemental Security Income (SSI) 

before re-application for SSI benefits would be required. This provision would only apply to members of reserve components who were 

called to active duty under sections 12301(d) or 12302 of title 10, 

United States Code, or section 502(f) of title 32, United States 

Code. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Information for members of the Armed Forces and their dependents 

on rights and protections of the Servicemembers Civil Relief Act 

(sec. 690) 

The Senate amendment contained a provision (sec. 654) that 

would require the services to provide to military members and 

their families pertinent information on the rights and protections 

available under the Servicemembers Civil Relief Act (SCRA) (50 

U.S.C. App. 501 et seq). This information should be provided during initial orientation training, when members of the reserve are 

mobilized or individually called or ordered to active duty for periods of more than 1 year, and at other appropriate times. The provision would authorize the services to provide adult dependents of 

military members information on their rights and protections 

under the SCRA. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Comptroller General report regarding compensation and benefits for 

reserve component members 

The House bill contained a provision (sec. 677) that would require the Comptroller General to prepare a report reviewing the 

terms and elements of reserve compensation, benefits, and personnel support programs, including the retirement system. 

The Senate amendment contained no similar provision. 


ycherry on PROD1PC64 with REPORTS
738 

The House recedes. 

Effective date for paid-up coverage under SBP 

The Senate amendment contained a provision (sec. 644) that 

would amend section 1452(j) of title 10, United States Code, to 

change the effective date for paid-up coverage under the Survivor 

Benefit Plan from October 1, 2008, to October 1, 2005. 

The House bill contained no similar provision. 

The Senate recedes. 

Increase in maximum rate of assignment incentive pay 

The Senate amendment contained a provision (sec. 671) that 

would authorize and increase the maximum rate of monthly assignment incentive pay from $1,500 to $3,000. 

The House bill contained no similar provision. 

The Senate recedes because this authorization is included elsewhere in this report. 

Provision of information technology services for accommodations 

provided by non-appropriated fund instrumentalities for 

wounded members of the Armed Forces and their families 

The House bill contained a provision (sec. 663) that would authorize the secretary concerned to provide information technology 

equipment and Internet access to service members and their families residing in facilities operated by non-appropriated funds while 

the member receives medical treatment. 

The Senate amendment contained no similar provision. 

The House recedes. 

Repeal of requirement of reduction of SBP survivor annuities by dependency and indemnity compensation 

The Senate amendment contained a provision (sec. 643) that 

would amend sections 1450 and 1451 of title 10, United States 

Code, to repeal the requirement for reduction of annuities received 

under the Survivor Benefit Plan (SBP) by the amount of dependency and indemnity compensation paid to beneficiaries under section 1311(a) of title 38, United States Code. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees believe that a comprehensive assessment of the 

SBP program is needed. In a separate provision in this report, the 

Comptroller General is directed to study the SBP including assessments of the implications for the actuarial soundness of recent SBP 

legislative changes and projected required levels of government 

contributions and payments to the SBP program, and an assessment of the implications of permitting SBP program participants to 

designate a new insurable interest beneficiary if a previously designated beneficiary predeceases them and of repealing the required 

reduction of the monthly SBP annuity by dependency and indemnity compensation. 


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Revision to eligibility for nonregular service retirement after establishing eligibility for regular retirement 

The House bill contained a provision (sec. 652) that would 

allow service members who are qualified for active duty retirement 

to continue to serve in an active reserve status and remain eligible 

for a reserve retirement at age 60 without being required to be formally retired under the applicable active duty authority as required by current law. 

The Senate amendment contained no similar provision. 

The House recedes. 

Special compensation for reserve component members who are also 

tobacco farmers adversely affected by terms of tobacco quota 

buyout 

The House bill contained a provision (sec. 676) that would require the Secretary of Defense to reimburse members of the reserve 

component who received reduced compensation under the Fair and 

Equitable Tobacco Reform Act of 2004 (Public Law 108–357 (title 

VI)) (7 U.S.C. 518) as a result of their mobilization to serve on active duty. The provision would require the Secretary of Defense, in 

consultation with the Secretary of Agriculture, to pay members 

who were producers of quota tobacco for at least 2 of the 3 tobacco 

market years before 2002 an amount equal to 70 percent of the difference between the amount the member will receive under the Act 

and the amount the member would have likely received had the 

member remained a full-time producer of quota tobacco and had 

not been ordered to active duty. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conferees recognize that certain mobilized reservists, who 

are full-time tobacco farmers and tobacco quota holders, may have 

been precluded from qualifying under the Fair and Equitable Tobacco Reform Act of 2004 for benefits as a result of their active 

duty service. The conferees believe that every effort should be made 

to fairly compensate reserve and National Guard members whose 

military service adversely affected their standing under the tobacco 

reform program. The conferees urge the Secretary of Agriculture, 

in consultation with the Secretary of Defense, to take appropriate 

action to develop a means to assure equitable treatment of qualifying members of the reserve and National Guard. 

TITLE VII—HEALTH CARE PROVISIONS 

ITEMS OF SPECIAL INTEREST

Plan to expedite authorization for use of medical products in an 

avian or pandemic influenza emergency 

The conferees note that the Project BioShield Act of 2004 (Public Law 108–276) provides a framework for authorizing the emergency use of medical products that are not approved by the Food 

and Drug Administration (FDA) or the Department of Health and 

Human Services (HHS). The conferees further note that avian and 

pandemic influenza are an emerging threat to military personnel, 

dependents of military personnel on military installations, and ciVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00767 Fmt 6601 Sfmt 6601 E:\HR\OC\HR360.XXX HR360

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vilian personnel within the Department of Defense. Currently, no 

FDA approved vaccine for avian influenza is available. 

Consequently, the conferees direct the Secretary of Defense, in 

coordination with the Secretary of Health and Human Services, to 

submit to the Committees on Armed Services of the Senate and the 

House of Representatives not later than May 1, 2006, a plan to expedite authorization for use of unapproved medical products in an 

avian or pandemic influenza emergency with respect to military 

personnel, dependents of military personnel on military installations, and civilian personnel within the Department of Defense. 

The plan shall include the following: (1) identification of each 

element of the Department of Defense that will be responsible for 

carrying out the plan to expedite authorization for emergency use 

of medical products; (2) a statement of how and under what circumstances the Department of Defense and the Military Vaccine 

Agency in particular would collaborate with the Department of 

Health and Human Services regarding the preparation of the documents to support the filing of an Emergency Use Authorization for 

the H5N1 influenza vaccine or vaccines for other strains of avian 

or pandemic influenza; (3) a statement of how the Secretary of 

Health and Human Services is evaluating the ‘‘Criteria For 

Issuance Authorization’’ (detailed in Public Law 108–276 § 564c; 

title 21 U.S.C. § 360bbb–3c) in advance of a declared pandemic influenza emergency; (4) a statement of how and under what circumstances the Secretary of Health and Human Services would 

plan to expedite approval of diagnostic tools required for responding to a pandemic avian influenza emergency; (5) a statement of 

how the Secretary of Health and Human Services is monitoring 

and reviewing, the emergency use authorization, emerging technologies that can rapidly evaluate, analyze, identify, and treat 

novel and emerging viruses; and (6) a statement of how and under 

what circumstances the Department of Defense would execute the 

authorities provided under the Project BioShield Act of 2004 (Public Law 108–276; title 21 U.S.C. § 360bbb–3) to expedite authorization for emergency use of medical products to respond to an avian 

or pandemic influenza emergency. 

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Improvements to Health Benefits for Reserves 

Enhancement of TRICARE Reserve Select Program (sec. 701) 

The House bill contained a provision (sec. 703) that would authorize enhancements to the TRICARE Reserve Select Program for 

members of the Selected Reserve who have served on extended active duty since September 11, 2001, and who commit to continued 

service in the Selected Reserve, as authorized in section 701 of the 

Ronald W. Reagan National Defense Authorization Act for Fiscal 

Year 2005 (Public Law 108–375). The provision would: 

(1) allow an eligible member to accumulate earned coverage under TRICARE Reserve Select, if recalled to active duty 

before the period of health care coverage for which the member 

is eligible terminates, and complete each period of coverage 

consecutively; 


ycherry on PROD1PC64 with REPORTS
741 

(2) allow a member of the Selected Reserve who is enrolled 

in TRICARE Reserve Select and who is separated from service 

involuntarily, to include involuntary retirement, to complete a 

period of health care coverage under TRICARE Reserve Select 

after separation from service; 

(3) authorize the Secretary of Defense to establish special 

circumstances under which members of the Individual Ready 

Reserve would qualify for enrollment in TRICARE Reserve Select; 

(4) allow a member of the Individual Ready Reserve who 

is unable to find a position in the Selected Reserve and who 

is otherwise eligible for coverage under this section a period of 

1 year in which to find a position in the Selected Reserve, during which the member’s eligibility is retained, but coverage 

would not begin until the member becomes a member of the 

Selected Reserve; 

(5) authorize 6 months of extended health care coverage 

for family members following the death of a reserve member; 

and 

(6) allow a member 120 days after release from active duty 

to elect participation in TRICARE Reserve Select. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would allow eligible members of the Selected Reserve to consecutively complete 

earned periods of TRICARE coverage; allow a member of the Individual Ready Reserve to retain eligibility for coverage for 1 year 

while finding a position in the Selected Reserve; authorize 6 

months of extended health care coverage for family members following the death of a reserve member; and allow 90 days after release from active duty for an eligible member of the Selected Reserve to elect participation in TRICARE Reserve Select. 

Expanded eligibility of members of the Selected Reserve under the 

TRICARE program (sec. 702) 

The Senate amendment contained a provision (sec. 705) that 

would expand eligibility for nearly all members of the Selected Reserve to enroll in TRICARE Standard while in a non-active duty 

status, whether or not the member had served on extended active 

duty in support of a contingency. The member would pay a premium equal to 28 percent of the annual premium established by 

the Secretary of Defense as the basis for such coverage. 

The House bill contained no similar provision. 

The House recedes with an amendment that would authorize 

TRICARE Standard coverage for all members of the Selected Reserve, and their families, who commit to continued service in the 

Selected Reserve. The amendment would also set the level of government subsidy based on new categories of eligibility. 

The amendment, combined with enhancements to TRICARE 

Reserve Select authorized elsewhere in this Act, would establish a 

multi-tier TRICARE benefit. The highest tier of TRICARE coverage 

would be for reserves who have served on extended periods of active duty in support of a contingency operation since September 11, 

2001, and who commit to continued service in the Selected Reserve. 


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The amendment would expand eligibility for government-subsidized TRICARE coverage by creating two additional tiers of coverage. One new tier of coverage would authorize members of the 

Selected Reserve who are not eligible for coverage under TRICARE 

Reserve Select and who receive unemployment compensation or 

who do not have access to employer-provided insurance to obtain 

coverage under the Standard option of TRICARE while in a nonactive duty status. The member would pay 50 percent of the annual 

premium established by the Secretary for such coverage. The coverage would be available as long as the member continues to serve 

in the Selected Reserve, and would include all benefits of the 

TRICARE Standard option, including access to military treatment 

facilities on a space-available basis. 

The amendment would further authorize a third tier of coverage for members of the Selected Reserve in a non-active duty status who, though they have not served on extended active duty in 

support of a contingency and have access to employer-provided 

health care coverage, elect coverage under TRICARE Standard. In 

this instance, the member would pay 85 percent of the annual premium established by the Secretary and coverage would be available, as is true for all health care options available to reserves, 

only as long as the member continues as a drilling member of the 

Selected Reserve. 

The amendment would require that the Secretary implement 

the new benefits for members of the Selected Reserve not later 

than October 1, 2006. 

The conferees view expanded benefits for members of the Selected Reserve as an opportunity for members of the Selected Reserve and their families, who commit to continued service in the 

Selected Reserve, to have access to high quality health care coverage under TRICARE while they are in a non-active duty status. 

The amendment is not intended to replace employer-provided 

health insurance, or for the member to be made ineligible for or to 

be persuaded to opt out of employer-provided health insurance 

based on membership in the reserves. 

Subtitle B—TRICARE Program Improvements 

Additional information required by surveys on TRICARE Standard 

(sec. 711) 

The House bill contained a provision (sec. 702) that would expand the scope of the survey of the TRICARE Standard health care 

program that is required by section 723 of the National Defense 

Authorization Act for Fiscal Year 2004 (Public Law 108–136). 

The Senate amendment contained a similar provision (sec. 

715). 

The Senate recedes. 

Availability of chiropractic health care services (sec. 712) 

The House bill contained a provision (sec.704) that would require the Secretary of Defense to conduct a study of the costs and 

feasibility of providing chiropractic health care services to the following categories of beneficiaries in the military health care system: active duty and their dependents, reserve component members 


ycherry on PROD1PC64 with REPORTS
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and their dependents, and retirees and their dependents. The provision would also require the Secretary to develop a plan not later 

than March 31, 2006, to provide chiropractic health care services 

and benefits as a permanent part of the Defense Health Program 

(including TRICARE), and report to the congressional defense committees not later than March 31, 2006, on the study and plan. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

Air Force to complete implementation of chiropractic services for 

active duty members at 11 sites, which had not opened in accordance with the Department of Defense Report on Chiropractic 

Health Care Implementation Plan (August 2001). The amendment 

would authorize the Secretary to identify alternate sites if any of 

the 11 identified in the Department of Defense report is no longer 

feasible. 

The conferees applaud the efforts of the Army and the Navy 

to provide chiropractic services to active duty members in accordance with the August 2001 plan, and encourage the Army and 

Navy to complete implementation at all sites identified in the August 2001 plan as well. 

Surviving-dependent eligibility under TRICARE dental plan for 

surviving spouses who were on active duty at time of death of 

military spouse (sec. 713) 

The House bill contained a provision (sec. 705) that would expand eligibility for survivor benefits under the TRICARE dental 

plan to include the active duty spouse of a member who dies while 

on active duty for a period of more than 30 days. 

The Senate amendment contained a similar provision (sec. 

703). 

The Senate recedes. 

Exceptional eligibility for TRICARE Prime Remote (sec. 714) 

The House bill contained a provision (sec. 706) that would authorize the Secretary of Defense to waive the requirement in section 1079(p) of title 10, United States Code, that a dependent eligible for coverage under the TRICARE Prime Remote program reside 

with the member, if the Secretary determines that exceptional circumstances exist that warrant such coverage. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

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. 715) 

The Senate amendment contained a provision (sec. 704) that 

would authorize any dependent child of a deceased service member 

to continue to receive benefits under TRICARE Prime as if the 

service member parent were still alive, and without annual premiums, until the age of 21 or 23 if enrolled in an educational program. 

The House bill contained no similar provision. 

The House recedes. 


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744 

TRICARE Standard in TRICARE regional offices (sec. 716) 

The Senate amendment contained a provision (sec. 711) that 

would require the designation of a position in each TRICARE regional office for the purpose of assisting beneficiaries who use the 

Standard option under the TRICARE program. 

The House bill contained no similar provision. 

The House recedes with an amendment that would clarify that 

the TRICARE regional offices would be responsible for the monitoring, oversight, and improvement of the Standard option. The 

amendment would require an annual report to the Committees on 

Armed Services of the Senate and the House of Representatives on 

those activities, including actions taken by the Department of Defense to address challenges that have been identified by health care 

providers and beneficiaries with respect to use of the TRICARE 

Standard option. 

Qualifications for individuals serving as TRICARE regional directors (sec. 717) 

The Senate amendment contained a provision (sec. 718) that 

would require that, effective on the date of enactment of this Act, 

any individual serving in the position of TRICARE Regional Director must be either a general or flag officer, or Department of Defense civilian in the Senior Executive Service, and have at least 10 

years of health care experience. 

The House bill contained no similar provision. 

The House recedes with an amendment that would require 

that the qualifications apply to persons selected for such positions 

as of the date of enactment of this Act, and clarify that a non-Department of Defense civilian who possesses the required experience 

may be selected to serve in the position of TRICARE Regional Office Director. 

Subtitle C—Mental Health-Related Provisions 

Program for mental health awareness for dependents and pilot 

project on Post-Traumatic Stress Disorder (sec. 721) 

The House bill contained a provision (sec. 718) that would require the Secretary of Defense to develop a program to increase 

awareness of the availability of mental health services for dependents of members of the Armed Forces in both the active and reserve components whose sponsor has served or will serve in a combat theater of operations. The provision would require the Secretary to evaluate whether the effectiveness of the mental health 

awareness program would be improved by providing materials in 

languages other than English. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

Secretary to develop a pilot project on Post-Traumatic Stress Disorder (PTSD). The pilot project would be designed to evaluate 

Internet-based tools available to military and civilian health care 

providers for early diagnosis and treatment of PTSD, and Internet 

tools to assist family members in the identification of the emergence of PTSD. The amendment would require a report to the conVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00772 Fmt 6601 Sfmt 6602 E:\HR\OC\HR360.XXX HR360

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745 

gressional defense committees not later than June 1, 2006, on the 

pilot project. 

Pilot projects on early diagnosis and treatment of Post-Traumatic 

Stress Disorder and other mental health conditions (sec. 722) 

The Senate amendment contained a provision (sec. 732) that 

would require the Secretary of Defense to carry out three pilot 

projects on early diagnosis and treatment of Post-Traumatic Stress 

Disorder and other mental health conditions. 

The House bill contained no similar provision. 

The House recedes with an amendment that would authorize 

the Secretary to carry out two pilot projects under this section, 

which are related to clinical diagnosis and treatment of active and 

reserve members. Elsewhere in this Act, the Department of Defense Task Force on Mental Health is required to identify the 

projects in its report. A pilot project to facilitate Internet-based diagnosis and treatment of Post-Traumatic Stress Disorder and other 

mental health conditions is required elsewhere in this act. 

Department of Defense task force on mental health (sec. 723) 

The Senate amendment contained a provision (sec. 733) that 

would require the Secretary of Defense to establish a task force to 

examine mental health issues in the Armed Forces. The task force 

would consist of 14 members appointed by the Secretary, and 

would be required to develop a long-term plan to improve mental 

health services provided to members of the Armed Forces. 

The House bill contained no similar provision. 

The House recedes with an amendment that would require 

that persons appointed to the task force have expertise in national 

mental health policy and military personnel matters, and that such 

members would include at least one family member of a member 

of the Armed Forces who has experience working with military 

families. The amendment would also require the task force to identify pilot projects on early diagnosis and treatment of Post-Traumatic Stress Disorder and other mental health conditions authorized elsewhere in this Act, as well as to evaluate the efficacy of programs to ensure a seamless transition of care for members on active duty from the Department to the Department of Veterans Affairs. The amendment would require a report on the efficiency of 

pre- and post- deployment mental health screening, including mental health screenings for members of the Armed Forces who have 

experienced multiple deployments. The amendment would require 

the Secretary to develop a plan based on the recommendations of 

the task force, and submit the plan to the Committees on Armed 

Services of the Senate and House of Representatives not later than 

6 months after receipt of the task force report. 

Subtitle D—Studies and Reports 

Study relating to predeployment and postdeployment medical exams 

of certain members of the Armed Forces (sec. 731) 

The House bill contained a provision (sec. 719) that would require the Secretary of Defense to conduct a study of the effectiveVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00773 Fmt 6601 Sfmt 6602 E:\HR\OC\HR360.XXX HR360

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ness of self-administered surveys included in predeployment and 

postdeployment medical exams of members of the Armed Forces. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require 

that the study on the effectiveness of the surveys include the mental health portion of the self-administered surveys, and would require the Secretary to submit a report on the results of their study 

to the Committees on Armed Services of the Senate and the House 

of Representatives no later than 120 days after the date of enactment of this Act. 

Requirements for physical examinations and medical and dental 

readiness for members of the Selected Reserve not on active 

duty (sec. 732) 

The Senate amendment contained a provision (sec. 531) that 

would require a comprehensive physical examination on an annual 

basis for members of the Selected Reserve. 

The House bill contained no similar provision. 

The House recedes with an amendment that would require a 

comprehensive medical readiness health and dental assessment on 

an annual basis and physical examinations as the Secretary of Defense deems appropriate, and would require an annual report to 

the Secretary concerned of the medical and dental readiness of the 

member to perform military duties. 

Report on delivery of health care benefits through military health 

care system (sec. 733) 

The Senate amendment contained a provision (sec. 712) that 

would require the Secretary of Defense to submit to the congressional defense committees a report on the delivery of health care 

benefits through the military health care system. The report would 

include recommendations for legislative or administration action, 

as the Secretary considers necessary, to improve the efficiency and 

quality of the military health care system. 

The House bill contained no similar amendment. 

The House recedes. 

Comptroller General studies and report on differential payments to 

children’s hospitals for health care for children dependents and 

maximum allowable charge for obstetrical care services under 

TRICARE (sec. 734) 

The Senate amendment contained a provision (sec. 713) that 

would require the Comptroller General to conduct a study of the 

effectiveness of the Department of Defense system of differential 

payments to children’s hospitals for health care services for the dependent children of military members. The Secretary of Defense 

would be required to report to the congressional defense committees not later than November 1, 2006, on any legislative proposals 

recommended by the Comptroller General and the costs associated 

with their implementation. 

The House bill had no similar provision. 

The House recedes with an amendment that would require an 

additional study by the Comptroller General of the participation of 

civilian providers of obstetrical services in the TRICARE program, 


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747 

and of the effectiveness of the payment system under TRICARE for 

obstetrical care services. 

Report on the Department of Defense AHLTA global electronic 

health record system (sec. 735) 

The Senate amendment contained a provision (sec. 719) that 

would require the Secretary of Defense to submit a report to Congress on the Department of Defense Composite Health Care System II. 

The House bill contained no similar provision. 

The House recedes with an amendment that would remove the 

requirement for the report to include a description of the amounts 

obligated and required for the system, and to incorporate the new 

name, AHLTA, of the Department of Defense electronic health 

record system. 

The conferees applaud the Department for its development of 

an electronic health record system for the military health care system, and join in support of the Department’s vision for a continuously updated digital medical record that would be completely 

transferable electronically to the Veterans’ Health Administration. 

The conferees believe it is critical that the Department adhere to 

the schedule for full implementation of the AHLTA system in 800 

military health clinics and 70 military hospitals throughout the 

world by December 2006. 

Comptroller General study and report on Vaccine Healthcare centers 

(sec. 736) 

The Senate amendment contained a provision (sec. 720) that 

would require the Secretary of Defense to maintain a joint military 

medical center of excellence focusing on the medical needs arising 

from mandatory military vaccinations. The centers would provide 

medical assistance to individuals receiving mandatory military vaccinations and related research and educational activities. 

The House bill contained no similar provision. 

The House recedes with an amendment that would require the 

Comptroller General to conduct a study of the Vaccine Healthcare 

Centers operated by the Department of Defense, and to submit its 

findings and recommendations no later than May 30, 2006. 

Report on adverse health events associated with use of anti-malarial 

drugs (sec. 737) 

The Senate amendment contained a provision (sec. 731) that 

would require the Secretary of Defense to conduct a study of adverse health events that may be associated with the use of antimalarial drugs, including mefloquine. 

The House bill contained no similar provision. 

The House recedes with an amendment to require that the 

study include a comparison of health and mental health events, 

which may be associated with different anti-malarial drugs. The 

conferees expect that in conducting the study the Secretary will 

consult with epidemiological and clinical researchers from other 

governmental organizations, as well as with researchers outside of 

the Federal Government. 


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748 

Report on Reserve dental insurance program (sec. 738) 

The Senate amendment contained a provision (sec. 1508) that 

would require the Secretary of Defense to study and report to the 

congressional defense committees by February 1, 2007, on the most 

effective mechanism or mechanisms for paying premiums for the 

Reserve dental insurance program, and to assess the effectiveness 

of mechanisms utilized to inform members of the reserve components of the availability and benefits of the program. 

The House bill contained no similar provision. 

The House recedes. 

Demonstration project study on Medicare Advantage regional preferred provider organization option for TRICARE-medicare 

dual-eligible beneficiaries (sec. 739) 

The conferees agree to a provision that would require the Secretary of Defense to conduct a study to evaluate the application of 

the managed care methods under the new Medicare Advantage program for TRICARE-medicare dual eligible beneficiaries. The provision would require the Secretary to develop a plan to carry out the 

project only if the Secretary determines that the project is feasible, 

cost effective, and in the best interests of TRICARE-medicare dual 

eligible beneficiaries and of the Department of Defense. 

Pilot projects on pediatric early literacy among children of members 

of the Armed Forces (sec. 740) 

The Senate amendment contained a provision (sec. 585) that 

would authorize the Secretary of Defense to conduct pilot projects 

at up to 20 military medical treatment facilities to assess the feasibility of encouraging pediatric literacy among children of members 

of the Armed Forces utilizing the ‘‘Reach Out and Read’’ model of 

pediatric early literacy. 

The House bill contained no similar provision. 

The House recedes with an amendment that would provide a 

general authority for such pilot projects. 

The conferees expect that in the implementation of the pilot 

projects, the Secretary would consult with programs such as the 

Reach Out and Read National Center for advice and assistance in 

development of effective pediatric literacy projects in a military 

health care setting. 

Subtitle E—Other Matters 

Authority to relocate patient safety center; renaming MedTeams program (sec. 741) 

The House bill contained a provision (sec. 711) that would 

eliminate the requirement that the Department of Defense Patient 

Safety Center be located within the Armed Forces Institute of Pathology. The provision would also remove the name of a 

trademarked product used in an ongoing medical program. 

The Senate amendment contained a similar provision (sec. 

717). 

The Senate recedes. 


ycherry on PROD1PC64 with REPORTS
749 

Modification of health care quality information and technology enhancement reporting requirement (sec. 742) 

The House bill contained a provision (sec. 712) that would 

modify the annual health care quality reporting requirement of the 

Department of Defense as required by section 723 of the National 

Defense Authority Act for Fiscal Year 2000 (Public Law 106–65) to 

better align the report with current standards in health care quality. 

The Senate amendment contained a similar provision (sec. 

716). 

The Senate recedes with an amendment that would add a reporting requirement on measures of timeliness and accessibility of 

health care. 

The conferees are concerned that military medical leaders at 

all levels must continue to emphasize accountability and vigilance 

concerning the quality of military health care services, including 

the prompt and just disposition of adverse events. Emphasis on 

cost should never rise to a higher level of priority than the quality 

of services provided. 

The conferees are also concerned that the services provided by 

civilian networks and other contracted civilian providers be of 

equally high quality, and encourages the Department to examine 

health care staffing standards such as those promulgated by the 

Joint Commission on the Accreditation of Healthcare Organizations 

to ensure continued high quality standards by civilian providers of 

care. 

Correction to eligibility of certain reserve officers for military health 

care pending active duty following commissioning (sec. 743) 

The House bill contained a provision (sec. 713) that would ensure that Reserve Officers’ Training Corps (ROTC) graduates have 

access to military health benefits while awaiting active duty orders. 

The Senate amendment contained a similar provision (sec. 

701). 

The Senate recedes. 

Prohibition on conversions of military medical and dental positions 

to civilian medical positions until submission of certification 

(sec. 744) 

The House bill contained a provision (sec. 714) that would prohibit the secretary of a military department from converting any 

military medical position to a civilian medical position until the 

Secretary of Defense submits a certification to the Committees on 

Armed Services of the Senate and the House of Representatives 

that such conversions will not affect health care quality or access. 

The provision would also require the Comptroller General to conduct a study on the effect of such conversions on the Defense 

Health Program, and report those findings to Congress not later 

than March 1, 2006. 

The Senate amendment contained a similar provision (sec. 572) 

that would prohibit the conversion of any medical or dental military position to a civilian position until 90 days after receipt by 

Congress of a certification by the Secretary of Defense that such 

conversions did not increase civilian health care costs; that the conVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00777 Fmt 6601 Sfmt 6601 E:\HR\OC\HR360.XXX HR360

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versions were in support of joint medical and dental readiness requirements of the uniformed services; and that adequate numbers 

of civilian providers were available to fill civilian positions based 

on market surveys. 

The Senate recedes with an amendment that would require the 

certification of both medical and dental military position conversions, and would require that the Secretary of Defense submit a report to Congress along with the required certification on actions 

taken in response to the recommendations of the Comptroller General study. 

Clarification of inclusion of dental care in medical readiness tracking and health surveillance program (sec. 745) 

The House bill contained a provision (sec. 715) that would clarify that dental readiness is included in the requirement for medical 

tracking and surveillance activities authorized in the Ronald W. 

Reagan National Defense Authorization Act for Fiscal year 2005 

(Public Law 108–375). 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Cooperative outreach to members and former members of the naval 

service exposed to environmental factors related to sarcoidosis 

(sec. 746) 

The House bill contained a provision (sec. 716) that would require the Secretary of the Navy, in coordination with the Secretary 

of Veterans Affairs, to conduct an outreach program to contact 

members and former members of the naval service who may have 

increased risk of sarcoidosis as a result of having been exposed to 

particles resulting from the removal of nonskid coating used on 

naval ships. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would clarify that 

the Secretary of the Navy shall attempt to reach as many members 

and former members of the naval service as possible who may have 

had such exposure. 

Repeal of requirement for Comptroller General reviews of certain 

Department of Defense-Department of Veterans Affairs projects 

on sharing of health care resources (sec. 747) 

The Senate amendment contained a provision (sec. 714) that 

would repeal certain reporting requirements for the Comptroller 

General on defense and veterans affairs health resources sharing 

projects. 

The House bill contained no similar provision. 

The House recedes. 

Pandemic avian flu preparedness (sec. 748) 

The Senate amendment contained a provision (sec. 722) that 

would require the Secretary of Defense to report to the congressional defense committees on efforts within the Department of Defense to prepare for pandemic influenza, including avian flu. 

The House bill contained no similar provision. 


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The House recedes with an amendment that would expand the 

report requirements to include acceleration of medical research and 

development activities. 

Follow up assistance for members of the Armed Forces after 

preseparation physical examinations (sec. 749) 

The Senate amendment contained a provision (sec. 1603) that 

would require the Secretary of Defense, in consultation with the 

Secretary of Veterans Affairs, to assist a member of the Armed 

Forces in obtaining necessary follow-up health care services, which 

are required as a result of a preseparation physical examination. 

The provision would also require the Secretary to provide information on private sector sources of care and assistance to enroll in the 

health care system of the Department of Veterans Affairs. 

The House bill contained no similar provision. 

The House recedes with an amendment that would clarify that 

the follow-up services would be obtained from the Department of 

Veterans Affairs. 

Policy on role of military medical and behavioral science personnel 

in interrogation of detainees (sec. 750) 

The Senate amendment contained a provision (sec. 1071) that 

would require the Secretary of Defense to establish a policy on the 

role of military medical and behavioral science personnel in the interrogation of persons detained by the Armed Forces. 

The House bill contained no similar provision. 

The House recedes. 

The conferees note that the Department of Defense has published Department of Defense Directive 3115.09, ‘‘DoD Intelligence 

Interrogations, Detainee Debriefings and Tactical Questioning’’

(November 3, 2005), which provides limited guidance on detainee 

medical issues and refers to standards and procedures set forth by 

the Assistant Secretary of Defense for Health Affairs (ASD (HA)). 

The conferees are concerned that the policy on ‘‘Medical Program 

Principles and Procedures for the Protection and Treatment of Detainees in the Custody of the Armed Forces of the United States,’’

dated June 3, 2005, which was issued by the ASD (HA), does not 

fully address all medical issues, including the role of medical and 

behavioral personnel in interrogation, and the use and release of 

detainee medical information. 

The conferees expect that in the development of the policy required by this section, the Secretary of Defense will consult with 

and consider the views of national and international medical and 

health care professional organizations that are examining the professional ethics that govern their members’ work. 

The conferees expect that any policy promulgated by the Secretary of Defense concerning the role of medical or behavioral 

science personnel in interrogation-related matters will reflect the 

same applicability to DoD civilians, DoD contractors and non-DoD 

civilians as required by Department of Defense Directive 3115.09. 


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LEGISLATIVE PROVISIONS NOT ADOPTED

Comptroller General report on expanded partnership between the 

Department of Defense and the Department of Veterans Affairs 

on the provision on health care services 

The Senate amendment contained a provision (sec. 723) that 

would require the Comptroller General to provide a report to the 

appropriate committees of Congress that would contain an overview of the current health care systems of the Department of Defense and the Department of Veterans Affairs; a comparative analysis of the characteristics of each system; and an assessment of the 

advantages and disadvantages of an expanded partnership between 

the two Departments for the purpose of providing health care services to military retirees and their dependents. 

The House bill contained no similar provision. 

The Senate recedes. 

Early identification and treatment of mental health and substance 

abuse disorders 

The House bill contained a provision (sec. 717) that would authorize the Secretary of Defense to carry out activities to foster the 

early identification and treatment of mental health and substance 

abuse problems experienced by members of the Armed Forces, with 

emphasis on those who have served in a theater of combat operations in the preceding 12 months. The activities would focus on 

changing attitudes within the Armed Forces regarding mental 

health and substance abuse treatment, and would include informational messages directed to military members, their family members, commanders, and supervisory personnel. 

The Senate amendment contained no similar provision. 

The House recedes. 

The Department of Defense Task Force on Mental Health authorized elsewhere in this Act is directed to assess the adequacy of 

early identification and treatment of mental health and substance 

abuse problems through the use of internal mass media communication, as well as to assess other tools intended to change attitudes within the Armed Forces regarding mental health and substance abuse treatment. 

Limitation on deductible and copayment requirements for nursing 

home residents under the pharmacy benefits program 

The Senate amendment contained a provision (sec. 702) that 

would limit the out-of-pocket pharmacy expenses for a beneficiary 

who is a resident of a nursing home and who is required, by state 

law, to use nursing home pharmacy services that are not part of 

the pharmacy network under TRICARE. 

The House bill contained no similar provision. 

The Senate recedes. 

Mental health screening of members of the Armed Forces for PostTraumatic Stress Disorder and other mental health conditions 

The Senate amendment contained a provision (sec. 574) that 

would require the Secretary of Defense to perform mental health 

screenings on each member of the Armed Forces who is deployed 


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in a combat operation or to a combat zone. Such screenings would 

occur prior to deployment, and at 30 and 120 days after the date 

of the member’s return from the deployment. 

The House bill contained no similar provision. 

The Senate recedes. 

A requirement to assess the efficacy of pre- and post-deployment mental health screening is included in the Department of Defense Task Force on Mental Health authorized elsewhere in this 

Act. 

Services of mental health counselors 

The House bill contained a provision (sec. 701) that would 

allow mental health counselors to be reimbursed for services provided to TRICARE beneficiaries without prior physician referral or 

supervision. The provision would also permit mental health counselors to enter into personal service contracts with the Department 

of Defense and require that such counselors meet the licensure or 

certification requirements for ‘‘health care professional’’ established 

by section 1094 of title 10, United States Code. 

The Senate amendment contained a provision (sec. 721) that 

would authorize mental health counselors who are licensed by a 

State to provide services without physician referral or supervision 

in ‘‘medically underserved areas’’ pursuant to section 332 of the 

Public Health Service Act (42 U.S.C. 254e). The amendment would 

authorize personal services contracts, and also require the Secretary of Defense to establish rules concerning credentialing or certification of participating mental health counselors and payment 

rates. 

The conference report does not include either provision. 

The conferees recognize the valuable services that mental 

health counselors provide for valid mental health disorders under 

the TRICARE program. The Department of Defense estimates that, 

on an annual basis, 28,000 TRICARE beneficiaries have an average 

of seven visits to mental health counselors, in accordance with existing requirements for physician referral and supervision. The conferees encourage the Department to promote even greater utilization of licensed mental health counselors, where appropriate, as 

part of an integrated health care team, and to examine ways to 

make as efficient as possible the method of communication among 

primary care and mental health care providers involved in the 

treatment of valid mental health disorders in the TRICARE program. 

The conferees direct the Department report to the Committees 

on Armed Services of the Senate and the House of Representatives 

within 120 days of the date of enactment of this Act on actions 

taken to improve the efficiency and effectiveness of procedures facilitate physician referral and supervision of licensed mental health 

counselors. The report shall include a description of ‘‘best practices’’

employed throughout the military health system to ensure access 

to services provided by mental health counselors under the 

TRICARE program. The conferees encourage the Department to 

monitor closely the progress within the mental health community 

toward achievement of a national standard for graduate education 

accreditation and national professional accreditation, to include 


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uniform professional credentials for licensed mental health counselors. The report should also review the quality of care being provided under the program. 

Study and report on civilian and military partnership project 

The Senate amendment contained a provision (sec. 724) that 

would require the Secretary of Defense to conduct a study on the 

feasibility of conducting a military and civilian partnership project 

in which Department of Defense and civilian health care providers 

would provide services to military personnel and civilians at a military medical facility. 

The House bill contains no similar provision. 

The Senate recedes. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION 

MANAGEMENT, AND RELATED MATTERS 

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Provisions Relating to Major Defense Acquisition 

Programs 

Requirement for certification before major defense acquisition program may proceed to Milestone B (sec. 801) 

The House bill contained a provision (sec. 801) that would require the Secretary of Defense to certify that a major defense acquisition program meets certain criteria (including technological 

maturity requirements) before it receives Milestone B approval, or 

key Decision Point B approval in the case of a space program. The 

Secretary could waive the certification requirement for national security reasons. 

The Senate amendment contained two similar provisions (sections 809 and 858). Section 809 would require the Department of 

Defense to complete an analysis of alternatives before commencing 

a major defense acquisition program. Section 858 would extend an 

existing requirement for annual reports on major defense acquisition programs that fail to meet technological maturity requirements. 

The Senate recedes with an amendment that would: (1) incorporate the requirement for an analysis of alternatives into the 

House provision; (2) require certification or waiver by the milestone 

decision authority, rather than the Secretary; and (3) authorize 

waiver of the certification requirement only if, absent the waiver, 

the Department of Defense would be unable to meet critical national security objectives. 

Requirements applicable to major defense acquisition programs exceeding baseline costs (sec. 802) 

The House bill contained two provisions (secs. 802 and 803) 

that would modify the oversight requirements for major defense acquisition programs (MDAPs) in sections 2433 and 2435 of title 10, 

United States Code. Section 802 would require that the Secretary 

of Defense conduct an analysis of alternatives for any MDAP for 

which the program acquisition unit cost or the procurement unit 

cost rises by 15 percent over the baseline estimate. Section 803 


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would restrict the circumstances in which the Secretary may modify a baseline estimate. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would: (1) amend 

section 2435 to add a new term—‘‘original Baseline Estimate’’—and 

to restrict the circumstances in which an original baseline estimate 

may be modified; (2) add two new terms—‘‘significant cost growth’’

and ‘‘critical cost growth’’—to section 2433; (3) define significant 

cost growth and critical cost growth by reference to both the current baseline estimate for an MDAP and the original baseline estimate for the program; and (4) require additional analysis and explanation (but not a formal analysis of alternatives) for any MDAP 

that experiences critical cost growth. 

Taken together, these changes would tighten requirements for 

flagging programs that are experiencing problematic cost growth 

and ensure more rigorous review and analysis of these programs. 

The conferees believe that the added discipline imposed by these 

provisions should encourage the Department of Defense both to establish more realistic and achievable cost and performance estimates at the outset of MDAPs and to more aggressively manage 

MDAPs to avoid undesirable cost growth on these programs. 

Requirements for determination by Secretary of Defense and notification to Congress before procurement of major weapon systems 

as commercial items (sec. 803) 

The Senate amendment contained a provision (sec. 804) that 

would prohibit the purchase of a major weapon system as a commercial item unless such purchase is specifically authorized by 

Congress. 

The House bill contained no similar provision. 

The House recedes with an amendment that would require the 

Secretary of Defense, prior to any major weapon system being purchased under procedures established for the procurement of commercial items, to: (1) determine that a weapon system meets the 

definition of a commercial item; (2) determine that it is necessary 

to meet national security objectives to purchase such weapon system as a commercial item; and (3) notify congressional defense 

committees at least 30 days prior to the purchase or the treatment 

of the major weapon system as a commercial item. 

Reports on significant increases in program acquisition unit costs or 

procurement unit costs of major defense acquisition programs 

(sec. 804) 

The Senate amendment contained a provision (sec. 807) that 

would require the Secretary of Defense to report to the congressional defense committees on the acquisition status of major defense acquisition programs whose costs have exceeded by more 

than 50 percent the original baseline projection of such costs. 

The House bill contained no similar provision. 

The House recedes with an amendment that would extend the 

time for the report. 


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Report on use of lead system integrators in the acquisition of major 

systems (sec. 805) 

The Senate amendment contained a provision (sec. 809A) that 

would require the Secretary of Defense to report to the congressional defense committees on actions taken or to be taken by the 

Department of Defense regarding the use of lead system integrators for the acquisition of major systems. 

The House bill contained no similar provision. 

The House recedes with an amendment that would extend the 

time for the report, and would also make technical changes. 

Congressional notification of cancellation of major automated information systems (sec. 806) 

The Senate amendment contained a provision (sec. 809D) that 

would require the Secretary of Defense to report to the congressional defense committees no less than 60 days before any proposed 

change to the acquisition strategy of any major automated information system, as defined by Department of Defense regulations. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Subtitle B—Acquisition Policy and Management 

Internal controls for procurements on behalf of the Department of 

Defense (sec. 811) 

The Senate amendment contained a provision (sec. 801) that 

would require the Department of Defense Inspector General, in 

consultation with the Inspectors General of nondefense agencies, to 

determine whether the policies, procedures, and internal controls of 

non-defense agencies for purchases on behalf of the Department of 

Defense are adequate to ensure compliance with defense procurement requirements of law and regulation. 

The House bill contained no similar provision. 

The House recedes with an amendment that would clarify the 

language of the provision and limit the joint reviews to the Department of the Interior, the Department of the Treasury, and the National Aeronautics and Space Administration. 

Management structure for the procurement of contract services (sec. 

812) 

The Senate amendment contained a provision (sec. 802) that 

would require the secretary of each military department to establish a Contract Support Acquisition Center to act as the executive 

agent for the acquisition of contract services for that military department. The Secretary of Defense would be required to establish 

an additional acquisition center within the Defense Logistics Agency to act as the executive agent for the acquisition of contract services by the defense agencies. 

The House bill contained no similar provision. 

The House recedes with an amendment that would rewrite section 2330 of title 10, United States Code, to strengthen the requirement for the Secretary to implement a management structure for 

the procurement of contract services for the Department of Defense. 


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Section 2330, as amended, would establish a senior official responsible for the management of the acquisition of contract services 

for each of the military departments and for the defense agencies 

and components outside the military departments. Under the 

amended section 2330, the Under Secretary of Defense for Acquisition, Technology, and Logistics would be responsible for developing 

and maintaining policies, procedures, and best practices guidelines 

for the acquisition of contract services, while the senior officials responsible for the acquisition of contract services would be responsible for the implementation of those policies, procedures, and 

guidelines by the military departments and defense agencies. Each 

senior official would be required to assign responsibility for the review and approval of procurements to specific individuals in the 

Department, subject to the direction, supervision, and oversight of 

the senior official. This provision would give the Department flexibility as to the number, qualifications, and location of officers and 

employees authorized to make day-to-day decisions regarding the 

acquisition of contract services while ensuring that, in making such 

decisions, these officers and employees are subject to the direction, 

supervision, and control of an acquisition chain of command. 

The conference amendment would provide for phased implementation of the amended section 2330 to ensure that the Department has the time needed to fully implement the new requirements. 

Report on service surcharges for purchases made for military departments through other Department of Defense agencies (sec. 

813) 

The Senate amendment contained a provision (sec. 805) that 

would require the Department of Defense to review and report on 

service charges imposed on one component of the Department for 

purchases made through another component of the Department. 

The House bill contained no similar provision. 

The House recedes with an amendment that would modify the 

timing of the reporting requirement. 

Review of defense acquisition structures and capabilities (sec. 814) 

The Senate amendment contained a provision (sec. 806) that 

would require the Defense Acquisition University, acting under the 

direction of the Under Secretary of Defense for Acquisition, Technology, and Logistics, to review and report on the capabilities and 

shortfalls of the acquisition organizations of the military departments and defense agencies. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment that would 

address the scope of the study. 

Modification of requirements applicable to contracts authorized by 

law for certain military materiel (sec. 815) 

The Senate amendment contained a provision (sec. 808) that 

would modify section 2401 of title 10, United States Code, with respect to requirements for authorization by law of certain contracts 

for leasing military equipment. 

The House bill contained no similar provision. 


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The House recedes. 

Guidance on use of tiered evaluations of offers for contracts and 

task orders under contracts (sec. 816) 

The Senate amendment contained a provision (sec. 809C) that 

would require the Secretary of Defense to prescribe guidance on the 

use of tiered evaluations of offers for contracts and for task orders 

under contracts. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Joint policy on contingency contracting (sec. 817) 

The House bill contained a provision (sec. 813) that would require the establishment of a contingency contracting corps. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

Secretary of Defense, in consultation with the Chairman of the 

Joint Chiefs of Staff, to develop a joint policy for contingency contracting during combat operations and post-conflict operations. 

Acquisition strategy for commercial satellite communication services 

(sec. 818) 

The Senate amendment contained a provision (sec. 809B) that 

would require the Secretary of Defense to submit a report to the 

congressional defense committees, not later than 6 months after 

the date of the enactment of this act, on the proposed strategy of 

the Department of Defense for acquiring commercial satellite communications services. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment that would 

further define the spend analysis as required under the Senate provision. 

Authorization of evaluation factor for defense contractors employing 

or subcontracting with members of the selected reserve of the reserve components of the Armed Forces (sec. 819) 

The House bill contained a provision (sec. 820A) that would require the Department of Defense for all contracts for the procurement of goods and services to establish a source selection evaluation factor which favors entities that employ members of the Selected Reserve of the reserve components of the Armed Forces. 

The House Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would provide 

discretionary authority to the Secretary of Defense to use an evaluation factor related to the employment of members of the Selected 

Reserve. 


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Subtitle C—Amendments to General Contracting Authorities, 

Procedures, and Limitations 

Participation by Department of Defense in acquisition workforce 

training fund (sec. 821) 

The House bill contained a provision (sec. 822) that would enable the Department of Defense to contribute to, and benefit from, 

the acquisition workforce training fund. 

The Senate amendment contained a similar provision (sec. 

831). 

The Senate recedes with an amendment that would ensure 

that the Federal Acquisition Institute and the Defense Acquisition 

University have appropriate flexibility in the use of the acquisition 

workforce training fund. 

Increase in cost accounting standard threshold (sec. 822) 

The House bill contained a provision (sec. 823) that would 

amend section 26(f)(2)(A) of the Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.) to increase the cost accounting 

standard threshold to $550,000, which would correspond with the 

current Truth in Negotiations Act (Public Law 87–653) threshold. 

The Senate amendment contained no similar provision. 

The Senate recedes with a technical amendment. 

Modification of authority to carry out certain prototype projects (sec. 

823) 

The Senate amendment contained a provision (sec. 844) that 

would prohibit the use of the authority of section 845 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 

103–160) for any prototype project that is expected to cost in excess 

of $100.0 million. 

The House bill contained no similar provision. 

The House recedes with an amendment that would allow the 

use of section 845 for a prototype project in excess of $20.0 million 

but less than $100.0 million only if the senior procurement executive for the agency determines that the use of the authority is essential to promoting the success of the prototype project, and in excess of $100.0 million only if the Under Secretary of Defense determines that the use of the authority is essential to meet critical national security objectives and notifies the congressional defense 

committees of the determination at least 30 days before the authority is exercised. 

Increased limit applicable to assistance provided under certain Procurement Technical Assistance Programs (sec. 824) 

The Senate amendment contained a provision (sec. 847) that 

would increase from $150,000 to $300,000 the maximum grant for 

a statewide program under the Procurement Technical Assistance 

Program authorized by section 2414 of title 10, United States Code. 

The House bill contained no similar provision. 

The House recedes. 


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Subtitle D—United States Defense Industrial Base Provisions 

Clarification of exception from Buy American requirements for procurement of perishable food for establishments outside the 

United States (sec. 831) 

The Senate amendment contained a provision (sec. 811) that 

would clarify that the exception from the requirements of section 

2533a, title 10, United States Code, for procurement of perishable 

food for establishments outside the United States applies to procurements for an overseas defense facility, even if the procurements are not conducted by such a facility. 

The House bill contained no similar provision. 

The House recedes. 

Training for defense acquisition workforce on the requirements of 

the Berry Amendment (sec. 832) 

The Senate amendment contained a provision (sec. 834) that 

would require the training of appropriate members of the defense 

acquisition workforce in the requirements of the Berry Amendment 

(10 U.S.C. 2533a). 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Amendments to domestic source requirements relating to clothing 

materials and components covered (sec. 833) 

The House bill contained a provision (sec. 824) that would 

amend section 2533a of title 10, United States Code (known as the 

‘‘Berry Amendment’’) to: (1) require the Secretary of Defense to notify the public when the Secretary exercises a waiver; and (2) clarify that the term ‘‘clothing’’ also includes ‘‘materials and components thereof, other than sensors, electronics, or other items added 

to, and not normally associated with, clothing’’. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

The conferees note that section 2533a (b)(1)(B) of title 10, 

United States Code, as modified by this section, does not cover 

small arm protective inserts (‘‘SAPI plates’’) for body armor because 

these inserts are ‘‘added to, and not normally associated with, 

clothing’’. 

Subtitle E—Other Matters 

Review and report on Department of Defense efforts to identify contract fraud, waste, and abuse (sec. 841) 

The Senate amendment contained a provision (sec. 823) that 

would establish a risk assessment team to assess the vulnerability 

of Department of Defense contracts to fraud, waste, and abuse and 

require the Secretary of Defense to develop an action plan to address areas of vulnerability identified by the risk assessment team. 

The House bill contained no similar provision. 

The House recedes with an amendment that would require the 

Government Accountability Office to review ongoing efforts by the 

Department to identify and assess the areas of vulnerability to contract fraud, waste, and abuse. 


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Extension of contract goal for small disadvantaged businesses and 

certain institutions of higher education (sec. 842) 

The Senate amendment contained a provision (sec. 841) that 

would extend section 2323 of title 10, United States Code, for 3 

years. Section 2323 establishes a 5 percent goal for Department of 

Defense contracting with small disadvantaged businesses and certain institutions of higher education. 

The House bill contained no similar provision. 

The House recedes. 

Extension of deadline for report of advisory panel on laws and regulations on acquisition practices (sec. 843) 

The Senate amendment contained a provision (sec. 848) that 

would extend for an additional year the deadline for a final report 

by the acquisition panel established in section 1423(d) of the Services Acquisition Reform Act of 2003 (title XIV of the National Defense Authorization Act for Fiscal Year 2004; Public Law 108–136). 

The Senate provision would also require an interim report by the 

panel. 

The House bill contained no similar provision. 

The House recedes with an amendment that would extend by 

6 months the deadline for a final report by the acquisition panel. 

Exclusion of certain security expenses from consideration for purpose of small business size standards (sec. 844) 

The Senate amendment contained a provision (sec. 849) that 

would require the Administrator of the Small Business Administration to review the application of size standards for small businesses 

performing contracts in Iraq, Afghanistan, and other combat zones 

and determine whether such standards should be adjusted to reflect additional security requirements. 

The House bill contained no similar provision. 

The House recedes. 

Disaster relief for small business concerns damaged by drought (sec. 

845) 

The Senate amendment contained a provision (sec. 852) that 

would clarify the authority of the Small Business Administration 

(SBA) to provide emergency assistance, through disaster loans, to 

non-farm-related small businesses that have suffered substantial 

economic harm from drought. Currently, in cases of drought, the 

SBA takes the position that it is only authorized to provide disaster 

loans to businesses whose revenue is tied to farming and agriculture. 

The House bill contained no similar provision. 

The House recedes. 

Extension of limited acquisition authority for the Commander of the 

United States Joint Forces Command (sec. 846) 

The Senate amendment contained a provision (sec. 856) that 

would extend for 2 years limited acquisition authority of the Commander, U.S. Joint Forces Command, to acquire systems and to 

modify this authority for systems with operation and maintenance 

expenditures under $2.0 million. 


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The House bill contained no similar provision. 

The House recedes with an amendment that would provide for 

a 2-year extension of authority. 

Civilian Board of Contract Appeals (sec. 847) 

The House bill contained a title (title XIV) that would establish 

civilian and defense boards of contract appeals and transfer personnel and functions to these boards from the existing boards of 

contract appeals. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would consolidate 

the existing boards of contract appeals for civilian agencies into a 

new Civilian Board of Contract Appeals. The provision would give 

the civilian board jurisdiction over contract appeals from non-defense agencies and ensure that the board could, with the concurrence of the heads of affected agencies, assume responsibility for 

any other functions previously performed by the boards of contract 

appeals for civilian agencies. 

The conference agreement would make no change to the Armed 

Services Board of Contract Appeals (ASBCA), because the ASBCA 

already has consolidated jurisdiction for contract appeals from the 

Department of Defense, the Department of the Army, the Department of the Navy, the Department of the Air Force, and the National Aeronautics and Space Administration. 

Statement of policy and report relating to contracting with employers of persons with disabilities (sec. 848) 

The House bill contained a provision (sec. 815) that would extend for 1 year the requirements of section 853 of the Ronald W. 

Reagan National Defense Authorization Act for Fiscal Year 2005 

(Public Law 108–375) regarding contracting with the blind and severely disabled. The House provision would also require the Secretary of Defense and the Secretary of Education to develop and 

jointly issue a statement of policy regarding the implementation of 

the relevant statutory requirements and to report the results to 

Congress. 

The Senate amendment contained a similar provision (sec. 845) 

that would extend the requirements of section 853 for 1 year. 

The Senate recedes with an amendment that would require 

that the policy and report be developed and issued jointly by the 

Secretary of Defense, the Secretary of Education, and the Committee for Purchase, which is responsible for administering programs for the blind and severely disabled under the Javitz-WagnerO’Day Act (41 U.S.C. 46 et seq.). 

Study on Department of Defense contracting with small business 

concerns owned and controlled by service-disabled veterans (sec. 

849) 

The House bill contained a provision (sec. 816) that would require the Department of Defense to conduct a study on contracting 

with small businesses owned by service-disabled veterans. 

The Senate amendment contained no similar provision. 

The Senate recedes with a clarifying amendment on the scope 

of the study. 


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LEGISLATIVE PROVISIONS NOT ADOPTED

Applicability of statutory executive compensation cap made prospective 

The House bill contained a provision (sec. 811) that would address the applicability of the executive compensation cap in section 

808 of the National Defense Authorization Act for Fiscal Year 1998 

(Public Law 105–85). 

The Senate amendment contained no similar provision. 

The House recedes. 

Buy America requirement for procurements of goods containing 

components 

The House bill contained a provision (sec. 818) that would preclude the Secretary of Defense from prospectively waiving the Buy 

American Act (41 U.S.C. 10 et seq.) based on a reciprocal defense 

procurement Memorandum of Understanding with a foreign country. 

The Senate amendment contained no similar provision. 

The House recedes. 

Clarification of rapid acquisition authority to respond to combat 

emergencies 

The Senate amendment contained a provision (sec. 843) that 

would amend section 806 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314) to give 

the Department of Defense greater flexibility to address combat 

emergencies. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees note that the Senate provision adding a new category of statutes and regulations that are waivable to prevent combat fatalities was not necessary, because the Department may already waive any provision of law, policy, directive, or regulation addressing the solicitation and selection of sources pursuant to the 

authority in section 811 of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375) for 

the procurement of equipment urgently needed to eliminate a combat deficiency that has resulted in combat fatalities. 

Conditional waiver of domestic source or content requirements for 

certain countries with reciprocal procurement agreements with 

the United States 

The Senate amendment contained a provision (sec. 812) that 

would authorize the Secretary of Defense to annually determine 

whether a foreign country with a reciprocal defense procurement 

Memorandum of Understanding or agreement with the United 

States has qualitatively or quantitatively increased defense exports 

to China. If it is determined that no qualitative or quantitative increase has occurred in the previous year, the Secretary may on an 

annual basis waive the application of statutory domestic source requirements and domestic content requirements, provided that: (1) 

the application of the requirements would impede the reciprocal 

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standing between the United States and another country; and (2) 

the other country does not discriminate against items produced in 

the United States to a greater degree than the United States discriminates against items produced in that country. 

The House bill contained no similar provision. 

The Senate recedes. 

Consistency with United States obligations under trade agreements 

The Senate amendment contained a provision (sec. 813) that 

would require that no provision of this Act, or any amendment 

made by this Act, shall apply if the Secretary of Defense, in consultation with the Secretary of Commerce, the U.S. Trade Representative, and the Secretary of State, determines that the application of the provision would be inconsistent with international 

trade agreements of the United States. 

The House bill contained no similar provision. 

The Senate recedes. 

Contracting incentive for small power plants on former military 

bases 

The Senate amendment contained a provision (sec. 857) that 

would extend the authorized period for contract for certain public 

utility services from 10 years to 20 years, provided that such services are procured from a small power plant located on a qualified 

HUBZone base closure area. 

The House bill contained no similar provision. 

The Senate recedes. 

Contractors on the battlefield 

The House bill contained a title (title XVI) that would establish 

certain requirements for contractors on the battlefield, including 

contractors accompanying the force and contractors not accompanying the force. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conferees note that subsequent to action on the House bill, 

the Secretary of Defense issued regulations addressing the issue of 

contractors on the battlefield. However, the regulations issued by 

the Secretary apply only to contractors accompanying the force. 

The conferees believe that it is important for the Department 

of Defense to address issues raised by the presence on the battlefield of contractors not accompanying the force. This term includes 

contractors and subcontractors at any tier under a contract with 

any federal government agency, if the work to be performed is related to private security, reconstruction, humanitarian assistance, 

peacekeeping, or other activities in an area of responsibility of a 

commander of a combatant command in which there are ongoing 

combat operations or there is a significant risk that contractor employees could come under hostile fire. 

Accordingly, the conferees direct the Secretary to revise all relevant policy, guidance, and instructions issued pursuant to section 

1205 of the Ronald W. Reagan National Defense Authorization Act 

for Fiscal Year 2005 (Public Law 108–375) to address security 

issues raised by contractors not accompanying the force. The reVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00792 Fmt 6601 Sfmt 6602 E:\HR\OC\HR360.XXX HR360

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vised guidance should, at a minimum, address the following issues: 

(1) measures to ensure that security issues raised by contractors 

not accompanying the force are addressed in integrated planning 

by the combatant commanders; (2) measures to ensure visibility 

and accountability of employees of contractors not accompanying 

the force (including accounting for U.S. nationals, local nationals, 

and third-party nationals); (3) measures to ensure the communication of relevant threat information to contractors not accompanying 

the force; (4) measures addressing force protection and weapons 

issuance issues for contractors not accompanying the force (including accounting for the number and qualifications of all personnel 

carrying weapons); and (5) measures to ensure that the data gathered in the implementation of this guidance is kept and maintained 

in a central location for a reasonable period of time. 

Domestic source restriction for lithium ion cells and batteries 

The House bill contained a provision (sec. 819) that would add 

lithium ion cells and batteries to the list of items subject to domestic source requirements under section 2534 of title 10, United 

States Code. 

The Senate amendment contained no similar provision. 

The House recedes. 

Ensuring transparency in federal contracting 

The Senate amendment contained a provision (sec. 854) that 

would require publication of information on federal contractor penalties and violations and a report listing all federal sole source contracts related to Iraq reconstruction. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees note that in November 2003, the Government 

Accountability Office (GAO) provided the congressional defense 

committees a status briefing on the extent of competition for Iraq 

reconstruction contracts. GAO subsequently issued a June 1, 2004, 

report entitled ‘‘Rebuilding Iraq: Fiscal Year 2003 Contract Award 

Procedures and Management Challenges’’. The conferees direct 

GAO to update this work, not later than 270 days after the date 

of enactment of this Act, to address subsequent awards of contracts 

and task orders for Iraq reconstruction. 

Fair access to multiple-award contracts 

The Senate amendment contained a provision (sec. 851) that 

would address the issue of small business participation in task orders and delivery orders awarded under government-wide acquisition contracts and other multiple award contracts. 

The House bill contained no similar provision. 

The Senate recedes. 

Increased flexibility for designation of critical acquisition positions 

in defense acquisition workforce 

The House bill contained a provision (sec. 821) that would address the designation of critical acquisition positions under the Defense Acquisition Workforce Improvement Act (10 U.S.C. 1731 et 

seq.). 


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The Senate amendment contained no similar provision. 

The House recedes. 

The conferees note that this issue was addressed in section 812 

of the Ronald W. Reagan National Defense Authorization Act for 

Fiscal Year 2005 (Public Law 108–375). 

Limitation and reinvestment authority relating to reduction of the 

defense acquisition and support workforce 

The Senate amendment contained a provision (sec. 832) that 

would require a 15 percent increase in the defense acquisition and 

support workforce during fiscal years 2006 through 2008. 

The House bill contained no similar provision. 

The Senate recedes. 

Modification and extension of pilot program on share-in-savings 

contracts 

The Senate amendment contained a provision (sec. 809I) that 

would extend and modify the authority to conduct share-in-savings 

contracts at the Department of Defense. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees note that the Department has never used its authority to implement share-in-savings contracts for information 

technology solutions. The conferees direct the Secretary of Defense 

to submit a report to the Committees on Armed Services of the 

Senate and the House of Representatives regarding the utility of 

share-in-savings contracts and any steps that may be necessary 

and appropriate to make share-in-savings contracting a viable, effective, and desirable contacting method for use by the Department. The report shall be submitted by October 1, 2006. 

Pilot program to expand public-private partnerships for research 

and development 

The Senate amendment contained a provision (sec. 846) that 

would establish a 3-year pilot program giving specified Department 

of Defense organizations the ability to enter into public-private 

partnerships for research and development activities. 

The House bill contained no similar provision. 

The Senate recedes. 

Prohibition on defense contractors requiring licenses or fees for use 

of military likenesses and designations 

The House bill contained a provision (sec. 820) that would prohibit defense contractors from requiring licenses or fees for the use 

of military likenesses and designations. 

The Senate amendment contained no similar provision. 

The House recedes. 

Prohibition on procurement from beneficiaries of foreign subsidies 

The House bill contained a provision (sec. 817) that would prohibit the Secretary of Defense from entering into a contract with 

a foreign person (including a joint venture, cooperative organization, partnership, or contracting team with that foreign person), 

which has received a subsidy from the government of a foreign 


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country that is a member of the World Trade Organization, if the 

United States has requested a consultation with that foreign country on the basis that the subsidy is prohibited under the Agreement on Subsidies and Countervailing Measures. 

The Senate amendment contained no similar provision. 

The House recedes. 

Radio Frequency Identifier Technology 

The Senate amendment contained a provision (sec. 853) that 

would require the Secretary of Defense to develop and implement 

a strategy to educate the small business community regarding 

radio frequency identifier technology requirements, compliance, 

standards, and opportunities. The provision would also require the 

Secretary to report to the congressional defense committees on the 

status of efforts to establish requirements for radio frequency identifier technology for Department of Defense contracting. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees direct the Secretary to: (1) develop and implement a strategy to educate the small business community on radio 

frequency identifier technology requirements; and (2) report to the 

congressional defense committees not later than October 1, 2006, 

on the strategy and the extent to which it has been implemented. 

Rapid acquisition authority to respond to defense intelligence community emergencies 

The House bill contained a provision (sec. 825) that would provide the Secretary of Defense with rapid acquisition authority to 

procure intelligence capabilities that would enhance national security. 

The Senate amendment contained no similar provision. 

The House recedes. 

Reports on certain defense contracts in Iraq and Afghanistan 

The Senate amendment contained a provision (sec. 824) that 

would: (1) require quarterly reports from the Secretary of Defense 

on audit findings regarding costs incurred on contracts for security 

and reconstruction activities in Iraq and Afghanistan; and (2) establish requirements for withholding payments and releasing funds 

on such contracts. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees direct the Government Accountability Office to 

report to the congressional defense committees not later than 270 

days after the date of enactment of this Act on audit findings regarding costs incurred on contracts for security and reconstruction 

activities in Iraq and Afghanistan. The report should address costs 

found to be questioned or unsupported, funds withheld from contractors, and measures taken by the Department of Defense to settle disputes with contractors with regard to such costs. 


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Requirement for contracting operations to be included in interagency planning related to stabilization and reconstruction 

The House bill contained a provision (sec. 814) that would require the Secretary of Defense to include contracting operations in 

all relevant interagency planning operations of the Department of 

Defense related to stabilization and reconstruction operations. 

The Senate amendment contained no similar provision. 

The House recedes. 

Requirements for defense contractors relating to certain former Department of Defense officials 

The Senate amendment contained a provision (sec. 821) that 

would require companies that receive defense contracts in excess of 

$10.0 million (other than contracts for the procurement of commercial items) to report to the Department of Defense on an annual 

basis on former Department officials who receive compensation 

from the contractor. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees expect the General Accountability Office to address the need, if any, for a reporting requirement of this type in 

the context of the review of the Department’s efforts to identify 

contract fraud, waste, and abuse, as required by section 841. 

Review of certain contractor ethics matters 

The Senate amendment contained a provision (sec. 822) that 

would require the Secretary of Defense to review certain contractor 

ethics matters. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees note that the advisory panel on acquisition laws, 

regulations, and practices established pursuant to the Services Acquisition Reform Act of 2003 (title XIV of Public Law 108–136) (the ‘‘SARA panel’’) is currently considering these issues. The conferees 

expect the Department of Defense to review all issues addressed by 

the SARA panel upon the conclusion of that panel’s work. 

Sense of Senate on applicability of competition exceptions to eligibility of National Guard for financial assistance for performance of additional duties 

The Senate amendment contained a provision (sec. 809J) that 

would express the sense of the Senate on the circumstances in 

which the Secretary of Defense may provide financial assistance to 

the Army National Guard for the performance of certain duties 

without the use of competitive procedures. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees agree that section 806 of the Ronald W. Reagan 

National Defense Authorization Act for Fiscal Year 2005 (Public 

Law 108–375) already makes the competition requirement in section 113 of title 32, United States Code, subject to the exceptions 

in section 2304(c) of title 10, United States Code. Section 806 ensures that procedures other than competitive procedures are available for the selection of National Guard activities in the same cirVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00796 Fmt 6601 Sfmt 6601 E:\HR\OC\HR360.XXX HR360

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cumstances and to the same extent as such procedures are available for the selection of any other entity. 

Small business contracting in overseas procurements 

The Senate amendment contained a provision (sec. 850) that 

would address the issue of small business participation in overseas 

procurement. 

The House bill contained no similar provision. 

The Senate recedes. 

Technical amendments relating to defense acquisition workforce improvements 

The Senate amendment contained a provision (sec. 833) that 

would make minor technical changes to the newly revised Defense 

Acquisition Workforce Improvement Act (DAWIA), chapter 87 of 

title 10, United States Code, enacted by section 812 of the Ronald 

W. Reagan National Defense Authorization Act for Fiscal Year 

2005 (Public Law 108–375). 

The House bill contained an identical provision (sec. 1046) that 

would include various technical and clerical amendments. 

The Senate recedes. 

The changes recommended by the Senate provision will be included in the section of the bill on technical and clerical amendments. 

Temporary Inapplicability of the Berry Amendment to Procurements 

of Specialty Metals that are used to Produce Force Protection 

Equipment 

The Senate amendment contained a provision (sec. 809E) that 

would temporarily make the requirements of section 2533a inapplicable for 2 years, title 10, United States Code, to not apply for two 

years the requirements of section 2533a, title 10, United States 

Code, to procurements of specialty metals used to produce force 

protection equipment needed to prevent combat fatalities in Iraq 

and Afghanistan. 

The House bill contained no similar provision. 

The Senate recedes. 

Termination of Program 

The Senate amendment contained a provision (sec. 855) that 

would terminate the small business competitive demonstration program. 

The House bill contained no similar provision. 

The Senate recedes. 

Use of commercially available online services for federal procurement of commercial items 

The House bill contained a provision (sec. 812) that would require the use of commercially available online procurement services, including reverse auction services, to purchase commercial 

items to the maximum extent practicable. 

The Senate amendment contained no similar provision. 

The House recedes. 


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The conferees note that online procurement services, such as 

reverse auction services, are appropriate for the acquisition of some 

types of commercial items, but may not be suitable for others. For 

example, items that call for technical solutions, require modification, or will be acquired on a basis other than low-cost are unlikely 

to be suited to acquisition through reverse auction methods. There 

may be cases in which the use of commercially available online procurement services could limit access to federal agency contracts. 

The conferees direct the Administrator for Federal Procurement Policy, in consultation with the Federal Acquisition Regulatory Council established pursuant to section 25 of the Office of 

Federal Procurement Policy Act (41 U.S.C. 421), to review the use 

of online procurement services, such as reverse auction services, 

and identify: (1) types of commercial item procurements that are 

suitable for the use of such services; and (2) features that should 

be provided by online procurement services that are used by federal 

agencies. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

ITEMS OF SPECIAL INTEREST

The current state of military space 

Despite the opportunities identified for the future of military 

space highlighted by the 2001 Space Commission, the conferees believe the Department of Defense response has been disappointing. 

The conferees see fundamental shortfalls and a lack of sufficient 

improvement in three areas that diminish U.S. preeminence in 

space and threaten national security. These areas include the development of a fully qualified and competent space cadre; improvements in the acquisition system that will restore confidence in the 

development of our space systems; and the creation of Operationally Responsive Space (ORS) systems. 

The development of a qualified and competent space cadre has 

received growing attention, particularly in the Air Force. Initiatives 

such as National Security Space Institute and Space Education 

Consortium at Air Force Space Command as well as the Joint 

Space Studies Center at Air University are commendable efforts. 

The conferees are concerned, however, about the breadth and depth 

of the current plan for development of a space cadre, specifically in 

the area of education and training, in addressing the role of academia and industry in a space cadre. The conferees believe the accumulation of skills and competencies of government, academia, 

and industry represent a comprehensive view of the military space 

community for the United States. As such, the conferees recommend that the Department be more aggressive in developing 

programs and partnerships across the U.S. government, industry, 

and academia. 

While the Department has taken positive steps to improve the 

current space acquisition system, it is not yet apparent what impact these initiatives might have on the performance of space acquisition. As a result, the conferees will maintain this issue at the 

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ommend that the Department engage those issues not yet fully addressed. Those include the requisite workforce size and skills, subcontractor management, and technical maturity of acquisition 

projects. Additionally, the conferees recommend that the Department develop an alternative and complementary business model for 

space acquisition and system deployment that will increase the production rate of space systems and lower costs. 

The conferees believe ORS, the ability to assemble and launch 

a desired space-based capability on demand in a cost effective manner, has the potential to truly transform military space. The conferees believe that ORS will provide many new benefits to the military space community. The conferees also believe that ORS will 

stimulate the production of simpler, shorter living satellites, thus 

dramatically reducing current costs and shortening schedules. Additionally, low cost launch and ‘‘plug and play’’ satellite development will create the ability to refresh systems with new technology 

and fly constellations optimized for theater commanders. The conferees are disappointed in the progress achieved and are concerned 

about a lack of vision and initiative by the Department in this 

area. The conferees believe ORS will transform the battlefield and 

the way the warfighter thinks of space and, as such, strongly encourage the Air Force to embrace this concept and the Department 

to consider this in the development of the Quadrennial Defense Review. 

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—General Department of Defense Management Matters 

Parity in pay levels among Under Secretary Positions (sec. 901) 

The House bill contained a provision (sec. 901) that would 

raise the positions of the under secretaries of the three military departments to Level III of the Executive Schedule, the same level 

as the positions of the under secretaries of defense. 

The Senate amendment contained no similar provision. 

The Senate recedes with a clarifying amendment. 

Expansion of eligibility for leadership of Department of Defense Test 

Resource Management Center (sec. 902) 

The Senate amendment contained a provision (sec. 241) that 

would eliminate the requirement that the director and the deputy 

director of the Defense Test Resource Management Center be selected by the Secretary of Defense from among current and former 

civilian and military employees of the Department of Defense. 

The House bill contained a similar provision (sec. 902). 

The House recedes. 

Standardization of authority for acceptance of gifts and donations 

for Department of Defense regional centers for security studies 

(sec. 903) 

The House bill contained a provision (sec. 903) that would 

streamline the management of Department of Defense regional 

centers for security studies, including providing uniform and conVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00799 Fmt 6601 Sfmt 6602 E:\HR\OC\HR360.XXX HR360

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sistent authorities under which those centers may accept gifts and 

donations. 

The Senate amendment contained a provision (sec. 921) that 

would provide uniform authority for the Secretary of Defense to accept gifts and donations on behalf of each of the Department of Defense regional centers for security studies. 

The House recedes with a clarifying amendment. 

Directors of Small Business Programs in Department of Defense of 

military departments (sec. 904) 

The Senate amendment contained a provision (sec. 901) that 

would change the title of the Department of Defense’s ‘‘Office of 

Small and Disadvantaged Business Utilization’’ to the ‘‘Office of 

Small Business Programs’’ to more clearly represent the office’s 

span of authority. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Plan to defend the homeland against cruise missiles and other lowaltitude aircraft (sec. 905) 

The Senate amendment contained a provision (sec. 902) that 

would direct the Secretary of Defense to develop a plan for the defense of the United States against cruise missiles, unmanned aerial 

vehicles, and other low-altitude aircraft. The provision would also 

establish an executive agent in the Department of Defense to manage the acquisition of capabilities necessary to defend the homeland against these threats. 

The House bill contained no similar provision. 

The House recedes with an amendment that would require the 

Secretary to prepare and submit the plan to Congress within 6 

months of enactment of the act. Instead of requiring the Secretary 

to designate an executive agent, the amendment would require the 

Secretary to identify in the plan an official or office within the Department to be responsible for coordinating the implementation of 

the plan from both an operational and acquisition perspective. 

Provision of audiovisual support services by White House Communications Agency on nonreimbursable bases (sec. 906) 

The Senate amendment contained a provision (sec. 903) that 

would clarify the mission of the White House Communications 

Agency to include audiovisual support services for the President. 

The House bill contained no similar provision. 

The House recedes with a technical amendment that would 

change the date of enactment to conform with passage of this Act. 

Report on establishment of a Deputy Secretary of Defense for Management (sec. 907) 

The Senate amendment contained a provision (sec. 905) that 

would require the Secretary of Defense to select two Federally 

Funded Research and Development Centers to conduct independent 

studies of the feasibility and advisability of establishing a Deputy 

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quired by this section would address the extent to which the establishment of a Deputy Secretary of Defense for Management would 

improve the management of the Department of Defense; expedite 

the process of management reform in the Department; and enhance 

the implementation of business systems modernization in the Department. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Responsibility of the Joint Chiefs of Staff as military advisers to the 

Homeland Security Council (sec. 908) 

The Senate amendment contained a provision (sec. 907) that 

would designate the Chairman of the Joint Chiefs of Staff as the 

principal military adviser to the Homeland Security Council. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Improvement in health care services for residents of Armed Forces 

Retirement Home (sec. 909) 

The Senate amendment contained a provision (sec. 642) that 

would require certain management changes within the Armed 

Forces Retirement Home and expanded physician, dental, and 

transportation services. 

The House bill contained no similar provision. 

The House recedes with an amendment that would require 

that a physician and dentist be available at each facility of the retirement home during daily business hours, and that daily scheduled transportation to nearby medical facilities be available at no 

cost. The amendment would require the development of health care 

access standards by the Chief Operating Officer and would also require an assessment by the Comptroller General on monitoring and 

oversight of health care services for residents of the retirement 

home. 

Subtitle B—Space Activities 

Space Situational Awareness Strategy and space control mission review (sec. 911) 

The House bill contained a provision (sec. 911) that would direct the Secretary of Defense to develop a formal strategy, systems 

architecture, and a capabilities roadmap for space situational 

awareness, and update the strategy every two years. 

The Senate amendment contained a provision (sec. 911) that 

would require the Secretary to establish an independent panel to 

assess Department of Defense space control activities, including 

space situational awareness. 

The Senate recedes with an amendment that would direct the 

Secretary to provide for an independent review and assessment of 

Department requirements for its space control mission. 

Military satellite communications (sec. 912) 

The House bill contained a provision (sec. 912) that would direct the National Security Space Office to conduct an independent 

assessment of options to evolve the capabilities of the Advanced ExVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00801 Fmt 6601 Sfmt 6602 E:\HR\OC\HR360.XXX HR360

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tremely High Frequency and Wideband Gapfiller Systems until the 

high-risk technologies proposed for the Transformational Satellite 

Communications System can be further developed and matured. 

The Senate amendment contained no similar provision. 

The Senate recedes with a technical amendment. 

Operationally responsive space (sec. 913) 

The House bill contained a provision (sec. 913) that would direct the Secretary of Defense to create or designate an organization 

to focus the development of payload technology for small satellites. 

This organization would develop an annual master plan describing 

focus areas for technology development, and distribute appropriated funds for projects within those focus areas. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Report on use of Space Radar for topographical mapping for scientific and civil purposes (sec. 914) 

The Senate amendment contained a provision (sec. 1045) that 

would direct the Secretary of Defense to submit a report to the congressional defense committees, not later than January 15, 2006, on 

the feasibility and advisability of utilizing the Space Radar for civil 

purposes. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment. 

Sense of Congress regarding national security aspect of United 

States preeminence in human spaceflight (sec. 915) 

The Senate amendment contained a provision (sec. 1086) that 

would express the sense of the Senate that it is in the national security interest of the United States to maintain preeminence in 

human spaceflight. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment that would express the sense of Congress. 

Subtitle C—Chemical Demilitarization Program 

Clarification of cooperative agreement authority under chemical demilitarization program (sec. 921) 

The House bill contained a provision (sec. 922) that would clarify that the authority conferred upon the Secretary of Defense by 

section 1521c(4) of title 50, United States Code, applies to cooperative agreements with federally-recognized Indian tribal governments, as well as state and local governments. 

The Senate amendment contained a similar provision (sec. 

3114). 

The House recedes with a technical amendment. 

Chemical demilitarization facilities (sec. 922) 

The Senate amendment contained a provision (sec. 213) that 

would provide the Secretary of Defense authority to use fiscal year 

2006 research and development funds available for chemical weapons demilitarization activities under the Assembled Chemical 


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Weapons Alternative (ACWA) program to carry out construction 

projects for facilities necessary to support chemical demilitarization 

operations at Pueblo Army Depot, Colorado, and Blue Grass Army 

Depot, Kentucky. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment. 

The conferees note that this provision provides unusual flexibility to the Department of Defense. It was included in response to 

a late request from the Department in order to permit important 

chemical demilitarization activities to proceed without further 

delay. The provision permits a one-time authorization to use fiscal 

year 2006 research, development, test, and evaluation funds for 

military construction at the ACWA sites. The conferees expect the 

Department to request funding for these projects in the proper 

military construction accounts in the fiscal year 2007 and future 

years budget submissions. The conferees also expect the Department to submit the required 1391 forms for these military construction projects. 

The conferees strongly urge the Department and the administration to take all steps necessary to ensure that the chemical demilitarization programs receive the management attention, priority, and resources required to ensure that the United States 

meets its obligations under the Chemical Weapons Convention to 

destroy its chemical weapons stockpile by April 2012, and that it 

does so safely and efficiently. 

Subtitle D—Intelligence-Related Matters 

Department of Defense strategy for open source intelligence (sec. 

931) 

The House bill contained a provision (sec. 931) that would direct the Secretary of Defense to create and submit to Congress a 

strategy for the use of open source intelligence by January 31, 

2006. The strategy would have 10 components focusing on application of open source intelligence in the intelligence process, as well 

as associated management, training, and personnel issues. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would change the 

reporting date from January 31, 2006, to 180 days after enactment 

of this Act. 

Comprehensive inventory of Department of Defense intelligence and 

intelligence-related programs and projects (sec. 932) 

The House bill contained a provision (sec. 932) that would require the Secretary of Defense to submit a report to the Committees on Armed Services of the Senate and the House of Representatives, the Senate Select Committee on Intelligence, and the House 

Permanent Select Committee on Intelligence that would provide a 

comprehensive inventory of Department of Defense intelligence and 

intelligence-related programs and projects. The Secretary would be 

required to complete the inventory in consultation with the Director of National Intelligence, where appropriate. The report would 

not be intended to encompass military operations or military activities. This inventory would be designed to abide by existing proceVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00803 Fmt 6601 Sfmt 6602 E:\HR\OC\HR360.XXX HR360

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dures for the handling of special access programs referenced in section 119 of title 10, United States Code, and applicable Department 

directives. The Department would be required to complete the inventory not later than 180 days after enactment of this Act. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Operational files of the Defense Intelligence Agency (sec. 933) 

The Senate amendment contained a provision (sec. 922) that 

would authorize the Director of the Defense Intelligence Agency 

(DIA) to exempt specifically defined operational files of certain elements of the DIA from disclosure under the Freedom of Information Act (5 U.S.C. 552), similar to protections currently authorized 

to other intelligence agencies under Title VII of the National Security Act of 1947 (50 U.S.C. 431 et seq.). 

The House bill contained no similar provision. 

The House recedes with an amendment that would terminate 

the authorization on December 31, 2007. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Advisory committee on Department of Defense requirements for 

space control 

The Senate amendment contained a provision (sec. 911) that 

would require the Secretary of Defense to establish an advisory 

Committee on the current and future space control requirements of 

the United States, including the means of meeting those requirements. 

The House bill contained no similar provision. 

The Senate recedes. 

American Forces Network 

The Senate amendment contained a provision (sec. 904) that 

would express the sense of the Senate that the men and women of 

the American Forces Radio and Television Service and the American Forces Network should be commended for providing a vital 

service to the military community worldwide and that the programming mission, themes, and practices of the Department of Defense 

have fairly and responsively fulfilled their mission and contributed 

immeasurably to high morale and quality of life. The amendment 

would also authorize the Secretary of Defense to appoint an ombudsman of the American Forces Network. 

The House bill contained no similar provision. 

The Senate recedes. 

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 

The Senate amendment contained a provision (sec. 923) that 

would prohibit the obligation or expenditure of funds authorized by 

the National Defense Authorization Act for Fiscal Year 2006 to implement or enforce either the Secretary of the Air Force order of 

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struction or memorandum issued by the General Counsel of the Department of the Air Force in reliance upon the May 15, 2003, order. 

The House bill contained no similar provision. 

The Senate recedes. 

On July 14, 2005, the Acting Secretary of the Air Force issued 

a new order on the subject of the functions and duties of the General Counsel and the Judge Advocate General. This order by its 

terms supersedes the May 15, 2003, order, and does not contain the 

objectionable language contained in the earlier order. It appears 

that no final instruction or memorandum was ever issued by the 

General Counsel of the Department in reliance on the May 15, 

2003, order. 

The conferees will continue to monitor the situation in the Department to ensure that the Secretary of the Air Force, the Chief 

of Staff of the Air Force, and commanders continue to have access 

to independent legal advice from the Judge Advocate General and 

judge advocates in the field, as required by section 574 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 

2005 (Public Law No. 108–375). 

Redesignation of the Department of the Navy as the Department of 

the Navy and Marine Corps 

The House bill contained a provision (sec. 904) that would redesignate the Department of the Navy as the Department of the 

Navy and Marine Corps and the Secretary of the Navy as the Secretary of the Navy and Marine Corps. 

The Senate amendment contained no similar provision. 

The House recedes. 

Transfer to Secretary of the Army of responsibility for Assembled 

Chemical Weapons Alternatives program 

The House bill contained a provision (sec. 921) that would 

transfer program management responsibility for the Assembled 

Chemical Weapons Alternatives program from the Under Secretary 

of Defense for Acquisition, Technology, and Logistics to the Secretary of the Army by January 1, 2006. 

The Senate amendment contained no similar provision. 

The House recedes. 

United States Military Cancer Institute 

The Senate amendment contained a provision (sec. 924) that 

would establish a United States Military Cancer Institute within 

the Uniform Services University of the Health Sciences. The Institute would be composed of clinical and basic scientists in the Department of Defense who have expertise in research, patient care, 

and education relating to the disease of cancer; and would carry 

out research studies on the epidemiological features of cancer. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees acknowledge that the institute exists without 

authorization in statute, and that Department of Defense appropriations are provided to the institute for support of its cancer research activities. 


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TITLE X—GENERAL PROVISIONS 

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Financial Matters 

Transfer authority (sec. 1001) 

The House bill contained a provision (sec. 1001) that would 

provide $4.0 billion in transfer authority among accounts in division A of this Act for fiscal year 2006. 

The Senate amendment contained a similar provision (sec. 

1001). 

The conferees agree to provide $3.5 billion in transfer authority. 

Authorization of emergency supplemental appropriations for fiscal 

years 2005 and 2006 (sec. 1002) 

The House bill contained a provision (sec. 1002) that would authorize emergency supplemental appropriations pursuant to title I 

and chapter 2 of title IV of division A of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, 

and Tsunami Relief, 2005 (Public Law 109–13). 

The Senate amendment contained a similar provision (sec. 

1005). 

The Senate amendment also contained a provision (sec. 1008) 

that would authorize emergency appropriations contained in the 

two emergency supplemental appropriations to meet needs arising 

from Hurricane Katrina, the supplemental appropriations for avian 

flu preparedness, the amounts reallocated from hurricane-related 

disaster relief, and the amounts for humanitarian assistance for 

earthquake victims in Pakistan. The Senate amendment would require reports on the expenditure of these funds and on assistance 

given to the earthquake victims in Pakistan. 

The conferees agree to the authorization of emergency supplemental appropriations contained in both the House and Senate provisions. The conferees also require reports on the expenditure of 

these funds and on assistance given to the earthquake victims in 

Pakistan. 

Increase in fiscal year 2005 general transfer authority (sec. 1003) 

The House bill contained a provision (sec. 1003) that would 

provide $6.185 billion in transfer authority among accounts in division A of this Act for fiscal year 2005. 

The Senate amendment contained an identical provision (sec. 

1006). 

The conference agreement includes this provision. 

Reports on feasibility and desirability of capital budgeting for major 

defense acquisition programs (sec. 1004) 

The House bill contained a provision (sec. 1004) that would require the Secretary of Defense and the secretaries of the military 

departments to submit a report to the congressional defense committees on the feasibility and desirability of capital budgeting for 

major defense acquisition programs by July 1, 2006. 


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The Senate amendment contained no similar provision. 

The Senate recedes. 

United States contribution to NATO common-funded budgets in fiscal year 2006 (sec. 1005) 

The Senate amendment contained a provision (sec. 1003) that 

would authorize the U.S. contribution to North Atlantic Treaty Organization (NATO) common-funded budgets for fiscal year 2006, including the use of unexpended balances. The resolution of ratification for the Protocol to the North Atlantic Treaty of 1949 on the 

Accession of Poland, Hungary, and the Czech Republic contained a 

provision (section 3(2)(c)(ii)) requiring a specific authorization for 

U.S. payments to the common-funded budgets of NATO for each 

fiscal year, beginning in fiscal year 1999, that payments exceed the 

fiscal year 1998 total. 

The House bill contained no similar provision. 

The House recedes. 

Subtitle B—Naval Vessels and Shipyards 

Conveyance, Navy drydock, Seattle, Washington (sec. 1011) 

The House bill contained a provision (sec. 1011) that would authorize the Secretary of the Navy to sell the yard floating drydock 

YFD–70, located in Seattle, Washington, to Todd Pacific Shipyards 

Corporation, provided that the drydock remain at the facilities of 

Todd Pacific Shipyards Corporation until at least September 30, 

2010. The provision would require the purchaser to pay to the 

United States an amount equal to the fair market value as determined by the Secretary, that the transfer would be at no cost to 

the United States, and include any additional terms and conditions 

the Secretary considers appropriate to protect the interests of the 

United States. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would authorize 

the Secretary to convey, instead of sell, the drydock, and that 

would require the purchaser to provide compensation, instead of 

payment, to the United States, equal to the fair market value of 

the drydock. 

Conveyance, Navy drydock, Jacksonville, Florida (sec. 1012) 

The House bill contained a provision (sec. 1012) that would authorize the Secretary of the Navy to sell the medium auxiliary 

floating drydock SUSTAIN (AFDM–7), located in Duval County, 

Florida, to the Atlantic Marine Property Holding Company, provided that the drydock remain at the facilities of the Atlantic Marine Holding Company until at least September 30, 2010. The provision would require the purchaser to pay to the United States an 

amount equal to the fair market value as determined by the Secretary, that the transfer be at no cost to the United States, and include any additional terms and conditions the Secretary considers 

appropriate to protect the interests of the United States. 

The Senate amendment contained a similar provision (sec. 

1022). 


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The House recedes with an amendment that would authorize 

the Secretary to convey, instead of sell, the drydock, and that 

would require the purchaser to provide compensation, instead of 

payment, to the United States, equal to the fair market value of 

the drydock. 

Conveyance, Navy drydock, Port Arthur, Texas (sec. 1013) 

The House bill contained a provision (sec. 1013) that would authorize the Secretary of the Navy to convey, without consideration, 

the inactive medium auxiliary floating drydock AFDM–2, currently 

administered through the National Defense Reserve Fleet, to the 

city of Port Arthur, Texas. This conveyance would be subject to the 

conditions that: (1) the drydock remain at the facilities of the port 

authority; (2) the conveyance would be at no cost to the United 

States; and (3) the Secretary could include any other terms and 

conditions the Secretary considers appropriate to protect the interests of the United States. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would allow the 

conveyance, but not without consideration. As consideration for the 

conveyance, the purchaser would be required to provide compensation to the United States the value of which, as determined by the 

Secretary, is equal to the fair market value of the drydock. 

Transfer of battleships U.S.S. Wisconsin and U.S.S. Iowa (sec. 

1014) 

The House bill contained a provision (sec. 1014) that would 

waive section 1011 of the National Defense Authorization Act for 

Fiscal Year 1996 (Public Law 104–106) and section 1011 of the 

Strom Thurmond National Defense Authorization Act for Fiscal 

Year 1999 (Public Law 105–261) with respect to the battleship 

U.S.S. Iowa (BB–61). The provision would also direct the Secretary 

of the Navy to strike the U.S.S. Iowa from the Naval Vessel Register, and to transfer that vessel to the Port of Stockton, California, 

subject to the submission of a donation application which is satisfactory to the Secretary, and subject to subsections (b) and (c) of 

section 7306 of title 10, United States Code. 

The Senate amendment contained a provision (sec. 1021) that 

would authorize the Secretary of the Navy to strike the battleships 

U.S.S. Wisconsin (BB–64) and U.S.S. Iowa (BB–1) from the Naval 

Vessel Register, subject to section 7306 of title 10, United States 

Code, and transfer those vessels by gift or otherwise. As a condition 

of the transfers, the provision would require the Secretary of the 

Navy to have the transferee locate the U.S.S. Wisconsin in the 

Commonwealth of Virginia and the U.S.S. Iowa in the State of 

California. The provision would also waive the requirement for notice-and-wait contained in section 7306(d) of title 10, United States 

Code. The provision would repeal section 1011 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106) 

and section 1011 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261). 

The House recedes with an amendment that would direct the 

Secretary of the Navy to require that, as a term of the transfer of 

these battleships, the transferees shall, if the President declares a 


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national emergency pursuant to the National Emergencies Act (50 

U.S.C. 1601 et seq.), and upon request of the Secretary of Defense, 

return the respective vessel to the United States. In such a case, 

the amendment would require that the terms of the agreement require that the title to the vessel or vessels revert immediately to 

the United States, unless otherwise notified by the Secretary of Defense. 

Transfer of ex-U.S.S. Forrest Sherman (sec. 1015) 

The House bill contained a provision (sec. 1015) that would require the Secretary of the Navy to transfer the decommissioned destroyer ex-U.S.S. Forrest Sherman to the U.S.S. Forrest Sherman 

DD–931 Foundation, Inc., a non-profit organization under the laws 

of Maryland, subject to the submission of a donation application for 

that vessel that is satisfactory to the Secretary. The provision 

would require that the transferee maintain the vessel in a condition satisfactory to the Secretary, that the transfer would be at no 

cost to the United States, and would allow the Secretary to require 

additional terms and conditions he considers appropriate. The authorization under this provision would expire 5 years after the enactment of this Act. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would make this 

transfer discretionary to the Secretary, where he may transfer the 

ship, instead of being required to do so. 

Report on leasing of vessels to meet national defense sealift requirements (sec. 1016) 

The House bill contained a provision (sec. 1016) that would 

amend title 10, United States Code, to prohibit a secretary of a 

military department from entering a contract for a lease or charter 

of a vessel for a term of more than 24 months, including all options 

to renew or extend an existing contract, if the hull, or component 

of the hull and superstructure of the vessel is constructed in a foreign shipyard. The provision would allow the President to waive 

this prohibition, when the President determines this waiver to be 

in the national security interest. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would instead require that the Secretary of Defense submit a report, no later than 

March 1, 2006, on leasing of vessels to meet national defense sealift requirements to the Committees on Armed Services of the Senate and the House of Representatives. The amendment would include a listing of items that must be included in the report. 

Establishment of the U.S.S. Oklahoma memorial and other memorials at Pearl Harbor (sec. 1017) 

The House bill contained a provision (sec. 1017) that would require the Secretary of the Navy, in consultation with the Secretary 

of the Interior, to identify an appropriate site on Ford Island, Hawaii, for the location of a memorial to U.S.S. Oklahoma (BB–37), 

which was sunk during the attack on Pearl Harbor on December 

7, 1941. 


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The Senate amendment contained a similar provision (sec. 

1078). 

The House recedes with an amendment that would require 

identification of an appropriate site for the memorial not later than 

90 days after enactment of this Act. Additionally, it would require 

certification that the U.S.S. Oklahoma Memorial Foundation has 

sufficient funding to complete construction of the memorial and 

that the memorial and other future memorials at Pearl Harbor 

meet the requirements set forth in the ‘‘Pearl Harbor Naval Complex Design Guidelines and Evaluation Criteria for Memorials of 

April 2005.’’ The amendment would also authorize the Secretary of 

the Interior to establish and operate a transportation system linking the U.S.S. Arizona Memorial Visitor Center with historic sites 

and visitor attractions within the Pearl Harbor Naval Complex, including Ford Island. 

Authority to use National Defense Sealift Fund to purchase certain 

maritime prepositioning ships currently under charter to the 

Navy (sec. 1018) 

The Senate amendment contained a provision (sec. 323) that 

would authorize the Secretary of Defense to obligate and expend 

any funds in the National Defense Sealift Fund (NDSF) to exercise 

purchase options on three Maritime Prepositioning Ship (MPS) vessels under charter to the Navy. The provision would be notwithstanding the provisions of section 2218(f)(1) of title 10, United 

States Code, which limits the number of vessels built in foreign 

shipyards that are purchased with the NDSF to five vessels. The 

provision would also stipulate the vessels that could be purchased 

as those whose leases expired in fiscal year 2009. 

The House bill contained no similar provision. 

The House recedes with an amendment that would limit the 

authority provided by subsection (c)(1) of section 2218 of title 10, 

United States Code, to purchase no more than six MPS ships currently chartered by the Department of Defense under a 25 year 

lease. The provision would waive subsection (f)(1) of section 2218 

of title 10, United States Code, in the case of the purchase of these 

six vessels. The provision would also amend section 2218(f)(1) of 

title 10, United States Code, to state that a vessel built in a foreign 

shipyard may not be purchased with funds in the NDSF unless 

specifically authorized by law. 

Subtitle C—Counter-Drug Activities 

Resumption of reporting requirement regarding Department of Defense expenditures to support foreign counterdrug activities (sec. 

1021) 

The House bill contained a provision (sec. 1022) that would require the resumption of a reporting requirement for the Secretary 

of Defense to submit a report detailing expenditures of funds by 

the Department of Defense during fiscal year 2005 in direct and indirect support of the counterdrug activities of foreign governments. 

The Senate amendment contained no similar provision. 

The Senate recedes. 


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Clarification of authority for joint task forces to support law enforcement agencies conducting counterterrorism activities (sec. 1022) 

The House bill contained a provision (sec. 1023) that would 

clarify that a joint task force supporting law enforcement agencies 

conducting counterdrug activities may use funds available for that 

activity to also support counterterrorism activities by those law enforcement agencies. The fiscal authority provided here is a clarification of authority for joint task forces to support law enforcement 

agencies in both counterdrug and counterterrorism missions originally provided by Congress in the National Defense Authorization 

Act for Fiscal Year 2004 (Public Law 108–136). 

The Senate amendment contained a similar provision (sec. 

1032) that would limit the use of funds authorized to be appropriated for counterdrug activities to also support counterterrorism 

activities to the borders and territorial waters of the United States. 

The Senate recedes with an amendment that would make this 

funding available for fiscal years 2006 and 2007, and require the 

Secretary of Defense to report on the effect of the availability of 

such funding on counterdrug and counterterrorism activities and 

objectives. The conferees believe the Secretary should ensure that 

counterdrug funding is utilized to fund counterterrorist activities 

where there is overlap between counterdrug and counterterrorist 

objectives. 

Sense of Congress regarding drug trafficking deterrence (sec. 1023) 

The Senate amendment contained a provision (sec. 1081) that 

would express a sense of the Senate that the Department of Defense fully fund the Counterdrug Tethered Aerostat program and 

that the Department install a maritime radar on the Lajas, Puerto 

Rico aerostat. 

The House bill contained no similar provision. 

The House recedes with an amendment that would change 

‘‘fully fund’’ to ‘‘should fund’’ and state that the Department 

‘‘should’’ install a maritime radar on the Lajas, Puerto Rico aerostat vice install. 

Subtitle D—Matters Related to Homeland Security 

Responsibilities of Assistant Secretary of Defense for Homeland Defense relating to nuclear, chemical, and biological emergency response (sec. 1031) 

The House bill contained a provision (sec. 1031) that would 

designate the Assistant Secretary of Defense for Homeland Defense 

as the Department of Defense official responsible for co-ordinating 

the Department’s emergency response assistance to federal, state, 

and local government officials dealing with incidents involving 

chemical, biological, nuclear, radiological, and high yield explosives. 

The Senate amendment contained no similar provision. 

The Senate recedes. 


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Testing of preparedness for emergencies involving nuclear, radiological, chemical, biological, and high-yield explosives weapons 

(sec. 1032) 

The House bill contained a provision (sec. 1032) that would 

designate the Secretary of Homeland Security as the federal official 

responsible for the preparedness testing of federal, state, and local 

agencies to respond to emergencies involving chemical, biological, 

nuclear, and radiological weapons. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Department of Defense chemical, biological, radiological, nuclear, 

and high-yield explosives response teams (sec. 1033) 

The House bill contained a provision (sec. 1033) that would 

designate the Secretary of Homeland Security, rather than the Director of the Federal Emergency Management Agency, as the federal official who would request Department of Defense assistance 

in a weapons of mass destruction emergency response. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Repeal of Department of Defense emergency response assistance program (sec. 1034) 

The House bill contained a provision (sec. 1034) that would repeal the requirement of the Secretary of Defense to carry out a program to train other federal, state, and local agency personnel regarding emergency response to threats or incidents involving weapons of mass destruction. The provision would further designate the 

Secretary of Homeland Security as the principal federal official responsible for such program. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Report on use of Department of Defense aerial reconnaissance assets 

to support Homeland Security border security missions (sec. 

1035) 

The Senate amendment contained a provision (sec. 1031) that 

would authorize the Secretary of Defense to use Department of Defense personnel and equipment to conduct aerial reconnaissance 

within the U.S. Northern Command area of responsibility with unmanned aerial vehicles. The purpose of these operations would be 

to detect and monitor suspicious air, sea, and surface traffic; and 

to communicate information on such traffic to appropriate federal, 

state, and local law enforcement officials. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment that would require the Secretary of Defense to submit a report to the Committees of Armed Services of the Senate and the House of Representatives not later than 120 days after the enactment of this Act, in coordination with the Secretary of Homeland Security, containing the 

results of a study regarding the use of aerial reconnaissance equipment of the Department of Defense in missions in which the Armed 

Forces support the Department of Homeland Security in performing its international border security mission. 


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Subtitle E—Reports and Studies 

Review of Defense Base Act insurance (sec. 1041) 

The Senate amendment contained a provision (sec. 1042) that 

would require the Secretary of Defense to review current and future needs, options, and risks associated with Defense Base Act 

(DBA) (42 United States Code, sections 1651–1654) insurance. 

The House bill contained no similar provision. 

The House recedes. 

The conferees note that the Department of Defense recently 

initiated a 1-year pilot program for a single insurer to provide DBA 

insurance for all Army Corps of Engineers contractors performing 

overseas. On November 22, 2005, the Army announced that it had 

entered a contract under which insurance rates would range from 

$5.00 to $8.50 per $100.00 of salary cost. This represents considerable savings over the DBA insurance rates between $10.00 and 

$21.00 per $100.00 of salary cost previously paid by the Department of Defense, as reported by the Government Accountability Office. The conferees believe that the pilot program is an important 

first step. The report required by this section can help build on 

that program to develop a DBA contracting mechanism that provides the greatest benefits to the federal government and its contractor employees overseas. 

Report on Department of Defense response to findings and recommendations of Defense Science Board Task Force on High 

Performance Microchip Supply (sec. 1042) 

The Senate amendment contained a provision (sec. 1044) that 

would require the Department of Defense to submit a plan to sustain U.S. leadership in semiconductor manufacturing and technology. 

The House bill contained no similar provision. 

The House recedes with an amendment that would modify requirements on preparation and submission of the report. 

The conferees note that Department missions and strategies 

depend heavily on semiconductor microelectronics. These microelectronics range from extremely high performance military unique 

systems to commodity microelectronics that are used in standard 

commercial computers, radios, and other electronics equipment. 

Given the broad application and importance of ensuring an adequate supply of these components, the conferees urge the Secretary 

of Defense to consult with other federal departments and agencies, 

industry, and academic organizations in development of the report 

required by this provision. 

Subtitle F—Other Matters 

Commission on the Implementation of the New Strategic Posture of 

the United States (sec. 1051) 

The House bill contained a provision (sec. 1041) that would establish a commission to assess and make recommendations about 

the implementation of the new strategic posture of the United 

States. The commission would examine programmatic requirements 

to achieve the goals set out in the December 31, 2001, Nuclear PosVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00813 Fmt 6601 Sfmt 6602 E:\HR\OC\HR360.XXX HR360

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ture Review (NPR) and periodic assessments of the NPR by looking 

at: the requirements process for strategic forces; how strategic intelligence and other requirements differ from nuclear intelligence 

and other requirements; the ability of strategic platforms to carry 

out non-nuclear strike missions; the limits of tactical systems to 

perform non-nuclear global strategic missions; and an assessment 

of the ability of the current nuclear stockpile to address the evolving strategic threat environment through 2025. In selecting individuals for appointment to the commission, the Secretary of Defense shall consult with the chairman and ranking minority member of the Committee on Armed Services of the Senate and the 

chairman and ranking minority member of the Committee on 

Armed Services of the House of Representatives. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would: (1) limit 

the time period for the commission’s assessment of the ability of 

the current nuclear stockpile to address the evolving threat environment to 2008, rather than 2025 as contained in the House provision; (2) require the commission to submit its report by June 30, 

2007, to the Secretary of Defense and the Committees on Armed 

Services of the Senate and the House of Representatives containing 

the commission’s recommendations; and (3) terminate the duties of 

the commission on July 30, 2007. 

Reestablishment of EMP Commission (sec. 1052) 

The House bill contained a provision (sec. 1042) that would reestablish and extend the life of the Commission to Assess the 

Threat to the United States from Electromagnetic Pulse (EMP) attack, originally created in the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001 (Public Law 106–398). 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would direct the 

commission to submit its final report by June 30, 2007, on the vulnerability of electric-dependent military and non-military systems 

in the United States to an EMP attack, giving special attention to 

the progress of U.S. government agencies and private sector entities in taking steps to protect such systems from attack. The commission is also directed to assess the Department of Defense plan 

for implementing the recommendations of the commission stemming from its 2004 report to Congress. 

Modernization of authority relating to security of defense property 

and facilities (sec. 1053) 

The House bill contained a provision (sec. 1043) that would 

amend section 21 of the Internal Security Act of 1950 (50 U.S.C. 

797) to authorize the delegation of authority to issue security regulations at certain facilities to the civilian directors of those facilities. The provision would also make technical amendments to section 21 to reflect other changes in law made since the enactment 

of the Internal Security Act. 

The Senate amendment contained a provision (sec. 1072) that 

would amend section 21 of the Internal Security Act of 1950 to authorize the delegation of authority to issue security regulations to 

civilian directors, and would also amend section 4 of that Act (50 


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U.S.C. 783) to prohibit persons who knowingly violate laws or regulations regarding the handling of classified information in a manner that could have a significant adverse impact on the national security of the United States from holding security clearances or obtaining access to classified information. 

The Senate recedes. 

Revision of Department of Defense counterintelligence polygraph 

program (sec. 1054) 

The House bill contained a provision (sec. 1044) that would 

clarify and make permanent the standards by which the Department of Defense conducts its counterintelligence polygraph program. This provision would also expand the Department’s counterintelligence polygraph authority to allow the Department to administer polygraph examinations to individuals whose duties involve 

assistance in intelligence or military missions where the misuse of 

information could jeopardize human life or safety; result in the loss 

of unique or uniquely productive intelligence sources or methods 

vital to U.S. national security; or compromise technologies, operational plans, and security procedures vital to the strategic advantage of the United States and its allies. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Preservation of records pertaining to radioactive fallout from nuclear weapons testing (sec. 1055) 

The House bill contained a provision (sec. 1050) that would 

prohibit the destruction of any document in the custody or control 

of the Department of Defense that is a historical record, or part of 

a historical record, relating to radioactive fallout from the testing 

of any nuclear device. The provision would further require the Secretary of Defense to identify, preserve, and publish information 

contained in such documents. 

The Senate amendment contained no similar provision. 

The Senate recedes with a clarifying amendment. 

Technical and clerical amendments (sec. 1056) 

The House bill contained a provision (sec. 1046) that would 

make technical and clerical amendments to various provisions of 

law. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would strike the 

portion of section 1046 dealing with the definition of ‘‘congressional 

defense committees,’’ and would make minor technical corrections. 

Deletion of obsolete definitions in titles 10 and 32, United States 

Code (sec. 1057) 

The House bill contained a provision (sec. 1047) that would 

amend titles 10 and 32 of the United States Code to delete the obsolete term ‘‘Territory’’ [capitalized], which referred to Alaska and 

Hawaii prior to statehood, and to make conforming changes. The 

provision also changes references to ‘‘Puerto Rico’’ in those titles to 

‘‘Commonwealth of Puerto Rico’’ to conform with current usage in 

other defense-related statutes. 


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The Senate amendment contained no similar provision. 

The Senate recedes with a technical amendment. 

Support for youth organizations (sec. 1058) 

The House bill contained a provision (sec. 1049) that would require that no federal law shall be construed to limit the Department of Defense from providing any form of support to certain 

youth organizations, including the Boy Scouts of America, that 

would result in less support than was provided by the Department 

during each of the preceding 4 fiscal years. 

The Senate amendment contained a similar provision (sec. 

1073) that would authorize the head of a federal agency to waive 

the application of this provision under certain circumstances, and 

would amend section 5309 of title 42, United States Code, to require equal access for youth organizations, including the Boy 

Scouts of America, to designated open forums, limited public forums, or nonpublic forums of states or units of general local government. 

The House recedes with a technical amendment. 

Special immigrant status for persons serving as translators with 

United States Armed Forces (sec. 1059) 

The House bill contained a provision (sec. 1051) that would authorize the Secretary of Homeland Security to provide special immigrant status to not more than 50 qualified Afghan or Iraqi nationals (and their spouses and children) per fiscal year. This status 

is limited to such nationals who have worked directly with the U.S. 

Armed Forces as translators for at least 12 months, have obtained 

a favorable recommendation from the first flag or general officer in 

the chain of command of the unit concerned, and have cleared a 

background check and screening. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would change the 

reference to ‘‘the first flag or general officer in the chain of command’’ to ‘‘a flag or general officer in the chain of command.’’

Expansion of emergency services under reciprocal agreements (sec. 

1060) 

The Senate amendment contained a provision (sec. 1084) that 

would amend section 1856(b) of title 42, United States Code, by expanding the list of services that could be provided by federal agencies to local governments on a reciprocal basis to include emergency 

services, including basic and advanced life support, hazardous material containment and confinement; and special rescue events involving vehicular and water mishaps; and trench, building, and 

confined space extractions. 

The House bill contained no similar provision. 

The House recedes with an amendment that would add ‘‘basic 

medical support’’ to the list of eligible services. 

Renewal of moratorium on return of veterans memorial objects to 

foreign nations without specific authorization in law (sec. 1061) 

The Senate amendment contained a provision (sec. 1085) that 

would amend section 1051(c) of the National Defense Authorization 


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Act for Fiscal Year 2000 (Public Law 106–65) to extend the effective date of the moratorium on return of veterans memorial objects 

to foreign nations through September 30, 2010. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment. 

Sense of Congress on national security interest of maintaining aeronautics research and development (sec. 1062) 

The Senate amendment contained a provision (sec. 1088) that 

would express the sense of the Senate regarding the importance to 

the nation of a strong aeronautics research and development program at the National Aeronautics and Space Administration and at 

the Department of Defense. 

The House bill contained no similar provision. 

The House recedes with an amendment to express the sense of 

Congress on the national security interest of maintaining aeronautics research and development. 

Airport certification (sec. 1063) 

The conferees agree to a provision that would require specific 

conditions to be met by a certain airport designated in the provision in order to be eligible to receive approval of an airport layout 

plan from the Federal Aviation Administration. 

Subtitle G—Military Mail Matters 

Safe delivery of mail in military mail system (sec. 1071) 

The Senate amendment contained a provision (sec. 1061) that 

would require the Secretary of Defense to promptly develop and implement a plan to ensure that the mail within the military mail 

system is safe for delivery, and to submit a report to Congress not 

later than 120 days after the date of enactment of this Act on the 

safety of mail within the military mail system. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Assignment of members of the Armed Forces to assist Bureau of 

Border Security and Bureau of Citizenship and Immigration 

Services of the Department of Homeland Security 

The House bill contained a provision (sec. 1035) that would authorize the Secretary of Defense to assign members of the Armed 

Forces to assist Bureau of Border Security and Bureau of Citizenship and Immigration Services of the Department of Homeland Security, in preventing the entry of terrorists, drug traffickers, and 

illegal aliens into the United States, and to aid in the inspection 

of cargo, vehicles, and aircraft at points of entry into the United 

States to prevent the entry of weapons of mass destruction. 

The Senate amendment contained no similar provision. 

The House recedes. 


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Coal-to-liquid fuel development plan 

The Senate amendment contained a provision (sec. 1090) that 

would direct the Secretary of Energy to submit a plan on the development of a coal-to-liquid fuel program and would direct the Secretary of Defense to submit a plan to use fuels developed under 

this program. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees note that the Department of Defense and the 

Department of Energy are working together as part of the Department of Defense clean fuels program to develop clean, domestic 

sources of fuel for Department of Defense applications, particularly 

for use in turbine engines. The Department of Energy coal-to-liquid 

fuel program, conducted at the Department of Energy National Energy Technology Laboratory, will be one of the primary programs 

that will support near-term options to develop clean domestic fuel 

sources for turbine engines in use by the Department of Defense. 

The conferees support this collaboration and direct the Secretary of 

Defense and the Secretary of Energy to report on the progress of 

their efforts and to develop a plan for the future. 

The Secretary of Energy, in coordination with the Secretary of 

Defense, shall prepare and submit to the Committees on Armed 

Services, Energy and Natural Resources, and Appropriations of the 

Senate, and to the Committees on Armed Services, Energy and 

Commerce, Science, and Appropriations of the House of Representatives, a development plan for the coal-to-liquid fuel program. The 

development plan shall be prepared taking into consideration: (1) 

technology needs and developmental barriers; (2) economic and national security effects; (3) environmental standards and carbon capture and storage opportunities; (4) financial incentives; (5) 

timelines and milestones; (6) diverse regions having coal reserves 

that would be suitable for liquefaction plants; (7) coal-to-liquid fuel 

testing to meet civilian and military engine standards and markets; and (8) any roles other federal agencies, state governments, 

and international entities could play in developing a coal-to-liquid 

fuel industry, not later than 90 days after the date of enactment 

of this Act. 

The Secretary of Defense, in coordination with the Secretary of 

Energy, shall prepare and submit to the Committees on Armed 

Services, Energy and Natural Resources, and Appropriations of the 

Senate, and to the Committees on Armed Services, Energy and 

Commerce, Science, and Appropriations of the House of Representatives, a report on the potential use of the fuels by the Department 

of Defense, not later than 90 days after the date of enactment of 

this Act. 

Delivery of mail addressed to any service member 

The Senate amendment contained a provision (sec. 1062) that 

would require the Secretary of Defense to carry out a program 

under which mail and packages addressed to any service member 

shall be delivered to deployed members of the Armed Forces overseas. 

The House bill contained no similar provision. 

The Senate recedes. 


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Establishment of National Foreign Language Coordination Council 

The Senate amendment contained a provision (sec. 1082) that 

would establish a National Foreign Language Coordination Council 

to develop and monitor the implementation of a national foreign 

language strategy. The strategy would include: (1) an identification 

of crucial priorities; (2) an identification and evaluation of federal 

foreign language programs and activities; (3) effective ways to increase public awareness of the need for foreign language skills; (4) 

recommendations for incentives for educational programs; and (5) 

coordination of cross-sector efforts. The council would prepare and 

transmit to the President and the relevant committees of Congress 

the strategy not later than 18 months after the date of enactment 

of this Act. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees have been informed that the Department of 

State, in coordination with the Department of Defense, Director of 

National Intelligence, and the Department of Education, has spearheaded a National Security Initiative to develop a long-range strategy to improve our nation’s foreign language capabilities. The Department of State, through the Office of the Under Secretary of 

State for Public Diplomacy, would coordinate the implementation of 

the strategy. 

The conferees commend the interagency working group, which 

was responsible for developing the strategy, for considering the recommendations made at the National Language Conference held on 

August 17, 2004, by over 300 leaders and practitioners from federal, state, and local government agencies; academic institutions; 

business and industry; foreign language interest groups; and foreign nations. The conferees encourage the Department of Defense 

to engage federal, state, and local agencies and interested private 

sector organizations during the implementation of the initiative. 

Extension of Department of Defense authority to support 

counterdrug activities 

The House bill contained a provision (sec. 1021) that would extend the authorization from 2006 to 2011. 

The Senate amendment contained no similar provision. 

The House recedes. 

Grant of federal charter to Korean War Veterans Association, Incorporated 

The Senate amendment contained a provision (sec. 1077) that 

would modify title 36, United States Code, to grant a federal charter to the Korean War Veterans Association, Incorporated. 

The House bill contained no similar provision. 

The Senate recedes. 

Incorporation of classified annex 

The Senate amendment contained a provision (sec. 1002) that 

would incorporate an accompanying classified annex. 

The House bill contained no similar provision. 

The Senate recedes. 


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Policy of the United States on the Intercontinental Ballistic Missile 

force 

The Senate amendment contained a provision (sec. 1076) that 

would state the policy of the United States to continue to deploy 

a force of 500 intercontinental ballistic missiles, provided that unanticipated strategic developments may compel the United States 

to make changes to this force structure in the future. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees note that: 

(1) Consistent with warhead levels agreed to in the Moscow Treaty, the United States is modifying the capacity of the 

Minuteman III intercontinental ballistic missile (ICBM) from 

its prior capability to carry up to 3 independent reentry vehicles (RVs) to carry as few as a single RV, a process known as 

downloading. 

(2) The 2001 Nuclear Posture Review (NPR) confirmed the 

need for 500 ICBMs. 

(3) In a potential nuclear crisis, it is important that the 

nuclear weapons systems of the United States be configured so 

as to discourage other nations from making a first strike. 

(4) The ICBM force is currently being considered as part 

of the deliberations of the Department of Defense for the Quadrennial Defense Review. 

The conferees note that the policy of the United States, as set 

out in the 2001 NPR, is to deploy a force of 500 ICBMs. The conferees further note that unanticipated strategic developments may 

compel the United States to make changes to this force structure 

in the future. 

Reduction in overall authorization due to inflation savings 

The Senate amendment contained a provision (sec. 1004) that 

would reduce the amount authorized to be appropriated to the Department of Defense by $1.3 billion to reflect the reduced inflation 

estimates in the Congressional Budget Office’s annual review of the 

budget. 

The House bill contained no similar provision. 

The Senate recedes. 

Repeal of requirement for report to Congress regarding global strike 

capability 

The House bill contained a provision (sec. 1045) that would repeal the requirement in section 1032 of the National Defense Authorization Act for fiscal year 2004 (Public Law 108–136) for the 

Secretary of Defense to submit a report on Global Strike for fiscal 

year 2006. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conferees, after reviewing the June 2005 Prompt Global 

Strike Plan submitted by the Secretary, concur with the need to explore a wide range of capabilities for responding rapidly to emerging threats to the United States and its strategic interests. The report noted a capability gap of particular concern: ‘‘for the near future, in the event of rapidly developing crisis, the Department of 


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Defense will not have non-nuclear, long-range precision strike options for consideration by the national leadership.’’ The conferees 

believe it is important to close this gap as soon as technically possible. 

The conferees understand from the 2005 report that the evaluation of a wide range of current and future global strike capabilities is ongoing, and will be in the capabilities mix examined in the 

2005 Quadrennial Defense Review. However, in the section of the 

2005 report defining global strike assets, the Department appears 

to limit global strike to capability delivered by aircraft or naval 

platforms, neglecting land-based options. As such, the conferees are 

concerned that ample consideration is not being given to the full 

spectrum of options to provide a robust and cost-effective capability 

to strike time-urgent targets around the globe. The conferees, 

therefore, want to emphasize the importance of a complete evaluation, considering all air, sea, and land-based capabilities, not limited to intercontinental ballistic missiles, and including mobile, 

land-based boost glide capabilities. The conferees also direct the 

Department to include in their 2006 annual report on Prompt Global Strike a full discussion of how the Department plans to close the 

non-nuclear, long-range precision strike gap. 

Report on alleged clandestine detention facilities for individuals 

captured in the global war on terrorism 

The Senate amendment contained a provision (sec. 1047) that 

would require the Director of National Intelligence to provide the 

members of the Select Committee on Intelligence of the Senate and 

the Permanent Select Committee on Intelligence of the House of 

Representatives a detailed report on the cost and operations of any 

clandestine prison or detention facility currently or formerly operated by the U.S. Government, regardless of location, where detainees in the global war on terrorism are or were held. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees determined that the amendment was outside the 

jurisdiction of the Committees on Armed Services of the Senate and 

the House of Representatives. 

Retention on reimbursement for provision of reciprocal fire protection services 

The Senate amendment contained a provision (sec. 1083) that 

would amend section 1856d of title 42, United States Code, by adding a provision that would require that any funds received by the 

Department of Defense for fire protection provided pursuant to this 

statute would be credited to the appropriation fund or account from 

which the expenses for that fire protection were paid. 

The House bill contained no similar provision. 

The Senate recedes. 

Sense of the Senate on Common Remotely Operated Weapons Station platform 

The Senate amendment contained a provision (sec. 1091) that 

would require funding for the Common Remotely Operated Weapons Station (CROWS) platform in the request by the President for 


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emergency supplemental appropriations for the Department of Defense for fiscal year 2006. 

The House bill contained no similar provision 

The Senate recedes. 

The conferees have strongly supported and will continue to 

support the development and employment of remote weapon stations on combat vehicles such as the Stryker and on tactical 

wheeled vehicles such as the M1114 Up-Armored High Mobility 

Multipurpose Wheeled Vehicle and the Armored Security Vehicle. 

The conferees understand the benefits provided by remote weapon 

station platforms such as providing day and night target detection, 

recognition, and engagement at long distances, while allowing the 

soldier or marine to remain protected by the confines of an armored 

vehicle. In particular, the conferees agree with the findings in section 1091 regarding the benefits of remote weapon station platforms to include the CROWS platform. 

The conferees agree to authorize an additional $4.0 million in 

PE 64601A for the continued development of a reduced weight and 

size configuration of the CROWS platform and an additional $2.0 

million in PE 63640M for additional CROWS platforms systems for 

the U.S. Marine Corps. 

Support for counterdrug activities through bases of operation and 

training facilities in Afghanistan 

The Senate amendment contained a provision (sec. 1033) that 

would clarify section 1004 of the National Defense Authorization 

Act for Fiscal Year 1991 (Public Law 101–510) to authorize the 

Secretary of Defense to permit the use of U.S. bases of operation 

or training facilities to facilitate the conduct of counterdrug activities in Afghanistan and counterdrug related Afghan criminal justice activities. 

The House bill contained no similar provision. 

The Senate recedes. 

Technical amendments relating to certain provisions of environmental defense laws 

The Senate amendment contained a provision (sec. 1051) that 

would make technical amendments to certain provisions of environmental defense laws. 

The House bill contained a provision (sec. 1046) that would 

make technical and clerical amendments to various provisions of 

law. 

The Senate recedes. 

The provision that would make technical and clerical amendments to various provisions of law will be included under section 

1056. 


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TITLE XI—CIVILIAN PERSONNEL MATTERS 

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Extensions of Authorities 

Extension of eligibility to continue Federal employee health benefits 

(sec. 1101) 

The House bill contained a provision (sec. 1101) that would authorize certain individuals to elect continued health benefits coverage for up to 18 months after an involuntary or voluntary separation due to a reduction in force. 

The Senate amendment contained an identical provision (sec. 

1104). 

The conference agreement includes this provision. 

Extension of Department of Defense voluntary reduction in force authority (sec. 1102) 

The House bill contained a provision (sec. 1102) that would extend until September 30, 2010, authority to substitute the voluntary separation of an employee for the separation of another employee who would otherwise be separated due to a reduction in 

force. 

The Senate amendment contained an identical provision (sec. 

1101). 

The conference agreement includes this provision. 

Extension of authority to make lump sum severance payments (sec. 

1103) 

The House bill contained a provision (sec. 1103) that would extend until the end of fiscal year 2010 the authority of the Secretary 

of Defense or the secretaries of the military departments to pay an 

employee the total amount of severance pay in one lump sum. 

The Senate amendment contained an identical provision (sec. 

1103). 

The conference agreement includes this provision. 

Permanent extension of Science, Mathematics, and Research for 

Transformation (SMART) defense education program (sec. 

1104) 

The House bill contained a provision (sec. 1107) that would expand and make permanent the Science, Mathematics, and Research for Transformation (SMART) scholarship for service program, which was established under section 1105 of the Ronald W. 

Reagan National Defense Authorization Act for Fiscal Year 2005 

(Public Law 108–375). 

The Senate amendment contained a similar provision (sec. 

1105). 

The House recedes with an amendment that would include 

support for students pursuing associates degrees in the program. 


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Authority to waive annual limitation on total compensation paid to 

Federal civilian employees (sec. 1105) 

The House bill contained a provision (sec. 1105) that would authorize the head of a federal executive agency to waive the limitation on civilian compensation established in section 5547 of title 5, 

United States Code, for an employee who performs work in an 

overseas location within the U.S. Central Command area of responsibility, in direct support of a military contingency operation. The 

provision would require that the maximum total compensation allowed would not exceed $200,000, and the authority to waive the 

limitation on total annual compensation would be limited to fiscal 

year 2006. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Subtitle B—Veterans Preference Matters 

Veterans’ preference status for certain veterans who served on active 

duty during the period beginning on September 11, 2001, and 

ending as of the close of Operation Iraqi Freedom (sec. 1111) 

The House bill contained a provision (sec. 1108) that would authorize veterans’ preference for civilian federal employment authorized in section 2108(1) of title 5, United States Code, for veterans 

who have served on active duty for a period of more than 180 consecutive days since September 11, 2001, and ending on the date 

proclaimed as the last date of Operation Iraqi Freedom. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Veterans’ preference eligibility for military reservists (sec. 1112) 

The Senate amendment contained a provision (sec. 679) that 

would clarify that the veterans’ preference eligibility for federal hiring authorized under section 2108(1) of title 5, United States Code, 

is available to military reservists who are discharged or released 

from active-duty service. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Subtitle C—Other Matters 

Transportation of family members in connection with the repatriation of Federal employees held captive (sec. 1121) 

The House bill contained a provision (sec. 1106) that would authorize the head of a federal agency to provide travel and transportation allowances for three family members of a federal civilian employee, who was held captive and is being repatriated to a site inside or outside the United States. The provision would also authorize waiver of the limitation on the number of family members of 

an employee who could receive such assistance, under circumstances determined to be appropriate by the head of the agency. 

The Senate amendment contained a similar provision (sec. 

631(b)(1)) that would authorize travel and per diem allowances for 


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up to three family members of federal civilian employees who are 

repatriated after being held captive. 

The House recedes to section 631(b)(1) of the Senate amendment with a technical amendment. 

Strategic human capital plan for civilian employees of the Department of Defense (sec. 1122) 

The Senate amendment contained a provision (sec. 1106) that 

would require the Secretary of Defense to develop a strategic plan 

for the civilian workforce of the Department of Defense. The plan 

would include a workforce gap analysis and a plan of action for developing and shaping the Department of Defense civilian workforce 

to address gaps in critical skills and competencies. 

The House bill contained no similar provision. 

The House recedes with an amendment that would extend the 

time period for development of the strategic human capital plan 

from 6 months to 1 year from the date of enactment of this Act, 

and to require annual updates to the plan and annual reports to 

the Committees on Armed Services of the Senate and the House of 

Representatives from 2007 through 2010. The amendment would 

remove the requirement in section 1106 that recruitment and retention goals for the civilian workforce not be subject to any limit 

or constraint on the size of the civilian workforce in the Department. 

Independent study on features of successful personnel management 

systems of highly technical and scientific workforces (sec. 1123) 

The Senate amendment contained a provision (sec. 1108) that 

would require the Comptroller General to conduct a study of defense laboratory personnel demonstration authorities and successful management practices utilized by laboratories and facilities 

with similar technical workforce recruitment and retention challenges. 

The House bill contained no similar provision. 

The House recedes with an amendment that would repeal the 

requirement that the Comptroller General conduct the study and, 

also amend the content of the study. 

The conferees direct the Secretary of Defense to commission 

the National Defense University to conduct an independent study 

of successful management practices of highly technical workforces. 

Support by Department of Defense of pilot project for Civilian Linguist Reserve Corps (sec. 1124) 

The Senate amendment contained a provision (sec. 1046) that 

would establish a 3-year pilot project for a Civilian Linguist Reserve Corps within the Department of Defense, comprised of citizens fluent in foreign languages who would be available to provide 

translation services and related duties. The provision would also 

require the Secretary of Defense to submit a final report to Congress not later than 6 months after the completion of the pilot 

project on the lessons learned, best practices, and recommendations 

for full implementation of the Civilian Linguist Reserve Corps. 

The House bill contained no similar provision. 


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The conferees understand that the Director of National Intelligence has entered into a contract with the Department of Defense 

for services to carry out the pilot project, as authorized under section 613 of the Intelligence Authorization Act of 2005 (Public Law 

108–487). 

The House recedes with an amendment that would authorize 

the Secretary of Defense to support the implementation of the Civilian Linguist Reserve Corps pilot project of the Director of National Intelligence, subject to the availability of appropriated funds, 

pursuant to section 613. 

Increase in authorized number of Defense Intelligence Senior Executive Service employees (sec. 1125) 

The Senate amendment contained a provision (sec. 1107) that 

would increase the authorization for the number of Defense Intelligence Senior Executive Service employees by 75 in fiscal year 

2006 and by 75 more in fiscal year 2007. The House bill contained 

no similar provision. 

The House recedes with an amendment that would limit the 

authorized increase to 50. The conferees believe any further increases must be accompanied by greater justification that addresses increases in intelligence flag and general officer positions, 

growth in Defense Intelligence Senior Leader positions, and the affect these increases would have on the GS–15 and military 06 inventories in the affected defense agencies. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Authority for heads of agencies to allow shorter length of required 

service by federal employees after completion of training 

The House bill contained a provision (sec. 1104) that would 

provide the heads of executive agencies the authority to determine 

the appropriate length of service an employee must perform in return for training paid for by the U.S. government. The Senate 

amendment contained no similar provision. The House recedes. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Assistance and Training 

Extension of humanitarian and civic assistance provided to host nations in conjunction with military operations (sec. 1201) 

The House bill contained a provision (sec. 1201) that would increase funding in support of activities to detect and clear landmines. It would also expand medical, dental, and veterinary care 

to include related education, training, and technical assistance. 

The Senate amendment contained a similar provision (sec. 1202). 

The Senate recedes. 

Commanders’ Emergency Response Program (sec. 1202) 

The House bill contained a provision (sec. 1202) that would authorize the Secretary of Defense to use up to $500.0 million in fiscal year 2006 operations and maintenance funding for increased 


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costs due to Operation Iraqi Freedom and Operation Enduring 

Freedom for the Commanders’ Emergency Response Program 

(CERP). The CERP program provides commanders in Iraq and Afghanistan funds for use in small humanitarian and reconstruction 

projects in their areas of responsibility. The provision would require quarterly reports on the source and use of funds pursuant to 

this program. The provision would prohibit the use of CERP funds 

for training and equipping the Iraq and Afghanistan national armies, police, and security forces, and it would require the Secretary 

to issue guidance to the Commander, U.S. Central Command, on 

the use of CERP funds. 

The Senate amendment contained a similar provision (sec. 1201), 

but provided 2–year authority for the CERP program. The provision did not include a prohibition on use of CERP funds for specified purposes, nor did it require the Secretary to issue CERP guidance. 

The House recedes with an amendment that would provide the 

Secretary authority to waive any provision of law that would prohibit, restrict, limit, or otherwise constrain implementation of the 

CERP program in Iraq and Afghanistan. The amendment would 

also require the Secretary to submit to the congressional defense 

committees within 30 days of enactment the current guidance for 

CERP, and to submit to those committees any changes to the 

CERP guidance within 15 days of the issuance of such modified 

guidance. 

It is the understanding of the conferees that the CERP program is currently being implemented pursuant to the guidance 

issued by the Comptroller on July 27, 2005. That guidance explicitly prohibits, among other things, the use of CERP funds for providing goods, services, or funds to national armies, National Guard 

forces, border security forces, civil defense forces, infrastructure 

protection forces, highway patrol units, police, special police, or intelligence or other security forces. The conferees expect this element of the current CERP guidance to remain in any subsequently 

issued CERP guidance. The Congress has appropriated significant 

funds for the specific purpose of training and equipping the Iraq 

and Afghanistan national armies, police, and security forces, and 

therefore CERP funds are specifically not intended to be used for 

that purpose. 

It has come to the attention of the conferees that, as a result 

of the bidding process for larger CERP projects, some CERP 

projects have been carried out using foreign labor. Because one of 

the purposes of CERP is to employ Iraq and Afghanistan residents 

in local humanitarian and reconstruction projects, the conferees 

urge that, whenever possible, CERP projects be carried out using 

local citizens or residents of the country in which the projects are 

being carried out. The conferees recommend that the CERP guidance be modified to reflect this preference. 

Modification of geographic restriction under bilateral and regional 

cooperation programs for payment of certain expenses of defense 

personnel of developing countries (sec. 1203) 

The House bill contained a provision (sec. 1204) that would 

provide the Secretary of Defense flexibility to pay expenses for perVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00827 Fmt 6601 Sfmt 6601 E:\HR\OC\HR360.XXX HR360

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sonnel from developing countries to attend a conference, seminar, 

or similar meeting, even if the conference, seminar, or similar 

meeting takes place in a location that is outside of the combatant 

commander’s area of responsibility in which the developing country 

is located. 

The Senate amendment contained a similar provision (sec. 

1203). 

The Senate recedes with a technical amendment. 

Authority for Department of Defense to enter into acquisition and 

cross-servicing agreements with regional organizations of which 

the United States is not a member (sec. 1204) 

The House bill contained a provision (sec. 1205) that would authorize the Department of Defense to enter into acquisition and 

cross-servicing agreements with regional organizations of which the 

United States is not a member. 

The Senate amendment contained a similar provision (sec. 

803). 

The Senate recedes. 

Two-year extension of authority for payment of certain administrative services and support for coalition liaison officers (sec. 1205) 

The House bill contained a provision (sec. 1206) that would extend the authority to fund certain administrative services for coalition liaison officers until September 30, 2007. 

The Senate bill contained a similar provision (sec. 1204). 

The Senate recedes. 

Authority to build the capacity of foreign military forces (sec. 1206) 

The Senate amendment contained a provision (sec. 1206) that 

would provide the Secretary of Defense authority to transfer up to 

$750.0 million in a fiscal year in funds available to the Department 

of Defense to the Department of State for the purpose of building 

the capacity of partner nations’ military or security forces to disrupt or destroy terrorist networks, close safe havens, or participate 

in or support U.S., coalition, or international military or stability 

operations. 

The House bill contained no similar provision. 

The House recedes with an amendment that would provide the 

President with authority to direct the Secretary of Defense to conduct or support a program to build the capacity of a foreign nation’s military forces in order for that nation to conduct counter-terrorist operations and to participate in or support military and stability operations in which the United States is a participant. The 

program could include the provision of equipment, supplies, and 

training, and shall promote observance of and respect for human 

rights and fundamental freedoms and respect for legitimate civilian 

authority. This authority could not be used to provide assistance 

that is otherwise prohibited by any provision of law, nor could it 

be used to provide assistance to any foreign nation that would otherwise be prohibited from receiving such assistance. The provision 

further requires the Secretary of Defense to jointly formulate with 

the Secretary of State any program conducted under this authority, 

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tion. The provision requires the Secretary of Defense to provide a 

notification to specified congressional committees before initiating 

any activities under this authority. This authority would expire on 

September 30, 2007. 

The provision would also require a report from the President 

on the strengths and weaknesses of current laws governing and relating to the provision of this type of assistance; recommended 

changes, if any, to those laws; any organizational and procedural 

changes that should be made in the Department of Defense and the 

Department of State to improve their ability to conduct such programs; and the resources and funding mechanisms required to assure adequate funding for such programs. 

The conferees note that under current law, foreign military 

training programs are conducted exclusively under the authority of 

the Secretary of State. The conferees believe it is important that 

any changes in statutory authorities for foreign military assistance 

do not have unintended consequences for the effective coordination 

of U.S. foreign policy writ large, nor should they detract from the 

Department of Defense’s focus on its core responsibilities, particularly the warfighting tasks for which it is uniquely suited. The conferees view the provision under this section of limited new authorities for the President to direct the Secretary of Defense to conduct 

such programs as a 2-year pilot program. The conferees intend to 

review carefully how that authority is exercised so as to have a 

basis for determining whether and, if so, in what precise manner, 

to reauthorize this or provide other authority after the conclusion 

of the pilot program. An important factor in the conferees’ future 

consideration of this matter will be the report that is to be provided 

under this section. 

Security and stabilization assistance (sec. 1207) 

The Senate amendment contained a provision (sec. 1207) that 

would provide the Secretary of Defense authority to use or transfer 

defense articles, services, training or other support, including support acquired by contract or otherwise, to provide immediate reconstruction, security or stabilization assistance to a foreign country 

for the purpose of restoring or maintaining peace and security in 

that country. The provision would permit the Secretary of Defense 

to transfer funds to the Department of State or any other federal 

agency for this purpose. The aggregate value of assistance provided 

or funds transferred under this authority could not exceed $200.0 

million in a fiscal year. 

The House bill contained no similar provision. 

The House recedes with an amendment that would clarify that 

the Secretary of Defense may provide to the Secretary of State 

services, defense articles, and funding up to the amount of $100.0 

million in a fiscal year to facilitate the provision by the Secretary 

of State of reconstruction, security, or stabilization assistance to a 

foreign country. The amendment would limit this authority to fiscal 

years 2006 and 2007. The amendment would require the Secretary 

of Defense, in coordination with the Secretary of State, to notify 

specified congressional committees of the use of this authority. Any 

services, defense articles, and funding transferred to the Secretary 

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ance Act, the Arms Export Control Act, and other laws under 

which the Secretary of State is authorized to provide such assistance. 

The conferees commend the administration for the steps it is 

taking to improve U.S. capacity and interagency coordination in 

planning for, supporting, and conducting stability operations in 

post-conflict situations. The conferees support the steps the Secretary of Defense is taking to place greater emphasis on the stability operations mission in Department of Defense planning and 

guidance so that the mission is fully integrated across all Department activities. 

In authorizing this provision, the conferees also express their 

support for the Department of State Office of the Coordinator for 

Reconstruction and Stabilization (S/CRS). The mission of S/CRS is 

to lead, coordinate and institutionalize U.S. government civilian capacity to prevent or prepare for post-conflict situations, and to help 

stabilize and reconstruct societies in transition from conflict or civil 

strife. The conferees commend the Department of Defense’s active 

support of and cooperation with S/CRS, and urge the Department 

of Defense to continue to deepen its coordination with the Department of State on planning for and participating in post-conflict stability operations and reconstruction efforts. 

The conferees view this provision as a temporary authority to 

provide additional resources, if needed, to the Department of State 

until S/CRS is fully stood up and adequately resourced. The conferees do not believe it is appropriate, and are not inclined, to provide long-term funding from the Department of Defense to the Department of State so that the Department of State can fulfill its 

statutory authorities. The conferees urge the administration to request the necessary resources for S/CRS in fiscal year 2007 and future years budget submissions for the Department of State. 

Reimbursement of certain coalition nations for support provided to 

United States military operations (sec. 1208) 

The House bill contained a provision (sec. 1531) that would authorize the Secretary of Defense to reimburse any key cooperating 

nation for logistical and military support provided by that nation 

to, or in connection with U.S. military operations in Iraq, Afghanistan, and the global war on terrorism. The total amount of payments made under the authority of this section during fiscal year 

2006 may not exceed $1.5 billion. The Secretary may not enter into 

any contractual obligation to make payment under the authority of 

this provision without congressional notification. The Secretary 

shall notify congressional defense committees not less than 15 days 

before making any payment under the authority of this section. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Authority to transfer defense articles and provide defense services to 

the military and security forces of Iraq and Afghanistan (sec. 

1209) 

The conferees included a provision that would provide the 

President authority during fiscal year 2006 to transfer defense articles from the stocks of the Department of Defense, and to provide 


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defense services in connection with the transfer of such defense articles, to the military and security forces of Iraq and Afghanistan 

in order to support their efforts to restore and maintain peace and 

security in those countries. The provision would limit to 

$500,000,000 the aggregate value of defense articles to be transferred and defense services to be provided. This authority would be 

subject to certain authorities and limitations, as specified in this 

provision, that are applicable to the transfer of excess defense articles under the Foreign Assistance Act (22 U.S.C. 2321j). The provision would require the President to submit to specified congressional committees a notification 15 days prior to the exercise of this 

authority. The notification would include: (1) information that is required by specified provisions of the Foreign Assistance Act; (2) the 

amount and type of defense articles to be transferred and services 

to be provided, and the brigade-level units from which the defense 

articles are to be transferred or defense services provided; and (3) 

the element of the military or security force that is the proposed 

recipient of each defense article to be transferred or defense service 

to be provided. 

The conferees note that this provision would require the President to make an assessment that the proposed transfer of defense 

articles or provision of defense services will not have an adverse 

impact on the military readiness of the United States. The conferees understand this to mean that the overall readiness of the 

U.S. Armed Forces would not be adversely impacted. The conferees 

understand that the readiness of a particular unit could be temporarily impacted following the transfer of defense articles under this 

provision, and would not expect that fact to prevent the President 

from exercising this authority. 

The conferees further note that the authority provided by this 

provision would not permit the transfer of defense articles or the 

provision of defense services to nongovernmental or irregular forces 

such as private militias. 

Subtitle B—Nonproliferation Matters and Countries of Concern 

Prohibitions on procurements from Communist Chinese military 

companies (sec. 1211) 

The House bill contained a provision (sec. 1213) that would 

prohibit the Secretary of Defense from purchasing goods or services 

from any foreign person connected to the Chinese military or security forces. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would: (1) limit 

the prohibition to goods and services that are on the U.S. Munitions List; (2) provide for an exception for goods and services procured in connection with a visit by a vessel or an aircraft of the 

U.S. Armed Forces, for testing, or for the purposes of gathering intelligence; and (3) authorize the Secretary of Defense to waive the 

prohibition for national security purposes. 

Report on nonstrategic nuclear weapons (sec. 1212) 

The Senate amendment contained a provision (sec. 1208) that 

would direct the Secretary of Defense, in consultation with the SecVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00831 Fmt 6601 Sfmt 6601 E:\HR\OC\HR360.XXX HR360

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retary of State, to conduct a review of United States and Russian 

nonstrategic nuclear weapons and to submit a report of the results 

of that review within 6 months of enactment of this Act. 

The House bill contained no similar provision. 

The House recedes with an amendment that would add the 

Secretary of Energy to the reporting requirement. 

Subtitle C—Reports and Sense of Congress Provisions 

War-related reporting requirements (sec. 1221) 

The House bill contained a provision (sec. 1223) that would direct the Secretary of Defense to submit to the congressional defense 

committees war-related reports on costs, reconstitution, and military construction for Operation Iraqi Freedom, Operation Enduring 

Freedom, and Operation Noble Eagle. In addition, the Secretary 

shall submit to the Comptroller General, no later than 45 days 

after the end of each reporting month, the Department of Defense 

Supplemental and Cost of War Execution reports. Based on these 

reports, the Comptroller General shall provide Congress quarterly 

updates on war costs. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

report to differentiate costs by operation. 

Quarterly reports on war strategy in Iraq (sec. 1222) 

The Senate amendment contained a provision (sec. 1049a) that 

would require that at the same time the Secretary of Defense submits to Congress required reports on stability and security in Iraq, 

the Secretary and appropriate personnel from the Central Intelligence Agency (CIA) shall provide the appropriate committees of 

Congress a briefing on the strategy for the war in Iraq. 

The House bill contained no similar provision. 

The House recedes with an amendment that would include the 

House Permanent Select Committee on Intelligence and the Senate 

Select Committee on Intelligence in the briefings and that these 

briefings terminate after 12 of the quarterly briefings have been 

provided, or December 31, 2008, whichever is later. The conferees 

acknowledge that the portion of the briefing presented by the CIA 

will focus on the latest intelligence assessments regarding the war 

in Iraq. 

Report on records of civilian casualties in Afghanistan and Iraq 

(sec. 1223) 

The Senate amendment contained a provision (sec. 1048) that 

would require the Secretary of Defense to submit a report to appropriate committees of Congress with information on records of civilian casualties in Afghanistan and Iraq. The report shall be submitted not later than 90 days after the enactment of this Act. This 

provision does not require U.S. Armed Forces to collect any additional information on civilian casualties other than what is currently collected. 

The House bill contained no similar provision. 

The House recedes with amendment. 


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Annual report on Department of Defense costs to carry out United 

Nations resolutions (sec. 1224) 

The Senate amendment contained a provision (sec. 1087) that 

would require an annual report on the costs incurred by the Department of Defense in implementing or supporting resolutions of 

the United Nations Security Council. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment. 

Report on claims related to the bombing of the LaBelle Discotheque 

(sec. 1225) 

The Senate amendment contained a provision (sec. 1089) that 

would require a report on claims by U.S. citizens relating to the 

bombing of the LaBelle Discotheque in Berlin, Germany. 

The House bill contained no similar provision. 

The House recedes. 

Sense of Congress concerning cooperation with Russia on issues pertaining to missile defense (sec. 1226) 

The House bill contained a provision (sec. 1224) that would express the sense of Congress that cooperation between the United 

States and Russia with regard to missile defense is in the interest 

of the United States and that the United States should explore innovative and nontraditional means of cooperation with Russia in 

the area of missile defense. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would include implementation of the Moscow Joint Data Exchange Center as an additional possibility for cooperation with Russia with respect to missile defense. 

United States policy on Iraq (sec. 1227) 

The Senate amendment contained a provision (sec. 1211) that 

would express a sense of the Senate about the policy on Iraq that 

included, among other provisions, a recognition that the members 

of the U.S. armed forces who are serving or have served in Iraq 

and their families deserve the utmost respect and the heartfelt 

gratitude of the American people; that the Iraqi people have made 

enormous sacrifices; that calendar year 2006 should be a period of 

significant transition to Iraqi sovereignty, with the security forces 

taking the lead, thereby creating the conditions for the phased redeployment of U.S. forces from Iraq; and that the administration 

should tell the leaders of all groups and political parties in Iraq 

that they need to make the compromises necessary to achieve a 

broad-based and sustainable political settlement. 

The provision would also direct that not later than 90 days 

after the date of the enactment of this Act, and every 3 months 

thereafter, the President shall submit to Congress a report on U.S. 

policy and military operations in Iraq. This report is in addition to 

the various reports, briefings, and updates the President and his 

other senior officials have provided on a routine basis. The provision contained a list of conditions that shall be addressed in the report. 

The House bill contained no similar provision. 


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The House recedes with an amendment that would permit the 

President to submit a classified annex, recognizes the progress of 

the Iraqi Security Forces, and that the professional military judgment of our senior military should be a key factor in future decisions. 

The conferees acknowledge that the President has delivered 

over 24 major speeches on Iraq and provided Congress and the 

American people with a National Strategy for Victory in Iraq on 

November 30, 2005. 

Subtitle D—Other Matters 

Purchase of weapons overseas for force protection purposes in countries in which combat operations are ongoing (sec. 1231) 

The House bill contained a provision (sec. 1221) that would 

permit the Secretary of Defense to purchase weapons from any foreign person, foreign government, international organization, or 

other entity located in a country in which U.S. combat personnel 

are engaged in military operations for the purpose of protecting 

those personnel. The provision would limit the amount expended 

during any fiscal year for this purpose to $15.0 million. The provision would also require an annual report on the use of this authority. 

The Senate amendment contained a similar provision (sec. 324) 

that would permit weapons purchased under this authority to be 

destroyed, and would require the Secretary of Defense to promptly 

notify the congressional defense committees of any use of this authority. 

The Senate recedes with an amendment that would require a 

semiannual report on the use of this authority. 

The conferees note that this provision does not provide the Secretary of Defense authority to transfer weapons purchased under 

this authority to military and security forces of a foreign country. 

The conferees further note that authority in this section is intended 

for use by the U.S. Armed Forces during ongoing military operations. On those occasions when the Secretary of Defense uses this 

authority during military operations in a country in which a wider 

internationally-led disarmament, demobilization, and reintegration 

(DDR) program, such as those that took place in Bosnia or Afghanistan, is taking place, the conferees believe that the Secretary of Defense should closely consult and coordinate with the Secretary of 

State to ensure that actions taken pursuant to the authority of this 

section complements, or is integrated with, such an internationallyled program or utilizes best practices for such DDR programs. 

Riot control agents (sec. 1232) 

The Senate amendment contained a provision (sec. 1080) that 

would restate current U.S. policy on riot control agents, and require a report on the use of riot control agents by members of the 

Armed Forces. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment. 

The conferees note that the report required by this provision 

should include a description of the doctrinal publications and any 


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other resources made available to members of the Armed Forces regarding the tactical employment of riot control agents. The report 

should also include a discussion of whether riot control agent inventories are sufficient in numbers and type to meet existing requirements. 

Requirement for establishment of certain criteria applicable to Global Posture Review (sec. 1233) 

The House bill contained a provision (sec. 1222) that would require the Secretary of Defense to develop criteria, as part of the 

Global Posture Review, for assessing the costs and benefits of deploying to particular overseas locations and for establishing new 

overseas facilities. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would clarify the 

reporting requirements. The amendment would also add a requirement for the Secretary to notify the congressional defense committees within 30 days after the United States enters into an agreement with a foreign country to support the deployment of elements 

of the U.S. Armed Forces in that country. 

The conferees are concerned that the implementation of the Integrated Global Basing and Presence Strategy (IGPBS) may result 

in higher costs for the Department of Defense, new requirements 

for strategic mobility assets, and an increased deployment tempo 

for military units and personnel. The conferees intend for the Secretary to develop criteria and a mechanism for the analysis of alternatives to assess the impact of basing decisions on various aspects of military operations and to submit a report to Congress detailing these considerations by March 30, 2006. The conferees also 

expect the Secretary to include in the annual budget submission of 

the Department a clear account of all proposed expenditures associated with the implementation of the IGPBS. 

The conferees note that certain factors to be assessed in the report required by this provision apply to agreements with host nations, while other factors depend on the specific nature of the overseas facility. The conferees expect the Secretary to develop criteria 

and to provide the most comprehensive assessment possible for 

each overseas facility subject to a new basing arrangement. 

The United States-China Economic Security Review Commission 

(sec. 1234) 

The Senate amendment contained a provision (sec. 1210) that 

would note certain findings of the 2004 Report to Congress of the 

United States-China Economic and Security Review Commission. 

The provision would also express the sense of Congress that the 

President should take immediate steps to establish a plan to address the emergence of China economically, diplomatically, and 

militarily; to promote mutually beneficial trade relations with 

China; and to encourage China’s adherence to international norms 

in the areas of trade, international security, and human rights. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment. 


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LEGISLATIVE PROVISIONS NOT ADOPTED

Military educational exchanges between senior officers and officials 

of the United States and Taiwan 

The House bill contained a provision (sec. 1203) that would require the Secretary of Defense to undertake a program of senior 

military officer and senior official exchanges with Taiwan designed 

to improve Taiwan’s defenses against the People’s Liberation Army 

of the People’s Republic of China. 

The Senate amendment contained no similar provision. 

The House recedes. 

Procurement sanctions against foreign persons that transfer certain 

defense articles and services to the People’s Republic of China 

The House bill contained a provision (sec. 1212) that would 

prohibit the Secretary of Defense from purchasing goods or services 

from any entity that knowingly transfers an item that is on the 

U.S. Munitions List to the People’s Republic of China. 

The Senate amendment contained no similar provision. 

The House recedes. 

Prohibition on engaging in certain transactions 

The Senate amendment contained a provision (sec. 1205) that 

would increase the statutory limit on civil penalties under the 

International Emergency Economic Powers Act and codify certain 

application of U.S. sanctions laws. 

The House bill contained no similar provision. 

The Senate recedes. 

Report on acquisition by Iran of nuclear weapons 

The House bill contained a provision (sec. 1211) that would express the sense of Congress that preventing Iranian acquisition or 

development of weapons of mass destruction and their associated 

delivery systems remains the paramount goal of U.S. policy toward 

Iran. The provision would also require the Secretary of Defense 

and the Chairman of the Joint Chiefs of Staff to provide a report 

assessing the strategic implications of Iranian acquisition of nuclear weapons. 

The Senate amendment contained no similar provision. 

The House recedes. 

Sense of Congress on support for Nuclear Non-Proliferation Treaty 

The Senate amendment contained a provision (sec. 1209) that 

would express a sense of the Congress on support for the Nuclear 

Non-Proliferation Treaty (NPT). 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees reaffirm their support for the objectives of the 

NPT and for all appropriate measures to strengthen the NPT and 

to attain its objectives. The conferees call on all parties to the NPT: 

(1) to support compliance with treaty obligations and to 

undertake effective enforcement measures against states that 

are in violation of their obligations under the Treaty; 


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(2) to agree to establish more effective controls on enrichment and reprocessing technologies that can be used to 

produce materials for nuclear weapons; 

(3) to expand and support the International Atomic Energy 

Agency efforts to inspect and monitor compliance with safeguards and standards to which all states should adhere 

through existing authority and the additional protocols signed 

by the states party to the NPT; 

(4) to demonstrate the international community’s unified 

opposition to a nuclear weapons program in Iran by supporting 

efforts of the United States and the European Union to prevent 

the Government of Iran from acquiring a nuclear weapons capability and using all appropriate diplomatic means at their 

disposal to convince the Government of Iran to abandon its 

uranium enrichment program; 

(5) to support strongly the ongoing U.S. diplomatic efforts 

in the context of the six-party talks that seek the verifiable 

and irreversible disarmament of North Korea’s nuclear weapons programs and to use all appropriate diplomatic means to 

achieve this result; 

(6) to pursue diplomacy designed to address the underlying 

regional security problems in Northeast Asia, South Asia, and 

the Middle East, which would facilitate non-proliferation and 

disarmament efforts in those regions; 

(7) to accelerate, wherever practicable, programs to safeguard and eliminate nuclear weapons-usable material to the 

highest standards to prevent access by terrorists and governments; 

(8) to halt the use of highly enriched uranium in civilian 

reactors; 

(9) to strengthen national and international export controls 

and relevant security measures as required by United Nations 

Security Council Resolution 1540; 

(10) to agree that no state may withdraw from the NPT 

and escape responsibility for prior violations of the Treaty or 

retain access to controlled materials and equipment acquired 

for ‘‘peaceful’’ purposes; 

(11) to call for reduction in the world’s stockpile of nuclear 

weapons consistent with obligations and commitments under 

the Treaty, for a moratorium on production of weapons grade 

fissile materials, and for progress on negotiation of a fissile 

material cut-off treaty; and (12) to strengthen and expand support for the Proliferation Security Initiative. 

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH 

STATES OF THE FORMER SOVIET UNION 

LEGISLATIVE PROVISIONS ADOPTED

Specification of Cooperative Threat Reduction programs and funds 

(sec. 1301) 

The House bill contained a provision (sec. 1301) that would define the programs that are Cooperative Threat Reduction (CTR) 

programs, define the funds for CTR programs as those authorized 


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to be appropriated in section 301 of this Act, and specify that CTR 

funds shall remain available for obligation for three fiscal years. 

The Senate amendment contained an identical provision (sec. 

1301). 

The conference agreement includes this provision. 

Funding allocations (sec. 1302) 

The House bill contained a provision (sec. 1302) that would au- thorize $415.5 million for the Cooperative Threat Reduction (CTR) 

program. The provision would also authorize specific amounts for 

each CTR program element, require notification to Congress 30 

days before the Secretary of Defense obligates and expends fiscal 

year 2006 funds for purposes other than those specifically authorized, and provide limited authority to obligate amounts for a CTR 

program element in excess of the amount specifically authorized for 

that purpose. 

The Senate amendment contained a similar provision (sec. 

1302). 

The House recedes. 

Permanent waiver of restrictions on use of funds for threat reduction in states of the former Soviet Union (sec. 1303) 

The House bill contained a provision (sec. 1304) that would 

provide the President with the authority for calendar years 2005, 

2006, and 2007 to waive a former Soviet Union state’s eligibility requirements for receiving Cooperative Threat Reduction (CTR) 

funds, provided that the President certifies to Congress that a 

waiver is important to the national security interests of the United 

States, and submits a more detailed report that describes both the 

activity or activities that prevent eligibility and a strategy, plan, or 

policy for addressing eligibility shortfalls. 

The Senate amendment contained a provision (sec. 1303) that 

would make permanent the President’s authority to waive, on an 

annual basis, a former Soviet Union state’s eligibility requirements 

for receiving CTR funds, provided that the President certifies to 

Congress that a waiver is important to the national security interests of the United States, and submits a more detailed report that 

describes both the activity or activities that prevent eligibility and 

a strategy, plan, or policy for addressing eligibility shortfalls. 

The House recedes. 

Report on elimination of impediments to threat-reduction and nonproliferation programs in the former Soviet Union (sec. 1304) 

The House bill contained a provision (sec. 1305) that would require the President to submit to the Congress a report on impediments to the effective execution of threat reduction programs in the 

states of the former Soviet Union. 

The Senate amendment contained no similar provision. 

The Senate recedes with a clarifying amendment. 

The conferees note that despite the importance of programs 

and activities to assist in securing weapons of mass destruction 

and related materials in the states of the former Soviet Union, the 

effective conduct of such programs has been impeded by numerous 

legal and administrative disagreements regarding a variety of 


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issues, including access to sites, liability, and taxation. However, in 

some cases it has been possible to resolve such disagreements 

through committed and high-level discussions between governments. 

Repeal of requirement for annual Comptroller General assessment 

of annual Department of Defense report on activities and assistance under Cooperative Threat Reduction programs (sec. 1305) 

The Senate amendment contained a provision (sec. 1305) that 

would repeal the requirement for the Comptroller General to provide to Congress an assessment of the annual Department of Defense report to Congress on the Cooperative Threat Reduction programs. 

The House bill contained no similar provision. 

The House recedes. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Authority to obligate weapons of mass destruction proliferation prevention funds for nuclear weapons storage security 

The House bill contained a provision (sec. 1303) that would authorize the Secretary of Defense to obligate fiscal year 2006 funds 

appropriated for the Cooperative Threat Reduction (CTR) weapons 

of mass destruction proliferation prevention initiative for nuclear 

storage security, provided that the Secretary provides 15 day advance written notification and justification to Congress. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conferees note that in a February 2005 joint statement, 

the President of the United States and the President of the Russian Federation declared their intent to expand and deepen cooperation on nuclear security with the goal of enhancing the security of nuclear facilities. If the United States and Russia reach 

agreement on additional projects in this area, it may be necessary 

for the Department of Defense to allocate additional CTR funds for 

the nuclear weapons storage security program. The Department 

may choose to obligate funds authorized for weapons of mass destruction proliferation prevention for nuclear weapons storage security, subject to the notification and justification process described 

in section 1302 of this Act. 

Modification of authority to use Cooperative Threat Reduction funds 

outside the former Soviet Union 

The Senate amendment contained a provision (sec. 1304) that 

would modify the authority of the Department of Defense to use 

Cooperative Threat Reduction funds outside the former Soviet 

Union by changing the existing requirement for a presidential determination and certification to a requirement for a determination 

and certification made by the Secretary of Defense, with the concurrence of the Secretary of State. 

The House bill contained no similar provision. 

The Senate recedes. 


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Removal of certain restrictions on provision of cooperative threat reduction assistance 

The Senate amendment contained a provision (sec. 1306) that 

would repeal all of the existing eligibility and certification requirements that must be met or waived in order for states of the former 

Soviet Union to receive Cooperative Threat Reduction assistance. 

The House bill contained no similar provision. 

The Senate recedes. 

Title XIV—Matters Relating to Detainees 

LEGISLATIVE PROVISION ADOPTED

Matters relating to detainees (secs. 1401–1406) 

The Senate amendment contained three provisions (secs. 1074, 

1075, and 1092) relating to detainees. The first provision (sec. 

1074) would provide uniform standards for the interrogation of persons under the detention of the Department of Defense. The second 

provision (sec. 1075) would prohibit cruel, inhuman, or degrading 

treatment or punishment of persons under the custody or control 

of the U.S. Government. The third provision (sec. 1092) would provide procedures for the legal review of detainees held by the Department at Guantanamo Bay, Cuba. 

The House bill contained no similar provisions. 

The House recedes with an amendment that would establish a 

new title of the bill addressing matters relating to detainees. 

Section 1401 would designate the title as the ‘‘Detainee Treatment Act of 2005.’’

Section 1402 contains the text of Senate section 1074 without 

change. 

Section 1403 contains the text of Senate section 1075 without 

change. 

Section 1404 is a new provision. 

Subsection (a) would provide an affirmative defense in any civil 

action or criminal prosecution against an officer, employee, member 

of the armed forces, or other agent of the U.S. Government, who 

is a U.S. person, arising out of the person’s engaging in specific 

operational practices involving detention or interrogation of aliens 

who the President or his designees have determined are believed 

to be engaged in or associated with international terrorist activity 

that poses a serious, continuing, threat to the U.S., its interests, 

or its allies. If the practices were officially authorized and determined to be lawful at the time they were conducted, it would be 

a defense that the person did not know that the practices were unlawful and that a person of ordinary sense and understanding 

would not know that they were unlawful. Good faith reliance on 

advice of counsel would be an important factor, among others, to 

consider in assessing whether a person of ordinary sense and understanding would have known the practices to be unlawful. Nothing in this section is to be construed to limit or extinguish any defense or protection otherwise available to any person or entity from 

suit or civil or criminal liability, or to provide immunity from prosecution for any criminal offense by the proper authorities. 


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Subsection (b) would authorize the United States Government 

to provide or employ counsel, pay counsel fees, court costs, bail, 

and other expenses incident to the representation of any such person with respect to any civil action or criminal prosecution arising 

out of practices described in subsection (a), whether brought inside 

or outside the U.S., under the same conditions and to the same extent to which such services and payments are authorized under 

section 1037 of title 10, United States Code. 

Section 1405 would address the procedures for legal review of 

detainees held by the Department. 

Subsection (a) would require the Secretary of Defense to submit the Department of Defense procedures for status review of detainees at Guantanamo Bay, Cuba, and in Afghanistan, and Iraq 

to the appropriate congressional committees. It would also require 

that the official designated by the President or Secretary of Defense to be the final review authority with respect to the determinations of the administrative tribunals (the ‘‘Designated Civilian 

Official’’) be a civilian officer of the Department of Defense who is 

appointed by the President with the advice and consent of the Senate. The conferees expect the Designated Civilian Official to accomplish final review of the decisions of the tribunals in an expeditious 

fashion. 

Subsection (b) would require that a Combatant Status Review 

Tribunal and an Administrative Review Board (or similar or successor administrative tribunal or board) for detainees at Guantanamo Bay, Cuba determine whether any statement derived from or 

relating to a detainee was obtained as a result of coercion and if 

so, the probative value (if any) of any such statement. 

Subsection (c) would require the Secretary of Defense to submit a report on any modification to the procedures submitted under 

subsection (a). 

Subsection (d) would require the Secretary of Defense to submit to Congress an annual report on the annual review process for 

aliens in the custody of the Department of Defense outside the 

United States. 

Subsection (e) would provide for judicial review of detainees 

held at Guantanamo Bay, Cuba. 

Paragraph (1) would amend section 2241 of title 28, United 

States Code, to provide that, except as provided in this section, no 

court, justice, or judge shall have jurisdiction to hear or consider: 

(1) an application for a writ of habeas corpus filed by or on behalf 

of an alien detained by the Department at Guantanamo Bay, Cuba; 

or (2) any other action against the United States or its agents relating to any aspect of such detention by an alien who remains in 

military custody or for whom the U.S. Court of Appeals for the District of Columbia Circuit has determined that such detention was 

proper. 

Paragraph (2) would provide for direct judicial review, in the 

U.S. Court of Appeals for the District of Columbia Circuit, of the 

validity of any final decision of a Combatant Status Review Tribunal that an alien detained by the Department of Defense at 

Guantanamo Bay, Cuba is properly detained as an enemy combatant. 


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Paragraph (3) would provide for direct judicial review, in the 

U.S. Court of Appeals for the District of Columbia Circuit, of the 

validity of any final decision pursuant to Military Commission 

Order No. 1 dated August 31, 2005, (or any successor military 

order) regarding an alien detained by the Department at Guantanamo Bay, Cuba. 

Paragraph (4) would provide that the Secretary shall be the 

named respondent in any appeal under this provision. 

Subsection (f) would provide that nothing in section 1705 shall 

be construed to confer any constitutional right on an alien detained 

as an enemy combatant outside the United States. 

Subsection (g) would define the term ‘‘United States.’’

Subsection (h) would establish the effective date of the provision. 

Section 1406 is a new provision that would require the Secretary to prescribe policies to ensure that all personnel of Iraqi 

military forces who are trained by Department personnel or contractors receive training regarding the international obligations 

and laws applicable to the humane detention of detainees, including protections afforded under the Geneva Conventions and the 

Convention against Torture. It would also require that the unclassified portions of the Army Field Manual on Intelligence Interrogation be translated into Arabic and other appropriate languages for 

use by the Iraqi security forces, and be distributed to appropriate 

officials of the Iraqi government. American military personnel are 

trained and encouraged to lead by example. The conferees intend 

that our personnel set the example for the new Iraqi democracy by 

demonstrating the commitment to the rule of law that is essential 

to armed forces in a democratic state. The conferees also urge that 

the translated version of the Field Manual be given broad distribution throughout the Iraqi security forces, including to field and 

company-grade officers and noncommissioned officers. 

TITLE XV—AUTHORIZATION FOR INCREASED COSTS DUE 

TO OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM 

Overview 

The House bill contained a title (title XV) that would provide 

new authorizations of appropriations of $49.1 billion for ongoing operations in Iraq and Afghanistan. The title also contains reporting 

requirements and general provisions. 

The Senate amendment contained a similar title (title XIV) 

that would authorize $50.0 billion for ongoing operations in Iraq 

and Afghanistan. The provision also contained reporting requirements and general provisions. 

The conferees recommend a title that provides new authorization of appropriations of $50.0 billion for ongoing operations in Iraq 

and Afghanistan. The title also contains reporting requirements 

and general provisions. 


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815 

Summary table of authorization 

The following table summarizes authorizations included in the 

bill for ongoing operations in Iraq and Afghanistan for fiscal year 

2006. 


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816 


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817 


ycherry on PROD1PC64 with REPORTSInsert offset folio 683/1507 here HR360.419
818 


ycherry on PROD1PC64 with REPORTSInsert offset folio 683/1508 here HR360.420
819 


ycherry on PROD1PC64 with REPORTSInsert offset folio 683/1509 here HR360.421
820 


ycherry on PROD1PC64 with REPORTSInsert offset folio 683/1510 here HR360.422
821 


ycherry on PROD1PC64 with REPORTSInsert offset folio 683/1511 here HR360.423
822 


ycherry on PROD1PC64 with REPORTSInsert offset folio 683/1512 here HR360.424
823 


ycherry on PROD1PC64 with REPORTSInsert offset folio 683/1513 here HR360.425
824 


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825 


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826 

ITEMS OF SPECIAL INTEREST

Advanced First Responder Network 

The conferees are aware of the efforts to deploy the Advanced 

First Responder Network (AFRN) in Iraq which will begin to address: (1) the requirement of mission-critical public-safety communications capabilities and allow for coordination of security planning and execution; (2) rapid data collection and analysis of changing security threats; (3) rapid coordination and deployment of security assets to address threats; (4) effective planning to prevent and 

reduce future security threats; and (5) a more secure environment 

that will foster democracy and economic development. The AFRN 

infrastructure in Iraq has been designed to accommodate the entire 

country, and critical infrastructure such as pipelines. The conferees 

support this effort and, with funds available in this legislation and 

prior appropriations acts, encourage that reconstruction efforts to 

continue to place a high value on completion of an integrated security network with the deployment of AFRN and related advanced 

networks. 

LEGISLATIVE PROVISIONS ADOPTED

Purpose (sec. 1501) 

The House bill contained a provision (sec. 1501) that would establish a title as an authorization of appropriations for the Department of Defense for fiscal year 2006, in addition to amounts otherwise authorized in this Act, to provide funds for additional costs 

due to Operation Iraqi Freedom and Operation Enduring Freedom. 

The Senate amendment contained a similar provision (sec. 

1401). 

The Senate recedes with an amendment that would conform 

this title in accordance with section 402 of H. Con. Res. 95 (109th 

Congress), the Concurrent Resolution on the Budget for Fiscal Year 

2006. 

Army Procurement (sec. 1502) 

The House bill contained a provision (sec. 1502) that would authorize an additional $2,625.7 million in fiscal year 2006 for Army 

Procurement. 

The Senate amendment contained provisions (secs. 1403 and 

1405) that would authorize $834.6 million in fiscal year 2006 for 

Army Procurement, and provide the Secretary of the Army with 

the flexibility to procure up-armored high mobility multipurpose 

wheeled vehicles and add-on armor for tactical wheeled vehicles. 

The House recedes with an amendment that would recommend 

an authorization of $2,295.4 million in fiscal year 2006 for Army 

Procurement. This provision would also provide the Secretary of 

the Army with the flexibility to procure up-armored high mobility 

multipurpose wheeled vehicles and add-on armor for tactical 

wheeled vehicles. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 


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827 

Navy and Marine Corps Procurement (sec. 1503) 

The House bill contained a provision (sec. 1503) that would authorize an additional $642.2 million in fiscal year 2006 for Navy 

and Marine Corps Procurement. 

The Senate amendment contained a provision (sec. 1404) that 

would authorize an additional $914.2 million in fiscal year 2006 for 

Navy and Marine Corps Procurement, and provide the Secretary of 

the Navy with the flexibility to procure up-armored high mobility 

multipurpose wheeled vehicles and add-on armor for tactical 

wheeled vehicles. 

The House recedes with an amendment that would provide an 

additional authorization of $864.0 million in fiscal year 2006 for 

Navy and Marine Corps Procurement. The provision would also 

provide the Secretary of the Navy with the flexibility to procure uparmored high mobility multipurpose wheeled vehicles and add-on 

armor for tactical wheeled vehicles. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 

Air Force Procurement (sec. 1504) 

The Senate amendment contained a provision (sec. 1407) that 

would authorize an additional $375.1 million in fiscal year 2006 for 

Air Force Procurement. 

The House bill contained no similar provision. 

The House recedes with an amendment that would provide an 

additional authorization of $214.0 million in fiscal year 2006 for Air 

Force Procurement. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 

Defense-wide activities procurement (sec. 1505) 

The House bill contained a provision (sec. 1504) that would authorize an additional $103.9 million in fiscal year 2006 for Procurement, Defense-wide. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

The conferees recommend an authorization of $103.9 million in 

fiscal year 2006 for Procurement, Defense-wide. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 

Research, Development, Test, and Evaluation (sec. 1506) 

The House bill contained a provision (sec. 1505) that would authorize an additional $75.0 million in fiscal year 2006 for Research, 

Development, Test, and Evaluation, Defense-wide Activities. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would provide an 

additional authorization of $75.0 million in fiscal year 2006 for Research, Development, Test, and Evaluation, Defense-wide Activities; and an additional authorization of $8.7 million for Research, 

Development, Test, and Evaluation, Army. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 


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828 

Operation and Maintenance (sec. 1507) 

The House bill contained a provision (sec. 1506) that would au- thorize an additional $30,186.4 million in fiscal year 2006 for operation and maintenance programs. 

The Senate amendment contained a similar provision (sec. 1409) that would authorize an additional $32,000.4 million in fiscal 

year 2006 for operation and maintenance programs. 

The conferees recommend an additional authorization of 

$27,531.5 million in fiscal year 2006 for operation and maintenance 

programs. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 

Defense Working Capital Funds (sec. 1508) 

The House bill contained a provision (sec. 1507) that would au- thorize an additional $1,700.0 million in fiscal year 2006 for the 

Defense Working Capital Fund. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

The conferees recommend an additional authorization of 

$1,700.0 million in fiscal year 2006 for the Defense Working Capital Fund. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 

Defense Health Program (sec. 1509) 

The House bill contained a provision (sec. 1508) that would au- thorize an additional $846.0 million in fiscal year 2006 for Defense 

Health Program activities. 

The Senate amendment contained a similar provision (sec 1410) that would authorize an additional $977.8 million in fiscal 

year 2006 for Defense Health Program activities. The conferees recommend an additional authorization of $178.4 

million in fiscal year 2006 for Defense Health Program activities. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 

Military Personnel (sec. 1510) 

The House bill contained a provision (sec. 1509) that would au- thorize an additional $9,390.0 million in the fiscal year 2006 for 

military personnel accounts. 

The Senate amendment contained a similar provision (sec. 1411) that would authorize an additional $11,596.0 million in the 

fiscal year 2006 for military personnel accounts. 

The conferees recommend an additional authorization of 

$11,788.3 million in the fiscal year 2006 for military personnel accounts. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 

Iraq Freedom Fund (sec. 1511) 

The House bill contained provisions (secs. 1510 and 1511) that 

would authorize an additional $3,500.0 million in fiscal year 2006 

for costs of ongoing military operations in Iraq and Afghanistan. 


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829 

Section 1510 would authorize an additional $1.0 billion for the Iraq 

Freedom Fund. Section 1511 would authorize an additional $2.5 

billion for classified programs. 

The Senate amendment contained similar provisions (secs. 

1406, 1408, and 1412) that would authorize an additional $3.3 billion for ongoing military operations in Iraq and Afghanistan. Of 

those funds, no less than $500.0 million would be made available 

for activities of the Joint Improvised Explosive Device (IED) Task 

Force. 

The House recedes with an amendment that would provide an 

additional authorization of $5,240.7 billion in fiscal year 2006 for 

an Iraq Freedom Fund transfer account. Of those funds, no less 

than $2.5 billion shall be made available for classified programs, 

and no less than $1.0 billion shall be made available to the Joint 

IED Task Force. 

Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 

Treatment as additional authorizations (sec. 1512) 

The House bill contained a provision (sec. 1512) that would 

provide that the funds authorized in title XV of their bill for emergency contingency operations related to Operation Iraqi Freedom 

and Operation Enduring Freedom are in addition to the amounts 

otherwise authorized in this Act. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Transfer authority (sec. 1513) 

The House bill contained a provision (sec. 1513) that would 

provide fiscal year 2006 transfer authority of $3.0 billion to the Department of Defense for the authorizations contained in title XV of 

their bill. 

The Senate amendment contained a similar provision (sec. 

1413). 

The House recedes with an amendment that would provide fiscal year 2006 transfer authority of $2.5 billion to the Department 

for the authorizations contained in this title. 

Availability of funds (sec. 1514) 

The House bill contained a provision (sec. 1514) that would require the funds provided in title XV be made available for obligation by the end of the second quarter of fiscal year 2006. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Designation of emergency authorization 

The Senate amendment contained a provision (sec. 1402) that would authorize $50.0 billion in fiscal year 2006 to support emergency contingency operations related to the global war on terrorism. 

The House bill contained no similar provision. 

The Senate recedes. 


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830 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Explanation of funding tables 

Division B of this Act authorizes funding for military construction projects of the Department of Defense. It includes funding authorizations for the construction and operation of military family 

housing and military construction for the reserve components, the 

defense agencies, and the North Atlantic Treaty Organization Security Investment program. It also provides authorization for the 

base closure account that funds environmental cleanup and other 

activities associated with the implementation of base closure 

rounds. 

The budget request for fiscal year 2006 included authorization 

of appropriations for military construction and housing programs 

totaling $12,051.6 million. Of this amount, the budget request included authorization of appropriations for $1,880.5 million to implement the results of the 2005 defense base closure and realignment round. The amount authorized for appropriation is included 

in the following table in a line designated Base Realignment and 

Closure V. 

The House bill would authorize appropriations totaling 

$12,146.6 million for military construction and family housing programs. 

The Senate amendment would authorize appropriations totaling $12,044.5 million for military construction and family housing 

programs. 

The conferees agree to authorize appropriations of $12,419.5 

million for the military construction and family housing accounts 

of the Department for fiscal year 2006. When the impact of $252.9 

million in prior year rescissions enacted in the Military Construction, Quality of Life, and Veterans Appropriations Act, 2006 (Public 

Law 109–114) is included, the conference agreement is consistent 

with a budget authority level of $12,166.6 million for military construction and family housing programs. 

The following tables provide the project-level authorizations for 

the military construction funding authorized in division B of this 

Act and summarize that funding by account. 

ITEMS OF SPECIAL INTEREST

Unspecified minor construction accounts 

The conferees direct that, within authorized amounts for unspecified minor construction for each service component, the Secretary concerned shall carry out the following projects: 

Location Installation Project 

Amount 

Component ($ Thousands) 

Arizona .................... Marana ................... Fire Station ............................................. Army NG ................. 1,499 

New Jersey .............. Atlantic City IAP ..... Construct Arm/Disarm Apron .................. Air NG ..................... 1,500 

Oklahoma ................ McAlester AAP ........ Construct High Explosive Magazine ....... Army ....................... 1,100 

Washington ............. Camp Murray ......... Homeland Security Education Center ..... Army NG ................. 1,424 


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831 


ycherry on PROD1PC64 with REPORTSInsert graphic folio 683/1522 HR360.428
832 


ycherry on PROD1PC64 with REPORTSInsert graphic folio 683/1523 HR360.429
833 


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834 


ycherry on PROD1PC64 with REPORTSInsert graphic folio 683/1525 HR360.431
835 


ycherry on PROD1PC64 with REPORTSInsert graphic folio 683/1526 HR360.432
836 


ycherry on PROD1PC64 with REPORTSInsert graphic folio 683/1527 HR360.433
837 


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838 


ycherry on PROD1PC64 with REPORTSInsert graphic folio 683/1529 HR360.435
839 


ycherry on PROD1PC64 with REPORTSInsert graphic folio 683/1530 HR360.436
840 


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841 


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842 


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843 


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844 


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845 


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846 


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847 


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848 


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849 


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850 


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851 

LEGISLATIVE PROVISIONS ADOPTED

Short title (sec. 2001) 

The House bill contained a provision (sec. 2001) that would cite 

Division B of this Act as the Military Construction Authorization 

Act for Fiscal Year 2006. 

The Senate amendment contained an identical provision (sec. 

2001). 

The conference agreement includes this provision. 

TITLE XXI—ARMY 

Overview 

The House bill would authorize appropriations for the Army of 

$1,601.8 million for military construction and $1,353.6 million for 

family housing for fiscal year 2006. 

The Senate amendment would authorize appropriations for the 

Army of $1,605.9 million for military construction and $1,362.6 million for family housing for fiscal year 2006. 

The conferees agree to authorize appropriations for the Army 

of $1,775.3 million for military construction and $1,353.6 million 

for family housing for fiscal year 2006. 

The conferees agree to a request by the Department of the 

Army to amend the scope of a project submitted in the budget request for fiscal years 2005 and 2006 to construct a barracks facility 

at Fort Knox, Kentucky. This change is included in the table at the 

beginning of Division B of this conference report entitled ‘‘Military 

Construction Authorization for Fiscal Year 2006’’. 

The conferees also agree to a request by the Department of the 

Army to amend the scope of a project authorized for appropriation 

in the Military Construction Authorization Act for Fiscal Year 2005 

(Public Law 108–375) for a general instruction facility at Fort 

Bliss, Texas. 

ITEMS OF SPECIAL INTEREST

Army use of alternate authorities to acquire unaccompanied housing 

The conferees note that the Department of the Army is carrying out programs to transform its force structure and global presence within the next five years. This transformation will result in 

the permanent relocation among Army installations of over 100,000 

unaccompanied soldiers. The Department of the Army is currently 

in the process of developing an investment strategy to fund the 

construction of permanent facilities to support these transformation 

initiatives. 

The conferees also note that Congress has granted authority to 

the Department of the Army to enter into agreements with eligible 

entities to provide for the acquisition or construction of military unaccompanied housing units on or near military installations. Similar authorities have been used to dramatically improve the quality 

of family housing for the nation’s military personnel. 

The conferees encourage the Secretary of the Army to consider 

the use of alternate authorities for the construction of unaccompanied housing in the development of plans for permanent facilities 


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852 

at installations planned for substantial increases in the number of 

unaccompanied personnel. 

LEGISLATIVE PROVISIONS ADOPTED

Authorized Army construction and land acquisition project (sec. 

2101) 

The House bill contained a provision (sec. 2101) that would authorize Army military construction projects in fiscal year 2006. 

The Senate amendment contained a similar provision (sec. 

2101). 

The conference agreement includes this provision. 

The amounts authorized are listed in this provision on an installation-by-installation basis. A State list of projects contained in 

the table at the beginning of Division B of this conference report 

entitled ‘‘Military Construction Authorization for Fiscal Year 2006’’

provides the binding list of specific construction projects authorized 

at each location. 

Family housing (sec. 2102) 

The House bill contained a provision (sec. 2102) that would authorize new construction and planning and design of family housing units for the Army in fiscal year 2006. 

The Senate amendment contained a similar provision (sec. 

2102). 

The conference agreement includes this provision. 

The amounts authorized are listed in this provision on an installation-by-installation basis. A State list of projects contained in 

the table at the beginning of Division B of this conference report 

entitled ‘‘Military Construction Authorization for Fiscal Year 2006’’

provides the binding list of specific construction projects authorized 

at each location. 

Improvements to military family housing units (sec. 2103) 

The House bill contained a provision (sec. 2103) that would authorize improvements to existing units of Army family housing in 

fiscal year 2006. 

The Senate amendment contained an identical provision (sec. 

2103). 

The conference agreement includes this provision. 

Authorization of appropriations, Army (sec. 2104) 

The House bill contained a provision (sec. 2104) that would authorize specific appropriations for each line item contained in the 

Army’s military construction budget in fiscal year 2006. This provision would also provide an overall limit on the amount the Army 

is authorized to spend on military construction projects in fiscal 

year 2006. 

The Senate amendment contained a similar provision (sec. 

2104). 

The conference agreement includes this provision. 


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853 

Modification of authority to carry out certain fiscal year 2004 

projects (sec. 2105) 

The House bill contained a provision (sec. 2105) that would 

amend the Military Construction Authorization Act for Fiscal Year 

2004 (division B of Public Law 108–136) to reduce the authorization level for construction at Vilseck, Germany to a level conforming to the requirement for appropriations. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Construction of battalion dining facilities, Fort Knox, Kentucky 

The Senate amendment contained a provision (sec. 2105) that 

would authorize the Secretary of the Army to carry out a project 

to construct a battalion dining facility at Fort Knox, Kentucky at 

a cost of $4.6 million. As an offset, the provision would reduce the 

authorization of appropriations for the Army by $3.6 million by rescinding the authorization contained in the Senate report accompanying S. 1042 (S. Rept. 109–69) of the National Defense Authorization Act for Fiscal Year 2006 to carry out a project to upgrade 

Ground Mobility Division Vehicle Maintenance Facility at Fort 

Knox, Kentucky at a cost of $8.2 million. 

The House bill contained no similar provision. 

The Senate recedes with a conference agreement that includes 

the project to construct a battalion dining facility at Fort Knox, 

Kentucky in the State list of projects contained in the table at the 

beginning of Division B of this conference report entitled ‘‘Military 

Construction Authorization for Fiscal Year 2006.’’

TITLE XXII—NAVY 

Overview 

The House bill would authorize appropriations for the Navy of 

$1,109.2 million for military construction and $807.6 million for 

family housing for fiscal year 2006. 

The Senate amendment would authorize appropriations for the 

Navy of $1,101.3 million for military construction and $815.8 million for family housing for fiscal year 2006. 

The conferees agree to authorize appropriations for the Navy 

of $1,157.1 million for military construction and $807.6 million for 

family housing for fiscal year 2006. 

The conferees agree to a request by the Department of the 

Navy to apply the authorization of appropriations totaling $8.7 million provided for a project to recapitalize the water treatment facility at Naval Air Station Pensacola, Florida towards an alternate 

agreement to obtain wastewater treatment services. 

LEGISLATIVE PROVISIONS ADOPTED

Authorized Navy construction and land acquisition projects (sec. 

2201) 

The House bill contained a provision (sec. 2201) that would authorize Navy military construction projects in fiscal year 2006. 


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854 

The Senate amendment contained a similar provision (sec. 

2201). 

The conference agreement includes this provision. 

The amounts authorized are listed in this provision on an installation-by-installation basis. A State list of projects contained in 

the table at the beginning of Division B of this conference report 

entitled ‘‘Military Construction Authorization for Fiscal Year 2006’’

provides the binding list of specific construction projects authorized 

at each location. 

Family housing (sec. 2202) 

The House bill contained a provision (sec. 2202) that would authorize new construction and planning and design of family housing units for the Navy in fiscal year 2006. 

The Senate amendment contained a similar provision (sec. 

2202). 

The conference agreement includes this provision. 

The amounts authorized are listed in this provision on an installation-by-installation basis. A State list of projects contained in 

the table at the beginning of Division B of this conference report 

entitled ‘‘Military Construction Authorizations for Fiscal Year 

2006’’ provides the binding list of specific construction projects authorized at each location. 

Improvements to military family housing units (sec. 2203) 

The House bill contained a provision (sec. 2203) that would authorize improvements to existing units of Navy family housing in 

fiscal year 2006. 

The Senate amendment contained an identical provision (sec. 

2203). 

The conference agreement includes this provision. 

Authorization of appropriations, Navy (sec. 2204) 

The House bill contained a provision (sec. 2204) that would authorize specific appropriations for each line item contained in the 

Navy’s military construction budget in fiscal year 2006. This provision would also provide an overall limit on the amount the Navy 

is authorized to spend on military construction projects in fiscal 

year 2006. 

The Senate amendment contained a similar provision (sec. 

2204). 

The conference agreement includes this provision. 

Modification of authority to carry out certain fiscal year 2004 

project (sec. 2205) 

The House bill contained a provision (sec. 2205) that would 

amend the Military Construction Authorization Act for Fiscal Year 

2004 (division B of Public Law 108–136) to increase the authorization level for a pier at Naval Weapons Station, Earle, New Jersey. 

The Senate amendment contained an identical provision (sec. 

2206). 

The conference agreement includes this provision. 


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855 

Modifications of authority to carry out certain fiscal year 2005 

projects (sec. 2206) 

The House bill contained a provision (sec. 2206) that would 

amend the Military Construction Authorization Act for Fiscal Year 

2005 (division B of Public Law 108–375) to provide full authorization of a naval laboratory consolidation project at Strategic Weapons Facility Pacific, Bangor, Washington. The provision would also 

increase the level authorized for a presidential helicopter program 

support facility at Marine Corps Air Field, Quantico, Virginia. 

The Senate amendment contained a provision (sec. 2205) that 

would amend section 2201 of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108–375) 

to increase project authorizations at an unspecified worldwide location and at Quantico, Virginia. 

The Senate recedes with a technical amendment. 

TITLE XXIII—AIR FORCE 

Overview 

The House bill would authorize appropriations for the Air 

Force of $1,175.2 million for military construction and $1,991.5 million for family housing for fiscal year 2006. 

The Senate amendment would authorize appropriations for the 

Air Force of $1,198.3 million for military construction and $1,909.6 

million for family housing for fiscal year 2006. 

The conferees agree to authorize appropriations for the Air 

Force of $1,288.5 million for military construction and $1,868.8 million for family housing for fiscal year 2006. 

LEGISLATIVE PROVISIONS ADOPTED

Authorized Air Force construction and land acquisition projects 

(sec. 2301) 

The House bill contained a provision (sec. 2301) that would authorize Air Force military construction projects in fiscal year 2006. 

The Senate amendment contained a similar provision (sec. 

2301). 

The conference agreement includes this provision. 

The amounts authorized are listed in this provision on an installation-by-installation basis. A State list of projects contained in 

the table at the beginning of Division B of this conference report 

entitled ‘‘Military Construction Authorization for Fiscal Year 2006’’

provides the binding list of specific construction projects authorized 

at each location. 

Family housing (sec. 2302) 

The House bill contained a provision (sec. 2302) that would authorize new construction and planning and design of family housing units for the Air Force in fiscal year 2006. 

The Senate amendment contained a similar provision (sec. 

2302). 

The conference agreement includes this provision. 

The amounts authorized are listed in this provision on an installation-by-installation basis. A State list of projects contained in 


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856 

the table at the beginning of Division B of this conference report 

entitled ‘‘Military Construction Authorization for Fiscal Year 2006’’

provides the binding list of specific construction projects authorized 

at each location. 

Improvements to military family housing units (sec. 2303) 

The House bill contained a provision (sec. 2303) that would authorize improvements to existing units of Air Force family housing 

in fiscal year 2006. 

The Senate amendment contained an identical provision (sec. 

2303). 

The conference agreement includes a similar provision. 

Authorization of appropriations, Air Force (sec. 2304) 

The House bill contained a provision (sec. 2304) that would authorize specific appropriations for each line item contained in the 

Air Force’s military construction budget in fiscal year 2006. This 

provision would also provide an overall limit on the amount the Air 

Force is authorized to spend on military construction projects in fiscal year 2006. 

The Senate amendment contained a similar provision (sec. 

2304). 

The conference agreement includes this provision. 

TITLE XXIV—DEFENSE AGENCIES 

Overview 

The House bill would authorize appropriations for the defense 

agencies of $976.7 million for military construction and $48.9 million for family housing for fiscal year 2006. In addition, the House 

bill would authorize appropriations of $377.8 million for prior Base 

Realignment and Closure (BRAC) round activities and $1,570.5 

million for the 2005 BRAC round activities for fiscal year 2006. 

The Senate amendment would authorize appropriations for the 

defense agencies of $1,042.7 million for military construction and 

$48.9 million for family housing for fiscal year 2006. In addition, 

the Senate amendment would authorize appropriations of $377.8 

million for prior BRAC round activities and $1,504.5 million for 

2005 BRAC round activities for fiscal year 2006. 

The conferees agree to authorize appropriations for the defense 

agencies of $1,008.9 million for military construction, $48.9 million 

for family housing, and $1,504.5 million for 2005 BRAC round activities for fiscal year 2006. In addition, the conferees authorize appropriations of $254.8 million for prior BRAC round activities, taking into account a greater amount of proceeds received by the Department of the Navy for land disposals compared to the amounts 

forecasted in the budget request for fiscal year 2006. 

The conferees note that of the amount authorized to the National Security Agency (NSA) for Kunia, Hawaii in section 2401(a) 

of this Act, $98.7 million has been set aside for this requirement 

from prior year appropriations outside the military construction account, which is included in the amount specified in section 

2403(b)(3) of this Act. The conferees agree to authorize the total requirement, and direct the Secretary of Defense to submit to the 


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congressional defense committees a plan for the funding for this requirement within the justification documents accompanying the annual budget request for fiscal year 2007. The conferees direct the 

NSA to adhere to standard Department of Defense procedures for 

budgeting military construction projects in future budget requests. 

The conference agreement includes authorization of certain requirements at a cost that will result in complete and useable facilities, while providing authorization of appropriations incrementally 

over more than one fiscal year. The conferees note that incremental 

funding of projects is acceptable when the total estimated cost of 

a military construction or family housing project exceeds $50.0 million. 

LEGISLATIVE PROVISIONS ADOPTED

Authorized Defense Agencies construction and land acquisition 

projects (sec. 2401) 

The House bill contained a provision (sec. 2401) that would authorize defense agencies military construction projects in fiscal year 

2006. 

The Senate amendment contained a similar provision (sec. 

2401). 

The conference agreement includes this provision. 

The amounts authorized are listed in this provision on an installation-by-installation basis. A State list of projects contained in 

the table at the beginning of Division B of this conference report 

entitled ‘‘Military Construction Authorization for Fiscal Year 2006’’

provides the binding list of specific construction projects authorized 

at each location. 

Energy conservation projects (sec. 2402) 

The House bill contained a provision (sec. 2402) that would authorize the Secretary of Defense to carry out energy conservation 

projects. 

The Senate amendment contained a similar provision (sec. 

2402). 

The Senate recedes. 

Authorization of appropriations, Defense Agencies (sec. 2403) 

The House bill contained a provision (sec. 2403) that would authorize specific appropriations for each line item contained in the 

defense agencies’ military construction budget in fiscal year 2006. 

This provision would also provide an overall limit on the amount 

the defense agencies are authorized to spend on military construction projects in fiscal year 2006. 

The Senate amendment contained a similar provision (sec. 

2403). 

The conference agreement includes this provision. 


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858 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM 

Overview 

The House bill and Senate amendment would each authorize 

appropriations of $206.9 million for the North Atlantic Treaty Organization (NATO) Security Investment program for fiscal year 

2006. 

The conferees agree to authorize appropriations of $206.9 million for the NATO Security Investment program for fiscal year 

2006. 

LEGISLATIVE PROVISIONS ADOPTED

Authorized NATO construction and land acquisition projects (sec. 

2501) 

The House bill contained a provision (sec. 2501) that would authorize the Secretary of Defense to make contributions to the North 

Atlantic Treaty Organization Security Investment program in an 

amount equal to the sum of the amount specifically authorized 

elsewhere in this conference report, and the amount of recoupment 

due to the United States for construction previously financed by 

the United States. 

The Senate amendment contained an identical provision (sec. 

2501). 

The conference agreement includes this provision. 

Authorization of appropriations, NATO (sec. 2502) 

The House bill contained a provision (sec. 2502) that would authorize appropriations of $206.9 million for the U.S. contribution to 

the North Atlantic Treaty Organization Security Investment program. 

The Senate amendment contained an identical provision (sec. 

2502). 

The conference agreement includes this provision. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Overview 

The House bill would authorize appropriations of $930.8 million for military construction and land acquisition for fiscal year 

2006 for the Guard and Reserve components. 

The Senate amendment would authorize appropriations of 

$961.2 million for military construction and land acquisition for fiscal year 2006 for the Guard and Reserve components. 

The conferees agree to authorize appropriations of $1,144.6 

million for military construction and land acquisition for fiscal year 

2006 for the Guard and Reserve components. This authorization 

would be distributed as follows: 

Reserve Component $ (millions) 

Army National Guard ..................................................................................... 523.2 

Air National Guard ......................................................................................... 316.1 

Army Reserve ................................................................................................... 152.6 

Naval and Marine Corps Reserve .................................................................. 46.9 


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Reserve Component $ (millions) 

Air Force Reserve ............................................................................................ 105.9 

Total ................................................................................................... 1,144.7 

LEGISLATIVE PROVISIONS ADOPTED

Authorized Guard and Reserve construction and land acquisition 

projects (sec. 2601) 

The House bill contained a provision (sec. 2601) that would authorize appropriations for military construction for the Guard and 

reserve components in fiscal year 2006. 

The Senate amendment contained a similar provision (sec. 

2601). 

The conference agreement includes this provision. 

A State list of projects contained in the table at the beginning 

of Division B of this conference report entitled ‘‘Military Construction Authorization for Fiscal Year 2006’’ provides the binding list 

of specific construction projects authorized at each location. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Construction of facilities, New Castle County Airport Air Guard 

Base, Delaware 

The Senate amendment contained a provision (sec. 2603) that 

would authorize certain amounts appropriated for the Department 

of the Air Force for the Air National Guard in section 2601(3)(A) 

of this Act to be available for the construction of a security forces 

facility and a medical training facility at New Castle County Airport Air Guard Base, Delaware. 

The House bill contained no similar provision. 

The Senate recedes with a conference agreement that includes 

the projects to construct a security forces facility and a medical 

training facility at New Castle County Airport Air Guard Base, 

Delaware, in the State list of projects contained in the table at the 

beginning of Division B of this conference report entitled ‘‘Military 

Construction Authorization for Fiscal Year 2006’’. 

Construction of maintenance hangar, New Castle County Airport 

Air Guard Base, Delaware 

The Senate amendment contained a provision (sec. 2604) that 

would increase by $1.4 million the amount authorized to be appropriated for the Department of the Air Force for the Air National 

Guard in section 2601(3)(A) of this Act to be available to carry out 

the planning and design of a project to replace a C–130 aircraft 

maintenance hangar at Air National Guard New Castle County 

Airport, Delaware. The provision would also provide for an offset 

of the same amount. 

The House bill contained no similar provision. 

The Senate recedes with a conference agreement that includes 

funds to carry out the planning and design of a project to replace 

a C–130 aircraft maintenance hangar at Air National Guard New 

Castle County Airport, Delaware in the State list of projects contained in the table at the beginning of Division B of this conference 


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report entitled ‘‘Military Construction Authorization for Fiscal Year 

2006’’. 

National Guard construction projects 

The Senate amendment contained a provision (sec. 2605) that 

would increase by $4.5 million the amount authorized to be appropriated for the Department of the Army for the Army National 

Guard in section 2601(3)(A) of this Act to be available to carry out 

the construction of a readiness center at Camp Dawson, West Virginia. As an offset, this provision would decrease by $4.5 million 

the amount authorized to be appropriated by section 2601(3)(A) for 

the Department of the Air Force for the Air National Guard of the 

United States. The provision would also rescind from the Secretary 

of the Air Force project authorization of $6.5 million to construct 

a bridge/gate house/force protection entry project at Camp Yeager, 

West Virginia, and would authorize instead C–5 aircraft shop upgrades at Eastern West Virginia Regional Airport, Shepherd Field, 

Martinsburg, West Virginia at a cost of $2.0 million. 

The House bill contained no similar provision. 

The Senate recedes with a conference agreement that includes 

the projects to construct a readiness center at Camp Dawson, West 

Virginia, and C–5 aircraft shop upgrades at Eastern West Virginia 

Regional Airport, Shepherd Field, Martinsburg, West Virginia, in 

the State list of projects contained in the table at the beginning of 

Division B of this conference report entitled ‘‘Military Construction 

Authorization for Fiscal Year 2006’’. 

Specific authorized Army National Guard construction projects 

The Senate amendment contained a provision (sec. 2602) that 

would authorize certain amounts appropriated for the Department 

of the Army for the Army National Guard in section 2601(3)(A) of 

this Act to be available for the construction of an urban combat 

course at Camp Roberts, California and a field maintenance shop 

at Fort Dodge, Iowa. 

The House bill contained no similar provision. 

The Senate recedes with a conference agreement that includes 

the projects to construct an urban combat course at Camp Roberts, 

California and a field maintenance shop at Fort Dodge, Iowa, in 

the State list of projects contained in the table at the beginning of 

Division B of this conference report entitled ‘‘Military Construction 

Authorization for Fiscal Year 2006’’. 

TITLE XXVII—EXPIRATION AND EXTENSION OF 

AUTHORIZATIONS 

LEGISLATIVE PROVISIONS ADOPTED

Expiration of authorizations and amounts required to be specified 

by law (sec. 2701) 

The House bill contained a provision (sec. 2701) that would 

provide that authorizations for military construction projects, repair of real property, land acquisition, family housing projects and 

facilities, contributions to the North Atlantic Treaty Organization 

Security Investment program, and National Guard and reserve 


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861 

projects will expire on October 1, 2008, or the date of enactment 

of an act authorizing funds for military construction for fiscal year 

2009, whichever is later. This requirement would not apply to 

funds obligated prior to the expiration date. 

The Senate amendment contained an identical provision (sec. 

2701). 

The conference agreement includes this provision. 

Extension of authorizations of certain fiscal year 2003 projects (sec. 

2702) 

The House bill contained a provision (sec. 2702) that would 

provide for the extension of authorizations of certain fiscal year 

2003 military construction project until October 1, 2006, or the date 

of enactment of an act authorizing funds for military construction 

for fiscal year 2007, whichever is later. 

The Senate amendment contained a similar provision (sec. 

2702). 

The conference agreement includes this provision. 

Extension of authorizations of certain fiscal year 2002 projects (sec. 

2703) 

The House bill contained a provision (sec. 2703) that would 

provide for the extension of authorizations of certain fiscal year 

2002 military construction projects until October 1, 2006, or the 

date of enactment of an act authorizing funds for military construction for fiscal year 2007, whichever is later. 

The Senate amendment contained a similar provision (sec. 

2703). 

The conference agreement includes this provision. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Effective date 

The House bill contained a provision (sec. 2704) that would 

provide that titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of this 

Act shall take effect on October 1, 2005, or the date of enactment 

of this Act, whichever is later. 

The Senate amendment contained an identical provision (sec. 

2704). 

Because the conference report was not adopted prior to October 

1, 2005, this provision is no longer required and was not included 

in the conference agreement. 

TITLE XXVIII—GENERAL PROVISIONS 

ITEMS OF SPECIAL INTEREST

Joint urban operations training facilities 

The conferees note that on November 10, 2005, the Under Secretary of Defense for Personnel and Readiness (OUSD (P&R)) submitted the report requested by the Senate Committee on Armed 

Services three years ago on Department of Defense requirements 

for military operations in urban terrain (MOUT) training facilities. 

The Department reported that it had established a Joint 

Urban Training Working Group under Joint Forces Command to 


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862 

identify requirements and a Joint Urban Operations Training Review Group to prioritize budget requests for Joint Urban Operations facilities and capabilities. 

The conferees commend the Department for establishing these 

new joint policy groups. However, the conferees are concerned that 

it has taken three years to do so and agree with the Department’s 

report that ‘‘much more needs to be done.’’ The conferees are disappointed that, despite the efforts of the Department to date, the 

Department has yet to establish a strategy for urban operations 

training, a requirements baseline, or to prioritize MOUT projects 

and capabilities across the Department in its budget requests. 

The conferees further note that on December 8, 2005, the Government Accountability Office (GAO) released its assessment of 

this effort and stated that ‘‘Since 2002, the Department has made 

limited progress in developing an overall joint strategy for urban 

operations training and related facility and training requirements’’. 

The GAO review found that the Department still lacks an agreed 

strategy, and facility and training requirements for joint urban operations training, and that there are few opportunities today for 

truly joint training under joint headquarters, despite longstanding 

Department policy that forces train as they fight. 

The conferees urge the Department, in particular (OUSD 

(P&R)) and Joint Forces Command, to develop as soon as possible 

a joint training strategy for urban operations that will allow the 

total force to make the best possible use of existing and planned 

MOUT facilities to improve joint and interagency capabilities in 

this critical area; to develop a requirements baseline for MOUT facilities based on that strategy; and to assess and prioritize the 

MOUT projects requested by the services or Special Operations 

Command in the fiscal year 2007 budget, and in future budget requests, against this baseline, in order to eliminate unnecessary duplication of facilities. 

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Military Construction Program and Military Family 

Housing Changes 

Modification of congressional notification requirements for certain 

military construction activities (sec. 2801) 

The House bill contained a provision (sec. 2801) that would reduce by 7 days the wait periods for electronic notifications to Congress for certain acquisitions in lieu of construction and contingency construction projects. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Increase in number of family housing units in Korea authorized for 

lease by the Army at maximum amount (sec. 2802) 

The Senate amendment contained a provision (sec. 2807) that 

would increase from 2,400 to 2,800 the number of family housing 

units the Secretary of the Army may lease in Korea using the authority in section 2828 (e)(4) of title 10, United States Code. 

The House bill contained no similar provision. 


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863 

The House recedes. 

Improvement in availability and timeliness of Department of Defense information regarding military construction and family 

housing accounts and activities (sec. 2803) 

The House bill contained a provision (sec. 2802) that would require the Secretary of Defense to establish and make available to 

Congress an Internet-based system containing regularly updated 

information on the status of all defense agency and service military 

construction and family housing projects as well as operations, 

maintenance, and other support accounts authorized by the annual 

Military Construction Authorization Act. 

The Senate amendment contained no similar provision. 

The Senate recedes with a clarifying amendment. 

The conferees intend for this provision to facilitate the business transformation and financial management reform initiatives 

established by the Department of Defense to improve the transparency and real-time access to the Department’s cost accounting 

and contract management information using state-of-the-art technology and web-based software programs. The conferees expect that 

increased oversight of construction contract information will result 

in a greater degree of diligence in the management of contract cost 

growth and a more efficient use of taxpayer dollars. The conferees 

encourage the Secretary to make the information required by this 

provision available on the Department’s website. 

Modification of cost variation authority (sec. 2804) 

The Senate amendment contained a provision (sec. 2802) that 

would amend section 2853 of title 10, United States Code, to clarify 

that the cost of a military construction project or a project for the 

construction, improvement, or acquisition of a military family housing cannot be decreased or increased by more than 25 percent. 

The House bill contained no similar provision. 

The House recedes. 

Inapplicability to child development centers of restriction on authority to acquire or construct ancillary supporting facilities (sec. 

2805) 

The Senate amendment contained a provision (sec. 2805) that 

would amend section 2881(b) of title 10, United States Code, to exempt child development centers from the restriction for ancillary 

facilities authorized to be constructed using the alternative authority for acquisition and improvements of military housing provided 

in subchapter IV of chapter 169, title 10, United States Code. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment that would 

prohibit a service secretary from entering into an agreement under 

the alternative authority for acquisition and improvements of military housing with a private entity to operate child development 

centers in competition with Department of Defense activities at the 

installation. 


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Department of Defense housing funds (sec. 2806) 

The Senate amendment contained a provision (sec. 2803) that 

would amend section 2883 of title 10, United States Code, to require the Secretary of Defense to fund certain acquisitions and improvements of military housing solely through accounts established 

for that purpose. 

The House bill contained no similar provision. 

The House recedes. 

Use of design-build selection procedures to accelerate design effort 

in connection with military construction projects (sec. 2807) 

The conferees agree to a provision that would amend section 

2305a(f) of title 10, United States Code, to clarify the conditions required for the Secretary of a military service to terminate a contract issued under this authority for the convenience of the government. The provision would also extend by one year the termination 

date for the temporary authority. 

Acquisition of associated utilities, equipment, and furnishings in reserve component facility exchange (sec. 2808) 

The Senate amendment contained a provision (sec. 2806) that 

would amend section 18240 of title 10, United States Code, to 

amend the definition of ‘‘facility’’ in section 18240 to include utilities, equipment, and furnishings required to be installed in a facility. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment. 

One-year extension of temporary, limited authority to use operation 

and maintenance funds for construction projects outside the 

United States (sec. 2809) 

The House bill contained a provision (sec. 2805) that would extend the authority provided by section 2808 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136) 

for 1 year and amend the reporting requirement for the authority. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would decrease 

the annual limitation on the use of this temporary authority to 

$100.0 million. 

Temporary program to use minor military construction authority for 

construction of child development centers (sec. 2810) 

The Senate amendment contained a provision (sec. 2804) that 

would direct the Secretary of Defense to carry out a temporary program for the construction of child development centers operated by 

the Department of Defense. This provision would increase thresholds in section 2805(a)(1) of title 10, United States Code, to facilitate the construction of child development centers. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 


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General and flag officers quarters in the National Capital Region 

(sec. 2811) 

The House bill contained a provision (sec. 2804) that would 

prohibit the use of fiscal year 2006 funds for the operation, maintenance, or repair of housing units for general and flag officers in the 

National Capital Region until receipt of a report on the need for 

general and flag officer (GFO) housing in the National Capital Region (NCR). 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would direct the 

secretary of each military service to submit a report by March 16, 

2006, on the inventory and management of GFO housing in the 

NCR. 

The conferees note that the report submitted by the Secretary 

of Defense to Congress on June 3, 2005, in response to section 2802 

of the Ronald W. Reagan National Defense Authorization Act for 

Fiscal Year 2005 (Public Law 108–375) did not satisfy the intent 

of the conferees. The conferees intend for the secretary of each military department to submit a report containing an analytical assessment of requirements for general and flag officer housing in the 

National Capital Region, including unique force protection concerns, the potential to rely on the local commercial real estate market, and possible alternate methods for the acquisition, operations, 

and maintenance of GFO houses. These assessments should not 

rely upon the presumption that the existing inventory of government-owned housing units must be retained. The conferees expect 

that the reports will provide a basis for further deliberations to address GFO housing requirements over the long-term, while reducing costs associated with these units. 

Subtitle B—Real Property and Facilities Administration 

Consolidation of Department of Defense land acquisition authorities 

and limitations on use of such authorities (sec. 2821) 

The House bill contained a provision (sec. 2811) that would 

consolidate provisions of chapter 159 of title 10, United States 

Code, which govern the acquisition of land by the Department of 

Defense, and make several technical corrections. 

The Senate amendment contained a similar provision (sec. 

2881) 

The Senate recedes with a technical amendment. 

Modification of authorities on agreements to limit encroachments 

and other constraints on military training, testing, and operations (sec. 2822) 

The Senate amendment contained a provision (sec. 2822) that 

would modify section 2684a of title 10, United States Code, to clarify that agreements to limit encroachments and other constraints 

on military training, testing, and operations authorized under that 

section may include real property that is in the vicinity of, or ecologically related to, a military installation or the airspace of such 

installation. The provision would require that agreements authorized under that section between the Secretary of Defense, or the 

service secretaries, and eligible third party entities provide for 


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equal sharing of the acquisition costs of the real property and real 

property interests between the Department of Defense and the 

partner entities. The Senate provision would allow the Secretary 

concerned to waive the requirement for equal sharing of the acquisition costs if the Secretary concerned determined that the agreement is essential to accomplish the mission of the installation and 

the Secretary concerned provided 21-days advance notice to Congress. The Senate provision would provide that the acquisition cost 

of any lesser interest in real property would not exceed 70 percent 

of the appraised value of the property. The Senate provision would 

also include an annual reporting requirement on implementation of 

projects undertaken pursuant to this authority. 

The House bill contained no similar provision. 

The House recedes with an amendment that would require the 

Secretary concerned to determine the appropriate portion of the acquisition costs to be borne by the United States. The conference 

amendment would also provide that the acquisition costs borne by 

the United States would not exceed the fair market value of the 

property interest that could be transferred to the United States 

upon the request of the Secretary concerned under the statute. The 

conference amendment would specify that the contribution of thirdparty entities to the acquisition costs would include, with the approval of the Secretary concerned, any combination of the following: 

the provision of funds (including funds received by such entity or 

entities from a federal, state, or local agency outside the Department in connection with a federal, state, or local program); the provision of in-kind services (including services related to the acquisition or maintenance of such real property or interest in real property); or the exchange or donation of real property or any interest 

in real property. The amendment would also require a report not 

later than March 1, 2007, and annually thereafter, on the projects 

undertaken pursuant to this authority. 

Modification of utility system conveyance authority and related reporting requirements (sec. 2823) 

The House bill contained a provision (sec. 2812) that would 

suspend the use of current authorities related to the privatization 

of utility systems until enactment of the National Defense Authorization Act for Fiscal Year 2007, or one year after receipt of a report on the program, whichever is later. The provision would require the Secretary of Defense to submit a report to Congress by 

March 15, 2006, on the Department of Defense’s (DOD) methodology for conducting economic analyses of potential utility system 

conveyances and other matters. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

Secretary concerned to submit to Congress an economic analysis 

which demonstrates the economic benefit of the conveyance to the 

government, before entering into a contract for the conveyance of 

all or part of a utility system. The amendment would amend section 2688(c)(1) of Title 10, United States Code, to change the requirement for the Secretary concerned to receive fair market value 

for conveyed utility systems. The amendment would also limit the 

contract term for a contract to convey utility systems to 10 years, 


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867 

and would provide authorization for the Secretary concerned to exceed 10 years, but not to exceed 50 years, if the Secretary concerned determined the longer term to be cost effective as demonstrated in the economic analysis. The amendment would also 

limit in fiscal years 2006 and 2007 the number of contracts to be 

entered into under Section 2688 of Title 10, United States Code. 

The amendment would also amend reporting requirements contained in the provision in the House bill and would add a requirement for the Government Accountability Office to submit to the 

congressional defense committees by August 1, 2006 a report evaluating the changes made by the Department of Defense in the management of the utilities privatization program. 

Report on application of force protection and anti-terrorism standards to leased facilities (sec. 2824) 

The Senate amendment contained a provision (sec. 2882) that 

would require the Secretary of Defense to submit a report to the 

congressional defense committees no later than May 1, 2006, on the 

application of Department of Defense anti-terrorism/force protection standards to all facilities leased by the Department, or leased 

by the General Services Administration on the Department’s behalf, that house more than 11 personnel in service to, or employed 

by the Department. 

The House bill contained no similar provision. 

The House recedes with an amendment that would change the 

date that the Secretary is required to submit the report to the congressional defense committees to September 30, 2006. 

Report on use of ground source heat pumps at Department of Defense facilities (sec. 2825) 

The Senate amendment contained a provision (sec. 2887) that 

would require the Secretary of Defense to conduct a study on the 

feasibility of the use of ground source heat pumps in current and 

future Department of Defense facilities. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment. 

Subtitle C—Base Closure and Realignment 

Additional reporting requirements regarding base closure process 

and use of Department of Defense base closure accounts (sec. 

2831) 

The House bill contained a provision (sec. 2821) that would 

amend reporting requirements contained in the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public 

Law 101–510) to require additional information relating to base realignment and closure properties and proposed budgets as part of 

the annual budget justification documents. 

The Senate amendment contained no similar provision. 

The Senate recedes. 


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Expanded availability of adjustment and diversification assistance 

for communities adversely affected by mission realignments in 

base closure process (sec. 2832) 

The House bill contained a provision (sec. 2823) that would 

amend section 2391 of title 10, United States Code, to eliminate 

limits on the Secretary of Defense’s authority to aid communities 

adversely affected by base realignments and closures and other defense program changes. 

The Senate amendment contained no similar provision. 

The Senate recedes with a clarifying amendment. 

Treatment of Indian Tribal Governments as public entities for purposes of disposal of real property recommended for closure in 

July 1993 BRAC Commission Report (sec. 2833) 

The Senate amendment contained a provision (sec. 2888) that 

would amend section 8013 of the Department of Defense Appropriations Act, 1994 (Public Law 103–139) to provide that the governments of Indian tribes be treated as State and local governments for purposes of the disposition of real property recommended 

for closure in the report to the President from the 1993 Defense 

Base Closure and Realignment Commission. 

The House bill contained no similar provision. 

The House recedes. 

Termination of project authorizations for military installations approved for closure in 2005 round of base realignments and closures (sec. 2834) 

The House bill contained a provision (sec. 2822) that would 

cancel authority for any military construction project, land acquisition, or family housing project authorized in this or any prior military construction authorization act at a facility approved for closure 

in the 2005 Base Realignment and Closure round. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would add certain exceptions to the cancellation of authority, and require the 

Secretary of Defense to notify the congressional defense committees 

of a decision to carry out a project as an exception. 

Required consultation with State and local entities on issues related 

to increase in number of military personnel at military installations (sec. 2835) 

The Senate amendment contained a provision (sec. 2891) that 

would require the Secretary of Defense to consult with appropriate 

State and local entities on matters affecting the local community 

related to transportation, utility infrastructure, housing, schools, 

and family support activities during the development of plans to 

implement a closure or realignment decisions, which would result 

in the addition of personnel to the installation. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment. 


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869 

Sense of Congress regarding infrastructure and installation requirements for transfer of units and personnel from closed and realigned military installations to receiving locations (sec. 2836) 

The Senate amendment contained a provision (sec. 2894) that 

would express the sense of Congress that the Secretary of Defense 

should not transfer any unit from an installation impacted by a closure or realignment decision until adequate facilities and infrastructure necessary to support the unit’s mission and quality of life 

requirements for military families are ready for use at the receiving location. 

The House bill contained no similar provision. 

The House recedes with an amendment that would clarify the 

findings to reflect the conference agreement. 

Defense access road program and military installations affected by 

Defense Base Closure and Realignment process or Integrated 

Global Presence and Basing Strategy (sec. 2837) 

The conferees agree to a provision that would express the 

sense of Congress that roads leading onto military installations 

that are significantly impacted by an increase in defense personnel 

as result of certain force structure realignments should be considered for designation under the Defense Access Road Program under 

section 210 of title 23, United States Code. The provision would 

also require the Secretary of Defense to conduct a study to identify 

each installation significantly impacted by an increase in personnel, and to determine whether the existing surface transportation infrastructure at each installation is adequate to support the 

increased vehicular traffic associated with the increase in defense 

personnel. The provision would also require the Secretary of Defense to submit to the congressional defense committees by April 

15, 2007 a report on the study required by this provision. 

Sense of Congress on reversionary interests involving real property 

at Navy homeports (sec. 2838) 

The Senate amendment contained a provision (sec. 2892) that 

would express the sense of the Senate that for Navy homeports 

closed under the 2005 Defense Base Closure and Realignment 

round, the Secretary of the Navy should, consistent with the national interest and federal policy supporting cost-free conveyances 

of federal surplus property suitable for use as port facilities, release 

or otherwise relinquish any entitlement to receive compensation 

from any holder of a reversionary interest in real property used by 

the United States for improvements made to any military installation. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment. 

Subtitle D—Land Conveyances 

PART I—ARMY CONVEYANCES

Land conveyance, Camp Navajo, Arizona (sec. 2841) 

The conferees agree to a provision that would authorize the 

Secretary of the Army to convey, without consideration, to the DeVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00897 Fmt 6601 Sfmt 6602 E:\HR\OC\HR360.XXX HR360

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870 

partment of Veterans Affairs of the State of Arizona a parcel of 

property consisting of approximately 80 acres at Camp Navajo, Arizona for the purpose of permitting the Department of Veterans Affairs to establish a State-run cemetery for veterans. 

Land conveyance, Iowa Army Ammunition Plant, Middletown, Iowa 

(sec. 2842) 

The Senate amendment contained a provision (sec. 2843) that 

would authorize the Secretary of the Army to convey, for consideration, to the City of Middletown, Iowa a parcel of real property consisting of approximately 1 acre located at the Iowa Army Ammunition Plant for the purpose of economic development. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment. 

Land conveyance, Helena, Montana (sec. 2843) 

The Senate amendment contained a provision (sec. 2841) that 

would authorize the Secretary of the Army to convey by quitclaim 

deed to the Helena Indian Alliance a parcel of property consisting 

of approximately 3 acres located at the Sheridan Hall Army Reserve Center, Helena, Montana for the purpose of supporting Native American health care, mental health counseling, and the operation of an educational training center. 

The House bill contained no similar provision. 

The House recedes with an amendment that would rescind the 

requirement for the Secretary to convey the property by quitclaim 

deed. 

Lease authority, Army Heritage and Education Center, Carlisle, 

Pennsylvania (sec. 2844) 

The House bill contained a provision (sec. 2861) that would authorize the Secretary of the Army to lease portions of the Army 

Heritage and Education Center, Carlisle, Pennsylvania to the Military Heritage Foundation for revenue-generating activities and 

other purposes. As consideration, the foundation would pay 

amounts not to exceed the costs of operation of the facility. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Land exchange, Fort Hood, Texas (sec. 2845) 

The conferees agree to a provision that would authorize the 

Secretary of the Army to convey, with consideration, to Central 

Texas College, a parcel of property consisting of approximately 40 

acres at Fort Hood, Texas for the purpose of expanding the College’s campus. In exchange, the Secretary would receive one or 

more parcels of real property of a value at least equal to that of 

the parcel conveyed to Central Texas College. 

Modification of land conveyance, Engineer Proving Ground, Fort 

Belvoir, Virginia (sec. 2846) 

The House bill contained a provision (sec. 2831) that would 

amend section 2836 of the Military Construction Authorization Act 

for Fiscal Year 2002 (division B of Public Law 107–107) to change 


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the type of facility received by the Army as part of an exchange related to construction of the Fairfax County Parkway Extension. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Land conveyance, Fort Belvoir, Virginia (sec. 2847) 

The conferees agree to a provision that would authorize the 

Secretary of the Army to convey, with consideration, to the Commonwealth of Virginia, up to three parcels of property consisting of 

approximately 2.5 acres at Fort Belvoir, Virginia for the purpose of 

allowing the Commonwealth, the National Trust for Historic Preservation, and Fairfax County, Virginia to enter into an agreement 

regarding the exchange of a separate parcel of real property currently controlled by the National Trust. 

Land conveyance, Army Reserve Center, Bothell, Washington (sec. 

2848) 

The House bill contained a provision (sec. 2832) that would authorize the Secretary of the Army to convey, for consideration, to 

the Snohomish County Fire Protection District #10 approximately 

1 acre at the Army Reserve Center in Bothell, Washington for the 

purpose of supporting the provision of fire and emergency medical 

aid services. 

The Senate amendment contained a similar provision (sec. 

2842). 

The Senate recedes with a clarifying amendment. 

The conferees encourage the Secretary of the Army to seek inkind consideration consisting of an agreement for the Fire Protection District #10 to provide fire protection services for Army Reserve facilities. 

PART II—NAVY CONVEYANCES

Land conveyance, Marine Corps Air Station, Miramar, San Diego, 

California (sec. 2851) 

The House bill contained a provision (sec. 2841) that would authorize the Secretary of the Navy to convey approximately 230 

acres along the eastern boundary of Marine Corps Air Station 

Miramar, California to the County of San Diego, California for the 

purpose of permitting the county to preserve the property as open 

space and reopen the tract known as the Stowe Trail to public use. 

In exchange, the Navy would receive in-kind consideration equal to 

not less than the fair market value of the conveyed property. 

The Senate amendment contained a similar provision (sec. 

2851). 

The Senate recedes with an amendment that would clarify the 

purpose of the conveyance and the types of the in-kind consideration to be received by the Secretary. 

Lease or license of United States Navy Museum facilities at Washington Navy Yard, District of Columbia (sec. 2852) 

The Senate amendment contained a provision (sec. 2852) that 

would authorize the Secretary of the Navy to lease or license facilities housing the United States Navy Museum, District of Columbia 


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872 

to the Naval Historical Foundation for revenue-generating activities and other purposes. As consideration, the foundation would 

pay amounts not to exceed the costs of operation of the facility. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment. 

PART III—AIR FORCE CONVEYANCES

Purchase of build-to-lease family housing, Eielson Air Force Base, 

Alaska (sec. 2861) 

The House bill contained a provision (sec. 2851) that would authorize the Secretary of the Air Force to purchase the interest of 

the developer of a 300-unit military family housing project at 

Eielson Air Force Base, Alaska. 

The Senate amendment contained a similiar provision (sec. 

2861). 

The conference agreement includes this provision with a technical amendment. 

Land conveyance, Air Force property, Jacksonville, Arkansas (sec. 

2862) 

The House bill contained a provision (sec. 2852) that would authorize the Secretary of the Air Force to convey, for consideration, 

approximately 45 acres around an existing railroad in Jacksonville, 

Arkansas for the purpose of facilitating railroad access to an industrial park. 

The Senate amendment contained no similar provision. 

The Senate recedes with a clarifying amendment. 

Land conveyance, Air Force property, La Junta, Colorado (sec. 

2863) 

The Senate amendment contained a provision (sec. 2862) that 

would authorize the Secretary of the Air Force to convey, without 

consideration, to the City of La Junta, Colorado a parcel of real 

property consisting of approximately 8 acres located at the USA 

Bomb Plot in the La Junta Industrial Park for the purpose of training local law enforcement officers. 

The House bill contained no similar provision. 

The House recedes. 

Lease, National Imagery and Mapping Agency site, St. Louis, Missouri (sec. 2864) 

The conferees agree to a provision that would direct the Secretary of the Air Force, in consultation with the Administrator of 

the General Services Administration, to lease not later than February 28, 2006 to the St. Louis County Port Authority of St. Louis 

County, Missouri a parcel of property consisting of approximately 

39 acres at the National Imagery and Mapping Agency site, St. 

Louis, Missouri for the purpose of permitting the Port to use the 

parcel for economic development purposes. The provision would require the Secretary to agree to terms and conditions acceptable to 

the Secretary and to receive as consideration an amount not less 

than the fair market value of the lease. 


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873 

The conferees intend for the Secretary of the Air Force to enter 

into the lease in furtherance of a permanent conveyance of the 

property. 

Subtitle E—Other Matters 

Clarification of moratorium on certain improvements at Fort Buchanan, Puerto Rico (sec. 2871) 

The House bill contained a provision (sec. 2806) that would 

amend section 1507 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398) to clarify 

the moratorium on construction activities at Fort Buchanan, Puerto 

Rico to permit the conversion, rehabilitation, improvement, and repair of facilities at the installation. 

The Senate amendment contained a provision (sec. 2883) that 

would amend the same section to remove the restriction on construction of facilities for Reserve component or non-appropriated 

fund projects. 

The Senate recedes with an amendment that would combine 

the two provisions, and add an exception to the moratorium for the 

construction of facilities supporting Department of Defense Education activities and the installation of communication equipment. 

Transfer of excess Department of Defense property on Santa Rosa 

and Okaloosa Island, Florida, to Gulf Islands National Seashore (sec. 2872) 

The conferees agree to a provision that would amend section 

7 of An Act to Provide for the Establishment of the Gulf Islands 

National Seashore and Related Matters (Public Law 91–660) to direct the Secretary of Defense to transfer to the administrative jurisdiction of the Secretary of the Interior, subject to mutually 

agreed terms and conditions, any land on Santa Rosa and Okaloosa 

Island, Florida which is currently under the control of the Department of Defense and determined to be excess to military requirements. 

Authorized military uses of Papago Park Military Reservation, 

Phoenix, Arizona (sec. 2873) 

The House bill contained a provision (sec. 2813) that would 

amend the Act of April 7, 1930 (Public No. 02), which authorized 

the use of land at Papago Park Military Reservation, Arizona for 

a rifle range only, to reflect current usage of the land. 

The Senate amendment contained a similar provision (sec. 

2884). 

The Senate recedes. 

Assessment of water needs for Presidio of Monterey and Ord military community (sec. 2874) 

The House bill contained a provision (sec. 2863) that would require the Secretary of Defense to conduct an assessment of current 

and future needs of the Department of Defense for water for the 

Presidio of Monterey and the Ord military community by April 7, 

2006, and to provide the results of that assessment to Congress. 

The Senate amendment contained no similar provision. 


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The Senate recedes. 

Redesignation of McEntire Air National Guard Station, South 

Carolina, as McEntire Joint National Guard Base (sec. 2875) 

The House bill contained a provision (sec. 2862) that would redesignate McEntire Air National Guard Station, South Carolina as 

McEntire Joint National Guard Base in recognition of the use of 

the installation to house both Air National Guard and Army National Guard assets. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Sense of Congress regarding community impact assistance related to 

construction of Navy landing field, North Carolina (sec. 2876) 

The Senate amendment contained a provision (sec. 2889) that 

would express the sense of the Senate that the Department of Defense should work with other federal agencies to strive to provide 

assistance to the local community impacted by the location of a 

new outlying landing field. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment. 

Sense of Congress on establishment of Bakers Creek Memorial (sec. 

2877) 

The Senate amendment contained a provision (sec. 2886) that 

would express the sense of Congress that the Secretary of the 

Army may establish an appropriate marker, at a site to be chosen 

at the discretion of the Secretary, to commemorate the 40 members 

of the U.S. Armed Forces who lost their lives in the air crash at 

Bakers Creek, Australia, on June 14, 1943. 

The House bill contained no similar provision. 

The House recedes. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Authority to lease non-excess property of Department of Defense field 

activities 

The Senate amendment contained a provision (sec. 2821) that 

would amend sections 2667a of title 10, United States Code, to authorize the Secretary of Defense to lease non-excess property that 

is under the control of a Department of Defense field activity. 

The House bill contained no similar provision. 

The Senate recedes. 

Designation of William B. Bryant Annex 

The Senate amendment contained a provision (sec. 2890) that 

would designate the annex to the E. Barrett Prettyman Federal 

Building and U.S. Courthouse in Washington, D.C., as the ‘‘William 

B. Bryant Annex.’’

The House bill contained no similar provision. 

The Senate recedes. This provision has already been enacted in 

S. 1285 of the 109th Congress, which was signed by the President 

on November 11, 2005, (Public Law 109–101). 


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Expanded authority to enter into lease-purchase agreements 

The Senate amendment contained a provision (sec. 2823) that 

would amend section 2812 of title 10, United States Code, to clarify 

the authority for a secretary of a military service to enter into an 

agreement with State and local governments for the lease-purchase 

of facilities. 

The House bill contained no similar provision. 

The Senate recedes. 

Expansion of authority to convey property at military installations 

to support military construction 

The House bill contained a provision (sec. 2803) that would 

amend section 2869 of title 10, United States Code, to authorize 

the secretaries of the military departments to exchange surplus 

property for military construction projects, land, or housing. 

The Senate amendment contained no similar provision. 

The House recedes. 

The Department of Defense’s request to Congress for authorization to expand the types of proceeds received from the disposal 

of surplus property is consistent with Congressional intent to allow 

the Department of Defense to efficiently manage facility and infrastructure assets. While the conferees support additional flexibility 

in the manner in which it seeks value in the disposal of its assets, 

the conferees are concerned that the expanded authority could potentially result in adverse effects, such as reduced Department and 

congressional oversight of the military construction program, and 

decisions to carry out land disposals specifically to receive military 

construction projects, rather than with consideration to military requirements over the long-term. The conferees are also concerned 

that the expanded authority would impose complex requirements 

on the General Services Administration in the process of carrying 

out property disposals in exchange for military construction. As 

such, the conferees direct the Secretary of Defense to fully consider 

the potential effects of expanding the land exchange program, and, 

if warranted, to resubmit a legislative proposal in the future which 

addresses such concerns. 

Identification of environmental conditions at military installations 

closed or realigned under 2005 round of defense base closure 

and realignment 

The Senate amendment contained a provision (sec. 2893) that 

would require the Secretary of Defense, in consultation with the 

Administrator of the Environmental Protection Agency, other appropriate federal agencies, and state, tribal, and local government 

officials, to complete an identification not later than May 31, 2007, 

of the environmental conditions of the real property of each military installation approved for closure or realignment under the 

2005 round of defense base closure and realignment in accordance 

with section 120(h)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, (42 U.S.C. 

9620(h)(4)). The Senate provision would also require the Secretary 

to coordinate with appropriate federal, state, tribal, and local government officials to expedite the environmental response at military installations approved for closure or realignment under the 


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876 

2005 round of defense base closure and realignment. The provision 

would also require the Secretary to report the progress made in 

carrying out this section in the annual environmental report to 

Congress. 

The House bill contained no similar provision. 

The Senate recedes. 

Increase in thresholds for unspecified minor military construction 

projects 

The Senate amendment contained a provision (sec. 2801) that 

would amend section 2805(a)(1) of title 10, United States Code, by 

raising the threshold of the cost of a construction project authorized by this section from $1.5 million to $2.5 million. This provision 

would also raise the threshold of the cost of a construction project 

intended solely to correct a deficiency that is life-threatening, 

health-threatening, or safety-threatening from $3.0 million to $4.0 

million. 

The House bill contained no similar provision. 

The Senate recedes. 

One-year extension of Department of Defense laboratory revitalization program 

The Senate amendment contained a provision (sec. 2885) that 

would extend by 1 year the authorization provided by section 2891 

of the Military Construction Authorization Act for Fiscal Year 2005 

(division B of Public Law 108–375) for the Secretary of Defense to 

carry out a program for the revitalization of laboratories operated 

by the Department of Defense. 

The House bill contained no similar provision. 

The Senate recedes. 

Sense of Congress regarding consideration of national defense industrial base interests during Base Closure and Realignment 

Commission review of Department of Defense base closure and 

realignment recommendations 

The House bill contained a provision (sec. 2824) that would express the sense of Congress that national defense industrial base 

interests are part of military value and that the Base Closure and 

Realignment Commission should consider such interests when reviewing and analyzing the Secretary of Defense’s closure and realignment recommendations. 

The Senate amendment contained no similar provision. 

The House recedes. 

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL 

SECURITY PROGRAMS 

Overview 

Title XXXI authorizes appropriations for atomic energy defense 

activities of the Department of Energy for fiscal year 2006, including: the purchase, construction, and acquisition of plant and capital 


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877 

equipment; research and development; nuclear weapons activities; 

defense nuclear nonproliferation; naval nuclear propulsion; environmental restoration and waste management; operating expenses; 

and other expenses necessary to carry out the purposes of the Department of Energy Organization Act (Public Law 95–91). The title 

would authorize appropriations in five categories: National Nuclear 

Security Administration (NNSA); defense environmental cleanup 

(formerly defense environmental management); other defense activities; defense nuclear waste disposal; and energy supply. 

The budget request for atomic energy defense activities at the Department totaled $16.4 billion, a 1.4 percent decrease below the 

fiscal year 2005 appropriated level. Of the total amount requested, 

$9.4 billion would be for NNSA, of which $6.6 billion would be for 

weapons activities, $1.6 billion would be for defense nuclear nonproliferation activities, $786.0 million would be for naval reactors, 

and $343.9 million would be for the Office of the Administrator; 

$6.0 billion would be for defense environmental management, of 

which $5.2 billion would be for defense site acceleration completion, 

and $831.3 million would be for defense environmental services; 

$636.0 million would be for other defense activities; $351.4 million 

would be for defense nuclear waste disposal; and $12.0 million 

would be for energy supply. The conferees agree to authorize $16.4 billion for atomic energy defense activities at the Department, a decrease of $18.9 million 

below the budget request. The conferees agree to authorize $9.2 billion for NNSA, a decrease of $200.8 million below the budget request. Of the amounts authorized for the NNSA, $6.4 billion would 

be for weapons activities, a decrease of $196.2 million; $1.6 billion 

would be for defense nuclear nonproliferation activities, a decrease 

of $6.1 million; $789.5 million would be for naval reactors, an increase of $3.5 million; and $341.9 million would be for the Office 

of the Administrator, a decrease of $2.0 million below the budget 

request. The conferees agree to authorize $6.2 billion for defense 

environmental cleanup (formerly defense environmental management), an increase of $177.3 million above the budget request. The 

conferees agree to authorize $642.0 million for other defense activities, an increase of $6.0 million above the budget request. The conferees agree to authorize $350.0 million for defense nuclear waste 

disposal, a decrease of $1.4 million below the budget request. The 

conferees agree to authorize $12.0 million for energy supply, the 

amount of the budget request. 

The following table summarizes the budget request and the authorizations: 


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878 


ycherry on PROD1PC64 with REPORTSInsert graphic folio 683/1576 HR360.448
879 


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880 


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881 


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882 


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883 


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884 


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885 


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886 


ycherry on PROD1PC64 with REPORTSInsert graphic folio 683/1584 HR360.456
887 


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888 


ycherry on PROD1PC64 with REPORTSInsert graphic folio 683/1586 HR360.458
889 


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890 


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891 


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892 


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893 


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894 


ycherry on PROD1PC64 with REPORTSInsert graphic folio 683/1592 HR360.464
895 


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896 


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897 

ITEMS OF SPECIAL INTEREST

Disposition of weapons-usable plutonium at Savannah River, South 

Carolina 

The conferees note that section 4306 of the Atomic Energy Defense Act (50 U.S.C. 2566) requires the Secretary of Energy to 

make impact assistance payments to the State of South Carolina, 

if the Department of Energy fails to achieve certain interim and 

long-term milestones in the conversion of plutonium stored at the 

Savannah River Site. The conferees remain supportive of this program and of the commitments made to the State of South Carolina. 

The conferees urge the Department to remain mindful of these impending payments and to request a budget for fiscal year 2007 and 

thereafter that would keep the mixed oxide fuel facility construction on a schedule to make the payment of impact assistance unnecessary. 

Nanotechnology Enterprise Development Center 

The conferees direct the Secretary of Energy to submit a report 

to the Committees on Armed Services of the Senate and the House 

of Representatives within 30 days after the date of enactment of 

this Act setting forth the contribution, if any, of the 

Nanotechnology Enterprise Development Center to the Stockpile 

Stewardship Program or to the programmatic activities of the National Nuclear Security Administration (NNSA). The report shall 

include a description of any contribution of the center to the national security of the United States and a justification for using 

atomic energy defense funds available to the NNSA for the establishment of the center. 

National laboratory work on force protection technologies 

The conferees note that the Department of Energy national 

laboratories have provided exceptional technical assistance to the 

Department of Defense in testing and fielding various types of 

equipment to improve force protection for U.S. military personnel 

engaged in combat operations. The conferees urge the Departments 

of Energy and Defense to continue to work together to utilize the 

expertise resident in the national laboratories to research, develop, 

and field those force protection technologies that can improve combat capabilities and reduce combat casualties. The conferees support the continued use by the Department of Energy of its existing 

authority to waive, where appropriate, certain overhead charges associated with national laboratory work conducted for the Department of Defense. 

In the event that the Department of Energy makes the decision, under existing authorities, to waive any charges other than 

the federal administrative charge, the Secretary of Energy shall 

provide notification to the congressional defense committees within 

30 days of issuing such a decision. The notification shall include a 

description of the force protection technologies work, the fees 

waived, and the impact, if any, to overhead rates for other programs at the national laboratory. 


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898 

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—National Security Programs Authorizations 

National Nuclear Security Administration (sec. 3101) 

The House bill contained a provision (sec. 3101) that would authorize $9.1 billion for the National Nuclear Security Administration (NNSA), including funds for weapons activities, defense nuclear nonproliferation programs, naval reactor programs, and the 

Office of the Administrator. 

The Senate amendment contained a similar provision (sec. 

3101) that would authorize $9.4 billion. 

The conferees agree to authorize $9.2 billion for the NNSA. 

The budget request included $6.6 billion for weapons activities. 

The House bill would authorize $6.5 billion, a decrease of $174.4 

million below the budget request. The Senate amendment would 

authorize $6.6 billion, a decrease of $39.8 million below the budget 

request. The conferees agree to authorize $6.4 billion, a decrease of 

$196.2 million below the budget request. Within weapons activities, 

the conferees agree to authorize $605.8 million for advanced simulation and computing, a decrease of $55.0 million below the budget request. The conferees note that this reduction is without prejudice. Within weapons activities, the conferees also agree to authorize $2.1 billion for campaigns, an increase of $64.2 million above 

the budget request. The conferees agree to authorize a budget realignment of $140.6 million within campaigns to allow funding adjustments across the program elements which make up campaigns. 

The budget request included $174.4 million for environmental 

projects and operations within NNSA. The House bill and the Senate amendment would authorize no funds for these activities within 

the NNSA. The conferees believe that the defense environmental 

cleanup program exists to address the environmental legacy from 

Cold War missions at Department of Energy sites. The conferees 

agree to authorize no funds within NNSA for these activities but 

to authorize funds for these activities within defense environmental 

cleanup, elsewhere in this Act. The conferees agree that this action 

is consistent with the provisions of title 32 of the National Defense 

Authorization Act for Fiscal Year 2000 (Public Law 106–65), which 

established the NNSA. 

The budget request included $1.6 billion for defense nuclear 

nonproliferation. The conferees agree to authorize $1.6 billion, a decrease of $6.1 million below the budget request. The conferees 

agree to provide an additional $83.6 million in funding for international nuclear materials protection and cooperation to implement 

the agreements entered into by the Russian Federation and the 

United States at the Bratislava Summit to accelerate improvements to security at certain Russian nuclear weapons storage sites. 

The conferees agree to authorize $13.0 million for Project 06–D–

180, National Security Laboratory at the Pacific Northwest National Laboratory, an increase of $8.0 million above the budget request. The additional funds are to be used to complete project engineering and design and to initiate construction on the research facility needed to replace facilities being vacated due to the environmental cleanup activities at the Hanford Site 300 Area. 


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Defense environmental cleanup (sec. 3102) 

The House bill contained a provision (sec. 3102) that would authorize $6.3 billion for the Department of Energy for defense environmental management (EM) activities for fiscal year 2006, including funds for defense site acceleration completion and defense environmental services. 

The Senate amendment contained a similar provision (sec. 

3102) that would authorize $6.2 billion for defense environmental 

management. 

The conferees agree to authorize $6.2 billion for defense environmental cleanup, an increase of $177.3 million above the budget 

request. Defense environmental cleanup comprises those activities 

formerly termed defense environmental management. 

The conferees note that the statement of managers accompanying the Energy and Water Appropriations Act for Fiscal Year 

2006 (Public Law 109–103) provides funding for defense environmental cleanup in a new budget structure, which provides funding 

by site rather than by the program elements contained in the 

President’s budget request for fiscal year 2006. The conferees direct 

the Department to submit with the budget request for fiscal year 

2007 a funding crosswalk between the budget structure as requested and as appropriated for fiscal year 2006. The conferees also 

direct the Department to prepare a 5-year funding plan for the environmental cleanup program. 

Other defense activities (sec. 3103) 

The House bill contained a provision (sec. 3103) that would authorize $636.0 million for the Department of Energy for other defense activities for fiscal year 2006, the amount of the budget request. 

The Senate amendment contained a similar provision (sec. 

3103) that would authorize $563.4 million for the Department for 

other defense activities, a decrease of $72.6 million below the budget request. 

The conferees agree to authorize $642.0 million, an increase of 

$6.0 million above the budget request. 

Defense nuclear waste disposal (sec. 3104) 

The House bill contained a provision (sec. 3104) that would authorize $351.4 million for defense nuclear waste disposal. 

The Senate amendment contained a similar provision (sec. 

3104) that would authorize $301.4 million for defense nuclear 

waste disposal. 

The conferees agree to include a provision that would authorize 

$350.0 million, a decrease of $1.4 million below the budget request. 

Subtitle B—Other Matters 

Reliable Replacement Warhead program (sec. 3111) 

The House bill contained a provision (sec. 3111) that would authorize the Secretary of Energy to carry out a Reliable Replacement Warhead program. The provision would establish objectives 

for the program and require reports to Congress. 


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The Senate amendment contained no similar provision. In the 

Senate report accompanying S. 1042 (S. Rept. 109–69) of the National Defense Authorization Act for Fiscal Year 2006, the Senate 

authorized funds for the program and specified goals for the program. 

The Senate recedes with a technical amendment that would 

add the Secretaries of Defense and Energy to the reporting requirement. 

The conferees support the goal of continuing to ensure that the 

nuclear weapons stockpile remains safe, secure, and reliable. The 

conferees believe that the Reliable Replacement Warhead program 

is essential to the achievement of this goal and support its establishment with the objectives as defined in the provision, and as further described in the committee reports of the Committees on 

Armed Services of the Senate and the House of Representatives for 

fiscal year 2006. 

Rocky Flats Environmental Technology Site (sec. 3112) 

The Senate amendment contained a provision (sec. 3116) that would authorize up to $10.0 million for the purchase of certain 

mineral rights at the Department of Energy Rocky Flats Environmental Technology Site by the Secretary of Energy and for payment to extinguish all natural resource damage liability at the site. 

The House bill contained no similar provision. 

The House recedes with an amendment that would specify section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) as the provision of law applicable to natural resource damage liability. 

Report on compliance with Design Basis Threat issued by Department of Energy in 2005 (sec. 3113) 

The Senate amendment contained a provision (sec. 3111) that 

would require the Secretary of Energy to submit to the congressional defense committees a report describing plans for upgrading 

the security posture of the Department of Energy and the National 

Nuclear Security Administration in response to the design basis 

threat issued by the Secretary in October 2004. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment that would: 

(1) identify the design basis threat issued by the Department in 

November 2005 as the design basis threat to be analyzed in the report; (2) require a comparison of the security requirements contained in the design basis threat issued in May 2003 with those 

contained in the design basis threat issued in November 2005; and 

(3) require a review by the Government Accountability Office not 

later than 1 year after enactment of this Act of the Department’s 

plan for complying with the design basis threat of November 2005. 

Reports associated with Waste Treatment and Immobilization Plant 

Project, Hanford Site, Richland, Washington (sec. 3114) 

The Senate amendment contained a provision (sec. 3112) that 

would require the Secretary of Energy to submit to the congressional defense committees an independent cost estimate prepared 

by the U.S. Army Corps of Engineers for the Waste Treatment and 


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901 

Immobilization Plant Project at the Department of Energy Hanford 

Site. 

The House bill contained no similar provision. 

The House recedes with an amendment that would require the 

Secretary to submit to the congressional defense committees reports received by the Department from the U.S. Army Corps of Engineers documenting any evaluation or validation of costs, schedule, and technical issues, including seismic issues, associated with 

the Waste Treatment and Immobilization Plant Project. 

The conferees direct the Secretary to develop an independent 

cost estimate prior to concluding negotiations on the cost of any additions to work scope for contracts under the Waste Treatment and 

Immobilization Plant Project, if the Department contracting officer 

makes an affirmative determination that a change in scope has occurred. The conferees further direct the Secretary to notify the congressional defense committees 30 days prior to the restart of those 

construction activities that were suspended due to the revision of 

the seismic criteria for either the High-Level Waste facility or the 

Pretreatment facility of the Waste Treatment and Immobilization 

Plant Project. 

Report on assistance for a comprehensive inventory of Russian nonstrategic nuclear weapons (sec. 3115) 

The House bill contained a provision (sec. 3112) that would require the Secretary of Energy, in consultation with the Secretary 

of Defense, to provide a report containing an evaluation of efforts 

by the United States to encourage or facilitate a proper accounting 

for and securing of the nonstrategic nuclear weapons of the Russian Federation. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would change the 

due date for the reporting requirement to April 15, 2006. 

Report on international border security programs (sec. 3116) 

The Senate amendment contained a provision (sec. 3113) that 

would require the Secretary of Energy, in consultation with the 

Secretaries of Defense, State and, as appropriate, Homeland Security, to submit a report to the Committees on Armed Services of the 

Senate and the House of Representatives on the management of 

border security programs in the countries of the former Soviet 

Union and in other countries. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Savannah River National Laboratory (sec. 3117) 

The Senate amendment contained a provision (sec. 3115) that 

would designate the Savannah River National Laboratory as a participating laboratory in the Department of Energy laboratory directed research and development program. 

The House bill contained no similar provision. 

The House recedes. 


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LEGISLATIVE PROVISIONS NOT ADOPTED

Prohibition on use of funds for robust nuclear earth penetrator 

The Senate amendment contained a provision (sec. 3117) that 

would prohibit the use of any funds authorized to be appropriated 

to the Department of Energy to be made available for the robust 

nuclear earth penetrator (RNEP). 

The House bill contained no similar provision. The House authorized a related study effort for penetrators to hold at risk hard 

and deeply buried targets within the Department of Defense elsewhere in this Act. 

The Senate recedes. 

The conferees agree to authorize no funding for the RNEP 

study under the Department of Energy, but instead authorize a related study effort within the Department of Defense elsewhere in 

this Act. The conference outcome is reflected in the tables of this 

report. 

Report on advanced technologies for nuclear power reactors in the 

United States 

The Senate amendment contained a provision (sec. 3119) that 

would require the Secretary of Energy to submit to Congress a report containing a description and assessment of technologies under 

development that offer the potential to further enhance the safety 

and proliferation-resistance of nuclear power reactors. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees note that the Department of Energy leads the 

federal government’s efforts to develop new nuclear energy generation technologies to meet energy goals, to develop advanced, proliferation-resistant nuclear fuel technologies that maximize energy 

from nuclear fuel, and to maintain and enhance the national nuclear technology infrastructure. The conferees support these objectives for the purpose of enhancing both the energy and economic 

security of the United States and seek to further efforts to better 

communicate the advancements being made towards these objectives to the general public. 

The Secretary of Energy shall submit to Congress a report on 

advanced technologies for nuclear power reactors in the United 

States. The report shall include a description and assessment of 

the following: (1) technologies under development for advanced nuclear power reactors that offer the potential for further enhancements of the safety performance of nuclear power reactors, and (2) 

technologies under development for advanced nuclear power reactors that offer the potential for further enhancements of proliferation-resistant nuclear power reactors. The information in the report 

shall be presented in a manner and format that facilitates the dissemination of such information to, and the ready understanding of 

such information by, members of the general public, not later than 

six months after the date of enactment of this Act. 


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903 

Sense of the Senate regarding interim reports on residual beryllium 

contamination at Department of Energy vendor facilities 

The Senate amendment contained a provision (sec. 3118) that 

would state the sense of the Senate regarding interim reports on 

residual beryllium contamination at Department of Energy vendor 

facilities, and would urge the Director of the National Institute for 

Occupational Safety and Health (NIOSH) to provide to Congress interim reports on residual beryllium contamination at such facilities 

not later than 14 days after completing the internal review of such 

reports. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees note that section 3169 of the Ronald W. Reagan 

National Defense Authorization Act for Fiscal Year 2005 (Public 

Law 108–375; 42 U.S.C. 7384 note) requires NIOSH to submit not 

later than December 31, 2006, an update to the October 2003 report of NIOSH on residual beryllium contamination at Department 

vendor facilities. 

The conferees note that workers at Department vendor facilities who were potentially exposed to beryllium contamination 

should be informed at the earliest opportunity once the results of 

the site-specific study are available. The conferees note that 

NIOSH has completed its evaluation of residual beryllium contamination at some Department vendor facilities. The conferees direct 

the Secretary of Energy to request the Director of NIOSH: (1) to 

provide to Congress and the Department Office of Environment, 

Safety and Health interim reports on residual beryllium contamination at Department vendor facilities not later than 14 days after 

completing the internal review of such reports; and (2) to publish 

in the Federal Register summaries of the findings of such reports, 

including the dates of any significant residual beryllium contamination, at such time as the reports are provided to the Department 

Office of Environment, Safety and Health. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY 

BOARD 

LEGISLATIVE PROVISIONS ADOPTED

Defense Nuclear Facilities Safety Board (sec. 3201) 

The House bill contained a provision (sec. 3201) that would authorize $22.0 million for the Defense Nuclear Facilities Safety 

Board, the amount of the budget request. 

The Senate amendment contained an identical provision (sec. 

3201). The conference agreement includes this provision. 

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE 

LEGISLATIVE PROVISIONS ADOPTED

Authorized uses of National Defense Stockpile funds (sec. 3301) 

The House bill contained a provision (sec. 3301) that would au- thorize $52.1 million from the National Defense Stockpile Transaction Fund for the operation and maintenance of the National DeVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00931 Fmt 6601 Sfmt 6602 E:\HR\OC\HR360.XXX HR360

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904 

fense Stockpile for fiscal year 2006. The provision would also permit the use of additional funds for extraordinary or emergency conditions 45 days after Congress receives notification. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Revisions to required receipt objectives for previously authorized disposals from National Defense Stockpile (sec. 3302) 

The Senate amendment contained a provision (sec. 3301) that 

would authorize increased sales of certain materials in the National Defense Stockpile through the end of fiscal year 2013. 

The House bill contained similar provisions (secs. 3302–3303). 

The House recedes. 

Authorization for disposal of tungsten ores and concentrates (sec. 

3303) 

The Senate amendment contained a provision (sec. 3302) that 

would authorize the sale of up to 8.0 million pounds of tungsten 

from the National Defense Stockpile in fiscal year 2006. 

The House bill contained no similar provision. 

The House recedes. 

Disposal of ferromanganese (sec. 3304) 

The Senate amendment contained a provision (sec. 3303) that 

would authorize the disposal of up to 75,000 tons of 

ferromanganese from the National Defense Stockpile during fiscal 

year 2006. If that amount is disposed of before September 30, 2006, 

up to an additional 25,000 tons may be disposed of before that 

date. This additional disposal of ferromanganese may take place 

only if the Secretary of Defense submits written certification to the 

Committees on Armed Services of the Senate and the House of 

Representatives, not later than 30 days before the commencement 

of disposal, that: (1) the disposal of the additional ferromanganese 

is in the interest of national defense; (2) the disposal will not cause 

undue disruption to the usual markets of producers and processors 

of ferromanganese in the United States; and (3) the disposal is consistent with the requirements and purpose of the National Defense 

Stockpile. 

The House bill contained no similar provision. 

The House recedes. 

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

LEGISLATIVE PROVISIONS ADOPTED

Authorization of appropriations (sec. 3401) 

The House bill contained a provision (sec. 3401) that would authorize $18.5 million for the operation and maintenance of the 

Naval Petroleum and Oil Shale Reserves. 

The Senate amendment contained no similar provision. 

The Senate recedes. 


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TITLE XXXV—MARITIME ADMINISTRATION 

LEGISLATIVE PROVISIONS ADOPTED

Maritime administration (secs. 3501–3510) 

The House bill contained provisions (sec. 3501–3505) that 

would authorize funds for fiscal year 2006, authorize payments for 

State and regional maritime academies, make modifications to the 

maintenance and repair pilot program, authorize improvements to 

the National Defense Tank Vessel Construction Assistance Program, and authorize improvements to the Maritime Administration 

(MARAD) vessel disposal program. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would: (1) authorize appropriations for fiscal year 2006 for operations and training, 

administrative expenses related to loan guarantee commitments 

under the title XI program, and for expenses to dispose of obsolete 

vessels in the National Defense Reserve Fleet; (2) authorize payments for State and regional maritime academies; (3) modify the 

maintenance and repair pilot program; (4) authorize improvements 

to the National Defense Tank Vessel Construction Assistance Program; (5) authorize improvements to the MARAD vessel disposal 

program; (6) authorize a new program to assist small shipyards 

and maritime communities; (7) transfer authority over the title XI 

non-fishing vessel loan guarantee decisions to the Maritime Administrator and make other improvements to the title XI program; (8) 

provide for a technical correction related to certain intermodal facilities; (9) provide for expanded use of the United States Maritime 

Service; and (10) provide certain awards and medals free of charge. 

Section 3503 would direct the Secretary of Transportation to 

carry out the domestic maintenance and repair pilot program authorized in the National Defense Authorization Act for Fiscal Year 

2004 (Public Law 108–136) for at least one vessel under a Military 

Security Program (MSP) contract. The amendment would allow for 

reimbursement of the cost differential between performing qualified 

maintenance and repair work in the United States as opposed to 

performing it overseas. Qualified maintenance or repair work 

would include work identified before and during the Coast Guardrequired vessel inspection and survey process, including, but not 

limited to, cutting out and replacing the hull structure; removal, 

repair, or replacement of machinery and equipment of all types; 

and repair of internal and external coatings. This section authorizes the Secretary to issue an interim rule, and the conferees urge 

the Secretary to work with the MSP contractors to establish a viable, sustainable program capable of accommodating more vessels, 

in addition to providing contractors’ assistance in locating qualified 

maintenance and repair facilities in the U.S. in the geographic area 

in which a contracted vessel normally operates. 

Section 3504 requires the Secretary of Transportation, to the 

extent of the availability of appropriations, to enter into a contract 

with a proposed purchaser and proposed shipbuilder for the construction of a product tank vessel under the National Defense Tank 

Vessel Construction Program. This section also eliminates the limiVerDate Aug 31 2005 01:42 Jan 06, 2006 Jkt 024864 PO 00000 Frm 00933 Fmt 6601 Sfmt 6602 E:\HR\OC\HR360.XXX HR360

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tation that only allows the program to fund up to 75 percent of the 

actual construction costs of the vessel. 

Section 3505 would repeal obsolete requirements of title 35 of 

the Floyd D. Spence National Defense Authorization Act for Fiscal 

Year 2001 (Public Law 106–398), and would require the development of a comprehensive management program consistent with recommendations made by the Government Accountability Office. The 

plan for implementation of this program is due to the Committees 

on Armed Services of the Senate and the House of Representatives 

and the Committee on Commerce, Science, and Transportation of 

the Senate 180 days from enactment of this Act. If this plan is not 

delivered within 180 days, the Secretary would be required to 

award a contract for the private management of the obsolete vessel 

disposal program after an open, competitive bid process. The 

amendment would authorize the title transfer of obsolete vessels 

for disposal as artificial reefs at a time deemed appropriate by the 

Secretary. 

Section 3506 would authorize the MARAD to establish a loan, 

loan guarantee, and grant program to assist small shipyards to 

make capital improvements and improve maritime training programs for small communities largely served by the maritime industry. The conferees encourage the Secretary to administer the program established by this section in a manner that is consistent 

with procedural safeguards contained in section 1104A of the Merchant Marine Act, such as those providing for assessing economic 

soundness, monitoring, review of applications, and agreements with 

obligors under that section, and with other Federal laws and standards applicable to similar Federal programs as determined appropriate by the Secretary. 

Section 3507 would make technical and substantive amendments to title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 

1274), which authorizes the Maritime Guaranteed Loan Program. 

The conferees intend for the MARAD to retain adequate resources 

with sufficient expertise to perform all functions of this program 

without requiring assistance from the Department of Transportation or other agencies. The conferees also agree that the decision 

to subject loan guarantee applications to a third-party independent 

analysis should be based on risk factors enumerated in section 

1104A(f) of the Merchant Marine Act, 1936, as amended by this 

Act. The conferees agree there should be no rule, regulation, or procedure governing the Maritime Guaranteed Loan Program that requires a third-party independent analysis for all applications without regard to these risk factors. When an independent analysis is 

required, the conferees would expect only experts in maritime finance or operations be funded to conduct the analysis. 

From the Committee on Armed Services, for consideration 

of the House bill and the Senate amendment, and modifications committed to conference: 

DUNCAN HUNTER, CURT WELDON, JOEL HEFLEY, JIM SAXTON, JOHN M. MCHUGH, 

TERRY EVERETT, 


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907 

ROSCOE BARTLETT, HOWARD P. MCKEON, MAC THORNBERRY, JOHN N. HOSTETTLER, JIM RYUN, JIM GIBBONS, ROBIN HAYES, KEN CALVERT, ROB SIMMONS, THELMA DRAKE, IKE SKELTON, JOHN SPRATT, 

SOLOMON P. ORTIZ, 

LANE EVANS, 

GENE TAYLOR, 

SILVESTRE REYES, 

VIC SNYDER, 

ADAM SMITH, LORETTA SANCHEZ, 

ELLEN TAUSCHER, 

From the Permanent Select Committee on Intelligence, for 

consideration of matters within the jurisdiction of that 

committee under clause 11 of rule X: 

PETE HOEKSTRA, JANE HARMAN, From the Committee on Education and the Workforce, for 

consideration of secs. 561–563, 571, and 815 of the House 

bill, and secs. 581–584 of the Senate amendment, and 

modifications committed to conference: 

MICHAEL N. CASTLE, 

JOE WILSON, RUSH HOLT, 

From the Committee on Energy and Commerce, for consideration of secs. 314, 601, 1032, and 3201 of the House bill, 

and secs. 312, 1084, 2893, 3116, and 3201 of the Senate 

amendment, and modifications committed to conference: 

JOE BARTON, PAUL GILLMOR, From the Committee on Financial Services, for consideration of secs. 676 and 1073 of the Senate amendment, and 

modifications committed to conference: 

MICHAEL G. OXLEY, 

ROBERT W. NEY, 

From the Committee on Government Reform, for consideration of secs. 322, 665, 811, 812, 820A, 822–825, 901, 

1101–1106, 1108, title XIV, secs. 2832, 2841, and 2852 of 

the House bill, and secs. 652, 679, 801, 802, 809E, 809F, 

809G, 809H, 811, 824, 831, 843–845, 857, 922, 1073, 1106, 

and 1109 of the Senate amendment, and modifications 

committed to conference: 

TOM DAVIS, CHRISTOPHER SHAYS, From the Committee on Homeland Security, for consideration of secs. 1032, 1033, and 1035 of the House bill, and 


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sec. 907 of the Senate amendment, and modifications committed to conference: 

JOHN LINDER, 

DANIEL E. LUNGREN, 

BENNIE G. THOMPSON, 

From the Committee on International Relations, for consideration of secs. 814, 1021, 1203–1206, and 1301–1305 of 

the House bill, and secs. 803, 1033, 1203, 1205–1207, and 

1301–1306 of the Senate amendment, and modifications 

committed to conference: 

HENRY HYDE, 

JAMES A. LEACH, 

TOM LANTOS, 

From the Committee on the Judiciary, for consideration of 

secs. 551, 673, 1021, 1043, and 1051 of the House bill, and 

secs. 553, 615, 617, 619, 1072, 1075, 1077, and 1092 of the 

Senate amendment, and modifications committed to conference: 

F. JAMES SENSENBRENNER, 

STEVE CHABOT, 

From the Committee on Resources, for consideration of 

secs. 341–346, 601, and 2813 of the House bill, and secs. 

1078, 2884, and 3116 of the Senate amendment, and modifications committed to conference: 

RICHARD POMBO, 

HENRY E. BROWN, Jr., 

From the Committee on Science, for consideration of sec. 

223 of the House bill, and secs. 814 and 3115 of the Senate 

amendment, and modifications committed to conference: 

SHERWOOD BOEHLERT, 

W. TODD AKIN, 

BART GORDON, 

From the Committee on Small Business, for consideration 

of sec. 223 of the House bill, and secs. 814, 849–852, 855, 

and 901 of the Senate amendment, and modifications committed to conference: 

DONALD A. MANZULLO, 

SUE W. KELLY, 

From the Committee on Transportation and Infrastructure, for consideration of secs. 314, 508, 601, and 1032–

1034 of the House bill, and secs. 312, 2890, 2893, and 3116 

of the Senate amendment, and modifications committed to 

conference: 

DON YOUNG, 

JOHN J. DUNCAN, Jr., 

JOHN T. SALAZAR, 

From the Committee on Veterans Affairs, for consideration 

of secs. 641, 678, 714, and 1085 of the Senate amendment, 

and modifications committed to conference: 

STEVE BUYER, 

JEFF MILLER, 

SHELLEY BERKLEY, 


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From the Committee on Ways and Means, for consideration of sec. 677 of the Senate amendment, and modifications committed to conference: 

WILLIAM THOMAS, WALLY HERGER, JIM MCDERMOTT, Managers on the Part of the House. 

JOHN W. WARNER, 

JOHN MCCAIN, 

JAMES M. INHOFE, 

PAT ROBERTS, 

JEFF SESSIONS, 

SUSAN COLLINS, 

JOHN ENSIGN, 

JIM TALENT, 

SAXBY CHAMBLISS, 

LINDSEY GRAHAM, 

ELIZABETH DOLE, 

JOHN CORNYN, 

JOHN THUNE, 

CARL LEVIN, 

TED KENNEDY, 

ROBERT C. BYRD, 

JOSEPH LIEBERMAN, 

JACK REED, 

DANIEL K. AKAKA, 

BILL NELSON, 

BEN NELSON, 

MARK DAYTON, 

EVAN BAYH, 

H.R. CLINTON, 

Managers on the Part of the Senate. 

Æ 


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