IIB 

109TH CONGRESS 

1ST SESSION H. R. 1815

IN THE SENATE OF THE UNITED STATES 

JUNE 6, 2005

Received; read twice and referred to the Committee on Armed Services 

AN ACT

To authorize appropriations for fiscal year 2006 for military 

activities of the Department of Defense, for military 

construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths 

for such fiscal year, and for other purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Defense Au5 thorization Act for Fiscal Year 2006’’. 

6 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 

7 CONTENTS. 

8 (a) DIVISIONS.—This Act is organized into three divi9 sions as follows: 

10 (1) Division A—Department of Defense Au11 thorizations. 

12 (2) Division B—Military Construction Author13 izations. 

14 (3) Division C—Department of Energy Na15 tional Security Authorizations and Other Authoriza16 tions. 

17 (b) TABLE OF CONTENTS.—The table of contents for 

18 this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Organization of Act into divisions; table of contents. 

Sec. 3. Congressional defense committees. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Subtitle B—Army Programs 
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Sec. 111. Multiyear procurement authority for UH–60/MH–60 helicopters. 

Sec. 112. Multiyear procurement authority for Apache Modernized Target Acquisition Designation Sight/Pilot Night Vision Sensor. 

Sec. 113. Multiyear procurement authority for Apache Block II conversion. 

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

Sec. 115. Limitation on Army Modular Force Initiative. 

Sec. 116. Contract requirement for Objective Individual Combat Weapon - Increment 1. 

Subtitle C—Navy Programs 

Sec. 121. Virginia-class submarine program. 

Sec. 122. LHA Replacement amphibious assault ship program. 

Sec. 123. Future major surface combatant, destroyer type. 

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

Sec. 125. Authorization of two additional Arleigh Burke class destroyers. 

Sec. 126. Refueling and complex overhaul of the U.S.S. Carl Vinson. 

Sec. 127. Report on propulsion system alternatives for surface combatants. 

Sec. 128. Aircraft carrier force structure. 

Sec. 129. Contingent transfer of additional funds for CVN–21 Carrier Replacement Program. 

Subtitle D—Air Force Programs 

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

Subtitle E—Joint and Multiservice Matters 

Sec. 141. Requirement that all tactical unmanned aerial vehicles use specified 

standard data link. 

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

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. Objective requirements for non-line-of-sight cannon system not to be 

diminished to meet weight requirements. 

Sec. 213. Independent analysis of Future Combat Systems manned ground vehicle transportability requirement. 

Sec. 214. Amounts for Armored Systems Modernization program. 

Sec. 215. Limitation on systems development and demonstration of manned 

ground vehicles under Armored Systems Modernization program. 

Sec. 216. Testing of Internet Protocol version 6 by Naval Research Laboratory. 

Sec. 217. Program to design and develop next-generation nuclear submarine. 

Sec. 218. Extension of requirements relating to management responsibility for 

naval mine countermeasures programs. 

Sec. 219. Single joint requirement for heavy lift rotorcraft. 

Sec. 220. Requirements for development of tactical radio communications systems. 
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Sec. 221. Limitation on systems development and demonstration of Personnel 

Recovery Vehicle. 

Sec. 222. Separate program element required for each significant research, development, test, and evaluation project. 

Sec. 223. Small Business Innovation Research Phase III Acceleration Pilot 

Program. 

Sec. 224. Revised requirements relating to submission of Joint Warfighting 

Science and Technology Plan. 

Sec. 225. Shipbuilding Industrial Base Improvement Program for development 

of innovative shipbuilding technologies, processes, and facilities. 

Sec. 226. Renewal of University National Oceanographic Laboratory System 

fleet. 

Sec. 227. Limitation on VXX helicopter program. 

Sec. 228. Funding for supersonic cruise missile engine qualification. 

Subtitle C—Missile Defense Programs 

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

missile defense systems. 

Sec. 232. Required flight-intercept test of ballistic missile defense groundbased 

midcourse system. 

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. Revision of required content of environmental quality annual report. 

Sec. 312. Pilot project on compatible use buffers on real property bordering 

Fort Carson, Colorado. 

Sec. 313. Repeal of Air Force report on military installation encroachment 

issues. 

Sec. 314. Payment of certain private cleanup costs in connection with Defense 

Environmental Restoration Program. 

Sec. 315. Study on use of biodiesel and ethanol fuel. 

Subtitle C—Workplace and Depot Issues 

Sec. 321. Proceeds from cooperative activities with non-Army entities. 

Sec. 322. Public-private competition. 

Sec. 323. Public-private competition pilot program. 

Sec. 324. Sense of Congress on equitable legal standing for civilian employees. 

Subtitle D—Extension of Program Authorities 

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

weapons systems contractors. 

Sec. 332. Extension and revision of temporary authority for contractor performance of security guard functions. 

Subtitle E—Utah Test and Training Range 

Sec. 341. Definitions. 
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Sec. 342. Military operations and overflights, Utah Test and Training Range. 

Sec. 343. Planning process for Federal lands in Utah Test and Training 

Range. 

Sec. 344. Designation and management of Cedar Mountain Wilderness, Utah. 

Sec. 345. Identification of additional Bureau of Land Management land in 

Utah as trust land for Skull Valley Band of Goshutes. 

Sec. 346. Relation to other lands and laws. 

Subtitle F—Other Matters 

Sec. 351. Codification and revision of limitation on modification of major items 

of equipment scheduled for retirement or disposal. 

Sec. 352. Limitation on purchase of investment items with operation and maintenance funds. 

Sec. 353. Provision of Department of Defense support for certain paralympic 

sporting events. 

Sec. 354. Development and explanation of budget models for base operations 

support, sustainment, and facilities recapitalization. 

Sec. 355. Report on Department of Army programs for prepositioning of equipment and other materiel. 

Sec. 356. Report regarding effect on military readiness of undocumented immigrants trespassing upon operational ranges. 

Sec. 357. Congressional notification requirements regarding placement of liquefied natural gas facilities, pipelines, and related structures on 

defense lands. 

Sec. 358. Report regarding army and air force exchange system management 

of army lodging. 

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. 

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—Authorizations 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 authority to reduce minimum commissioned 

service requirement for voluntary retirement as an officer. 
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Sec. 503. Separation at age 64 for reserve component senior officers. 

Sec. 504. Improved administration of transitions involving officers in senior 

general and flag officer positions. 

Sec. 505. Consolidation of grade limitations on officer assignment and insignia 

practice known as frocking. 

Sec. 506. 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. 507. Authority to retain permanent professors at the Naval Academy beyond 30 years of active commissioned service. 

Sec. 508. Authority for appointment of Coast Guard flag officer as Chief of 

Staff to the President. 

Sec. 509. Clarification of time for receipt of statutory selection board communications. 

Sec. 510. Standardization of grade of senior dental officer of the Air Force 

with that of senior dental officer of the Army. 

Subtitle B—Reserve Component Management 

Sec. 511. 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. 512. Modifications to new Reserve educational benefit for certain active 

service in support of contingency operations. 

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. Use of National Guard to provide military support to civilian law enforcement agencies for domestic counter-terrorism activities. 

Subtitle C—Education and Training 

Sec. 521. Repeal of limitation on amount of financial assistance under ROTC 

scholarship programs. 

Sec. 522. Increased enrollment for eligible defense industry employees in the 

defense product development program at Naval Postgraduate 

School. 

Sec. 523. Payment of expenses to obtain professional credentials. 

Sec. 524. Authority for National Defense University award of degree of Master 

of Science in Joint Campaign Planning and Strategy. 

Sec. 525. One-year extension of authority to use appropriated funds to provide 

recognition items for recruitment and retention of certain reserve component personnel. 

Sec. 526. Report on rationale and plans of the Navy to provide enlisted members an opportunity to obtain graduate degrees. 

Sec. 527. Increase in annual limit on number of ROTC scholarships under 

Army Reserve and National Guard program. 

Sec. 528. Capstone overseas field studies trips to People’s Republic of China 

and Republic of China on Taiwan. 

Sec. 529. Sense of Congress concerning establishment of National College of 

Homeland Security. 

Subtitle D—General Service Requirements 

Sec. 531. Uniform enlistment standards for the Armed Forces. 
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Sec. 532. Increase in maximum term of original enlistment in regular component. 

Sec. 533. Members completing statutory initial military service obligation. 

Sec. 534. Extension of qualifying service for initial military service under National Call to Service program. 

Subtitle E—Matters Relating to Casualties 

Sec. 541. Requirement for members of the Armed Forces to designate a person 

to be authorized to direct the disposition of the member’s remains. 

Sec. 542. Enhanced program of Casualty Assistance Officers and Seriously Injured/Ill Assistance Officers. 

Sec. 543. Standards and guidelines for Department of Defense programs to assist wounded and injured members. 

Sec. 544. Authority for members on active duty with disabilities to participate 

in Paralympic Games. 

Subtitle F—Military Justice and Legal Assistance Matters 

Sec. 551. Clarification of authority of military legal assistance counsel to provide military legal assistance without regard to licensing requirements. 

Sec. 552. Use of teleconferencing in administrative sessions of courts-martial. 

Sec. 553. Extension of statute of limitations for murder, rape, and child abuse 

offenses under the Uniform Code of Military Justice. 

Sec. 554. Offense of stalking under the Uniform Code of Military Justice. 

Sec. 555. Rape, sexual assault, and other sexual misconduct under Uniform 

Code of Military Justice. 

Subtitle G—Assistance to Local Educational Agencies for Defense 

Dependents Education 

Sec. 561. Enrollment in overseas schools of Defense Dependents’ Education 

System of children of citizens or nationals of the United States 

hired in overseas areas as full-time Department of Defense employees. 

Sec. 562. Assistance to local educational agencies that benefit dependents of 

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

Sec. 563. Continuation of impact aid assistance on behalf of dependents of certain members despite change in status of member. 

Subtitle H—Decorations and Awards 

Sec. 565. Cold War Victory Medal. 

Sec. 566. Establishment of Combat Medevac Badge. 

Sec. 567. Eligibility for Operation Enduring Freedom campaign medal. 

Subtitle I—Other Matters 

Sec. 571. Extension of waiver authority of Secretary of Education with respect 

to student financial assistance during a war or other military 

operation or national emergency. 

Sec. 572. Adoption leave for members of the Armed Forces adopting children. 

Sec. 573. Report on need for a personnel plan for linguists in the Armed 

Forces. 
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Sec. 574. Ground combat and other exclusion policies. 

Sec. 575. Eligibility of certain persons for space-available travel on military aircraft. 

Sec. 576. Comptroller General study of military recruiting. 

Sec. 577. Addition of information concerning mental health services and treatment to subjects required to be covered in mandatory 

preseparation counseling. 

Sec. 578. Improvement to Department of Defense response to sexual assault affecting members of the Armed Forces. 

Sec. 579. Report on employment matters for members of the National Guard 

and Reserve. 

Sec. 580. 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. 

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

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

Sec. 607. Overseas cost of living allowance. 

Sec. 608. Income replacement payments for Reserves experiencing extended and 

frequent mobilization for active duty service. 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. Extension or resumption of certain bonus and special pay authorities 

for reserve forces. 

Sec. 612. Extension of certain bonus and special pay authorities for certain 

health care professionals. 

Sec. 613. Extension of special pay and bonus authorities for nuclear officers. 

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

Sec. 615. Expansion of eligibility of dental officers for additional special pay. 

Sec. 616. Increase in maximum monthly rate authorized for hardship duty pay. 

Sec. 617. Flexible payment of assignment incentive pay. 

Sec. 618. Active-duty reenlistment bonus. 

Sec. 619. Reenlistment bonus for members of Selected Reserve. 

Sec. 620. Combination of affiliation and accession bonuses for service in the Selected Reserve. 

Sec. 621. Eligibility requirements for prior service enlistment bonus. 

Sec. 622. Increase in authorized maximum amount of enlistment bonus. 

Sec. 623. Discretion of Secretary of Defense to authorize retroactive hostile fire 

and imminent danger pay. 

Sec. 624. Increase in maximum bonus amount for nuclear-qualified officers extending period of active duty. 
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Sec. 625. Increase in maximum amount of nuclear career annual incentive 

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

Sec. 626. Uniform payment of foreign language proficiency pay to eligible reserve component members and regular component members. 

Sec. 627. Retention bonus for members qualified in certain critical skills or satisfying other eligibility criteria. 

Sec. 628. Availability of critical-skills accession bonus for persons enrolled in 

Senior Reserve Officers’ Training Corps who are obtaining 

nursing degrees. 

Subtitle C—Travel and Transportation Allowances 

Sec. 641. Authorized absences of members for which lodging expenses at temporary duty location may be paid. 

Sec. 642. Extended period for selection of home for travel and transportation 

allowances for dependents of deceased member. 

Sec. 643. Transportation of family members incident to repatriation of members held captive. 

Sec. 644. Increased weight allowances for shipment of household goods of senior noncommissioned officers. 

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 651. Monthly disbursement to States of State income tax withheld from 

retired or retainer pay. 

Sec. 652. Revision to eligibility for nonregular service retirement after establishing eligibility for regular retirement. 

Sec. 653. Denial of military funeral honors in certain cases. 

Sec. 654. Child support for certain minor children of retirement-eligible members convicted of domestic violence resulting in death of child’s 

other parent. 

Sec. 655. Concurrent receipt of veterans disability compensation and military 

retired pay. 

Sec. 656. Military Survivor Benefit Plan beneficiaries under insurable interest 

coverage. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 

Sec. 661. Increase in authorized level of supplies and services procurement 

from overseas exchange stores. 

Sec. 662. Requirements for private operation of commissary store functions. 

Sec. 663. Provision of information technology services for accommodations provided by nonappropriated fund instrumentalities for wounded 

members of the Armed Forces and their families. 

Sec. 664. Provision of and payment for overseas transportation services for 

commissary and exchange supplies. 

Sec. 665. Compensatory time off for certain nonappropriated fund employees. 

Subtitle F—Other Matters 

Sec. 671. Inclusion of Senior Enlisted Advisor for the Chairman of the Joint 

Chiefs of Staff among senior enlisted members of the Armed 

Forces. 

Sec. 672. Special and incentive pays considered for saved pay upon appointment of members as officers. 
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Sec. 673. Repayment of unearned portion of bonuses, special pays, and educational benefits. 

Sec. 674. Leave accrual for members assigned to deployable ships or mobile 

units or to other designated duty. 

Sec. 675. Army recruiting pilot program to encourage members of the Army to 

refer other persons for enlistment. 

Sec. 676. Special compensation for reserve component members who are also 

tobacco farmers adversely affected by terms of tobacco quota 

buyout. 

Sec. 677. Comptroller General report regarding compensation and benefits for 

Reserve component members. 

Sec. 678. Report on space-available travel for certain disabled veterans. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—Tricare Program Improvements 

Sec. 701. Services of mental health counselors. 

Sec. 702. Additional information required by surveys on TRICARE standard. 

Sec. 703. Enhancement of TRICARE coverage for members who commit to 

continued service in the selected reserve. 

Sec. 704. Study and plan relating to chiropractic health care services. 

Sec. 705. Surviving-dependent eligibility under TRICARE dental plan for surviving spouses who were on active duty at time of death of 

military spouse. 

Sec. 706. Exceptional eligibility for TRICARE prime remote. 

Subtitle B—Other Matters 

Sec. 711. Authority to relocate patient safety center; renaming MedTeams Program. 

Sec. 712. Modification of health care quality information and technology enhancement reporting requirement. 

Sec. 713. Correction to eligibility of certain Reserve officers for military health 

care pending active duty following commissioning. 

Sec. 714. Prohibition on conversions of military medical positions to civilian 

medical positions until submission of certification. 

Sec. 715. Clarification of inclusion of dental care in medical readiness tracking 

and health surveillance program. 

Sec. 716. Cooperative outreach to members and former members of the naval 

service exposed to environmental factors related to sarcoidosis. 

Sec. 717. Early identification and treatment of mental health and substance 

abuse disorders. 

Sec. 718. Mental health awareness for dependents. 

Sec. 719. Study relating to predeployment and postdeployment medical exams 

of certain members of the Armed Forces. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Subtitle A—Provisions Relating to Major Defense Acquisition Programs 

Sec. 801. Requirement for certification by Secretary of Defense before major 

defense acquisition program may proceed to Milestone B. 

Sec. 802. Requirement for analysis of alternatives to major defense acquisition 

programs. 
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Sec. 803. Authority for Secretary of Defense to revise baseline for major defense acquisition programs. 

Subtitle B—Acquisition Policy and Management 

Sec. 811. Applicability of statutory executive compensation cap made prospective. 

Sec. 812. Use of commercially available online services for Federal procurement 

of commercial items. 

Sec. 813. Contingency contracting corps. 

Sec. 814. Requirement for contracting operations to be included in interagency 

planning related to stabilization and reconstruction. 

Sec. 815. Statement of policy and report relating to contracting with employers 

of persons with disabilities. 

Sec. 816. Study on Department of Defense contracting with small business concerns owned and controlled by service-disabled veterans. 

Sec. 817. Prohibition on procurement from beneficiaries of foreign subsidies. 

Sec. 818. Buy American requirement for procurements of goods containing 

components. 

Sec. 819. Domestic source restriction for lithium ion cells and batteries. 

Sec. 820. Prohibition on defense contractors requiring licenses or fees for use 

of military likenesses and designations. 

Sec. 820A. Establishment 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. Increased flexibility for designation of critical acquisition positions in 

defense acquisition workforce. 

Sec. 822. Participation by Department of Defense in acquisition workforce 

training fund. 

Sec. 823. Increase in cost accounting standard threshold. 

Sec. 824. Amendments to domestic source requirements relating to clothing 

materials and components covered. 

Sec. 825. Rapid acquisition authority to respond to defense intelligence community emergencies. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Restoration of parity in pay levels among Under Secretary positions. 

Sec. 902. Eligibility criteria for Director of Department of Defense Test Resource Management Center. 

Sec. 903. Consolidation and standardization of authorities relating to Department of Defense Regional Centers for Security Studies. 

Sec. 904. Redesignation of the Department of the Navy as the Department of 

the Navy and Marine Corps. 

Subtitle B—Space Activities 

Sec. 911. Space Situational Awareness Strategy. 

Sec. 912. Military satellite communications. 

Sec. 913. Operationally responsive space. 
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Subtitle C—Chemical Demilitarization Program 

Sec. 921. Transfer to Secretary of the Army of responsibility for assembled 

chemical weapons alternatives program. 

Sec. 922. Clarification of Cooperative Agreement Authority under Chemical Demilitarization Program. 

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. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial matters 

Sec. 1001. Transfer authority. 

Sec. 1002. Authorization of supplemental appropriations for fiscal year 2005. 

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. 

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 U.S.S. IOWA. 

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

Sec. 1016. Limitation on leasing of foreign-built vessels. 

Sec. 1017. Establishment of memorial to U.S.S. Oklahoma. 

Subtitle C—Counter-Drug Activities 

Sec. 1021. Extension of Department of Defense authority to support counterdrug activities. 

Sec. 1022. Resumption of reporting requirement regarding Department of Defense expenditures to support foreign counter-drug activities. 

Sec. 1023. Clarification of authority for joint task forces to support law enforcement agencies conducting counter-terrorism activities. 

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. 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. 

Subtitle E—Other Matters 
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Sec. 1041. Commission on the Long-Term Implementation of the New Strategic Posture of the United States. 

Sec. 1042. Reestablishment of EMP Commission. 

Sec. 1043. Modernization of authority relating to security of defense property 

and facilities. 

Sec. 1044. Revision of Department of Defense counterintelligence polygraph 

program. 

Sec. 1045. Repeal of requirement for report to Congress regarding global strike 

capability. 

Sec. 1046. Technical and clerical amendments. 

Sec. 1047. Deletion of obsolete definitions in titles 10 and 32, United States 

Code. 

Sec. 1048. Sense of Congress recognizing the diversity of the members of the 

Armed Forces killed in Operation Iraqi Freedom and Operation Enduring Freedom and honoring their sacrifices and the 

sacrifices of their families. 

Sec. 1049. Department of Defense support for youth organizations, including 

the Boy Scouts of America. 

Sec. 1050. Preservation of information and records pertaining to radioactive 

fallout. 

Sec. 1051. Special immigrant status for persons serving as translators with 

United States Armed Forces. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

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. Authority for heads of agencies to allow shorter length of required 

service by Federal employees after completion of training. 

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

Federal civilian employees. 

Sec. 1106. Transportation of family members incident to repatriation of Federal employees held captive. 

Sec. 1107. Permanent extension of Science, Mathematics, and Research for 

Transformation (SMART) Defense Education Program. 

Sec. 1108. 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. 

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. Military educational exchanges between senior officers and officials 

of the United States and Taiwan. 

Sec. 1204. Modification of geographic restriction under bilateral and regional 

cooperation programs for payment of certain expenses of defense personnel of developing countries. 

Sec. 1205. 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. 
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Sec. 1206. Two-year extension of authority for payment of certain administrative services and support for coalition liaison officers. 

Subtitle B—Nonproliferation Matters and Countries of Concern 

Sec. 1211. Report on acquisition by Iran of nuclear weapons. 

Sec. 1212. Procurement sanctions against foreign persons that transfer certain 

defense articles and services to the People’s Republic of China. 

Sec. 1213. Prohibition on procurements from Communist Chinese military companies. 

Subtitle C—Other Matters 

Sec. 1221. Purchase of weapons overseas for force protection purposes. 

Sec. 1222. Requirement for establishment of certain criteria applicable to ongoing Global Posture Review. 

Sec. 1223. War-related reporting requirements. 

Sec. 1224. Sense of Congress concerning cooperation with Russia on issues pertaining to missile defense. 

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. Authority to obligate weapons of mass destruction proliferation prevention funds for nuclear weapons storage security. 

Sec. 1304. Extension of limited waiver of restrictions on use of funds for threat 

reduction in states of the former Soviet Union. 

Sec. 1305. Report on elimination of impediments to nuclear threat-reduction 

and nonproliferation programs in the Russian Federation. 

TITLE XIV—CONTRACT DISPUTE ENHANCEMENT 

Subtitle A—General provisions 

Sec. 1411. Definitions. 

Subtitle B—Establishment of civilian and defense Boards of contract appeals 

Sec. 1421. Establishment. 

Sec. 1422. Membership. 

Sec. 1423. Chairmen. 

Sec. 1424. Rulemaking authority. 

Sec. 1425. Authorization of appropriations. 

Subtitle C—Functions of defense and civilian Boards of contract appeals 

Sec. 1431. Contract disputes. 

Sec. 1432. Enhanced access for small business. 

Sec. 1433. Applicability to certain contracts. 

Subtitle D—Transfers and transition, savings, and conforming provisions 

Sec. 1441. Transfer and allocation of appropriations and personnel. 

Sec. 1442. Terminations and savings provisions. 

Sec. 1443. Contract disputes authority of Boards. 

Sec. 1444. References to agency Boards of contract appeals. 

Sec. 1445. Conforming amendments. 
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Subtitle E—Effective Date; Regulations and Appointment of Chairmen 

Sec. 1451. Effective date. 

Sec. 1452. Regulations. 

Sec. 1453. Appointment of Chairmen of Defense Board and Civilian Board. 

TITLE XV—AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM 

Subtitle A—General Increases 

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Navy and Marine Corps procurement. 

Sec. 1504. Defense-wide activities procurement. 

Sec. 1505. Research, development, test, and evaluation, defense-wide activities. 

Sec. 1506. Operation and maintenance. 

Sec. 1507. Defense working capital funds. 

Sec. 1508. Defense Health Program. 

Sec. 1509. Military personnel. 

Sec. 1510. Iraq Freedom Fund. 

Sec. 1511. Classified programs. 

Sec. 1512. Treatment as additional authorizations. 

Sec. 1513. Transfer authority. 

Sec. 1514. Availability of funds. 

Subtitle B—Personnel Provisions 

Sec. 1521. Increase in active Army and Marine Corps strength levels. 

Sec. 1522. Additional authority for increases of Army and Marine Corps active 

duty end strengths for fiscal years 2007 through 2009. 

Sec. 1523. Military death gratuity enhancement. 

Sec. 1524. Permanent prohibition against requiring certain injured members to 

pay for meals provided by military treatment facilities. 

Sec. 1525. Permanent authority to provide travel and transportation allowances 

for dependents to visit hospitalized members injured in combat 

operation or combat zone. 

Sec. 1526. 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. 1527. Availability of special pay for members during rehabilitation from 

combat-related injuries. 

Sec. 1528. Allowance to cover monthly deduction from basic pay for 

Servicemembers’ Group Life Insurance coverage for members 

serving in Operation Enduring Freedom or Operation Iraqi 

Freedom. 

Subtitle C—Matters Involving Support Provided by Foreign Nations 

Sec. 1531. Reimbursement of certain coalition nations for support provided to 

United States military operations. 

TITLE XVI—CONTRACTORS ON THE BATTLEFIELD 

Sec. 1601. Short title. 

Sec. 1602. Findings. 
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Sec. 1603. Definitions. 

Sec. 1604. Requirements for commanders of combatant commands relating to 

contractors accompanying and not accompanying the force. 

Sec. 1605. Requirements for contractors relating to possession of weapons. 

Sec. 1606. Battlefield accountability. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title. 

TITLE XXI—ARMY 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Modification of authority to carry out certain fiscal year 2004 

project. 

TITLE XXII—NAVY 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

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

project. 

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

projects. 

TITLE XXIII—AIR FORCE 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

TITLE XXIV—DEFENSE AGENCIES 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Energy conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Sec. 2601. Authorized Guard and Reserve construction and land acquisition 

projects. 

TITLE XXVII—EXPIRATION AND EXTENSION OF 

AUTHORIZATIONS 
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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. 2704. Effective date. 

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. Improve availability and timeliness of Department of Defense information regarding military construction and family housing accounts and activities. 

Sec. 2803. Expansion of authority to convey property at military installations 

to support military construction. 

Sec. 2804. Effect of failure to submit required report on need for general and 

flag officers quarters in National Capital Region. 

Sec. 2805. One-year extension of temporary, limited authority to use operation 

and maintenance funds for construction projects outside the 

United States. 

Sec. 2806. Clarification of moratorium on certain improvements at Fort Buchanan, Puerto Rico. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Consolidation of Department of Defense land acquisition authorities 

and limitations on use of such authorities. 

Sec. 2812. Report on use of utility system conveyance authority and temporary 

suspension of authority pending report. 

Sec. 2813. Authorized military uses of Papago Park Military Reservation, 

Phoenix, Arizona. 

Subtitle C—Base Closure and Realignment 

Sec. 2821. Additional reporting requirements regarding base closure process 

and use of Department of Defense base closure accounts. 

Sec. 2822. Termination of project authorizations for military installations approved for closure in 2005 round of base realignments and closures. 

Sec. 2823. Expanded availability of adjustment and diversification assistance 

for communities adversely affected by mission realignments in 

base closure process. 

Sec. 2824. 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. 

Subtitle D—Land Conveyances 

PART 1—ARMY CONVEYANCES

Sec. 2831. Modification of land conveyance, Engineer Proving Ground, Fort 

Belvoir, Virginia. 

Sec. 2832. Land conveyance, Army Reserve Center, Bothell, Washington. 
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PART 2—NAVY CONVEYANCES

Sec. 2841. Land conveyance, Marine Corps Air Station, Miramar, San Diego, 

California. 

PART 3—AIR FORCE CONVEYANCES

Sec. 2851. Purchase of build-to-lease family housing, Eielson Air Force Base, 

Alaska. 

Sec. 2852. Land conveyance, Air Force property, Jacksonville, Arkansas. 

Subtitle E—Other Matters 

Sec. 2861. Lease authority, Army Heritage and Education Center, Carlisle, 

Pennsylvania. 

Sec. 2862. Redesignation of McEntire Air National Guard Station, South Carolina, as McEntire Joint National Guard Base. 

Sec. 2863. Assessment of water needs for Presidio of Monterey and Ord Military Community. 

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 management. 

Sec. 3103. Other defense activities. 

Sec. 3104. Defense nuclear waste disposal. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Reliable Replacement Warhead program. 

Sec. 3112. Report on assistance for a comprehensive inventory of Russian nonstrategic nuclear weapons. 

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. Revision of fiscal year 1999 authority to dispose of certain materials 

in the National Defense Stockpile. 

Sec. 3303. Revision of fiscal year 2000 authority to dispose of certain materials 

in the National Defense Stockpile. 

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. 
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Sec. 3504. Tank vessel construction assistance. 

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

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

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

5 DIVISION A—DEPARTMENT OF 

6 DEFENSE AUTHORIZATIONS 

7 TITLE I—PROCUREMENT 

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 UH–60/MH–60 helicopters. 

Sec. 112. Multiyear procurement authority for Apache Modernized Target Acquisition Designation Sight/Pilot Night Vision Sensor. 

Sec. 113. Multiyear procurement authority for Apache Block II conversion. 

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

Sec. 115. Limitation on Army Modular Force Initiative. 

Sec. 116. Contract requirement for Objective Individual Combat Weapon - Increment 1. 

Subtitle C—Navy Programs 

Sec. 121. Virginia-class submarine program. 

Sec. 122. LHA Replacement amphibious assault ship program. 

Sec. 123. Future major surface combatant, destroyer type. 

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

Sec. 125. Authorization of two additional Arleigh Burke class destroyers. 

Sec. 126. Refueling and complex overhaul of the U.S.S. Carl Vinson. 

Sec. 127. Report on propulsion system alternatives for surface combatants. 

Sec. 128. Aircraft carrier force structure. 

Sec. 129. Contingent transfer of additional funds for CVN–21 Carrier Replacement Program. 

Subtitle D—Air Force Programs 

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

Subtitle E—Joint and Multiservice Matters 
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Sec. 141. Requirement that all tactical unmanned aerial vehicles use specified 

standard data link. 

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

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 101. ARMY. 

4 Funds are hereby authorized to be appropriated for 

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

6 (1) For aircraft, $2,861,380,000. 

7 (2) For missiles, $1,242,919,000. 

8 (3) For weapons and tracked combat vehicles, 

9 $1,601,978,000. 

10 (4) For ammunition, $1,750,772,000. 

11 (5) For other procurement, $4,043,289,000. 

12 SEC. 102. NAVY AND MARINE CORPS. 

13 (a) NAVY.—Funds are hereby authorized to be appro14 priated for fiscal year 2006 for procurement for the Navy 

15 as follows: 

16 (1) For aircraft, $10,042,526,000. 

17 (2) For weapons, including missiles and tor18 pedoes, $2,775,041,000. 

19 (3) For ammunition, $869,770,000. 

20 (4) For shipbuilding and conversion, 

21 $10,779,773,000. 

22 (5) For other procurement, $5,634,318,000. 
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1 (b) MARINE CORPS.—Funds are hereby authorized to 

2 be appropriated for fiscal year 2006 for procurement for 

3 the Marine Corps in the amount of $1,407,605,000. 

4 SEC. 103. AIR FORCE. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal year 2006 for procurement for the Air Force as fol7 lows: 

8 (1) For aircraft, $12,793,756,000. 

9 (2) For ammunition, $1,031,207,000. 

10 (3) For missiles, $5,490,287,000. 

11 (4) For other procurement, $14,068,789,000. 

12 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal year 2006 for Defense-wide procurement in the 

15 amount of $2,715,446,000. 

16 Subtitle B—Army Programs 

17 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR UH–

18 60/MH–60 HELICOPTERS. 

19 The Secretary of the Army may, in accordance with 

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

21 a multiyear contract, beginning with the fiscal year 2007 

22 program year, for procurement of up to 461 helicopters 

23 in the UH–60M configuration and, acting as executive 

24 agent for the Department of the Navy, in the MH–60S 

25 configuration. 
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1 SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR 

2 APACHE MODERNIZED TARGET ACQUISITION 

3 DESIGNATION SIGHT/PILOT NIGHT VISION 

4 SENSOR. 

5 The Secretary of the Army may, in accordance with 

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

7 a multiyear contract, beginning with the fiscal year 2006 

8 program year and for four program years, for procure9 ment of 612 Apache Modernized Target Acquisition Des10 ignation Sights/Pilot Night Vision Sensors. 

11 SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR 

12 APACHE BLOCK II CONVERSION. 

13 The Secretary of the Army may, in accordance with 

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

15 a multiyear contract, beginning with the fiscal year 2006 

16 program year and for four program years, for procure17 ment of conversion of 96 Apache helicopters to the Block 

18 II configuration. 

19 SEC. 114. ACQUISITION STRATEGY FOR TACTICAL 

20 WHEELED VEHICLE PROGRAMS. 

21 (a) ARMY.—If, in carrying out a program for mod22 ernization and recapitalization of the fleet of tactical 

23 wheeled vehicles of the Army, the Secretary of the Army 

24 determines to award a contract for procurement of a new 

25 vehicle class for the next-generation tactical wheeled vehi26 cle (other than a contract for modifications, upgrades, or 
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1 product improvements to the existing fleet of vehicles), the 

2 Secretary shall award and execute the acquisition program 

3 under that contract as a joint service program with the 

4 Marine Corps. 

5 (b) MARINE CORPS.—If, in carrying out a program 

6 for modernization and recapitalization of the fleet of tac7 tical wheeled vehicles of the Marine Corps, the Secretary 

8 of the Navy determines to award a contract for procure9 ment of a new vehicle class for the next-generation tactical 

10 wheeled vehicle (other than a contract for modifications, 

11 upgrades, or product improvements to the existing fleet 

12 of vehicles), the Secretary shall award and execute the ac13 quisition program under that contract as a joint service 

14 program with the Army. 

15 SEC. 115. LIMITATION ON ARMY MODULAR FORCE INITIA16 TIVE. 

17 (a) LIMITATION.—From funds available to the Army 

18 for fiscal year 2006, not more than $3,000,000,000 may 

19 be obligated or expended for acquisition programs for the 

20 Army Modular Force Initiative until the Secretary of the 

21 Army submits to the congressional defense committees a 

22 report described in subsection (b). 

23 (b) REPORT.—A report under subsection (a) shall set 

24 forth the following: 
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1 (1) An outline of the full scope of acquisition 

2 programs that are considered part of the Modular 

3 Force Initiative and the acquisition objectives for 

4 each such program. 

5 (2) An outline of the funding levels provided in 

6 the fiscal year 2007 Future Years Defense Program 

7 for each program specified under paragraph (1) and, 

8 for each such program, the adequacy of that funding 

9 for achieving the acquisition objectives referred to in 

10 paragraph (1). 

11 (3) A detailed accounting of the use of funds 

12 provided for the Modular Force Initiative in title I 

13 of division A of the Emergency Supplemental Appro14 priations Act for Defense, the Global War on Ter15 rorism, and Tsunami Relief Act, 2005. 

16 SEC. 116. CONTRACT REQUIREMENT FOR OBJECTIVE INDI17 VIDUAL COMBAT WEAPON - INCREMENT 1. 

18 In awarding a contract for procurement of the Objec19 tive Individual Combat Weapon - Increment 1, the Sec20 retary of the Army shall ensure that the contractor is se21 lected through a full and open competition process that 

22 allows potential offerors adequate time to prepare and 

23 submit qualifying proposals. 
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1 Subtitle C—Navy Programs 

2 SEC. 121. VIRGINIA-CLASS SUBMARINE PROGRAM. 

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

4 subsection (b), the total amount obligated or expended for 

5 procurement of the five Virginia-class submarines des6 ignated as SSN–779, SSN–780, SSN–781, SSN–782, and 

7 SSN–783 may not exceed the following amounts (such 

8 amounts being the estimated total procurement end cost 

9 of those vessels in the fiscal year 2006 budget): 

10 (1) For the SSN–779 submarine, 

11 $2,143,700,000. 

12 (2) For the SSN–780 submarine, 

13 $2,238,800,000. 

14 (3) For the SSN–781 submarine, 

15 $2,402,000,000. 

16 (4) For the SSN–782 submarine, 

17 $2,581,300,000. 

18 (5) For the SSN–783 submarine, 

19 $2,690,000,000. 

20 (b) ADJUSTMENT OF LIMITATION AMOUNTS.—The 

21 Secretary of the Navy may adjust the amount set forth 

22 in subsection (a) for any Virginia-class submarine speci23 fied in that subsection by the following: 
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1 (1) The amounts of increases or decreases in 

2 costs attributable to economic inflation after Sep3 tember 30, 2005. 

4 (2) The amounts of increases or decreases in 

5 costs attributable to compliance with changes in 

6 Federal, State, or local laws enacted after Sep7 tember 30, 2005. 

8 (c) NOTICE TO CONGRESS OF PROGRAM CHANGES.— 

9 The Secretary of the Navy shall annually submit to Con10 gress, at the same time as the budget is submitted under 

11 section 1105(a) of title 31, United States Code, written 

12 notice of any change in any of the amounts set forth in 

13 subsection (a) during the preceding fiscal year that the 

14 Secretary has determined to be associated with a cost re15 ferred to in subsection (b). 

16 SEC. 122. LHA REPLACEMENT AMPHIBIOUS ASSAULT SHIP 

17 PROGRAM. 

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

19 subsection (b), the total amount obligated or expended for 

20 procurement of each ship of the LHA Replacement 

21 (LHA(R)) amphibious assault ship program may not ex22 ceed $2,000,000,000. 

23 (b) ADJUSTMENT OF LIMITATION AMOUNT.—The 

24 Secretary of the Navy may adjust the amount set forth 
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1 in subsection (a) for the program referred to in that sub2 section by the following: 

3 (1) The amounts of increases or decreases in 

4 costs attributable to economic inflation after Sep5 tember 30, 2005. 

6 (2) The amounts of increases or decreases in 

7 costs attributable to compliance with changes in 

8 Federal, State, or local laws enacted after Sep9 tember 30, 2005. 

10 (c) WRITTEN NOTICE OF CHANGE IN AMOUNT.—The 

11 Secretary of the Navy shall annually submit to Congress, 

12 at the same time as the budget is submitted under section 

13 1105(a) of title 31, United States Code, written notice of 

14 any change in the amount set forth in subsection (a) dur15 ing the preceding fiscal year that the Secretary has deter16 mined to be associated with a cost referred to in sub17 section (b). 

18 (d) LIMITATION ON PROCUREMENT FUNDS.—Funds 

19 available to the Navy for Shipbuilding and Conversion, 

20 Navy, may be obligated or expended for procurement for 

21 the LHA Replacement ship program only after the Sec22 retary of Defense certifies in writing to the congressional 

23 defense committees that— 
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1 (1) the Joint Requirements Oversight Council 

2 has approved a detailed Operational Requirements 

3 Document for the program; and 

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

5 class of vessels. 

6 (e) STABLE DESIGN.—For purposes of this section, 

7 the design of a class of vessels shall be considered to be 

8 stable when no substantial change to the design is antici9 pated. 

10 SEC. 123. FUTURE MAJOR SURFACE COMBATANT, DE11 STROYER TYPE. 

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

13 subsection (b), the total amount obligated or expended for 

14 procurement of each ship for the future major surface 

15 combatant, destroyer type, may not exceed 

16 $1,700,000,000 (such amount being the estimated total 

17 procurement end cost of that ship in the fiscal year 2006 

18 budget). 

19 (b) ADJUSTMENT OF LIMITATION AMOUNT.—The 

20 Secretary of the Navy may adjust the amount set forth 

21 in subsection (a) for the ship type referred to in that sub22 section by the following: 

23 (1) The amounts of increases or decreases in 

24 costs attributable to economic inflation after Sep25 tember 30, 2005. 
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1 (2) The amounts of increases or decreases in 

2 costs attributable to compliance with changes in 

3 Federal, State, or local laws enacted after Sep4 tember 30, 2005. 

5 (c) WRITTEN NOTICE OF CHANGE IN AMOUNT.—The 

6 Secretary of the Navy shall annually submit to Congress, 

7 at the same time as the budget is submitted under section 

8 1105(a) of title 31, United States Code, written notice of 

9 any change in the amount set forth in subsection (a) dur10 ing the preceding fiscal year that the Secretary has deter11 mined to be associated with a cost referred to in sub12 section (b). 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—Of the 

14 amount provided in section 201(2) for Research and De15 velopment, Navy, for fiscal year 2006, $700,000,000 is 

16 available for technology development and demonstration 

17 for the ship referred to in subsection (a). 

18 (e) ACQUISITION PLAN.—In developing the acquisi19 tion plan for the future major surface combatant, de20 stroyer type, the Secretary shall ensure that the resulting 

21 acquisition program— 

22 (1) uses technologies from the DD(X) and 

23 CG(X) programs, as well as any other technology 

24 the Secretary considers appropriate; 
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1 (2) has an overall capability not less than that 

2 of the Flight IIA version of the Arleigh Burke 

3 (DDG–51) class destroyer; and 

4 (3) would be ready for lead-ship procurement 

5 not later than fiscal year 2011. 

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

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

8 subsection (b), the total amount obligated or expended for 

9 procurement of each ship for the Littoral Combat Ship 

10 (LCS) program, including amounts for mission modules, 

11 may not exceed $400,000,000 (such amount being the es12 timated total procurement end cost of that ship in the fis13 cal year 2006 budget). 

14 (b) ADJUSTMENT OF LIMITATION AMOUNT.—The 

15 Secretary of the Navy may adjust the amount set forth 

16 in subsection (a) for the ships referred to in that sub17 section by the following: 

18 (1) The amounts of increases or decreases in 

19 costs attributable to economic inflation after Sep20 tember 30, 2005. 

21 (2) The amounts of increases or decreases in 

22 costs attributable to compliance with changes in 

23 Federal, State, or local laws enacted after Sep24 tember 30, 2005. 
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1 (c) WRITTEN NOTICE OF CHANGE IN AMOUNT.—The 

2 Secretary of the Navy shall annually submit to Congress, 

3 at the same time as the budget is submitted under section 

4 1105(a) of title 31, United States Code, written notice of 

5 any change in the amount set forth in subsection (a) dur6 ing the preceding fiscal year that the Secretary has deter7 mined to be associated with a cost referred to in sub8 section (b). 

9 (d) LIMITATION ON SHIPS AND MISSION MOD10 ULES.—No funds available to the Navy may be used for 

11 the acquisition of Littoral Combat Ships, or Littoral Com12 bat Ship mission modules until the Secretary of Defense 

13 submits to the congressional defense committees— 

14 (1) the results of an operational evaluation of 

15 the first four Littoral Combat Ships conducted by 

16 the Director of Operational Test and Evaluation 

17 Force of the Department of Defense; and 

18 (2) the Secretary’s certification in writing that 

19 there exists a stable design for the Littoral Combat 

20 Ship class of vessels. 

21 (e) STABLE DESIGN.—For purposes of this section, 

22 the design of a class of vessels shall be considered to be 

23 stable when no substantial change to the design is antici24 pated. 
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1 SEC. 125. AUTHORIZATION OF TWO ADDITIONAL ARLEIGH 

2 BURKE CLASS DESTROYERS. 

3 Of the amount provided in section 102(a)(4) for 

4 Shipbuilding and Conversion, Navy, for fiscal year 2006, 

5 the amount of $2,500,000,000 is available for construction 

6 of two additional Arleigh Burke class destroyers, to be 

7 constructed under a single contract which shall be com8 petitively awarded. 

9 SEC. 126. REFUELING AND COMPLEX OVERHAUL OF THE 

10 U.S.S. CARL VINSON. 

11 (a) AMOUNT AUTHORIZED FROM SCN ACCOUNT.— 

12 Of the amount authorized to be appropriated by section 

13 102(a)(4), for fiscal year 2006, $1,493,563,000 is avail14 able for the commencement of the nuclear refueling and 

15 complex overhaul of the U.S.S. Carl Vinson (CVN–70). 

16 The amount made available in the preceding sentence is 

17 the first increment in the incremental funding planned for 

18 the nuclear refueling and complex overhaul of that vessel. 

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

20 Navy may enter into a contract during fiscal year 2006 

21 for the nuclear refueling and complex overhaul of the 

22 U.S.S. Carl Vinson. 

23 (c) CONDITION FOR OUT-YEAR CONTRACT PAY24 MENTS.—A contract entered into under subsection (b) 

25 shall provide that any obligation of the United States to 

26 make a payment under the contract for a fiscal year after 
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1 fiscal year 2006 is subject to the availability of appropria2 tions for that purpose for that later fiscal year. 

3 SEC. 127. REPORT ON PROPULSION SYSTEM ALTERNATIVES 

4 FOR SURFACE COMBATANTS. 

5 (a) REPORT REQUIRED.—The Secretary of the Navy 

6 shall submit to the congressional defense committees a re7 port on the results of the study directed by the Chief of 

8 Naval Operations and in progress in mid-2005 on alter9 native propulsion methods for surface combatant vessels 

10 of the Navy. The report shall be submitted not later than 

11 the date of the President’s submission of the budget of 

12 the United States Government for fiscal year 2007. 

13 (b) MATTERS TO BE INCLUDED.—The report of the 

14 Secretary of the Navy under subsection (a) shall include 

15 the following: 

16 (1) The objectives and scope of the study re17 ferred to in subsection (a) and the timeframes for 

18 analysis under the study and the key assumptions 

19 used in carrying out the study. 

20 (2) The methodology and analysis techniques 

21 used to conduct the study. 

22 (3) A description of current and future tech23 nology relating to propulsion that has been incor24 porated in recently-designed surface combatants or 
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1 is expected to be available within the next 10-to-20 

2 years. 

3 (4) The propulsion alternatives for surface com4 batants considered under the study and the analysis 

5 and evaluation under the study of each of those al6 ternatives from an operational and cost-effectiveness 

7 standpoint. 

8 (5) The conclusions and recommendations of 

9 the study, including those conclusions and rec10 ommendations that could impact the design of fu11 ture ships or lead to modifications of existing ships. 

12 (6) The Secretary’s intended actions and time13 frames for implementation, if any, of the findings 

14 and conclusions of the study. 

15 SEC. 128. AIRCRAFT CARRIER FORCE STRUCTURE. 

16 (a) REQUIREMENT FOR 12 OPERATIONAL AIRCRAFT

17 CARRIERS WITHIN THE NAVY.—Section 5062 of title 10, 

18 United States Code, is amended— 

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

20 subsections (c) and (d), respectively; and 

21 (2) by inserting after subsection (a) the fol22 lowing new subsection (b): 

23 ‘‘(b) The naval combat forces of the Navy shall in24 clude not less than 12 operational aircraft carriers. For 

25 purposes of this subsection, an operational aircraft carrier 
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1 includes an aircraft carrier that is temporarily unavailable 

2 for worldwide deployment due to routine or scheduled 

3 maintenance or repair.’’. 

4 (b) U.S.S. JOHN F. KENNEDY.— 

5 (1) FULLY MISSION CAPABLE STATUS.—The 

6 Secretary of Defense shall take all necessary actions 

7 to ensure that the U.S.S. John F. Kennedy (CVN– 

8 67) is maintained in a fully mission capable status. 

9 (2) MAINTENANCE.—From the amounts pro10 vided under section 301 for operation and mainte11 nance of the Navy for fiscal year 2006, $60,000,000 

12 is authorized for the operation and routine mainte13 nance of the U.S.S. John F. Kennedy. 

14 SEC. 129. CONTINGENT TRANSFER OF ADDITIONAL FUNDS 

15 FOR CVN–21 CARRIER REPLACEMENT PRO16 GRAM. 

17 If the Director of Program Analysis and Evaluation 

18 of the Office of the Secretary of Defense certifies to Con19 gress that an additional amount of $86,700,000 for fiscal 

20 year 2006 for advance procurement for the CVN–21 Car21 rier Replacement Program would allow construction of the 

22 CVN–21 vessel to begin in fiscal year 2007, then upon 

23 such certification the amount of $86,700,000 shall, to the 

24 extent provided in advance in appropriations Acts, be 

25 transferred from amounts available for fiscal year 2006 
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1 for Defense-wide Operation and Maintenance, to be de2 rived from amounts for Defense-wide Advisory and Assist3 ance Services, to amounts available for fiscal year 2006 

4 for Shipbuilding and Conversion, Navy, to be available for 

5 advance procurement for the CVN–21 Carrier Replace6 ment Program. 

7 Subtitle D—Air Force Programs 

8 SEC. 131. MULTIYEAR PROCUREMENT AUTHORITY FOR C–

9 17 AIRCRAFT. 

10 The Secretary of the Air Force may, in accordance 

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

12 into a multiyear contract, beginning with the fiscal year 

13 2006 program year, for procurement of up to 42 addi14 tional C–17 aircraft. 

15 Subtitle E—Joint and Multiservice 

16 Matters 

17 SEC. 141. REQUIREMENT THAT ALL TACTICAL UNMANNED 

18 AERIAL VEHICLES USE SPECIFIED STANDARD 

19 DATA LINK. 

20 (a) REQUIREMENT.—The Secretary of Defense shall 

21 take such steps as necessary to ensure that all tactical 

22 unmanned aerial vehicles (UAVs) of the Army, Navy, Ma23 rine Corps, and Air Force are equipped and configured 

24 so that— 
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1 (1) the data link used by those vehicles is the 

2 Department of Defense standard tactical unmanned 

3 aerial vehicle data link known as the Tactical Com4 mon Data Link (TCDL), until such time as the Tac5 tical Common Data Link standard is replaced by an 

6 updated standard for use by those vehicles; and 

7 (2) those vehicles use data formats consistent 

8 with the architectural standard for tactical un9 manned aerial vehicles known as STANAG 4586, 

10 developed to facilitate multinational interoperability 

11 among NATO member nations. 

12 (b) FUNDING LIMITATION.—After December 1, 

13 2006, no funds available to the Department of Defense 

14 may be used to equip a tactical unmanned aerial vehicle 

15 with data links other than as required by subsection 

16 (a)(1). 

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

18 Secretary of each military department shall submit to 

19 Congress a report on the status of compliance by all tac20 tical unmanned aerial vehicles under the jurisdiction of the 

21 Secretary with subsection (a). 

22 SEC. 142. LIMITATION ON INITIATION OF NEW UNMANNED 

23 AERIAL VEHICLE SYSTEMS. 

24 (a) LIMITATION.—Funds available to the Depart25 ment of Defense may not be used to procure an unmanned 
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1 aerial vehicle (UAV) system, including any air vehicle, 

2 data link, ground station, sensor, or other associated 

3 equipment for any such system, or to modify any such sys4 tem to include any form of armament, unless such pro5 curement or modification is authorized in writing in ad6 vance by the Under Secretary of Defense for Acquisition, 

7 Technology, and Logistics. 

8 (b) EXCEPTION FOR EXISTING SYSTEMS.—The limi9 tation in subsection (a) does not apply with respect to an 

10 unmanned aerial vehicle (UAV) system for which funds 

11 have been appropriated for procurement before the date 

12 of the enactment of this Act. 

13 TITLE II—RESEARCH, DEVELOP14 MENT, TEST, AND EVALUA15 TION 

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. Objective requirements for non-line-of-sight cannon system not to be 

diminished to meet weight requirements. 

Sec. 213. Independent analysis of Future Combat Systems manned ground vehicle transportability requirement. 

Sec. 214. Amounts for Armored Systems Modernization program. 

Sec. 215. Limitation on systems development and demonstration of manned 

ground vehicles under Armored Systems Modernization program. 

Sec. 216. Testing of Internet Protocol version 6 by Naval Research Laboratory. 

Sec. 217. Program to design and develop next-generation nuclear submarine. 

Sec. 218. Extension of requirements relating to management responsibility for 

naval mine countermeasures programs. 

Sec. 219. Single joint requirement for heavy lift rotorcraft. 
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Sec. 220. Requirements for development of tactical radio communications systems. 

Sec. 221. Limitation on systems development and demonstration of Personnel 

Recovery Vehicle. 

Sec. 222. Separate program element required for each significant research, development, test, and evaluation project. 

Sec. 223. Small Business Innovation Research Phase III Acceleration Pilot 

Program. 

Sec. 224. Revised requirements relating to submission of Joint Warfighting 

Science and Technology Plan. 

Sec. 225. Shipbuilding Industrial Base Improvement Program for development 

of innovative shipbuilding technologies, processes, and facilities. 

Sec. 226. Renewal of University National Oceanographic Laboratory System 

fleet. 

Sec. 227. Limitation on VXX helicopter program. 

Sec. 228. Funding for supersonic cruise missile engine qualification. 

Subtitle C—Missile Defense Programs 

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

missile defense systems. 

Sec. 232. Required flight-intercept test of ballistic missile defense groundbased 

midcourse system. 

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

4 Funds are hereby authorized to be appropriated for 

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

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

7 (1) For the Army, $9,777,372,000. 

8 (2) For the Navy, $18,022,140,000. 

9 (3) For the Air Force, $22,408,212,000. 

10 (4) For Defense-wide activities, 

11 $19,261,263,000, of which $168,458,000 is author12 ized for the Director of Operational Test and Eval13 uation. 
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1 SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECH2 NOLOGY. 

3 (a) FISCAL YEAR 2006.—Of the amounts authorized 

4 to be appropriated by section 201, $11,418,146,000 shall 

5 be available for the Defense Science and Technology Pro6 gram, including basic research, applied research, and ad7 vanced technology development projects. 

8 (b) BASIC RESEARCH, APPLIED RESEARCH, AND AD9 VANCED TECHNOLOGY DEVELOPMENT DEFINED.—For 

10 purposes of this section, the term ‘‘basic research, applied 

11 research, and advanced technology development’’ means 

12 work funded in program elements for defense research and 

13 development under Department of Defense category 6.1, 

14 6.2, or 6.3. 

15 Subtitle B—Program Require16 ments, Restrictions, and Limita17 tions 

18 SEC. 211. ANNUAL COMPTROLLER GENERAL REPORT ON 

19 FUTURE COMBAT SYSTEMS PROGRAM. 

20 (a) ANNUAL GAO REVIEW.—The Comptroller Gen21 eral shall conduct an annual review of the Future Combat 

22 Systems program and shall, not later than March 15 of 

23 each year, submit to Congress a report on the results of 

24 the most recent review. With each such report, the Comp25 troller General shall submit a certification as to whether 

26 the Comptroller General has had access to sufficient infor-
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1 mation to enable the Comptroller General to make in2 formed judgments on the matters covered by the report. 

3 (b) MATTERS TO BE INCLUDED.—Each report on the 

4 Future Combat Systems program under subsection (a) 

5 shall include the following with respect to research and 

6 development under the program: 

7 (1) The extent to which systems development 

8 and demonstration under the program is meeting es9 tablished goals, including the goals established for 

10 performance, key performance parameters, tech11 nology readiness levels, cost, and schedule. 

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

13 the projected budget for the next fiscal year, for all 

14 Department of Defense programs directly supporting 

15 the Future Combat Systems program and an evalua16 tion of the contribution each such program makes to 

17 meeting the goals established for performance, key 

18 performance parameters, and technology readiness 

19 levels of the Future Combat Systems program. 

20 (3) The plan for such systems development and 

21 demonstration (leading to production) for the fiscal 

22 year that begins in the year in which the report is 

23 submitted. 

24 (4) The Comptroller General’s conclusion re25 garding whether such systems development and dem-
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1 onstration (leading to production) is likely to be 

2 completed at a total cost not in excess of the amount 

3 specified (or to be specified) for such purpose in the 

4 Selected Acquisition report for the Future Combat 

5 Systems program under section 2432 of title 10, 

6 United States Code, for the first quarter of the fis7 cal year during which the report of the Comptroller 

8 General is submitted. 

9 (c) TERMINATION.—No report is required under this 

10 section after systems development and demonstration 

11 under the Future Combat Systems program is completed. 

12 SEC. 212. OBJECTIVE REQUIREMENTS FOR NON-LINE-OF13 SIGHT CANNON SYSTEM NOT TO BE DIMIN14 ISHED TO MEET WEIGHT REQUIREMENTS. 

15 In carrying out the program required by section 216 

16 of the Bob Stump National Defense Authorization Act for 

17 Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2482) 

18 to provide the Army with a non-line-of-sight cannon capa19 bility, the Secretary of Defense shall ensure that the objec20 tive requirements set forth in Appendix C of the Oper21 ational Requirements Document for the Future Combat 

22 Systems, dated April 14, 2003, are not reduced or dimin23 ished in order to achieve the weight requirements in exist24 ence as of April 14, 2003. 
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1 SEC. 213. INDEPENDENT ANALYSIS OF FUTURE COMBAT 

2 SYSTEMS MANNED GROUND VEHICLE TRANS3 PORTABILITY REQUIREMENT. 

4 (a) ANALYSIS REQUIRED.—The Secretary of Defense 

5 shall ensure that an independent analysis is carried out 

6 with respect to the transportability requirement for the 

7 manned ground vehicles under the Future Combat Sys8 tems program. The purpose of the analysis shall be to de9 termine whether— 

10 (1) the requirement can be supported by the 

11 projected extended planning period inter-theater and 

12 intra-theater airlift force structure; 

13 (2) the requirement is justified by any likely de14 ployment scenario envisioned by current operational 

15 plans; 

16 (3) mature technologies have been dem17 onstrated that allow the requirement to be met while 

18 demonstrating at least equal lethality and surviv19 ability compared with the manned ground vehicles 

20 intended to be replaced by such manned ground ve21 hicles; and 

22 (4) the projected unit procurement cost war23 rants the investment required to deploy such 

24 manned ground vehicles. 

25 (b) REPORT.—Not later than February 1, 2006, the 

26 Secretary shall submit to the congressional defense com-
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1 mittees a report on the results of the analysis required 

2 by subsection (a). 

3 SEC. 214. AMOUNTS FOR ARMORED SYSTEMS MODERNIZA4 TION PROGRAM. 

5 Of the amounts appropriated or otherwise made 

6 available pursuant to the authorization of appropriations 

7 in section 201 for the Armored Systems Modernization 

8 program— 

9 (1) $100,000,000 may be made available for 

10 manned ground vehicles in advanced component de11 velopment and prototypes; 

12 (2) $2,322,197,000 may be made available for 

13 future combat systems common operating environ14 ment in systems development and demonstration; 

15 (3) $47,203,000 may be made available for re16 connaissance platforms and sensors in advanced 

17 component development and prototypes; 

18 (4) $58,130,000 may be made available for re19 connaissance platforms and sensors in advanced 

20 technology development; 

21 (5) $2,504,000 may be made available for unat22 tended sensors in advanced component development 

23 and prototypes; and 
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1 (6) $86,445,000 may be made available for 

2 robotic ground systems in advanced component de3 velopment and prototypes. 

4 SEC. 215. LIMITATION ON SYSTEMS DEVELOPMENT AND 

5 DEMONSTRATION OF MANNED GROUND VE6 HICLES UNDER ARMORED SYSTEMS MOD7 ERNIZATION PROGRAM. 

8 Of the amounts appropriated or otherwise made 

9 available pursuant to the authorization of appropriations 

10 in section 201 for the Armored Systems Modernization 

11 program, no funds may be obligated for systems develop12 ment and demonstration of manned ground vehicles until 

13 the objective requirements for those vehicles with respect 

14 to lethality and survivability have been met and dem15 onstrated in a relevant environment to be at least equal 

16 to the lethality and survivability for the manned ground 

17 vehicles to be replaced by those vehicles. 

18 SEC. 216. TESTING OF INTERNET PROTOCOL VERSION 6 BY 

19 NAVAL RESEARCH LABORATORY. 

20 (a) IN GENERAL.—Section 331 of the Ronald W. 

21 Reagan National Defense Authorization Act for Fiscal 

22 Year 2005 (Public Law 108—375; 118 Stat. 1850) is 

23 amended— 

24 (1) by redesignating subsection (d) as sub25 section (e); 
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1 (2) by inserting after subsection (c) the fol2 lowing new subsection: 

3 ‘‘(d) TESTING AND EVALUATION BY NAVAL RE4 SEARCH LABORATORY.—In each of fiscal years 2006 

5 through 2008, the Secretary of Defense shall carry out 

6 subsection (c) through the Naval Research Laboratory.’’; 

7 and 

8 (3) in subsection (e) (as so redesignated) by 

9 adding at the end the following new paragraph: 

10 ‘‘(3) For each of fiscal years 2006 through 2008, the 

11 Secretary of Defense shall, not later than the end of that 

12 fiscal year, submit to the congressional defense committees 

13 a report on the testing and evaluation carried out pursu14 ant to subsection (d).’’. 

15 (b) FUNDING.—Of the amount authorized to be ap16 propriated by section 201(2), $10,000,000 shall be avail17 able in program element 63727D8Z only to carry out sec18 tion 331 of the Ronald W. Reagan National Defense Au19 thorization Act for Fiscal Year 2005. 

20 SEC. 217. PROGRAM TO DESIGN AND DEVELOP NEXT-GEN21 ERATION NUCLEAR SUBMARINE. 

22 (a) PROGRAM REQUIRED.—The Secretary of the 

23 Navy shall carry out a program to design and develop a 

24 class of nuclear submarines that will serve as a successor 

25 to the Virginia class of nuclear submarines. 
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1 (b) OBJECTIVE.—The objective of the program re2 quired by subsection (a) is to develop, for procurement be3 ginning with fiscal year 2014, a nuclear submarine that 

4 meets or exceeds the warfighting capability of a submarine 

5 of the Virginia class at a cost dramatically lower than the 

6 cost of a submarine of the Virginia class. 

7 (c) REPORT.— 

8 (1) IN GENERAL.—The Secretary of the Navy 

9 shall include, with the defense budget justification 

10 materials submitted in support of the President’s 

11 budget for fiscal year 2007 submitted to Congress 

12 under section 1105 of title 31, United States Code, 

13 a report on the program required by subsection (a). 

14 (2) CONTENTS.—The report shall include— 

15 (A) an outline of the management ap16 proach to be used in carrying out the program; 

17 (B) the goals for the program; and 

18 (C) a schedule for the program. 

19 SEC. 218. EXTENSION OF REQUIREMENTS RELATING TO 

20 MANAGEMENT RESPONSIBILITY FOR NAVAL 

21 MINE COUNTERMEASURES PROGRAMS. 

22 (a) IN GENERAL.—Section 216 of the National De23 fense Authorization Act for Fiscal Years 1992 and 1993 

24 (Public Law 102–190; 105 Stat. 1317), as most recently 

25 amended by section 212 of the Bob Stump National De-
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1 fense Authorization Act for Fiscal Year 2003 (Public Law 

2 107–314; 116 Stat. 2480), is amended— 

3 (1) in subsection (a), by striking ‘‘2008’’ and 

4 inserting ‘‘2011’’; 

5 (2) in subsection (b)(1) by inserting after ‘‘Sec6 retary of Defense’’ the following: ‘‘, and the Sec7 retary of Defense has forwarded to the congressional 

8 defense committees,’’; 

9 (3) in subsection (b)(2) by inserting before the 

10 semicolon at the end the following: ‘‘and, in so certi11 fying, shall ensure that the budget meets the re12 quirements of section 2437 of title 10, United States 

13 Code’’; and 

14 (4) by striking subsection (c) and inserting the 

15 following new subsection (c): 

16 ‘‘(c) NOTIFICATION OF CERTAIN PROPOSED

17 CHANGES.— 

18 ‘‘(1) IN GENERAL.—With respect to a fiscal 

19 year, the Secretary may not carry out any change to 

20 the naval mine countermeasures master plan or the 

21 budget resources for mine countermeasures with re22 spect to that fiscal year until after the Under Sec23 retary of Defense for Acquisition, Technology, and 

24 Logistics submits to the congressional defense com25 mittees a notification of the proposed change. Such 
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1 notification shall describe the nature of the proposed 

2 change and the effect of the proposed change on the 

3 naval mine countermeasures program or related pro4 grams with respect to that fiscal year. 

5 ‘‘(2) EXCEPTION.—Paragraph (1) does not 

6 apply to a change if both— 

7 ‘‘(A) the amount of the change is below 

8 the applicable reprogramming threshold; and 

9 ‘‘(B) the effect of the change does not af10 fect the validity of the decision to certify.’’. 

11 (b) SUSTAINMENT PLAN.—Not later than December 

12 31, 2005, the Secretary of Defense shall submit to the 

13 congressional defense committees a plan for sustaining the 

14 MHC–51 class mine countermeasures ships and sup15 porting dedicated mine countermeasures systems until the 

16 Littoral Combat Ship and next-generation mine counter17 measures systems are deployed and capable of assuming 

18 the mission of the MHC–51 class mine countermeasures 

19 ships. 

20 SEC. 219. SINGLE JOINT REQUIREMENT FOR HEAVY LIFT 

21 ROTORCRAFT. 

22 (a) JOINT REQUIREMENT.—The Secretary of the 

23 Army and the Secretary of the Navy shall develop a single 

24 joint requirement for a next-generation heavy lift rotor25 craft for the Army and the Marine Corps. 
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1 (b) APPROVAL BY JROC REQUIRED.—The Secretary 

2 of Defense may not authorize a new program start for 

3 the next-generation heavy lift rotocraft until the single 

4 joint requirement required by subsection (a) has been ap5 proved by the Joint Requirements Oversight Council. 

6 SEC. 220. REQUIREMENTS FOR DEVELOPMENT OF TAC7 TICAL RADIO COMMUNICATIONS SYSTEMS. 

8 (a) INTERIM TACTICAL RADIO COMMUNICATIONS.— 

9 The Secretary of Defense shall— 

10 (1) assess the immediate requirements of the 

11 military departments for tactical radio communica12 tions systems; and 

13 (2) ensure that the military departments rap14 idly acquire tactical radio communications systems 

15 utilizing existing technology or mature systems read16 ily available in the commercial marketplace. 

17 (b) JOINT TACTICAL RADIO SYSTEM.— 

18 (1) MILESTONE B.—The Secretary of Defense 

19 shall apply Department of Defense Instruction 

20 5000.2 to the Joint Tactical Radio System in a 

21 manner that does not permit the Milestone B en22 trance requirements to be waived. 

23 (2) MANAGEMENT OF FUNDS.—The head of the 

24 single joint program office designated under section 

25 213 of the National Defense Authorization Act for 
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1 Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

2 1416) shall manage and control all research and de3 velopment funds for the entire Joint Tactical Radio 

4 System, including all waveform development. 

5 (c) REPORT ON IMPLEMENTATION REQUIRED.—Not 

6 later than February 14, 2006, the Secretary of Defense 

7 shall submit to the Committee on Armed Services of the 

8 Senate and the Committee on Armed Services of the 

9 House of Representatives a report on the implementation 

10 of this section. 

11 SEC. 221. LIMITATION ON SYSTEMS DEVELOPMENT AND 

12 DEMONSTRATION OF PERSONNEL RECOVERY 

13 VEHICLE. 

14 None of the amounts made available pursuant to the 

15 authorization of appropriations in section 201 for systems 

16 development and demonstration of the Personnel Recovery 

17 Vehicle may be obligated until 30 days after the Secretary 

18 of Defense submits to the congressional defense commit19 tees each of the following: 

20 (1) The Secretary’s certification that the re21 quirements and schedule for the Personnel Recovery 

22 Vehicle have been validated by the Under Secretary 

23 of Defense for Acquisition, Technology, and Logis24 tics. 
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1 (2) The Secretary’s certification that all tech2 nologies required to meet the requirements (as vali3 dated under paragraph (1)) for the Personnel Recov4 ery Vehicle are mature and demonstrated in a rel5 evant environment. 

6 (3) The Secretary’s certification that no other 

7 aircraft, and no other modification of an aircraft, in 

8 the inventory of the Department of Defense can 

9 meet the requirements (as validated under para10 graph (1)) for the Personnel Recovery Vehicle. 

11 (4) A statement setting forth the independent 

12 cost estimate and manpower estimate (as required 

13 by section 2434 of title 10, United States Code) for 

14 the Personnel Recovery Vehicle. 

15 SEC. 222. SEPARATE PROGRAM ELEMENT REQUIRED FOR 

16 EACH SIGNIFICANT RESEARCH, DEVELOP17 MENT, TEST, AND EVALUATION PROJECT. 

18 (a) PROGRAM ELEMENTS SPECIFIED.—The Sec19 retary of Defense shall ensure that a project is assigned 

20 a separate, dedicated program element if— 

21 (1) the project is carried out or proposed to be 

22 carried out using amounts for research, develop23 ment, test, and evaluation activities; and 
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1 (2) the estimated expenditures and proposed 

2 appropriations for that project in the future-years 

3 defense program are $100,000,000 or more. 

4 (b) DISPLAY IN BUDGET JUSTIFICATION MATE5 RIALS.—In the budget justification materials submitted to 

6 Congress in support of the Department of Defense budget 

7 for any fiscal year (as submitted with the budget of the 

8 President under section 1105(a) of title 31, United States 

9 Code), the amount requested for research, development, 

10 test, and evaluation activities shall be set forth in a man11 ner that complies with subsection (a). 

12 (c) NOT APPLICABLE TO MISSILE DEFENSE.—This 

13 section does not apply to the Missile Defense Agency. 

14 SEC. 223. SMALL BUSINESS INNOVATION RESEARCH PHASE 

15 III ACCELERATION PILOT PROGRAM. 

16 (a) PILOT PROGRAM TO EXPAND ROLE OF SMALL

17 BUSINESS CONCERNS IN DEFENSE ACQUISITION.— 

18 (1) PILOT PROGRAM.—The Secretary of De19 fense shall designate the Secretary of a military de20 partment to carry out a pilot program, to be known 

21 as the ‘‘Small Business Innovation Research Phase 

22 III Acceleration Pilot Program’’ to expand the role 

23 of small business concerns in the defense acquisition 

24 process by designating certain Department of De25 fense research or research and development projects 
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1 for accelerated transition under the Small Business 

2 Innovation Research Program (in this section re3 ferred to as the SBIR program), as defined in sec4 tion 9(e)(4) of the Small Business Act (15 U.S.C. 

5 638(e)(4)). 

6 (2) ACCELERATED TRANSITION.—In this sec7 tion, the term ‘‘accelerated transition’’ means the ex8 peditious transfer under existing authority from the 

9 second phase of the SBIR program (as described in 

10 section 9(e)(4)(B) of the Small Business Act (15 

11 U.S.C. 638(e)(4)(B))) to the third phase, in which 

12 applications of research or research and development 

13 projects are funded (as described in section 

14 9(e)(4)(C)(i) of such Act). 

15 (b) DESIGNATION OF PROJECTS FOR ACCELERATED

16 TRANSITION.—For each of fiscal years 2006 through 

17 2008, the Secretary designated under subsection (a)(1) 

18 shall designate for accelerated transition under the pilot 

19 program under this section at least 10 research or re20 search and development projects for which funds have 

21 been provided by that Secretary through a second phase 

22 award under the SBIR program. 

23 (c) REPORT.—Not later than September 30, 2008, 

24 the Secretary of Defense shall submit to the congressional 

25 defense committees a report which contains the following: 
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1 (1) The name of each research or research and 

2 development project designated for accelerated tran3 sition under subsection (b). 

4 (2) The rationale behind the selection of each 

5 such project. 

6 (3) A recommendation as to whether the pilot 

7 program under this section should be extended. 

8 (d) DEFINITION.—In this section, the term ‘‘re9 search’’ or ‘‘research and development’’ has the same 

10 meaning as in section 9(e)(5) of the Small Business Act 

11 (15 U.S.C. 638(e)(5)). 

12 SEC. 224. REVISED REQUIREMENTS RELATING TO SUBMIS13 SION OF JOINT WARFIGHTING SCIENCE AND 

14 TECHNOLOGY PLAN. 

15 (a) BIENNIAL SUBMITTAL.—Section 270 of the Na16 tional Defense Authorization Act for Fiscal Year 1997 

17 (Public Law 104–201; 10 U.S.C. 2501 note) is amend18 ed— 

19 (1) by striking ‘‘ANNUAL’’ in the section head20 ing and inserting ‘‘BIENNIAL’’; and 

21 (2) by striking ‘‘(a) ANNUAL PLAN RE22 QUIRED.—On March 1 of each year’’ and inserting 

23 ‘‘Not later than March 1 of each even-numbered 

24 year,’’. 
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1 (b) REPEAL OF REQUIREMENT FOR INCLUSION OF

2 TECHNOLOGY AREA REVIEW AND ASSESSMENT SUM3 MARIES.—Subsection (b) of such section is repealed. 

4 SEC. 225. SHIPBUILDING INDUSTRIAL BASE IMPROVEMENT 

5 PROGRAM FOR DEVELOPMENT OF INNOVA6 TIVE SHIPBUILDING TECHNOLOGIES, PROC7 ESSES, AND FACILITIES. 

8 (a) PROGRAM FOR UNITED STATES PRIVATE SHIP9 YARDS.—The Secretary of the Navy shall establish a pro10 gram under which the Secretary shall provide funds, in 

11 such amounts as are made available to carry out this pro12 gram— 

13 (1) to qualified applicants to facilitate the de14 velopment of innovative design and production tech15 nologies and processes for naval vessels and the de16 velopment of modernized shipbuilding infrastructure; 

17 and 

18 (2) to private shipyards to facilitate their acqui19 sition of such technologies, processes, and infrastruc20 ture. 

21 (b) PURPOSES OF PROGRAM.—The purposes of the 

22 program referred to in subsection (a) are— 

23 (1) to improve the efficiency and cost-effective24 ness of the construction of naval vessels for the 

25 United States; 
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1 (2) to enhance the quality of naval vessel con2 struction; and 

3 (3) to promote the international competitiveness 

4 of United States shipyards for the construction of 

5 commercial ships and naval ships intended for sale 

6 to foreign governments. 

7 (c) APPLICATION FOR DEVELOPMENT FUNDING.— 

8 An entity requesting assistance under the program re9 ferred to in subsection (a) to develop new design or pro10 duction technologies or processes for naval vessels or to 

11 improve shipbuilding infrastructure shall submit to the 

12 Secretary of the Navy an application that describes the 

13 proposal of the entity and provides evidence of its capa14 bility to develop one or more of the following: 

15 (1) Numerically controlled machine tools, ro16 bots, automated process control equipment, comput17 erized flexible manufacturing systems, associated 

18 computer software, and other technology designed to 

19 improve shipbuilding and related industrial produc20 tivity. 

21 (2) Novel techniques and processes designed to 

22 improve shipbuilding quality, productivity, and prac23 tice on a broad and sustained basis, including in 

24 such areas as engineering design, quality assurance, 

25 concurrent engineering, continuous process produc-
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1 tion technology, employee skills enhancement, and 

2 management of customers and suppliers. 

3 (3) Technology, techniques, and processes ap4 propriate to enhancing the productivity of shipyard 

5 infrastructure. 

6 (d) SELECTION OF PARTICIPATING ENTITIES.— 

7 Using the applications submitted under subsection (c), the 

8 Secretary of the Navy shall select entities to receive funds 

9 under subsection (a)(1) based on their ability to research 

10 and develop innovative technologies, processes, and infra11 structure to alleviate areas of shipyard construction ineffi12 ciencies discovered under the assessment described in sub13 section (f). 

14 (e) SHIPYARD USE OF DEVELOPED TECHNOLOGIES, 

15 PROCESSES, AND INFRASTRUCTURE.—Upon making a de16 termination that a technology, process, or infrastructure 

17 improvement developed using funds provided under sub18 section (a)(1) will improve the productivity and cost-effec19 tiveness of naval vessel construction, the Secretary of the 

20 Navy may provide funds under subsection (a)(2) to a ship21 yard to facilitate the purchase of such technology, process, 

22 or infrastructure improvement. 

23 (f) ASSESSMENTS OF NAVAL VESSEL CONSTRUCTION

24 INEFFICIENCIES.— 
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1 (1) PERIODIC ASSESSMENTS REQUIRED.—The 

2 Secretary of the Navy shall conduct, in the third 

3 quarter of each fiscal year or as often as necessary, 

4 an assessment of the following aspects of naval ves5 sel construction to determine where and to what ex6 tent inefficiencies exist and to what extent innovative 

7 design and production technologies, processes, and 

8 infrastructure can be developed to alleviate such in9 efficiencies: 

10 (A) Program design, engineering, and pro11 duction engineering. 

12 (B) Organization and operating systems. 

13 (C) Steelwork production. 

14 (D) Ship construction and outfitting. 

15 (2) RELATION TO INDEPENDENT NAVY SHIP

16 CONSTRUCTION ASSESSMENT.—The assessments re17 quired by paragraph (1) shall occur subsequent to, 

18 and take into consideration the results of, the study 

19 of the cost effectiveness of the ship construction pro20 gram of the Navy required by section 1014 of the 

21 Ronald W. Reagan National Defense Authorization 

22 Act for Fiscal Year 2005 (Public Law 108–375; 118 

23 Stat. 2041). 

24 (g) AVAILABILITY OF FUNDS.—Of the amount au25 thorized to be appropriated pursuant to section 201(2) for 
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1 research, development, test, and evaluation for the Navy, 

2 $100,000,000 shall be available to the Secretary of the 

3 Navy only to provide assistance under this section. 

4 (h) DEFINITIONS.—In this section: 

5 (1) The term ‘‘shipyard’’ means a private ship6 yard located in the United States whose business in7 cludes the construction, repair, and maintenance of 

8 United States naval vessels. 

9 (2) The term ‘‘vessel’’ has the meaning given 

10 such term in title 1, United States Code. 

11 SEC. 226. RENEWAL OF UNIVERSITY NATIONAL OCEANO12 GRAPHIC LABORATORY SYSTEM FLEET. 

13 (a) PROGRAM PLAN.—The Secretary of the Navy 

14 shall develop a plan for a program to renew the University 

15 National Oceanographic Laboratory System (UNOLS) 

16 fleet. The Secretary shall include in the plan provisions 

17 for the construction of up to four Ocean-class ships. 

18 (b) FUNDING FOR PRELIMINARY DESIGN AND FEASI19 BILITY STUDIES.—Of the amount provided in section 201 

20 for fiscal year 2006 for the Navy, $4,000,000 is available, 

21 through Program Element PE 63564N (Ship Preliminary 

22 Design and Feasibility Studies), to conduct feasibility as23 sessments and initiate design of the first Ocean-class ship 

24 that would be constructed under the program referred to 

25 in subsection (a). 
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1 SEC. 227. LIMITATION ON VXX HELICOPTER PROGRAM. 

2 No funds available to the Department of Defense for 

3 research, development, test, and evaluation, or for pro4 curement, may be obligated for acquisition of pilot produc5 tion helicopters for the VXX helicopter program until the 

6 Secretary of the Navy certifies to the congressional de7 fense committees that the results of tests conducted by 

8 the fleet of test article helicopters for the VXX program 

9 demonstrate that VXX helicopters in the VXX mission 

10 configuration can be produced without significant further 

11 design modification. 

12 SEC. 228. FUNDING FOR SUPERSONIC CRUISE MISSILE EN13 GINE QUALIFICATION. 

14 (a) IN GENERAL.—The amount in section 201(3) for 

15 research, development, test, and evaluation, Air Force, is 

16 hereby increased by $10,000,000, to be available for su17 personic cruise missile engine qualification, program ele18 ment 0603216F, project 4921. 

19 (b) OFFSET.—The amount in section 104 for pro20 curement, Defense-wide, is hereby reduced by 

21 $10,000,000, to be derived from the chemical demilitariza22 tion program. 
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1 Subtitle C—Missile Defense 

2 Programs 

3 SEC. 231. REPORT ON CAPABILITIES AND COSTS FOR OPER4 ATIONAL BOOST/ASCENT-PHASE MISSILE DE5 FENSE SYSTEMS. 

6 (a) SECRETARY OF DEFENSE ASSESSMENT.—The 

7 Secretary of Defense shall conduct an assessment of the 

8 United States missile defense programs that are designed 

9 to provide capability against threat ballistic missiles in the 

10 boost/ascent phase of flight. 

11 (b) PURPOSE.—The purpose of the assessment shall 

12 be to compare and contrast— 

13 (1) capabilities of those programs (if oper14 ational) to defeat, while in the boost/ascent phase of 

15 flight, ballistic missiles launched from North Korea 

16 or a location in the Middle East against the conti17 nental United States, Alaska, or Hawaii; and 

18 (2) asset requirements and costs for those pro19 grams to become operational with the capabilities re20 ferred to in paragraph (1). 

21 (c) REPORT.—Not later than October 1, 2006, the 

22 Secretary shall submit to Congress a report providing the 

23 results of the assessment. 
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1 SEC. 232. REQUIRED FLIGHT-INTERCEPT TEST OF BAL2 LISTIC MISSILE DEFENSE GROUNDBASED 

3 MIDCOURSE SYSTEM. 

4 Of the amount provided for the Missile Defense 

5 Agency in section 201(4) for defense-wide research, devel6 opment, test, and evaluation, the amount of 

7 $100,000,000, in addition to amounts otherwise available 

8 for the Ballistic Missile Defense Midcourse Defense Seg9 ment, shall be provided to conduct one flight-intercept test 

10 of the Ballistic Missile Defense Groundbased Midcourse 

11 system in addition to the flight tests planned for that sys12 tem as of the submission of the President’s budget for fis13 cal year 2006. The interceptor for such additional flight14 intercept test shall be launched from an operational silo, 

15 and the test shall be conducted as soon as practicable. 

16 TITLE III—OPERATION AND 

17 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. Revision of required content of environmental quality annual report. 

Sec. 312. Pilot project on compatible use buffers on real property bordering 

Fort Carson, Colorado. 

Sec. 313. Repeal of Air Force report on military installation encroachment 

issues. 

Sec. 314. Payment of certain private cleanup costs in connection with Defense 

Environmental Restoration Program. 

Sec. 315. Study on use of biodiesel and ethanol fuel. 

Subtitle C—Workplace and Depot Issues 
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Sec. 321. Proceeds from cooperative activities with non-Army entities. 

Sec. 322. Public-private competition. 

Sec. 323. Public-private competition pilot program. 

Sec. 324. Sense of Congress on equitable legal standing for civilian employees. 

Subtitle D—Extension of Program Authorities 

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

weapons systems contractors. 

Sec. 332. Extension and revision of temporary authority for contractor performance of security guard functions. 

Subtitle E—Utah Test and Training Range 

Sec. 341. Definitions. 

Sec. 342. Military operations and overflights, Utah Test and Training Range. 

Sec. 343. Planning process for Federal lands in Utah Test and Training 

Range. 

Sec. 344. Designation and management of Cedar Mountain Wilderness, Utah. 

Sec. 345. Identification of additional Bureau of Land Management land in 

Utah as trust land for Skull Valley Band of Goshutes. 

Sec. 346. Relation to other lands and laws. 

Subtitle F—Other Matters 

Sec. 351. Codification and revision of limitation on modification of major items 

of equipment scheduled for retirement or disposal. 

Sec. 352. Limitation on purchase of investment items with operation and maintenance funds. 

Sec. 353. Provision of Department of Defense support for certain paralympic 

sporting events. 

Sec. 354. Development and explanation of budget models for base operations 

support, sustainment, and facilities recapitalization. 

Sec. 355. Report on Department of Army programs for prepositioning of equipment and other materiel. 

Sec. 356. Report regarding effect on military readiness of undocumented immigrants trespassing upon operational ranges. 

Sec. 357. Congressional notification requirements regarding placement of liquefied natural gas facilities, pipelines, and related structures on 

defense lands. 

Sec. 358. Report regarding army and air force exchange system management 

of army lodging. 

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

4 Funds are hereby authorized to be appropriated for 

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

6 activities and agencies of the Department of Defense for 
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1 expenses, not otherwise provided for, for operation and 

2 maintenance, in amounts as follows: 

3 (1) For the Army, $24,383,873,000. 

4 (2) For the Navy, $30,312,736,000. 

5 (3) For the Marine Corps, $3,631,277,000. 

6 (4) For the Air Force, $30,559,135,000. 

7 (5) For Defense-wide activities, 

8 $18,375,781,000. 

9 (6) For the Army Reserve, $1,998,282,000. 

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

11 (8) For the Marine Corps Reserve, 

12 $207,434,000. 

13 (9) For the Air Force Reserve, $2,501,686,000. 

14 (10) For the Army National Guard, 

15 $4,521,119,000. 

16 (11) For the Air National Guard, 

17 $4,727,091,000. 

18 (12) For the United States Court of Appeals 

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

20 (13) For Environmental Restoration, Army, 

21 $407,865,000. 

22 (14) For Environmental Restoration, Navy, 

23 $305,275,000. 

24 (15) For Environmental Restoration, Air Force, 

25 $406,461,000. 
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1 (16) For Environmental Restoration, Defense2 wide, $28,167,000. 

3 (17) For Environmental Restoration, Formerly 

4 Used Defense Sites, $221,921,000. 

5 (18) For Overseas Humanitarian, Disaster, and 

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

7 (19) For Cooperative Threat Reduction pro8 grams, $415,549,000. 

9 (20) For the Overseas Contingency Operations 

10 Transfer Fund, $20,000,000. 

11 SEC. 302. WORKING CAPITAL FUNDS. 

12 Funds are hereby authorized to be appropriated for 

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

14 activities and agencies of the Department of Defense for 

15 providing capital for working capital and revolving funds 

16 in amounts as follows: 

17 (1) For the Defense Working Capital Funds, 

18 $316,340,000. 

19 (2) For the National Defense Sealift Fund, 

20 $1,697,023,000. 

21 (3) For the Defense Working Capital Fund, 

22 Defense Commissary, $1,155,000,000. 

23 SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

24 (a) DEFENSE HEALTH PROGRAM.—Funds are here25 by authorized to be appropriated for the Department of 
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1 Defense for fiscal year 2006 for expenses, not otherwise 

2 provided for, for the Defense Health Program, in the 

3 amount of $19,756,194,000, of which— 

4 (1) $19,204,219,000 is for Operation and 

5 Maintenance; 

6 (2) $176,656,000 is for Research, Development, 

7 Test, and Evaluation; and 

8 (3) $375,319,000 is for Procurement. 

9 (b) CHEMICAL AGENTS AND MUNITIONS DESTRUC10 TION, DEFENSE.— 

11 (1) AUTHORIZATION OF APPROPRIATIONS.— 

12 Funds are hereby authorized to be appropriated for 

13 the Department of Defense for fiscal year 2006 for 

14 expenses, not otherwise provided for, for Chemical 

15 Agents and Munitions Destruction, Defense, in the 

16 amount of $1,405,827,000, of which— 

17 (A) $1,241,514,000 is for Operation and 

18 Maintenance; 

19 (B) $116,527,000 is for Research, Devel20 opment, Test, and Evaluation; and 

21 (C) $47,786,000 is for Procurement. 

22 (2) USE.—Amounts authorized to be appro23 priated under paragraph (1) are authorized for— 

24 (A) the destruction of lethal chemical 

25 agents and munitions in accordance with sec-
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1 tion 1412 of the Department of Defense Au2 thorization Act, 1986 (50 U.S.C. 1521); and 

3 (B) the destruction of chemical warfare 

4 materiel of the United States that is not cov5 ered by section 1412 of such Act. 

6 (c) DRUG INTERDICTION AND COUNTER-DRUG AC7 TIVITIES, DEFENSE-WIDE.—Funds are hereby authorized 

8 to be appropriated for the Department of Defense for fis9 cal year 2006 for expenses, not otherwise provided for, for 

10 Drug Interdiction and Counter-Drug Activities, Defense11 wide, in the amount of $895,741,000. 

12 (d) DEFENSE INSPECTOR GENERAL.—Funds are 

13 hereby authorized to be appropriated for the Department 

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

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

16 the Department of Defense, in the amount of 

17 $174,487,000, of which— 

18 (1) $173,487,000 is for Operation and Mainte19 nance; and 

20 (2) $1,000,000 is for Procurement. 
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1 Subtitle B—Environmental 

2 Provisions 

3 SEC. 311. REVISION OF REQUIRED CONTENT OF ENVIRON4 MENTAL QUALITY ANNUAL REPORT. 

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

6 is amended— 

7 (1) by striking subparagraphs (D), (E), and 

8 (F); and 

9 (2) by inserting after subparagraph (C) the fol10 lowing new subparagraph (D): 

11 ‘‘(D) A statement of the amounts expended, 

12 and anticipated to be expended, during the period 

13 covered by the report for any activities overseas re14 lated to the environment, including amounts for ac15 tivities relating to environmental remediation, com16 pliance, conservation, and pollution prevention.’’. 

17 SEC. 312. PILOT PROJECT ON COMPATIBLE USE BUFFERS 

18 ON REAL PROPERTY BORDERING FORT CAR19 SON, COLORADO. 

20 (a) PILOT PROJECT REQUIRED.—The Secretary of 

21 Defense shall carry out a pilot project at Fort Carson, 

22 Colorado, for purposes of evaluating the feasibility and ef23 fectiveness of utilizing conservation easements and leases 

24 granted by one or more willing eligible entity to limit de-
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1 velopment on real property in the vicinity of military in2 stallations in the United States. 

3 (b) PHASES.—The Secretary shall carry out the pilot 

4 project in four phases, as specified in the Fort Carson 

5 Army Compatible Use Buffer Project. 

6 (c) LEASE AND EASEMENT AGREEMENTS; PUR7 POSE.—Under the pilot project, the Secretary shall enter 

8 into agreements with one or more willing eligible entities 

9 to purchase from the entity or entities one or more con10 servation easements, or to lease from the entity or entities 

11 one or more conservation leases, on real property in the 

12 vicinity of Fort Carson for the purposes of limiting any 

13 development or use of the property that would be incom14 patible with the current and anticipated future missions 

15 of Fort Carson. 

16 (d) ENCROACHMENTS AND OTHER CONSTRAINTS ON

17 USE.—In entering into agreements under the pilot 

18 project, the Secretary may utilize, subject to this section, 

19 the authority for agreements under subsection (c) to limit 

20 encroachments and other constraints on military training, 

21 testing, and operations under section 2684a of title 10, 

22 United States Code. 

23 (e) EXPIRATION.—The authority of the Secretary to 

24 enter into agreements under the pilot project shall expire 

25 on the earlier of— 
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1 (1) the date of the completion of phase IV of 

2 the Fort Carson Army Compatible Use Buffer 

3 Project; or 

4 (2) the date that is five years after the date of 

5 the enactment of this Act. 

6 (f) DEFINITIONS.—In this section: 

7 (1) The term ‘‘eligible entity’’ means any of the 

8 following: 

9 (A) The State of Colorado or a political 

10 subdivision of the State. 

11 (B) A private entity that has as its stated 

12 principal organizational purpose or goal the 

13 conservation, restoration, or preservation of 

14 land and natural resources, or a similar purpose 

15 or goal, as determined by the Secretary. 

16 (2) The term ‘‘Fort Carson Army Compatible 

17 Use Buffer Project’’ means the plan developed for 

18 Fort Carson to use conservation easements and 

19 leases on property in the vicinity of Fort Carson to 

20 create a land buffer to accommodate current and fu21 ture missions at Fort Carson, while also conserving 

22 sensitive natural resources. 
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1 SEC. 313. REPEAL OF AIR FORCE REPORT ON MILITARY IN2 STALLATION ENCROACHMENT ISSUES. 

3 Section 315 of the Ronald W. Reagan National De4 fense Authorization Act for Fiscal Year 2005 (Public Law 

5 108–375; 118 Stat. 1843) is repealed. 

6 SEC. 314. PAYMENT OF CERTAIN PRIVATE CLEANUP COSTS 

7 IN CONNECTION WITH DEFENSE ENVIRON8 MENTAL RESTORATION PROGRAM. 

9 (a) ACTIVITIES AT FORMER DEFENSE PROPERTY

10 SUBJECT TO COVENANT FOR ADDITIONAL REMEDIAL AC11 TION.—Section 2701(d) of title 10, United States Code, 

12 is amended— 

13 (1) in paragraph (1)— 

14 (A) by inserting ‘‘any owner of covenant 

15 property,’’ after ‘‘any Indian tribe,’’; and 

16 (B) by inserting ‘‘owner,’’ after ‘‘, Indian 

17 tribe,’’; 

18 (2) in paragraph (3), by adding at the end the 

19 following new sentence: ‘‘An agreement under such 

20 paragraph with respect to a site also may not 

21 change the cleanup standards selected for the site 

22 pursuant to law.’’; 

23 (3) in paragraph (4), by adding at the end the 

24 following new subparagraph: 

25 ‘‘(C) The term ‘owner of covenant prop26 erty’ means an owner of property subject to a 
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1 covenant provided by the United States in ac2 cordance with the requirements of paragraphs 

3 (3) and (4) of section 120(h) of CERCLA (42 

4 U.S.C. 9620(h)), so long as the covenant prop5 erty is the site at which the services procured 

6 under paragraph (1) are to be performed.’’; and 

7 (4) by adding at the end the following new 

8 paragraph: 

9 ‘‘(5) SAVINGS CLAUSE.—Nothing in this sub10 section affects the applicability of section 120 of 

11 CERCLA (42 U.S.C. 6920) to the Department of 

12 Defense or the obligations and responsibilities of the 

13 Department of Defense under subsection (h) of such 

14 section.’’. 

15 (b) SOURCE OF FUNDS FOR FORMER BRAC PROP16 ERTY SUBJECT TO COVENANT FOR ADDITIONAL REME17 DIAL ACTION.—Section 2703 of such title is amended— 

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

19 source’’ and inserting ‘‘Except as provided in sub20 section (h), the sole source’’; and 

21 (2) by adding at the end the following new sub22 section: 

23 ‘‘(h) SOLE SOURCE OF FUNDS FOR ENVIRONMENTAL

24 REMEDIATION AT CERTAIN BASE REALIGNMENT AND

25 CLOSURE SITES.—In the case of property disposed of pur-
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1 suant to a base closure law and subject to a covenant that 

2 was required to be provided by paragraphs (3) and (4) 

3 of section 120(h) of CERCLA (42 U.S.C. 9620(h)), the 

4 sole source of funds for services procured under subsection 

5 2701(d)(1) of this title shall be the applicable Department 

6 of Defense base closure account.’’. 

7 SEC. 315. STUDY ON USE OF BIODIESEL AND ETHANOL 

8 FUEL. 

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

10 conduct a study on the use of biodiesel and ethanol fuel 

11 by the Armed Forces and the Defense Agencies and any 

12 measures that can be taken to increase such use. 

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

14 (1) a review and assessment of potential re15 quirements for increased use of biodiesel and ethanol 

16 fuel within the Department of Defense and research 

17 and development efforts required to meet those in18 creased requirements; 

19 (2) based on the review in subparagraph (1), a 

20 forecast of the requirements of the Armed Forces 

21 and the Defense Agencies for biodiesel and ethanol 

22 fuels for each of fiscal years 2007 through 2012; 

23 (3) an assessment of the current and future 

24 commercial availability of biodiesel and ethanol fuel, 

25 including facilities for the production, storage, trans-
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1 portation, distribution, and commercial sale of such 

2 fuel; 

3 (4) a review of the actions of the Department 

4 of Defense to coordinate with State, local, and pri5 vate entities to support the expansion and use of al6 ternative fuel refueling stations that are accessible to 

7 the public; and 

8 (5) an assessment of the fueling infrastructure 

9 on military installations in the United States, includ10 ing storage and distribution facilities, that could be 

11 adapted or converted for the delivery of biodiesel and 

12 ethanol fuel. 

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

14 Secretary shall submit to the congressional defense com15 mittees a report on the study conducted under subsection 

16 (a). 

17 (d) DEFINITIONS.—In this section: 

18 (1) The term ‘‘ethanol fuel’’ means fuel that is 

19 85 percent ethyl alcohol. 

20 (2) The term ‘‘biodiesel’’ means a diesel fuel 

21 substitute produced from nonpetroleum renewable 

22 resources that meets the registration requirements 

23 for fuels and fuel additives established by the Envi24 ronmental Protection Agency under section 7545 of 

25 title 42, United States Code. 
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1 Subtitle C—Workplace and Depot 

2 Issues 

3 SEC. 321. PROCEEDS FROM COOPERATIVE ACTIVITIES 

4 WITH NON-ARMY ENTITIES. 

5 Section 4544 of title 10, United States Code, is 

6 amended— 

7 (1) by redesignating subsections (h) through (j) 

8 as subsections (i) through (k), respectively; and 

9 (2) by inserting after subsection (g) the fol10 lowing new subsection: 

11 ‘‘(h) PROCEEDS CREDITED TO WORKING CAPITAL

12 FUND.—Proceeds received from the sale of an article or 

13 service pursuant to a contract or other cooperative ar14 rangement under this section shall be credited to the work15 ing capital fund that incurs the cost of manufacturing the 

16 article or performing the service.’’. 

17 SEC. 322. PUBLIC-PRIVATE COMPETITION. 

18 Section 2461(b) of title 10, United States Code, is 

19 amended by adding at the end the following new para20 graph: 

21 ‘‘(5)(A) A function of the Department of De22 fense performed by 10 or more civilian employees 

23 may not be converted, in whole or in part, to per24 formance by a contractor unless the conversion is 
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1 based on the results of a public-private competition 

2 process that— 

3 ‘‘(i) formally compares the cost of civilian 

4 employee performance of the function with the 

5 costs of performance by a contractor; 

6 ‘‘(ii) creates an agency tender, including a 

7 most efficient organization plan, in accordance 

8 with Office of Management and Budget Cir9 cular A–76, as implemented on May 29, 2003; 

10 ‘‘(iii) determines whether the submitted of11 fers meet the needs of the Department of De12 fense with respect to factors other than cost, in13 cluding quality and reliability; and 

14 ‘‘(iv) requires continued performance of 

15 the function by civilian employees if the dif16 ference in the cost of performance of the func17 tion by a contractor compared to the civilian 

18 employees would, over all performance periods 

19 required by the solicitation, be less than— 

20 ‘‘(I) 10 percent of the personnel-re21 lated costs for performance of that activity 

22 or function in the agency tender; or 

23 ‘‘(II) $10,000,000. 

24 ‘‘(B) An activity that is performed by the De25 partment of Defense and is reengineered, reorga-
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1 nized, modernized, upgraded, expanded, or changed 

2 to become more efficient, but still essentially pro3 vides the same service, shall not be considered a new 

4 requirement. 

5 ‘‘(C) In no case may a commercial or industrial 

6 type function being performed by Department of De7 fense personnel be modified, reorganized, divided, or 

8 in any way changed for the purpose of exempting 

9 from the requirements of subsection (a) the change 

10 of all or any part of such function to performance 

11 by a private contractor. 

12 ‘‘(D) The Secretary of Defense may waive the 

13 competition requirement in specific instances if— 

14 ‘‘(i) the written waiver is prepared by the 

15 Secretary of Defense, or the relevant Assistant 

16 Secretary or agency head; and 

17 ‘‘(ii) the written waiver is accompanied by 

18 a detailed determination that national security 

19 interests are so compelling as to preclude com20 pliance with the requirement for a public-pri21 vate competition.’’. 

22 SEC. 323. PUBLIC-PRIVATE COMPETITION PILOT PROGRAM. 

23 (a) ESTABLISHMENT.—The Secretary of Defense 

24 shall establish a pilot program to examine the use of the 

25 public-private competition process of Office of Manage-
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1 ment and Budget Circular A–76, as defined by such Cir2 cular, and functions currently being performed by contrac3 tors that could be performed by civilian employees of the 

4 Department of Defense. 

5 (b) PROCESS AND CRITERIA.— 

6 (1) The process and criteria for competition 

7 under the pilot program established in subsection (a) 

8 shall be consistent with the criteria for conducting a 

9 similar competition for work performed by the public 

10 sector. 

11 (2) The pilot program shall include not less 

12 than four competitions. 

13 (c) REPORT.—The Secretary of Defense shall submit 

14 a report to Congress on the results of the competitions 

15 conducted under the pilot program and any potential ben16 efit or detriment of expanding the pilot program. 

17 (d) TERMINATION.—The pilot program established 

18 under this subsection shall terminate on the date that is 

19 three years after the date of the enactment of this Act. 

20 SEC. 324. SENSE OF CONGRESS ON EQUITABLE LEGAL 

21 STANDING FOR CIVILIAN EMPLOYEES. 

22 It is the sense of Congress that, in order to ensure 

23 that when public-private competitions are held, they are 

24 conducted as fairly, effectively, and efficiently as possible, 

25 competing parties, both Department of Defense civilian 
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1 employees (or their representatives) and contractors (or 

2 their representatives), should receive comparable treat3 ment throughout the competition regarding access to rel4 evant information and legal standing to challenge the way 

5 a competition has been conducted at all appropriate fo6 rums. 

7 Subtitle D—Extension of Program 

8 Authorities 

9 SEC. 331. EXTENSION OF AUTHORITY TO PROVIDE LOGIS10 TICS SUPPORT AND SERVICES FOR WEAPONS 

11 SYSTEMS CONTRACTORS. 

12 Section 365(g)(1) of the Bob Stump National De13 fense Authorization Act for Fiscal Year 2003 (Public Law 

14 107–314; 116 Stat. 2521; 10 U.S.C. 2302 note) is amend15 ed by striking ‘‘2007’’ and inserting ‘‘2010’’. 

16 SEC. 332. EXTENSION AND REVISION OF TEMPORARY AU17 THORITY FOR CONTRACTOR PERFORMANCE 

18 OF SECURITY GUARD FUNCTIONS. 

19 Section 332(c) of the Bob Stump National Defense 

20 Authorization Act for Fiscal Year 2003 (Public Law 107– 

21 314; 116 Stat. 2513) is amended— 

22 (1) by striking ‘‘2006’’ each place it appears 

23 and inserting ‘‘2008’’; and 

24 (2) by adding at the end the following new 

25 paragraphs: 
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1 ‘‘(3) No contract, subcontract, or task order for the 

2 performance of security-guard functions at a military in3 stallation or facility in the United States awarded before 

4 September 30, 2006, shall be extended beyond September 

5 30, 2006. 

6 ‘‘(4) A contract for the performance of security-guard 

7 functions at a military installation or facility in the United 

8 States awarded on or after September 30, 2006, shall be 

9 awarded using full and open competition, as authorized 

10 under section 2304 of title 10, United States Code. Sec11 tion 602 of the Business Opportunity Development Re12 form Act of 1988 (Public Law 100–656; 15 U.S.C. 637 

13 note) shall not apply to such a contract.’’. 

14 Subtitle E—Utah Test and Training 

15 Range 

16 SEC. 341. DEFINITIONS. 

17 In this subtitle: 

18 (1) The term ‘‘covered wilderness’’ means the 

19 wilderness area designated by this subtitle and wil20 derness study areas located near lands withdrawn 

21 for military use and beneath special use airspace 

22 critical to the support of military test and training 

23 missions at the Utah Test and Training Range, in24 cluding the Deep Creek, Fish Springs, Swasey 

25 Mountain, Howell Peak, Notch Peak, King Top, 
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1 Wah Wah Mountain, and Conger Mountain units 

2 designated by the Department of the Interior. 

3 (2) The term ‘‘Tribe’’ means the Skull Valley 

4 Band of Goshute Indians. 

5 (3) The term ‘‘Utah Test and Training Range’’ 

6 means those portions of the military operating area 

7 of the Utah Test and Training Area located solely 

8 in the State of Utah. The term includes the Dugway 

9 Proving Ground. 

10 (4) The term ‘‘Wilderness Act’’ means Public 

11 Law 88–577, approved September 3, 1964 (16 

12 U.S.C. 1131 et seq.). 

13 SEC. 342. MILITARY OPERATIONS AND OVERFLIGHTS, UTAH 

14 TEST AND TRAINING RANGE. 

15 (a) FINDINGS.—The Congress finds the following: 

16 (1) The testing and development of military 

17 weapons systems and the training of military forces 

18 are critical to ensuring the national security of the 

19 United States. 

20 (2) The Utah Test and Training Range in the 

21 State of Utah is a unique and irreplaceable national 

22 asset at the core of the test and training mission of 

23 the Department of Defense. 

24 (3) The Cedar Mountain Wilderness Area des25 ignated by section 344, as well as several wilderness 
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1 study areas, are located near lands withdrawn for 

2 military use or are beneath special use airspace crit3 ical to the support of military test and training mis4 sions at the Utah Test and Training Range. 

5 (4) The Utah Test and Training Range and 

6 special use airspace withdrawn for military uses cre7 ate unique management circumstances for the cov8 ered wilderness in this subtitle, and it is not the in9 tent of Congress that passage of this subtitle shall 

10 be construed as establishing a precedent with respect 

11 to any future national conservation area or wilder12 ness designation. 

13 (5) Continued access to the special use airspace 

14 and lands that comprise the Utah Test and Training 

15 Range, under the terms and conditions described in 

16 this section, is a national security priority and is not 

17 incompatible with the protection and proper manage18 ment of the natural, environmental, cultural, and 

19 other resources of such lands. 

20 (b) OVERFLIGHTS.—Nothing in this subtitle or the 

21 Wilderness Act shall preclude low-level overflights and op22 erations of military aircraft, helicopters, missiles, or un23 manned aerial vehicles over the covered wilderness, includ24 ing military overflights and operations that can be seen 

25 or heard within the covered wilderness. 
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1 (c) SPECIAL USE AIRSPACE AND TRAINING

2 ROUTES.—Nothing in this subtitle or the Wilderness Act 

3 shall preclude the designation of new units of special use 

4 airspace, the expansion of existing units of special use air5 space, or the use or establishment of military training 

6 routes over the covered wilderness. 

7 (d) COMMUNICATIONS AND TRACKING SYSTEMS.— 

8 Nothing in this subtitle shall prevent any required mainte9 nance of existing communications, instrumentation, or 

10 electronic tracking systems (or infrastructure supporting 

11 such systems) or prevent the installation of new commu12 nication, instrumentation, or other equipment necessary 

13 for effective testing and training to meet military require14 ments in wilderness study areas located beneath special 

15 use airspace comprising the Utah Test and Training 

16 Range, including the Deep Creek, Fish Springs, Swasey 

17 Mountain, Howell Peak, Notch Peak, King Top, Wah Wah 

18 Mountain, and Conger Mountain units designated by the 

19 Department of Interior, so long as the Secretary of the 

20 Interior, after consultation with the Secretary of the Air 

21 Force, determines that the installation and maintenance 

22 of such systems, when considered both individually and 

23 collectively, comply with section 603 of the Federal Land 

24 Policy and Management Act of 1976 (43 U.S.C. 1782). 
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1 (e) EMERGENCY ACCESS AND RESPONSE.—Nothing 

2 in this subtitle or the Wilderness Act shall preclude the 

3 continuation of the memorandum of understanding in ex4 istence as of the date of enactment of this Act between 

5 the Department of the Interior and the Department of the 

6 Air Force with respect to emergency access and response. 

7 (f) PROHIBITION ON GROUND MILITARY OPER8 ATIONS.—Except as provided in subsections (d) and (e), 

9 nothing in this section shall be construed to permit a mili10 tary operation to be conducted on the ground in covered 

11 wilderness in the Utah Test and Training Range unless 

12 such ground operation is otherwise permissible under Fed13 eral law and consistent with the Wilderness Act. 

14 SEC. 343. PLANNING PROCESS FOR FEDERAL LANDS IN 

15 UTAH TEST AND TRAINING RANGE. 

16 (a) ANALYSIS OF MILITARY READINESS AND OPER17 ATIONAL IMPACTS.—The Secretary of the Interior shall 

18 develop, maintain, and revise land use plans pursuant to 

19 section 202 of the Federal Land Policy and Management 

20 Act of 1976 (43 U.S. C. 1712) for Federal lands located 

21 in the Utah Test and Training Range in consultation with 

22 the Secretary of Defense. As part of the required consulta23 tion in connection with a proposed revision of a land use 

24 plan, the Secretary of Defense shall prepare and transmit 

25 to the Secretary of the Interior an analysis of the military 
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1 readiness and operational impacts of the proposed revision 

2 within six months of a request from the Secretary of the 

3 Interior. 

4 (b) LIMITATION ON RIGHTS-OF-WAYS.—The Sec5 retary of the Interior shall not grant or issue any author6 izations for rights-of-way under section 501(a)(6) of the 

7 Federal Land Policy and Management Act of 1976 (43 

8 U.S.C. 1761(a)(6)) upon Federal lands identified as in9 ventory units UTU–020–086, UTU–020–088, UTU–020– 

10 095, UTU–020–096, UTU–020–100, UTU–020–101, 

11 UTU–020–103, UTU–020–104, UTU–020–105, and 

12 UTU–020–110, as generally depicted on the map entitled 

13 ‘‘Wilderness Inventory, State of Utah’’ and dated August 

14 1979, until the later of the following: 

15 (1) The completion of a full revision of the 

16 Pony Express Area Resource Management Plan, 

17 dated January 12, 1990, by the Salt Lake Field Of18 fice of the Bureau of Land Management. 

19 (2) January 1, 2015. 

20 SEC. 344. DESIGNATION AND MANAGEMENT OF CEDAR 

21 MOUNTAIN WILDERNESS, UTAH. 

22 (a) DESIGNATION.—Certain Federal lands in Tooele 

23 County, Utah, as generally depicted on the map entitled 

24 ‘‘Cedar Mountain Wilderness’’ and dated March 7, 2004, 

25 are hereby designated as wilderness and, therefore, as a 
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1 component of the National Wilderness Preservation Sys2 tem to be known as the Cedar Mountain Wilderness Area. 

3 (b) WITHDRAWAL.—Subject to valid existing rights, 

4 the Federal lands in the Cedar Mountain Wilderness Area 

5 are hereby withdrawn from all forms of entry, appropria6 tion, or disposal under the public land laws, from location, 

7 entry, and patent under the United States mining laws, 

8 and from disposition under all laws pertaining to mineral 

9 and geothermal leasing, and mineral materials, and all 

10 amendments to such laws. 

11 (c) MAP AND DESCRIPTION.— 

12 (1) TRANSMITTAL.—As soon as practicable 

13 after the date of the enactment of this Act, the Sec14 retary of the Interior shall transmit a map and legal 

15 description of the Cedar Mountain Wilderness Area 

16 to the Committee on Resources of the House of Rep17 resentatives and the Committee on Energy and Nat18 ural Resources of the Senate. 

19 (2) LEGAL EFFECT.—The map and legal de20 scription shall have the same force and effect as if 

21 included in this Act, except that the Secretary of the 

22 Interior may correct clerical and typographical er23 rors in the map and legal description. 

24 (3) AVAILABILITY.—The map and legal descrip25 tion shall be on file and available for public inspec-
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1 tion in the office of the Director of the Bureau of 

2 Land Management and the office of the State Direc3 tor of the Bureau of Land Management in the State 

4 of Utah. 

5 (d) ADMINISTRATION.—Subject to valid existing 

6 rights and this subtitle, the Cedar Mountain Wilderness 

7 Area shall be administered by the Secretary of the Interior 

8 in accordance with the provisions of the Wilderness Act, 

9 except that any reference in such provisions to the effec10 tive date of the Wilderness Act (or any similar reference) 

11 shall be deemed to be a reference to the date of the enact12 ment of this Act. 

13 (e) LAND ACQUISITION.—Any lands or interest in 

14 lands within the boundaries of the Cedar Mountain Wil15 derness Area acquired by the United States after the date 

16 of the enactment of this Act shall be added to and admin17 istered as part of the Cedar Mountain Wilderness Area. 

18 (f) FISH AND WILDLIFE MANAGEMENT.—As pro19 vided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 

20 1133(d)(7)), nothing in this subtitle shall be construed as 

21 affecting the jurisdiction of the State of Utah with respect 

22 to fish and wildlife on the Federal lands located in that 

23 State. 

24 (g) GRAZING.—Within the Cedar Mountain Wilder25 ness Area, the grazing of livestock, where established be-
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1 fore the date of the enactment of this Act, shall be per2 mitted to continue subject to such reasonable regulations, 

3 policies, and practices as the Secretary of the Interior con4 siders necessary, as long as such regulations, policies, and 

5 practices fully conform with and implement the intent of 

6 Congress regarding grazing in such areas, as such intent 

7 is expressed in the Wilderness Act, section 101(f) of Pub8 lic Law 101–628 (104 Stat. 4473), and appendix A of the 

9 Report of the Committee on Interior and Insular Affairs 

10 to accompany H.R. 2570 of the 101st Congress (H. Rept. 

11 101–405). 

12 (h) BUFFER ZONES.—Congress does not intend for 

13 the designation of the Cedar Mountain Wilderness Area 

14 to lead to the creation of protective perimeters or buffer 

15 zones around the wilderness area. The fact that nonwilder16 ness activities or uses can be seen or heard within the wil17 derness area shall not, of itself, preclude such activities 

18 or uses up to the boundary of the wilderness area. 

19 (i) RELEASE FROM WILDERNESS STUDY AREA STA20 TUS.—The lands identified as the Browns Spring 

21 Cherrystem on the map entitled ‘‘Proposed Browns Spring 

22 Cherrystem’’ and dated May 11, 2004, are released from 

23 their status as a wilderness study area, and shall no longer 

24 be subject to the requirements of section 603(c) of the 

25 Federal Land Policy and Management Act of 1976 (43 
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1 U.S.C. 1782(c)) pertaining to the management of wilder2 ness study areas in a manner that does not impair the 

3 suitability of those areas for preservation of wilderness. 

4 SEC. 345. IDENTIFICATION OF ADDITIONAL BUREAU OF 

5 LAND MANAGEMENT LAND IN UTAH AS 

6 TRUST LAND FOR SKULL VALLEY BAND OF 

7 GOSHUTES. 

8 (a) IDENTIFICATION OF TRUST LAND.—The Sec9 retary of the Interior shall identify approximately 640 ad10 ditional acres of Bureau of Land Management land in the 

11 State of Utah to be administered in trust for the benefit 

12 of the Skull Valley Band of Goshutes. 

13 (b) SPECIAL CONSIDERATIONS.—In identifying the 

14 land under subsection (a), the Secretary of the Interior 

15 shall— 

16 (1) consult with leaders of the Tribe and the 

17 Governor of Utah; and 

18 (2) ensure that the land has ready access to 

19 State or Federal highways and, in the judgment of 

20 the Secretary, provides the best opportunities for 

21 commercial economic development in closest prox22 imity to other lands of the Tribe. 

23 (c) PLACEMENT IN TRUST.—Not later than Decem24 ber 31, 2005, the Secretary of the Interior shall place the 

25 land identified pursuant to subsection (a) into trust for 
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1 the purposes of economic development for the Tribe. At 

2 least 30 days before placing the land in trust for the Tribe, 

3 the Secretary shall publish in the Federal Register legal 

4 descriptions of the land to be placed in trust. 

5 (d) MANAGEMENT OF TRUST LAND.—The land 

6 placed into trust for the Tribe under subsection (c) shall 

7 be administered in accordance with laws generally applica8 ble to property held in trust by the United States for In9 dian Tribes, except that the land shall immediately revert 

10 to the administrative control of the Bureau of Land Man11 agement if the Tribe sells, or attempts to sell, any part 

12 of the land. 

13 (e) EFFECT.—Nothing in this section— 

14 (1) affects any valid right-of-way, lease, permit, 

15 mining claim, grazing permit, water right, or other 

16 right or interest of any person or entity (other than 

17 the United States) in or to the trust land that exists 

18 before the date on which the land is placed in trust 

19 for the Tribe under subsection (c); 

20 (2) enlarges, impairs, or otherwise affects a 

21 right or claim of the Tribe to any land or interest 

22 in land based on Aboriginal or Indian title that ex23 ists before the date of the enactment of this Act; 
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1 (3) constitutes an express or implied reservation 

2 of water or water right for any purpose with respect 

3 to the trust land; or 

4 (4) affects any water right of the Tribe that ex5 ists before the date of the enactment of this Act. 

6 SEC. 346. RELATION TO OTHER LANDS AND LAWS. 

7 (a) OTHER LANDS.—Nothing in this subtitle shall be 

8 construed to affect any Federal lands located outside of 

9 the covered wilderness or the management of such lands. 

10 (b) CONFORMING REPEAL.—Section 2815 of the Na11 tional Defense Authorization Act for Fiscal Year 2000 

12 (Public Law 106–65; 113 Stat. 852) is amended by strik13 ing subsection (d). 

14 Subtitle F—Other Matters 

15 SEC. 351. CODIFICATION AND REVISION OF LIMITATION ON 

16 MODIFICATION OF MAJOR ITEMS OF EQUIP17 MENT SCHEDULED FOR RETIREMENT OR DIS18 POSAL. 

19 (a) IN GENERAL.—Chapter 134 of title 10, United 

20 States Code, is amended by inserting after section 2244 

21 the following new section: 
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1 ‘‘§ 2244a. Equipment scheduled for retirement or dis2 posal: limitation on expenditures for 

3 modifications 

4 ‘‘(a) PROHIBITION.—Except as otherwise provided in 

5 this section, the Secretary of a military department may 

6 not carry out a significant modification of an aircraft, 

7 weapon, vessel, or other item of equipment that the Sec8 retary plans to retire or otherwise dispose of within five 

9 years after the date on which the modification, if carried 

10 out, would be completed. 

11 ‘‘(b) SIGNIFICANT MODIFICATION DEFINED.—In this 

12 section, a significant modification is any modification for 

13 which the cost is in an amount equal to or greater than 

14 $1,000,000. 

15 ‘‘(c) EXCEPTION FOR SAFETY MODIFICATIONS.—The 

16 prohibition in subsection (a) does not apply to a safety 

17 modification. 

18 ‘‘(d) WAIVER AUTHORITY.—The Secretary concerned 

19 may waive the prohibition in subsection (a) in the case 

20 of any modification otherwise subject to that subsection 

21 if the Secretary determines that carrying out the modifica22 tion is in the national security interest of the United 

23 States. Whenever the Secretary issues such a waiver, the 

24 Secretary shall notify the congressional defense commit25 tees in writing.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of section at 

2 the beginning of such chapter is amended by inserting 

3 after the item relating to section 2244 the following new 

4 item: 

‘‘2244a. Equipment scheduled for retirement or disposal: limitation on expenditures for modifications.’’. 

5 (c) CONFORMING REPEAL.—Section 8053 of the De6 partment of Defense Appropriations Act, 1998 (Public 

7 Law 105–56; 10 U.S.C. 2241 note), is repealed. 

8 SEC. 352. LIMITATION ON PURCHASE OF INVESTMENT 

9 ITEMS WITH OPERATION AND MAINTENANCE 

10 FUNDS. 

11 (a) LIMITATION ON USE OF OPERATION AND MAIN12 TENANCE FUNDS.—Chapter 134 of title 10, United States 

13 Code, is amended by inserting after section 2245 the fol14 lowing new section: 

15 ‘‘§ 2245a. Use of operation and maintenance funds for 

16 purchase of investment items: limitation 

17 ‘‘Funds appropriated to the Department of Defense 

18 for operation and maintenance may not be used to pur19 chase any item (including any item to be acquired as a 

20 replacement for an item) that has an investment item unit 

21 cost that is greater than $250,000.’’. 

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

23 at the beginning of such chapter is amended by inserting 
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1 after the item relating to section 2245 the following new 

2 item: 

‘‘2245a. Use of operation and maintenance funds for purchase of investment 

items: limitation.’’. 

3 SEC. 353. PROVISION OF DEPARTMENT OF DEFENSE SUP4 PORT FOR CERTAIN PARALYMPIC SPORTING 

5 EVENTS. 

6 Section 2564 of title 10, United States Code, is 

7 amended— 

8 (1) in subsection (c), by adding at the end the 

9 following new paragraphs: 

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

11 States Olympic Committee through the Paralympic 

12 Military Program. 

13 ‘‘(5) A national or international paralympic 

14 sporting event (other than one covered by paragraph 

15 (3) or (4))— 

16 ‘‘(A) which is— 

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

18 of its territories or commonwealths; 

19 ‘‘(ii) governed by the International 

20 Paralympic Committee; and 

21 ‘‘(iii) sanctioned by the United States 

22 Olympic Committee; and 

23 ‘‘(B) for which participation exceeds 500 

24 amateur athletes.’’; and 
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1 (2) in subsection (d)— 

2 (A) by inserting ‘‘(1)’’ before ‘‘The Sec3 retary’’; and 

4 (B) by adding at the end the following new 

5 paragraph: 

6 ‘‘(2) No more than $1,000,000 may be ex7 pended in any fiscal year to provide support for 

8 events specified under paragraph (5) of subsection 

9 (c).’’. 

10 SEC. 354. DEVELOPMENT AND EXPLANATION OF BUDGET 

11 MODELS FOR BASE OPERATIONS SUPPORT, 

12 SUSTAINMENT, AND FACILITIES RECAPITAL13 IZATION. 

14 (a) REPORTS ON MODELS USED.—The Secretary of 

15 Defense shall include with the defense budget materials 

16 for fiscal years 2007 through 2011 a report describing the 

17 models used to prepare the budget requests for base oper18 ations support, sustainment, and facilities recapitalization. 

19 (b) CONTENT OF REPORTS.—The report for a fiscal 

20 year under subsection (a) shall include the following: 

21 (1) An explanation of the methodology used to 

22 develop each model and, if there have been any 

23 changes to the methodology since the previous re24 port, an explanation of the changes and the reasons 

25 therefor. 
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1 (2) A description of the items contained in each 

2 model. 

3 (3) An explanation of whether the models are 

4 being applied to each military department and De5 fense Agencies under common definitions of base op6 erations support, sustainment, and facilities recapi7 talization and, if common definitions are not being 

8 used, an explanation of the differences and the rea9 sons therefor. 

10 (4) A description of the requested funding levels 

11 for base operations support, sustainment, and facili12 ties recapitalization for the fiscal year covered by the 

13 defense budget materials and the funding goals es14 tablished for base operations support, sustainment, 

15 and facilities recapitalization for at least the four 

16 succeeding fiscal years. 

17 (5) If the requested funding levels for base op18 erations support, sustainment, and facilities recapi19 talization for the fiscal year covered by the defense 

20 budget materials deviate from the goals for that fis21 cal year contained in the preceding report, or the 

22 funding goals established for succeeding fiscal years 

23 deviate from the goals for those fiscal years con24 tained in the preceding report, a justification for the 
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1 funding levels and goals and an explanation of the 

2 reasons for the changes from the preceding report. 

3 (c) DEFENSE BUDGET MATERIALS DEFINED.—In 

4 this section, the term ‘‘defense budget materials’’ means 

5 the materials submitted to Congress by the Secretary of 

6 Defense in support of the budget for a fiscal year sub7 mitted to Congress by the President under section 1105(a) 

8 of title 31, United States Code. 

9 SEC. 355. REPORT ON DEPARTMENT OF ARMY PROGRAMS 

10 FOR PREPOSITIONING OF EQUIPMENT AND 

11 OTHER MATERIEL. 

12 (a) SECRETARY OF ARMY ASSESSMENT.—The Sec13 retary of the Army shall conduct an assessment of the pro14 grams of the Department of Army for the prepositioning 

15 of equipment and other materiel stocks. The assessment 

16 shall focus on how those programs are configured to sup17 port the evolving goals of the Department of Army and 

18 shall include identification of the following: 

19 (1) The key operational capabilities currently 

20 available in both the afloat and ashore prepositioned 

21 stocks of the Army, by geographic region, including 

22 inventory levels in brigade sets, operational projects, 

23 and sustainment programs. 

24 (2) Any significant shortfalls that exist in those 

25 stocks, particularly in combat and support equip-
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1 ment, spare parts, and munitions, and how the 

2 Army would mitigate those shortfalls in the event of 

3 a new conflict. 

4 (3) The maintenance condition of prepositioned 

5 equipment and supplies, especially the key ‘‘pacing’’ 

6 items in brigade sets, including the percentage cur7 rently maintained at the Technical Manual -10/20 

8 standard required by the Army. 

9 (4) The percentage of required cyclic mainte10 nance performed on all stocks for each of fiscal 

11 years 2003, 2004, and 2005 and the quality control 

12 procedures used to ensure that such maintenance 

13 was completed according to Army standards. 

14 (5) Whether the oversight mechanisms and in15 ternal management reports of the Army with respect 

16 to those stocks are adequate and ensure an accurate 

17 portrayal of the readiness of stocks covered by the 

18 report. 

19 (6) The funding allocated and expended for 

20 prepositioning programs each fiscal year since fiscal 

21 year 2000, by region, and an assessment of whether 

22 that funding level has been adequate to maintain 

23 program readiness. 

24 (7) The facilities used to store and maintain 

25 brigade sets and whether those facilities provide ade-
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1 quate (or excess) capacity, by region, for the current 

2 and future mission. 

3 (8) The current funding for the war reserve, 

4 the sufficiency of the war reserve inventory, and the 

5 effect of the war reserve on the ability of the Army 

6 to conduct operations. 

7 (b) REPORT.—The Secretary shall submit to Con8 gress a report on the assessment under subsection (a) not 

9 later than January 1, 2006. The report shall include each 

10 of the matters specified in paragraphs (1) through (7) of 

11 that subsection. 

12 (c) COMPTROLLER GENERAL REVIEW.—Not later 

13 than 120 days after the date of receipt of the report under 

14 subsection (b), the Comptroller General shall submit to 

15 Congress an independent review of the assessment con16 ducted by the Secretary of the Army under subsection (a). 

17 The review under this subsection shall include the fol18 lowing: 

19 (1) The Comptroller General’s assessment of 

20 whether the assessment by the Secretary of the 

21 Army under subsection (a) comprehensively address22 es each of the matters specified in paragraphs (1) 

23 through (7) of that subsection. 

24 (2) The status of the Army in addressing any 

25 shortfalls or other issues reported by the Depart-
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1 ment of the Army or identified by the Government 

2 Accountability Office. 

3 SEC. 356. REPORT REGARDING EFFECT ON MILITARY 

4 READINESS OF UNDOCUMENTED IMMI5 GRANTS TRESPASSING UPON OPERATIONAL 

6 RANGES. 

7 (a) REPORT CONTAINING ASSESSMENT AND RE8 SPONSE PLAN.—Not later than March 15, 2006, the Sec9 retary of Defense and the Secretary of Homeland Security 

10 shall submit to Congress a report containing— 

11 (1) an assessment, conducted jointly by the 

12 Secretaries, of the impact on military readiness 

13 caused by undocumented immigrants whose entry 

14 into the United States involves trespassing upon 

15 operational ranges of the Department of Defense; 

16 and 

17 (2) a plan, prepared jointly by the Secretaries, 

18 for the implementation of measures to prevent such 

19 trespass. 

20 (b) ELEMENTS OF ASSESSMENT.—The assessment 

21 required by subsection (a) shall include the following: 

22 (1) A listing of the operational ranges adversely 

23 affected by the trespass of undocumented immi24 grants upon operational ranges. 
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1 (2) A description of the types of range activities 

2 affected by such trespass. 

3 (3) A determination of the amount of time lost 

4 for range activities, and the increased costs incurred, 

5 as a result of such trespass. 

6 (4) An evaluation of the nature and extent of 

7 such trespass and means of travel. 

8 (5) An evaluation of the factors that contribute 

9 to the use by undocumented immigrants of oper10 ational ranges as a means to enter the United 

11 States. 

12 (6) A description of measures currently in place 

13 to prevent such trespass, including the use of bar14 riers to vehicles and persons, military patrols, border 

15 patrols, and sensors. 

16 (c) ELEMENTS OF PLAN.—The plan required by sub17 section (a) shall include the following: 

18 (1) The types of measures to be implemented to 

19 better prevent the trespass of undocumented immi20 grants upon operational ranges, including the con21 struction of barriers to vehicles and persons, the use 

22 of additional military or border patrols, and the in23 stallation of sensors. 

24 (2) The costs of, and timeline for, implementa25 tion of the plan. 
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1 (d) IMPLEMENTATION REPORTS.—Not later than 

2 September 15, 2006, March 15, 2007, September 15, 

3 2007, and March 15, 2008, the Secretary of Defense shall 

4 submit to Congress a report detailing the progress made 

5 by the Department of Defense, during the six-month pe6 riod covered by the report, in implementing measures rec7 ommended in the plan required by subsection (a) to pre8 vent undocumented immigrants from trespassing upon 

9 operational ranges. Each report shall include the number 

10 and types of mitigation measures implemented and the 

11 success of such measures in preventing such trespass. 

12 (e) DEFINITIONS.—In this section, the terms ‘‘oper13 ational range’’ and ‘‘range activities’’ have the meaning 

14 given those terms in section 101(e) of title 10, United 

15 States Code. 

16 SEC. 357. CONGRESSIONAL NOTIFICATION REQUIREMENTS 

17 REGARDING PLACEMENT OF LIQUEFIED NAT18 URAL GAS FACILITIES, PIPELINES, AND RE19 LATED STRUCTURES ON DEFENSE LANDS. 

20 (a) NOTIFICATION REQUIRED.—Not less than 30 

21 days before the Secretary of Defense or the Secretary of 

22 a military department issues a final approval or dis23 approval or a formal opinion regarding the placement of 

24 any liquefied natural gas facility, pipeline, or related struc25 ture on or in the vicinity of a military installation, range, 
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1 or other lands under the jurisdiction of the Department 

2 of Defense, the Secretary shall submit to Congress a re3 port detailing the justification for the approval, dis4 approval, or opinion. 

5 (b) CONTENT OF REPORT.—A report under sub6 section (a) shall include consideration of the potential 

7 long-term effects of the liquefied natural gas facility, pipe8 line, or related structure that is the subject of the ap9 proval, disapproval, or opinion on military readiness, par10 ticularly the effects on the use of operational ranges. 

11 (c) DEFINITIONS.—In this section: 

12 (1) The term ‘‘military installation’’ has the 

13 meaning given that term in section 2687(e)(1) of 

14 title 10, United States Code. 

15 (2) The terms ‘‘range’’ and ‘‘operational range’’ 

16 have the meanings given those terms in section 

17 101(e) of such title. 

18 SEC. 358. REPORT REGARDING ARMY AND AIR FORCE EX19 CHANGE SYSTEM MANAGEMENT OF ARMY 

20 LODGING. 

21 (a) REPORT REQUIRED.—The Secretary of Defense 

22 shall submit to Congress a report containing the results 

23 of a study evaluating the merits of allowing the Army and 

24 Air Force Exchange System to manage Army lodging. The 

25 study should consider at a minimum the following: 
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1 (1) Whether current lodging agreements with 

2 the Army and Air Force Exchange System to pro3 vide hospitality telecommunication services would be 

4 impacted by privatization and whether the proposed 

5 change will have an impact on funds contributed to 

6 morale, welfare, and recreation accounts. 

7 (2) Whether allowing the Army and Air Force 

8 Exchange System to participate as a partner in the 

9 management of Army lodging would enhance the 

10 quality of lodging and improve access to such lodg11 ing as a nonprofit organization versus a partnership 

12 with a for-profit corporation. 

13 (3) Whether privatization of Army lodging will 

14 result in significant cost increases to members of the 

15 Armed Forces or other eligible patrons or the loss 

16 of such lodging if it is determined that management 

17 of such lodging is not a profitable marketing ven18 ture. 

19 (4) Whether there are certain benefits to having 

20 the Army and Air Force Exchange System become 

21 the partner with the Army that would not exist were 

22 the Army to partner with a private sector entity. 

23 (b) LIMITATION PENDING SUBMISSION OF RE24 PORT.—Until the Secretary of Defense submits the report 

25 required by subsection (a) to Congress, the Department 
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1 of the Army may not solicit or consider any request for 

2 qualifications that would privatize Army lodging beyond 

3 the level of privatization identified for inclusion in Group 

4 A of the Privatization of Army Lodging Initiative. 

5 TITLE IV—MILITARY 

6 PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

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

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 

Sec. 413. End strengths for military technicians (dual status). 

Sec. 414. Fiscal year 2006 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—Authorizations of Appropriations 

Sec. 421. Military personnel. 

Sec. 422. Armed Forces Retirement Home. 

7 Subtitle A—Active Forces 

8 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

9 The Armed Forces are authorized strengths for active 

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

11 (1) The Army, 482,400. 

12 (2) The Navy, 352,700. 

13 (3) The Marine Corps, 175,000. 

14 (4) The Air Force, 357,400. 
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1 SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 

2 STRENGTH MINIMUM LEVELS. 

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

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

5 through (4) and inserting the following: 

6 ‘‘(1) For the Army, 482,400. 

7 ‘‘(2) For the Navy, 352,700. 

8 ‘‘(3) For the Marine Corps, 175,000. 

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

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

11 subsection (a) shall take effect on October 1, 2005, or the 

12 date of the enactment of this Act, whichever is later. 

13 Subtitle B—Reserve Forces 

14 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

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

16 strengths for Selected Reserve personnel of the reserve 

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

18 (1) The Army National Guard of the United 

19 States, 350,000. 

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

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

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

23 (5) The Air National Guard of the United 

24 States, 106,800. 

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

26 (7) The Coast Guard Reserve, 10,000. 
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1 (b) ADJUSTMENTS.—The end strengths prescribed by 

2 subsection (a) for the Selected Reserve of any reserve com3 ponent shall be proportionately reduced by— 

4 (1) the total authorized strength of units orga5 nized to serve as units of the Selected Reserve of 

6 such component which are on active duty (other 

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

8 (2) the total number of individual members not 

9 in units organized to serve as units of the Selected 

10 Reserve of such component who are on active duty 

11 (other than for training or for unsatisfactory partici12 pation in training) without their consent at the end 

13 of the fiscal year. 

14 Whenever such units or such individual members are re15 leased from active duty during any fiscal year, the end 

16 strength prescribed for such fiscal year for the Selected 

17 Reserve of such reserve component shall be increased pro18 portionately by the total authorized strengths of such 

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

20 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

21 DUTY IN SUPPORT OF THE RESERVES. 

22 Within the end strengths prescribed in section 

23 411(a), the reserve components of the Armed Forces are 

24 authorized, as of September 30, 2006, the following num25 ber of Reserves to be serving on full-time active duty or 
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1 full-time duty, in the case of members of the National 

2 Guard, for the purpose of organizing, administering, re3 cruiting, instructing, or training the reserve components: 

4 (1) The Army National Guard of the United 

5 States, 27,345. 

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

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

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

9 (5) The Air National Guard of the United 

10 States, 13,089. 

11 (6) The Air Force Reserve, 2,290. 

12 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

13 (DUAL STATUS). 

14 The minimum number of military technicians (dual 

15 status) as of the last day of fiscal year 2006 for the re16 serve components of the Army and the Air Force (notwith17 standing section 129 of title 10, United States Code) shall 

18 be the following: 

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

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

21 States, 25,563. 

22 (3) For the Air Force Reserve, 9,853. 

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

24 States, 22,971. 
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1 SEC. 414. FISCAL YEAR 2006 LIMITATION ON NUMBER OF 

2 NON-DUAL STATUS TECHNICIANS. 

3 (a) LIMITATIONS.— 

4 (1) NATIONAL GUARD.—Within the limitation 

5 provided in section 10217(c)(2) of title 10, United 

6 States Code, the number of non-dual status techni7 cians employed by the National Guard as of Sep8 tember 30, 2006, may not exceed the following: 

9 (A) For the Army National Guard of the 

10 United States, 1,600. 

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

12 States, 350. 

13 (2) ARMY RESERVE.—The number of non-dual 

14 status technicians employed by the Army Reserve as 

15 of September 30, 2006, may not exceed 695. 

16 (3) AIR FORCE RESERVE.—The number of non17 dual status technicians employed by the Air Force 

18 Reserve as of September 30, 2006, may not exceed 

19 90. 

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

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

22 meaning given that term in section 10217(a) of title 10, 

23 United States Code. 
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1 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU2 THORIZED TO BE ON ACTIVE DUTY FOR 

3 OPERATIONAL SUPPORT. 

4 During fiscal year 2006, the maximum number of 

5 members of the reserve components of the Armed Forces 

6 who may be serving at any time on full-time operational 

7 support duty under section 115(b) of title 10, United 

8 States Code, is the following: 

9 (1) The Army National Guard of the United 

10 States, 17,000. 

11 (2) The Army Reserve, 13,000. 

12 (3) The Naval Reserve, 6,200. 

13 (4) The Marine Corps Reserve, 3,000. 

14 (5) The Air National Guard of the United 

15 States, 16,000. 

16 (6) The Air Force Reserve, 14,000. 

17 Subtitle C—Authorizations of 

18 Appropriations 

19 SEC. 421. MILITARY PERSONNEL. 

20 There is hereby authorized to be appropriated to the 

21 Department of Defense for military personnel for fiscal 

22 year 2006 a total of $108,824,292,000. The authorization 

23 in the preceding sentence supersedes any other authoriza24 tion of appropriations (definite or indefinite) for such pur25 pose for fiscal year 2006. 
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1 SEC. 422. ARMED FORCES RETIREMENT HOME. 

2 There is hereby authorized to be appropriated for fis3 cal year 2006 from the Armed Forces Retirement Home 

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

5 the Armed Forces Retirement Home. 

6 TITLE V—MILITARY PERSONNEL 

7 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 authority to reduce minimum commissioned 

service requirement for voluntary retirement as an officer. 

Sec. 503. Separation at age 64 for reserve component senior officers. 

Sec. 504. Improved administration of transitions involving officers in senior 

general and flag officer positions. 

Sec. 505. Consolidation of grade limitations on officer assignment and insignia 

practice known as frocking. 

Sec. 506. 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. 507. Authority to retain permanent professors at the Naval Academy beyond 30 years of active commissioned service. 

Sec. 508. Authority for appointment of Coast Guard flag officer as Chief of 

Staff to the President. 

Sec. 509. Clarification of time for receipt of statutory selection board communications. 

Sec. 510. Standardization of grade of senior dental officer of the Air Force 

with that of senior dental officer of the Army. 

Subtitle B—Reserve Component Management 

Sec. 511. 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. 512. Modifications to new Reserve educational benefit for certain active 

service in support of contingency operations. 

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. Use of National Guard to provide military support to civilian law enforcement agencies for domestic counter-terrorism activities. 

Subtitle C—Education and Training 
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Sec. 521. Repeal of limitation on amount of financial assistance under ROTC 

scholarship programs. 

Sec. 522. Increased enrollment for eligible defense industry employees in the 

defense product development program at Naval Postgraduate 

School. 

Sec. 523. Payment of expenses to obtain professional credentials. 

Sec. 524. Authority for National Defense University award of degree of Master 

of Science in Joint Campaign Planning and Strategy. 

Sec. 525. One-year extension of authority to use appropriated funds to provide 

recognition items for recruitment and retention of certain reserve component personnel. 

Sec. 526. Report on rationale and plans of the Navy to provide enlisted members an opportunity to obtain graduate degrees. 

Sec. 527. Increase in annual limit on number of ROTC scholarships under 

Army Reserve and National Guard program. 

Sec. 528. Capstone overseas field studies trips to People’s Republic of China 

and Republic of China on Taiwan. 

Sec. 529. Sense of Congress concerning establishment of National College of 

Homeland Security. 

Subtitle D—General Service Requirements 

Sec. 531. Uniform enlistment standards for the Armed Forces. 

Sec. 532. Increase in maximum term of original enlistment in regular component. 

Sec. 533. Members completing statutory initial military service obligation. 

Sec. 534. Extension of qualifying service for initial military service under National Call to Service program. 

Subtitle E—Matters Relating to Casualties 

Sec. 541. Requirement for members of the Armed Forces to designate a person 

to be authorized to direct the disposition of the member’s remains. 

Sec. 542. Enhanced program of Casualty Assistance Officers and Seriously Injured/Ill Assistance Officers. 

Sec. 543. Standards and guidelines for Department of Defense programs to assist wounded and injured members. 

Sec. 544. Authority for members on active duty with disabilities to participate 

in Paralympic Games. 

Subtitle F—Military Justice and Legal Assistance Matters 

Sec. 551. Clarification of authority of military legal assistance counsel to provide military legal assistance without regard to licensing requirements. 

Sec. 552. Use of teleconferencing in administrative sessions of courts-martial. 

Sec. 553. Extension of statute of limitations for murder, rape, and child abuse 

offenses under the Uniform Code of Military Justice. 

Sec. 554. Offense of stalking under the Uniform Code of Military Justice. 

Sec. 555. Rape, sexual assault, and other sexual misconduct under Uniform 

Code of Military Justice. 

Subtitle G—Assistance to Local Educational Agencies for Defense 

Dependents Education 
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Sec. 561. Enrollment in overseas schools of Defense Dependents’ Education 

System of children of citizens or nationals of the United States 

hired in overseas areas as full-time Department of Defense employees. 

Sec. 562. Assistance to local educational agencies that benefit dependents of 

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

Sec. 563. Continuation of impact aid assistance on behalf of dependents of certain members despite change in status of member. 

Subtitle H—Decorations and Awards 

Sec. 565. Cold War Victory Medal. 

Sec. 566. Establishment of Combat Medevac Badge. 

Sec. 567. Eligibility for Operation Enduring Freedom campaign medal. 

Subtitle I—Other Matters 

Sec. 571. Extension of waiver authority of Secretary of Education with respect 

to student financial assistance during a war or other military 

operation or national emergency. 

Sec. 572. Adoption leave for members of the Armed Forces adopting children. 

Sec. 573. Report on need for a personnel plan for linguists in the Armed 

Forces. 

Sec. 574. Ground combat and other exclusion policies. 

Sec. 575. Eligibility of certain persons for space-available travel on military aircraft. 

Sec. 576. Comptroller general study of military recruiting. 

Sec. 577. Addition of information concerning mental health services and treatment to subjects required to be covered in mandatory 

preseparation counseling. 

Sec. 578. Improvement to Department of Defense response to sexual assault affecting members of the Armed Forces. 

Sec. 579. Report on employment matters for members of the National Guard 

and Reserve. 

Sec. 580. 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. 
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1 Subtitle A—Officer Personnel 

2 Policy 

3 SEC. 501. TEMPORARY INCREASE IN PERCENTAGE LIMITS 

4 ON REDUCTION OF TIME-IN-GRADE REQUIRE5 MENTS FOR RETIREMENT IN GRADE UPON 

6 VOLUNTARY RETIREMENT. 

7 Section 1370(a)(2) of title 10, United States Code, 

8 is amended by adding at the end the following new sub9 paragraph: 

10 ‘‘(F) Notwithstanding subparagraph (E), during the 

11 period beginning on October 1, 2005, and ending on De12 cember 31, 2007, the number of lieutenant colonels and 

13 colonels of the Army, Marine Corps, and Air Force, and 

14 the number of commanders and captains of the Navy, for 

15 whom a reduction is made under this section during any 

16 fiscal year in the period of service-in-grade otherwise re17 quired under this paragraph may not exceed four percent 

18 of the authorized active-duty strength for that fiscal year 

19 for officers of that armed force in that grade.’’. 

20 SEC. 502. TWO-YEAR RENEWAL OF AUTHORITY TO REDUCE 

21 MINIMUM COMMISSIONED SERVICE RE22 QUIREMENT FOR VOLUNTARY RETIREMENT 

23 AS AN OFFICER. 

24 Sections 3911(b), 6323(a)(2), and 8911(b) of title 

25 10, United States Code, are amended by striking ‘‘during 
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1 the period beginning on October 1, 1990, and ending on 

2 December 31, 2001’’ and inserting ‘‘during the period be3 ginning on October 1, 2005, and ending on December 31, 

4 2007’’. 

5 SEC. 503. SEPARATION AT AGE 64 FOR RESERVE COMPO6 NENT SENIOR OFFICERS. 

7 Section 14512(a) of title 10, United States Code, is 

8 amended— 

9 (1) by inserting ‘‘(1)’’ before ‘‘Unless retired,’’; 

10 (2) by striking ‘‘who is Chief’’ and all that fol11 lows through ‘‘of a State,’’ and inserting ‘‘who is 

12 specified in paragraph (2)’’; and 

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

14 paragraph: 

15 ‘‘(2) Paragraph (1) applies to a reserve officer of the 

16 Army or Air Force who is any of the following: 

17 ‘‘(A) The Chief of the National Guard Bureau. 

18 ‘‘(B) The Chief of the Army Reserve, Chief of 

19 the Air Force Reserve, Director of the Army Na20 tional Guard, or Director of the Air National Guard. 

21 ‘‘(C) An adjutant general. 

22 ‘‘(D) If a reserve officer of the Army, the com23 manding general of the troops of a State.’’. 
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1 SEC. 504. IMPROVED ADMINISTRATION OF TRANSITIONS 

2 INVOLVING OFFICERS IN SENIOR GENERAL 

3 AND FLAG OFFICER POSITIONS. 

4 (a) EXCLUSION FROM GRADE DISTRIBUTION LIMI5 TATIONS FOR SENIOR OFFICERS TRANSITIONING BE6 TWEEN POSITIONS OR AWAITING RETIREMENT.—Section 

7 525(d) of title 10, United States Code, is amended to read 

8 as follows: 

9 ‘‘(d) An officer continuing to hold the grade of gen10 eral, admiral, lieutenant general, or vice admiral under 

11 paragraph (2) or (4) of section 601(b) of this title shall 

12 not be counted for purposes of this section.’’. 

13 (b) APPOINTMENTS TO POSITIONS OF IMPORTANCE

14 AND RESPONSIBILITY.—Section 601 of such title is 

15 amended— 

16 (1) in subsection (b)(2), by inserting before the 

17 semicolon at the end the following: ‘‘, but not for 

18 more than 30 days’’; and 

19 (2) by adding at the end the following new sub20 section: 

21 ‘‘(e)(1) If a transition period for an officer under sub22 section (b)(2) or (b)(4) exceeds the maximum period speci23 fied in that subsection, the officer shall revert to the offi24 cer’s permanent grade, effective on the day after the date 

25 on which that period is exceeded. 
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1 ‘‘(2) In each case in which the transition period for 

2 an officer under subsection (b)(2) exceeds 30 days, the 

3 Secretary of Defense shall promptly submit to the Com4 mittee on Armed Services of the Senate and the Com5 mittee on Armed Services of the House of Representatives 

6 a report on the matter. The report shall include the fol7 lowing: 

8 ‘‘(A) The officer’s name. 

9 ‘‘(B) The date on which the transition period 

10 began and the date on which the 30-day limit was 

11 exceeded. 

12 ‘‘(C) The former position of the officer and the 

13 position to which the officer has been ordered trans14 ferred. 

15 ‘‘(D) The reason for extended transition to the 

16 position to which ordered transferred. 

17 ‘‘(E) The date on which the officer reverted to 

18 the officer’s permanent grade pursuant to paragraph 

19 (1).’’. 

20 (c) PROHIBITION OF FROCKING TO GRADES ABOVE

21 MAJOR GENERAL AND REAR ADMIRAL.—Section 777(a) 

22 of such title is amended by inserting ‘‘in a grade below 

23 the grade of major general or, in the case of the Navy, 

24 rear admiral,’’ after ‘‘An officer’’ in the first sentence. 
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1 SEC. 505. CONSOLIDATION OF GRADE LIMITATIONS ON OF2 FICER ASSIGNMENT AND INSIGNIA PRACTICE 

3 KNOWN AS FROCKING. 

4 Section 777(d) of title 10, United States Code, is 

5 amended— 

6 (1) in paragraph (1)— 

7 (A) by striking ‘‘brigadier generals and 

8 Navy rear admirals (lower half)’’ and inserting 

9 ‘‘colonels, Navy captains, brigadier generals, 

10 and rear admirals (lower half)’’; 

11 (B) by striking ‘‘the grade of’’ and all that 

12 follows through ‘‘30’’ and inserting ‘‘the next 

13 higher grade may not exceed 85’’; 

14 (2) by striking paragraph (2); and 

15 (3) by redesignating paragraph (3) as para16 graph (2). 

17 SEC. 506. AUTHORITY FOR DESIGNATION OF A GENERAL/ 

18 FLAG OFFICER POSITION ON THE JOINT 

19 STAFF TO BE HELD BY RESERVE COMPO20 NENT GENERAL OR FLAG OFFICER ON AC21 TIVE DUTY. 

22 Section 526(b)(2)(A) of title 10, United States Code, 

23 is amended by inserting ‘‘, and a general and flag officer 

24 position on the Joint Staff,’’ after ‘‘combatant com25 mands’’. 
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1 SEC. 507. AUTHORITY TO RETAIN PERMANENT PROFES2 SORS AT THE NAVAL ACADEMY BEYOND 30 

3 YEARS OF ACTIVE COMMISSIONED SERVICE. 

4 (a) WAIVER OF MANDATORY RETIREMENT FOR

5 YEARS OF SERVICE.— 

6 (1) LIEUTENANT COLONELS AND COM7 MANDERS.—Section 633 of title 10, United States 

8 Code, is amended— 

9 (A) by striking ‘‘Except an’’ and all that 

10 follows through ‘‘except as provided’’ and in11 serting ‘‘(a) 28 YEARS OF ACTIVE COMMIS12 SIONED SERVICE.—Except as provided in sub13 section (b) and as provided’’; 

14 (B) by adding at the end the following: 

15 ‘‘(b) EXCEPTIONS.—Subsection (a) does not apply to 

16 the following: 

17 ‘‘(1) An officer of the Navy or Marine Corps 

18 who is an officer designated for limited duty to 

19 whom section 5596(e) or 6383 of this title applies. 

20 ‘‘(2) An officer of the Navy or Marine Corps 

21 who is a permanent professor at the United States 

22 Naval Academy.’’. 

23 (2) COLONELS AND NAVY CAPTAINS.—Section 

24 634 of title 10, United States Code, is amended— 

25 (A) by striking ‘‘Except an’’ and all that 

26 follows through ‘‘except as provided’’ and in-
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1 serting ‘‘(a) 30 YEARS OF ACTIVE COMMIS2 SIONED SERVICE.—Except as provided in sub3 section (b) and as provided’’; 

4 (B) by adding at the end the following: 

5 ‘‘(b) EXCEPTIONS.—Subsection (a) does not apply to 

6 the following: 

7 ‘‘(1) An officer of the Navy who is designated 

8 for limited duty to whom section 6383(a)(4) of this 

9 title applies. 

10 ‘‘(2) An officer of the Navy or Marine Corps 

11 who is a permanent professor at the United States 

12 Naval Academy.’’. 

13 (b) AUTHORITY FOR RETENTION OF PERMANENT

14 PROFESSORS BEYOND 30 YEARS.— 

15 (1) AUTHORITY.—Chapter 573 of such title is 

16 amended by inserting after section 6371 the fol17 lowing new section: 

18 ‘‘§ 6372. Permanent professors of the United States 

19 Naval Academy: retirement for years of 

20 service; authority for deferral 

21 ‘‘(a) RETIREMENT FOR YEARS OF SERVICE.—(1) Ex22 cept as provided in subsection (b), an officer of the Navy 

23 or Marine Corps serving as a permanent professor at the 

24 Naval Academy in the grade of commander or lieutenant 

25 colonel who is not on a list of officers recommended for 
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1 promotion to the grade of captain or colonel, as the case 

2 may be, shall, if not earlier retired, be retired on the first 

3 day of the month after the month in which the officer com4 pletes 28 years of active commissioned service. 

5 ‘‘(2) Except as provided in subsection (b), an officer 

6 of the Navy or Marine Corps serving as a permanent pro7 fessor at the Naval Academy in the grade of captain or 

8 colonel who is not on a list of officers recommended for 

9 promotion to the grade of rear admiral (lower half) or 

10 brigadier general, as the case may be, shall, if not earlier 

11 retired, be retired on the first day of the month after the 

12 month in which the officer completes 30 years of active 

13 commissioned service. 

14 ‘‘(b) CONTINUATION ON ACTIVE DUTY.—(1) An offi15 cer subject to retirement under subsection (a) may have 

16 his retirement deferred and be continued on active duty 

17 by the Secretary of the Navy. 

18 ‘‘(2) Subject to section 1252 of this title, the Sec19 retary of the Navy shall determine the period of any con20 tinuation on active duty under this section. 

21 ‘‘(c) ELIGIBILITY FOR PROMOTION.—A permanent 

22 professor at the Naval Academy in the grade of com23 mander or lieutenant colonel who is continued on active 

24 duty as a permanent professor under subsection (b) re-
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1 mains eligible for consideration for promotion to the grade 

2 of captain or colonel, as the case may be. 

3 ‘‘(d) RETIRED GRADE AND RETIRED PAY.—Each of4 ficer retired under this section— 

5 ‘‘(1) unless otherwise entitled to a higher grade, 

6 shall be retired in the grade determined under sec7 tion 1370 of this title; and 

8 ‘‘(2) is entitled to retired pay computed under 

9 section 6333 of this title.’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of such chapter is amended 

12 by inserting after the item relating to section 6371 

13 the following new item: 

‘‘6372. Permanent professors of the United States Naval Academy: retirement 

for years of service; authority for deferral.’’. 

14 (c) MANDATORY RETIREMENT AT AGE 64.— 

15 (1) REORGANIZATION AND STANDARDIZA16 TION.—Chapter 63 of such title is amended by in17 serting after section 1251 the following new section: 

18 ‘‘§ 1252. Age 64: permanent professors at academies 

19 ‘‘(a) MANDATORY RETIREMENT FOR AGE.—Unless 

20 retired or separated earlier, each regular commissioned of21 ficer of the Army, Navy, Air Force, or Marine Corps cov22 ered by subsection (b) shall be retired on the first day 

23 of the month following the month in which the officer be24 comes 64 years of age. 
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1 ‘‘(b) COVERED OFFICERS.—This section applies to 

2 the following officers: 

3 ‘‘(1) An officer who is a permanent professor or 

4 the director of admissions of the United States Mili5 tary Academy. 

6 ‘‘(2) An officer who is a permanent professor at 

7 the United States Naval Academy. 

8 ‘‘(3) An officer who is a permanent professor or 

9 the registrar of the United States Air Force Acad10 emy.’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of such chapter is amended 

13 by inserting after the item relating to section 1251 

14 the following new item: 

‘‘1254. Age 64: permanent professors at academies.’’. 

15 (3) CONFORMING AMENDMENT.—Section 

16 1251(a) of such title is amended by striking the sec17 ond sentence. 

18 (d) CONFORMING AMENDMENTS RELATING TO COM19 PUTATION OF RETIRED PAY.— 

20 (1) AGE 64 RETIREMENT.—Chapter 71 of such 

21 title is amended— 

22 (A) in the table in section 1401(a), by in23 serting at the bottom of the column under the 

24 heading ‘‘For sections’’, in the entry for For25 mula Number 5, the following: ‘‘1252’’; and 
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1 (B) in the table in section 1406(b)(1), by 

2 inserting at the bottom of the first column the 

3 following: ‘‘1252’’; 

4 (2) YEARS-OF-SERVICE RETIREMENT.—Section 

5 6333(a) of such title is amended— 

6 (A) in the matter preceding the table, by 

7 inserting ‘‘6372 or’’ after ‘‘section’’; and 

8 (B) in the table, by inserting ‘‘6372’’ im9 mediately below ‘‘6325(b)’’ in the column under 

10 the heading ‘‘For sections’’, in the entry for 

11 Formula B. 

12 SEC. 508. AUTHORITY FOR APPOINTMENT OF COAST 

13 GUARD FLAG OFFICER AS CHIEF OF STAFF 

14 TO THE PRESIDENT. 

15 (a) AUTHORITY.—Chapter 3 of title 14, United 

16 States Code, is amended by adding at the end the fol17 lowing new section: 

18 ‘‘§ 54. Chief of Staff to President: appointment 

19 ‘‘The President, by and with the advice and consent 

20 of the Senate, may appoint a flag officer of the Coast 

21 Guard as the Chief of Staff to the President.’’. 

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

23 at the beginning of such chapter is amended by adding 

24 at the end the following new item: 

‘‘54. Chief of Staff to President: appointment.’’. 
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1 SEC. 509. CLARIFICATION OF TIME FOR RECEIPT OF STAT2 UTORY SELECTION BOARD COMMUNICA3 TIONS. 

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

5 614(b) of title 10, United States Code, is amended in the 

6 first sentence by inserting ‘‘11:59 p.m. on the day before’’ 

7 after ‘‘to arrive not later than’’. 

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

9 Section 14106 of such title is amended in the second sen10 tence by inserting ‘‘11:59 p.m. on the day before’’ after 

11 ‘‘so as to arrive not later than’’. 

12 SEC. 510. STANDARDIZATION OF GRADE OF SENIOR DEN13 TAL OFFICER OF THE AIR FORCE WITH THAT 

14 OF SENIOR DENTAL OFFICER OF THE ARMY. 

15 (a) AIR FORCE ASSISTANT SURGEON GENERAL FOR

16 DENTAL SERVICES.—Section 8081 of title 10, United 

17 States Code, is amended by striking ‘‘brigadier general’’ 

18 in the second sentence and inserting ‘‘major general’’. 

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

20 subsection (a) shall take effect on the date of the occur21 rence of the next vacancy in the position of Assistant Sur22 geon General for Dental Services in the Air Force that 

23 occurs after the date of the enactment of this Act or, if 

24 earlier, on the date of the appointment to the grade of 

25 major general of the officer who is the incumbent in that 

26 position on the date of the enactment of the Act. 
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1 Subtitle B—Reserve Component 

2 Management 

3 SEC. 511. USE OF RESERVE MONTGOMERY GI BILL BENE4 FITS AND BENEFITS FOR MOBILIZED MEM5 BERS OF THE SELECTED RESERVE AND NA6 TIONAL GUARD FOR PAYMENTS FOR LICENS7 ING OR CERTIFICATION TESTS. 

8 (a) CHAPTER 1606.—Section 16131 of title 10, 

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

10 following new subsection: 

11 ‘‘(j)(1) Subject to paragraph (3), the amount of edu12 cational assistance payable under this chapter for a licens13 ing or certification test described in section 3452(b) of 

14 title 38 is the lesser of $2,000 or the fee charged for the 

15 test. 

16 ‘‘(2) The number of months of entitlement charged 

17 in the case of any individual for such licensing or certifi18 cation test is equal to the number (including any fraction) 

19 determined by dividing the total amount of educational as20 sistance paid such individual for such test by the full-time 

21 monthly institutional rate of educational assistance which, 

22 but for paragraph (1), such individual would otherwise be 

23 paid under subsection (b). 

24 ‘‘(3) In no event shall payment of educational assist25 ance under this subsection for such a test exceed the 
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1 amount of the individual’s available entitlement under this 

2 chapter.’’. 

3 (b) CHAPTER 1607.—Section 16162 of such title is 

4 amended by adding at the end the following new sub5 section: 

6 ‘‘(e) The provisions of section 16131(j) of this title 

7 shall apply to the provision of educational assistance under 

8 this chapter, except that, in applying such section under 

9 this chapter, the reference to subsection (b) in paragraph 

10 (2) of such section is deemed to be a reference to sub11 section (c) of this section.’’. 

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

13 this section shall apply to tests administered on or after 

14 October 1, 2005. 

15 SEC. 512. MODIFICATIONS TO NEW RESERVE EDUCATIONAL 

16 BENEFIT FOR CERTAIN ACTIVE SERVICE IN 

17 SUPPORT OF CONTINGENCY OPERATIONS. 

18 (a) ELIGIBILITY CRITERIA.—Subsection (a) of sec19 tion 16163 of title 10, United States Code, is amended— 

20 (1) in the matter preceding paragraph (1), by 

21 striking ‘‘On or after September 11, 2001, a mem22 ber’’ and inserting ‘‘A member’’; 

23 (2) in paragraph (1), by striking ‘‘served on ac24 tive duty in support of a contingency operation’’ and 

25 inserting ‘‘was called or ordered to active duty on or 
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1 after September 11, 2001, in support of a contin2 gency operation and served on active duty in support 

3 of that contingency operation’’; and 

4 (3) in paragraph (2), by inserting ‘‘on or after 

5 September 11, 2001,’’ after ‘‘Secretary of Defense’’. 

6 (b) ADMINISTRATION OF SPECIFIED BENEFITS

7 ELECTION.—Subsection (e) of such section is amended by 

8 striking ‘‘Secretary concerned’’ and inserting ‘‘Secretary 

9 of Veterans Affairs’’. 

10 (c) EXCEPTION TO IMMEDIATE TERMINATION OF AS11 SISTANCE.—Section 16165 of such title is amended— 

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

13 inserting ‘‘(a) TERMINATION.—Except as provided 

14 in subsection (b), educational assistance’’; and 

15 (2) by adding at the end the following new sub16 section: 

17 ‘‘(b) EXCEPTION FOR SELECTED RESERVE MEM18 BERS CONTINUING IN READY RESERVE.—Under regula19 tions prescribed by the Secretary of Defense, educational 

20 assistance may be provided under this chapter to a mem21 ber of the Selected Reserve when the member incurs a 

22 break in service in the Selected Reserve of not more than 

23 90 days, if the member continues to serve in the Ready 

24 Reserve.’’. 
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1 SEC. 513. MILITARY TECHNICIANS (DUAL STATUS) MANDA2 TORY SEPARATION. 

3 (a) DEFERRAL OF SEPARATION.—Section 10216 of 

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

5 end the following new subsection: 

6 ‘‘(f) DEFERRAL OF MANDATORY SEPARATION.—The 

7 Secretary of the Army shall implement personnel policies 

8 so as to allow a military technician (dual status) who con9 tinues to meet the requirements of this section for dual 

10 status to continue to serve beyond a mandatory removal 

11 date for officers, and any applicable maximum years of 

12 service limitation, until the military technician (dual sta13 tus) reaches age 60 and attains eligibility for an unre14 duced annuity (as defined in section 10218(c) of this 

15 title).’’. 

16 (b) EFFECTIVE DATE.—The Secretary of the Army 

17 shall implement subsection (f) of section 10216 of title 10, 

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

19 than 90 days after the date of the enactment of this Act. 

20 SEC. 514. MILITARY RETIREMENT CREDIT FOR CERTAIN 

21 SERVICE BY NATIONAL GUARD MEMBERS 

22 PERFORMED WHILE IN A STATE DUTY STA23 TUS IMMEDIATELY AFTER THE TERRORIST 

24 ATTACKS OF SEPTEMBER 11, 2001. 

25 (a) RETIREMENT CREDIT.—Service of a member of 

26 the Ready Reserve of the Army National Guard or Air 
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1 National Guard described in subsection (b) shall be 

2 deemed to be service creditable under section 

3 12732(a)(2)(A)(i) of title 10, United States Code. 

4 (b) COVERED SERVICE.—Service referred to in sub5 section (a) is full-time State active duty service that a 

6 member of the National Guard performed on or after Sep7 tember 11, 2001, and before October 1, 2002, in any of 

8 the counties specified in subsection (c) to support a Fed9 eral declaration of emergency following the terrorist at10 tacks on the United States of September 11, 2001. 

11 (c) COVERED COUNTIES.—The counties referred to 

12 in subsection (b) are the following: 

13 (1) In the State of New York: Bronx, Kings, 

14 New York (boroughs of Brooklyn and Manhattan), 

15 Queens, Richmond, Delaware, Dutchess, Nassau, 

16 Orange, Putnam, Rockland, Suffolk, Sullivan, Ul17 ster, and Westchester. 

18 (2) In the State of Virginia: Arlington. 

19 (d) APPLICABILITY.—Subsection (a) shall take effect 

20 as of September 11, 2001. 
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1 SEC. 515. USE OF NATIONAL GUARD TO PROVIDE MILITARY 

2 SUPPORT TO CIVILIAN LAW ENFORCEMENT 

3 AGENCIES FOR DOMESTIC COUNTER-TER4 RORISM ACTIVITIES. 

5 (a) IN GENERAL.—Title 32, United States Code, is 

6 amended by adding the following new section: 

7 ‘‘§ 116. Use of National Guard to provide military sup8 port to civilian law enforcement agencies 

9 for domestic counter-terrorism activities 

10 ‘‘(a) PROVISION OF SUPPORT.—The Governor of a 

11 State may order the National Guard of such State to per12 form full-time National Guard duty under section 502(f) 

13 of this title for the purpose of providing, on a reimbursable 

14 basis, military support to a civilian law enforcement agen15 cy for domestic counter-terrorism activities. Members of 

16 the National Guard performing full-time National Guard 

17 duty in the Active Guard and Reserve Program may sup18 port or execute military support to civilian law enforce19 ment agencies for domestic counter-terrorism activities 

20 performed by the National Guard under this section. 

21 ‘‘(b) REIMBURSEMENT.—Notwithstanding any other 

22 provision of law, the Chief of the National Guard Bureau, 

23 or the designee of the Chief in the State concerned, shall 

24 accept monetary reimbursements for the costs incurred by 

25 the National Guard to provide support under subsection 

26 (a). Such monetary reimbursements will be deposited into 
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1 the appropriations used to fund activities under this title 

2 and may be used in the fiscal year in which received. The 

3 Secretary of Defense may waive the reimbursement re4 quirement under this section. 

5 ‘‘(c) CONDITION OF PROVISION OF SUPPORT.—Mili6 tary support to civilian law enforcement agencies for do7 mestic counter-terrorism activities may not be provided 

8 under subsection (a) if the provision of such support will 

9 affect adversely the military preparedness of the United 

10 States. To ensure that the use of units and personnel of 

11 the National Guard under such subsection does not de12 grade training and readiness, the following requirements 

13 shall apply in determining the activities that units and 

14 personnel of the National Guard of a State may perform: 

15 ‘‘(1) The performance of the activities may not 

16 affect adversely the quality of training or otherwise 

17 interfere with the ability of a member or unit of the 

18 National Guard to perform the military functions of 

19 the member or unit. 

20 ‘‘(2) The performance of the activities will not 

21 degrade the military skills of the members of the 

22 National Guard performing those activities. 

23 ‘‘(d) STATUTORY CONSTRUCTION.—Nothing in this 

24 section shall be construed as a limitation on the authority 

25 of any unit or member of the National Guard of a State, 
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1 when not in Federal service, to perform functions author2 ized to be performed by the National Guard by the laws 

3 of the State concerned. Nothing in this section shall be 

4 construed as a limitation on the authority of any unit or 

5 member of the National Guard of a State, when not in 

6 Federal service, to provide military assistance or support 

7 to civil authority in the normal course of military training 

8 or operations on a non-reimbursable basis. 

9 ‘‘(e) DEFINITIONS.—In this section: 

10 ‘‘(1) The term ’State’ means each of the several 

11 States, the District of Columbia, the Commonwealth 

12 of Puerto Rico, or a territory or possession of the 

13 United States. 

14 ‘‘(2) The term ’domestic counter-terrorism’ 

15 means measures taken to prevent, deter, and re16 spond to terrorism within a State.’’. 

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

18 at the beginning of chapter 1 of such title is amended by 

19 adding at the end the following new item: 

‘‘116. Use of National Guard to provide military support to civilian law enforcement agencies for domestic counter-terrorism activities.’’. 

20 (c) CONFORMING AMENDMENT TO TITLE 10.—Sec21 tion 115(i) of title 10, United States Code, is amended 

22 by inserting ‘‘or providing military support to civilian law 

23 enforcement agencies for domestic counter-terrorism ac24 tivities under section 116 of such title’’ after ‘‘title 32’’. 
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1 Subtitle C—Education and 

2 Training 

3 SEC. 521. REPEAL OF LIMITATION ON AMOUNT OF FINAN4 CIAL ASSISTANCE UNDER ROTC SCHOLAR5 SHIP PROGRAMS. 

6 (a) GENERAL ROTC PROGRAM.—Section 2107(c) of 

7 title 10, United States Code, is amended— 

8 (1) by striking paragraph (4); and 

9 (2) in paragraph (5)(B), by striking ‘‘, (3), or 

10 (4)’’ and inserting ‘‘or (3)’’. 

11 (b) ARMY RESERVE AND ARMY NATIONAL GUARD

12 PROGRAM.—Section 2107a(c) of such title is amended by 

13 striking paragraph (3). 

14 (c) EFFECTIVE DATE.—Paragraph (4) of section 

15 2107(c) of title 10, United States Code, and paragraph 

16 (3) of section 2107a(c) of such title, as in effect on the 

17 day before the date of the enactment of this Act, shall 

18 continue to apply in the case of any individual selected 

19 before the date of the enactment of this Act for appoint20 ment as a cadet or midshipman under section 2107 or 

21 2107a of such title. 
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1 SEC. 522. INCREASED ENROLLMENT FOR ELIGIBLE DE2 FENSE INDUSTRY EMPLOYEES IN THE DE3 FENSE PRODUCT DEVELOPMENT PROGRAM 

4 AT NAVAL POSTGRADUATE SCHOOL. 

5 Section 7049(a) of title 10, United States Code, is 

6 amended— 

7 (1) by inserting ‘‘and systems engineering’’ 

8 after ‘‘curriculum related to defense product develop9 ment’’; and 

10 (2) by striking ‘‘10’’ and inserting ‘‘25’’. 

11 SEC. 523. PAYMENT OF EXPENSES TO OBTAIN PROFES12 SIONAL CREDENTIALS. 

13 (a) IN GENERAL.—Chapter 101 of title 10, United 

14 States Code, is amended by adding at the end the fol15 lowing new section: 

16 ‘‘§ 2015. Payment of expenses to obtain professional 

17 credentials 

18 ‘‘(a) AUTHORITY.—The Secretary of Defense and the 

19 Secretary of Homeland Security, with respect to the Coast 

20 Guard when it is not operating as a service in the Navy, 

21 may pay for— 

22 ‘‘(1) expenses for members of the armed forces 

23 to obtain professional credentials, including expenses 

24 for professional accreditation, State-imposed and 

25 professional licenses, and professional certification; 

26 and 
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1 ‘‘(2) examinations to obtain such credentials. 

2 ‘‘(b) LIMITATION.—The authority under subsection 

3 (a) may not be used to pay the expenses of a member 

4 to obtain professional credentials that are a prerequisite 

5 for appointment in the armed forces.’’. 

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

7 at the beginning of such chapter is amended by adding 

8 at the end the following new item: 

‘‘2015. Payment of expenses to obtain professional credentials.’’. 

9 SEC. 524. AUTHORITY FOR NATIONAL DEFENSE UNIVER10 SITY AWARD OF DEGREE OF MASTER OF 

11 SCIENCE IN JOINT CAMPAIGN PLANNING 

12 AND STRATEGY. 

13 (a) JOINT FORCES STAFF COLLEGE PROGRAM.— 

14 Section 2163 of title 10, United States Code, is amended 

15 to read as follows: 

16 ‘‘§ 2163. National Defense University: master of 

17 science degrees 

18 ‘‘(a) AUTHORITY TO AWARD SPECIFIED DEGREES.— 

19 The President of the National Defense University, upon 

20 the recommendation of the faculty of the respective college 

21 or other school within the University, may confer the mas22 ter of science degrees specified in subsection (b). 

23 ‘‘(b) AUTHORIZED DEGREES.—The following degrees 

24 may be awarded under subsection (a): 
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1 ‘‘(1) MASTER OF SCIENCE IN NATIONAL SECU2 RITY STRATEGY.—The degree of master of science in 

3 national security strategy, to graduates of the Uni4 versity who fulfill the requirements of the program 

5 of the National War College. 

6 ‘‘(2) MASTER OF SCIENCE IN NATIONAL RE7 SOURCE STRATEGY.—The degree of master of 

8 science in national resource strategy, to graduates of 

9 the University who fulfill the requirements of the 

10 program of the Industrial College of the Armed 

11 Forces. 

12 ‘‘(3) MASTER OF SCIENCE IN JOINT CAMPAIGN

13 PLANNING AND STRATEGY.—The degree of master 

14 of science in joint campaign planning and strategy, 

15 to graduates of the University who fulfill the re16 quirements of the program of the Joint Advanced 

17 Warfighting School at the Joint Forces Staff Col18 lege. 

19 ‘‘(c) REGULATIONS.—The authority provided by this 

20 section shall be exercised under regulations prescribed by 

21 the Secretary of Defense.’’. 

22 (b) CLERICAL AMENDMENT.—The item relating to 

23 section 2163 in the table of sections at the beginning of 

24 chapter 108 of such title is amended to read as follows: 

‘‘2163. National Defense University: master of science degrees.’’. 
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1 (c) EFFECTIVE DATE.—Paragraph (3) of section 

2 2163(b) of title 10, United States Code, as amended by 

3 subsection (a), shall take effect for degrees awarded after 

4 May 2005. 

5 SEC. 525. ONE-YEAR EXTENSION OF AUTHORITY TO USE AP6 PROPRIATED FUNDS TO PROVIDE RECOGNI7 TION ITEMS FOR RECRUITMENT AND RETEN8 TION OF CERTAIN RESERVE COMPONENT 

9 PERSONNEL. 

10 Section 18506(d) of title 10, United States Code, and 

11 section 717(e) of title 32, United States Code, are each 

12 amended by striking ‘‘December 31, 2005’’ and inserting 

13 ‘‘December 31, 2006’’. 

14 SEC. 526. REPORT ON RATIONALE AND PLANS OF THE 

15 NAVY TO PROVIDE ENLISTED MEMBERS AN 

16 OPPORTUNITY TO OBTAIN GRADUATE DE17 GREES. 

18 (a) REPORT.—The Secretary of the Navy shall sub19 mit to the Committee on Armed Services of the Senate 

20 and the Committee on Armed Services of the House of 

21 Representatives a report on the plans, if any, of the Sec22 retary, and the rationale for those plans, for a program 

23 to provide enlisted members of the Navy with opportuni24 ties to pursue graduate degree programs either through 

25 Navy schools or paid for by the Navy in return for an 
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1 additional service obligation. The report shall include the 

2 following: 

3 (1) The underlying philosophy and objectives 

4 supporting a decision to provide opportunities for 

5 graduate degrees to enlisted members of the Navy. 

6 (2) An overall description of how the award of 

7 a graduate degree to an enlisted member would fit 

8 in an integrated, progressive, coordinated, and sys9 tematic way into the goals and requirements of the 

10 Navy for enlisted career development and for profes11 sional education, together with a discussion of a 

12 wider requirement, if any, for programs for the 

13 award of associate and baccalaureate degrees to en14 listed members, particularly in the career fields 

15 under consideration for the pilot program referred to 

16 in subsection (b). 

17 (3) A discussion of the scope and details of the 

18 plan to ensure that Navy enlisted members have the 

19 requisite academic baccalaureate degrees as a pre20 requisite for undertaking graduate-level work. 

21 (4) Identification of the specific enlisted career 

22 fields for which the Secretary has determined that a 

23 graduate degree should be a requirement, as well as 

24 the rationale for that determination. 
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1 (5) A description of the concept of the Sec2 retary of the Navy for the process and mechanism 

3 of providing graduate degrees to enlisted members, 

4 including, as a minimum, the Secretary’s plan for 

5 whether the degree programs would be provided 

6 through civilian or military degree-granting institu7 tions and whether through in-resident or distance 

8 learning or some combination thereof. 

9 (6) A description of the plan to ensure proper 

10 and effective utilization of enlisted members fol11 lowing the award of a graduate degree. 

12 (b) REPORT ON PILOT PROGRAM.—In addition to the 

13 report under subsection (a), the Secretary of the Navy 

14 may submit a plan for a pilot program to make available 

15 opportunities to pursue graduate degree programs to a 

16 limited number of Navy enlisted members in a specific, 

17 limited set of critical career fields. Such a plan shall in18 clude, as a minimum, the following: 

19 (1) The specific objectives of the pilot program. 

20 (2) An identification of the specific enlisted ca21 reer fields from which candidates for the program 

22 would be drawn, the numbers and prerequisite quali23 fications of initial candidates, and the process for se24 lecting the enlisted members who would initially par25 ticipate. 
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1 (3) The process and mechanism for providing 

2 the degrees, described in the same manner as speci3 fied under subsection (a)(5), and a general descrip4 tion of course content. 

5 (4) An analysis of the cost effectiveness of 

6 using Navy, other service, or civilian degree granting 

7 institutions in the pilot. 

8 (5) The plan for post-graduation utilization of 

9 the enlisted members who obtain graduate degrees 

10 under the program. 

11 (6) The criteria and plan for assessing whether 

12 the objectives of the pilot program are met. 

13 SEC. 527. INCREASE IN ANNUAL LIMIT ON NUMBER OF 

14 ROTC SCHOLARSHIPS UNDER ARMY RESERVE 

15 AND NATIONAL GUARD PROGRAM. 

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

17 amended by striking ‘‘208’’ and inserting ‘‘416’’. 

18 SEC. 528. CAPSTONE OVERSEAS FIELD STUDIES TRIPS TO 

19 PEOPLE’S REPUBLIC OF CHINA AND REPUB20 LIC OF CHINA ON TAIWAN. 

21 Section 2153 of title 10, United States Code, is 

22 amended by adding at the end the following new sub23 section: 

24 ‘‘(c) OVERSEAS FIELD STUDIES TO CHINA AND TAI25 WAN.—The Secretary of Defense shall direct the National 
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1 Defense University to ensure that visits to China and Tai2 wan are an integral part of the field study programs con3 ducted by the university as part of the military education 

4 course carried out pursuant to subsection (a) and that 

5 such field study programs include annually at least one 

6 class field study trip to the People’s Republic of China 

7 and at least one class field study trip to the Republic of 

8 China on Taiwan.’’. 

9 SEC. 529. SENSE OF CONGRESS CONCERNING ESTABLISH10 MENT OF NATIONAL COLLEGE OF HOMELAND 

11 SECURITY. 

12 It is the sense of Congress that the Secretary of De13 fense, in consultation with the Secretary of Homeland Se14 curity, should establish within the National Defense Uni15 versity an educational institution, to be known as the Na16 tional College of Homeland Security, to have the mission 

17 of providing strategic-level homeland security and home18 land defense education and related research to civilian and 

19 military leaders from all agencies of government in order 

20 to contribute to the development of a common under21 standing of core homeland security principles and of effec22 tive interagency and multijurisdictional homeland security 

23 strategies, policies, doctrines, and processes. 
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1 Subtitle D—General Service 

2 Requirements 

3 SEC. 531. UNIFORM ENLISTMENT STANDARDS FOR THE 

4 ARMED FORCES. 

5 (a) UNIFORM STANDARDS.—Section 504 of title 10, 

6 United States Code, is amended— 

7 (1) by inserting ‘‘(a)’’ at the beginning of the 

8 text; and 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(b)(1) Except as provided under paragraph (2), a 

12 person may not be enlisted in any armed force unless that 

13 person is one of the following: 

14 ‘‘(A) A national of the United States, as de15 fined in section 101(a)(22) of the Immigration and 

16 Nationality Act (8 U.S.C. 1101(a)(22)). 

17 ‘‘(B) An alien who is lawfully admitted for per18 manent residence, as defined in section 101(a)(20) 

19 of the Immigration and Nationality Act (8 U.S.C. 

20 1101(a)(20)). 

21 ‘‘(C) A person described in section 341 of one 

22 of the following: 

23 ‘‘(i) The Compact of Free Association be24 tween the Federated States of Micronesia and 

25 the United States (section 201(a) of Public 
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1 Law 108–188 (117 Stat. 2784; 48 U.S.C. 1921 

2 note)). 

3 ‘‘(ii) The Compact of Free Association be4 tween the Republic of the Marshall Islands and 

5 the United States (section 201(b) of Public 

6 Law 108–188 (117 Stat. 2823; 48 U.S.C. 1921 

7 note)). 

8 ‘‘(iii) The Compact of Free Association be9 tween Palau and the United States (section 201 

10 of Public Law 99–658 (100 Stat. 3678; 48 

11 U.S.C. 1931 note)). 

12 ‘‘(2) The Secretary concerned may authorize the en13 listment of persons not described in paragraph (1) when 

14 the Secretary determines that such enlistment is vital to 

15 the national interest.’’. 

16 (b) CONFORMING REPEAL OF SERVICE-SPECIFIC

17 PROVISIONS.— 

18 (1) REPEAL.—Sections 3253 and 8253 of such 

19 title are repealed. 

20 (2) CLERICAL AMENDMENTS.—The table of sec21 tions at the beginning of chapter 333 is amended by 

22 striking the item relating to section 3253. The table 

23 of sections at the beginning of chapter 833 is 

24 amended by striking the item relating to section 

25 8253. 
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1 SEC. 532. INCREASE IN MAXIMUM TERM OF ORIGINAL EN2 LISTMENT IN REGULAR COMPONENT. 

3 Section 505(c) of title 10, United States Code, is 

4 amended by striking ‘‘six years’’ and inserting ‘‘eight 

5 years’’. 

6 SEC. 533. MEMBERS COMPLETING STATUTORY INITIAL 

7 MILITARY SERVICE OBLIGATION. 

8 (a) NOTIFICATION TO INITIAL ENTRANTS.—Section 

9 651(a) of title 10, United States Code, is amended by add10 ing at the end the following new subsection: 

11 ‘‘(c) Each person covered by subsection (a), upon 

12 commencing that person’s initial period of service as a 

13 member of the armed forces, shall be provided the date 

14 on which the initial military service obligation of that per15 son under this section ends.’’. 

16 (b) NOTIFICATION TO INDIVIDUAL READY RESERVE

17 MEMBERS.—Section 10144 of such title is amended by 

18 adding at the end the following new subsection: 

19 ‘‘(c) In the case of a member of the armed forces 

20 who is serving in the Individual Ready Reserve to complete 

21 the initial military service obligation of that member under 

22 section 651 of this title, the Secretary concerned shall— 

23 ‘‘(1) notify the member when the period of that 

24 service obligation is completed; and 
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1 ‘‘(2) before the date when that period is com2 pleted, provide to that member an opportunity, if the 

3 member is qualified, to— 

4 ‘‘(A) continue voluntarily in the Ready Re5 serve; or 

6 ‘‘(B) transfer voluntarily to an active com7 ponent.’’. 

8 (c) PROHIBITION OF CERTAIN INVOLUNTARY PER9 SONNEL ACTIONS.— 

10 (1) IN GENERAL.—Chapter 1215 of such title is 

11 amended by adding at the end the following new sec12 tion: 

13 ‘‘§ 12553. Members of Individual Ready Reserve com14 pleting initial military service obligation: 

15 prohibition of certain involuntary per16 sonnel actions 

17 ‘‘(a) PROHIBITION.—In the case of a member of the 

18 armed forces who is serving in the Individual Ready Re19 serve to complete the initial military service obligation of 

20 that member under section 651 of this title, the Secretary 

21 concerned may not, after the end of the period of that 

22 service obligation, issue the member an order for an action 

23 specified in subsection (b) unless the member, before the 

24 end of that period, has entered into a service agreement 
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1 that commits the member to military service beyond the 

2 end of that period. 

3 ‘‘(b) COVERED ACTIONS.—Subsection (a) applies to 

4 an involuntary mobilization in accordance with section 

5 12301(a), 12301(b), 12302, or 12304 of this title, or a 

6 recall to active duty, that commences after the date of the 

7 end of the period of the military service obligation or a 

8 transfer to the Selected Reserve.’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of such chapter is amended 

11 by adding at the end the following new item: 

‘‘12553. Members of Individual Ready Reserve completing initial military service obligation: prohibition of certain involuntary personnel actions.’’. 

12 (3) EFFECTIVE DATE.—Section 12533 of title 

13 10, United States Code, as added by paragraph (1), 

14 shall apply with respect to orders issued by the Sec15 retary concerned after the date of the enactment of 

16 this Act. 

17 SEC. 534. EXTENSION OF QUALIFYING SERVICE FOR INI18 TIAL MILITARY SERVICE UNDER NATIONAL 

19 CALL TO SERVICE PROGRAM. 

20 Section 510(d) of title 10, United States Code, is 

21 amended by inserting before the period at the end the fol22 lowing: ‘‘and shall include military occupational specialties 

23 for enlistments for officer training and subsequent service 

24 as an officer, in cases in which the reason for the enlist-
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1 ment and entry into an agreement under subsection (b) 

2 is to enter an officer training program’’. 

3 Subtitle E—Matters Relating to 

4 Casualties 

5 SEC. 541. REQUIREMENT FOR MEMBERS OF THE ARMED 

6 FORCES TO DESIGNATE A PERSON TO BE AU7 THORIZED TO DIRECT THE DISPOSITION OF 

8 THE MEMBER’S REMAINS. 

9 (a) DESIGNATION REQUIRED.—Section 655 of title 

10 10, United States Code, is amended— 

11 (1) by redesignating subsection (b) as sub12 section (c); and 

13 (2) by inserting after subsection (a) the fol14 lowing new subsection (b): 

15 ‘‘(b) The Secretary concerned shall, upon the enlist16 ment or appointment of a person in the armed forces, re17 quire that the person specify in writing the person author18 ized to direct the disposition of the person’s remains under 

19 section 1482 of this title. The Secretary shall periodically, 

20 and whenever the member is deployed as part of a contin21 gency operation or in other circumstances specified by the 

22 Secretary, require that such designation be reconfirmed, 

23 or modified, by the member.’’. 
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1 (b) CHANGE IN DESIGNATION.—Subsection (c) of 

2 such section, as redesignated by subsection (a)(1), is 

3 amended by inserting ‘‘or (b)’’ after ‘‘subsection (a)’’. 

4 (c) PERSONS AUTHORIZED TO DIRECT DISPOSITION

5 OF REMAINS.—Section 1482(c) of such title is amended— 

6 (1) by striking the matter preceding paragraph 

7 (1) and inserting the following: 

8 ‘‘(c) The person designated under section 655(b) of 

9 this title shall be considered for all purposes to be the per10 son designated under this subsection to direct disposition 

11 of the remains of a decedent covered by this chapter. If 

12 the person so designated is not available, or if there was 

13 no such designation under that section, one of the fol14 lowing persons, in the order specified, shall be the person 

15 designated to direct the disposition of remains:’’; and 

16 (2) in paragraph (4), by striking ‘‘clauses (1)– 

17 (3)’’ and inserting ‘‘paragraph (1), (2), or (3)’’. 

18 (d) EFFECTIVE DATE.—Subsection (b) of section 

19 655 of title 10, United States Code, as added by sub20 section (a)(2), shall take effect at the end of the 30-day 

21 period beginning on the date of the enactment of this Act 

22 and shall be applied to persons enlisted or appointed in 

23 the Armed Forces after the end of such period. In the 

24 case of persons who are members of the Armed Forces 

25 as of the end of such 30-day period, such subsection— 
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1 (1) shall be applied to any member who is de2 ployed to a contingency operation after the end of 

3 such period; and 

4 (2) in the case of any member not sooner cov5 ered under paragraph (1), shall be applied before the 

6 end of the 180-day period beginning on the date of 

7 the enactment of this Act. 

8 (e) TREATMENT OF PRIOR DESIGNATIONS.— 

9 (1) A qualifying designation by a decedent cov10 ered by section 1481 of title 10, United States Code, 

11 shall be treated for purposes of section 1482 of such 

12 title as having been made under section 655(b) of 

13 such title. 

14 (2) QUALIFYING DESIGNATIONS.—For purposes 

15 of paragraph (1), a qualifying designation is a des16 ignation by a person of the person to be authorized 

17 to direct disposition of the remains of the person 

18 making the designation that was made before the 

19 date of the enactment of this Act and in accordance 

20 with regulations and procedures of the Department 

21 of Defense in effect at the time. 

22 SEC. 542. ENHANCED PROGRAM OF CASUALTY ASSISTANCE 

23 OFFICERS AND SERIOUSLY INJURED/ILL AS24 SISTANCE OFFICERS. 

25 (a) REQUIRED STANDARDS AND TRAINING.— 
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1 (1) IN GENERAL.—Subchapter I of chapter 88 

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

4 ‘‘§ 1790. Casualty Assistance Officers; Seriously In5 jured/Ill Assistance Officers 

6 ‘‘(a) ASSIGNMENT OF CAOS.—Whenever a member 

7 of the Army, Navy, Air Force, or Marine Corps dies while 

8 on active duty or otherwise under circumstances for which 

9 a death gratuity under section 1475 or 1476 of this title 

10 is to be paid, the Secretary of the military department con11 cerned shall provide for the assignment of a Casualty As12 sistance Officer to assist the family members of the de13 ceased member. 

14 ‘‘(b) ASSIGNMENT OF SIAOS.—Whenever a member 

15 of the Army, Navy, Air Force, or Marine Corps is seriously 

16 injured or becomes seriously ill while on active duty or 

17 otherwise under circumstances for which, if the member 

18 died, a death gratuity under section 1475 or 1476 of this 

19 title would be paid, the Secretary of the military depart20 ment concerned shall provide for the assignment of a Seri21 ously Injured/Ill Assistance Officer to assist the member 

22 and the member’s family members. 

23 ‘‘(c) PERSONS WHO MAY BE ASSIGNED.—The Sec24 retary concerned may only assign as a Casualty Assistance 

25 Officer or Seriously Injured/Ill Assistance Officer a mem-
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1 ber of the armed forces who is an officer or a noncommis2 sioned officers in pay grade E–7 or above or a person who 

3 is a Federal civilian employee. 

4 ‘‘(d) DUTIES AND FUNCTIONS .—The Secretary of 

5 Defense shall prescribe the duties and functions of Cas6 ualty Assistance Officers and Seriously Injured/Ill Assist7 ance Officers. Such functions shall include the following 

8 functions for family members: 

9 ‘‘(1) Information source. 

10 ‘‘(2) Counsellor. 

11 ‘‘(3) Advisor on obtaining needed information 

12 and services. 

13 ‘‘(4) Administrative assistant. 

14 ‘‘(5) Advocate for family members with military 

15 authorities. 

16 ‘‘(e) DURATION AND LOCATION OF ASSISTANCE.— 

17 Once a family is assigned a Casualty Assistance Officer 

18 or Seriously Injured/Ill Assistance Officer, the Secretary 

19 concerned shall ensure that such an officer is continuously 

20 assigned to that family, regardless of family location, until 

21 the Secretary determines that the family is no longer in 

22 need of assistance from such an officer. 

23 ‘‘(f) TRAINING AND OVERSIGHT.—(1) The Secretary 

24 of Defense shall establish standards for performance of 

25 the duties of Casualty Assistance Officers and Seriously 
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1 Injured/Ill Assistance Officers, and shall monitor the 

2 training programs of the military departments for persons 

3 assigned to duty as such officers, in order to ensure that 

4 Casualty Assistance Officers and Seriously Injured/Ill As5 sistance Officers are properly trained. 

6 ‘‘(2) The Secretary of each military department 

7 shall— 

8 ‘‘(A) ensure that Casualty Assistance Officers 

9 and Seriously Injured/Ill Assistance Officers are 

10 properly trained; and 

11 ‘‘(B) monitor the performance of persons as12 signed to duty as Casualty Assistance Officers and 

13 Seriously Injured/Ill Assistance Officers. 

14 ‘‘(g) CRITERIA FOR DETERMINATION OF SERIOUS

15 INJURY OR ILLNESS.—The Secretary of Defense shall 

16 specify criteria for determination for purposes of this sec17 tion of whether a member is seriously injured or seriously 

18 ill.’’. 

19 (2) CLERICAL AMENDMENT.—The table of sec20 tions at the beginning of such chapter is amended 

21 by adding at the end the following new item: 

‘‘1790. Casualty Assistance Officers; Seriously Injured/Ill Assistance Officers.’’. 

22 (b) IMPLEMENTATION.—The Secretary of Defense 

23 shall prescribe regulations for the implementation of sec24 tion 1790 of title 10, United States Code, as added by 
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1 subsection (a), not later than180 days after the date of 

2 the enactment of this Act. 

3 SEC. 543. STANDARDS AND GUIDELINES FOR DEPARTMENT 

4 OF DEFENSE PROGRAMS TO ASSIST WOUND5 ED AND INJURED MEMBERS. 

6 The Secretary of Defense shall examine the programs 

7 of the Army, Navy, Air Force, and Marine Corps that pro8 vide assistance to members of the Armed Forces who incur 

9 severe wounds or injuries in the line of duty, including 

10 the Army Disabled Soldier Support Program and the Ma11 rine for Life Injured Support Program, and (based on 

12 such examination) shall develop standards and guidelines 

13 as necessary to coordinate and standardize those programs 

14 with the activities of the Severely Injured Joint Support 

15 Operations Center of the Department of Defense, estab16 lished as of February 1, 2005. The Secretary shall publish 

17 regulations to implement the standards and guidelines de18 veloped pursuant to the preceding sentence not later than 

19 180 days after the date of the enactment of this Act. 

20 SEC. 544. AUTHORITY FOR MEMBERS ON ACTIVE DUTY 

21 WITH DISABILITIES TO PARTICIPATE IN 

22 PARALYMPIC GAMES. 

23 Section 717(a) of title 10, United States Code, is 

24 amended by striking ‘‘participate in—’’ and all that fol-
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1 lows through ‘‘(2) any other’’ and inserting ‘‘participate 

2 in any of the following sports competitions: 

3 ‘‘(1) The Pan-American Games and the Olym4 pic Games, and qualifying events and preparatory 

5 competition for those games. 

6 ‘‘(2) The Paralympic Games, if eligible to par7 ticipate in those games, and qualifying events and 

8 preparatory competition for those games. 

9 ‘‘(3) Any other’’. 

10 Subtitle F—Military Justice and 

11 Legal Assistance Matters 

12 SEC. 551. CLARIFICATION OF AUTHORITY OF MILITARY 

13 LEGAL ASSISTANCE COUNSEL TO PROVIDE 

14 MILITARY LEGAL ASSISTANCE WITHOUT RE15 GARD TO LICENSING REQUIREMENTS. 

16 Section 1044 of title 10, United States Code, is 

17 amended by adding at the end the following new sub18 section: 

19 ‘‘(e)(1) Notwithstanding any law regarding the licen20 sure of attorneys, a judge advocate or civilian attorney 

21 who is authorized to provide military legal assistance is 

22 authorized to provide that assistance in any jurisdiction, 

23 subject to such regulations as may be prescribed by the 

24 Secretary concerned. 
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1 ‘‘(2) In this subsection, the term ‘military legal as2 sistance’ includes— 

3 ‘‘(A) legal assistance provided under this sec4 tion; and 

5 ‘‘(B) legal assistance contemplated by sections 

6 1044a, 1044b, 1044c, and 1044d of this title.’’. 

7 SEC. 552. USE OF TELECONFERENCING IN ADMINISTRA8 TIVE SESSIONS OF COURTS-MARTIAL. 

9 Section 839 of title 10, United States Code (article 

10 39 of the Uniform Code of Military Justice), is amended— 

11 (1) by redesignating subsection (b) as sub12 section (c); 

13 (2) by designating the matter following para14 graph (4) of subsection (a) as subsection (b); and 

15 (3) in subsection (b), as so redesignated— 

16 (A) by striking ‘‘These proceedings shall be 

17 conducted’’ and inserting ‘‘Proceedings under 

18 subsection (a) shall be conducted’’; and 

19 (B) by adding at the end the following new 

20 sentence: ‘‘If authorized by regulations of the 

21 Secretary concerned, and if the defense counsel 

22 is physically in the presence of the accused, the 

23 presence required by this subsection may other24 wise be established by audiovisual technology 

25 (such as videoteleconferencing technology).’’. 
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1 SEC. 553. EXTENSION OF STATUTE OF LIMITATIONS FOR 

2 MURDER, RAPE, AND CHILD ABUSE OF3 FENSES UNDER THE UNIFORM CODE OF MILI4 TARY JUSTICE. 

5 (a) NO LIMITATION FOR MURDER, RAPE, OR RAPE

6 OF A CHILD.—Section 843 of title 10, United States Code 

7 (article 43 of the Uniform Code of Military Justice), is 

8 amended in subsection (a) by inserting after ‘‘in a time 

9 of war,’’ the following: ‘‘with murder, rape, or rape of a 

10 child,’’. 

11 (b) SPECIAL RULES FOR CHILD ABUSE OF12 FENSES.—Such section is further amended in subsection 

13 (b)(2)— 

14 (1) in subparagraph (A), by striking ‘‘before 

15 the child attains the age of 25 years’’ and inserting 

16 ‘‘during the life of the child or within five years 

17 after the date on which the offense was committed, 

18 whichever provides a longer period,’’; 

19 (2) In subparagraph (B)— 

20 (A) in the matter preceding clause (i), by 

21 striking ‘‘sexual or physical’’; 

22 (B) in clause (i), by striking ‘‘Rape or car23 nal knowledge’’ and inserting ‘‘Any offense’’; 

24 and 
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1 (C) in clause (v), by striking ‘‘Indecent as2 sault,’’ and inserting ‘‘Kidnapping; indecent as3 sault;’’; and 

4 (3) by adding at the end the following new sub5 paragraph: 

6 ‘‘(C) In subparagraph (A), the term ‘child 

7 abuse offense’ includes an act that involves abuse of 

8 a person who has not attained the age of 18 years 

9 and would constitute an offense under chapter 110 

10 or 117, or under section 1591, of title 18.’’. 

11 SEC. 554. OFFENSE OF STALKING UNDER THE UNIFORM 

12 CODE OF MILITARY JUSTICE. 

13 (a) IN GENERAL.—(1) Subchapter X of chapter 47 

14 of title 10, United States Code (the Uniform Code of Mili15 tary Justice), is amended by inserting after section 928 

16 (article 128) the following new section: 

17 ‘‘§ 928a. Art. 128a. Stalking 

18 ‘‘Any person subject to this chapter who, on two or 

19 more occasions, engages in one or more threatening acts 

20 with respect to a specific person— 

21 ‘‘(1) that the person knows or should know 

22 would place the specific person in emotional distress 

23 or in reasonable fear of death or bodily harm to the 

24 specific person or to an immediate family member or 

25 intimate partner of the specific person; and 
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1 ‘‘(2) that places the specific person in emotional 

2 distress or in reasonable fear of death or bodily 

3 harm to the specific person or to an immediate fam4 ily member or intimate partner of the specific per5 son; 

6 is guilty of stalking and shall be punished as a court-mar7 tial may direct.’’. 

8 (2) The table of sections at the beginning of such sub9 chapter is amended by inserting after the item relating 

10 to section 928 the following new item: 

‘‘928a. Art. 128a. Stalking.’’. 

11 (b) APPLICABILITY.—Section 928a of title 10, United 

12 States Code (article 128a of the Uniform Code of Military 

13 Justice), as added by subsection (a), applies to offenses 

14 committed after the date that is six months after the date 

15 of the enactment of this Act. 

16 SEC. 555. RAPE, SEXUAL ASSAULT, AND OTHER SEXUAL 

17 MISCONDUCT UNDER UNIFORM CODE OF 

18 MILITARY JUSTICE. 

19 (a) REVISION TO UCMJ.— 

20 (1) IN GENERAL.—Section 920 of title 10, 

21 United States Code (article 120 of the Uniform 

22 Code of Military Justice), is amended to read as fol23 lows: 
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1 ‘‘§ 920. Art. 120. Rape, sexual assault, and other sex2 ual misconduct 

3 ‘‘(a) RAPE.—Any person subject to this chapter who 

4 causes another person of any age to engage in a sexual 

5 act by— 

6 ‘‘(1) using force against that other person; 

7 ‘‘(2) causing grievous bodily harm to any per8 son; 

9 ‘‘(3) threatening or placing that other person in 

10 fear that any person will be subjected to death, 

11 grievous bodily harm, or kidnapping; 

12 ‘‘(4) rendering another person unconscious; or 

13 ‘‘(5) administering to another person by force 

14 or threat of force, or without the knowledge or per15 mission of that person, a drug, intoxicant, or other 

16 similar substance and thereby substantially impairs 

17 the ability of that other person to appraise or con18 trol conduct, 

19 is guilty of rape and shall be punished as a court-martial 

20 may direct. 

21 ‘‘(b) RAPE OF A CHILD.—Any person subject to this 

22 chapter who— 

23 ‘‘(1) engages in a sexual act with a child who 

24 has not attained the age of twelve years; or 
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1 ‘‘(2) engages in a sexual act under the cir2 cumstances described in subsection (a) with a child 

3 who has attained the age of twelve years, 

4 is guilty of rape of a child and shall be punished as a 

5 court-martial may direct. 

6 ‘‘(c) AGGRAVATED SEXUAL ASSAULT.—Any person 

7 subject to this chapter who— 

8 ‘‘(1) causes another person of any age to en9 gage in a sexual act by— 

10 ‘‘(A) threatening or placing that other per11 son in fear (other than by threatening or plac12 ing that other person in fear that any person 

13 will be subjected to death, grievous bodily harm, 

14 or kidnapping); or 

15 ‘‘(B) causing bodily harm; or 

16 ‘‘(2) engages in a sexual act with another per17 son of any age if that other person is substantially 

18 incapacitated or substantially incapable of— 

19 ‘‘(A) appraising the nature of the sexual 

20 act; 

21 ‘‘(B) declining participation in the sexual 

22 act; or 

23 ‘‘(C) communicating unwillingness to en24 gage in the sexual act, 
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1 is guilty of aggravated sexual assault and shall be pun2 ished as a court-martial may direct. 

3 ‘‘(d) AGGRAVATED SEXUAL ASSAULT OF A CHILD.— 

4 Any person subject to this chapter who engages in a sexual 

5 act with a child who has attained the age of twelve years 

6 is guilty of aggravated sexual assault of a child and shall 

7 be punished as a court-martial may direct. 

8 ‘‘(e) AGGRAVATED SEXUAL CONTACT.—Any person 

9 subject to this chapter who engages in or causes sexual 

10 contact with or by another person, if to do so would violate 

11 subsection (a) (rape) had the sexual contact been a sexual 

12 act, is guilty of aggravated sexual contact and shall be 

13 punished as a court-martial may direct. 

14 ‘‘(f) AGGRAVATED SEXUAL ABUSE OF A CHILD.— 

15 Any person subject to this chapter who engages in a lewd 

16 act with a child is guilty of aggravated sexual abuse of 

17 a child and shall be punished as a court-martial may di18 rect. 

19 ‘‘(g) AGGRAVATED SEXUAL CONTACT WITH A

20 CHILD.—Any person subject to this chapter who engages 

21 in or causes sexual contact with or by another person, if 

22 to do so would violate subsection (b) (rape of a child) had 

23 the sexual contact been a sexual act, is guilty of aggra24 vated sexual contact with a child and shall be punished 

25 as a court-martial may direct. 
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1 ‘‘(h) ABUSIVE SEXUAL CONTACT.—Any person sub2 ject to this chapter who engages in or causes sexual con3 tact with or by another person, if to do so would violate 

4 subsection (c) (aggravated sexual assault) had the sexual 

5 contact been a sexual act, is guilty of abusive sexual con6 tact and shall be punished as a court-martial may direct. 

7 ‘‘(i) ABUSIVE SEXUAL CONTACT WITH A CHILD.— 

8 Any person subject to this chapter who engages in or 

9 causes sexual contact with or by another person, if to do 

10 so would violate subsection (d) (aggravated sexual assault 

11 of a child) had the sexual contact been a sexual act, is 

12 guilty of abusive sexual contact with a child and shall be 

13 punished as a court-martial may direct. 

14 ‘‘(j) INDECENT LIBERTY WITH A CHILD.—Any per15 son subject to this chapter who engages in indecent liberty 

16 in the physical presence of a child— 

17 ‘‘(1) with the intent to arouse, appeal to, or 

18 gratify the sexual desire of any person; or 

19 ‘‘(2) with the intent to abuse, humiliate, or de20 grade any person, 

21 is guilty of indecent liberty with a child and shall be pun22 ished as a court-martial may direct. 

23 ‘‘(k) INDECENT ACT.—Any person subject to this 

24 chapter who engages in indecent conduct is guilty of an 
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1 indecent act and shall be punished as a court-martial may 

2 direct. 

3 ‘‘(l) FORCIBLE PANDERING.—Any person subject to 

4 this chapter who compels another person to engage in an 

5 act of prostitution with another person to be directed to 

6 said person is guilty of forcible pandering and shall be 

7 punished as a court-martial may direct. 

8 ‘‘(m) WRONGFUL SEXUAL CONTACT.—Any person 

9 subject to this chapter who, without legal justification or 

10 lawful authorization, engages in sexual contact with an11 other person without that other person’s permission is 

12 guilty of wrongful sexual contact and shall be punished 

13 as a court-martial may direct. 

14 ‘‘(n) INDECENT EXPOSURE.—Any person subject to 

15 this chapter who intentionally exposes, in an indecent 

16 manner, in any place where the conduct involved may rea17 sonably be expected to be viewed by people other than 

18 members of the actor’s family or household, the genitalia, 

19 anus, buttocks, or female areola or nipple is guilty of inde20 cent exposure and shall by punished as a court-martial 

21 may direct. 

22 ‘‘(o) AGE OF CHILD.— 

23 ‘‘(1) TWELVE YEARS.—In a prosecution under 

24 subsection (b) (rape of a child), (g) (aggravated sex25 ual contact with a child), or (j) (indecent liberty 
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1 with a child), it need not be proven that the accused 

2 knew that the other person engaging in the sexual 

3 act, contact, or liberty had not attained the age of 

4 twelve years. It is not an affirmative defense that 

5 the accused reasonably believed that the child had 

6 attained the age of twelve years. 

7 ‘‘(2) SIXTEEN YEARS.—In a prosecution under 

8 subsection (d) (aggravated sexual assault of a child), 

9 (f) (aggravated sexual abuse of a child), (i) (abusive 

10 sexual contact with a child), or (j) (indecent liberty 

11 with a child), it need not be proven that the accused 

12 knew that the other person engaging in the sexual 

13 act, contact, or liberty had not attained the age of 

14 sixteen years. Unlike in paragraph (1), however, it 

15 is an affirmative defense that the accused reasonably 

16 believed that the child had attained the age of six17 teen years. 

18 ‘‘(p) PROOF OF THREAT.—In a prosecution under 

19 this section, in proving that the accused made a threat, 

20 it need not be proven that the accused actually intended 

21 to carry out the threat. 

22 ‘‘(q) MARRIAGE.— 

23 ‘‘(1) IN GENERAL.—In a prosecution under 

24 paragraph (2) of subsection (c) (aggravated sexual 

25 assault), or under subsection (d) (aggravated sexual 
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1 assault of a child), (f) (aggravated sexual abuse of 

2 a child), (i) (abusive sexual contact with a child), (j) 

3 (indecent liberty with a child), (m) (wrongful sexual 

4 contact), or (n) (indecent exposure), it is an affirma5 tive defense that the accused and the other person 

6 when they engaged in the sexual act, sexual contact, 

7 or sexual conduct are married to each other. 

8 ‘‘(2) DEFINITION.—For purposes of this sub9 section, a marriage is a relationship, recognized by 

10 the laws of a competent state or foreign jurisdiction, 

11 between the accused and the other person as 

12 spouses. A marriage exists until it is dissolved in ac13 cordance with the laws of a competent state or for14 eign jurisdiction. 

15 ‘‘(3) EXCEPTION.—Paragraph (1) shall not 

16 apply if the accused’s intent at the time of the sex17 ual conduct is to abuse, humiliate, or degrade any 

18 person, or if the child is under the age of fifteen 

19 years. 

20 ‘‘(r) CONSENT AND MISTAKE OF FACT AS TO CON21 SENT.—Lack of permission is an element of the offense 

22 in subsection (m) (wrongful sexual contact). Consent and 

23 mistake of fact as to consent are not an issue, or an af24 firmative defense, in a prosecution under any other sub25 section, except they are an affirmative defense for the sex-
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1 ual conduct in issue in a prosecution under subsection (a) 

2 (rape), (c) (aggravated sexual assault), (e) (aggravated 

3 sexual contact), and (h) (abusive sexual contact). 

4 ‘‘(s) OTHER AFFIRMATIVE DEFENSES NOT PRE5 CLUDED.—The enumeration in this section of some af6 firmative defenses shall not be construed as excluding the 

7 existence of others. 

8 ‘‘(t) NO PREEMPTION.—The prosecution or punish9 ment of an accused for an offense under this section does 

10 not preclude the prosecution or punishment of that ac11 cused for any other offense. 

12 ‘‘(u) DEFINITIONS.—In this section: 

13 ‘‘(1) SEXUAL ACT.—The term ‘sexual act’ 

14 means— 

15 ‘‘(A) contact between the penis and the 

16 vulva, and for purposes of this subparagraph 

17 contact involving the penis occurs upon penetra18 tion, however slight; or 

19 ‘‘(B) the penetration, however slight, of the 

20 genital opening of another by a hand or finger 

21 or by any object, with an intent to abuse, hu22 miliate, harass, or degrade any person or to 

23 arouse or gratify the sexual desire of any per24 son. 
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1 ‘‘(2) SEXUAL CONTACT.—The term ‘sexual con2 tact’ means the intentional touching, either directly 

3 or through the clothing, of the genitalia, anus, groin, 

4 breast, inner thigh, or buttocks of another person, or 

5 intentionally causing another person to touch, either 

6 directly or through the clothing, the genitalia, anus, 

7 groin, breast, inner thigh, or buttocks of any person, 

8 with an intent to abuse, humiliate, or degrade any 

9 person or to arouse or gratify the sexual desire of 

10 any person. 

11 ‘‘(3) GRIEVOUS BODILY HARM.—The term 

12 ‘grievous bodily harm’ means serious bodily injury. 

13 It includes fractured or dislocated bones, deep cuts, 

14 torn members of the body, serious damage to inter15 nal organs, and other severe bodily injuries. It does 

16 not include minor injuries such as a black eye or a 

17 bloody nose. It is the same level of injury as in sec18 tion 928 (article 128) of this chapter, and a lesser 

19 degree of injury than in section 2246(4) of title 18. 

20 ‘‘(4) DANGEROUS WEAPON OR OBJECT.—The 

21 term ‘dangerous weapon or object’ means— 

22 ‘‘(A) any firearm, loaded or not, and 

23 whether operable or not; 

24 ‘‘(B) any other weapon, device, instrument, 

25 material, or substance, whether animate or in-
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1 animate, that in the manner it is used, or is in2 tended to be used, is known to be capable of 

3 producing death or grievous bodily harm; or 

4 ‘‘(C) any object fashioned or utilized in 

5 such a manner as to lead the victim under the 

6 circumstances to reasonably believe it to be ca7 pable of producing death or grievous bodily 

8 harm. 

9 ‘‘(5) FORCE.—The term ‘force’ means action to 

10 compel submission of another or to overcome or pre11 vent another’s resistance by— 

12 ‘‘(A) the use or display of a dangerous 

13 weapon or object; 

14 ‘‘(B) the suggestion of possession of a dan15 gerous weapon or object that is used in a man16 ner to cause another to believe it is a dangerous 

17 weapon or object; or 

18 ‘‘(C) physical violence, strength, power, or 

19 restraint applied to another person, sufficient 

20 that the other person could not avoid or escape 

21 the sexual conduct. 

22 ‘‘(6) THREATENING OR PLACING THAT OTHER

23 PERSON IN FEAR.—The term ‘threatening or placing 

24 that other person in fear’ under paragraph (3) of 

25 subsection (a) (rape), or under subsection (e) (ag-
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1 gravated sexual contact), means a communication or 

2 action that is of sufficient consequence to cause a 

3 reasonable fear that non-compliance will result in 

4 the victim or another person being subjected to 

5 death, grievous bodily harm, or kidnapping. 

6 ‘‘(7) THREATENING OR PLACING THAT OTHER

7 PERSON IN FEAR.— 

8 ‘‘(A) IN GENERAL.—The term ‘threatening 

9 or placing that other person in fear’ under 

10 paragraph (1)(A) of subsection (c) (aggravated 

11 sexual assault), or under subsection (h) (abu12 sive sexual contact), means a communication or 

13 action that is of sufficient consequence to cause 

14 a reasonable fear that non-compliance will re15 sult in the victim or another being subjected to 

16 a lesser degree of harm than death, grievous 

17 bodily harm, or kidnapping. 

18 ‘‘(B) INCLUSIONS.—Such lesser degree of 

19 harm includes— 

20 ‘‘(i) physical injury to another person 

21 or to another person’s property; or 

22 ‘‘(ii) a threat— 

23 ‘‘(I) to accuse any person of a 

24 crime; 
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1 ‘‘(II) to expose a secret or pub2 licize an asserted fact, whether true or 

3 false, tending to subject some person 

4 to hatred, contempt or ridicule; or 

5 ‘‘(III) through the use or abuse 

6 of military position, rank, or author7 ity, to affect or threaten to affect, ei8 ther positively or negatively, the mili9 tary career of some person. 

10 ‘‘(8) BODILY HARM.—The term ‘bodily harm’ 

11 means any offensive touching of another, however 

12 slight. 

13 ‘‘(9) CHILD.—The term ‘child’ means any per14 son who has not attained the age of sixteen years. 

15 ‘‘(10) LEWD ACT.—The term ‘lewd act’ 

16 means— 

17 ‘‘(A) the intentional touching, not through 

18 the clothing, of the genitalia of another person, 

19 with an intent to abuse, humiliate, or degrade 

20 any person, or to arouse or gratify the sexual 

21 desire of any person; or 

22 ‘‘(B) intentionally causing another person 

23 to touch, not through the clothing, the genitalia 

24 of any person with an intent to abuse, humiliate 
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1 or degrade any person, or to arouse or gratify 

2 the sexual desire of any person. 

3 ‘‘(11) INDECENT LIBERTY.—The term ‘indecent 

4 liberty’ means indecent conduct, but physical contact 

5 is not required. It includes one who with the req6 uisite intent exposes one’s genitalia, anus, buttocks, 

7 or female areola or nipple to a child. An indecent 

8 liberty may consist of communication of indecent 

9 language as long as the communication is made in 

10 the physical presence of the child. If words designed 

11 to excite sexual desire are spoken to a child, or a 

12 child is exposed to or involved in sexual conduct, it 

13 is an indecent liberty; the child’s consent is not rel14 evant. 

15 ‘‘(12) INDECENT CONDUCT.—The term ‘inde16 cent conduct’ means that form of immorality relat17 ing to sexual impurity which is grossly vulgar, ob18 scene, and repugnant to common propriety, and 

19 tends to excite sexual desire or deprave morals with 

20 respect to sexual relations. Indecent conduct in21 cludes but is not limited to observing, or making a 

22 videotape, photograph, motion picture, print, nega23 tive, slide, or other mechanically, electronically, or 

24 chemically reproduced visual material, without an-
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1 other person’s consent, and contrary to that other 

2 person’s reasonable expectation of privacy, of— 

3 ‘‘(A) that other person’s genitalia, anus, or 

4 buttocks, or (if that other person is female) 

5 that person’s areola or nipple; or 

6 ‘‘(B) that other person while that other 

7 person is engaged in a sexual act, sodomy 

8 (under section 925 (article 125)), or sexual con9 tact; and 

10 ‘‘(13) ACT OF PROSTITUTION.—The term ‘act 

11 of prostitution’ means a sexual act, sexual contact, 

12 or lewd act for the purpose of receiving money or 

13 other compensation. 

14 ‘‘(14) CONSENT.—The term ‘consent’ means 

15 words or overt acts indicating a freely given agree16 ment to the sexual conduct at issue by a competent 

17 person. An expression of lack of consent through 

18 words or conduct means there is no consent. Lack 

19 of verbal or physical resistance or submission result20 ing from the accused’s use of force, threat of force, 

21 or placing another person in fear does not constitute 

22 consent. A current or previous dating relationship by 

23 itself or the manner of dress of the person involved 

24 with the accused in the sexual conduct at issue shall 
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1 not constitute consent. A person cannot consent to 

2 sexual activity if— 

3 ‘‘(A) under sixteen years of age; or 

4 ‘‘(B) substantially incapable of— 

5 ‘‘(i) appraising the nature of the sex6 ual conduct at issue due to— 

7 ‘‘(I) mental impairment or un8 consciousness resulting from con9 sumption of alcohol, drugs, a similar 

10 substance, or otherwise; or 

11 ‘‘(II) mental disease or defect 

12 which renders the person unable to 

13 understand the nature of the sexual 

14 conduct at issue; or 

15 ‘‘(ii) physically declining participation 

16 in the sexual conduct at issue; or 

17 ‘‘(iii) physically communicating unwill18 ingness to engage in the sexual conduct at 

19 issue. 

20 ‘‘(15) MISTAKE OF FACT AS TO CONSENT.—The 

21 term ‘mistake of fact as to consent’ means the ac22 cused held, as a result of ignorance or mistake, an 

23 incorrect belief that the other person engaging in the 

24 sexual conduct consented. The ignorance or mistake 

25 must have existed in the mind of the accused and 
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1 must have been reasonable under all the cir2 cumstances. To be reasonable the ignorance or mis3 take must have been based on information, or lack 

4 of it, which would indicate to a reasonable person 

5 that the other person consented. Additionally, the ig6 norance or mistake cannot be based on the negligent 

7 failure to discover the true facts. Negligence is the 

8 absence of due care. Due care is what a reasonably 

9 careful person would do under the same or similar 

10 circumstances. The accused’s state of intoxication, if 

11 any, at the time of the offense is not relevant to mis12 take of fact. A mistaken belief that the other person 

13 consented must be that which a reasonably careful, 

14 ordinary, prudent, sober adult would have had under 

15 the circumstances at the time of the offense. 

16 ‘‘(16) AFFIRMATIVE DEFENSE.—The term ‘af17 firmative defense’ means any special defense which, 

18 although not denying that the accused committed 

19 the objective acts constituting the offense charged, 

20 denies, wholly, or partially, criminal responsibility 

21 for those acts. The accused has the burden of prov22 ing the affirmative defense by a preponderance of 

23 evidence. After the defense meets this burden, the 

24 prosecution shall have the burden of proving beyond 
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1 a reasonable doubt that the affirmative defense did 

2 not exist.’’. 

3 (2) CLERICAL AMENDMENT.—The item relating 

4 to section 920 (article 120) in the table of sections 

5 at the beginning of subchapter X of chapter 47 of 

6 title 10, United States Code (the Uniform Code of 

7 Military Justice), is amended to read as follows: 

‘‘920. Art. 120. Rape, sexual assault, and other sexual misconduct.’’. 

8 (b) INTERIM MAXIMUM PUNISHMENTS.—Until the 

9 President otherwise provides pursuant to section 856 of 

10 title 10, United States Code (article 56 of the Uniform 

11 Code of Military Justice), the punishment which a court12 martial may direct for an offense under section 920 of 

13 such title (article 120 of the Uniform Code of Military 

14 Justice), as amended by subsection (a), may not exceed 

15 the following limits: 

16 (1) SUBSECTIONS (a) AND (b).—For an offense 

17 under subsection (a) (rape) or (b) (rape of a child), 

18 death or such other punishments as a court-martial 

19 may direct. 

20 (2) SUBSECTION (c).—For an offense under 

21 subsection (c) (aggravated sexual assault), dishonor22 able discharge, forfeiture of all pay and allowances, 

23 and confinement for 30 years. 

24 (3) SUBSECTIONS (d) AND (e).—For an offense 

25 under subsection (d) (aggravated sexual assault of a 
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1 child) or (e) (aggravated sexual contact), dishonor2 able discharge, forfeiture of all pay and allowances, 

3 and confinement for 20 years. 

4 (4) SUBSECTIONS (f) AND (g).—For an offense 

5 under subsection (f) (aggravated sexual abuse of a 

6 child) or (g) (aggravated sexual contact with a 

7 child), dishonorable discharge, forfeiture of all pay 

8 and allowances, and confinement for 15 years. 

9 (5) SUBSECTIONS (h) THROUGH (j).—For an of10 fense under subsection (h) (abusive sexual contact), 

11 (i) (abusive sexual contact with a child), or (j) (inde12 cent liberty with a child), dishonorable discharge, 

13 forfeiture of all pay and allowances, and confinement 

14 for 7 years. 

15 (6) SUBSECTIONS (k) AND (l).—For an offense 

16 under subsection (k) (indecent act) or (l) (forcible 

17 pandering), dishonorable discharge, forfeiture of all 

18 pay and allowances, and confinement for 5 years. 

19 (7) SUBSECTIONS (m) AND (n).—For an offense 

20 under subsection (m) (wrongful sexual contact) or 

21 (n) (indecent exposure), dishonorable discharge, for22 feiture of all pay and allowances, and confinement 

23 for 1 year. 

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

25 subsection (a) shall take effect 1 year after the date of 
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1 the enactment of this Act and section 920 of title 10, 

2 United States Code (article 120 of the Uniform Code of 

3 Military Justice), as amended by subsection (a), shall 

4 apply with respect to offenses committed on or after that 

5 effective date. 

6 (d) CONFORMING AMENDMENT.—Section 918 of title 

7 10, United States Code (article 118 of the Uniform Code 

8 of Military Justice), is amended in paragraph (4) by strik9 ing ‘‘rape,’’ and inserting ‘‘rape, rape of a child, aggra10 vated sexual assault, aggravated sexual assault of a child, 

11 aggravated sexual contact, aggravated sexual abuse of a 

12 child, aggravated sexual contact with a child,’’. 

13 Subtitle G—Assistance to Local 

14 Educational Agencies for De15 fense Dependents Education 

16 SEC. 561. ENROLLMENT IN OVERSEAS SCHOOLS OF DE17 FENSE DEPENDENTS’ EDUCATION SYSTEM OF 

18 CHILDREN OF CITIZENS OR NATIONALS OF 

19 THE UNITED STATES HIRED IN OVERSEAS 

20 AREAS AS FULL-TIME DEPARTMENT OF DE21 FENSE EMPLOYEES. 

22 Paragraph (2) of section 1414 of the Defense De23 pendents’ Education Act of 1978 (20 U.S.C. 932) is 

24 amended to read as follows: 
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1 ‘‘(2) The term ‘sponsor’ means a person who 

2 is— 

3 ‘‘(A) a member of the Armed Forces serv4 ing on active duty who— 

5 ‘‘(i) is authorized to transport depend6 ents to or from an overseas area at Gov7 ernment expense; and 

8 ‘‘(ii) is provided an allowance for liv9 ing quarters in that area; 

10 ‘‘(B) a full-time civilian officer or employee 

11 of the Department of Defense who— 

12 ‘‘(i) is a citizen or national of the 

13 United States; 

14 ‘‘(ii) is authorized to transport de15 pendents to or from an overseas area at 

16 Government expense; and 

17 ‘‘(iii) is provided an allowance for liv18 ing quarters in that area; or 

19 ‘‘(C) a full-time civilian officer or employee 

20 of the Department of Defense who— 

21 ‘‘(i) is a citizen or national of the 

22 United States; 

23 ‘‘(ii) resided in an overseas area at 

24 the time of the person’s employment; and 
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1 ‘‘(iii) is employed by the Department 

2 of Defense in that area.’’. 

3 SEC. 562. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES 

4 THAT BENEFIT DEPENDENTS OF MEMBERS 

5 OF THE ARMED FORCES AND DEPARTMENT 

6 OF DEFENSE CIVILIAN EMPLOYEES. 

7 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT

8 NUMBERS OF MILITARY DEPENDENT STUDENTS.— 

9 (1) ASSISTANCE AUTHORIZED.—The Secretary 

10 of Defense shall provide financial assistance to an el11 igible local educational agency described in para12 graph (2) if, without such assistance, the local edu13 cational agency will be unable (as determined by the 

14 Secretary of Defense in consultation with the Sec15 retary of Education) to provide the students in the 

16 schools of the local educational agency with a level 

17 of education that is equivalent to the minimum level 

18 of education available in the schools of the other 

19 local educational agencies in the same State. 

20 (2) ELIGIBLE LOCAL EDUCATIONAL AGEN21 CIES.—A local educational agency is eligible for as22 sistance under this subsection for a fiscal year if at 

23 least 20 percent (as rounded to the nearest whole 

24 percent) of the students in average daily attendance 

25 in the schools of the local educational agency during 
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1 the preceding school year were military dependent 

2 students counted under section 8003(a)(1) of the El3 ementary and Secondary Education Act of 1965 (20 

4 U.S.C. 7703(a)(1)). 

5 (b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT

6 CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE

7 CHANGES, OR FORCE RELOCATIONS.— 

8 (1) ASSISTANCE AUTHORIZED.—To assist com9 munities in making adjustments resulting from 

10 changes in the size or location of the Armed Forces, 

11 the Secretary of Defense shall provide financial as12 sistance to an eligible local educational agency de13 scribed in paragraph (2) if, during the period be14 tween the end of the school year preceding the fiscal 

15 year for which the assistance is authorized and the 

16 beginning of the school year immediately preceding 

17 that school year, the local educational agency had 

18 (as determined by the Secretary of Defense in con19 sultation with the Secretary of Education) an overall 

20 increase or reduction of— 

21 (A) not less than five percent in the aver22 age daily attendance of military dependent stu23 dents in the schools of the local educational 

24 agency; or 
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1 (B) not less than 250 military dependent 

2 students in average daily attendance in the 

3 schools of the local educational agency. 

4 (2) ELIGIBLE LOCAL EDUCATIONAL AGEN5 CIES.—A local educational agency is eligible for as6 sistance under this subsection for a fiscal year if— 

7 (A) the local educational agency is eligible 

8 for assistance under subsection (a) for the same 

9 fiscal year, or would have been eligible for such 

10 assistance if not for the reduction in military 

11 dependent students in schools of the local edu12 cational agency; and 

13 (B) the overall increase or reduction in 

14 military dependent students in schools of the 

15 local educational agency is the result of the clo16 sure or realignment of military installations 

17 under the base closure process or the relocation 

18 of members of the Armed Forces and civilian 

19 employees of the Department of Defense as 

20 part of force structure changes or movements of 

21 units or personnel between military installa22 tions. 

23 (3) CALCULATION OF AMOUNT OF ASSIST24 ANCE.— 
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1 (A) PRO RATA DISTRIBUTION.—The 

2 amount of the assistance provided under this 

3 subsection to a local educational agency that is 

4 eligible for such assistance for a fiscal year 

5 shall be equal to the product obtained by multi6 plying— 

7 (i) the per-student rate determined 

8 under subparagraph (B) for that fiscal 

9 year; by 

10 (ii) the net of the overall increases 

11 and reductions in the number of military 

12 dependent students in schools of the local 

13 educational agency, as determined under 

14 paragraph (1). 

15 (B) PER-STUDENT RATE.—For purposes 

16 of subparagraph (A)(i), the per-student rate for 

17 a fiscal year shall be equal to the dollar amount 

18 obtained by dividing— 

19 (i) the total amount of funds made 

20 available for that fiscal year to provide as21 sistance under this subsection; by 

22 (ii) the sum of the overall increases 

23 and reductions in the number of military 

24 dependent students in schools of all eligible 
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1 local educational agencies for that fiscal 

2 year under this subsection. 

3 (c) NOTIFICATION.—Not later than June 30, 2006, 

4 and June 30 of each fiscal year thereafter for which funds 

5 are made available to carry out this section, the Secretary 

6 of Defense shall notify each local educational agency that 

7 is eligible for assistance under this section for that fiscal 

8 year of— 

9 (1) the eligibility of the local educational agency 

10 for the assistance, including whether the agency is 

11 eligible for assistance under either subsection (a) or 

12 (b) or both subsections; and 

13 (2) the amount of the assistance for which the 

14 local educational agency is eligible. 

15 (d) DISBURSEMENT OF FUNDS.—The Secretary of 

16 Defense shall disburse assistance made available under 

17 this section for a fiscal year not later than 30 days after 

18 the date on which notification to the eligible local edu19 cational agencies is provided pursuant to subsection (c) 

20 for that fiscal year. 

21 (e) FINDING FOR FISCAL YEAR 2006.—Of the 

22 amount authorized to be appropriated pursuant to section 

23 301(5) for operation and maintenance for Defense-wide 

24 activities— 
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1 (1) $50,000,000 shall be available only for the 

2 purpose of providing assistance to local educational 

3 agencies under subsection (a); and 

4 (2) $10,000,000 shall be available only for the 

5 purpose of providing assistance to local educational 

6 agencies under subsection (b). 

7 (f) DEFINITIONS.—In this section: 

8 (1) The term ‘‘base closure process’’ means the 

9 2005 base closure and realignment process author10 ized by Defense Base Closure and Realignment Act 

11 of 1990 (part A of title XXIX of Public Law 101– 

12 510; 10 U.S.C. 2687 note) or any base closure and 

13 realignment process conducted after the date of the 

14 enactment of this Act under section 2687 of title 10, 

15 United States Code, or any other similar law en16 acted after that date. 

17 (2) The term ‘‘local educational agency’’ has 

18 the meaning given that term in section 8013(9) of 

19 the Elementary and Secondary Education Act of 

20 1965 (20 U.S.C. 7713(9)). 

21 (3) The term ‘‘military dependent students’’ re22 fers to— 

23 (A) elementary and secondary school stu24 dents who are dependents of members of the 

25 Armed Forces; and 
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1 (B) elementary and secondary school stu2 dents who are dependents of civilian employees 

3 of the Department of Defense. 

4 (4) The term ‘‘State’’ means each of the 50 

5 States and the District of Columbia. 

6 (g) REPEAL OF FORMER AUTHORITY.—Section 386 

7 of the National Defense Authorization Act for Fiscal Year 

8 1993 (Public Law 102–484; 20 U.S.C. 7703 note) is re9 pealed. The repeal of such section shall not affect the dis10 tribution of assistance to local educational agencies under 

11 section 559 of the Ronald W. Reagan National Defense 

12 Authorization Act for Fiscal Year 2005 (Public Law 108– 

13 375; 118 Stat. 1917) for fiscal year 2005. 

14 SEC. 563. CONTINUATION OF IMPACT AID ASSISTANCE ON 

15 BEHALF OF DEPENDENTS OF CERTAIN MEM16 BERS DESPITE CHANGE IN STATUS OF MEM17 BER. 

18 (a) SPECIAL RULE.—For purposes of computing the 

19 amount of a payment for an eligible local educational 

20 agency under subsection (a) of section 8003 of the Ele21 mentary and Secondary Education Act (20 U.S.C. 7703) 

22 for school year 2005–2006, the Secretary of Education 

23 shall continue to count as a child enrolled in a school of 

24 such agency under such subsection any child who— 
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1 (1) would be counted under paragraph (1)(B) 

2 of such subsection to determine the number of chil3 dren who were in average daily attendance in the 

4 school; but 

5 (2) due to the deployment of both parents or 

6 legal guardians of the child, the deployment of a 

7 parent or legal guardian having sole custody of the 

8 child, or the death of a military parent or legal 

9 guardian while on active duty (so long as the child 

10 resides on Federal property (as defined in section 

11 8013(5) of such Act (20 U.S.C. 7713(5))), is not eli12 gible to be so counted. 

13 (b) TERMINATION.—The special rule provided under 

14 subsection (a) applies only so long as the children covered 

15 by such subsection remain in average daily attendance at 

16 a school in the same local educational agency they at17 tended before their change in eligibility status. 

18 Subtitle H—Decorations and 

19 Awards 

20 SEC. 565. COLD WAR VICTORY MEDAL. 

21 (a) AUTHORITY.—Chapter 57 of title 10, United 

22 States Code, is amended by adding at the end the fol23 lowing new section: 
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1 ‘‘§ 1134. Cold War Victory Medal 

2 ‘‘(a) MEDAL AUTHORIZED.—The Secretary con3 cerned shall issue a service medal, to be known as the 

4 ‘Cold War Victory Medal’, to persons eligible to receive 

5 the medal under subsection (b). The Cold War Victory 

6 Medal shall be of an appropriate design approved by the 

7 Secretary of Defense, with ribbons, lapel pins, and other 

8 appurtenances. 

9 ‘‘(b) ELIGIBLE PERSONS.—The following persons are 

10 eligible to receive the Cold War Victory Medal: 

11 ‘‘(1) A person who— 

12 ‘‘(A) performed active duty or inactive 

13 duty training as an enlisted member during the 

14 Cold War; 

15 ‘‘(B) completed the person’s initial term of 

16 enlistment or, if discharged before completion of 

17 such initial term of enlistment, was honorably 

18 discharged after completion of not less than 

19 180 days of service on active duty; and 

20 ‘‘(C) has not received a discharge less fa21 vorable than an honorable discharge or a re22 lease from active duty with a characterization 

23 of service less favorable than honorable. 

24 ‘‘(2) A person who— 
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1 ‘‘(A) performed active duty or inactive 

2 duty training as a commissioned officer or war3 rant officer during the Cold War; 

4 ‘‘(B) completed the person’s initial service 

5 obligation as an officer or, if discharged or sep6 arated before completion of such initial service 

7 obligation, was honorably discharged after com8 pletion of not less than 180 days of service on 

9 active duty; and 

10 ‘‘(C) has not been released from active 

11 duty with a characterization of service less fa12 vorable than honorable and has not received a 

13 discharge or separation less favorable than an 

14 honorable discharge. 

15 ‘‘(c) ONE AWARD AUTHORIZED.—Not more than one 

16 Cold War Victory Medal may be issued to any person. 

17 ‘‘(d) ISSUANCE TO REPRESENTATIVE OF DE18 CEASED.—If a person described in subsection (b) dies be19 fore being issued the Cold War Victory Medal, the medal 

20 shall be issued to the person’s representative, as des21 ignated by the Secretary concerned. 

22 ‘‘(e) REPLACEMENT.—Under regulations prescribed 

23 by the Secretary concerned, a Cold War Victory Medal 

24 that is lost, destroyed, or rendered unfit for use without 
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1 fault or neglect on the part of the person to whom it was 

2 issued may be replaced without charge. 

3 ‘‘(f) APPLICATION FOR MEDAL.—The Cold War Vic4 tory Medal shall be issued upon receipt by the Secretary 

5 concerned of an application for such medal, submitted in 

6 accordance with such regulations as the Secretary pre7 scribes. 

8 ‘‘(g) UNIFORM REGULATIONS.—The Secretary of De9 fense shall ensure that regulations prescribed by the Sec10 retaries of the military departments under this section are 

11 uniform so far as is practicable. 

12 ‘‘(h) DEFINITION.—In this section, the term ‘Cold 

13 War’ means the period beginning on September 2, 1945, 

14 and ending at the end of December 26, 1991.’’. 

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

16 at the beginning of such chapter is amended by adding 

17 at the end the following new item: 

‘‘1134. Cold War Victory Medal.’’. 

18 SEC. 566. ESTABLISHMENT OF COMBAT MEDEVAC BADGE. 

19 (a) ARMY.— 

20 (1) IN GENERAL.—Chapter 357 of title 10, 

21 United States Code, is amended by adding at the 

22 end the following new section: 

23 ‘‘§ 3757. Combat Medevac Badge 

24 ‘‘(a) The Secretary of the Army shall issue a badge 

25 of appropriate design, to be known as the Combat 
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1 Medevac Badge, to each person who while a member of 

2 the Army served in combat on or after June 25, 1950, 

3 as a pilot or crew member of a helicopter medical evacu4 ation ambulance and who meets the requirements for the 

5 award of that badge. 

6 ‘‘(b) The Secretary of the Army shall prescribe re7 quirements for eligibility for the Combat Medevac 

8 Badge.’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of such chapter is amended 

11 by adding at the end the following new item: 

‘‘3757. Combat Medevac Badge.’’. 

12 (b) NAVY AND MARINE CORPS.— 

13 (1) IN GENERAL.—Chapter 567 of title 10, 

14 United States Code, is amended by adding at the 

15 end the following new section: 

16 ‘‘§ 6259. Combat Medevac Badge 

17 ‘‘(a) The Secretary of the Navy shall issue a badge 

18 of appropriate design, to be known as the Combat 

19 Medevac Badge, to each person who while a member of 

20 the Navy or Marine Corps served in combat on or after 

21 June 25, 1950, as a pilot or crew member of a helicopter 

22 medical evacuation ambulance and who meets the require23 ments for the award of that badge. 
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1 ‘‘(b) The Secretary of the Navy shall prescribe re2 quirements for eligibility for the Combat Medevac 

3 Badge.’’. 

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of such chapter is amended 

6 by adding at the end the following new item: 

‘‘6259. Combat Medevac Badge.’’. 

7 (c) AIR FORCE.— 

8 (1) IN GENERAL.—Chapter 857 of title 10, 

9 United States Code, is amended by adding at the 

10 end the following new section: 

11 ‘‘§ 8757. Combat Medevac Badge 

12 ‘‘(a) The Secretary of the Air Force shall issue a 

13 badge of appropriate design, to be known as the Combat 

14 Medevac Badge, to each person who while a member of 

15 the Air Force served in combat on or after June 25, 1950, 

16 as a pilot or crew member of a helicopter medical evacu17 ation ambulance and who meets the requirements for the 

18 award of that badge. 

19 ‘‘(b) The Secretary of the Air Force shall prescribe 

20 requirements for eligibility for the Combat Medevac 

21 Badge.’’. 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of such chapter is amended 

24 by adding at the end the following new item: 

‘‘8757. Combat Medevac Badge.’’. 
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1 (d) AWARD FOR SERVICE BEFORE DATE OF ENACT2 MENT.—In the case of persons who, while a member of 

3 the Armed Forces, served in combat as a pilot or crew 

4 member of a helicopter medical evacuation ambulance dur5 ing the period beginning on June 25, 1950, and ending 

6 on the date of enactment of this Act, the Secretary of the 

7 military department concerned shall issue the Combat 

8 Medevac Badge— 

9 (1) to each such person who is known to the 

10 Secretary before the date of enactment of this Act; 

11 and 

12 (2) to each such person with respect to whom 

13 an application for the issuance of the badge is made 

14 to the Secretary after such date in such manner, 

15 and within such time period, as the Secretary may 

16 require. 

17 SEC. 567. ELIGIBILITY FOR OPERATION ENDURING FREE18 DOM CAMPAIGN MEDAL. 

19 For purposes of eligibility for the campaign medal for 

20 Operation Enduring Freedom established pursuant to 

21 Public Law 108–234 (10 U.S.C. 1121 note), the begin22 ning date of Operation Enduring Freedom is September 

23 11, 2001. 
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1 Subtitle I—Other Matters 

2 SEC. 571. EXTENSION OF WAIVER AUTHORITY OF SEC3 RETARY OF EDUCATION WITH RESPECT TO 

4 STUDENT FINANCIAL ASSISTANCE DURING A 

5 WAR OR OTHER MILITARY OPERATION OR 

6 NATIONAL EMERGENCY. 

7 Section 6 of the Higher Education Relief Opportuni8 ties for Students Act of 2003 (20 U.S.C. 1070 note) is 

9 amended by striking ‘‘September 30, 2005’’ and inserting 

10 ‘‘September 30, 2007’’. 

11 SEC. 572. ADOPTION LEAVE FOR MEMBERS OF THE ARMED 

12 FORCES ADOPTING CHILDREN. 

13 (a) AUTHORITY.—Section 701 of title 10, United 

14 States Code, is amended by adding at the end the fol15 lowing new subsection: 

16 ‘‘(i)(1) Under regulations prescribed by the Secretary 

17 of Defense, a member of the armed forces adopting a child 

18 in a qualifying child adoption is allowed up to 21 days 

19 of leave in a calendar year to be used in connection with 

20 the adoption. 

21 ‘‘(2) For the purpose of this subsection, an adoption 

22 of a child by a member is a qualifying child adoption if 

23 the member is eligible for reimbursement of qualified 

24 adoption expenses for such adoption under section 1052 

25 of this title. 
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1 ‘‘(3) In the event that two members of the armed 

2 forces who are spouses of each other adopt a child in a 

3 qualifying child adoption, only one such member shall be 

4 allowed leave under this subsection. Those members shall 

5 elect which of them shall be allowed such leave. 

6 ‘‘(4) Leave under paragraph (1) is in addition to 

7 other leave provided under other provisions of this sec8 tion.’’. 

9 (b) EFFECTIVE DATE.—Subsection (i) of section 701 

10 of title 10, United States Code (as added by subsection 

11 (a)), shall take effect on October 1, 2005. 

12 SEC. 573. REPORT ON NEED FOR A PERSONNEL PLAN FOR 

13 LINGUISTS IN THE ARMED FORCES. 

14 (a) NEED ASSESSMENT.—The Secretary of Defense 

15 shall review the career tracks of members of the Armed 

16 Forces who are linguists in an effort to improve the man17 agement of linguists (in enlisted grades or officer grades, 

18 or both) and to assist them in reaching their full linguistic 

19 and analytical potential over a 20-year career. As part of 

20 such review, the Secretary shall assess the need for a com21 prehensive plan to better manage the careers of military 

22 linguists (in enlisted grades or officer grades, or both) and 

23 to ensure that such linguists have an opportunity to 

24 progress in grade and are provided opportunities to en25 hance their language and cultural skills. As part of the 
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1 review, the Secretary shall consider personnel manage2 ment methods such as enhanced bonuses, immersion op3 portunities, specialized career fields, establishment of a 

4 dedicated career path for linguists, and career monitoring 

5 to ensure career progress for linguists serving in duty as6 signments that are not linguist related. 

7 (b) REPORT.—Not later than 180 days after the date 

8 of the enactment of this Act, the Secretary of Defense 

9 shall submit to the Committees on Armed Services of the 

10 Senate and House of Representatives a report on the re11 view and assessment conducted under subsection (a). The 

12 report shall include the findings, results, and conclusions 

13 of the Secretary’s review and assessment of the careers 

14 of officer and enlisted linguists in the Armed Forces and 

15 the need for a comprehensive plan to ensure effective ca16 reer management of linguists. 

17 SEC. 574. GROUND COMBAT AND OTHER EXCLUSION POLI18 CIES. 

19 (a) IN GENERAL.— 

20 (1) Chapter 37 of title 10, United States Code, 

21 is amended by inserting after section 651 the fol22 lowing new section: 
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1 ‘‘§ 652. Notice to Congress of proposed changes in 

2 units, assignments, etc. to which female 

3 members may be assigned 

4 ‘‘(a) RULE FOR GROUND COMBAT PERSONNEL POL5 ICY.—(1) If the Secretary of Defense proposes to make 

6 any change described in paragraph (2)(A) or (2)(B) to the 

7 ground combat exclusion policy or proposes to make a 

8 change described in paragraph (2)(C), the Secretary shall, 

9 before any such change is implemented, submit to Con10 gress a report providing notice of the proposed change. 

11 Such a change may then be implemented only after the 

12 end of a period of 60 days of continuous session of Con13 gress (excluding any day on which either House of Con14 gress is not in session) following the date on which the 

15 report is received. 

16 ‘‘(2) A change referred to in paragraph (1) is a 

17 change that— 

18 ‘‘(A) closes to female members of the armed 

19 forces any category of unit or position that at that 

20 time is open to service by such members; 

21 ‘‘(B) opens to service by female members of the 

22 armed forces any category of unit or position that 

23 at that time is closed to service by such members; 

24 or 
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1 ‘‘(C) opens or closes to the assignment of fe2 male members of the armed forces any military ca3 reer designator as described in paragraph (6). 

4 ‘‘(3) The Secretary shall include in any report under 

5 paragraph (1)— 

6 ‘‘(A) a detailed description of, and justification 

7 for, the proposed change; and 

8 ‘‘(B) a detailed analysis of legal implication of 

9 the proposed change with respect to the constitu10 tionality of the application of the Military Selective 

11 Service Act (50 App. U.S.C. 451 et seq.) to males 

12 only. 

13 ‘‘(4) In this subsection, the term ‘ground combat ex14 clusion policy’ means the military personnel policies of the 

15 Department of Defense and the military departments, as 

16 in effect on October 1, 1994, by which female members 

17 of the armed forces are restricted from assignment to 

18 units and positions below brigade level whose primary mis19 sion is to engage in direct combat on the ground. 

20 ‘‘(5) For purposes of this subsection, the continuity 

21 of a session of Congress is broken only by an adjournment 

22 of the Congress sine die. 

23 ‘‘(6) For purposes of this subsection, a military ca24 reer designator is one that is related to military operations 

25 on the ground as of May 18, 2005, and applies— 
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1 ‘‘(A) for enlisted members and warrant officers, 

2 to military occupational specialties, specialty codes, 

3 enlisted designators, enlisted classification codes, ad4 ditional skill identifiers, and special qualification 

5 identifiers; and 

6 ‘‘(B) for officers (other than warrant officers), 

7 to officer areas of concentration, occupational spe8 cialties, specialty codes, designators, additional skill 

9 identifiers, and special qualification identifiers. 

10 ‘‘(b) OTHER PERSONNEL POLICY CHANGES.—(1) 

11 Except in a case covered by section 6035 of this title or 

12 by subsection (a), whenever the Secretary of Defense pro13 poses to make a change to military personnel policies de14 scribed in paragraph (2), the Secretary shall, not less than 

15 30 days before such change is implemented, submit to the 

16 Committee on Armed Services of the Senate and the Com17 mittee on Armed Services of the House of Representatives 

18 notice, in writing, of the proposed change. 

19 ‘‘(2) Paragraph (1) applies to a proposed military 

20 personnel policy change, other than a policy change cov21 ered by subsection (a), that would make available to fe22 male members of the armed forces assignment to any of 

23 the following that, as of the date of the proposed change, 

24 is closed to such assignment: 
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1 ‘‘(A) Any type of unit not covered by subsection 

2 (a). 

3 ‘‘(B) Any class of combat vessel. 

4 ‘‘(C) Any type of combat platform.’’. 

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

6 such chapter is amended by inserting after the item 

7 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.’’. 

8 (b) REPORT ON IMPLEMENTATION OF DEPARTMENT

9 OF DEFENSE POLICIES WITH REGARD TO THE ASSIGN10 MENT OF WOMEN.—Not later than March 31, 2006, the 

11 Secretary of Defense shall submit to the Committee on 

12 Armed Services of the Senate and the Committee on 

13 Armed Services of the House of Representatives a report 

14 of the Secretary’s review of the current and future imple15 mentation of the policy regarding the assignment of 

16 women as articulated in the Secretary of Defense memo17 randum, dated January 13, 1994, and entitled, ‘‘Direct 

18 Ground Combat Definition and Assignment Rule’’. In con19 ducting that review, the Secretary shall closely examine 

20 Army unit modularization efforts, and associated per21 sonnel assignment policies, to ensure their compliance with 

22 the Department of Defense policy articulated in the Janu23 ary 1994 memorandum. 
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1 (c) CONFORMING REPEAL.—Section 542 of the Na2 tional Defense Authorization Act for Fiscal Year 1994 (10 

3 U.S.C. 113 note) is repealed. 

4 SEC. 575. ELIGIBILITY OF CERTAIN PERSONS FOR SPACE5 AVAILABLE TRAVEL ON MILITARY AIRCRAFT. 

6 (a) ELIGIBILITY OF ‘‘GRAY AREA’’ RETIREES AND

7 SPOUSES.—Chapter 157 of title 10, United States Code, 

8 is amended by inserting after section 2641a the following 

9 new section: 

10 ‘‘§ 2641b. Space-available travel on Department of De11 fense aircraft: Reserve members eligible 

12 for retired pay but for age; spouses 

13 ‘‘(a) RESERVE RETIREES UNDER AGE 60.—A mem14 ber or former member of a reserve component under 60 

15 years of age who, but for age, would be eligible for retired 

16 pay under chapter 1223 of this title shall be provided 

17 transportation on Department of Defense aircraft, on a 

18 space-available basis, on the same basis as members of the 

19 armed forces entitled to retired pay under any other provi20 sion of law. 

21 ‘‘(b) DEPENDENTS.—The dependent of a member or 

22 former member under 60 years of age who, but for age, 

23 would be eligible for retired pay under chapter 1223 of 

24 this title, shall be provided transportation on Department 

25 of Defense aircraft, on a space-available basis, on the same 
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1 basis as dependents of members of the armed forces enti2 tled to retired pay under any other provision of law.’’. 

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

4 at the beginning of such chapter is amended by inserting 

5 after the item relating to section 2641a the following new 

6 item: 

‘‘2641b. Space-available travel on Department of Defense aircraft: Reserve 

members eligible for retired pay but for age; spouses.’’. 

7 SEC. 576. COMPTROLLER GENERAL STUDY OF MILITARY 

8 RECRUITING. 

9 (a) REPORT.—Not later than one year after the date 

10 of enactment of this Act, the Comptroller General shall 

11 submit to the Committees on Armed Services of the Sen12 ate and House of Representatives a report on military re13 cruiting. 

14 (b) MATTERS TO BE INCLUDED.—The Comptroller 

15 General shall include in the report the following: 

16 (1) Whether military recruitment criminal viola17 tions have increased in any branches of the Armed 

18 Forces since the beginning of combat in Iraq. 

19 (2) Whether policies of the Department of De20 fense or of any of the specific military branches have 

21 caused or encouraged military recruiters to carry out 

22 criminal actions to increase recruitment numbers. 

23 (3) Whether the Department of Justice, De24 partment of Defense, or specific military branches 
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1 have adequately and independently carried out inves2 tigations and prosecutions of all Department of De3 fense officials who are complicit or directly involved 

4 in criminal actions to increase military recruitment. 

5 (4) Any recommendations for any legislation or 

6 administrative actions that the Comptroller General 

7 considers appropriate. 

8 (5) Any other matter the Comptroller General 

9 considers relevant. 

10 SEC. 577. ADDITION OF INFORMATION CONCERNING MEN11 TAL HEALTH SERVICES AND TREATMENT TO 

12 SUBJECTS REQUIRED TO BE COVERED IN 

13 MANDATORY PRESEPARATION COUNSELING. 

14 Section 1142(b) of title 10, United States Code, is 

15 amended by adding at the end the following new para16 graph: 

17 ‘‘(11) Information concerning the availability of 

18 mental health services and the treatment of post19 traumatic stress disorder, anxiety disorders, depres20 sion, suicidal ideations, or other mental health condi21 tions associated with service in the armed forces.’’. 
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1 SEC. 578. IMPROVEMENT TO DEPARTMENT OF DEFENSE 

2 RESPONSE TO SEXUAL ASSAULT AFFECTING 

3 MEMBERS OF THE ARMED FORCES. 

4 (a) ASSESSMENT.—The Secretary of Defense shall 

5 conduct an inventory of supplies, trained personnel, and 

6 transportation resources assigned or deployed to deal with 

7 sexual assault. The Secretary shall assess the availability 

8 and accessibility within deployed units of rape evidence 

9 kits, testing supplies for sexually transmitted infections 

10 and diseases (STIs), including HIV, and for pregnancy, 

11 transportation resources, and medication. The assessment 

12 shall be completed not later than 120 days after the date 

13 of the enactment of this Act. 

14 (b) ACTION PLAN FOR DEPLOYED UNITS.—The Sec15 retary shall develop a plan to enhance accessibility and 

16 availability of supplies, trained personnel, and transpor17 tation resources in response to sexual assaults occurring 

18 in deployed units. Such plan shall include the following: 

19 (1) Training of new and existing first respond20 ers to sexual assaults, including criminal investiga21 tors, medical providers responsible for rape kit evi22 dence collection, and victims advocates, with such 

23 training to include current techniques on processing 

24 of evidence, including rape kits, and conducting in25 vestigations. 
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1 (2) Accessibility and availability of supplies for 

2 victims of sexual assault who present at a military 

3 hospital, including rape kits, equipment for proc4 essing rape kits, and testing supplies and treatment 

5 for sexually transmitted infections and diseases, in6 cluding HIV, and pregnancy. 

7 (c) ANNUAL REPORT.—The Secretary shall include 

8 in the annual report to the Committees on Armed Services 

9 of the Senate and House of Representatives on sexual as10 saults a report as to the supply inventory, location, acces11 sibility, and availability of supplies, trained personnel, and 

12 transportation resources in response to sexual assault in 

13 deployed units. 

14 SEC. 579. REPORT ON EMPLOYMENT MATTERS FOR MEM15 BERS OF THE NATIONAL GUARD AND RE16 SERVE. 

17 (a) REQUIREMENT FOR REPORT.—Not later than 

18 270 days after the date of the enactment of this Act, the 

19 Comptroller General of the United States shall submit to 

20 Congress a report on difficulties faced by members of the 

21 National Guard and Reserve with respect to employment 

22 as a result of being ordered to perform full time National 

23 Guard duty or being ordered to active duty service, respec24 tively. 
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1 (b) SPECIFIC MATTERS.—In preparing the report re2 quired under subsection (a), the Comptroller General shall 

3 include information on the following matters: 

4 (1) TYPE OF EMPLOYERS.—An estimate of the 

5 number of employers of members of the National 

6 Guard and Reserve who are private sector employers 

7 and those who are public sector employers. 

8 (2) SIZE OF EMPLOYERS.—An estimate of the 

9 number of employers of members of the National 

10 Guard and Reserve who employ fewer than 50 full11 time employees. 

12 (3) SELF-EMPLOYED.—An estimate of the num13 ber of members of the National Guard and Reserve 

14 who are self-employed. 

15 (4) NATURE OF BUSINESS.—A description of 

16 the nature of the business of employers of members 

17 of the National Guard and Reserve. 

18 (5) REEMPLOYMENT DIFFICULTIES.—A de19 scription of difficulties faced by members of the Na20 tional Guard and Reserve in gaining reemployment 

21 after having performed full time National Guard 

22 duty or active duty service, including difficulties 

23 faced by members who are disabled and who are 

24 Veterans of the Vietnam Era. 
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1 SEC. 580. SENSE OF CONGRESS THAT COLLEGES AND UNI2 VERSITIES GIVE EQUAL ACCESS TO MILITARY 

3 RECRUITERS AND ROTC IN ACCORDANCE 

4 WITH THE SOLOMON AMENDMENT AND RE5 QUIREMENT FOR REPORT TO CONGRESS. 

6 (a) FINDINGS.—Congress makes the following find7 ings: 

8 (1) The Reserve Officer Training Corps 

9 (ROTC) program is the most common means for un10 dergraduates to become United States military offi11 cers, producing 60 percent of all officers in the 

12 Armed Forces and 75 percent of Army officers. 

13 (2) The ROTC program is officially banned 

14 from many leading universities and, although stu15 dents at those institutions can participate in ROTC 

16 programs at other colleges, they often have to travel 

17 significant distances to do so. 

18 (3) The United States is engaged in a global 

19 war on terrorism, and it is thus more important 

20 than ever for the Armed Forces to recruit high qual21 ity and well-qualified personnel. 

22 (4) Recruiting on university campuses is one of 

23 the primary means of obtaining new, highly qualified 

24 personnel for the Armed Forces and is an integral, 

25 effective, and necessary part of overall military re26 cruitment. 
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1 (5) In 1996, Congress enacted a provision of 

2 law that has become known as the ‘‘Solomon 

3 Amendment’’ that provides for the Secretary of De4 fense to deny Federal funding to colleges and uni5 versities if they prohibit or prevent ROTC or mili6 tary recruitment on campus. 

7 (6) A group of university law schools have chal8 lenged the constitutionality of the Solomon Amend9 ment, and the Supreme Court has agreed to hear 

10 the case in the term beginning in October 2005. 

11 (b) SENSE OF CONGRESS.—It is the sense of Con12 gress that— 

13 (1) any college or university that discriminates 

14 against ROTC programs or military recruiters 

15 should be denied certain Federal taxpayer support, 

16 especially funding for many military and defense 

17 programs; and 

18 (2) universities and colleges that receive Fed19 eral funds should provide military recruiters access 

20 to college campuses and to college students equal in 

21 quality and scope to that provided all other employ22 ers. 

23 (c) REPORT REQUIRED.—Not later than one year 

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

25 of Defense shall submit to Congress a report on the col-
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1 leges and universities that are denying equal access to 

2 military recruiters and ROTC programs. 

3 TITLE VI—COMPENSATION AND 

4 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. Permanent authority for supplemental subsistence allowance for lowincome members with dependents. 

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

Sec. 607. Overseas cost of living allowance. 

Sec. 608. Income replacement payments for Reserves experiencing extended and 

frequent mobilization for active duty service. 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. Extension or resumption of certain bonus and special pay authorities 

for reserve forces. 

Sec. 612. Extension of certain bonus and special pay authorities for certain 

health care professionals. 

Sec. 613. Extension of special pay and bonus authorities for nuclear officers. 

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

Sec. 615. Expansion of eligibility of dental officers for additional special pay. 

Sec. 616. Increase in maximum monthly rate authorized for hardship duty pay. 

Sec. 617. Flexible payment of assignment incentive pay. 

Sec. 618. Active-duty reenlistment bonus. 

Sec. 619. Reenlistment bonus for members of Selected Reserve. 

Sec. 620. Combination of affiliation and accession bonuses for service in the Selected Reserve. 

Sec. 621. Eligibility requirements for prior service enlistment bonus. 

Sec. 622. Increase in authorized maximum amount of enlistment bonus. 

Sec. 623. Discretion of Secretary of Defense to authorize retroactive hostile fire 

and imminent danger pay. 

Sec. 624. Increase in maximum bonus amount for nuclear-qualified officers extending period of active duty. 

Sec. 625. Increase in maximum amount of nuclear career annual incentive 

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

Sec. 626. Uniform payment of foreign language proficiency pay to eligible reserve component members and regular component members. 

Sec. 627. Retention bonus for members qualified in certain critical skills or satisfying other eligibility criteria. 
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Sec. 628. Availability of critical-skills accession bonus for persons enrolled in 

Senior Reserve Officers’ Training Corps who are obtaining 

nursing degrees. 

Subtitle C—Travel and Transportation Allowances 

Sec. 641. Authorized absences of members for which lodging expenses at temporary duty location may be paid. 

Sec. 642. Extended period for selection of home for travel and transportation 

allowances for dependents of deceased member. 

Sec. 643. Transportation of family members incident to repatriation of members held captive. 

Sec. 644. Increased weight allowances for shipment of household goods of senior noncommissioned officers. 

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 651. Monthly disbursement to States of State income tax withheld from 

retired or retainer pay. 

Sec. 652. Revision to eligibility for nonregular service retirement after establishing eligibility for regular retirement. 

Sec. 653. Denial of military funeral honors in certain cases. 

Sec. 654. Child support for certain minor children of retirement-eligible members convicted of domestic violence resulting in death of child’s 

other parent. 

Sec. 655. Concurrent receipt of veterans disability compensation and military 

retired pay. 

Sec. 656. Military Survivor Benefit Plan beneficiaries under insurable interest 

coverage. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 

Sec. 661. Increase in authorized level of supplies and services procurement 

from overseas exchange stores. 

Sec. 662. Requirements for private operation of commissary store functions. 

Sec. 663. Provision of information technology services for accommodations provided by nonappropriated fund instrumentalities for wounded 

members of the Armed Forces and their families. 

Sec. 664. Provision of and payment for overseas transportation services for 

commissary and exchange supplies. 

Sec. 665. Compensatory time off for certain nonappropriated fund employees. 

Subtitle F—Other Matters 

Sec. 671. Inclusion of Senior Enlisted Advisor for the Chairman of the Joint 

Chiefs of Staff among senior enlisted members of the Armed 

Forces. 

Sec. 672. Special and incentive pays considered for saved pay upon appointment of members as officers. 

Sec. 673. Repayment of unearned portion of bonuses, special pays, and educational benefits. 

Sec. 674. Leave accrual for members assigned to deployable ships or mobile 

units or to other designated duty. 

Sec. 675. Army recruiting pilot program to encourage members of the Army to 

refer other persons for enlistment. 
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Sec. 676. Special compensation for reserve component members who are also 

tobacco farmers adversely affected by terms of tobacco quota 

buyout. 

Sec. 677. Comptroller General report regarding compensation and benefits for 

Reserve component members. 

Sec. 678. Report on space-available travel for certain disabled veterans. 

1 Subtitle A—Pay and Allowances 

2 SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2006. 

3 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The 

4 adjustment to become effective during fiscal year 2006 re5 quired by section 1009 of title 37, United States Code, 

6 in the rates of monthly basic pay authorized members of 

7 the uniformed services shall not be made. 

8 (b) INCREASE IN BASIC PAY.—Effective on January 

9 1, 2006, the rates of monthly basic pay for members of 

10 the uniformed services are increased by 3.1 percent. 

11 SEC. 602. ADDITIONAL PAY FOR PERMANENT MILITARY 

12 PROFESSORS AT UNITED STATES NAVAL 

13 ACADEMY WITH OVER 36 YEARS OF SERVICE. 

14 Section 203(b) of title 37, United States Code, is 

15 amended by inserting after ‘‘Military Academy’’ the fol16 lowing: ‘‘, the United States Naval Academy,’’. 

17 SEC. 603. BASIC PAY RATES FOR RESERVE COMPONENT 

18 MEMBERS SELECTED TO ATTEND MILITARY 

19 SERVICE ACADEMY PREPARATORY SCHOOLS. 

20 (a) PAY EQUITY FOR RESERVES.—Section 203(e)(2) 

21 of title 37, United States Code, is amended— 
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1 (1) by striking ‘‘on active duty for a period of 

2 more than 30 days shall continue to receive’’ and in3 serting ‘‘shall receive’’; and 

4 (2) by inserting before the period at the end the 

5 following: ‘‘or at the rate provided for cadets and 

6 midshipmen under subsection (c), whichever is 

7 greater’’. 

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

9 subsection (a) shall take effect on the first day of the first 

10 month beginning on or after the date of the enactment 

11 of this Act. 

12 SEC. 604. CLARIFICATION OF RESTRICTION ON COMPENSA13 TION FOR CORRESPONDENCE COURSES. 

14 Section 206(d)(1) of title 37, United States Code, is 

15 amended by inserting after ‘‘reserve component’’ the fol16 lowing: ‘‘or by a member of the National Guard while not 

17 in Federal service’’. 

18 SEC. 605. PERMANENT AUTHORITY FOR SUPPLEMENTAL 

19 SUBSISTENCE ALLOWANCE FOR LOW-INCOME 

20 MEMBERS WITH DEPENDENTS. 

21 (a) REPEAL OF TERMINATION PROVISION.—Section 

22 402a of title 37, United States Code, is amended by strik23 ing subsection (i). 

24 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

25 Subsection (f) of such section is amended— 
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1 (1) in the first sentence, by striking ‘‘Secretary 

2 of Transportation’’ and inserting ‘‘Secretary of 

3 Homeland Security, with respect to the Coast 

4 Guard’’; and 

5 (2) by striking the second sentence. 

6 SEC. 606. BASIC ALLOWANCE FOR HOUSING FOR RESERVE 

7 MEMBERS. 

8 (a) EQUAL TREATMENT OF RESERVE MEMBERS.— 

9 Subsection (g) of section 403 of title 37, United States 

10 Code, is amended— 

11 (1) by redesignating paragraph (3) as para12 graph (4); 

13 (2) by inserting after paragraph (2) the fol14 lowing new paragraph (3): 

15 ‘‘(3) The rate of basic allowance for housing to 

16 be paid to the following members of a reserve com17 ponent shall be equal to the rate in effect for simi18 larly situated members of a regular component of 

19 the uniformed services: 

20 ‘‘(A) A member who is called or ordered to 

21 active duty for a period of more than 30 days. 

22 ‘‘(B) A member who is called or ordered to 

23 active duty for a period of 30 days or less in 

24 support of a contingency operation.’’; and 
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1 (3) in paragraph (4), as so redesignated, by 

2 striking ‘‘less than 140 days’’ and inserting ‘‘30 

3 days or less’’. 

4 (b) CONFORMING AMENDMENT REGARDING MEM5 BERS WITHOUT DEPENDENTS.—Paragraph (1) of such 

6 subsection is amended by inserting ‘‘or for a period of 

7 more than 30 days’’ after ‘‘in support of a contingency 

8 operation’’ both places it appears. 

9 SEC. 607. OVERSEAS COST OF LIVING ALLOWANCE. 

10 (a) PAYMENT OF ALLOWANCE BASED ON OVERSEAS

11 LOCATION OF DEPENDENTS.—Section 405 of title 37, 

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

13 following new subsection: 

14 ‘‘(e) PAYMENT OF ALLOWANCE BASED ON OVERSEAS

15 LOCATION OF DEPENDENTS.—In the case of a member 

16 assigned to duty inside the continental United States 

17 whose dependents continue to reside outside of the conti18 nental United States, the Secretary concerned may pay 

19 the member a per diem under this section based on the 

20 location of the dependents and provide reimbursement 

21 under subsection (d) for an unusual or extraordinary ex22 pense incurred by the dependents if the Secretary deter23 mines that such payment or reimbursement is in the best 

24 interest of the member or the member’s dependents and 

25 in the best interest of the United States.’’. 
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1 (b) CLARIFICATION OF EXPENSES ELIGIBLE FOR

2 LUMP-SUM REIMBURSEMENT.—Subsection (d) of such 

3 section, as added by section 605 of the Ronald W. Reagan 

4 National Defense Authorization Act for Fiscal Year 2005 

5 (Public Law 108–375; 118 Stat. 1945), is further amend6 ed— 

7 (1) in the subsection heading, by striking 

8 ‘‘NONRECURRING’’ and inserting ‘‘UNUSUAL OR EX9 TRAORDINARY’’; 

10 (2) by inserting ‘‘or (e)’’ after ‘‘subsection (a)’’ 

11 each place it appears; and 

12 (3) in paragraph (1)— 

13 (A) by striking ‘‘a nonrecurring’’ and in14 serting ‘‘an unusual or extraordinary’’ in the 

15 matter preceding subparagraph (A); and 

16 (B) in subparagraph (A), by inserting ‘‘or 

17 the location of the member’s dependents’’ be18 fore the semicolon. 

19 SEC. 608. INCOME REPLACEMENT PAYMENTS FOR RE20 SERVES EXPERIENCING EXTENDED AND FRE21 QUENT MOBILIZATION FOR ACTIVE DUTY 

22 SERVICE. 

23 (a) IN GENERAL.—Chapter 19 of title 37, United 

24 States Code, is amended by adding at the end the fol25 lowing new section: 
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1 ‘‘§ 910. Replacement of lost income: involuntarily mo2 bilized reserve component members sub3 ject to extended and frequent active duty 

4 service 

5 ‘‘(a) PAYMENT REQUIRED.—The Secretary con6 cerned shall pay to an eligible member of a reserve compo7 nent of the armed forces an amount equal to the monthly 

8 active-duty income differential of the member, as deter9 mined by the Secretary. The payments shall be made on 

10 a monthly basis. 

11 ‘‘(b) ELIGIBILITY.—Subject to subsection (c), a re12 serve component member is entitled to a payment under 

13 this section for any full month of active duty of the mem14 ber, while on active duty under an involuntary mobiliza15 tion order, following the date on which the member— 

16 ‘‘(1) completes 18 continuous months of service 

17 on active duty under such an order; 

18 ‘‘(2) completes 24 months on active duty during 

19 the previous 60 months under such an order; or 

20 ‘‘(3) is involuntarily mobilized for service on ac21 tive duty six months or less following the member’s 

22 separation from the member’s previous period of ac23 tive duty. 

24 ‘‘(c) MINIMUM AND MAXIMUM PAYMENT

25 AMOUNTS.—(1) A payment under this section shall be 

26 made to a member for a month only if the amount of the 
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1 monthly active-duty income differential for the month is 

2 greater than $50. 

3 ‘‘(2) Notwithstanding the amount determined under 

4 subsection (d) for a member for a month, the monthly pay5 ment to a member under this section may not exceed 

6 $3,000. 

7 ‘‘(d) MONTHLY ACTIVE-DUTY INCOME DIFFEREN8 TIAL.—For purposes of this section, the monthly active9 duty income differential of a member is the difference be10 tween— 

11 ‘‘(1) the average monthly civilian income of the 

12 member; and 

13 ‘‘(2) the member’s total monthly military com14 pensation. 

15 ‘‘(e) DEFINITIONS.—In this section: 

16 ‘‘(1) The term ‘average monthly civilian in17 come’, with respect to a member of a reserve compo18 nent, means the amount, determined by the Sec19 retary concerned, of the earned income of the mem20 ber for either the 12 months preceding the member’s 

21 mobilization or the 12 months covered by the mem22 ber’s most recent Federal income tax filing, divided 

23 by 12. 
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1 ‘‘(2) The term ‘total monthly military com2 pensation’ means the amount, computed on a 

3 monthly basis, of the sum of— 

4 ‘‘(A) the amount of the regular military 

5 compensation (RMC) of the member; and 

6 ‘‘(B) any amount of special pay or incen7 tive pay and any allowance (other than an al8 lowance included in regular military compensa9 tion) that is paid to the member on a monthly 

10 basis.’’. 

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

12 at the beginning of such chapter is amended by adding 

13 at the end the following new item: 

‘‘910. Replacement of lost income: involuntarily mobilized reserve component 

members subject to extended and frequent active duty service.’’. 

14 (c) EFFECTIVE DATE.—Section 910 of title 37, 

15 United States Code, as added by subsection (a), shall 

16 apply for months after December 2005. 

17 (d) LIMITATION ON FISCAL YEAR 2006 OBLIGA18 TIONS.—During fiscal year 2006, obligations incurred 

19 under section 910 of title 37, United States Code, to pro20 vide income replacement payments to involuntarily mobi21 lized members of a reserve component who are subject to 

22 extended and frequent active duty service may not exceed 

23 $60,000,000. 
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1 Subtitle B—Bonuses and Special 

2 and Incentive Pays 

3 SEC. 611. EXTENSION OR RESUMPTION OF CERTAIN BONUS 

4 AND SPECIAL PAY AUTHORITIES FOR RE5 SERVE FORCES. 

6 (a) SELECTED RESERVE REENLISTMENT BONUS.— 

7 Section 308b(g) of title 37, United States Code, is amend8 ed by striking ‘‘December 31, 2005’’ and inserting ‘‘De9 cember 31, 2006’’. 

10 (b) SPECIAL PAY FOR ENLISTED MEMBERS AS11 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section 

12 308d(c) of such title is amended by striking ‘‘December 

13 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

14 (c) READY RESERVE ENLISTMENT BONUS FOR PER15 SONS WITHOUT PRIOR SERVICE.—Section 308g(h) of 

16 such title is amended by striking ‘‘September 30, 1992’’ 

17 and inserting ‘‘December 31, 2006’’. 

18 (d) READY RESERVE ENLISTMENT AND REENLIST19 MENT BONUS FOR PERSONS WITH PRIOR SERVICE.—Sec20 tion 308h(g) of such title is amended by striking ‘‘Decem21 ber 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

22 (e) SELECTED RESERVE ENLISTMENT BONUS FOR

23 PERSONS WITH PRIOR SERVICE.—Section 308i(f) of such 

24 title is amended by striking ‘‘December 31, 2005’’ and in25 serting ‘‘December 31, 2006’’. 
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1 SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL 

2 PAY AUTHORITIES FOR CERTAIN HEALTH 

3 CARE PROFESSIONALS. 

4 (a) NURSE OFFICER CANDIDATE ACCESSION PRO5 GRAM.—Section 2130a(a)(1) of title 10, United States 

6 Code, is amended by striking ‘‘December 31, 2005’’ and 

7 inserting ‘‘December 31, 2006’’. 

8 (b) REPAYMENT OF EDUCATION LOANS FOR CER9 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE10 LECTED RESERVE.—Section 16302(d) of such title is 

11 amended by striking ‘‘January 1, 2006’’ and inserting 

12 ‘‘January 1, 2007’’. 

13 (c) ACCESSION BONUS FOR REGISTERED NURSES.— 

14 Section 302d(a)(1) of title 37, United States Code, is 

15 amended by striking ‘‘December 31, 2005’’ and inserting 

16 ‘‘December 31, 2006’’. 

17 (d) INCENTIVE SPECIAL PAY FOR NURSE ANES18 THETISTS.—Section 302e(a)(1) of such title is amended 

19 by striking ‘‘December 31, 2005’’ and inserting ‘‘Decem20 ber 31, 2006’’. 

21 (e) SPECIAL PAY FOR SELECTED RESERVE HEALTH

22 PROFESSIONALS IN CRITICALLY SHORT WARTIME SPE23 CIALTIES.—Section 302g(f) of such title is amended by 

24 striking ‘‘December 31, 2005’’ and inserting ‘‘December 

25 31, 2006’’. 
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1 (f) ACCESSION BONUS FOR DENTAL OFFICERS.— 

2 Section 302h(a)(1) of such title is amended by striking 

3 ‘‘December 31, 2005’’ and inserting ‘‘December 31, 

4 2006’’. 

5 (g) ACCESSION BONUS FOR PHARMACY OFFICERS.— 

6 Section 302j(a) of such title is amended by striking ‘‘De7 cember 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

8 SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AU9 THORITIES FOR NUCLEAR OFFICERS. 

10 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI11 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section 

12 312(e) of title 37, United States Code, is amended by 

13 striking ‘‘December 31, 2005’’ and inserting ‘‘December 

14 31, 2006’’. 

15 (b) NUCLEAR CAREER ACCESSION BONUS.—Section 

16 312b(c) of such title is amended by striking ‘‘December 

17 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

18 (c) NUCLEAR CAREER ANNUAL INCENTIVE

19 BONUS.—Section 312c(d) of such title is amended by 

20 striking ‘‘December 31, 2005’’ and inserting ‘‘December 

21 31, 2006’’. 

22 SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND 

23 SPECIAL PAY AUTHORITIES. 

24 (a) AVIATION OFFICER RETENTION BONUS.—Sec25 tion 301b(a) of title 37, United States Code, is amended 
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1 by striking ‘‘December 31, 2005’’ and inserting ‘‘Decem2 ber 31, 2006’’. 

3 (b) ASSIGNMENT INCENTIVE PAY.—Section 307a(f) 

4 of such title is amended by striking ‘‘December 31, 2006’’ 

5 and inserting ‘‘December 31, 2007’’. 

6 (c) REENLISTMENT BONUS FOR ACTIVE MEM7 BERS.—Section 308(g) of such title is amended by strik8 ing ‘‘December 31, 2005’’ and inserting ‘‘December 31, 

9 2006’’. 

10 (d) ENLISTMENT BONUS FOR ACTIVE MEMBERS.— 

11 Section 309(e) of such title is amended by striking ‘‘De12 cember 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

13 (e) RETENTION BONUS FOR MEMBERS WITH CRIT14 ICAL MILITARY SKILLS.—Section 323(i) of such title is 

15 amended by striking ‘‘December 31, 2005’’ and inserting 

16 ‘‘December 31, 2006’’. 

17 (f) ACCESSION BONUS FOR NEW OFFICERS IN CRIT18 ICAL SKILLS.—Section 324(g) of such title is amended by 

19 striking ‘‘December 31, 2005’’ and inserting ‘‘December 

20 31, 2006’’. 

21 SEC. 615. EXPANSION OF ELIGIBILITY OF DENTAL OFFI22 CERS FOR ADDITIONAL SPECIAL PAY. 

23 (a) REPEAL OF INTERNSHIP AND RESIDENCY EX24 CEPTION.—Section 302b(a)(4) of title 37, United States 

25 Code, is amended by striking the first sentence and insert-
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1 ing the following new sentence: ‘‘An officer who is entitled 

2 to variable special pay under paragraph (2) or (3) is also 

3 entitled to additional special pay for any 12-month period 

4 during which an agreement executed under subsection (b) 

5 is in effect with respect to the officer.’’. 

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

7 subsection (a) shall take effect on October 1, 2005. 

8 SEC. 616. INCREASE IN MAXIMUM MONTHLY RATE AUTHOR9 IZED FOR HARDSHIP DUTY PAY. 

10 (a) INCREASE.—Section 305(a) of title 37, United 

11 States Code, is amended by striking ‘‘$300’’ and inserting 

12 ‘‘$750’’. 

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

14 subsection (a) shall take effect on October 1, 2005. 

15 SEC. 617. FLEXIBLE PAYMENT OF ASSIGNMENT INCENTIVE 

16 PAY. 

17 (a) AUTHORITY TO PROVIDE LUMP SUM OR IN18 STALLMENT PAYMENTS.—Section 307a of title 37, United 

19 States Code, is amended— 

20 (1) in subsection (a), by striking ‘‘monthly’’; 

21 (2) in subsection (b)— 

22 (A) by inserting ‘‘(1)’’ before the first sen23 tence; 

24 (B) in the second sentence, by striking 

25 ‘‘and, subject to subsection (c), the monthly 
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1 rate of the incentive pay.’’ and inserting ‘‘, the 

2 total or monthly amount to be paid under the 

3 agreement, and whether the incentive pay will 

4 be provided on a monthly basis, in a lump sum, 

5 or in installments other than monthly.’’; and 

6 (C) by adding at the end the following new 

7 paragraph: 

8 ‘‘(2) The Secretary concerned and a member may 

9 agree to extend an existing agreement under this section 

10 to cover an additional period of service in a designated 

11 assignment.’’; and 

12 (3) in subsection (c), by adding at the end the 

13 following new sentences: ‘‘The maximum amount of 

14 a lump sum payment under an agreement under this 

15 section may not exceed the product of the maximum 

16 monthly rate and the number of months covered by 

17 the agreement. Installment payments shall be cal18 culated using the same formula for the months cov19 ered by the installment.’’. 

20 (b) REPAYMENT OF INCENTIVE PAY.—Such section 

21 is further amended— 

22 (1) by redesignating subsection (f), as amended 

23 by section 614(b), as subsection (g); and 

24 (2) by inserting after subsection (e) the fol25 lowing new subsection (f): 
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1 ‘‘(f) REPAYMENT.—A member who enters into an 

2 agreement under this section and receives incentive pay 

3 under the agreement in a lump sum or installments, but 

4 who fails to complete the period of service covered by the 

5 payment, whether voluntarily or because of misconduct, 

6 shall be subject to the repayment provisions of section 

7 303a(e) of this title.’’. 

8 SEC. 618. ACTIVE-DUTY REENLISTMENT BONUS. 

9 (a) ELIGIBILITY OF SENIOR ENLISTED MEMBERS.— 

10 Subsection (a) of section 308 of title 37, United States 

11 Code, is amended— 

12 (1) in paragraph (1)(A), by striking ‘‘16 years 

13 of active duty’’ and inserting ‘‘20 years of active 

14 duty’’; and 

15 (2) in paragraph (3), by striking ‘‘18 years’’ 

16 and inserting ‘‘24 years’’. 

17 (b) INCREASE IN AUTHORIZED MAXIMUM AMOUNT

18 OF BONUS.—Paragraph (2)(B) of such subsection is 

19 amended by striking ‘‘$60,000’’ and inserting ‘‘$90,000’’. 

20 (c) REPEAL OF REFERENCE TO OBSOLETE SPECIAL

21 PAY.—Paragraph (1) of such subsection is amended— 

22 (1) by inserting ‘‘and’’ at the end of subpara23 graph (B); 

24 (2) by striking subparagraph (C); and 
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1 (3) by redesignating subparagraph (D) as sub2 paragraph (C). 

3 (d) AUTHORITY TO WAIVE ELIGIBILITY REQUIRE4 MENTS.—Such subsection is further amended by striking 

5 paragraph (5) and inserting the following new paragraph: 

6 ‘‘(5) In time of war or national emergency, the Sec7 retary concerned may waive all or a part of the eligibility 

8 requirements specified in paragraph (1) for the payment 

9 of a bonus under this section.’’. 

10 (e) REPEAL OF OBSOLETE SPECIAL PAY.— 

11 (1) REPEAL.—Section 312a of title 37, United 

12 States Code, is repealed. 

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions at the beginning of chapter 5 of such title is 

15 amended by striking the item relating to section 

16 312a. 

17 (f) EFFECTIVE DATE.—The amendments made by 

18 this section shall take effect on October 1, 2005. 

19 SEC. 619. REENLISTMENT BONUS FOR MEMBERS OF SE20 LECTED RESERVE. 

21 (a) ELIGIBILITY OF SENIOR ENLISTED MEMBERS.— 

22 Subsection (a)(1) of section 308b of title 37, United 

23 States Code, is amended by striking ‘‘16 years of total 

24 military service’’ and inserting ‘‘20 years of total military 

25 service’’. 
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1 (b) COMPUTATION OF BONUS AMOUNT.—Subsection 

2 (b) of such section is amended by adding at the end the 

3 following new paragraph: 

4 ‘‘(3) Any portion of a term of reenlistment or exten5 sion of enlistment of a member that, when added to the 

6 total years of service of the member at the time of dis7 charge or release, exceeds 24 years may not be used in 

8 computing the total bonus amount under paragraph (1).’’. 

9 (c) AUTHORITY TO WAIVE ELIGIBILITY REQUIRE10 MENTS.—Subsection (c)(2) of such section is amended by 

11 striking ‘‘In the case’’ and all that follows through ‘‘the 

12 Secretary’’ and inserting ‘‘In time of war or national 

13 emergency, the Secretary’’. 

14 SEC. 620. COMBINATION OF AFFILIATION AND ACCESSION 

15 BONUSES FOR SERVICE IN THE SELECTED 

16 RESERVE. 

17 (a) BONUSES AUTHORIZED.—Section 308c of title 

18 37, United States Code, is amended to read as follows: 

19 ‘‘§ 308c. Special pay: bonus for affiliation or enlist20 ment in the Select Reserve 

21 ‘‘(a) AFFILIATION BONUS AUTHORIZED.—(1) The 

22 Secretary concerned may pay an affiliation bonus to an 

23 enlisted member of an armed force who— 

24 ‘‘(A) has completed fewer than 20 total years of 

25 military service; and 
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1 ‘‘(B) executes a written agreement with the 

2 Secretary to serve in the Selected Reserve, after 

3 being discharged or released from active duty, for a 

4 period of not less than three years in a skill, unit, 

5 or pay grade designated under paragraph (2). 

6 ‘‘(2) The Secretary concerned shall designate the crit7 ical skills, units, and pay grades for which an affiliation 

8 bonus is available under this subsection. 

9 ‘‘(b) ACCESSION BONUS AUTHORIZED.—The Sec10 retary concerned may pay an accession bonus to a person 

11 who— 

12 ‘‘(1) has not previously served in the armed 

13 forces; and 

14 ‘‘(2) executes a written agreement to serve as 

15 an enlisted member in the Selected Reserve for a pe16 riod of not less than three years. 

17 ‘‘(c) LIMITATION ON AMOUNT OF BONUS.—The 

18 amount of a bonus under subsection (a) or (b) may not 

19 exceed $15,000. 

20 ‘‘(d) PAYMENT METHOD.—Upon acceptance of a 

21 written agreement by the Secretary concerned under sub22 section (a) or (b), the total amount of the bonus payable 

23 under the agreement becomes fixed. The agreement shall 

24 specify whether the bonus will be paid by the Secretary 

25 in a lump sum or in installments. 
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1 ‘‘(e) PAYMENT TO MOBILIZED MEMBERS.—A mem2 ber of the Selected Reserve entitled to a bonus under this 

3 section who is called or ordered to active duty shall be 

4 paid, during that period of active duty, any amount of the 

5 bonus that becomes payable to the member during that 

6 period of active duty. 

7 ‘‘(f) REPAYMENT.—A person who enters into an 

8 agreement under subsection (a) or (b) and receives all or 

9 part of the bonus under the agreement, but who does not 

10 commence to serve in the Selected Reserve or does not 

11 satisfactorily participate in the Selected Reserve for the 

12 total period of service specified in the agreement, shall be 

13 subject to the repayment provisions of section 303a(e) of 

14 this title. 

15 ‘‘(g) REGULATIONS.—This section shall be adminis16 tered under regulations prescribed by the Secretary of De17 fense for the armed forces under the jurisdiction of the 

18 Secretary of Defense and by the Secretary of Homeland 

19 Security for the Coast Guard when it is not operating as 

20 a service in the Navy. 

21 ‘‘(h) TERMINATION OF BONUS AUTHORITY.—No 

22 bonus may be paid under this section with respect to any 

23 agreement under subsection (a) or (b) entered into after 

24 December 31, 2006.’’. 
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1 (b) REPEAL OF SEPARATE RESERVE AFFILIATION

2 BONUS.—Section 308e of such title is repealed. 

3 (c) CLERICAL AMENDMENTS.—The table of sections 

4 at the beginning of chapter 5 of such title is amended— 

5 (1) by striking the item relating to section 308c 

6 and inserting the following new item: 

‘‘308c. Special pay: bonus for affiliation or enlistment the Select Reserve.’’. 

7 (2) by striking the item relating to section 

8 308e. 

9 (d) LIMITATION ON FISCAL YEAR 2006 OBLIGA10 TIONS.—During fiscal year 2006, obligations incurred 

11 under section 308c of title 37, United States Code, to pro12 vide bonuses for affiliation or enlistment in the Select Re13 serve using the expanded authority provided by the 

14 amendment made by subsection (a) may not exceed 

15 $30,000,000. The bonus authority available under such 

16 section shall not be considered to be an expanded author17 ity to the extent that the authority was available under 

18 section 308e of such title, before the repeal of such section 

19 by subsection (b). 

20 SEC. 621. ELIGIBILITY REQUIREMENTS FOR PRIOR SERV21 ICE ENLISTMENT BONUS. 

22 Section 308i(a)(2) of title 37, United States Code, 

23 is amended by striking subparagraph (A) and inserting 

24 the following new subparagraph: 
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1 ‘‘(A) The person has not more than 16 years of 

2 total military service and received an honorable dis3 charge at the conclusion of all prior periods of serv4 ice.’’. 

5 SEC. 622. INCREASE IN AUTHORIZED MAXIMUM AMOUNT 

6 OF ENLISTMENT BONUS. 

7 (a) INCREASE.—Section 309(a) of title 37, United 

8 States Code, is amended by striking ‘‘$20,000’’ and in9 serting ‘‘$30,000’’. 

10 (b) LIMITATION ON FISCAL YEAR 2006 OBLIGA11 TIONS.—During fiscal year 2006, obligations incurred 

12 under section 309 of title 37, United States Code, to pro13 vide enlistment bonuses in the increased amounts author14 ized by the amendment made by subsection (a) may not 

15 exceed $30,000,000. 

16 SEC. 623. DISCRETION OF SECRETARY OF DEFENSE TO AU17 THORIZE RETROACTIVE HOSTILE FIRE AND 

18 IMMINENT DANGER PAY. 

19 Section 310(c) of title 37, United States Code, is 

20 amended— 

21 (1) by redesignating paragraphs (1) and (2) as 

22 paragraphs (2) and (3), respectively; and 

23 (2) by inserting before paragraph (2), as so re24 designated, the following new paragraph (1): 
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1 ‘‘(1) In the case of an area described in subparagraph 

2 (B) or (D) of subsection (a)(2), the Secretary of Defense 

3 shall be responsible for designating the period during 

4 which duty in the area will qualify members for special 

5 pay under this section. The effective date designated for 

6 the commencement of such a period may be a date occur7 ring before, on, or after the actual date on which the Sec8 retary makes the designation. If the commencement date 

9 for such a period is a date occurring before the date on 

10 which the Secretary makes the designation, the payment 

11 of special pay under this section for the period between 

12 the commencement date and the date on which the Sec13 retary made the designation shall be subject to the avail14 ability of appropriated funds for that purpose.’’. 

15 SEC. 624. INCREASE IN MAXIMUM BONUS AMOUNT FOR NU16 CLEAR-QUALIFIED OFFICERS EXTENDING PE17 RIOD OF ACTIVE DUTY. 

18 Section 312(a) of title 37, United States Code, is 

19 amended by striking ‘‘$25,000’’ and inserting ‘‘$30,000’’. 
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1 SEC. 625. INCREASE IN MAXIMUM AMOUNT OF NUCLEAR 

2 CAREER ANNUAL INCENTIVE BONUS FOR NU3 CLEAR-QUALIFIED OFFICERS TRAINED 

4 WHILE SERVING AS ENLISTED MEMBERS. 

5 Section 312c(b)(1) of title 37, United States Code, 

6 is amended by striking ‘‘$10,000’’ and inserting 

7 ‘‘14,000’’. 

8 SEC. 626. UNIFORM PAYMENT OF FOREIGN LANGUAGE 

9 PROFICIENCY PAY TO ELIGIBLE RESERVE 

10 COMPONENT MEMBERS AND REGULAR COM11 PONENT MEMBERS. 

12 (a) AVAILABILITY OF BONUS IN LIEU OF MONTHLY

13 SPECIAL PAY.—Subsection (a) of section 316 of title 37, 

14 United States Code, is amended— 

15 (1) by striking ‘‘monthly special pay’’ and in16 serting ‘‘a bonus’’; and 

17 (2) by striking ‘‘is entitled to basic pay under 

18 section 204 of this title and who’’. 

19 (b) PAYMENT OF BONUS.—Such section is further 

20 amended— 

21 (1) by striking subsections (b), (d), (e), and (g); 

22 (2) by redesignating subsections (f) and (h) as 

23 subsections (d) and (f) respectively; 

24 (3) by inserting after subsection (a) the fol25 lowing new subsection (b): 
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1 ‘‘(b) BONUS AMOUNT; TIME FOR PAYMENT.—A 

2 bonus under subsection (a) may not exceed $12,000 per 

3 one-year certification period. The Secretary concerned 

4 may pay the bonus in a single lump sum at the beginning 

5 of the certification period or in installments during the 

6 certification period. The bonus is in addition to any other 

7 pay or allowance payable to a member under any other 

8 provision of law.’’. 

9 (c) CONFORMING AMENDMENTS.—Such section is 

10 further amended— 

11 (1) in subsection (c)— 

12 (A) by striking ‘‘special pay or’’ both 

13 places it appears; and 

14 (B) by striking ‘‘or (b)’’; 

15 (2) in subsection (d), as redesignated by sub16 section (b)(2)— 

17 (A) in paragraph (1)— 

18 (i) by striking ‘‘monthly special pay 

19 or’’ in the matter preceding subparagraph 

20 (A); and 

21 (ii) in subparagraph (C), by striking 

22 ‘‘for receipt’’ and all that follows through 

23 the period at the end and inserting ‘‘under 

24 subsection (a)’’; 
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1 (B) in paragraph (2), by striking ‘‘For 

2 purposes’’ and all that follows through ‘‘the 

3 Secretary concerned’’ and inserting ‘‘The Sec4 retary concerned’’; 

5 (C) in paragraph (3)— 

6 (i) by striking ‘‘special pay or’’ both 

7 places it appears; and 

8 (ii) by striking ‘‘subsection (h)’’ and 

9 inserting ‘‘subsection (f)’’; and 

10 (D) in paragraph (4), by striking ‘‘sub11 section (g)’’ and inserting ‘‘section 303a(e) of 

12 this title’’; and 

13 (3) by inserting after such subsection (d) the 

14 following new subsection (e): 

15 ‘‘(e) REPAYMENT.—A member who receives a bonus 

16 under this section, but who does not satisfy an eligibility 

17 requirement specified in paragraph (1), (2), (3), or (4) 

18 of subsection (a) for the entire certification period, shall 

19 be subject to the repayment provisions of section 303a(e) 

20 of this title.’’. 

21 (d) CLERICAL AMENDMENTS.— 

22 (1) SECTION HEADING.—The heading of such 

23 section is amended to read as follows: 
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1 ‘‘§ 316. Special pay: bonus for members with foreign 

2 language proficiency’’. 

3 (2) TABLE OF SECTIONS.—The table of sections 

4 at the beginning of chapter 5 of such title is amend5 ed by striking the item relating to section 316 and 

6 inserting the following new item: 

‘‘316. Special pay: bonus for members with foreign language proficiency.’’. 

7 SEC. 627. RETENTION BONUS FOR MEMBERS QUALIFIED IN 

8 CERTAIN CRITICAL SKILLS OR SATISFYING 

9 OTHER ELIGIBILITY CRITERIA. 

10 (a) AVAILABILITY OF BONUS FOR RESERVE COMPO11 NENT MEMBERS.—Section 323 of title 37, United States 

12 Code, is amended— 

13 (1) in subsection (a)— 

14 (A) in the matter preceding paragraph (1), 

15 by striking ‘‘who is serving on active duty and’’ 

16 and inserting ‘‘who is serving on active duty in 

17 a regular component or in an active status in 

18 a reserve component and who’’; 

19 (B) in paragraph (1), by inserting ‘‘or to 

20 remain in an active status in a reserve compo21 nent for at least one year’’ before the semi22 colon; and 

23 (C) in paragraph (3), by inserting ‘‘or to 

24 remain in an active status in a reserve compo-
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1 nent for a period of at least one year’’ before 

2 the period; and 

3 (2) in subsection (e)(1), by inserting ‘‘or service 

4 in an active status in a reserve component’’ after 

5 ‘‘active duty’’ each place it appears. 

6 (b) ADDITIONAL CRITERIA FOR BONUS.—Such sec7 tion is further amended— 

8 (1) in subsection (a), by striking ‘‘designated 

9 critical military skill’’ and inserting ‘‘critical military 

10 skill designated under subsection (b) or satisfies 

11 such other eligibility criteria established under such 

12 subsection’’; 

13 (2) in subsection (b)— 

14 (A) by striking ‘‘DESIGNATION OF CRIT15 ICAL SKILLS.—’’ and inserting ‘‘ELIGIBILITY

16 CRITERIA.—(1)’’; and 

17 (B) by adding at the end the following new 

18 paragraph: 

19 ‘‘(2) The Secretary of Defense, and the Secretary of 

20 Homeland Security with respect to the Coast Guard when 

21 it is not operating as a service in the Navy, may establish 

22 such other criteria as the Secretary considers appropriate 

23 under which a retention bonus will be provided to a mem24 ber of the armed forces under subsection (a).’’; and 
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1 (3) in subsection (h)(1), by striking ‘‘members 

2 qualified in the critical military skills for which the 

3 bonuses were offered’’ and inserting ‘‘members of 

4 the armed forces who were offered a bonus under 

5 this section’’. 

6 (c) EXTENDED ELIGIBILITY PERIOD FOR CERTAIN

7 MEMBERS.—Subsection (e) of such section is amended by 

8 striking paragraph (2) and inserting the following new 

9 paragraphs: 

10 ‘‘(2) The limitations in paragraph (1) do not apply 

11 with respect to an officer who, during the period of active 

12 duty or service in an active status in a reserve component 

13 for which the bonus is being offered, is assigned duties 

14 as a health care professional. 

15 ‘‘(3) The limitations in paragraph (1) do not apply 

16 with respect to a member who, during the period of active 

17 duty or service in an active status in a reserve component 

18 for which the bonus is being offered— 

19 ‘‘(A) is qualified in a skill designated as critical 

20 under subsection (b)(1) related to special operations 

21 forces; or 

22 ‘‘(B) is qualified for duty in connection with the 

23 supervision, operation, and maintenance of naval nu24 clear propulsion plants.’’. 
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1 (d) REPAYMENT REQUIREMENTS.—Subsection (g) of 

2 such section is amended to read as follows: 

3 ‘‘(g) REPAYMENT.—A member paid a bonus under 

4 this section who fails, during the period of service covered 

5 by the member’s agreement, reenlistment, or voluntary ex6 tension of enlistment under subsection (a), to remain 

7 qualified in the critical military skill or to satisfy the other 

8 eligibility criteria for which the bonus was paid shall be 

9 subject to the repayment provisions of section 303a(e) of 

10 this title.’’. 

11 (e) CLERICAL AMENDMENTS.— 

12 (1) SECTION HEADING.—The heading of section 

13 323 of such title is amended to read as follows: 

14 ‘‘§ 323. Special pay: retention incentives for members 

15 qualified in a critical military skill or 

16 who satisfy other eligibility criteria’’. 

17 (2) TABLE OF SECTIONS.—The table of sections 

18 at the beginning of chapter 5 of such title is amend19 ed by striking the item relating to section 323 and 

20 inserting the following new item: 

‘‘323. Special pay: retention incentives for members qualified in a critical military skill or who satisfy other eligibility criteria.’’. 

21 (f) EFFECTIVE DATE.—Section 323(a) of title 37, 

22 United States Code, as amended by this section, shall 

23 apply to agreements, reenlistments, and the voluntary ex-
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1 tension of enlistments referred to in subsection (a) of such 

2 section entered into on or after October 1, 2005. 

3 SEC. 628. AVAILABILITY OF CRITICAL-SKILLS ACCESSION 

4 BONUS FOR PERSONS ENROLLED IN SENIOR 

5 RESERVE OFFICERS’ TRAINING CORPS WHO 

6 ARE OBTAINING NURSING DEGREES. 

7 (a) AUTHORITY TO PROVIDE BONUS.—Section 324 

8 of title 37, United States Code, as amended by section 

9 614(f) of this Act, is further amended— 

10 (1) by redesignating subsections (f) and (g) as 

11 subsections (g) and (h), respectively; and 

12 (2) by inserting after subsection (e) the fol13 lowing new subsection: 

14 ‘‘(f) NURSE CANDIDATES IN SENIOR RESERVE OFFI15 CERS’ TRAINING CORPS.—(1) A person enrolled in the 

16 Senior Reserve Officers’ Training Corps program of the 

17 Army for advanced training under chapter 103 of title 10, 

18 including a person receiving financial assistance under 

19 section 2107 of such title, may receive an accession bonus 

20 under this section if the person— 

21 ‘‘(A) has completed the second year of an ac22 credited baccalaureate degree program in nursing; 

23 and 
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1 ‘‘(B) executes an agreement under this section 

2 to serve on active duty as a commissioned officer in 

3 the Army Nurse Corps. 

4 ‘‘(2) Notwithstanding subsection (c), the amount of 

5 the accession bonus paid to a person described in para6 graph (1) may not exceed $5,000.’’. 

7 (b) RETROACTIVE APPLICATION TO EXISTING

8 AGREEMENTS.—Subsection (f) of section 324 of title 37, 

9 United States Code, as added by subsection (a), shall 

10 apply with respect to agreements referred to in paragraph 

11 (1)(B) of such subsection executed on or after October 5, 

12 2004. 

13 Subtitle C—Travel and 

14 Transportation Allowances 

15 SEC. 641. AUTHORIZED ABSENCES OF MEMBERS FOR 

16 WHICH LODGING EXPENSES AT TEMPORARY 

17 DUTY LOCATION MAY BE PAID. 

18 (a) ABSENCES COVERED BY ALLOWANCE.—Section 

19 404b of title 37, United States Code, is amended— 

20 (1) in subsection (a), by striking ‘‘while the 

21 member is in an authorized leave status’’ and insert22 ing ‘‘during an authorized absence of the member 

23 from the temporary duty location’’; 

24 (2) in subsection (b)— 
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1 (A) in paragraph (1), by striking ‘‘taking 

2 the authorized leave’’ and inserting ‘‘the au3 thorized absence’’; and 

4 (B) in paragraph (3), by striking ‘‘imme5 diately after completing the authorized leave’’ 

6 and inserting ‘‘before the end of the authorized 

7 absence’’; 

8 (3) in subsection (c), by striking ‘‘while the 

9 member was in an authorized leave status’’ and in10 serting ‘‘during the authorized absence of the mem11 ber’’; and 

12 (4) by adding at the end the following new sub13 section: 

14 ‘‘(d) AUTHORIZED ABSENCE DEFINED.—In this sec15 tion, the term ‘authorized absence’, with respect to a mem16 ber, means that the member is in an authorized leave sta17 tus or that the absence of the member is otherwise author18 ized by the commander of the member.’’. 

19 (b) CLERICAL AMENDMENTS.— 

20 (1) SECTION HEADING.—The heading of such 

21 section is amended to read as follows: 
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1 ‘‘§ 404b. Travel and transportation allowances: pay2 ment of lodging expenses at temporary 

3 duty location during authorized absence 

4 of member’’. 

5 (2) TABLE OF SECTIONS.—The table of sections 

6 at the beginning of chapter 7 of such title is amend7 ed by striking the item relating to section 404b and 

8 inserting the following new item: 

‘‘404b. Travel and transportation allowances: payment of lodging expenses at 

temporary duty location during authorized absence of member.’’. 

9 SEC. 642. EXTENDED PERIOD FOR SELECTION OF HOME 

10 FOR TRAVEL AND TRANSPORTATION ALLOW11 ANCES FOR DEPENDENTS OF DECEASED 

12 MEMBER. 

13 (a) DEATH OF MEMBER ENTITLED TO BASIC PAY.— 

14 Subsection (f) section 406 of title 37, United States Code, 

15 is amended— 

16 (1) by inserting ‘‘(1)’’ after ‘‘(f)’’; 

17 (2) by striking ‘‘he’’ and inserting ‘‘the mem18 ber’’; and 

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

20 paragraph: 

21 ‘‘(2) The Secretary concerned shall give the depend22 ents of a member described in paragraph (1) a period of 

23 not less than three years, beginning on the date of the 

24 death of the member, during which to select a home for 
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1 the purposes of the travel and transportation allowances 

2 authorized by this section.’’. 

3 (b) CERTAIN OTHER DECEASED MEMBERS.—Sub4 section (g)(3) of such section is amended in the first sen5 tence— 

6 (1) by striking ‘‘he exercises it’’ and inserting 

7 ‘‘the member exercises the right or entitlement’’; 

8 (2) by striking ‘‘his baggage and household ef9 fects’’ and inserting ‘‘the baggage and household ef10 fects of the deceased member’’; and 

11 (3) by striking ‘‘his surviving dependents or, if’’ 

12 and inserting ‘‘the surviving dependents at any time 

13 before the end of the three-year period beginning on 

14 the date on which the member accrued that right or 

15 benefit. If’’. 

16 SEC. 643. TRANSPORTATION OF FAMILY MEMBERS INCI17 DENT TO REPATRIATION OF MEMBERS HELD 

18 CAPTIVE. 

19 (a) ALLOWANCES AUTHORIZED.—Chapter 7 of title 

20 37, United States Code, is amended by inserting after sec21 tion 411i the following new section: 
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1 ‘‘§ 411j. Travel and transportation allowances: trans2 portation of family members incident to 

3 repatriation of members held captive 

4 ‘‘(a) ALLOWANCES AUTHORIZED.—(1) The Secretary 

5 concerned may provide the travel and transportation al6 lowances described in subsection (c) to not more than 

7 three family members of a member of the uniformed serv8 ices who— 

9 ‘‘(A) is serving on active duty; 

10 ‘‘(B) was officially carried or determined to be 

11 absent in a missing status (as defined in section 551 

12 of this title); and 

13 ‘‘(C) is repatriated to a site in or outside the 

14 United States. 

15 ‘‘(2) In circumstances determined to be appropriate 

16 by the Secretary concerned, the Secretary may waive the 

17 limitation on the number of family members of a member 

18 provided travel and transportation allowances under this 

19 section. 

20 ‘‘(b) ELIGIBLE PERSONS.—(1) In this section, the 

21 term ‘family member’ has the meaning given that term 

22 in section 411h(b) of this title. 

23 ‘‘(2) The Secretary concerned may also provide the 

24 travel and transportation allowances to an attendant who 

25 accompanies a family member if the Secretary determines 

26 that— 
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1 ‘‘(A) the family member is unable to travel un2 attended because of age, physical condition, or other 

3 justifiable reason; and 

4 ‘‘(B) no other family member who is receiving 

5 the allowances under this section is able to serve as 

6 an attendant for the family member. 

7 ‘‘(3) If no family member is able to travel to the repa8 triation site, the Secretary concerned may provide the 

9 travel and transportation allowances to not more than two 

10 persons who are related to the member (but who do not 

11 satisfy the definition of family member) and are selected 

12 by the member. 

13 ‘‘(c) ALLOWANCES DESCRIBED.—(1) The transpor14 tation authorized by subsection (a) is round-trip transpor15 tation between— 

16 ‘‘(A) the home of the family member (or the 

17 home of an attendant or other person provided 

18 transportation pursuant to paragraph (2) or (3) of 

19 subsection (b)); and 

20 ‘‘(B) the location of the repatriation site or 

21 other location determined to be appropriate by the 

22 Secretary concerned. 

23 ‘‘(2) In addition to the transportation authorized by 

24 subsection (a), the Secretary concerned may provide a per 

25 diem allowance or reimbursement for the actual and nec-
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1 essary expenses of the travel, or a combination thereof, 

2 but not to exceed the rates established under section 

3 404(d) of this title. 

4 ‘‘(d) PROVISION OF ALLOWANCES.—(1) The trans5 portation authorized by subsection (a) may be provided 

6 by any of the following means: 

7 ‘‘(A) Transportation in-kind. 

8 ‘‘(B) A monetary allowance in place of trans9 portation in-kind at a rate to be prescribed by the 

10 Secretaries concerned. 

11 ‘‘(C) Reimbursement for the commercial cost of 

12 transportation. 

13 ‘‘(2) An allowance payable under this subsection may 

14 be paid in advance. 

15 ‘‘(3) Reimbursement payable under this subsection 

16 may not exceed the cost of government-procured commer17 cial round-trip air travel. 

18 ‘‘(e) REGULATIONS.—The Secretaries concerned shall 

19 prescribe uniform regulations to carry out this section.’’. 

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

21 at the beginning of chapter 7 of such title is amended by 

22 inserting after the item relating to section 411i the fol23 lowing new item: 

‘‘411j. Travel and transportation allowances: transportation of family members 

incident to repatriation of members held captive.’’. 
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1 SEC. 644. INCREASED WEIGHT ALLOWANCES FOR SHIP2 MENT OF HOUSEHOLD GOODS OF SENIOR 

3 NONCOMMISSIONED OFFICERS. 

4 (a) INCREASE.—The table in section 406(b)(1)(C) of 

5 title 37, United States Code, is amended by striking the 

6 items relating to pay grades E–7 through E–9 and insert7 ing the following new items: 

‘‘E–9 ............................................................................. 13,000 15,000

E–8 ............................................................................... 12,000 14,000

E–7 ............................................................................... 11,000 13,000’’. 

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

9 subsection (a) shall take effect on January 1, 2006, and 

10 apply with respect to an order in connection with a change 

11 of temporary or permanent station issued on or after that 

12 date. 

13 Subtitle D—Retired Pay and 

14 Survivor Benefits 

15 SEC. 651. MONTHLY DISBURSEMENT TO STATES OF STATE 

16 INCOME TAX WITHHELD FROM RETIRED OR 

17 RETAINER PAY. 

18 Section 1045(a) of title 10, United States Code, is 

19 amended in the third sentence— 

20 (1) by striking ‘‘quarter’’ the first place it ap21 pears and inserting ‘‘month’’; and 
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1 (2) by striking ‘‘during the month following 

2 that calendar quarter’’ and inserting ‘‘during the fol3 lowing calendar month’’. 

4 SEC. 652. REVISION TO ELIGIBILITY FOR NONREGULAR 

5 SERVICE RETIREMENT AFTER ESTABLISHING 

6 ELIGIBILITY FOR REGULAR RETIREMENT. 

7 (a) REVISION TO ALLOW CONTINUATION IN ACTIVE

8 STATUS.—Subsection (a) of section 12741 of title 10, 

9 United States Code, is amended— 

10 (1) in the matter preceding paragraph (1), by 

11 striking ‘‘becoming entitled to’’ and inserting ‘‘hav12 ing met the requirements for’’; and 

13 (2) in paragraph (3), by striking ‘‘become enti14 tled to’’ and inserting ‘‘met the requirements for’’. 

15 (b) CONFORMING AMENDMENT.—Subsection (b)(1) 

16 of such section is amended by striking ‘‘entitlement to’’ 

17 and inserting ‘‘eligibility for’’. 

18 (c) CLERICAL AMENDMENTS.— 

19 (1) SECTION HEADING.—The heading of such 

20 section is amended to read as follows: 

21 ‘‘§ 12741. Retirement from active reserve service per22 formed after becoming eligible for reg23 ular retirement’’. 

24 (2) TABLE OF SECTIONS.—The item relating to 

25 section 12741 in the table of sections at the begin-
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1 ning of chapter 1223 of such title is amended to 

2 read as follows: 

‘‘12741. Retirement from active reserve service performed after becoming eligible for regular retirement.’’. 

3 SEC. 653. DENIAL OF MILITARY FUNERAL HONORS IN CER4 TAIN CASES. 

5 (a) ADDITIONAL CIRCUMSTANCES FOR DENIAL OF

6 FUNERAL HONORS.—Subsection (a) of section 985 of title 

7 10, United States Code, is amended— 

8 (1) by inserting ‘‘(under section 1491 of this 

9 title or any other authority)’’ after ‘‘military hon10 ors’’; and 

11 (2) by striking ‘‘a person’’ and all that follows 

12 and inserting ‘‘any of the following persons: 

13 ‘‘(1) A person who has been convicted of a cap14 ital offense under Federal or State law for which the 

15 person was sentenced to death or life imprisonment 

16 without parole. 

17 ‘‘(2) A person not covered by paragraph (1) 

18 who is ineligible for interment in Arlington National 

19 Cemetery or a national cemetery under the control 

20 of the National Cemetery Administration by reason 

21 of section 2411(b) of title 38. 

22 ‘‘(3) A person who is a veteran (as defined in 

23 section 1491(h) of this title) or who died while on 

24 active duty or a member of a reserve component, 
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1 when the circumstances surrounding the person’s 

2 death or other circumstances as specified by the Sec3 retary of Defense are such that to provide military 

4 honors at the funeral or burial of the person would 

5 bring discredit upon the person’s service (or former 

6 service).’’. 

7 (b) CLERICAL AMENDMENTS.— 

8 (1) SECTION HEADING.—The heading of such 

9 section is amended to read as follows: 

10 ‘‘§ 985. Persons convicted of capital crimes; certain 

11 other persons: denial of specified burial12 related benefits’’. 

13 (2) TABLE OF SECTIONS.—The item relating to 

14 section 985 in the table of sections at the beginning 

15 of chapter 49 of such title is amended to read as fol16 lows: 

‘‘985. Persons convicted of capital crimes; certain other persons: denial of specified burial-related benefits.’’. 

17 (c) CROSS-REFERENCE AMENDMENT.—Section 

18 1491(a) of such title is amended by inserting before the 

19 period at the end the following: ‘‘, except when military 

20 honors are prohibited under section 985(a) of this title’’. 

21 (d) EFFECTIVE DATE.—The amendments made by 

22 this section shall apply with respect to funerals and burials 

23 that occur on or after the date of the enactment of this 

24 Act. 
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1 SEC. 654. CHILD SUPPORT FOR CERTAIN MINOR CHILDREN 

2 OF RETIREMENT-ELIGIBLE MEMBERS CON3 VICTED OF DOMESTIC VIOLENCE RESULTING 

4 IN DEATH OF CHILD’S OTHER PARENT. 

5 (a) AUTHORITY FOR COURT-ORDERED PAYMENTS.— 

6 Section 1408(h) of title 10, United States Code, is amend7 ed— 

8 (1) in paragraph (1)— 

9 (A) by inserting ‘‘(A)’’ after ‘‘(1)’’; and 

10 (B) by adding at the end of such para11 graph the following: 

12 ‘‘(B) If, in the case of a member or former member 

13 of the armed forces referred to in paragraph (2)(A), a 

14 court order provides for the payment as child support of 

15 an amount from the disposable retired pay of that member 

16 or former member (as certified under paragraph (4)) to 

17 an eligible dependent child of the member or former mem18 ber, the Secretary concerned, beginning upon effective 

19 service of such court order, shall pay that amount in ac20 cordance with this subsection to such dependent child.’’; 

21 (2) in paragraph (2)— 

22 (A) in the matter preceding subparagraph 

23 (A), by inserting ‘‘, or a dependent child,’’ after 

24 ‘‘former spouse’’; 

25 (B) in subparagraph (B)— 
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1 (i) by inserting ‘‘in the case of eligi2 bility of a spouse or former spouse under 

3 paragraph (1)(A),’’ after ‘‘(B)’’; and 

4 (ii) by striking the period at the end 

5 and inserting ‘‘; and’’; and 

6 (C) by adding at the end the following new 

7 subparagraph: 

8 ‘‘(C) in the case of eligibility of a dependent 

9 child under paragraph (1)(B), the other parent of 

10 the child died as a result of the misconduct that re11 sulted in the termination of retired pay.’’; 

12 (3) in paragraph (4), by inserting ‘‘, or an eligi13 ble dependent child,’’ after ‘‘former spouse’’; 

14 (4) in paragraph (5), by inserting ‘‘, or the de15 pendent child,’’ after ‘‘former spouse’’; and 

16 (5) in paragraph (6), by inserting ‘‘, or to a de17 pendent child,’’ after ‘‘former spouse’’. 

18 (b) EFFECTIVE DATE.—A court order authorized by 

19 the amendments made by this section may not provide for 

20 a payment attributable to any period before October 1, 

21 2005, or the date of the court order, whichever is later. 
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1 SEC. 655. CONCURRENT RECEIPT OF VETERANS DIS2 ABILITY COMPENSATION AND MILITARY RE3 TIRED PAY. 

4 Section 1414(a) of title 10, United States Code, is 

5 amended by inserting before the period at the end the fol6 lowing: ‘‘, and in the case of a qualified retiree receiving 

7 veterans’ disability compensation at the rate payable for 

8 a 100 percent disability by reason of a determination of 

9 individual unemployability, payment of retired pay to such 

10 veteran is subject to subsection (c) only during the period 

11 beginning on January 1, 2004, and ending on September 

12 30, 2009’’. 

13 SEC. 656. MILITARY SURVIVOR BENEFIT PLAN BENE14 FICIARIES UNDER INSURABLE INTEREST 

15 COVERAGE. 

16 (a) AUTHORITY TO ELECT NEW BENEFICIARY.— 

17 Section 1448(b)(1) of title 10, United States Code, is 

18 amended— 

19 (1) by inserting ‘‘or under subparagraph (G) of 

20 this paragraph’’ in the second sentence of subpara21 graph (E) before the period at the end; and 

22 (2) by adding at the end the following new sub23 paragraph: 

24 ‘‘(G) ELECTION OF NEW BENEFICIARY

25 UPON DEATH OF PREVIOUS BENEFICIARY.— 
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1 ‘‘(i) AUTHORITY FOR ELECTION.—If 

2 the reason for discontinuation in the Plan 

3 is the death of the beneficiary, the partici4 pant in the Plan may elect a new bene5 ficiary. Any such beneficiary must be a 

6 natural person with an insurable interest 

7 in the participant. Such an election may be 

8 made only during the 180-day period be9 ginning on the date of the death of the 

10 previous beneficiary. 

11 ‘‘(ii) PROCEDURES.—Such an election 

12 shall be in writing, signed by the partici13 pant, and made in such form and manner 

14 as the Secretary concerned may prescribe. 

15 Such an election shall be effective the first 

16 day of the first month following the month 

17 in which the election is received by the 

18 Secretary. 

19 ‘‘(iii) VITIATION OF ELECTION BY

20 PARTICIPANT WHO DIES WITHIN TWO

21 YEARS OF ELECTION.—If a person pro22 viding an annuity under a election under 

23 clause (i) dies before the end of the two24 year period beginning on the effective date 

25 of the election— 
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1 ‘‘(I) the election is vitiated; and 

2 ‘‘(II) the amount by which the 

3 person’s retired pay was reduced 

4 under section 1452 of this title that is 

5 attributable to the election shall be 

6 paid in a lump sum to the person who 

7 would have been the deceased person’s 

8 beneficiary under the vitiated election 

9 if the deceased person had died after 

10 the end of such two-year period.’’. 

11 (b) CHANGE IN PREMIUM FOR COVERAGE OF NEW

12 BENEFICIARY.—Section 1452(c) of such title is amended 

13 by adding at the end the following new paragraph: 

14 ‘‘(5) RULE FOR DESIGNATION OF NEW INSUR15 ABLE INTEREST BENEFICIARY FOLLOWING DEATH

16 OF ORIGINAL BENEFICIARY.—The Secretary of De17 fense shall prescribe in regulations premiums which 

18 a participant making an election under section 

19 1448(b)(1)(G) of this title shall be required to pay 

20 for participating in the Plan pursuant to that elec21 tion. The total amount of the premiums to be paid 

22 by a participant under the regulations shall be equal 

23 to the sum of the following: 

24 ‘‘(A) The total additional amount by which 

25 the retired pay of the participant would have 
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1 been reduced before the effective date of the 

2 election if the original beneficiary (i) had not 

3 died and had been covered under the Plan 

4 through the date of the election, and (ii) had 

5 been the same number of years younger than 

6 the participant (if any) as the new beneficiary 

7 designated under the election. 

8 ‘‘(B) Interest on the amounts by which the 

9 retired pay of the participant would have been 

10 so reduced, computed from the dates on which 

11 the retired pay would have been so reduced at 

12 such rate or rates and according to such meth13 odology as the Secretary of Defense determines 

14 reasonable. 

15 ‘‘(C) Any additional amount that the Sec16 retary determines necessary to protect the actu17 arial soundness of the Department of Defense 

18 Military Retirement Fund against any increased 

19 risk for the fund that is associated with the 

20 election.’’. 

21 (c) TRANSITION.— 

22 (1) TRANSITION PERIOD.—In the case of a par23 ticipant in the Survivor Benefit Plan who made a 

24 covered insurable-interest election (as defined in 

25 paragraph (2)) and whose designated beneficiary 
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1 under that election dies before the date of the enact2 ment of this Act or during the 18-month period be3 ginning on such date, the time period applicable for 

4 purposes of the limitation in the third sentence of 

5 subparagraph (G)(i) of section 1448(b)(1) of title 

6 10, United States Code, as added by subsection (a), 

7 shall be the two-year period beginning on the date 

8 of the enactment of this Act (rather than the 180- 

9 day period specified in that sentence). 

10 (2) COVERED INSURABLE-INTEREST ELEC11 TIONS.—For purposes of paragraph (1), a covered 

12 insurable-interest election is an election under sec13 tion 1448(b)(1) of title 10, United States Code, 

14 made before the date of the enactment of this Act, 

15 or during the 18-month period beginning on such 

16 date, by a participant in the Survivor Benefit Plan 

17 to provide an annuity under that plan to a natural 

18 person with an insurable interest in that person. 

19 (3) SURVIVOR BENEFIT PLAN.—For purposes 

20 of this subsection, the term ‘‘Survivor Benefit Plan’’ 

21 means the program under subchapter II of chapter 

22 73 of title 10, United States Code. 
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1 Subtitle E—Commissary and Non2 appropriated Fund Instrumen3 tality Benefits 

4 SEC. 661. INCREASE IN AUTHORIZED LEVEL OF SUPPLIES 

5 AND SERVICES PROCUREMENT FROM OVER6 SEAS EXCHANGE STORES. 

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

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

9 ‘‘$100,000’’. 

10 SEC. 662. REQUIREMENTS FOR PRIVATE OPERATION OF 

11 COMMISSARY STORE FUNCTIONS. 

12 Section 2485(a)(2) of title 10, United States Code, 

13 is amended by adding at the end the following new sen14 tence: ‘‘Until December 31, 2010, the Defense Com15 missary Agency is not required to conduct any cost-com16 parison study under the policies and procedures of Office 

17 of Management and Budget Circular A–76 relating to the 

18 possible contracting out of commissary store functions.’’. 

19 SEC. 663. PROVISION OF INFORMATION TECHNOLOGY 

20 SERVICES FOR ACCOMMODATIONS PRO21 VIDED BY NONAPPROPRIATED FUND INSTRU22 MENTALITIES FOR WOUNDED MEMBERS OF 

23 THE ARMED FORCES AND THEIR FAMILIES. 

24 (a) AUTHORITY TO PROVIDE SERVICES.—Section 

25 2494 of title 10, United States Code, is amended— 
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1 (1) by inserting ‘‘(a) UTILITY SERVICES.—’’ 

2 before ‘‘Appropriations’’; and 

3 (2) by adding at the end the following new sub4 section: 

5 ‘‘(b) INFORMATION TECHNOLOGY SERVICES.—Ap6 propriations for the Department of Defense may be used 

7 to provide information technology services, including 

8 equipment and access to the internet, for— 

9 ‘‘(1) Fisher Houses and Fisher Suites associ10 ated with health care facilities of a military depart11 ment; and 

12 ‘‘(2) other accommodations made available by a 

13 nonappropriated fund instrumentality of the Depart14 ment of Defense to members of the Armed Forces 

15 recovering from a wound or injury or to dependents 

16 of such members.’’. 

17 (b) CLERICAL AMENDMENTS.— 

18 (1) SECTION HEADING.—The heading of such 

19 section is amended to read as follows: 

20 ‘‘§ 2494. Nonappropriated fund instrumentalities: fur21 nishing certain services for morale, wel22 fare, and recreation purposes’’. 

23 (2) TABLE OF SECTIONS.—The table of sections 

24 at the beginning of subchapter III of chapter 147 of 

25 such title is amended by striking the item relating 
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1 to section 2494 and inserting the following new 

2 item: 

‘‘2494. Nonappropriated fund instrumentalities: furnishing certain services for 

morale, welfare, and recreation purposes.’’. 

3 SEC. 664. PROVISION OF AND PAYMENT FOR OVERSEAS 

4 TRANSPORTATION SERVICES FOR COM5 MISSARY AND EXCHANGE SUPPLIES. 

6 Section 2643 of title 10, United States Code, is 

7 amended— 

8 (1) by inserting ‘‘(a) TRANSPORTATION OP9 TIONS.—’’ before ‘‘The Secretary’’; 

10 (2) in the first sentence, by striking ‘‘by sea 

11 without relying on the Military Sealift Command’’ 

12 and inserting ‘‘to destinations outside the conti13 nental United States without relying on the Air Mo14 bility Command, the Military Sealift Command’’; 

15 (3) in the second sentence, by striking ‘‘trans16 portation contracts’’ and inserting ‘‘contracts for 

17 sea-borne transportation’’; and 

18 (4) by adding at the end the following new sub19 section: 

20 ‘‘(b) PAYMENT OF TRANSPORTATION COSTS.—Sec21 tion 2483(b)(5) of this title, regarding the use of appro22 priated funds to cover the expenses of operating com23 missary stores, shall apply to the transportation of com24 missary supplies. Appropriated funds for the Department 
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1 of Defense shall also be used to cover the expenses of 

2 transporting exchange supplies to destinations outside the 

3 continental United States.’’. 

4 SEC. 665. COMPENSATORY TIME OFF FOR CERTAIN NON5 APPROPRIATED FUND EMPLOYEES. 

6 Section 5543 of title 5, United States Code, is 

7 amended by adding at the end the following new sub8 section: 

9 ‘‘(d)(1) The appropriate Secretary may, on request 

10 of an employee of a nonappropriated fund instrumentality 

11 of the Department of Defense or the Coast Guard de12 scribed in section 2105(c), grant such employee compen13 satory time off from duty instead of overtime pay for over14 time work. 

15 ‘‘(2) For purposes of this subsection, the term ‘appro16 priate Secretary’ means— 

17 ‘‘(A) with respect to an employee of a non18 appropriated fund instrumentality of the Depart19 ment of Defense, the Secretary of Defense; and 

20 ‘‘(B) with respect to an employee of a non21 appropriated fund instrumentality of the Coast 

22 Guard, the Secretary of the Executive department in 

23 which it is operating.’’. 
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1 Subtitle F—Other Matters 

2 SEC. 671. INCLUSION OF SENIOR ENLISTED ADVISOR FOR 

3 THE CHAIRMAN OF THE JOINT CHIEFS OF 

4 STAFF AMONG SENIOR ENLISTED MEMBERS 

5 OF THE ARMED FORCES. 

6 (a) BASIC PAY RATE.— 

7 (1) EQUAL TREATMENT.—The rate of basic pay 

8 for an enlisted member in the grade E–9 while serv9 ing as Senior Enlisted Advisor for the Chairman of 

10 the Joint Chiefs of Staff shall be the same as the 

11 rate of basic pay for an enlisted member in that 

12 grade while serving as Sergeant Major of the Army, 

13 Master Chief Petty Officer of the Navy, Chief Mas14 ter Sergeant of the Air Force, Sergeant Major of the 

15 Marine Corps, or Master Chief Petty Officer of the 

16 Coast Guard, regardless of cumulative years of serv17 ice computed under section 205 of title 37, United 

18 States Code. 

19 (2) EFFECTIVE DATE.—Paragraph (1) shall 

20 apply beginning on the date on which an enlisted 

21 member of the Armed Forces is first appointed to 

22 serve as Senior Enlisted Advisor for the Chairman 

23 of the Joint Chiefs of Staff. 

24 (b) PAY DURING TERMINAL LEAVE OR WHILE HOS25 PITALIZED.—Section 210(c) of title 37, United States 
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1 Code, is amended by adding at the end the following new 

2 paragraph: 

3 ‘‘(6) The Senior Enlisted Advisor for the Chair4 man of the Joint Chiefs of Staff.’’. 

5 (c) PERSONAL MONEY ALLOWANCE.—Section 414(c) 

6 of such title is amended— 

7 (1) by striking ‘‘or’’ after ‘‘Sergeant Major of 

8 the Marine Corps,’’; and 

9 (2) by inserting before the period at the end the 

10 following: ‘‘, or the Senior Enlisted Advisor for the 

11 Chairman of the Joint Chiefs of Staff’’. 

12 (d) RETIRED PAY BASE.—Section 1406(i)(3)(B) of 

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

14 end the following new clause: 

15 ‘‘(vi) Senior Enlisted Advisor for the 

16 Chairman of the Joint Chiefs of Staff.’’. 

17 SEC. 672. SPECIAL AND INCENTIVE PAYS CONSIDERED FOR 

18 SAVED PAY UPON APPOINTMENT OF MEM19 BERS AS OFFICERS. 

20 (a) INCLUSION AND EXCLUSION OF CERTAIN PAY

21 TYPES.—Subsection (d) of section 907 of title 37, United 

22 States Code, is amended to read as follows: 

23 ‘‘(d)(1) In determining the amount of the pay and 

24 allowances of a grade formerly held by an officer, the fol25 lowing special and incentive pays may be considered only 
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1 so long as the officer continues to perform the duty that 

2 creates the entitlement to, or eligibility for, that pay and 

3 would otherwise be eligible to receive that pay in the 

4 former grade: 

5 ‘‘(A) Incentive pay for hazardous duty under 

6 section 301 of this title. 

7 ‘‘(B) Submarine duty incentive pay under sec8 tion 301c of this title. 

9 ‘‘(C) Special pay for diving duty under section 

10 304 of this title. 

11 ‘‘(D) Hardship duty pay under section 305 of 

12 this title. 

13 ‘‘(E) Career sea pay under section 305a of this 

14 title. 

15 ‘‘(F) Special pay for service as a member of a 

16 Weapons of Mass Destruction Civil Support Team 

17 under section 305b of this title. 

18 ‘‘(G) Assignment incentive pay under section 

19 307a of this title. 

20 ‘‘(H) Special pay for duty subject to hostile fire 

21 or imminent danger under section 310 of this title. 

22 ‘‘(I) Special pay or bonus for an extension of 

23 duty at a designated overseas location under section 

24 314 of this title. 
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1 ‘‘(J) Foreign language proficiency pay under 

2 section 316 of this title. 

3 ‘‘(K) Critical skill retention bonus under section 

4 323 of this title. 

5 ‘‘(2) The following special and incentive pays are de6 pendent on a member being in an enlisted status and may 

7 not be considered in determining the amount of the pay 

8 and allowances of a grade formerly held by an officer: 

9 ‘‘(A) Special duty assignment pay under section 

10 307 of this title. 

11 ‘‘(B) Reenlistment bonus under section 308 of 

12 this title. 

13 ‘‘(C) Enlistment bonus under section 309 of 

14 this title. 

15 ‘‘(D) Reenlistment bonus for nuclear-trained 

16 and qualified enlisted members under section 312a 

17 of this title. 

18 ‘‘(E) Career enlisted flyer incentive pay under 

19 section 320 of this title.’’. 

20 (b) STYLISTIC AMENDMENTS.—Such section is fur21 ther amended— 

22 (1) in subsections (a) and (b)— 

23 (A) by striking ‘‘he’’ each place it appears 

24 and inserting ‘‘the officer’’; and 
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1 (B) by striking ‘‘his appointment’’ each 

2 place it appears and inserting ‘‘the appoint3 ment’’; 

4 (2) in subsection (c)(2), by striking ‘‘he’’ and 

5 inserting ‘‘the officer’’. 

6 SEC. 673. REPAYMENT OF UNEARNED PORTION OF BO7 NUSES, SPECIAL PAYS, AND EDUCATIONAL 

8 BENEFITS. 

9 (a) REPAYMENT OF UNEARNED PORTION OF BO10 NUSES AND OTHER BENEFITS.— 

11 (1) UNIFORM REPAYMENT PROVISION.—Section 

12 303a of title 37, United States Code, is amended by 

13 adding at the end the following new subsection: 

14 ‘‘(e) REPAYMENT OF UNEARNED PORTION OF BO15 NUSES AND OTHER BENEFITS WHEN CONDITIONS OF

16 PAYMENT NOT MET.—(1) A member of the uniformed 

17 services who receives a bonus or similar benefit and whose 

18 receipt of the bonus or similar benefit is subject to the 

19 condition that the member continue to satisfy certain eligi20 bility requirements shall repay to the United States an 

21 amount equal to the unearned portion of the bonus or 

22 similar benefit if the member fails to satisfy the require23 ments, except in certain circumstances authorized by the 

24 Secretary concerned. 
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1 ‘‘(2) The Secretary concerned may establish, by regu2 lations, procedures for determining the amount of the re3 payment required under this subsection and the cir4 cumstances under which an exception to the required re5 payment may be granted. The Secretary concerned may 

6 specify in the regulations the conditions under which an 

7 installment payment of a bonus or similar benefit to be 

8 paid to a member of the uniformed services will not be 

9 made if the member no longer satisfies the eligibility re10 quirements for the bonus or similar benefit. For the mili11 tary departments, this subsection shall be administered 

12 under regulations prescribed by the Secretary of Defense. 

13 ‘‘(3) An obligation to repay the United States under 

14 this subsection is, for all purposes, a debt owed the United 

15 States. A discharge in bankruptcy under title 11 does not 

16 discharge a person from such debt if the discharge order 

17 is entered less than five years after— 

18 ‘‘(A) the date of the termination of the agree19 ment or contract on which the debt is based; or 

20 ‘‘(B) in the absence of such an agreement or 

21 contract, the date of the termination of the service 

22 on which the debt is based. 

23 ‘‘(4) In this subsection: 

24 ‘‘(A) The term ‘bonus or similar benefit’ means 

25 a bonus, incentive pay, special pay, or similar pay-
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1 ment, or an educational benefit or stipend, paid to 

2 a member of the uniformed services under a provi3 sion of law that refers to the repayment require4 ments of this subsection. 

5 ‘‘(B) The term ‘service’, as used in paragraph 

6 (3)(B), refers to an obligation willingly undertaken 

7 by a member of the uniformed services, in exchange 

8 for a bonus or similar benefit offered by the Sec9 retary of Defense or the Secretary concerned— 

10 ‘‘(i) to remain on active duty or in an ac11 tive status in a reserve component; 

12 ‘‘(ii) to perform duty in a specified skill, 

13 with or without a specified qualification or cre14 dential; 

15 ‘‘(iii) to perform duty at a specified loca16 tion; or 

17 ‘‘(iv) to perform duty for a specified period 

18 of time.’’. 

19 (2) APPLICABILITY TO TITLE 11 CASES.—In the 

20 case of a provision of law amended by subsection 

21 (b), (c), or (d) of this section, paragraph (3) of sub22 section (a) of section 303a of title 37, United States 

23 Code, as added by this subsection, shall apply to any 

24 case commenced under title 11 after March 30, 

25 2006. 
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1 (b) CONFORMING AMENDMENTS TO TITLE 37.— 

2 (1) AVIATION CAREER OFFICER RETENTION

3 BONUS.—Subsection (g) of section 301b of title 37, 

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

5 ‘‘(g) REPAYMENT.—An officer who does not complete 

6 the period of active duty specified in the agreement en7 tered into under subsection (a) shall be subject to the re8 payment provisions of section 303a(e) of this title.’’. 

9 (2) MEDICAL OFFICER MULTIYEAR RETENTION

10 BONUS.—Subsection (c) of section 301d of such title 

11 is amended to read as follows: 

12 ‘‘(c) REPAYMENT.—An officer who does not complete 

13 the period of active duty specified in the agreement en14 tered into under subsection (a) shall be subject to the re15 payment provisions of section 303a(e) of this title.’’. 

16 (3) DENTAL OFFICER MULTIYEAR RETENTION

17 BONUS.—Subsection (d) of section 301e of such title 

18 is amended to read as follows: 

19 ‘‘(d) REPAYMENT.—An officer who does not complete 

20 the period of active duty specified in the agreement en21 tered into under subsection (a) shall be subject to the re22 payment provisions of section 303a(e) of this title.’’. 

23 (4) MEDICAL OFFICER SPECIAL PAY.—Section 

24 302 of such title is amended— 
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1 (A) in subsection (c)(2), by striking the 

2 last sentence and inserting the following new 

3 sentence: ‘‘If such entitlement is terminated, 

4 the officer concerned shall be subject to the re5 payment provisions of section 303a(e) of this 

6 title.’’; and 

7 (B) by striking subsection (f) and inserting 

8 the following new subsection: 

9 ‘‘(f) REPAYMENT.—An officer who does not complete 

10 the period for which the payment was made under sub11 section (a)(4) or subsection (b)(1) shall be subject to the 

12 repayment provisions of section 303a(e) of this title.’’. 

13 (5) OPTOMETRIST RETENTION SPECIAL PAY.— 

14 Paragraph (4) of section 302a(b) of such title is 

15 amended to read as follows: 

16 ‘‘(4) The Secretary concerned may terminate at any 

17 time the eligibility of an officer to receive retention special 

18 pay under paragraph (1). An officer who does not com19 plete the period for which the payment was made under 

20 paragraph (1) shall be subject to the repayment provisions 

21 of section 303a(e) of this title.’’. 

22 (6) DENTAL OFFICER SPECIAL PAY.—Section 

23 302b of such title is amended— 

24 (A) in subsection (b)(2), by striking the 

25 second sentence; 
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1 (B) by striking subsection (e) and insert2 ing the following new subsection: 

3 ‘‘(e) REPAYMENT.—An officer who does not complete 

4 the period of active duty for which the payment was made 

5 under subsection (a)(4) shall be subject to the repayment 

6 provisions of section 303a(e) of this title.’’; 

7 (C) by striking subsection (f); and 

8 (D) by redesignating subsections (g) and 

9 (h) as subsections (f) and (g), respectively. 

10 (7) ACCESSION BONUS FOR REGISTERED

11 NURSES.—Subsection (d) of section 302d of such 

12 title is amended to read as follows: 

13 ‘‘(d) An officer who does not become and remain li14 censed as a registered nurse during the period for which 

15 the payment is made, or who does not complete the period 

16 of active duty specified in the agreement entered into 

17 under subsection (a) shall be subject to the repayment 

18 provisions of section 303a(e) of this title.’’. 

19 (8) NURSE ANESTHETIST SPECIAL PAY.—Sec20 tion 302e of such title is amended— 

21 (A) in subsection (c), by striking the last 

22 sentence; and 

23 (B) by striking subsection (e) and insert24 ing the following new subsection: 
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1 ‘‘(e) An officer who does not complete the period of 

2 active duty specified in the agreement entered into under 

3 subsection (a) shall be subject to the repayment provisions 

4 of section 303a(e) of this title.’’. 

5 (9) RESERVE, RECALLED OR RETAINED

6 HEALTH CARE OFFICERS SPECIAL PAY.—Subsection 

7 (c) of section 302f of such title is amended by strik8 ing ‘‘refund’’ and inserting ‘‘repay.’’. 

9 (10) SELECTED RESERVE HEALTH CARE PRO10 FESSIONALS IN CRITICALLY SHORT WARTIME SPE11 CIALTIES SPECIAL PAY.—Section 302g of such title 

12 is amended— 

13 (A) by striking subsections (d) and (e); 

14 (B) by inserting after subsection (c) the 

15 following new subsection (d): 

16 ‘‘(d) REPAYMENT.—An officer who does not complete 

17 the period of service in the Selected Reserve specified in 

18 the agreement entered into under subsection (a) shall be 

19 subject to the repayment provisions of section 303a(e) of 

20 this title.’’; and 

21 (C) by redesignating subsection (f) as sub22 section (e). 

23 (11) ACCESSION BONUS FOR DENTAL OFFI24 CERS.—Subsection (d) of section 302h of such title 

25 is amended to read as follows: 
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1 ‘‘(d) A person after signing a written agreement who 

2 thereafter is not commissioned as an officer of the armed 

3 forces, or does not become licensed as a dentist, or does 

4 not complete the period of active duty specified in the 

5 agreement entered into under subsection (a) shall be sub6 ject to the repayment provisions of section 303a(e) of this 

7 title.’’. 

8 (12) ACCESSION BONUS FOR PHARMACY OFFI9 CERS.—Subsection (e) of section 302j of such title 

10 is amended to read as follows: 

11 ‘‘(e) A person after signing a written agreement who 

12 thereafter is not commissioned as an officer of the armed 

13 forces, or does not become and remain certified or licensed 

14 as a pharmacist, or does not complete the period of active 

15 duty specified in the agreement entered into under sub16 section (a) shall be subject to the repayment provisions 

17 of section 303a(e) of this title.’’. 

18 (13) REENLISTMENT BONUS FOR ACTIVE MEM19 BERS.—Subsection (d) of section 308 of such title is 

20 amended to read as follows: 

21 ‘‘(d) REPAYMENT.—A member who does not com22 plete the term of enlistment for which a bonus was paid 

23 to the member under this section, or a member who is 

24 not technically qualified in the skill for which a bonus was 

25 paid to the member under this section, shall be subject 
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1 to the repayment provisions of section 303a(e) of this 

2 title.’’. 

3 (14) REENLISTMENT BONUS FOR SELECTED

4 RESERVE.—Subsection (d) of section 308b of such 

5 title is amended to read as follows: 

6 ‘‘(d) A member who does not complete the term of 

7 enlistment in the element of the Selected Reserve for 

8 which the bonus was paid to the member under this sec9 tion shall be subject to the repayment provisions of section 

10 303a(e) of this title.’’. 

11 (15) READY RESERVE ENLISTMENT BONUS.— 

12 Section 308g of such title is amended— 

13 (A) by striking subsection (d) and insert14 ing the following new subsection: 

15 ‘‘(d) REPAYMENT.—A person who does not serve sat16 isfactorily in the element of the Ready Reserve in the com17 bat or combat support skill for the period for which the 

18 bonus was paid under this section shall be subject to the 

19 repayment provisions of section 303a(e) of this title.’’; 

20 (B) by striking subsections (e) and (f); and 

21 (C) by redesignating subsections (g) and 

22 (h) as subsections (e) and (f), respectively. 

23 (16) READY RESERVE REENLISTMENT, ENLIST24 MENT, AND VOLUNTARY EXTENSION OF ENLIST-
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1 MENT BONUS.—Section 308h of such title is amend2 ed— 

3 (A) by striking subsection (c) and inserting 

4 the following new subsection: 

5 ‘‘(c) REPAYMENT.—A person who does not complete 

6 the period of enlistment or extension of enlistment for 

7 which the bonus was paid under this section shall be sub8 ject to the repayment provisions of section 303a(e) of this 

9 title.’’; 

10 (B) by striking subsections (d) and (e); 

11 and 

12 (C) by redesignating subsections (f) and 

13 (g) as subsections (d) and (e), respectively. 

14 (17) PRIOR SERVICE ENLISTMENT BONUS.— 

15 Subsection (d) of section 308i of such title is amend16 ed to read as follows: 

17 ‘‘(d) A person who receives a bonus payment under 

18 this section and who, during the period for which the 

19 bonus was paid, does not serve satisfactorily in the ele20 ment of the Selected Reserve with respect to which the 

21 bonus was paid shall be subject to the repayment provi22 sions of section 303a(e) of this title.’’. 

23 (18) ENLISTMENT BONUS.—Subsection (b) of 

24 section 309 of such title is amended to read as fol25 lows: 
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1 ‘‘(b) A member who does not complete the term of 

2 enlistment for which a bonus was paid to the member 

3 under this section, or a member who is not technically 

4 qualified in the skill for which a bonus was paid to the 

5 member under this section, shall be subject to the repay6 ment provisions of section 303a(e) of this title.’’. 

7 (19) SPECIAL PAY FOR NUCLEAR-QUALIFIED

8 OFFICERS EXTENDING ACTIVE DUTY.—Subsection 

9 (b) of section 312 of such title is amended to read 

10 as follows: 

11 ‘‘(b) REPAYMENT.—An officer who does not complete 

12 the period of active duty in connection with the super13 vision, operation, and maintenance of naval nuclear pro14 pulsion plants that the officer agreed to serve, and for 

15 which a payment was made under subsection (a)(3) or 

16 subsection (d)(1), shall be subject to the repayment provi17 sions of section 303a(e) of this title.’’. 

18 (20) NUCLEAR CAREER ACCESSION BONUS.— 

19 Paragraph (2) of section 312b(a) of such title is 

20 amended to read as follows: 

21 ‘‘(2) An officer who does not commence or complete 

22 satisfactorily the nuclear power training specified in the 

23 agreement under paragraph (1) shall be subject to the re24 payment provisions of section 303a(e) of this title.’’. 
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1 (21) ENLISTED MEMBERS EXTENDING DUTY AT

2 DESIGNATED LOCATIONS OVERSEAS.—Subsection (d) 

3 of section 314 of such title is amended to read as 

4 follows: 

5 ‘‘(d) A member who, having entered into a written 

6 agreement to extend a tour of duty for a period under 

7 subsection (a), receives a bonus payment under subsection 

8 (b)(2) for a 12-month period covered by the agreement 

9 and ceases during that 12-month period to perform the 

10 agreed tour of duty shall be subject to the repayment pro11 visions of section 303a(e) of this title.’’. 

12 (22) ENGINEERING AND SCIENTIFIC CAREER

13 CONTINUATION PAY.—Subsection (c) of section 315 

14 of such title is amended to read as follows: 

15 ‘‘(c) An officer who, having entered into a written 

16 agreement under subsection (b) and having received all or 

17 part of a bonus under this section, does not complete the 

18 period of active duty as specified in the agreement shall 

19 be subject to the repayment provisions of section 303a(e) 

20 of this title.’’. 

21 (23) CRITICAL ACQUISITION POSITIONS.—Sub22 section (f) of section 317 of such title is amended 

23 to read as follows: 

24 ‘‘(c) An officer who, having entered into a written 

25 agreement under subsection (a) and having received all or 
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1 part of a bonus under this section, does not complete the 

2 period of active duty as specified in the agreement shall 

3 be subject to the repayment provisions of section 303a(e) 

4 of this title.’’. 

5 (24) SPECIAL WARFARE OFFICERS EXTENDING

6 PERIOD OF ACTIVE DUTY.—Subsection (h) of section 

7 318 of such title is amended to read as follows: 

8 ‘‘(h) An officer who, having entered into a written 

9 agreement under subsection (b) and having received all or 

10 part of a bonus under this section, does not complete the 

11 period of active duty in special warfare service as specified 

12 in the agreement shall be subject to the repayment provi13 sions of section 303a(e) of this title.’’. 

14 (25) SURFACE WARFARE OFFICERS EXTENDING

15 PERIOD OF ACTIVE DUTY.—Subsection (f) of section 

16 319 of such title is amended to read as follows: 

17 ‘‘(f) An officer who, having entered into a written 

18 agreement under subsection (b) and having received all or 

19 part of a bonus under this section, does not complete the 

20 period of active duty as a department head on a surface 

21 vessel specified in the agreement, shall be subject to the 

22 repayment provisions of section 303a(e) of this title.’’. 

23 (26) JUDGE ADVOCATE CONTINUATION PAY.— 

24 Subsection (f) of section 321 of such title is amend25 ed to read as follows: 
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1 ‘‘(f) An officer who has entered into a written agree2 ment under subsection (b) and has received all or part 

3 of the amount payable under the agreement but who does 

4 not complete the total period of active duty specified in 

5 the agreement, shall be subject to the repayment provi6 sions of section 303a(e) of this title.’’. 

7 (27) 15-YEAR CAREER STATUS BONUS.—Sub8 section (f) of section 322 of such title is amended 

9 to read as follows: 

10 ‘‘(f) If a person paid a bonus under this section does 

11 not complete a period of active duty beginning on the date 

12 on which the election of the person under paragraph (1) 

13 of subsection (a) is received and ending on the date on 

14 which the person completes 20 years of active duty service 

15 as described in paragraph (2) of such subsection, the per16 son shall be subject to the repayment provisions of section 

17 303a(e) of this title.’’. 

18 (28) ACCESSION BONUS FOR NEW OFFICERS IN

19 CRITICAL SKILLS.—Subsection (g) of section 324 of 

20 such title, as redesignated by section 628(a)(1), is 

21 amended to read as follows: 

22 ‘‘(g) REPAYMENT.—An individual who, having re23 ceived all or part of the bonus under an agreement re24 ferred to in subsection (a), is not thereafter commissioned 

25 as an officer or does not commence or does not complete 
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1 the total period of active duty service specified in the 

2 agreement shall be subject to the repayment provisions of 

3 section 303a(e) of this title.’’. 

4 (29) SAVINGS PLAN FOR EDUCATION EXPENSES

5 AND OTHER CONTINGENCIES.—Subsection (g) of 

6 section 325 of such title is amended to read as fol7 lows: 

8 ‘‘(g) REPAYMENT.—If a person does not complete the 

9 qualifying service for which the person is obligated under 

10 a commitment for which a benefit has been paid under 

11 this section, the person shall be subject to the repayment 

12 provisions of section 303a(e) of this title.’’. 

13 (30) INCENTIVE BONUS FOR CONVERSION TO

14 MILITARY OCCUPATIONAL SPECIALTY.—Subsection 

15 (e) of section 326 of such title is amended to read 

16 as follows: 

17 ‘‘(e) REPAYMENT.—A member who does not convert 

18 to and complete the period of service in the military occu19 pational specialty specified in the agreement executed 

20 under subsection (a) shall be subject to the repayment 

21 provisions of section 303a(e) of this title.’’. 

22 (c) CONFORMING AMENDMENTS TO TITLE 10.— 

23 (1) ENLISTMENT INCENTIVES FOR PURSUIT OF

24 SKILLS TO FACILITATE NATIONAL SERVICE.—Sub-
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1 section (i) of section 510 of title 10, United States 

2 Code, is amended to read as follows: 

3 ‘‘(i) If a National Call to Service participant who has 

4 entered into an agreement under subsection (b) and re5 ceived or benefitted from an incentive under paragraph (1) 

6 or (2) of subsection (e) fails to complete the total period 

7 of service specified in such agreement, the National Call 

8 to Service participant shall be subject to the repayment 

9 provisions of section 303a(e) of title 37.’’. 

10 (2) ADVANCED EDUCATION ASSISTANCE.—Sec11 tion 2005 of such title is amended— 

12 (A) in subsection (a), by striking para13 graph (3) and inserting the following new para14 graph: 

15 ‘‘(3) that if such person does not complete the 

16 period of active duty specified in the agreement, or 

17 does not fulfill any term or condition prescribed pur18 suant to paragraph (4), such person shall be subject 

19 to the repayment provisions of section 303a(e) of 

20 title 37.’’; 

21 (B) by striking subsections (c), (d), (f), (g) 

22 and (h); 

23 (C) by redesignating subsection (e) as sub24 section (c); and 
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1 (D) by inserting after subsection (c), as so 

2 redesignated, the following new subsection: 

3 ‘‘(d) As a condition of the Secretary concerned pro4 viding financial assistance under section 2107 or 2107a 

5 of this title to any person, the Secretary concerned shall 

6 require that the person enter into the agreement described 

7 in subsection (a). In addition to the requirements of para8 graphs (1) through (4) of such subsections (a), the agree9 ment shall specify that, if the person does not complete 

10 the education requirements specified in the agreement or 

11 does not fulfill any term or condition prescribed pursuant 

12 to paragraph (4) of such subsection, the person shall be 

13 subject to the repayment provisions of section 303a(e) of 

14 title 37 without the Secretary first ordering such person 

15 to active duty as provided for under subsection (a)(2) and 

16 sections 2107(f) and 2107a(f) of this title.’’. 

17 (3) TUITION FOR OFF-DUTY TRAINING OR EDU18 CATION.—Section 2007 of such title is amended by 

19 adding at the end the following new subsection: 

20 ‘‘(f) REPAYMENT.—If such person does not complete 

21 the period of active duty specified in the agreement under 

22 subsection (b), the person shall be subject to the repay23 ment provisions of section 303a(e) of title 37.’’. 
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1 (4) FAILURE TO COMPLETE ADVANCED TRAIN2 ING OR TO ACCEPT COMMISSION.—Section 2105 of 

3 such title is amended— 

4 (A) by striking ‘‘A member’’ and inserting 

5 ‘‘(a) A member’’; and 

6 (B) by adding at the end the following new 

7 subsection: 

8 ‘‘(b) If such person does not complete the period of 

9 active duty specified under subsection (a), the person shall 

10 be subject to the repayment provisions of section 303a(e) 

11 of title 37.’’. 

12 (5) FINANCIAL ASSISTANCE PROGRAM FOR SPE13 CIALLY SELECTED MEMBERS.—Section 2107 of such 

14 title is amended by adding at the end the following 

15 new subsection: 

16 ‘‘(j) REPAYMENT.—A person who, after signing a 

17 written agreement under this section, is not commissioned 

18 as an officer or does not complete the period of service 

19 as specified in subsection (b), (f) or (h)(2) shall be subject 

20 to the repayment provisions of section 303a(e) of title 

21 37.’’. 

22 (6) HEALTH PROFESSIONS SCHOLARSHIP AND

23 FINANCIAL ASSISTANCE PROGRAM FOR ACTIVE SERV24 ICE.—Subparagraph (C) of section 2123(e)(1) of 

25 such title is amended to read as follows: 
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1 ‘‘(C) If such person does not complete the pe2 riod of active duty obligation specified under sub3 section (a), such person shall be subject to the re4 payment provisions of section 303a(e) of title 37.’’. 

5 (7) FINANCIAL ASSISTANCE: NURSE OFFICER

6 CANDIDATES.—Subsection (d) of section 2130a of 

7 such title is amended to read as follows: 

8 ‘‘(d) REPAYMENT.—A person who does not complete 

9 a nursing degree program in which the person is enrolled 

10 in accordance with the agreement entered into under sub11 section (a), or having completed the nursing degree pro12 gram, does not become an officer in the Nurse Corps of 

13 the Army or the Navy or an officer designated as a nurse 

14 officer of the Air Force or commissioned corps of the Pub15 lic Health Service or does not complete the period of obli16 gated active service required under the agreement, shall 

17 be subject to the repayment provisions of section 303a(e) 

18 of title 37.’’. 

19 (8) EDUCATION LOAN REPAYMENT PROGRAM.— 

20 Subsection (g) of section 2173 of such title is 

21 amended— 

22 (A) by inserting ‘‘(1)’’ after ‘‘(g)’’; and 

23 (B) by adding at the end the following new 

24 paragraph: 
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1 ‘‘(2) An officer who does not complete the period of 

2 active duty specified in the agreement entered into under 

3 subsection (a)(3), or the alternative obligation under para4 graph (1), shall be subject to the repayment provisions of 

5 section 303a(e) of title 37.’’. 

6 (9) SCHOLARSHIP PROGRAM FOR DEGREE PRO7 GRAM FOR DEGREE OR CERTIFICATION IN INFORMA8 TION ASSURANCE.—Section 2200a of such title is 

9 amended— 

10 (A) by striking subsection (e) and inserting 

11 the following new subsection: 

12 ‘‘(e) REPAYMENT FOR PERIOD OF UNSERVED OBLI13 GATED SERVICE.—(1) A member of an armed force who 

14 does not complete the period of active duty specified in 

15 the service agreement under section (b) shall be subject 

16 to the repayment provisions of section 303a(e) of title 37. 

17 ‘‘(2)(A) A civilian employee of the Department of De18 fense who voluntarily terminates service before the end of 

19 the period of obligated service required under an agree20 ment entered into under subsection (b) shall refund to the 

21 United States an amount determined by the Secretary of 

22 Defense as being appropriate to obtain adequate service 

23 in exchange for financial assistance and otherwise to 

24 achieve the goals set forth in section 2200(a) of this title. 
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1 ‘‘(B) An obligation to reimburse the United States 

2 imposed under this paragraph is for all purposes a debt 

3 owed to the United States. A discharge in bankruptcy 

4 under title 11 that is entered less than five years after 

5 the termination of an agreement under this section does 

6 not discharge the person signing such agreement from a 

7 debt arising under such agreement or under this sub8 section. 

9 ‘‘(C) The Secretary of Defense may waive, in whole 

10 or in part a refund required under this paragraph if the 

11 Secretary determines that recovery would be against eq12 uity and good conscience or would be contrary to the best 

13 interests of the United States.’’. 

14 (B) by striking subsection (f); and 

15 (C) by redesignating subsection (g) as sub16 section (f). 

17 (10) ARMY CADET AGREEMENT TO SERVICE AS

18 OFFICER.—Section 4348 of such title is amended by 

19 adding at the end the following new subsection: 

20 ‘‘(f) A cadet or former cadet who does not fulfill the 

21 terms of the agreement as specified under section (a), or 

22 the alternative obligation under subsection (b), shall be 

23 subject to the repayment provisions of section 303a(e) of 

24 title 37.’’. 
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1 (11) MIDSHIPMEN AGREEMENT FOR LENGTH

2 OF SERVICE.—Section 6959 of such title is amended 

3 by adding at the end the following new subsection: 

4 ‘‘(f) A midshipman or former midshipman who does 

5 not fulfill the terms of the agreement as specified under 

6 section (a), or the alternative obligation under subsection 

7 (b), shall be subject to the repayment provisions of section 

8 303a(e) of title 37.’’. 

9 (12) AIR FORCE CADET AGREEMENT TO SERV10 ICE AS OFFICER.—Section 9348 of such title is 

11 amended by adding at the end the following new 

12 subsection: 

13 ‘‘(f) A cadet or former cadet who does not fulfill the 

14 terms of the agreement as specified under section (a), or 

15 the alternative obligation under subsection (b), shall be 

16 subject to the repayment provisions of section 303a(e) of 

17 title 37.’’. 

18 (13) EDUCATIONAL ASSISTANCE FOR MEMBERS

19 OF SELECTED RESERVE.—Section 16135 of such 

20 title is amended to read as follows: 

21 ‘‘§ 16135. Failure to participate satisfactorily; pen22 alties 

23 ‘‘(a) PENALTIES.—At the option of the Secretary 

24 concerned, a member of the Selected Reserve of an armed 

25 force who does not participate satisfactorily in required 
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1 training as a member of the Selected Reserve during a 

2 term of enlistment or other period of obligated service that 

3 created entitlement of the member to educational assist4 ance under this chapter, and during which the member 

5 has received such assistance, may— 

6 ‘‘(1) be ordered to active duty for a period of 

7 two years or the period of obligated service the per8 son has remaining under section 16132 of this title, 

9 whichever is less; or 

10 ‘‘(2) be subject to the repayment provisions 

11 under section 303a(e) of title 37. 

12 ‘‘(b) EFFECT OF REPAYMENT.—Any repayment 

13 under section 303a(e) of title 37 shall not affect the period 

14 of obligation of a member to serve as a Reserve in the 

15 Selected Reserve.’’. 

16 (14) HEALTH PROFESSIONS STIPEND PROGRAM

17 PENALTIES AND LIMITATIONS.—Subparagraph (B) 

18 of section 16203(a)(1) of such title is amended to 

19 read as follows: 

20 ‘‘(B) shall be subject to the repayment provi21 sions of section 303a(e) of title 37.’’. 

22 (15) COLLEGE TUITION ASSISTANCE PROGRAM

23 FOR MARINE CORPS PLATOON LEADERS CLASS.— 

24 Subsection (f) of section 16401 of such title is 

25 amended— 
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1 (A) in paragraph (1), by striking ‘‘may be 

2 required to repay the full amount of financial 

3 assistance’’ and inserting ‘‘shall be subject to 

4 the repayment provisions of section 303a(e) of 

5 title 37’’; and 

6 (B) by striking paragraph (2) and insert7 ing the following new paragraph: 

8 ‘‘(2) Any requirement to repay any portion of finan9 cial assistance received under this section shall be adminis10 tered under Secretary of Defense regulations issued under 

11 section 303a(e) of title 37. The Secretary of the Navy may 

12 waive the obligations referenced in paragraph (1) in the 

13 case of a person who—’’. 

14 (d) CONFORMING AMENDMENT TO TITLE 14.—Sec15 tion 182 of title 14, United States Code, is amended by 

16 adding at the end the following new subsection: 

17 ‘‘(g) A cadet or former cadet who does not fulfill the 

18 terms of the obligation to serve as specified under section 

19 (b), or the alternative obligation under subsection (c), 

20 shall be subject to the repayment provisions of section 

21 303a(e) of title 37.’’. 

22 (e) CLERICAL AMENDMENTS.— 

23 (1) SECTION HEADING.—The heading of section 

24 303a of title 37, United States Code, is amended to 

25 read as follows: 
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1 ‘‘§ 303a. Special pay: general provisions’’. 

2 (2) CLERICAL AMENDMENT.—The table of sec3 tions at the beginning of chapter 5 of such title is 

4 amended by striking the item relating to section 

5 303a and inserting the following new item: 

‘‘303a. Special pay: general provisions.’’. 

6 (f) CONTINUED APPLICATION OF CURRENT LAW TO

7 EXISTING BONUSES.—In the case of any bonus, incentive 

8 pay, special pay, or similar payment, such as education 

9 assistance or a stipend, which the United States became 

10 obligated to pay before April 1, 2006, under a provision 

11 of law amended by subsection (b), (c), or (d) of this sec12 tion, such provision of law, as in effect on the day before 

13 the date of the enactment of this Act, shall continue to 

14 apply to the payment, or any repayment, of the bonus, 

15 incentive pay, special pay, or similar payment under such 

16 provision of law. 

17 SEC. 674. LEAVE ACCRUAL FOR MEMBERS ASSIGNED TO 

18 DEPLOYABLE SHIPS OR MOBILE UNITS OR TO 

19 OTHER DESIGNATED DUTY. 

20 Subparagraph (B) of section 701(f)(1) of title 10, 

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

22 ‘‘(B) This subsection applies to any of the following: 

23 ‘‘(i) A member who serves on active duty for a 

24 continuous period of at least 120 days in an area in 
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1 which the member is entitled to special pay under 

2 section 310(a) of title 37. 

3 ‘‘(ii) A member who is assigned to — 

4 ‘‘(I) a deployable ship or mobile unit; or 

5 ‘‘(II) other duty that is designated for the 

6 purpose of this subsection.’’. 

7 SEC. 675. ARMY RECRUITING PILOT PROGRAM TO ENCOUR8 AGE MEMBERS OF THE ARMY TO REFER 

9 OTHER PERSONS FOR ENLISTMENT. 

10 (a) REFERRAL BONUS AUTHORIZED.—The Secretary 

11 of the Army may pay a bonus under this section to a mem12 ber of the Army who refers, to an Army recruiter, a person 

13 who has not previously served in an armed force and who, 

14 after such referral, enlists in the Regular Army or the 

15 Army Reserve. The referral may occur when a member 

16 contacts a recruiter on behalf of an interested person or 

17 when the interested person contacts the recruiter and in18 forms the recruiter of the member’s role in initially re19 cruiting the person. 

20 (b) AMOUNT OF BONUS; TIME FOR PAYMENT.—A re21 ferral bonus under this section may not exceed $1,000 and 

22 may not be paid to the member making the referral unless 

23 and until the enlistee completes basic training and indi24 vidual advanced training. The bonus shall be paid in a 

25 lump sum. 
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1 (c) RELATION TO PROHIBITION ON BOUNTIES.—The 

2 referral bonus authorized by this section is not a bounty 

3 for purposes of section 514(a) of title 10, United States 

4 Code. 

5 (d) CERTAIN MEMBERS INELIGIBLE.— 

6 (1) REFERRAL OF IMMEDIATE FAMILY.—A 

7 member may not receive a referral bonus under this 

8 section for the referral of an immediate family mem9 ber. 

10 (2) MEMBERS IN RECRUITING ROLES.—A mem11 ber serving in a recruiting or retention assignment 

12 or assigned to other duties regarding which eligi13 bility for a referral bonus could be perceived as cre14 ating a conflict of interest may not receive a referral 

15 bonus. 

16 (e) LIMITATION ON INITIAL USE OF AUTHORITY.— 

17 During the first year in which referral bonuses are offered 

18 under this section, the Secretary of the Army may not pro19 vide more than 1,000 referral bonuses. 

20 (f) DURATION OF AUTHORITY.—A referral bonus 

21 may not be paid under this section with respect to any 

22 referral made after December 31, 2007. 
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1 SEC. 676. SPECIAL COMPENSATION FOR RESERVE COMPO2 NENT MEMBERS WHO ARE ALSO TOBACCO 

3 FARMERS ADVERSELY AFFECTED BY TERMS 

4 OF TOBACCO QUOTA BUYOUT. 

5 (a) FINDINGS.—Congress finds the following: 

6 (1) The dispute resolution mechanism provided 

7 in section 624(b) of the Fair and Equitable Tobacco 

8 Reform Act of 2004 (7 U.S.C. 518c), which was in9 tended to help tobacco producers in hardship cir10 cumstances, is not likely to provide relief to tobacco 

11 producers who are also members of the reserve com12 ponents of the Armed Forces and were called or or13 dered to active duty for extended deployment. 

14 (2) The special compensation provided under 

15 this section addresses a unique situation and does 

16 not set a precedent for other persons seeking excep17 tions to the eligibility requirements for payments 

18 under such Act. 

19 (b) AVAILABILITY OF COMPENSATION.—Subject to 

20 subsection (c), the Secretary of Defense shall make a pay21 ment under this section to any member of a reserve com22 ponent whose eligibility for a payment under section 623 

23 of the Fair and Equitable Tobacco Reform Act of 2004 

24 (7 U.S.C. 518b) as a producer of quota tobacco was ad25 versely affected, or whose payment amount under such 

26 section was determined using a variable payment rate 
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1 specified in subparagraph (B) or (C) of subsection (d)(3) 

2 of such section, because the member was serving on active 

3 duty under a call or order to active duty for a period of 

4 more than 30 days during any of the tobacco marketing 

5 years specified in subparagraph (A) of such subsection. 

6 (c) RESTRICTION TO MEMBERS WHO ARE LONG7 TIME TOBACCO GROWERS.—To be eligible for a payment 

8 under this section, a member described in subsection (b) 

9 must have been a producer of quota tobacco (as defined 

10 in section 621 of the Fair and Equitable Tobacco Reform 

11 Act of 2004 (7 U.S.C. 518a)) during at least two of the 

12 three tobacco marketing years before the 2002 marketing 

13 year. 

14 (d) AMOUNT OF PAYMENT.—The amount of the pay15 ment required under this section for a member shall be 

16 equal to 70 percent of the difference between— 

17 (1) the amount the member will receive under 

18 section 623 of the Fair and Equitable Tobacco Re19 form Act of 2004; and 

20 (2) the amount that the member would have 

21 likely received under such section had the member 

22 remained a full-time producer of quota tobacco and 

23 not been called or ordered to active duty. 

24 (e) CALCULATION OF PAYMENT AMOUNT.—The Sec25 retary of Defense shall make the calculation required by 
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1 subsection (c) in consultation with the Secretary of Agri2 culture. 

3 SEC. 677. COMPTROLLER GENERAL REPORT REGARDING 

4 COMPENSATION AND BENEFITS FOR RE5 SERVE COMPONENT MEMBERS. 

6 (a) REPORT REQUIRED.—The Comptroller General 

7 shall prepare a report reviewing the terms and elements 

8 of reserve compensation, benefit, and personnel support 

9 programs, including the retirement system. 

10 (b) ELEMENTS OF REPORT.—The report required by 

11 subsection (a) shall address at a minimum the following: 

12 (1) The effectiveness and adequacy of com13 pensation and benefit programs, income protection 

14 for members of the reserve components called to ac15 tive duty, family support programs, health care ac16 cess, and other programs of interest to such mem17 bers. 

18 (2) The need for these programs to be im19 proved, including such recommendations as the 

20 Comptroller General considers appropriate for 

21 achieving needed improvements. 

22 (3) A comparison of these programs to similar 

23 programs conducted for the benefit of regular forces 

24 to determine if the reserve programs are fair and eq25 uitable given the increased contributions by reserve 
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1 component forces to the defense of the United 

2 States. 

3 (4) An examination of the differences in bene4 fits and protections provided to reservists who are 

5 called to serve under different authorities, including 

6 title 10, United States Code, title 32, United States 

7 Code, and State active duty. 

8 (5) The need for benefits and protections to be 

9 made consistent regardless of the authority under 

10 which members of the reserve components are called 

11 to serve, including such recommendations as the 

12 Comptroller General considers appropriate for 

13 achieving that objective. 

14 (c) RELATIONSHIP TO OTHER STUDIES AND RE15 PORTS.—To the extent that an issue required to be ad16 dressed by subsection (b) is also the subject of other stud17 ies or reports being prepared by the Comptroller General, 

18 the Comptroller General may drop the issue from this re19 port to avoid duplication of effort. 

20 (d) SUBMISSION OF REPORT.—The Comptroller Gen21 eral shall submit the report to the congressional defense 

22 committees not later than March 31, 2006. 
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1 SEC. 678. REPORT ON SPACE-AVAILABLE TRAVEL FOR CER2 TAIN DISABLED VETERANS. 

3 Not later than one year after the date of the enact4 ment of this Act, the Secretary of Defense shall submit 

5 to Congress a report on the feasibility of providing trans6 portation on Department of Defense aircraft on a space7 available basis for any veteran with a service-connected 

8 disability rating of 50 percent or higher. The Secretary 

9 of Defense shall prepare the report in consultation with 

10 the Secretary of Veterans Affairs. 

11 TITLE VII—HEALTH CARE 

12 PROVISIONS 

Subtitle A—Tricare Program Improvements 

Sec. 701. Services of mental health counselors. 

Sec. 702. Additional information required by surveys on TRICARE standard. 

Sec. 703. Enhancement of TRICARE coverage for members who commit to 

continued service in the selected reserve. 

Sec. 704. Study and plan relating to chiropractic health care services. 

Sec. 705. Surviving-dependent eligibility under TRICARE dental plan for surviving spouses who were on active duty at time of death of 

military spouse. 

Sec. 706. Exceptional eligibility for TRICARE prime remote. 

Subtitle B—Other Matters 

Sec. 711. Authority to relocate patient safety center; renaming MedTeams Program. 

Sec. 712. Modification of health care quality information and technology enhancement reporting requirement. 

Sec. 713. Correction to eligibility of certain Reserve officers for military health 

care pending active duty following commissioning. 

Sec. 714. Prohibition on conversions of military medical positions to civilian 

medical positions until submission of certification. 

Sec. 715. Clarification of inclusion of dental care in medical readiness tracking 

and health surveillance program. 

Sec. 716. Cooperative outreach to members and former members of the naval 

service exposed to environmental factors related to sarcoidosis. 

Sec. 717. Early identification and treatment of mental health and substance 

abuse disorders. 

Sec. 718. Mental health awareness for dependents. 
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Sec. 719. Study relating to predeployment and postdeployment medical exams 

of certain members of the Armed Forces. 

1 Subtitle A—Tricare Program 

2 Improvements 

3 SEC. 701. SERVICES OF MENTAL HEALTH COUNSELORS. 

4 (a) REIMBURSEMENT OF MENTAL HEALTH COUN5 SELORS UNDER TRICARE.— 

6 (1) REIMBURSEMENT UNDER TRICARE.—Sec7 tion 1079(a)(8) of title 10, United States Code, is 

8 amended— 

9 (A) by inserting ‘‘or licensed or certified 

10 mental health counselors’’ after ‘‘certified mar11 riage and family therapists’’ both places it ap12 pears; and 

13 (B) by inserting ‘‘or licensed or certified 

14 mental health counselors’’ after ‘‘that the thera15 pists.’’ 

16 (2) AUTHORITY TO ASSESS MEDICAL OR PSY17 CHOLOGICAL NECESSITY OF SERVICE OR SUPPLY.— 

18 Section 1079(a)(13) of such title is amended by in19 serting ‘‘, licensed or certified mental health coun20 selor, ’’ after ‘‘certified marriage and family thera21 pist’’. 

22 (b) SERVICES OF MENTAL HEALTH COUNSELORS.— 

23 (1) AUTHORITY TO ENTER INTO PERSONAL

24 SERVICES CONTRACTS.—Section 704(c)(2) of the 
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1 National Defense Authorization Act for Fiscal Year 

2 1995 (Public Law 103–337; 108 Stat. 2799; 10 

3 U.S.C. 1091 note) is amended by inserting ‘‘mental 

4 health counselors,’’ after ‘‘psychologists,’’. 

5 (2) APPLICABILITY OF LICENSURE REQUIRE6 MENT FOR HEALTH-CARE PROFESSIONALS.—Section 

7 1094 (e)(2) of title 10, United States Code, is 

8 amended by inserting ‘‘mental health counselor,’’ 

9 after ‘‘psychologist,’’. 

10 SEC. 702. ADDITIONAL INFORMATION REQUIRED BY SUR11 VEYS ON TRICARE STANDARD. 

12 Section 723(a) of the National Defense Authorization 

13 Act for Fiscal Year 2004 (Public Law 108–136) is amend14 ed by adding at the end the following new paragraph: 

15 ‘‘(4) Surveys required by paragraph (1) shall include 

16 questions seeking to determine from health care providers 

17 the following: 

18 ‘‘(A) Whether the provider is aware of the 

19 TRICARE program. 

20 ‘‘(B) What percentage of the provider’s current 

21 patient population uses any form of TRICARE. 

22 ‘‘(C) Whether the provider accepts patients for 

23 whom payment is made under the medicare program 

24 for health care services. 
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1 ‘‘(D) If the provider accepts patients referred to 

2 in subparagraph (C), whether the provider would ac3 cept additional such patients who are not in the pro4 vider’s current patient population.’’. 

5 SEC. 703. ENHANCEMENT OF TRICARE COVERAGE FOR 

6 MEMBERS WHO COMMIT TO CONTINUED 

7 SERVICE IN THE SELECTED RESERVE. 

8 (a) EXTENSION OF COVERAGE FOR MEMBERS RE9 CALLED TO ACTIVE DUTY.—Section 1076d of title 10, 

10 United States Code, is amended— 

11 (1) in subsection (b), by redesignating para12 graph (3) as paragraph (4) and by inserting after 

13 paragraph (2) the following new paragraph (3): 

14 ‘‘(3) In the case of a member recalled to active duty 

15 before the period of coverage for which the member is eli16 gible under subsection (a) terminates, the period of cov17 erage of the member— 

18 ‘‘(A) resumes after the member completes the 

19 subsequent active duty service (subject to any addi20 tional entitlement to care and benefits under section 

21 1145(a) of this title that is based on the same sub22 sequent active duty service); and 

23 ‘‘(B) increases by any additional period of cov24 erage for which the member is eligible under sub-
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1 section (a) based on the subsequent active duty serv2 ice.’’; 

3 (2) in subsection (b)(2), by striking ‘‘Unless 

4 earlier terminated under paragraph (3)’’ and insert5 ing ‘‘Subject to paragraph (3) and unless earlier ter6 minated under paragraph (4)’’; and 

7 (3) in subsection (f), by adding at the end the 

8 following new paragraph: 

9 ‘‘(3) The term ‘member recalled to active duty’ 

10 means, with respect to a member who is eligible for 

11 coverage under this section based on a period of ac12 tive duty service, a member who is called or ordered 

13 to active duty for an additional period of active duty 

14 subsequent to the period of active duty on which 

15 that eligibility is based.’’. 

16 (b) EXTENSION OF COVERAGE FOR MEMBERS FAC17 ING INVOLUNTARY RETIREMENT.—Section 1076d of such 

18 title is amended in subsection (b)(4), as redesignated by 

19 subsection (a)(1)— 

20 (1) by striking ‘‘Eligibility’’ and inserting ‘‘(A) 

21 Except as provided in subparagraphs (B) and (C), 

22 eligibility’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(B) In the case of a member who is separated from 

25 the Selected Reserve during a period of coverage for which 
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1 the member is eligible under subsection (a) and whose sep2 aration is a qualifying involuntary separation, that period 

3 of coverage shall not terminate on account of the separa4 tion. For purposes of the preceding sentence, a qualifying 

5 involuntary separation is involuntary retirement, involun6 tary transfer to the Retired Reserve, or discharge while 

7 qualified for transfer to the Retired Reserve when required 

8 by law or regulation to be either transferred to the Retired 

9 Reserve or discharged.’’. 

10 (c) CONTINUED ELIGIBILITY FOR MEMBERS IN THE

11 INDIVIDUAL READY RESERVE.—Section 1076d of such 

12 title is amended in subsection (b)(4), as redesignated by 

13 subsection (a)(1), by adding at the end the following: 

14 ‘‘(C) Subparagraph (A) shall not apply in special cir15 cumstances prescribed by the Secretary, including contin16 ued service by a member in the Individual Ready Re17 serve.’’. 

18 (d) SPECIAL RULE FOR MOBILIZED MEMBERS OF IN19 DIVIDUAL READY RESERVE FINDING NO POSITION IN SE20 LECTED RESERVE.—Section 1076d of such title is amend21 ed by adding at the end of subsection (b) (as amended 

22 by this section) the following new paragraph: 

23 ‘‘(5) In the case of a member of the Individual Ready 

24 Reserve who meets the requirements for eligibility for 

25 health benefits under TRICARE Standard under sub-
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1 section (a) except for membership in the Selected Reserve, 

2 the period of coverage under this section may begin not 

3 later than one year after coverage would otherwise begin 

4 under this section had the member been a member of the 

5 Selected Reserve, if the member finds a position in the 

6 Selected Reserve during that one-year period.’’. 

7 (e) ELIGIBILITY OF FAMILY MEMBERS FOR 6 

8 MONTHS FOLLOWING DEATH OF MEMBER.—Section 

9 1076d(c) of such title is amended by adding at the end 

10 the following: ‘‘If a member of a reserve component dies 

11 while in a period of coverage under this section, the eligi12 bility of the members of the immediate family of such 

13 member for TRICARE Standard coverage shall continue 

14 for six months beyond the date of death of the member.’’ 

15 (f) OTHER AMENDMENTS.—Section 1076d of such 

16 title is amended— 

17 (1) in subsection (a)(2), by striking ‘‘on or be18 fore the date of the release’’ and inserting ‘‘not later 

19 than 120 days after release’’; and 

20 (2) by amending subsection (f)(2) to read as 

21 follows: 

22 ‘‘(2) The term ‘TRICARE Standard’ means— 

23 ‘‘(A) medical care to which a dependent 

24 described in section 1076(a)(2) of this title is 

25 entitled; and 
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1 ‘‘(B) health benefits contracted for under 

2 the authority of section 1079(a) of this title and 

3 subject to the same rates and conditions as 

4 apply to persons covered under that section.’’. 

5 SEC. 704. STUDY AND PLAN RELATING TO CHIROPRACTIC 

6 HEALTH CARE SERVICES. 

7 (a) STUDY REQUIRED.— 

8 (1) GROUPS COVERED.—The Secretary of De9 fense shall conduct a study of providing chiropractic 

10 health care services and benefits to the following 

11 groups: 

12 (A) All members of the uniformed services 

13 on active duty and entitled to care under sec14 tion 1074(a) of title 10, United States Code. 

15 (B) All members described in subpara16 graph (A) and their eligible dependents, and all 

17 members of reserve components of the uni18 formed services and their eligible dependents. 

19 (C) All members or former members of the 

20 uniformed services who are entitled to retired or 

21 retainer pay or equivalent pay and their eligible 

22 dependents. 

23 (2) MATTERS EXAMINED.—For each group list24 ed in subparagraphs (A), (B), and (C), the study 
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1 shall examine the following with respect to chiro2 practic health care services and benefits: 

3 (A) The cost of providing such services and 

4 benefits. 

5 (B) The feasibility of providing such serv6 ices and benefits. 

7 (C) An assessment of the health care bene8 fits of providing such services and benefits. 

9 (D) An estimate of the potential cost sav10 ings of providing such services and benefits in 

11 lieu of other medical services. 

12 (3) SPACE AVAILABLE COSTS.—The study shall 

13 also include a detailed analysis of the projected costs 

14 of providing chiropractic health care services on a 

15 space available basis in the military treatment facili16 ties currently providing chiropractic care under sec17 tion 702 of the Floyd D. Spence National Defense 

18 Authorization Act of Fiscal Year 2001 (as enacted 

19 by Public Law 106–398; 10 U.S.C. 1092 note). 

20 (4) ELIGIBLE DEPENDENTS DEFINED.—In this 

21 section, the term ‘‘eligible dependent’’ has the mean22 ing given that term in section 1076a(k) of title 10, 

23 United States Code. 

24 (b) PLAN REQUIRED.—Not later than March 31, 

25 2006, the Secretary of Defense shall revise the plan re-
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1 quired under section 702 of the Floyd D. Spence National 

2 Defense Authorization Act of Fiscal Year 2001 (as en3 acted by Public Law 106–398; 10 U.S.C. 1092 note), in4 cluding a detailed analysis of the projected costs, to pro5 vide chiropractic health care services and benefits as a per6 manent part of the Defense Health Program (including 

7 the TRICARE program) as required under that section. 

8 (c) REPORT REQUIRED.—Not later than March 31, 

9 2006, the Secretary of Defense shall submit a report on 

10 the study required under subsection (a), together with the 

11 plan required under subsection (b), to the Committees on 

12 Armed Services of the Senate and the House of Represent13 atives. 

14 SEC. 705. SURVIVING-DEPENDENT ELIGIBILITY UNDER 

15 TRICARE DENTAL PLAN FOR SURVIVING 

16 SPOUSES WHO WERE ON ACTIVE DUTY AT 

17 TIME OF DEATH OF MILITARY SPOUSE. 

18 Section 1076a(k) of title 10, United States Code, is 

19 amended to read as follows: 

20 ‘‘(k) ELIGIBLE DEPENDENT DEFINED.—(1) In this 

21 section, the term ‘eligible dependent’ means a dependent 

22 described in subparagraph (A), (D), or (I) of section 

23 1072(2) of this title. 

24 ‘‘(2) Such term includes any such dependent of a 

25 member who dies while on active duty for a period of more 
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1 than 30 days or a member of the Ready Reserve if, on 

2 the date of the death of the member, the dependent— 

3 ‘‘(A) is enrolled in a dental benefits plan estab4 lished under subsection (a); or 

5 ‘‘(B) if not enrolled in such a plan on such 

6 date— 

7 ‘‘(i) is not enrolled by reason of a dis8 continuance of a former enrollment under sub9 section (f); or 

10 ‘‘(ii) is not qualified for such enrollment 

11 because— 

12 ‘‘(I) the dependent is a child under 

13 the minimum age for such enrollment; or 

14 ‘‘(II) the dependent is a spouse who is 

15 a member of the armed forces on active 

16 duty for a period of more than 30 days. 

17 ‘‘(3) Such term does not include a dependent by rea18 son of paragraph (2) after the end of the three-year period 

19 beginning on the date of the member’s death.’’. 

20 SEC. 706. EXCEPTIONAL ELIGIBILITY FOR TRICARE PRIME 

21 REMOTE. 

22 Section 1079(p) of title 10, United States Code, is 

23 amended— 

24 (1) by redesignating paragraph (4) as para25 graph (5); and 
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1 (2) by inserting after paragraph (3) the fol2 lowing new paragraph: 

3 ‘‘(4) The Secretary of Defense may provide for 

4 coverage of a dependent referred to in subsection (a) 

5 who is not described in paragraph (3) if the Sec6 retary determines that exceptional circumstances 

7 warrant such coverage.’’. 

8 Subtitle B—Other Matters 

9 SEC. 711. AUTHORITY TO RELOCATE PATIENT SAFETY CEN10 TER; RENAMING MEDTEAMS PROGRAM. 

11 (a) REPEAL OF REQUIREMENT TO LOCATE THE DE12 PARTMENT OF DEFENSE PATIENT SAFETY CENTER

13 WITHIN THE ARMED FORCES INSTITUTE OF PATHOLOGY

14 .—Subsection (c)(3) of section 754 of the Floyd D. Spence 

15 National Defense Authorization Act for Fiscal Year 2001 

16 (Public Law 106–398; 114 Stat. 1654–196) is amended 

17 by striking ‘‘within the Armed Forces Institute of Pathol18 ogy’’. 

19 (b) RENAMING MEDTEAMS PROGRAM.—Subsection 

20 (d) of such section is amended by striking ‘‘MEDTEAMS’’ 

21 in the heading and inserting ‘‘ MEDICAL TEAM TRAIN22 ING’’. 
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1 SEC. 712. MODIFICATION OF HEALTH CARE QUALITY IN2 FORMATION AND TECHNOLOGY ENHANCE3 MENT REPORTING REQUIREMENT. 

4 Section 723(e) of the National Defense Authorization 

5 Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 

6 697) is amended by striking paragraphs (1) through (4) 

7 and inserting the following: 

8 ‘‘(1) Measures of the quality of health care fur9 nished. 

10 ‘‘(2) Population health. 

11 ‘‘(3) Patient safety. 

12 ‘‘(4) Patient satisfaction. 

13 ‘‘(5) The extent of use of evidence-based health 

14 care practices. 

15 ‘‘(6) The effectiveness of biosurveillance in de16 tecting an emerging epidemic.’’. 

17 SEC. 713. CORRECTION TO ELIGIBILITY OF CERTAIN RE18 SERVE OFFICERS FOR MILITARY HEALTH 

19 CARE PENDING ACTIVE DUTY FOLLOWING 

20 COMMISSIONING. 

21 (a) CORRECTION.—Clause (iii) of section 

22 1074(a)(2)(B) of title 10, United States Code, is amended 

23 by inserting before the semicolon the following: ‘‘or the 

24 orders have been issued but the member has not entered 

25 active duty’’. 
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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall take effect as of November 24, 2003, 

3 and as if included in the enactment of paragraph (2) of 

4 section 1074(a) of title 10, United States Code, by section 

5 708 of the National Defense Authorization Act for Fiscal 

6 Year 2004 (Public Law 108–136; 117 Stat. 1530). 

7 SEC. 714. PROHIBITION ON CONVERSIONS OF MILITARY 

8 MEDICAL POSITIONS TO CIVILIAN MEDICAL 

9 POSITIONS UNTIL SUBMISSION OF CERTIFI10 CATION. 

11 (a) PROHIBITION ON CONVERSIONS.—A Secretary of 

12 a military department may not convert any military med13 ical position to a civilian medical position until the Sec14 retary submits to the Committees on Armed Services of 

15 the Senate and the House of Representatives a certifi16 cation that the conversions within that department will not 

17 increase cost or decrease quality of care or access to care. 

18 Such a certification may not be submitted before April 1, 

19 2006. A Secretary submitting such a certification shall in20 clude with the certification a report in writing setting 

21 forth the methodology used by the Secretary in making 

22 the determinations necessary for the certification, includ23 ing the extent to which the Secretary took into consider24 ation the findings of the Comptroller General in the report 

25 under subsection (d). 
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1 (b) REQUIREMENT FOR STUDY.—The Comptroller 

2 General shall conduct a study on the effect of conversions 

3 of military medical positions to civilian medical positions 

4 on the defense health program. 

5 (c) MATTERS COVERED.—The study shall include the 

6 following: 

7 (1) The number of military medical positions, 

8 by grade and specialty, planned for conversion to ci9 vilian medical positions. 

10 (2) The number of military medical positions, 

11 by grade and specialty, converted to civilian medical 

12 positions since October 1, 2004. 

13 (3) The ability of the military health care sys14 tem to fill the civilian medical positions required, by 

15 specialty. 

16 (4) The degree to which access to health care 

17 is affected in both the direct and purchased care sys18 tem, including an assessment of the effects of any 

19 increased shifts in patient load from the direct care 

20 to the purchased care system, or any delays in re21 ceipt of care in either the direct or purchased care 

22 system because of lack of direct care providers. 

23 (5) The degree to which changes in military 

24 manpower requirements affect recruiting and reten25 tion of uniformed medical personnel. 
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1 (6) The effect of the conversions of military 

2 medical positions to civilian medical positions on the 

3 defense health program, including costs associated 

4 with the conversions, with a comparison of the esti5 mated costs versus the actual costs incurred by the 

6 number of conversions since October 1, 2004. 

7 (7) The effectiveness of the conversions in en8 hancing medical readiness, health care efficiency, 

9 productivity, quality, and customer satisfaction. 

10 (d) REPORT.—Not later than March 1, 2006, the 

11 Comptroller General shall submit to the Committees on 

12 Armed Services of the Senate and House of Representa13 tives a report containing the results of the study under 

14 this section. 

15 (e) DEFINITIONS.—In this section: 

16 (1) The term ‘‘military medical position’’ means 

17 a position for the performance of health care func18 tions within the Armed Forces held by a member of 

19 the Armed Forces. 

20 (2) The term ‘‘civilian medical position’’ means 

21 a position for the performance of health care func22 tions within the Department of Defense held by an 

23 employee of the Department or of a contractor of 

24 the Department. 
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1 SEC. 715. CLARIFICATION OF INCLUSION OF DENTAL CARE 

2 IN MEDICAL READINESS TRACKING AND 

3 HEALTH SURVEILLANCE PROGRAM. 

4 (a) INCLUSION OF DENTAL CARE.—Subtitle D of 

5 title VII of the Ronald W. Reagan National Defense Au6 thorization Act for Fiscal Year 2005 (Public Law 108– 

7 375; 10 U.S.C. 1074 note) is amended by adding at the 

8 end the following new section: 

9 ‘‘SEC. 740. INCLUSION OF DENTAL CARE. 

10 ‘‘For purposes of the plan, this title, and the amend11 ments made by this title, references to medical readiness, 

12 health status, and health care shall be considered to in13 clude dental readiness, dental status, and dental care.’’. 

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

15 at the beginning of title VII of such Act and in section 

16 2(b) of such Act are each amended by inserting after the 

17 item relating to section 740 the following: 

‘‘Sec. 740. Inclusion of dental care.’’. 

18 SEC. 716. COOPERATIVE OUTREACH TO MEMBERS AND 

19 FORMER MEMBERS OF THE NAVAL SERVICE 

20 EXPOSED TO ENVIRONMENTAL FACTORS RE21 LATED TO SARCOIDOSIS. 

22 (a) OUTREACH PROGRAM REQUIRED.—The Sec23 retary of the Navy, in coordination with the Secretary of 

24 Veterans Affairs, shall conduct an outreach program to 

25 contact all members and former members of the naval 
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1 service who, in connection with service aboard Navy ships 

2 may have been exposed to aerosolized particles resulting 

3 from the removal of nonskid coating used on those ships. 

4 (b) PURPOSES OF OUTREACH PROGRAM.—The pur5 poses of the outreach program are as follows: 

6 (1) To develop additional data for use in subse7 quent studies aimed at determining a causative link 

8 between sarcoidosis and military service. 

9 (2) To inform members and former members 

10 identified in subsection (a) of the findings of Navy 

11 studies identifying an association between service 

12 aboard certain naval ships and sarcoidosis. 

13 (3) To assist members and former members 

14 identified in subsection (a) in getting medical eval15 uations to help clarify linkages between their disease 

16 and their service aboard Navy ships. 

17 (4) To ensure the Department of Veterans Af18 fairs has data and information for the effective eval19 uation of veterans who may seek care for sarcoid20 osis. 

21 (c) IMPLEMENTATION.—The Secretary of the Navy 

22 shall begin the outreach program not later than six 

23 months after the date of the enactment of this act and 

24 provide to the Committees on Armed Services of the Sen25 ate and the House of Representatives a report on the re-
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1 sults of the outreach programs not later than one year 

2 after beginning the program. 

3 SEC. 717. EARLY IDENTIFICATION AND TREATMENT OF 

4 MENTAL HEALTH AND SUBSTANCE ABUSE 

5 DISORDERS. 

6 (a) AUTHORITY.—The Secretary of Defense may 

7 carry out activities to foster the early identification and 

8 treatment of mental health and substance abuse problems 

9 experienced by members of the Armed Forces, with special 

10 emphasis on members who have served in a theater of 

11 combat operations within the preceding 12 months. 

12 (b) ACTIVITIES.—The activities carried out by the 

13 Secretary under subsection (a) may include the conduct 

14 of a series of campaigns that uses internal mass media 

15 (including radio and television) communications and other 

16 education tools to change attitudes within the Armed 

17 Forces regarding mental health and substance abuse 

18 treatment, with the aim of lessening the stigma associated 

19 with mental health and substance abuse problems and the 

20 treatment of such problems, including the development of 

21 pertinent messaging targeted to— 

22 (1) members of the Armed Forces who may be 

23 experiencing mental health or substance abuse prob24 lems and their family members; 

25 (2) commanders and supervisory personnel; and 
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1 (3) peers of members of the Armed Forces who 

2 may be experiencing mental health or substance 

3 abuse problems or be at risk of such problems. 

4 SEC. 718. MENTAL HEALTH AWARENESS FOR DEPENDENTS. 

5 (a) PROGRAM.—Not later than one year after the 

6 date of the enactment of this Act, the Secretary of Defense 

7 shall develop a program to improve awareness of the avail8 ability of mental health services for, and warning signs 

9 about mental health problems in, dependents of members 

10 of the Armed Forces whose sponsor served or will serve 

11 in a combat theater during the previous or next 60 days. 

12 (b) MATTERS COVERED.—The program developed 

13 under subsection (a) shall be designed to— 

14 (1) increase awareness of mental health services 

15 available to dependents of members of the Armed 

16 Forces on active duty; 

17 (2) increase awareness of mental health services 

18 available to dependents of Reservists and National 

19 Guard members whose sponsors have been activated; 

20 and 

21 (3) increase awareness of mental health issues 

22 that may arise in dependents referred to in para23 graphs (1) and (2) whose sponsor is deployed to a 

24 combat theater. 
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1 (c) COORDINATION.—The Secretary may permit the 

2 Department of Defense to coordinate the program devel3 oped under subsection (a) with an accredited college, uni4 versity, hospital-based, or community-based mental health 

5 center or engage mental health professionals to develop 

6 programs to help implement this section. 

7 (d) AVAILABILITY IN OTHER LANGUAGES.—The Sec8 retary shall evaluate whether effectiveness of the program 

9 developed under subsection (a) would be improved by pro10 viding materials in languages other than English and take 

11 action accordingly 

12 (e) REPORT.—Not later than one year after imple13 mentation of the program developed under subsection (a), 

14 the Secretary shall submit to Congress a report on the 

15 effectiveness of the program, including the extent to which 

16 the program is used by low-English-proficient individuals. 

17 SEC. 719. STUDY RELATING TO PREDEPLOYMENT AND 

18 POSTDEPLOYMENT MEDICAL EXAMS OF CER19 TAIN MEMBERS OF THE ARMED FORCES. 

20 Not later than 120 days after the date of the enact21 ment of this Act, the Secretary of Defense shall conduct 

22 a study of the effectiveness of self-administered surveys 

23 included in predeployment and postdeployment medical 

24 exams of members of the Armed Forces that are carried 
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1 out as part of the medical tracking system required under 

2 section 1074f of title 10, United States Code. 

3 TITLE VIII—ACQUISITION POL4 ICY, ACQUISITION MANAGE5 MENT, AND RELATED MAT6 TERS 

Subtitle A—Provisions Relating to Major Defense Acquisition Programs 

Sec. 801. Requirement for certification by Secretary of Defense before major 

defense acquisition program may proceed to Milestone B. 

Sec. 802. Requirement for analysis of alternatives to major defense acquisition 

programs. 

Sec. 803. Authority for Secretary of Defense to revise baseline for major defense acquisition programs. 

Subtitle B—Acquisition Policy and Management 

Sec. 811. Applicability of statutory executive compensation cap made prospective. 

Sec. 812. Use of commercially available online services for Federal procurement 

of commercial items. 

Sec. 813. Contingency contracting corps. 

Sec. 814. Requirement for contracting operations to be included in interagency 

planning related to stabilization and reconstruction. 

Sec. 815. Statement of policy and report relating to contracting with employers 

of persons with disabilities. 

Sec. 816. Study on Department of Defense contracting with small business concerns owned and controlled by service-disabled veterans. 

Sec. 817. Prohibition on procurement from beneficiaries of foreign subsidies. 

Sec. 818. Buy American requirement for procurements of goods containing 

components. 

Sec. 819. Domestic source restriction for lithium ion cells and batteries. 

Sec. 820. Prohibition on defense contractors requiring licenses or fees for use 

of military likenesses and designations. 

Sec. 820A. Establishment 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. Increased flexibility for designation of critical acquisition positions in 

defense acquisition workforce. 

Sec. 822. Participation by Department of Defense in acquisition workforce 

training fund. 

Sec. 823. Increase in cost accounting standard threshold. 

Sec. 824. Amendments to domestic source requirements relating to clothing 

materials and components covered. 
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Sec. 825. Rapid acquisition authority to respond to defense intelligence community emergencies. 

1 Subtitle A—Provisions Relating to 

2 Major Defense Acquisition Pro3 grams 

4 SEC. 801. REQUIREMENT FOR CERTIFICATION BY SEC5 RETARY OF DEFENSE BEFORE MAJOR DE6 FENSE ACQUISITION PROGRAM MAY PRO7 CEED TO MILESTONE B. 

8 (a) CERTIFICATION REQUIREMENT.—Chapter 139 of 

9 title 10, United States Code, is amended by inserting after 

10 section 2366 the following new section: 

11 ‘‘§ 2366a. Major defense acquisition programs: certifi12 cation required before Milestone B or 

13 Key Decision Point B approval 

14 ‘‘(a) CERTIFICATION.—A major defense acquisition 

15 program may not receive Milestone B approval, or Key 

16 Decision Point B approval in the case of a space program, 

17 until the Secretary of Defense certifies that— 

18 ‘‘(1) the technology in the program has been 

19 demonstrated in a relevant environment; 

20 ‘‘(2) the program demonstrates a high likeli21 hood of accomplishing its intended mission; 

22 ‘‘(3) the program is affordable when consid23 ering the per unit cost and the total acquisition cost 

24 in the context of the total resources available during 
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1 the period covered by the future-years defense pro2 gram submitted during the fiscal year in which the 

3 certification is made; 

4 ‘‘(4) the program is affordable when consid5 ering the ability of the Department of Defense to ac6 complish the program’s mission using alternative 

7 systems; 

8 ‘‘(5) the Joint Requirements Oversight Council 

9 has accomplished its duties with respect to the pro10 gram pursuant to section 181(b) of this title, includ11 ing an analysis of the operational requirements for 

12 the program; and 

13 ‘‘(6) the program complies with all relevant 

14 policies, regulations, and directives of the Depart15 ment of Defense. 

16 ‘‘(b) SUBMISSION TO CONGRESS.—The certification 

17 required under subsection (a) with respect to a major de18 fense acquisition program shall be submitted to the con19 gressional defense committees at least 30 days before ap20 proval of Milestone B or Key Decision Point B. 

21 ‘‘(c) WAIVER FOR NATIONAL SECURITY.—The Sec22 retary may waive the applicability of the certification re23 quirement under subsection (a) to a major defense acquisi24 tion program if the Secretary determines that, but for 

25 such a waiver, the Department would be unable to meet 
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1 national security objectives. Whenever the Secretary 

2 makes such a determination and authorizes such a waiver, 

3 the Secretary shall submit notice of such waiver and of 

4 the Secretary’s determination, and the reasons for the de5 termination, in writing to the congressional defense com6 mittees within 30 days after authorizing the waiver. 

7 ‘‘(d) NONDELEGATION.—The Secretary may not del8 egate the certification requirement under subsection (a) 

9 or the authority to waive such requirement under sub10 section (d). 

11 ‘‘(e) DEFINITIONS.—In this section: 

12 ‘‘(1) The term ‘major defense acquisition pro13 gram’ means a Department of Defense acquisition 

14 program that is a major defense acquisition program 

15 for purposes of section 2430 of this title. 

16 ‘‘(2) The term ‘Milestone B approval’ has the 

17 meaning provided that term in section 2366(e)(7) of 

18 this title. 

19 ‘‘(3) The term ‘Key Decision Point B’ means 

20 the official program initiation of a National Security 

21 Space program of the Department of Defense, which 

22 triggers a formal review to determine maturity of 

23 technology and the program’s readiness to begin the 

24 preliminary system design.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such chapter is amended by inserting 

3 after the item relating to section 2366 the following new 

4 item: 

‘‘2366a. Major defense acquisition programs: certification required before Milestone B approval or Key Decision Point B approval.’’. 

5 SEC. 802. REQUIREMENT FOR ANALYSIS OF ALTERNATIVES 

6 TO MAJOR DEFENSE ACQUISITION PRO7 GRAMS. 

8 (a) ANALYSIS OF ALTERNATIVES REQUIREMENT.— 

9 Chapter 144 of title 10, United States Code, is amended 

10 by inserting after section 2433 the following new section: 

11 ‘‘§ 2433a. Analysis of alternatives 

12 ‘‘(a) REQUIREMENT IF UNIT COSTS EXCEED 15 

13 PERCENT.—If the percentage increase in the program ac14 quisition unit cost or procurement unit cost of a major 

15 defense acquisition program (as determined by the Sec16 retary concerned under section 2433(d)(3) of this title) 

17 exceeds 15 percent, then the Secretary concerned shall ini18 tiate an analysis of alternatives for the major defense ac19 quisition program, in accordance with this section. 

20 ‘‘(b) MATTERS COVERED IN ANALYSIS OF ALTER21 NATIVES.—An analysis of alternatives for a major defense 

22 acquisition program shall include, at a minimum, the fol23 lowing: 
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1 ‘‘(1) Projected cost to complete the program if 

2 current requirements are not modified. 

3 ‘‘(2) Projected cost to complete the program 

4 based on potential modifications to the requirements. 

5 ‘‘(3) Projected cost to complete the program 

6 based on design modifications, enhancements to the 

7 producibility of the program, and manufacturing ef8 ficiencies. 

9 ‘‘(4) Projected cost and capabilities of the pro10 gram that could be delivered within the originally 

11 authorized budget for the program, including any in12 crease or decrease in capability. 

13 ‘‘(5) Projected cost for an alternative system or 

14 capability. 

15 ‘‘(c) COMPLETION AND SUBMISSION TO CON16 GRESS.—With respect to any analysis of alternatives initi17 ated under this section, the Secretary— 

18 ‘‘(1) shall complete the analysis not later than 

19 1 year after the date of initiation; and 

20 ‘‘(2) shall submit the analysis to the congres21 sional defense committees not later than 30 days 

22 after the date of completion.’’. 

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

24 at the beginning of such chapter is amended by adding 

25 at the end the following new item: 

‘‘2433a. Analysis of alternatives.’’. 
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1 SEC. 803. AUTHORITY FOR SECRETARY OF DEFENSE TO RE2 VISE BASELINE FOR MAJOR DEFENSE ACQUI3 SITION PROGRAMS. 

4 (a) AUTHORITY.—Section 2433(e)(2) of title 10, 

5 United States Code, is amended— 

6 (1) by redesignating clauses (i) through (iv) of 

7 subparagraph (A) as subclauses (I) through (IV), re8 spectively; 

9 (2) by redesignating subparagraphs (A) and 

10 (B) as clauses (i) and (ii); and 

11 (3) by inserting after ‘‘the Secretary of Defense 

12 shall’’ the following: ‘‘either (A) return the program 

13 to Milestone B or to Key Decision Point B in the 

14 case of a space system, conduct a re-baseline for the 

15 program under section 2435(d), and notify the con16 gressional defense committees of such return and re17 vision, or (B)’’. 

18 (b) BASELINE DESCRIPTION.—Section 2435(a)(1) of 

19 such title is amended by adding at the end the following: 

20 ‘‘The baseline shall be the baseline used for all purposes 

21 under this chapter.’’. 

22 (c) RE-BASELINE AUTHORIZED.—Section 2435 of 

23 such title is amended— 

24 (1) by redesignating subsection (d) as sub25 section (e); and 
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1 (2) by inserting after subsection (c) the fol2 lowing new subsection: 

3 ‘‘(d) RE-BASELINING.— 

4 ‘‘(1) RE-BASELINE AUTHORIZED.—For pur5 poses of this chapter, a baseline for a major defense 

6 acquisition program may be re-baselined only if a 

7 percentage increase in program acquisition unit cost 

8 or procurement unit cost of the program exceeding 

9 25 percent occurs (as determined by the Secretary 

10 under section 2433(d)). 

11 ‘‘(2) NOTIFICATION TO CONGRESS OF RE-BASE12 LINING.—The Secretary shall notify the congres13 sional defense committees not later than 30 days 

14 after a re-baselining has been conducted for a major 

15 defense acquisition program.’’. 

16 Subtitle B—Acquisition Policy and 

17 Management 

18 SEC. 811. APPLICABILITY OF STATUTORY EXECUTIVE COM19 PENSATION CAP MADE PROSPECTIVE. 

20 (a) PROSPECTIVE APPLICABILITY OF EXECUTIVE

21 COMPENSATION CAP.—Section 808(e)(2) of Public Law 

22 105–85 (41 U.S.C. 435 note; 111 Stat. 1838) is amended 

23 by striking ‘‘before, on,’’ and inserting ‘‘on’’. 
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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall apply as if included in Public Law 

3 105–85 as enacted. 

4 SEC. 812. USE OF COMMERCIALLY AVAILABLE ONLINE 

5 SERVICES FOR FEDERAL PROCUREMENT OF 

6 COMMERCIAL ITEMS. 

7 (a) AMENDMENT TO THE FEDERAL ACQUISITION

8 REGULATION.—Not later than 180 days after the date of 

9 the enactment of this Act, the Federal Acquisition Regula10 tion shall be revised to include provisions that require the 

11 head of an executive agency, to the maximum extent prac12 ticable, to use commercially available online procurement 

13 services to purchase commercial items, including those 

14 procurement services that allow the agency to conduct re15 verse auctions. 

16 (b) REPORT.—Not later than one year after the revi17 sions to the Federal Acquisition Regulation are issued 

18 pursuant to subsection (a), the Administrator for Federal 

19 Procurement Policy shall submit to the Committees on 

20 Governmental Affairs and Homeland Security and on 

21 Armed Services of the Senate and the Committees on Gov22 ernment Reform and on Armed Services of the House of 

23 Representatives a report on the use of commercially avail24 able online procurement services. The report shall in25 clude— 
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1 (1) a list of the executive agencies that have 

2 used commercially available online procurement serv3 ices, and the number of times each has so used such 

4 services; 

5 (2) a list of the types of commercially available 

6 online procurement services used by each executive 

7 agency and the dollar value of the procurements con8 ducted through each type of commercially available 

9 online procurement service; and 

10 (3) the Administrator’s recommendations for 

11 further encouraging the use of commercially avail12 able online procurement services, particularly those 

13 that afford the Federal Government the opportunity 

14 to conduct reverse auctions. 

15 (c) DEFINITIONS.—In this section: 

16 (1) The term ‘‘commercially available online 

17 procurement services’’, with respect to procurement 

18 by executive agencies, includes reverse auctions and 

19 other services accessible on the Internet that allow 

20 executive agencies to purchase commercial items 

21 from electronic catalogs and offerors to bid for deliv22 ery orders of such items. 

23 (2) The term ‘‘reverse auction’’, with respect to 

24 procurement by executive agencies, means a method 

25 of soliciting offers on the Internet for commercial 
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1 items, not including construction-related services, in 

2 which— 

3 (A) firms compete against each other on 

4 the Internet in real time and in an open and 

5 interactive environment; and 

6 (B) each firm’s identity and pricing are 

7 safeguarded. 

8 (3) The term ‘‘Federal Acquisition Regulation’’ 

9 means the single Government-wide procurement reg10 ulation issued in accordance with sections 6 and 25 

11 of the Office of Federal Procurement Policy Act (41 

12 U.S.C. 405 and 421). 

13 (4) The terms ‘‘executive agency’’, ‘‘commercial 

14 item’’, and ‘‘procurement’’ have the meanings pro15 vided those terms in section 4 of the Office of Fed16 eral Procurement Policy Act (41 U.S.C. 403 et 

17 seq.). 

18 SEC. 813. CONTINGENCY CONTRACTING CORPS. 

19 (a) REQUIREMENT TO ESTABLISH CONTINGENCY

20 CONTRACTING CORPS.— 

21 (1) REQUIREMENT.—The Secretary of Defense 

22 shall establish a contingency contracting corps, to be 

23 implemented, subject to the authority, direction, and 

24 control of the Secretary, through a joint policy devel-
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1 oped by the Chairman of the Joint Chiefs of Staff, 

2 in accordance with this section. 

3 (2) HEAD OF CORPS.—The policy shall provide 

4 that the corps shall be directed by a senior commis5 sioned officer with appropriate acquisition experience 

6 and qualifications, who shall report directly to the 

7 commander of the combatant command in whose 

8 area of responsibility the corps is operating when de9 ployed. In the case of more than one operation for 

10 which the corps is deployed, the head of the corps 

11 may delegate command authority, but any officer to 

12 whom the authority is delegated shall report directly 

13 to the commander of the combatant command con14 cerned. 

15 (3) OPERATION OF CORPS.—The policy shall 

16 provide that the contingency contracting corps shall 

17 conduct contingency contracting— 

18 (A) during combat operations and use 

19 rapid acquisition authority to the maximum ex20 tent appropriate; 

21 (B) during post-conflict operations to as22 sist the commander of the combatant command 

23 in meeting urgent contracting requirements; 

24 and 
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1 (C) by using both deployed and non-de2 ployed contingency contracting personnel for 

3 carrying out contingency contracting. 

4 (4) TRAINING OF CORPS.— 

5 (A) The policy developed under paragraph 

6 (1) shall provide for training all contingency 

7 contracting personnel in the use of law, regula8 tions, policies, and directives related to contin9 gency contracting operations, and shall ensure 

10 that the training is maintained for such per11 sonnel even when they are not deployed in a 

12 contingency operation. 

13 (B) The policy shall require the training of 

14 contingency contracting personnel to include in15 struction from a program to be created by the 

16 Defense Acquisition University and inclusion of 

17 contingency contracting personnel in relevant 

18 wargaming and operational planning. 

19 (C) The policy shall require contingency 

20 contracting personnel to remain proficient in 

21 contingency contracting operations during 

22 peacetime and shall allow such personnel to be 

23 used for other acquisition and contracting-re24 lated activities when not required in support of 

25 contingency contracting operations. 
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1 (D) The policy shall provide for the corps 

2 to use integrated contracting, financial, and 

3 other support systems. 

4 (5) REGULATIONS.—The Secretary shall pre5 scribe regulations to carry out this section. The reg6 ulations shall be developed in coordination with the 

7 Under Secretary of Defense for Acquisition, Tech8 nology, and Logistics, the Secretaries of the military 

9 departments, and the acquisition support agencies. 

10 The regulations shall be uniform to the maximum 

11 extent practicable among the military departments 

12 and shall address, at a minimum, applicable laws, 

13 regulations, policies, and directives related to contin14 gency contracting. 

15 (b) REPORT.— 

16 (1) REQUIREMENT.—Not later than 270 days 

17 after the date of the enactment of this Act, the Sec18 retary of Defense shall submit to the Committees on 

19 Armed Services of the Senate and the House of Rep20 resentatives a report on contingency contracting. 

21 (2) MATTERS COVERED.—The report shall in22 clude discussions of the following: 

23 (A) Progress in the implementation of the 

24 contingency contracting corps, in accordance 

25 with the requirements of subsection (a). 
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1 (B) The ability of the Armed Forces to 

2 support contingency contracting. 

3 (C) The ability of commanders of combat4 ant commands to request contingency con5 tracting support and the ability of the military 

6 departments and the acquisition support agen7 cies to respond to such requests and provide 

8 such support, including the availability of rapid 

9 acquisition personnel for such support. 

10 (D) The ability of the current civilian and 

11 military acquisition workforce to deploy to com12 bat theaters of operations and to conduct con13 tracting activities during combat and during 

14 post-conflict, reconstruction, or other contin15 gency operations. 

16 (E) The effect of different periods of de17 ployment on continuity in the acquisition proc18 ess. 

19 (c) DEFINITIONS.—In this section: 

20 (1) CONTINGENCY CONTRACTING PER21 SONNEL.—The term ‘‘contingency contracting per22 sonnel’’ means members of the Armed Forces and 

23 civilian employees of the Department of Defense who 

24 are members of the defense acquisition workforce 

25 and, as part of their duties, are assigned to provide 
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1 support to contingency operations (whether deployed 

2 or not). 

3 (2) CONTINGENCY CONTRACTING.—The term 

4 ‘‘contingency contracting’’ means all stages of the 

5 process of acquiring property or services by the De6 partment of Defense during a contingency operation. 

7 (3) CONTINGENCY OPERATION.—The term 

8 ‘‘contingency operation’’ has the meaning provided 

9 in section 101(13) of title 10, United States Code. 

10 (4) ACQUISITION SUPPORT AGENCIES.—The 

11 term ‘‘acquisition support agencies’’ means Defense 

12 Agencies and Department of Defense Field Activities 

13 that carry out and provide support for acquisition14 related activities. 

15 SEC. 814. REQUIREMENT FOR CONTRACTING OPERATIONS 

16 TO BE INCLUDED IN INTERAGENCY PLAN17 NING RELATED TO STABILIZATION AND RE18 CONSTRUCTION. 

19 (a) INCLUSION OF CONTRACTING OPERATIONS IN

20 INTERAGENCY PLANNING.—The Secretary of Defense 

21 shall include contracting operations in all relevant inter22 agency planning operations of the Department of Defense 

23 related to stabilization and reconstruction operations. 

24 (b) SECRETARY OF DEFENSE REQUIREMENTS.—If 

25 the President designates the Department of Defense as 
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1 the executive agency with primary responsibility for con2 tracting operations in post-conflict, stabilization, or recon3 struction operations, the Secretary of Defense shall de4 velop policy and procedures for the Department of Defense 

5 to serve as such executive agency. 

6 (c) REPORT.— 

7 (1) REQUIREMENT.—The Secretary of Defense 

8 and the Secretary of State shall jointly prepare a re9 port on lessons learned from carrying out con10 tracting operations during Operation Iraqi Freedom. 

11 (2) MATTERS COVERED.—The report shall ad12 dress the following with respect to such activities: 

13 (A) Development of an appropriate acquisi14 tion planning strategy before obligation of 

15 funds, including the scope of planned con16 tracting operations, project management, logis17 tics, and financial considerations. 

18 (B) Flow of appropriated funds. 

19 (C) Ability to obtain military and civilian 

20 acquisition workforce personnel. 

21 (D) Ability to obtain country clearances for 

22 such personnel. 

23 (E) Ability to reprogram funds and to co24 ordinate interagency activities. 
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1 (3) SUBMISSION.—Not later than 180 days 

2 after the date of the enactment of this Act, the re3 port shall be submitted to the Committees on Armed 

4 Services and Foreign Relations of the Senate and 

5 the Committees on Armed Services and Inter6 national Relations of the House of Representatives. 

7 SEC. 815. STATEMENT OF POLICY AND REPORT RELATING 

8 TO CONTRACTING WITH EMPLOYERS OF PER9 SONS WITH DISABILITIES. 

10 (a) EXTENSIONS OF INAPPLICABILITY OF CERTAIN

11 ACTS.—Section 853 of the Ronald W. Reagan National 

12 Defense Authorization Act for Fiscal Year 2005 (Public 

13 Law 108–375; 118 Stat. 2021) is amended in subsections 

14 (a)(2) (A) and (b)(2)(A) by striking ‘‘2005’’ and inserting 

15 ‘‘2006’’. 

16 (b) STATEMENT OF POLICY.—The Secretary of De17 fense and the Secretary of Education shall jointly issue 

18 a statement of policy related to the implementation of the 

19 Randolph-Sheppard Act (20 U.S.C. 107 et seq.) and the 

20 Javits-Wagner-O’Day Act (41 U.S.C. 48) within the De21 partment of Defense and the Department of Education. 

22 The joint statement of policy shall specifically address the 

23 application of those Acts to both operation and manage24 ment of all or any part of a military mess hall, military 

25 troop dining facility, or any similar dining facility operated 
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1 for the purpose of providing meals to members of the 

2 Armed Forces, and shall take into account and address, 

3 to the extent practicable, the positions acceptable to per4 sons representing programs implemented under each Act. 

5 (c) REPORT.—Not later than April 1, 2006, the Sec6 retary of Defense and the Secretary of Education shall 

7 submit to the Committees on Armed Services of the Sen8 ate and the House of Representatives, the Committee on 

9 Health, Education, Labor and Pensions of the Senate, and 

10 the Committee on Education and the Workforce of the 

11 House of Representatives a report describing the joint 

12 statement of policy issued under subsection (b), with such 

13 findings and recommendations as the Secretaries consider 

14 appropriate. 

15 SEC. 816. STUDY ON DEPARTMENT OF DEFENSE CON16 TRACTING WITH SMALL BUSINESS CON17 CERNS OWNED AND CONTROLLED BY SERV18 ICE-DISABLED VETERANS. 

19 (a) STUDY REQUIRED.—The Secretary of Defense 

20 shall conduct a study on Department of Defense procure21 ment contracts with small business concerns owned and 

22 controlled by service-disabled veterans. 

23 (b) ELEMENTS OF STUDY.—The study required by 

24 subsection (a) shall include the following determinations: 
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1 (1) Any steps taken by the Department of De2 fense to meet the Government-wide goal of participa3 tion by small business concerns owned and con4 trolled by service-disabled veterans in at least 3 per5 cent of the total value of all prime contract and sub6 contract awards, as required under section 15(g) of 

7 the Small Business Act (15 U.S.C. 644(g)). 

8 (2) If the Department of Defense has failed to 

9 meet such goal, an explanation of the reasons for 

10 such failure. 

11 (3) Any steps taken within the Department of 

12 Defense to make contracting officers aware of the 3 

13 percent goal and to ensure that procurement officers 

14 are working actively to achieve such goal. 

15 (4) The number of small business concerns 

16 owned and controlled by service-disabled veterans 

17 which submitted offers on contracts with the De18 partment of Defense during the preceding fiscal 

19 year. 

20 (5) Any outreach efforts made by the Depart21 ment to enter into contracts with small business con22 cerns owned and controlled by service-disabled vet23 erans. 

24 (6) Any such outreach efforts the Department 

25 could make but has not made. 
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1 (7) Whether, in awarding subcontracts, prime 

2 contractors are aware of the preference for small 

3 business concerns owned and controlled by service4 disabled veterans under section 36 of the Small 

5 Business Act (15 U.S.C. 657f). 

6 (8) Any plans of the Department of Defense to 

7 increase the percentage of Federal contracts it 

8 awards to small businesses owned and controlled by 

9 service-disabled veterans. 

10 (c) REPORT.—Not later than the date that is six 

11 months after the date of the enactment of this Act, the 

12 Secretary shall submit to Congress a report on the find13 ings of the study conducted under this section. 

14 (d) SMALL BUSINESS CONCERN OWNED AND CON15 TROLLED BY SERVICE-DISABLED VETERANS.—In this 

16 section, the term ‘‘small business concern owned and con17 trolled by service-disabled veterans’’ has the meaning 

18 given that term in section 3(q) of the Small Business Act 

19 (15 U.S.C. 632(q)). 

20 SEC. 817. PROHIBITION ON PROCUREMENT FROM BENE21 FICIARIES OF FOREIGN SUBSIDIES. 

22 (a) PROHIBITION.—The Secretary of Defense may 

23 not enter into a contract for the procurement of goods 

24 or services from any foreign person to which the govern-
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1 ment of a foreign country that is a member of the World 

2 Trade Organization has provided a subsidy if— 

3 (1) the United States has requested consulta4 tions with that foreign country under the Agreement 

5 on Subsidies and Countervailing Measures on the 

6 basis that the subsidy is a prohibited subsidy under 

7 that Agreement; and 

8 (2) either— 

9 (A) the issue before the World Trade Or10 ganization has not been resolved; or 

11 (B) the World Trade Organization has 

12 ruled that the subsidy provided by the foreign 

13 country is a prohibited subsidy under the 

14 Agreement on Subsidies and Countervailing 

15 Measures. 

16 (b) JOINT VENTURES.—The prohibition under sub17 section (a) with respect to a foreign person also applies 

18 to any joint venture, cooperative organization, partner19 ship, or contracting team of which that foreign person is 

20 a member. 

21 (c) SUBCONTRACTS AND TASK ORDERS.—The prohi22 bition under subsection (a) with respect to a contract also 

23 applies to any subcontracts at any tier entered into under 

24 the contract and any task orders at any tier issued under 

25 the contract. 
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1 (d) DEFINITIONS.—In this section: 

2 (1) The term ‘‘Agreement on Subsidies and 

3 Countervailing Measures’’ means the agreement de4 scribed in section 101(d)(12) of the Uruguay Round 

5 Agreements Act (19 U.S.C. 3501(d)(12)). 

6 (2) The term ‘‘foreign person’’ means— 

7 (A) an individual who is not a United 

8 States person or an alien lawfully admitted for 

9 permanent residence into the United States; or 

10 (B) a corporation, partnership, or other 

11 nongovernmental entity which is not a United 

12 States person. 

13 (3) The term ‘‘United States person’’ means— 

14 (A) a natural person who is a citizen of the 

15 United States or who owes permanent alle16 giance to the United States; and 

17 (B) a corporation or other legal entity 

18 which is organized under the laws of the United 

19 States, any State or territory thereof, or the 

20 District of Columbia, if natural persons de21 scribed in subparagraph (A) own, directly or in22 directly, more than 50 percent of the out23 standing capital stock or other beneficial inter24 est in such legal entity. 

25 (e) APPLICABILITY.— 
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1 (1) PROGRAMS WITH MILESTONE B APPROVAL

2 NOT COVERED.—The prohibition under subsection 

3 (a) shall not apply to any contract under a major 

4 defense acquisition program that has received Mile5 stone B approval as of the date of the enactment of 

6 this Act. 

7 (2) DEFINITIONS.—In this subsection: 

8 (A) The term ‘‘major defense acquisition 

9 program’’ means a Department of Defense ac10 quisition program that is a major defense ac11 quisition program for purposes of section 2430 

12 of title 10, United States Code. 

13 (B) The term ‘‘Milestone B approval’’ has 

14 the meaning provided that term in section 

15 2366(e)(7) of such title. 

16 SEC. 818. BUY AMERICAN REQUIREMENT FOR PROCURE17 MENTS OF GOODS CONTAINING COMPO18 NENTS. 

19 (a) REQUIREMENT.—Notwithstanding any agree20 ment described in subsection (b), with respect to any man21 ufactured end product procured by the Department of De22 fense— 

23 (1) the end product shall be manufactured in 

24 the United States; and 
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1 (2) the cost of components of the end product 

2 that are mined, produced, or manufactured inside 

3 the United States shall exceed 50 percent of the cost 

4 of all components of the end product. 

5 (b) AGREEMENT DESCRIBED.—An agreement re6 ferred to in subsection (a) is any reciprocal defense pro7 curement memorandum of understanding between the 

8 United States and a foreign country pursuant to which 

9 the Secretary of Defense has prospectively waived the Buy 

10 American Act (41 U.S.C. 10a et seq.) for certain products 

11 in that country. 

12 SEC. 819. DOMESTIC SOURCE RESTRICTION FOR LITHIUM 

13 ION CELLS AND BATTERIES. 

14 Section 2534(a) of title 10, United States Code, is 

15 amended by adding at the end the following new para16 graph: 

17 ‘‘(6) LITHIUM ION CELLS AND BATTERIES.— 

18 Lithium ion cells and batteries and manufacturing 

19 technology for lithium ion cells and batteries.’’. 

20 SEC. 820. PROHIBITION ON DEFENSE CONTRACTORS RE21 QUIRING LICENSES OR FEES FOR USE OF 

22 MILITARY LIKENESSES AND DESIGNATIONS. 

23 (a) IN GENERAL.—The Secretary of Defense shall re24 quire that any contract entered into by the Department 

25 of Defense include a provision prohibiting the contractor 
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1 from requiring toy and hobby manufacturers, distributors, 

2 or merchants to obtain licenses from or pay fees to the 

3 contractor for the use of military likenesses or designa4 tions on items provided under the contract. 

5 (b) LIMITATION TO UNITED STATES COMPANIES.— 

6 Subsection (a) applies only with respect to toy and hobby 

7 manufacturers, distributors, or merchants incorporated in 

8 or organized under the laws of the United States. 

9 SEC. 820A. ESTABLISHMENT OF EVALUATION FACTOR FOR 

10 DEFENSE CONTRACTORS EMPLOYING OR 

11 SUBCONTRACTING WITH MEMBERS OF THE 

12 SELECTED RESERVE OF THE RESERVE COM13 PONENTS OF THE ARMED FORCES. 

14 (a) DEFENSE CONTRACTS.—In awarding any con15 tract for the procurement of goods or services, the Depart16 ment of Defense, when considering source selection cri17 teria, shall use as an evaluation factor whether entities 

18 intend to carry out the contract using employees or indi19 vidual subcontractors for goods and services who are mem20 bers of the Selected Reserve of the reserve components of 

21 the Armed Forces. 

22 (b) DOCUMENTATION OF SELECTED RESERVE-RE23 LATED EVALUATION FACTOR.—Any entity claiming intent 

24 to carry out a contract using employees or individual sub25 contractors for goods and services who are members of 
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1 the Selected Reserve of the reserve components of the 

2 Armed Forces shall be required to document to the De3 partment of Defense the number (and names, if re4 quested) of such members of the Selected Reserve that the 

5 entity will employ, or execute personal services contracts 

6 with, for the contract in question. 

7 (c) NATIONAL SECURITY WAIVER.—The Secretary of 

8 the military department concerned, or, in the case of con9 tracts which are not negotiated by a military department, 

10 the Secretary of Defense, may waive the requirement in 

11 subsection (a) with respect to a contract if the Secretary 

12 concerned determines that the waiver is necessary for rea13 sons of national security. 

14 (d) REGULATIONS.—The Federal Acquisition Regula15 tion shall be revised as necessary to implement this sec16 tion. 

17 Subtitle C—Amendments to Gen18 eral Contracting Authorities, 

19 Procedures, and Limitations 

20 SEC. 821. INCREASED FLEXIBILITY FOR DESIGNATION OF 

21 CRITICAL ACQUISITION POSITIONS IN DE22 FENSE ACQUISITION WORKFORCE. 

23 Subparagraph (A) of section 1733(b)(1) of title 10, 

24 United States Code, is amended to read as follows: 
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1 ‘‘(A) Any acquisition position that is required 

2 to be filled by a senior civilian employee in the Na3 tional Security Personnel System or a senior com4 missioned officer of the Army, Navy, Air Force, or 

5 Marine Corps, as determined in accordance with 

6 guidelines prescribed by the Secretary.’’. 

7 SEC. 822. PARTICIPATION BY DEPARTMENT OF DEFENSE IN 

8 ACQUISITION WORKFORCE TRAINING FUND. 

9 (a) REQUIRED CONTRIBUTIONS TO ACQUISITION

10 WORKFORCE TRAINING FUND BY DEPARTMENT OF DE11 FENSE.—Section 37(h)(3) of the Office of Federal Pro12 curement Policy Act (41 U.S.C. 433(h)(3)) is amended— 

13 (1) in subparagraph (B), by striking ‘‘(other 

14 than the Department of Defense)’’; and 

15 (2) by redesignating subparagraphs (D), (E), 

16 (F), and (G) as subparagraphs (E), (F), (G), and 

17 (H), respectively, and inserting after subparagraph 

18 (C) the following new subparagraph (D): 

19 ‘‘(D) The Administrator of General Serv20 ices shall transfer to the Secretary of Defense 

21 fees collected from the Department of Defense 

22 pursuant to subparagraph (B), to be used by 

23 the Defense Acquisition University for purposes 

24 of acquisition workforce training for the entire 

25 Federal acquisition workforce.’’. 
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1 (b) CONFORMING AMENDMENTS.— 

2 (1) OFFICE OF FEDERAL PROCUREMENT POL3 ICY ACT.—Section 37(a) of the Office of Federal 

4 Procurement Policy Act (41 U.S.C. 433) is amended 

5 by striking ‘‘This section’’ and inserting ‘‘Except as 

6 provided in subsection (h)(3), this section’’. 

7 (2) PUBLIC LAW 108–136.—Section 1412 of the 

8 National Defense Authorization Act for Fiscal Year 

9 2004 (Public Law 108–136; 117 Stat. 1664) is 

10 amended by striking subsection (c). 

11 (c) DEFENSE ACQUISITION UNIVERSITY FUNDING.— 

12 Amounts transferred under section 37(h)(3)(D) of the Of13 fice of Federal Procurement Policy Act (as amended by 

14 subsection (a)) for use by the Defense Acquisition Univer15 sity shall be in addition to other amounts authorized for 

16 the University. 

17 (d) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply with respect to contracts entered 

19 into after the date of the enactment of this Act. 

20 SEC. 823. INCREASE IN COST ACCOUNTING STANDARD 

21 THRESHOLD. 

22 Section 26(f)(2)(A) of the Office of Federal Procure23 ment Policy Act (41 U.S.C. 422(f)(A)) is amended by 

24 striking ‘‘$500,000’’ and inserting ‘‘$550,000’’. 
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1 SEC. 824. AMENDMENTS TO DOMESTIC SOURCE REQUIRE2 MENTS RELATING TO CLOTHING MATERIALS 

3 AND COMPONENTS COVERED. 

4 (a) NOTICE.—Section 2533a of title 10, United 

5 States Code, is amended by adding at the end the fol6 lowing new subsection: 

7 ‘‘(k) NOTIFICATION REQUIRED WITHIN 7 DAYS

8 AFTER CONTRACT AWARD IF CERTAIN EXCEPTIONS AP9 PLIED.—In the case of any contract for the procurement 

10 of an item described in subparagraph (B), (C), (D), or 

11 (E) of subsection (b)(1), if the Secretary of Defense or 

12 of the military department concerned applies an exception 

13 set forth in subsection (c) or (e) with respect to that con14 tract, the Secretary shall, not later than 7 days after the 

15 award of the contract, post a notification that the excep16 tion has been applied on the Internet site maintained by 

17 the General Services Administration known as 

18 FedBizOps.gov (or any successor site).’’. 

19 (b) CLOTHING MATERIALS AND COMPONENTS COV20 ERED.—Subsection (b) of section 2533a of title 10, United 

21 States Code, is amended in paragraph (1)(B) by inserting 

22 before the semicolon the following: ‘‘and the materials and 

23 components thereof, other than sensors, electronics, or 

24 other items added to, and not normally associated with, 

25 clothing (and the materials and components thereof)’’. 
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1 SEC. 825. RAPID ACQUISITION AUTHORITY TO RESPOND TO 

2 DEFENSE INTELLIGENCE COMMUNITY EMER3 GENCIES. 

4 (a) RAPID ACQUISITION AUTHORITY.—In the case of 

5 any critical intelligence capability that, as determined in 

6 writing by the Secretary of Defense, without delegation, 

7 is urgently needed to address a demonstrable, imminent, 

8 and urgent threat to national security that would likely 

9 result in combat fatalities or grave harm to the national 

10 security of the United States, the Secretary shall use the 

11 procedures developed under this section in order to accom12 plish the rapid acquisition and deployment of the needed 

13 critical intelligence capabilities. 

14 (b) DESIGNATION OF SENIOR OFFICIAL.—Whenever 

15 the Secretary makes a determination under subsection (a) 

16 that the rapid acquisition of critical intelligence capability 

17 is needed, the Secretary shall designate a senior official 

18 of the Department of Defense to ensure that the intel19 ligence capability is acquired and deployed as quickly as 

20 possible, with a goal of awarding a contract for the acqui21 sition of the intelligence capability within 15 days after 

22 the determination is made. 

23 (c) WAIVER AUTHORITY.—Upon designation of a 

24 senior official under subsection (b), the Secretary shall au25 thorize that official to waive any provision of law, policy, 

26 directive, or regulation described in subsection (f) that 
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1 such official determines in writing would unnecessarily im2 pede the rapid acquisition and deployment of the needed 

3 intelligence capability. 

4 (d) FUNDING OF RAPID ACQUISITIONS.—The author5 ity of this section may not be used to acquire intelligence 

6 capability in an amount aggregating more than 

7 $20,000,000 during any fiscal year. For acquisitions of 

8 intelligence capability under this subsection during the fis9 cal year in which the Secretary makes the determination 

10 described in subsection (a) with respect to such intel11 ligence capability, the Secretary may use any funds avail12 able to the Department of Defense for the Joint Military 

13 Intelligence Program or Tactical Intelligence and Related 

14 Activities for that fiscal year. 

15 (e) NOTICE TO CONGRESS.—The Secretary of De16 fense shall notify the congressional defense committees 

17 and the Permanent Select Committee on Intelligence of 

18 the House of Representatives within 15 days after each 

19 determination made under subsection (a). Each such no20 tice shall identify in either classified or unclassified for21 mat, as appropriate— 

22 (1) the intelligence capability to be acquired; 

23 (2) the amount anticipated to be expended for 

24 the acquisition; and 

25 (3) the source of funds for the acquisition. 
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1 (f) WAIVER OF CERTAIN STATUTES AND REGULA2 TIONS.— 

3 (1) IN GENERAL.—Upon a determination de4 scribed in subsection (a), the senior official des5 ignated in accordance with subsection (b) with re6 spect to that designation is authorized to waive any 

7 provision of law, policy, directive or regulation ad8 dressing— 

9 (A) the establishment of the requirement 

10 for the intelligence capability; 

11 (B) the research, development, test, and 

12 evaluation of the intelligence capability; or 

13 (C) the solicitation and selection of 

14 sources, and the award of the contract, for pro15 curement of the intelligence capability. 

16 (2) LIMITATION.—Nothing in this subsection 

17 authorizes the waiver of any provision of law impos18 ing civil or criminal penalties. 

19 TITLE IX—DEPARTMENT OF DE20 FENSE ORGANIZATION AND 

21 MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Restoration of parity in pay levels among Under Secretary positions. 

Sec. 902. Eligibility criteria for Director of Department of Defense Test Resource Management Center. 

Sec. 903. Consolidation and standardization of authorities relating to Department of Defense Regional Centers for Security Studies. 

Sec. 904. Redesignation of the Department of the Navy as the Department of 

the Navy and Marine Corps. 
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Subtitle B—Space Activities 

Sec. 911. Space Situational Awareness Strategy. 

Sec. 912. Military satellite communications. 

Sec. 913. Operationally responsive space. 

Subtitle C—Chemical Demilitarization Program 

Sec. 921. Transfer to Secretary of the Army of responsibility for assembled 

chemical weapons alternatives program. 

Sec. 922. Clarification of Cooperative Agreement Authority under Chemical Demilitarization Program. 

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. 

1 Subtitle A—Department of Defense 

2 Management 

3 SEC. 901. RESTORATION OF PARITY IN PAY LEVELS AMONG 

4 UNDER SECRETARY POSITIONS. 

5 (a) POSITIONS OF UNDER SECRETARIES OF MILI6 TARY DEPARTMENTS RAISED TO LEVEL III OF THE EX7 ECUTIVE SCHEDULE.—Section 5314 of title 5, United 

8 States Code, is amended by inserting after ‘‘Under Sec9 retary of Defense for Intelligence’’ the following: 

10 ‘‘Under Secretary of the Air Force. 

11 ‘‘Under Secretary of the Army. 

12 ‘‘Under Secretary of the Navy.’’. 

13 (b) CONFORMING AMENDMENT.—Section 5315 of 

14 such title is amended by striking the following: 

15 ‘‘Under Secretary of the Air Force. 

16 ‘‘Under Secretary of the Army. 

17 ‘‘Under Secretary of the Navy.’’. 
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1 SEC. 902. ELIGIBILITY CRITERIA FOR DIRECTOR OF DE2 PARTMENT OF DEFENSE TEST RESOURCE 

3 MANAGEMENT CENTER. 

4 Section 196(b) of title 10, United States Code, is 

5 amended to read as follows: 

6 ‘‘(b) DIRECTOR.—At the head of the Center shall be 

7 a Director, who shall be appointed by the Secretary from 

8 among individuals who have substantial experience in the 

9 field of test and evaluation.’’. 

10 SEC. 903. CONSOLIDATION AND STANDARDIZATION OF AU11 THORITIES RELATING TO DEPARTMENT OF 

12 DEFENSE REGIONAL CENTERS FOR SECU13 RITY STUDIES. 

14 (a) BASIC AUTHORITIES FOR REGIONAL CENTERS.— 

15 (1) IN GENERAL.—Section 184 of title 10, 

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

17 ‘‘§ 184. Regional Centers for Security Studies 

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

19 administer the Department of Defense Regional Centers 

20 for Security Studies in accordance with this section as 

21 international venues for bilateral and multilateral re22 search, communication, and exchange of ideas involving 

23 military and civilian participants. 

24 ‘‘(b) REGIONAL CENTERS SPECIFIED.—(1) A De25 partment of Defense Regional Center for Security Studies 

26 is a Department of Defense institution that— 
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1 ‘‘(A) is operated, and designated as such, by 

2 the Secretary of Defense for the study of security 

3 issues relating to a specified geographic region of 

4 the world; and 

5 ‘‘(B) serves as a forum for bilateral and multi6 lateral research, communication, and exchange of 

7 ideas involving military and civilian participants. 

8 ‘‘(2) The Department of Defense Regional Centers 

9 for Security Studies are the following: 

10 ‘‘(A) The George C. Marshall European Center 

11 for Security Studies, established in 1993 and located 

12 in Garmisch-Partenkirchen, Germany. 

13 ‘‘(B) The Asia-Pacific Center for Security Stud14 ies, established in 1995 and located in Honolulu, 

15 Hawaii. 

16 ‘‘(C) The Center for Hemispheric Defense 

17 Studies, established in 1997 and located in Wash18 ington, D.C. 

19 ‘‘(D) The Africa Center for Strategic Studies, 

20 established in 1999 and located in Washington, D.C. 

21 ‘‘(E) The Near East South Asia Center for 

22 Strategic Studies, established in 2000 and located in 

23 Washington, D.C. 

24 ‘‘(3) No institution or element of the Department of 

25 Defense may be designated as a Department of Defense 
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1 Regional Center for Security Studies for purposes of this 

2 section, other than the institutions specified in paragraph 

3 (2), except as specifically provided by law after the date 

4 of the enactment of this section. 

5 ‘‘(c) REGULATIONS.—The administration of the Re6 gional Centers under this section shall be carried out 

7 under regulations prescribed by the Secretary. 

8 ‘‘(d) PARTICIPATION.—Participants in activities of 

9 the Regional Centers may include United States military 

10 and civilian personnel, governmental and nongovernmental 

11 personnel, and foreign military and civilian, governmental 

12 and nongovernmental personnel. 

13 ‘‘(e) EMPLOYMENT AND COMPENSATION OF FAC14 ULTY.—At each Regional Center, the Secretary may, sub15 ject to appropriations— 

16 ‘‘(1) employ a Director, a Deputy Director, and 

17 as many civilians as professors, instructors, and lec18 turers as the Secretary considers necessary; and 

19 ‘‘(2) prescribe the compensation of such per20 sons, in accordance with Federal guidelines. 

21 ‘‘(f) PAYMENT OF COSTS.—(1) Participation in ac22 tivities of a Regional Center shall be on a reimbursable 

23 basis (or by payment in advance), except in a case in 

24 which reimbursement is waived in accordance with para25 graph (3). 
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1 ‘‘(2) For a foreign national participant, payment of 

2 costs may be made by the participant’s own government, 

3 by a Department or agency of the United States other 

4 than the Department of Defense, or by a gift or donation 

5 on behalf of one or more Regional Centers accepted under 

6 section 2611 of this title on behalf of the participant’s gov7 ernment. 

8 ‘‘(3) The Secretary of Defense may waive reimburse9 ment of the costs of activities of the Regional Centers for 

10 foreign military officers and foreign defense civilian offi11 cials from a developing country if the Secretary deter12 mines that attendance of such personnel without reim13 bursement is in the national security interest of the United 

14 States. Costs for which reimbursement is waived pursuant 

15 to this paragraph shall be paid from appropriations avail16 able to the Regional Centers. 

17 ‘‘(4) Funds accepted for the payment of costs shall 

18 be credited to the appropriation then currently available 

19 to the Department of Defense for the Regional Center that 

20 incurred the costs. Funds so credited shall be merged with 

21 the appropriation to which credited and shall be available 

22 to that Regional Center for the same purposes and same 

23 period as the appropriation with which merged. 

24 ‘‘(5) Funds available for the payment of personnel 

25 expenses under the Latin American cooperation authority 
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1 set forth in section 1050 of this title are also available 

2 for the costs of the operation of the Center for Hemi3 spheric Defense Studies. 

4 ‘‘(g) SUPPORT TO OTHER AGENCIES.—The Director 

5 of a Regional Center may enter into agreements with the 

6 Secretaries of the military departments, the heads of the 

7 Defense Agencies, and, with the concurrence of the Sec8 retary of Defense, the heads of other Federal departments 

9 and agencies for the provision of services by that Regional 

10 Center under this section. Any such participating depart11 ment and agency shall transfer to the Regional Center 

12 funds to pay the full costs of the services received. 

13 ‘‘(h) ANNUAL REPORT.—Not later than February 1 

14 of each year, the Secretary of Defense shall submit to the 

15 Committee on Armed Services of the Senate and the Com16 mittee on Armed Services of the House of Representatives 

17 a report on the operation of the Regional Centers for secu18 rity studies during the preceding fiscal year. The annual 

19 report shall include, for each Regional Center, the fol20 lowing information: 

21 ‘‘(1) The status and objectives of the center. 

22 ‘‘(2) The budget of the center, including the 

23 costs of operating the center. 

24 ‘‘(3) A description of the extent of the inter25 national participation in the programs of the center, 
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1 including the costs incurred by the United States for 

2 the participation of each foreign nation. 

3 ‘‘(4) A description of the foreign gifts and do4 nations, if any, accepted under section 2611 of this 

5 title.’’. 

6 (2) CLERICAL AMENDMENT.—The item relating 

7 to such section in the table of sections at the begin8 ning of chapter 7 of such title is amended to read 

9 as follows: 

‘‘184. Regional Centers for Security Studies.’’. 

10 (b) STANDARDIZATION OF AUTHORITY FOR ACCEPT11 ANCE OF GIFTS AND DONATIONS.— 

12 (1) IN GENERAL.—Section 2611 of title 10, 

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

14 ‘‘§ 2611. Regional Centers for Security Studies: ac15 ceptance of gifts and donations 

16 ‘‘(a) AUTHORITY TO ACCEPT GIFTS AND DONA17 TIONS.—Subject to subsection (c), the Secretary of De18 fense may accept, on behalf of one or more of the Regional 

19 Centers for Security Studies, a gift or donation from any 

20 source in order to defray the costs of, or enhance the oper21 ation of, one or more of the Regional Centers. 

22 ‘‘(b) REGIONAL CENTERS.—For purposes of this sec23 tion, the Regional Centers for Security Studies are the De24 partment of Defense institutions specified in section 

25 184(b) of this title. 
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1 ‘‘(c) LIMITATION.—(1) The Secretary may not accept 

2 a gift or donation under subsection (a) if the acceptance 

3 of the gift or donation would compromise or appear to 

4 compromise— 

5 ‘‘(A) the ability of the Department of Defense, 

6 or any employee of the Department or member of 

7 the armed forces, to carry out the responsibility or 

8 duty of the Department in a fair and objective man9 ner; or 

10 ‘‘(B) the integrity of any program of the De11 partment of Defense or any person involved in such 

12 a program. 

13 ‘‘(2) The Secretary shall prescribe written guidance 

14 setting forth the criteria to be used in determining wheth15 er the acceptance of a gift or donation would have a result 

16 described in paragraph (1). 

17 ‘‘(d) CREDITING OF FUNDS.—Funds accepted by the 

18 Secretary under subsection (a) shall be credited to appro19 priations available to the Department of Defense for the 

20 Regional Centers. Funds so credited shall be merged with 

21 the appropriations to which credited and shall be available 

22 for the Regional Centers for the same purposes and the 

23 same period as the appropriations with which merged. 

24 ‘‘(e) GIFTS AND DONATIONS DEFINED.—For pur25 poses of this section— 
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1 ‘‘(1) a foreign gift or donation is a gift or dona2 tion of funds, materials (including research mate3 rials), property, or services (including lecture serv4 ices and faculty services) from a foreign government, 

5 a foundation or other charitable organization in a 

6 foreign country, or an individual in a foreign coun7 try; and 

8 ‘‘(2) the term ‘gift’ includes a devise of real 

9 property or a bequest of personal property and any 

10 gift of an interest in real property.’’. 

11 (2) CLERICAL AMENDMENT.—The item relating 

12 to section 2611 in the table of sections at the begin13 ning of chapter 155 of such title is amended to read 

14 as follows: 

‘‘2611. Regional Centers for Security Studies: acceptance of foreign gifts and 

donations.’’. 

15 (c) CONFORMING AMENDMENTS.— 

16 (1) MARSHALL CENTER GENERAL AUTHOR17 ITY.—Section 1306 of the National Defense Author18 ization Act for Fiscal Year 1995 (Public Law 103– 

19 337; 108 Stat. 2892) is repealed. 

20 (2) MARSHALL CENTER GIFT AUTHORITY.— 

21 Section 1065 of the National Defense Authorization 

22 Act for Fiscal Year 1997 (10 U.S.C. 113) is amend23 ed— 

24 (A) by striking subsections (a) and (b); 
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1 (B) by redesignating subsection (c) as sub2 section (a); and 

3 (C) by redesignating paragraph (3) of such 

4 subsection as subsection (b) and inserting 

5 ‘‘CERTAIN NON-CITIZENS AUTHORIZED TO

6 SERVE ON BOARD.—’’ before ‘‘Notwith7 standing’’. 

8 (3) EMPLOYMENT AND COMPENSATION AU9 THORITY FOR CIVILIAN FACULTY.—Section 1595 of 

10 title 10, United States Code, is amended— 

11 (A) in subsection (c)— 

12 (i) by striking paragraphs (3) and (5); 

13 and 

14 (ii) by redesignating paragraphs (4) 

15 and (6) as paragraphs (3) and (4), respec16 tively; and 

17 (B) by striking subsection (e). 

18 (4) STATUS OF CENTER FOR HEMISPHERIC DE19 FENSE STUDIES.—Section 2165 of title 10, United 

20 States Code, is amended— 

21 (A) in subsection (b)— 

22 (i) by striking paragraph (6); and 

23 (ii) by redesignating paragraph (7) as 

24 paragraph (6); and 

25 (B) by striking subsection (c). 
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1 SEC. 904. REDESIGNATION OF THE DEPARTMENT OF THE 

2 NAVY AS THE DEPARTMENT OF THE NAVY 

3 AND MARINE CORPS. 

4 (a) REDESIGNATION OF MILITARY DEPARTMENT.— 

5 The military department designated as the Department of 

6 the Navy is redesignated as the Department of the Navy 

7 and Marine Corps. 

8 (b) REDESIGNATION OF SECRETARY AND OTHER

9 STATUTORY OFFICES.— 

10 (1) SECRETARY.—The position of the Secretary 

11 of the Navy is redesignated as the Secretary of the 

12 Navy and Marine Corps. 

13 (2) OTHER STATUTORY OFFICES.—The posi14 tions of the Under Secretary of the Navy, the four 

15 Assistant Secretaries of the Navy, and the General 

16 Counsel of the Department of the Navy are redesig17 nated as the Under Secretary of the Navy and Ma18 rine Corps, the Assistant Secretaries of the Navy 

19 and Marine Corps, and the General Counsel of the 

20 Department of the Navy and Marine Corps, respec21 tively. 

22 (c) CONFORMING AMENDMENTS TO TITLE 10, 

23 UNITED STATES CODE.— 

24 (1) DEFINITION OF ‘‘MILITARY DEPART25 MENT’’.—Paragraph (8) of section 101(a) of title 
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1 10, United States Code, is amended to read as fol2 lows: 

3 ‘‘(8) The term ‘military department’ means the 

4 Department of the Army, the Department of the 

5 Navy and Marine Corps, and the Department of the 

6 Air Force.’’. 

7 (2) ORGANIZATION OF DEPARTMENT.—The text 

8 of section 5011 of such title is amended to read as 

9 follows: ‘‘The Department of the Navy and Marine 

10 Corps is separately organized under the Secretary of 

11 the Navy and Marine Corps.’’. 

12 (3) POSITION OF SECRETARY.—Section 

13 5013(a)(1) of such title is amended by striking 

14 ‘‘There is a Secretary of the Navy’’ and inserting 

15 ‘‘There is a Secretary of the Navy and Marine 

16 Corps’’. 

17 (4) CHAPTER HEADINGS.— 

18 (A) The heading of chapter 503 of such 

19 title is amended to read as follows: 

20 ‘‘CHAPTER 503—DEPARTMENT OF THE 

21 NAVY AND MARINE CORPS’’. 

22 (B) The heading of chapter 507 of such 

23 title is amended to read as follows: 
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1 ‘‘CHAPTER 507—COMPOSITION OF THE DE2 PARTMENT OF THE NAVY AND MARINE 

3 CORPS’’. 

4 (5) OTHER AMENDMENTS.— 

5 (A) Title 10, United States Code, is 

6 amended by striking ‘‘Department of the Navy’’ 

7 and ‘‘Secretary of the Navy’’ each place they 

8 appear other than as specified in paragraphs 

9 (1), (2), (3), and (4) (including in section head10 ings, subsection captions, tables of chapters, 

11 and tables of sections) and inserting ‘‘Depart12 ment of the Navy and Marine Corps’’ and ‘‘Sec13 retary of the Navy and Marine Corps’’, respec14 tively, in each case with the matter inserted to 

15 be in the same typeface and typestyle as the 

16 matter stricken. 

17 (B)(i) Sections 5013(f), 5014(b)(2), 

18 5016(a), 5017(2), 5032(a), and 5042(a) of 

19 such title are amended by striking ‘‘Assistant 

20 Secretaries of the Navy’’ and inserting ‘‘Assist21 ant Secretaries of the Navy and Marine Corps’’. 

22 (ii) The heading of section 5016 of such 

23 title, and the item relating to such section in 

24 the table of sections at the beginning of chapter 

25 503 of such title, are each amended by insert-
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1 ing ‘‘and Marine Corps’’ after ‘‘of the Navy’’, 

2 with the matter inserted in each case to be in 

3 the same typeface and typestyle as the matter 

4 amended. 

5 (d) TITLE 37, UNITED STATES CODE.—Title 37, 

6 United States Code, is amended by striking ‘‘Department 

7 of the Navy’’ and ‘‘Secretary of the Navy’’ each place they 

8 appear and inserting ‘‘Department of the Navy and Ma9 rine Corps’’ and ‘‘Secretary of the Navy and Marine 

10 Corps’’, respectively. 

11 (e) OTHER REFERENCES.—Any reference in any law 

12 other than in title 10 or title 37, United States Code, or 

13 in any regulation, document, record, or other paper of the 

14 United States, to the Department of the Navy shall be 

15 considered to be a reference to the Department of the 

16 Navy and Marine Corps. Any such reference to an office 

17 specified in subsection (b)(2) shall be considered to be a 

18 reference to that office as redesignated by that subsection. 

19 (f) EFFECTIVE DATE.—This section and the amend20 ments made by this section shall take effect on the first 

21 day of the first month beginning more than 60 days after 

22 the date of the enactment of this Act. 

23 Subtitle B—Space Activities 

24 SEC. 911. SPACE SITUATIONAL AWARENESS STRATEGY. 

25 (a) FINDINGS.—The Congress finds that— 
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1 (1) the Department of Defense has the respon2 sibility, within the executive branch, for developing 

3 the strategy and the systems of the United States 

4 for ensuring freedom to operate United States space 

5 assets affecting national security; and 

6 (2) the foundation of any credible strategy for 

7 ensuring freedom to operate United States space as8 sets is a comprehensive system for space situational 

9 awareness. 

10 (b) SPACE SITUATIONAL AWARENESS STRATEGY.— 

11 (1) REQUIREMENT.—The Secretary of Defense 

12 shall develop a strategy, to be known as the ‘‘Space 

13 Situational Awareness Strategy’’, for ensuring free14 dom to operate United States space assets affecting 

15 national security. The Secretary shall submit that 

16 strategy to Congress not later than April 15, 2006. 

17 The Secretary shall submit to Congress an updated, 

18 current version of the Space Situational Awareness 

19 Strategy not later than April 15 of every even-num20 bered year thereafter. 

21 (2) TIME PERIOD.—The Space Situational 

22 Awareness Strategy shall cover the 20-year period 

23 from 2006 through 2025. 

24 (3) MATTERS TO BE INCLUDED.—The Space 

25 Situational Awareness Strategy shall include the fol-
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1 lowing (set forth for the 20-year period specified in 

2 paragraph (2) and separately for each successive 

3 five-year period beginning with 2006): 

4 (A) A threat assessment describing the 

5 perceived threats to United States space assets 

6 affecting national security. 

7 (B) Details for a coherent and comprehen8 sive strategy for the United States for space sit9 uational awareness, together with a description 

10 of the systems architecture to implement that 

11 strategy in light of the threat assessment under 

12 subparagraph (A). 

13 (C) A description of each of the individual 

14 program concepts that will make up the sys15 tems architecture described pursuant to sub16 paragraph (B) and, for each such program con17 cept, a description of the specific capabilities to 

18 be achieved and the threats to be abated. 

19 (c) SPACE SITUATIONAL AWARENESS CAPABILITIES

20 ROADMAP.— 

21 (1) REQUIREMENT.—The Secretary of the Air 

22 Force shall develop a roadmap, to be known as the 

23 ‘‘space situational awareness capabilities roadmap’’, 

24 for the development of the systems architecture de25 scribed pursuant to subsection (b)(3)(B). 
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1 (2) MATTERS TO BE INCLUDED.—The space 

2 situational awareness capabilities roadmap shall in3 clude— 

4 (A) capabilities of all systems deployed as 

5 of mid-2005 or planned for modernization or 

6 acquisition from 2006 to 2015; and 

7 (B) a description of recommended solu8 tions for inadequacies in the architecture to ad9 dress threats identified under subsection 

10 (b)(3)(A). 

11 SEC. 912. MILITARY SATELLITE COMMUNICATIONS. 

12 (a) FINDINGS.—Congress finds the following: 

13 (1) Military requirements for satellite commu14 nications exceed the capability of on-orbit assets as 

15 of mid-2005. 

16 (2) To meet future military requirements for 

17 satellite communications, the Secretary of the Air 

18 Force has initiated a highly complex and revolu19 tionary program called the Transformational Sat20 ellite Communications System (TSAT). 

21 (3) If the program referred to in paragraph (2) 

22 experiences setbacks that prolong the development 

23 and deployment of the capability to be provided by 

24 that program, the Secretary of the Air Force must 

25 be prepared to implement contingency programs to 
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1 achieve interim improvements in the capabilities of 

2 satellite communications to meet military require3 ments through upgrades to current systems. 

4 (b) DEVELOPMENT OF OPTIONS.—In order to pre5 pare for the contingency referred to in subsection (a)(3), 

6 the Director of the National Security Space Office of the 

7 Department of Defense shall provide for an assessment, 

8 to be conducted by an entity outside the Department of 

9 Defense, to develop and compare options for individual ac10 quisition, and block acquisition, of the Advanced Ex11 tremely High Frequency space vehicles numbered 4 and 

12 5, in conjunction with modifications to the current Wide13 band Gapfiller System program, that will accomplish the 

14 following: 

15 (1) Minimize nonrecurring costs. 

16 (2) Improve communications-on-the-move capa17 bilities. 

18 (3) Increase net centricity for communications. 

19 (4) Increase satellite throughput. 

20 (5) Increase user connectivity. 

21 (6) Improve airborne communications support. 

22 (c) ANALYSIS OF ALTERNATIVES REPORT.—Not 

23 later than February 28, 2006, the Director of the National 

24 Security Space Office shall submit to Congress a report 

25 providing an analysis of alternatives with respect to the 
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1 options developed pursuant to subsection (b). The analysis 

2 of alternatives shall be prepared taking into consideration 

3 the findings and recommendations of the independent as4 sessment conducted under subsection (b). 

5 SEC. 913. OPERATIONALLY RESPONSIVE SPACE. 

6 (a) JOINT OPERATIONALLY RESPONSIVE SPACE PAY7 LOAD TECHNOLOGY ORGANIZATION.— 

8 (1) IN GENERAL.—The Secretary of Defense 

9 shall establish or designate an organization in the 

10 Department of Defense to coordinate joint oper11 ationally responsive space payload technology. 

12 (2) MASTER PLAN.—The organization estab13 lished or designated under paragraph (1) shall 

14 produce an annual master plan for coordination of 

15 operationally responsive space payload technology 

16 and shall coordinate resources provided to stimulate 

17 technical development of small satellite payloads. 

18 The annual master plan shall describe focus areas 

19 for development of operationally responsive space 

20 payload technology, including— 

21 (A) miniaturization technology for satellite 

22 payloads; 

23 (B) increased sensor acuity; 

24 (C) concept of operations exploration; 

25 (D) increased processor capability; and 
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1 (E) such additional matters as the head of 

2 that organization determines appropriate. 

3 (3) REQUESTS FOR PROPOSALS.—The Sec4 retary of Defense, acting through the Director of the 

5 Office of Force Transformation, shall award con6 tracts, from amounts available for that purpose for 

7 any fiscal year, for technology projects that support 

8 the focus areas set out in the master plan for devel9 opment of operationally responsive space payload 

10 technology. 

11 (4) ASSESSMENT FACTORS.—In assessing any 

12 proposal submitted for a contract under paragraph 

13 (3), the Secretary shall consider — 

14 (A) how the proposal correlates to the 

15 goals articulated in the master plan under para16 graph (2) and to the National Security Space 

17 Architecture; and 

18 (B) the probability, for the project for 

19 which the proposal is submitted, of eventual 

20 transition either to a laboratory of one of the 

21 military departments for continued development 

22 or to a joint program office for operational de23 ployment. 

24 (b) REPORT ON JOINT PROGRAM OFFICE FOR

25 TACSAT.—Not later than February 28, 2006, the Sec-
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1 retary of Defense shall submit to the congressional defense 

2 committees a report providing a plan for the creation of 

3 a joint program office for the Tactical Satellite program 

4 and for transition of that program out of the Office of 

5 Force Transformation and to the administration of the 

6 joint program office. The report shall be prepared in con7 junction with the Department of Defense executive agent 

8 for space. 

9 (c) JOINT REPORT ON CERTAIN SPACE AND MISSILE

10 DEFENSE ACTIVITIES.—Not later than February 28, 

11 2006, the Department of Defense executive agent for 

12 space and the Director of the Missile Defense Agency shall 

13 submit to the Committee on Armed Services of the Senate 

14 and the Committee on Armed Services of the House of 

15 Representatives a joint report on the value of each of the 

16 following: 

17 (1) Increased use of the Rocket Systems 

18 Launch Program for the respective missions of the 

19 Department of the Air Force and the Missile De20 fense Agency. 

21 (2) An agreement between the Director of the 

22 Missile Defense Agency and the Secretary of the Air 

23 Force for eventual transition of operational control 

24 of small satellite demonstrations from the Missile 

25 Defense Agency to the Department of the Air Force. 
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1 (3) A partnership between the Missile Defense 

2 Agency and the Department of the Air Force in the 

3 development of common high-altitude and near-space 

4 assets for the respective missions of the Missile De5 fense Agency and the Department of the Air Force. 

6 Subtitle C—Chemical 

7 Demilitarization Program 

8 SEC. 921. TRANSFER TO SECRETARY OF THE ARMY OF RE9 SPONSIBILITY FOR ASSEMBLED CHEMICAL 

10 WEAPONS ALTERNATIVES PROGRAM. 

11 Effective January 1, 2006, the text of section 142 

12 of the Strom Thurmond National Defense Authorization 

13 Act for Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 

14 1521 note) is amended to read as follows: 

15 ‘‘(a) PROGRAM MANAGEMENT.—(1) The program 

16 manager for the Assembled Chemical Weapons Alter17 natives program shall report to the Secretary of the Army. 

18 ‘‘(2) The Secretary of the Army shall provide for that 

19 program to be managed as part of the management orga20 nization within the Department of the Army specified in 

21 section 1412(e) of Public Law 99–145 (50 U.S.C. 

22 1521(e)). 

23 ‘‘(b) CONTINUED IMPLEMENTATION OF PREVIOUSLY

24 SELECTED ALTERNATIVE TECHNOLOGIES.—(1) In car25 rying out the destruction of lethal chemical munitions at 
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1 Pueblo Chemical Depot, Colorado, the Secretary of the 

2 Army shall continue to implement fully the alternative 

3 technology for such destruction at that depot selected by 

4 the Under Secretary of Defense for Acquisition, Tech5 nology, and Logistics on July 16, 2002. 

6 ‘‘(2) In carrying out the destruction of lethal chem7 ical munitions at Blue Grass Army Depot, Kentucky, the 

8 Secretary of the Army shall continue to implement fully 

9 the alternative technology for such destruction at that 

10 depot selected by the Under Secretary of Defense for Ac11 quisition, Technology, and Logistics on February 3, 

12 2003.’’. 

13 SEC. 922. CLARIFICATION OF COOPERATIVE AGREEMENT 

14 AUTHORITY UNDER CHEMICAL DEMILI15 TARIZATION PROGRAM. 

16 (a) AGREEMENTS WITH FEDERALLY RECOGNIZED

17 INDIAN TRIBAL GOVERNMENTS.—Section 1412(c)(4) of 

18 the Department of Defense Authorization Act, 1986 (50 

19 U.S.C 1521(c)(4)) is amended— 

20 (1) by inserting ‘‘(A)’’ after ‘‘(4)’’; 

21 (2) in the first sentence— 

22 (A) by inserting ‘‘and to tribal organiza23 tions of Indian tribes’’ after ‘‘to State and local 

24 governments’’; and 
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1 (B) by inserting ‘‘and organizations’’ after 

2 ‘‘assist those governments’’ 

3 (3) by designating the text beginning ‘‘Addi4 tionally, the Secretary ’’ as subparagraph (B); 

5 (4) in the first sentence of subparagraph (B), 

6 as designated by paragraph (2), by inserting ‘‘, and 

7 with tribal organizations of Indian tribes,’’ after 

8 ‘‘with State and local governments’’; and 

9 (5) by adding at the end the following new sub10 paragraph: 

11 ‘‘(C) In this subparagraph, the terms ‘tribal organi12 zation’ and ‘Indian tribes’ have the meanings given those 

13 terms in subsections (e) and (l), respectively, of section 

14 4 of the Indian Self-Determination and Education Assist15 ance Act (25 U.S.C. 450b).’’. 

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

17 subsection (a) shall take effect as of December 5, 1991, 

18 and shall apply with respect to cooperative agreements en19 tered into on or after that date. 

20 Subtitle D—Intelligence-Related 

21 Matters 

22 SEC. 931. DEPARTMENT OF DEFENSE STRATEGY FOR OPEN23 SOURCE INTELLIGENCE. 

24 (a) FINDINGS.—Congress makes the following find25 ings: 
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1 (1) Open-source intelligence (OSINT) is intel2 ligence that is produced from publicly available in3 formation collected, exploited, and disseminated in a 

4 timely manner to an appropriate audience for the 

5 purpose of addressing a specific intelligence require6 ment. 

7 (2) With the Information Revolution, the 

8 amount, significance, and accessibility of open-source 

9 information has exploded, but the Intelligence Com10 munity has not expanded its exploitation efforts and 

11 systems to produce open-source intelligence. 

12 (3) The production of open-source intelligence 

13 is a valuable intelligence discipline that must be inte14 grated in the intelligence cycle to ensure that United 

15 States policymakers are fully and completely in16 formed. 

17 (4) The dissemination and use of validated 

18 open-source intelligence inherently enables informa19 tion sharing as it is produced without the use of sen20 sitive sources and methods. Open-source intelligence 

21 products can be shared with the American public 

22 and foreign allies because of its unclassified nature. 

23 (5) The National Commission on Terrorist At24 tacks Upon the United States, in its Final Report 

25 released on July 22, 2004, identified shortfalls in 
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1 the ability of the United States to employ all-source 

2 intelligence, a large component of which is open3 source intelligence. 

4 (6) The Intelligence Reform and Terrorism Pre5 vention Act of 2004 (Public Law 108–458) advo6 cates for coordination of the collection, analysis, pro7 duction, and dissemination of open-source intel8 ligence. 

9 (7) The Commission on the Intelligence Capa10 bilities of the United States Regarding Weapons of 

11 Mass Destruction, in its report to the President re12 leased on March 31, 2005, found ‘‘that the need for 

13 exploiting open-source material is greater now than 

14 ever before,’’ but that ‘‘the Intelligence Community’s 

15 open source programs have not expanded commensu16 rate with either the increase in available information 

17 or with the growing importance of open source data 

18 to today’s problems’’. 

19 (b) STRATEGY FOR OPEN-SOURCE INTELLIGENCE.— 

20 (1) DEVELOPMENT OF STRATEGY.—The Sec21 retary of Defense shall develop a strategy, to be 

22 known as the ‘‘Strategy for Open-Source Intel23 ligence’’, to be incorporated within the larger mili24 tary intelligence strategy, for the purpose of inte-
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1 grating open-source intelligence into the military in2 telligence cycle. 

3 (2) SUBMISSION.—The Secretary shall submit 

4 the Strategy for Open-Source Intelligence to Con5 gress not later than January 31, 2006. 

6 (3) MATTERS TO BE INCLUDED.—The Strategy 

7 for Open-Source Intelligence shall include the fol8 lowing: 

9 (A) An investment strategy for the devel10 opment of a robust open-source intelligence ca11 pability, with particular emphasis on exploi12 tation and dissemination. 

13 (B) A description of how management of 

14 open-source intelligence collection is currently 

15 performed at the Department level and how it 

16 can be improved in the future. 

17 (C) A description of the tools, systems, 

18 centers, personnel, and procedures that will be 

19 used to perform open-source intelligence 

20 tasking, collection, exploitation, and dissemina21 tion. 

22 (D) A description of proven tradecraft for 

23 effective open-source intelligence exploitation, to 

24 include consideration of operational security. 
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1 (E) A detailed description on how open2 source intelligence will be fused with all other 

3 intelligence sources across the Department of 

4 Defense. 

5 (F) A description of open-source intel6 ligence training plan and guidance for Depart7 ment of Defense and service intelligence per8 sonnel. 

9 (G) A plan to incorporate the open-source 

10 intelligence oversight function into the Office of 

11 the Undersecretary of Defense for Intelligence 

12 and into service intelligence organizations. 

13 (H) A plan to incorporate and identify an 

14 open-source intelligence specialty into Depart15 ment and service personnel systems. 

16 (I) A plan to use reserve component intel17 ligence personnel to augment and support the 

18 open-source intelligence mission. 

19 (J) A plan for the use of the Open-Source 

20 Information System for the purpose of exploi21 tation and dissemination. 
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1 SEC. 932. COMPREHENSIVE INVENTORY OF DEPARTMENT 

2 OF DEFENSE INTELLIGENCE AND INTEL3 LIGENCE-RELATED PROGRAMS AND 

4 PROJECTS. 

5 (a) REPORT.—Not later than 180 days after the date 

6 of the enactment of this Act, the Secretary of Defense 

7 shall submit to the congressional committees specified in 

8 subsection (b) a report providing a comprehensive inven9 tory of Department of Defense intelligence and intel10 ligence-related programs and projects. The Secretary shall 

11 prepare the inventory in consultation with the Director of 

12 National Intelligence, as appropriate. 

13 (b) COMMITTEES.—The congressional committees re14 ferred to in subsection (a) are the following: 

15 (1) The Committee on Armed Services and the 

16 Select Committee on Intelligence of the Senate. 

17 (2) The Committee on Armed Services and the 

18 Permanent Select Committee on Intelligence of the 

19 House of Representatives. 

20 TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial matters 

Sec. 1001. Transfer authority. 

Sec. 1002. Authorization of supplemental appropriations for fiscal year 2005. 

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. 

Subtitle B—Naval Vessels and Shipyards 

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

Sec. 1012. Conveyance, Navy drydock, Jacksonville, Florida. 
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Sec. 1013. Conveyance, Navy drydock, Port Arthur, Texas. 

Sec. 1014. Transfer of U.S.S. IOWA. 

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

Sec. 1016. Limitation on leasing of foreign-built vessels. 

Sec. 1017. Establishment of memorial to U.S.S. Oklahoma. 

Subtitle C—Counter-Drug Activities 

Sec. 1021. Extension of Department of Defense authority to support counterdrug activities. 

Sec. 1022. Resumption of reporting requirement regarding Department of Defense expenditures to support foreign counter-drug activities. 

Sec. 1023. Clarification of authority for joint task forces to support law enforcement agencies conducting counter-terrorism activities. 

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. 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. 

Subtitle E—Other Matters 

Sec. 1041. Commission on the Long-Term Implementation of the New Strategic Posture of the United States. 

Sec. 1042. Reestablishment of EMP Commission. 

Sec. 1043. Modernization of authority relating to security of defense property 

and facilities. 

Sec. 1044. Revision of Department of Defense counterintelligence polygraph 

program. 

Sec. 1045. Repeal of requirement for report to Congress regarding global strike 

capability. 

Sec. 1046. Technical and clerical amendments. 

Sec. 1047. Deletion of obsolete definitions in titles 10 and 32, United States 

Code. 

Sec. 1048. Sense of Congress recognizing the diversity of the members of the 

Armed Forces killed in Operation Iraqi Freedom and Operation Enduring Freedom and honoring their sacrifices and the 

sacrifices of their families. 

Sec. 1049. Department of Defense support for youth organizations, including 

the Boy Scouts of America. 

Sec. 1050. Preservation of information and records pertaining to radioactive 

fallout. 

Sec. 1051. Special immigrant status for persons serving as translators with 

United States Armed Forces. 
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1 Subtitle A—Financial Matters 

2 SEC. 1001. TRANSFER AUTHORITY. 

3 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

4 (1) AUTHORITY.—Upon determination by the 

5 Secretary of Defense that such action is necessary in 

6 the national interest, the Secretary may transfer 

7 amounts of authorizations made available to the De8 partment of Defense in this division for fiscal year 

9 2006 between any such authorizations for that fiscal 

10 year (or any subdivisions thereof). Amounts of au11 thorizations so transferred shall be merged with and 

12 be available for the same purposes as the authoriza13 tion to which transferred. 

14 (2) LIMITATION.—The total amount of author15 izations that the Secretary may transfer under the 

16 authority of this section may not exceed 

17 $4,000,000,000. 

18 (b) LIMITATIONS.—The authority provided by this 

19 section to transfer authorizations— 

20 (1) may only be used to provide authority for 

21 items that have a higher priority than the items 

22 from which authority is transferred; and 

23 (2) may not be used to provide authority for an 

24 item that has been denied authorization by Con25 gress. 
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1 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

2 transfer made from one account to another under the au3 thority of this section shall be deemed to increase the 

4 amount authorized for the account to which the amount 

5 is transferred by an amount equal to the amount trans6 ferred. 

7 (d) NOTICE TO CONGRESS.—The Secretary shall 

8 promptly notify Congress of each transfer made under 

9 subsection (a). 

10 SEC. 1002. AUTHORIZATION OF SUPPLEMENTAL APPRO11 PRIATIONS FOR FISCAL YEAR 2005. 

12 Amounts authorized to be appropriated to the De13 partment of Defense and the Department of Energy for 

14 fiscal year 2005 in the Ronald W. Reagan National De15 fense Authorization Act for Fiscal Year 2005 (Public Law 

16 108–375) are hereby adjusted, with respect to any such 

17 authorized amount, by the amount by which appropria18 tions pursuant to such authorization are increased by a 

19 supplemental appropriation or decreased by a rescission, 

20 or both, or are increased by a transfer of funds, pursuant 

21 to title I and chapter 2 of title IV of division A of the 

22 Emergency Supplemental Appropriations Act for Defense, 

23 the Global War on Terror, and Tsunami Relief, 2005 

24 (Public Law 109–13). 
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1 SEC. 1003. INCREASE IN FISCAL YEAR 2005 GENERAL 

2 TRANSFER AUTHORITY. 

3 Section 1001(a)(2) of the Ronald W. Reagan Na4 tional Defense Authorization Act for Fiscal Year 2005 

5 (Public Law 108–375; 118 Stat. 2037) is amended by 

6 striking ‘‘$3,500,000,000’’ and inserting 

7 ‘‘$6,185,000,000’’. 

8 SEC. 1004. REPORTS ON FEASIBILITY AND DESIRABILITY 

9 OF CAPITAL BUDGETING FOR MAJOR DE10 FENSE ACQUISITION PROGRAMS. 

11 (a) CAPITAL BUDGETING DEFINED.—For the pur12 poses of this section, the term ‘‘capital budgeting’’ means 

13 a budget process that— 

14 (1) identifies large capital outlays that are ex15 pected to be made in future years, together with 

16 identification of the proposed means to finance those 

17 outlays and the expected benefits of those outlays; 

18 (2) separately identifies revenues and outlays 

19 for capital assets from revenues and outlays for an 

20 operating budget; 

21 (3) allows for the issue of long-term debt to fi22 nance capital investments; and 

23 (4) provides the budget authority for acquiring 

24 a capital asset over several fiscal years (rather than 

25 in a single fiscal year at the beginning of such acqui26 sition). 
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1 (b) REPORTS REQUIRED.—Not later than July 1, 

2 2006, the Secretary of Defense and the Secretary of each 

3 military department shall each submit to Congress a re4 port analyzing the feasibility and desirability of using a 

5 capital budgeting system for the financing of major de6 fense acquisition programs. Each such report shall ad7 dress the following matters: 

8 (1) The potential long-term effect on the de9 fense industrial base of the United States of con10 tinuing with the current full up-front funding system 

11 for major defense acquisition programs. 

12 (2) Whether use of a capital budgeting system 

13 could create a more effective decisionmaking process 

14 for long-term investments in major defense acquisi15 tion programs. 

16 (3) The manner in which a capital budgeting 

17 system for major defense acquisition programs 

18 would affect the budget planning and formulation 

19 process of the military departments. 

20 (4) The types of financial mechanisms that 

21 would be needed to provide funds for such a capital 

22 budgeting system. 
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1 Subtitle B—Naval Vessels and 

2 Shipyards 

3 SEC. 1011. CONVEYANCE, NAVY DRYDOCK, SEATTLE, WASH4 INGTON. 

5 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

6 the Navy is authorized to sell the yard floating drydock 

7 YFD–70, located in Seattle, Washington, to Todd Pacific 

8 Shipyards Corporation, that company being the current 

9 user of the drydock. 

10 (b) CONDITION OF CONVEYANCE.—The Secretary 

11 shall require as a condition of the conveyance under sub12 section (a) that the drydock remain at the facilities of 

13 Todd Pacific Shipyards Corporation until at least Sep14 tember 30, 2010. 

15 (c) CONSIDERATION.—As consideration for the con16 veyance of the drydock under subsection (a), the pur17 chaser shall pay to the United States an amount equal 

18 to the fair market value of the drydock, as determined 

19 by the Secretary. 

20 (d) TRANSFERS AT NO COST TO UNITED STATES.— 

21 The provisions of section 7306(c) of title 10, United 

22 States Code, shall apply to the conveyance under this sec23 tion. 

24 (e) ADDITIONAL TERMS AND CONDITIONS.—The 

25 Secretary may require such additional terms and condi-
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1 tions in connection with the conveyance under subsection 

2 (a) as the Secretary considers appropriate to protect the 

3 interests of the United States. 

4 SEC. 1012. CONVEYANCE, NAVY DRYDOCK, JACKSONVILLE, 

5 FLORIDA. 

6 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

7 the Navy is authorized to sell the medium auxiliary float8 ing drydock SUSTAIN (AFDM–7), located in Duval 

9 County, Florida, to Atlantic Marine Property Holding 

10 Company, that company being the current user of the dry11 dock. 

12 (b) CONDITION OF CONVEYANCE.—The Secretary 

13 shall require as a condition of the conveyance under sub14 section (a) that the drydock remain at the facilities of At15 lantic Marine Property Holding Company until at least 

16 September 30, 2010. 

17 (c) CONSIDERATION.—As consideration for the con18 veyance of the drydock under subsection (a), the pur19 chaser shall pay to the United States an amount equal 

20 to the fair market value of the drydock, as determined 

21 by the Secretary. 

22 (d) TRANSFERS AT NO COST TO UNITED STATES.— 

23 The provisions of section 7306(c) of title 10, United 

24 States Code, shall apply to the conveyance under this sec25 tion. 
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1 (d) ADDITIONAL TERMS AND CONDITIONS.—The 

2 Secretary may require such additional terms and condi3 tions in connection with the conveyance under subsection 

4 (a) as the Secretary considers appropriate to protect the 

5 interests of the United States. 

6 SEC. 1013. CONVEYANCE, NAVY DRYDOCK, PORT ARTHUR, 

7 TEXAS. 

8 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

9 the Navy is authorized to convey, without consideration, 

10 to the port authority of the city of Port Arthur, Texas, 

11 the inactive medium auxiliary floating drydock designated 

12 as AFDM–2, currently administered through the National 

13 Defense Reserve Fleet. 

14 (b) CONDITION OF CONVEYANCE.—The Secretary 

15 shall require as a condition of the conveyance under sub16 section (a) that the drydock remain at the facilities of the 

17 port authority named in subsection (a). 

18 (d) TRANSFERS AT NO COST TO UNITED STATES.— 

19 The provisions of section 7306(c) of title 10, United 

20 States Code, shall apply to the conveyance under this sec21 tion. 

22 (c) ADDITIONAL TERMS AND CONDITIONS.—The 

23 Secretary may require such additional terms and condi24 tions in connection with the conveyance under subsection 
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1 (a) as the Secretary considers appropriate to protect the 

2 interests of the United States. 

3 SEC. 1014. TRANSFER OF U.S.S. IOWA. 

4 (a) WAIVER OF REQUIREMENT FOR CONTINUED

5 LISTING ON NAVAL VESSEL REGISTER.—The provisions 

6 of the following laws do not apply with respect to the 

7 U.S.S. IOWA (BB–61): 

8 (1) Section 1011 of the National Defense Au9 thorization Act for Fiscal Year 1996 (Public Law 

10 104–106; 110 Stat. 421). 

11 (2) Section 1011 of the Strom Thurmond Na12 tional Defense Authorization Act for Fiscal Year 

13 1999 (Public Law 105–261; 112 Stat. 2118). 

14 (b) TRANSFER.—The Secretary of the Navy shall— 

15 (1) strike the U.S.S. IOWA (BB–61) from the 

16 Naval Vessel Register; and 

17 (2) subject to the submission of a donation ap18 plication for that vessel that is satisfactory to the 

19 Secretary, transfer that vessel to the Port of Stock20 ton, California, subject to subsections (b) and (c) of 

21 section 7306 of title 10, United States Code. 

22 SEC. 1015. TRANSFER OF EX-U.S.S. FORREST SHERMAN. 

23 (a) TRANSFER.—The Secretary of the Navy shall 

24 transfer the decommissioned destroyer ex-U.S.S. Forrest 

25 Sherman (DD–931) to the USS Forrest Sherman DD– 
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1 931 Foundation, Inc., a nonprofit organization under the 

2 laws of the State of Maryland, subject to the submission 

3 of a donation application for that vessel that is satisfac4 tory to the Secretary. 

5 (b) APPLICABLE LAW.—The transfer under this sec6 tion is subject to subsections (b) and (c) of section 7306 

7 of title 10, United States Code. Subsection (d) of that sec8 tion is hereby waived with respect to such transfer. 

9 (c) ADDITIONAL TERMS AND CONDITIONS.—The 

10 Secretary may require such additional terms and condi11 tions in connection with the transfer under subsection (a) 

12 as the Secretary considers appropriate. 

13 (d) EXPIRATION OF AUTHORITY.—The authority 

14 granted by subsection (a) shall expire at the end of the 

15 five-year period beginning on the date of the enactment 

16 of this Act. 

17 SEC. 1016. LIMITATION ON LEASING OF FOREIGN-BUILT 

18 VESSELS. 

19 (a) IN GENERAL.— 

20 (1) CONTRACTS FOR LEASES FOR MORE THAN

21 24 MONTHS.—Chapter 141 of title 10, United States 

22 Code, is amended by inserting after section 2401a 

23 the following new section: 
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1 ‘‘§ 2401b. Limitation on lease of foreign-built vessels 

2 ‘‘(a) LIMITATION.—The Secretary of a military de3 partment may not make a contract for a lease or charter 

4 of a vessel for a term of more than 24 months (including 

5 all options to renew or extend the contract) if the hull, 

6 or a component of the hull and superstructure of the ves7 sel, is constructed in a foreign shipyard. 

8 ‘‘(b) PRESIDENTIAL WAIVER FOR NATIONAL SECU9 RITY INTEREST.—(1) The President may authorize excep10 tions to the limitation in subsection (a) when the President 

11 determines that it is in the national security interest of 

12 the United States to do so. 

13 ‘‘(2) The President shall transmit notice to Congress 

14 of any such determination, and no contract may be made 

15 pursuant to the exception authorized until the end of the 

16 30-day period beginning on the date on which the notice 

17 of the determination is received by Congress.’’.(2) CLER18 ICAL AMENDMENT.—The table of sections at the begin19 ning of such chapter is amended by inserting after the 

20 item relating to section 2401a the following new item: 

‘‘2401b. Limitation on lease of foreign-built vessels.’’. 

21 (b) EFFECTIVE DATE.—Section 2401b of title 10, 

22 United States Code, as added by subsection (a), shall 

23 apply with respect to contracts entered into after the date 

24 of the enactment of this Act. 
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1 SEC. 1017. ESTABLISHMENT OF MEMORIAL TO U.S.S. OKLA2 HOMA. 

3 (a) IDENTIFICATION OF SITE FOR MEMORIAL.—The 

4 Secretary of the Navy, in consultation with the Secretary 

5 of the Interior, shall identify an appropriate site on Ford 

6 Island, Hawaii, for the location of a memorial to the 

7 U.S.S. Oklahoma, which was sunk during the attack on 

8 Pearl Harbor on December 7, 1941. 

9 (b) ESTABLISHMENT AND ADMINISTRATION.—After 

10 the site for the memorial is identified under subsection 

11 (a), the Secretary of the Interior shall establish and ad12 minister a memorial to the U.S.S. Oklahoma as part of 

13 the USS Arizona National Memorial, a unit of the Na14 tional Park System, in accordance with the laws and regu15 lations applicable to lands administered by the National 

16 Park Service. 

17 (c) MEMORIALIZATION PLAN.—Not later than one 

18 year after the date of the enactment of this Act, the Sec19 retary of the Navy shall submit to Congress a memori20 alization plan for the portion of Pearl Harbor where 

21 United States naval vessels were attacked on December 

22 7, 1941. The Secretary of the Navy shall prepare the plan 

23 in consultation with the Secretary of the Interior. 
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1 Subtitle C—Counter-Drug 

2 Activities 

3 SEC. 1021. EXTENSION OF DEPARTMENT OF DEFENSE AU4 THORITY TO SUPPORT COUNTER-DRUG AC5 TIVITIES. 

6 Section 1004(a) of the National Defense Authoriza7 tion Act for Fiscal Year 1991 (Public Law 101–510; 10 

8 U.S.C. 374 note), as amended by section 1021 of the Na9 tional Defense Authorization Act for Fiscal Year 2002 

10 (Public Law 107–107; 115 Stat. 1212), is amended by 

11 striking ‘‘2006’’ and inserting ‘‘2011’’. 

12 SEC. 1022. RESUMPTION OF REPORTING REQUIREMENT RE13 GARDING DEPARTMENT OF DEFENSE EX14 PENDITURES TO SUPPORT FOREIGN 

15 COUNTER-DRUG ACTIVITIES. 

16 (a) ADDITIONAL REPORT REQUIRED.—Section 1022 

17 of the Floyd D. Spence National Defense Authorization 

18 Act for Fiscal Year 2001 (as enacted into law by Public 

19 Law 106–398; 114 Stat. 1654A–255), as amended by sec20 tion 1022 of the National Defense Authorization Act for 

21 Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1215), 

22 is further amended by striking ‘‘January 1, 2001, and 

23 April 15, 2002,’’ and inserting ‘‘April 15, 2006,’’. 

24 (b) ADDITIONAL INFORMATION REQUIRED.—Such 

25 section is further amended— 
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1 (1) by redesignating paragraph (3) as para2 graph (4); and 

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

5 ‘‘(3) A description of each base of operation or 

6 training facility established, constructed, or operated 

7 using the assistance, including any minor construc8 tion projects carried out using such assistance, and 

9 the amount of assistance expended on base of oper10 ations and training facilities.’’. 

11 SEC. 1023. CLARIFICATION OF AUTHORITY FOR JOINT TASK 

12 FORCES TO SUPPORT LAW ENFORCEMENT 

13 AGENCIES CONDUCTING COUNTER-TER14 RORISM ACTIVITIES. 

15 Section 1022 of the National Defense Authorization 

16 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

17 1594) is amended— 

18 (1) by redesignating subsection (b) as sub19 section (c); and 

20 (2) by inserting after subsection (a) the fol21 lowing new subsection (b): 

22 ‘‘(b) AVAILABILITY OF FUNDS.—Funds available to 

23 a joint task force to support counter-drug activities may 

24 also be used to provide the counter-terrorism support au25 thorized by subsection (a).’’. 
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1 Subtitle D—Matters Related to 

2 Homeland Security 

3 SEC. 1031. RESPONSIBILITIES OF ASSISTANT SECRETARY 

4 OF DEFENSE FOR HOMELAND DEFENSE RE5 LATING TO NUCLEAR, CHEMICAL, AND BIO6 LOGICAL EMERGENCY RESPONSE. 

7 Subsection (a) of section 1413 of the Defense Against 

8 Weapons of Mass Destruction Act of 1996 (50 U.S.C. 

9 2313) is amended to read as follows: 

10 ‘‘(a) DEPARTMENT OF DEFENSE.—The Assistant 

11 Secretary of Defense for Homeland Defense is responsible 

12 for the coordination of Department of Defense assistance 

13 to Federal, State, and local officials in responding to 

14 threats involving nuclear, radiological, biological, chemical 

15 weapons, or high-yield explosives or related materials or 

16 technologies, including assistance in identifying, neutral17 izing, dismantling, and disposing of nuclear, radiological, 

18 biological, chemical weapons, and high-yield explosives and 

19 related materials and technologies.’’. 

20
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1 SEC. 1032. TESTING OF PREPAREDNESS FOR EMERGENCIES 

2 INVOLVING NUCLEAR, RADIOLOGICAL, CHEM3 ICAL, BIOLOGICAL, AND HIGH-YIELD EXPLO4 SIVES WEAPONS. 

5 (a) SECRETARY OF HOMELAND SECURITY FUNC6 TIONS.—Subsection (a) of section 1415 of the Defense 

7 Against Weapons of Mass Destruction Act of 1996 (50 

8 U.S.C. 2315) is amended— 

9 (1) in the subsection heading, by striking 

10 ‘‘CHEMICAL OR’’ and inserting ‘‘NUCLEAR, RADIO11 LOGICAL, CHEMICAL, OR’’; 

12 (2) in paragraph (1)— 

13 (A) by striking ‘‘Secretary of Defense’’ and 

14 inserting ‘‘Secretary of Homeland Security’’; 

15 and 

16 (B) by striking ‘‘biological weapons and re17 lated materials and emergencies involving ’’ and 

18 inserting ‘‘nuclear, radiological, biological, 

19 and’’; 

20 (3) in paragraph (2), by striking ‘‘during each 

21 of fiscal years 1997 through 2013’’ and inserting 

22 ‘‘in accordance with sections 102(c) and 430(c)(1) of 

23 the Homeland Security Act of 2002 (6 U.S.C. 

24 112(c), 238(c)(1))’’; and 

25 (4) in paragraph (3)— 
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1 (A) by inserting ‘‘the Secretary of De2 fense,’’ before ‘‘the Director of the Federal Bu3 reau of Investigation’’; and 

4 (B) by striking ‘‘the Director of the Fed5 eral Emergency Management Agency,’’. 

6 (b) REPEAL OF SECRETARY OF ENERGY FUNC7 TIONS.—Such section is further amended by striking sub8 section (b). 

9 (c) CONFORMING AMENDMENTS.—Subsection (c) of 

10 such section— 

11 (1) is redesignated as subsection (b); and 

12 (2) is amended— 

13 (A) in the first sentence, by striking ‘‘The 

14 official responsible for carrying out a program 

15 developed under subsection (a) or (b) shall re16 vise the program’’ and inserting ‘‘The Secretary 

17 of Homeland Security shall revise the program 

18 developed under subsection (a)’’; and 

19 (B) in the second sentence, by striking 

20 ‘‘the official’’ and inserting ‘‘the Secretary’’. 

21 (d) REPEAL OF OBSOLETE PROVISIONS.—Such sec22 tion is further amended by striking subsections (d) and 

23 (e). 
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1 SEC. 1033. DEPARTMENT OF DEFENSE CHEMICAL, BIOLOGI2 CAL, RADIOLOGICAL, NUCLEAR, AND HIGH3 YIELD EXPLOSIVES RESPONSE TEAMS. 

4 Section 1414 of the Defense Against Weapons of 

5 Mass Destruction Act of 1996 (50 U.S.C. 2314) is amend6 ed as follows: 

7 (1) The heading of such section is amended to 

8 read as follows: 

9 ‘‘SEC. 1414. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NU10 CLEAR, AND HIGH-YIELD EXPLOSIVES RE11 SPONSE TEAM.’’. 

12 (2) Subsection (a) of such section is amended 

13 by striking ‘‘or related materials’’ and inserting ‘‘ra14 diological, nuclear, and high-yield explosives’’. 

15 (3) Subsection (b) of such section is amended— 

16 (A) in the subsection heading, by striking 

17 ‘‘PLAN’’ and inserting ‘‘PLANS’’; 

18 (B) in the first sentence, by striking ‘‘Not 

19 later than’’ and all that follows through ‘‘re20 sponse plans and’’ and inserting ‘‘The Sec21 retary of Homeland Security shall incorporate 

22 into the National Response Plan prepared pur23 suant to section 502(6) of the Homeland Secu24 rity Act of 2002 (6 U.S.C. 312(6)), other exist25 ing Federal emergency response plans, and’’; 

26 and 
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1 (C) in the second sentence— 

2 (i) by striking ‘‘Director’’ and insert3 ing ‘‘Secretary of Homeland Security’’; 

4 and 

5 (ii) by striking ‘‘consultation’’ and in6 serting ‘‘coordination’’. 

7 SEC. 1034. REPEAL OF DEPARTMENT OF DEFENSE EMER8 GENCY RESPONSE ASSISTANCE PROGRAM. 

9 Section 1412 of the Defense Against Weapons of 

10 Mass Destruction Act of 1996 (50 U.S.C. 2312) is re11 pealed. 

12 SEC. 1035. ASSIGNMENT OF MEMBERS OF THE ARMED 

13 FORCES TO ASSIST BUREAU OF BORDER SE14 CURITY AND BUREAU OF CITIZENSHIP AND 

15 IMMIGRATION SERVICES OF THE DEPART16 MENT OF HOMELAND SECURITY. 

17 (a) ASSIGNMENT AUTHORITY OF SECRETARY OF DE18 FENSE.—Chapter 18 of title 10, United States Code, is 

19 amended by inserting after section 374 the following new 

20 section: 

21 ‘‘§ 374a. Assignment of members to assist border pa22 trol and control 

23 ‘‘(a) ASSIGNMENT AUTHORIZED.—Upon submission 

24 of a request consistent with subsection (b), the Secretary 
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1 of Defense may assign members of the Army, Navy, Air 

2 Force, and Marine Corps to assist— 

3 ‘‘(1) the Bureau of Border Security of the De4 partment of Homeland Security in preventing the 

5 entry of terrorists, drug traffickers, and illegal aliens 

6 into the United States; and 

7 ‘‘(2) the United States Customs Service of the 

8 Department of Homeland Security in the inspection 

9 of cargo, vehicles, and aircraft at points of entry 

10 into the United States to prevent the entry of weap11 ons of mass destruction, components of weapons of 

12 mass destruction, prohibited narcotics or drugs, or 

13 other terrorist or drug trafficking items. 

14 ‘‘(b) REQUEST FOR ASSIGNMENT.—The assignment 

15 of members under subsection (a) may occur only if— 

16 ‘‘(1) the assignment is at the request of the 

17 Secretary of Homeland Security; and 

18 ‘‘(2) the request is accompanied by a certifi19 cation by the Secretary of Homeland Security that 

20 the assignment of members pursuant to the request 

21 is necessary to respond to a threat to national secu22 rity posed by the entry into the United States of ter23 rorists, drug traffickers, or illegal aliens. 

24 ‘‘(c) TRAINING PROGRAM REQUIRED.—The Sec25 retary of Homeland Security and the Secretary of De-
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1 fense, shall establish a training program to ensure that 

2 members receive general instruction regarding issues af3 fecting law enforcement in the border areas in which the 

4 members may perform duties under an assignment under 

5 subsection (a). A member may not be deployed at a border 

6 location pursuant to an assignment under subsection (a) 

7 until the member has successfully completed the training 

8 program. 

9 ‘‘(d) CONDITIONS OF USE.—(1) Whenever a member 

10 who is assigned under subsection (a) to assist the Bureau 

11 of Border Security or the United States Customs Service 

12 is performing duties at a border location pursuant to the 

13 assignment, a civilian law enforcement officer from the 

14 agency concerned shall accompany the member. 

15 ‘‘(2) Nothing in this section shall be construed to— 

16 ‘‘(A) authorize a member assigned under sub17 section (a) to conduct a search, seizure, or other 

18 similar law enforcement activity or to make an ar19 rest; and 

20 ‘‘(B) supersede section 1385 of title 18 (popu21 larly known as the ‘Posse Comitatus Act’). 

22 ‘‘(e) ESTABLISHMENT OF ONGOING JOINT TASK

23 FORCES.—(1) The Secretary of Homeland Security may 

24 establish ongoing joint task forces if the Secretary of 

25 Homeland Security determines that the joint task force, 
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1 and the assignment of members to the joint task force, 

2 is necessary to respond to a threat to national security 

3 posed by the entry into the United States of terrorists, 

4 drug traffickers, or illegal aliens. 

5 ‘‘(2) If established, the joint task force shall fully 

6 comply with the standards as set forth in this section. 

7 ‘‘(f) NOTIFICATION REQUIREMENTS.—The Secretary 

8 of Homeland Security shall provide to the Governor of the 

9 State in which members are to be deployed pursuant to 

10 an assignment under subsection (a) and to local govern11 ments in the deployment area notification of the deploy12 ment of the members to assist the Department of Home13 land Security under this section and the types of tasks 

14 to be performed by the members. 

15 ‘‘(g) REIMBURSEMENT REQUIREMENT.—Section 377 

16 of this title shall apply in the case of members assigned 

17 under subsection (a).’’. 

18 (b) COMMENCEMENT OF TRAINING PROGRAM.—The 

19 training program required by subsection (b) of section 

20 374a of title 10, United States Code, shall be established 

21 as soon as practicable after the date of the enactment of 

22 this Act. 

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

24 at the beginning of such chapter is amended by inserting 
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1 after the item relating to section 374 the following new 

2 item: 

‘‘374a. Assignment of members to assist border patrol and control.’’. 

3 Subtitle E—Other Matters 

4 SEC. 1041. COMMISSION ON THE LONG-TERM IMPLEMENTA5 TION OF THE NEW STRATEGIC POSTURE OF 

6 THE UNITED STATES. 

7 (a) ESTABLISHMENT OF COMMISSION.— 

8 (1) ESTABLISHMENT.—There is hereby estab9 lished a commission to be known as the ‘‘Commis10 sion on the Long-Term Implementation of the New 

11 Strategic Posture of the United States’’. The Sec12 retary of Defense shall enter into a contract with a 

13 federally funded research and development center to 

14 provide for the organization, management, and sup15 port of the Commission. Such contract shall be en16 tered into in consultation with the Secretary of En17 ergy. The selection of the federally funded research 

18 and development center shall be subject to the ap19 proval of the chairman of the Commission. 

20 (2) COMPOSITION.—(A) The Commission shall 

21 be composed of 12 members who shall be appointed 

22 by the Secretary of Defense. In selecting individuals 

23 for appointment to the Commission, the Secretary of 

24 Defense shall consult with the chairman and ranking 

25 minority member of the Committee on Armed Serv-
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1 ices of the Senate and the chairman and ranking mi2 nority member of the Committee on Armed Services 

3 of the House of Representatives. 

4 (B) Members of the Commission shall be ap5 pointed from among private United States citizens 

6 with knowledge and expertise in the political, mili7 tary, operational, and technical aspects of nuclear 

8 strategy. 

9 (3) CHAIRMAN OF THE COMMISSION.—The Sec10 retary of Defense shall designate one of the mem11 bers of the Commission to serve as chairman of the 

12 Commission. 

13 (4) PERIOD OF APPOINTMENT; VACANCIES.— 

14 Members shall be appointed for the life of the Com15 mission. Any vacancy in the Commission shall be 

16 filled in the same manner as the original appoint17 ment. 

18 (5) SECURITY CLEARANCES.—All members of 

19 the Commission shall hold appropriate security 

20 clearances. 

21 (b) DUTIES OF COMMISSION.— 

22 (1) REVIEW OF LONG-TERM IMPLEMENTATION

23 OF THE NUCLEAR POSTURE REVIEW.—The Commis24 sion shall examine long-term programmatic require25 ments to achieve the goals set forth in the report of 
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1 the Secretary of Defense submitted to Congress on 

2 December 31, 2001, providing the results of the Nu3 clear Posture Review conducted pursuant to section 

4 1041 of the Floyd D. Spence National Defense Au5 thorization Act for Fiscal Year 2001 (as enacted 

6 into law by Public Law 106–398; 114 Stat. 1654, 

7 1654A–262) and results of periodic assessments of 

8 the Nuclear Posture Review. Matters examined by 

9 the Commission shall include the following: 

10 (A) The process of establishing require11 ments for strategic forces and how that process 

12 accommodates employment of nonnuclear strike 

13 platforms and munitions in a strategic role. 

14 (B) How strategic intelligence, reconnais15 sance, and surveillance requirements differ from 

16 nuclear intelligence, reconnaissance, and sur17 veillance requirements. 

18 (C) The ability of a limited number of 

19 strategic platforms to carry out a growing 

20 range of nonnuclear strategic strike missions. 

21 (D) The limits of tactical systems to per22 form nonnuclear global strategic missions in a 

23 prompt manner. 
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1 (E) An assessment of the ability of the 

2 current nuclear stockpile to address the evolving 

3 strategic threat environment through 2025. 

4 (2) RECOMMENDATIONS.—The Commission 

5 shall include in its report recommendations with re6 spect to the following: 

7 (A) Changes to the requirements process 

8 to employ nonnuclear strike platforms and mu9 nitions in a strategic role. 

10 (B) Changes to the nuclear stockpile and 

11 infrastructure required to preserve a nuclear ca12 pability commensurate with the changes to the 

13 strategic threat environment through 2025. 

14 (C) Actions the Secretary of Defense and 

15 the Secretary of Energy can take to preserve 

16 flexibility of the defense nuclear complex while 

17 reducing the cost of a Cold War strategic infra18 structure. 

19 (D) Identify shortfalls in the strategic 

20 modernization programs of the United States 

21 that would undermine the ability of the United 

22 States to develop new nonnuclear strategic 

23 strike capabilities. 

24 (3) COOPERATION FROM GOVERNMENT OFFI25 CIALS.—(A) In carrying out its duties, the Commis-
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1 sion shall receive the full and timely cooperation of 

2 the Secretary of Defense, the Secretary of Energy, 

3 and any other United States Government official in 

4 providing the Commission with analyses, briefings, 

5 and other information necessary for the fulfillment 

6 of its responsibilities. 

7 (B) The Secretary of Energy and the Secretary 

8 of Defense shall each designate at least one officer 

9 or employee of the Department of Energy and the 

10 Department of Defense, respectively, to serve as a li11 aison officer between the department and the Com12 mission. 

13 (c) REPORTS.— 

14 (1) COMMISSION REPORT.—The Commission 

15 shall submit to the Secretary of Defense and the 

16 Committees on Armed Services of the Senate and 

17 House of Representatives a report on the Commis18 sion’s findings and conclusions. Such report shall be 

19 submitted not later that 28 months after the date of 

20 the first meeting of the Commission. 

21 (2) SECRETARY OF DEFENSE RESPONSE.—Not 

22 later than one year after the date on which the Com23 mission submits its report under paragraph (1), the 

24 Secretary of Defense shall submit to Congress a re25 port— 
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1 (A) commenting on the Commission’s find2 ings and conclusions; and 

3 (B) explaining what actions, if any, the 

4 Secretary intends to take to implement the rec5 ommendations of the Commission and, with re6 spect to each such recommendation, the Sec7 retary’s reasons for implementing, or not imple8 menting, the recommendation. 

9 (d) HEARINGS AND PROCEDURES.— 

10 (1) HEARINGS.—The Commission may, for the 

11 purpose of carrying out the purposes of this section, 

12 hold hearings and take testimony. 

13 (2) PROCEDURES.—The federally funded re14 search and development center with which a contract 

15 is entered into under subsection (a)(1) shall be re16 sponsible for establishing appropriate procedures for 

17 the Commission. 

18 (3) DETAIL OF GOVERNMENT EMPLOYEES.— 

19 Upon request of the chairman of the Commission, 

20 the head of any Federal department or agency may 

21 detail, on a nonreimbursable basis, personnel of that 

22 department or agency to the Commission to assist it 

23 in carrying out its duties. 
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1 (e) FUNDING.—Funds for activities of the Commis2 sion shall be provided from amounts appropriated for the 

3 Department of Defense. 

4 (f) TERMINATION OF COMMISSION.—The Commis5 sion shall terminate 60 days after the date of the submis6 sion of its report under subsection (c)(1). 

7 (g) IMPLEMENTATION.— 

8 (1) FFRDC CONTRACT.—The Secretary of De9 fense shall enter into the contract required under 

10 subsection (a)(1) not later that 60 days after the 

11 date of the enactment of this Act. 

12 (2) FIRST MEETING.—The Commission shall 

13 convene its first meeting not later than 60 days 

14 after the date as of which all members of the Com15 mission have been appointed. 

16 SEC. 1042. REESTABLISHMENT OF EMP COMMISSION. 

17 (a) REESTABLISHMENT.—The commission estab18 lished pursuant to title XIV of the Floyd D. Spence Na19 tional Defense Authorization Act for Fiscal Year 2001 (as 

20 enacted into law by Public Law 106–398; 114 Stat. 

21 1654A–345), known as the Commission to Assess the 

22 Threat to the United States from Electromagnetic Pulse 

23 Attack, is hereby reestablished. 

24 (b) MEMBERSHIP.—The Commission as reestablished 

25 shall have the same membership as the Commission had 
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1 as of the date of the submission of the report of the Com2 mission pursuant to section 1403(a) of such Act, as in 

3 effect before the date of the enactment of this Act. Service 

4 on the Commission is voluntary, and Commissioners may 

5 elect to terminate their service on the Commission. 

6 (c) COMMISSION CHARTER DEFINED.—In this sec7 tion, the term ‘‘Commission charter’’ means title XIV of 

8 the Floyd D. Spence National Defense Authorization Act 

9 for Fiscal Year 2001 (as enacted into law by Public Law 

10 106–398; 114 Stat. 1654A–345 et seq.). 

11 (d) ESTABLISHMENT AND PURPOSE.—Section 1401 

12 of the Commission charter (114 Stat. 1654A–345) is 

13 amended— 

14 (1) by striking subsections (e) and (g); 

15 (2) by redesignating subsections (b), (c), and 

16 (d) as subsections (c), (d), and (e), respectively; 

17 (3) by inserting after subsection (a) the fol18 lowing new subsection (b): 

19 ‘‘(b) PURPOSE.—The purpose of the Commission is 

20 to monitor, investigate, make recommendations, and re21 port to Congress on the evolving threat to the United 

22 States from electromagnetic pulse (hereinafter in this title 

23 referred to as ‘EMP’) attack resulting from the detonation 

24 of a nuclear weapon or weapons at high altitude.’’; 
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1 (4) in subsection (c), as redesignated by para2 graph (2), by striking the second and third sen3 tences and inserting ‘‘In the event of a vacancy in 

4 the membership of the Commission, the Secretary of 

5 Defense shall appoint a new member.’’; and 

6 (5) in subsection (d), as redesignated by para7 graph (2), by striking ‘‘pulse (hereafter’’ and all 

8 that follows and inserting ‘‘pulse effects referred to 

9 in subsection (b).’’. 

10 (e) DUTIES OF COMMISSION.—Section 1402 of the 

11 Commission charter (114 Stat. 1654A–346) is amended 

12 to read as follows: 

13 ‘‘SEC. 1402. DUTIES OF COMMISSION. 

14 ‘‘The Commission shall on an ongoing basis assess 

15 the following: 

16 ‘‘(1) The nature and magnitude of potential 

17 EMP threats to the United States from terrorists 

18 and all other potentially hostile actors. 

19 ‘‘(2) The proliferation of technology relevant to 

20 the EMP threat. 

21 ‘‘(3) The vulnerability of electric-dependent 

22 military systems and other electric-dependent sys23 tems in the United States to an EMP attack, giving 

24 special attention to the progress, or lack of progress, 

25 by the Department of Defense, other Government 
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1 departments and agencies of the United States, and 

2 entities of the private sector in taking steps to pro3 tect such systems from such an attack.’’. 

4 (f) REPORT.—Section 1403 of the Commission char5 ter (114 Stat. 1654A–345) is amended to read as follows: 

6 ‘‘SEC. 1403. REPORTS. 

7 ‘‘(a) ANNUAL REPORT.—Not later than March 1 

8 each year (beginning in 2007 and ending three years 

9 later), the Commission shall submit to Congress an annual 

10 report providing the Commission’s current assessment of 

11 the matters specified in section 1402. 

12 ‘‘(b) ADDITIONAL REPORTS.—The Commission may 

13 submit to Congress additional reports at such other times 

14 as the Commission considers appropriate. 

15 ‘‘(c) CONTENT OF REPORTS.—Each annual report 

16 under subsection (a) shall include recommendations for 

17 any steps the Commission believes should be taken by the 

18 United States to better protect systems referred to in sec19 tion 1402(3) from an EMP attack.’’. 

20 (g) CLERICAL AMENDMENT.—The heading for sub21 section (c) of section 1405 of the Commission charter (114 

22 Stat. 1654A–347) is amended by striking ‘‘Commission’’ 

23 and inserting ‘‘Panels’’. 

24 (h) COMMISSION PERSONNEL MATTERS.—Section 

25 1406(c)(2) of the Commission charter (114 Stat. 1654A– 
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1 347) is amended by striking ‘‘for grade GS–15 of the Gen2 eral Schedule’’ and inserting ‘‘for senior level and sci3 entific or professional positions’’. 

4 (i) FUNDING.—Section 1408 of the Commission char5 ter (114 Stat. 1654A–348) is amended— 

6 (1) by inserting ‘‘for any fiscal year’’ after ‘‘ac7 tivities of the Commission’’; and 

8 (2) by striking ‘‘for fiscal year 2001’’ and in9 serting ‘‘for that fiscal year’’. 

10 (j) TERMINATION OF COMMISSION.—Section 1409 of 

11 the Commission charter (114 Stat. 1654A–348) is amend12 ed by striking ‘‘60 days’’ and all that follows through ‘‘sec13 tion 1403(a)’’ and inserting ‘‘on May 1, 2010’’. 

14 SEC. 1043. MODERNIZATION OF AUTHORITY RELATING TO 

15 SECURITY OF DEFENSE PROPERTY AND FA16 CILITIES. 

17 Section 21 of the Internal Security Act of 1950 (50 

18 U.S.C. 797) is amended to read as follows: 

19 ‘‘PENALTY FOR VIOLATION OF SECURITY REGULATIONS

20 AND ORDERS

21 ‘‘SEC. 21. (a) MISDEMEANOR VIOLATION OF DE22 FENSE PROPERTY SECURITY REGULATIONS.— 

23 ‘‘(1) MISDEMEANOR.—Whoever willfully violates 

24 any defense property security regulation shall be 

25 fined under title 18, United States Code, or impris26 oned not more than one year, or both. 
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1 ‘‘(2) DEFENSE PROPERTY SECURITY REGULA2 TION DESCRIBED.—For purposes of paragraph (1), 

3 a defense property security regulation is a property 

4 security regulation that, pursuant to lawful author5 ity— 

6 ‘‘(A) shall be or has been promulgated or 

7 approved by the Secretary of Defense (or by a 

8 military commander designated by the Sec9 retary of Defense or by a military officer, or a 

10 civilian officer or employee of the Department 

11 of Defense, holding a senior Department of De12 fense director position designated by the Sec13 retary of Defense) for the protection or security 

14 of Department of Defense property; or 

15 ‘‘(B) shall be or has been promulgated or 

16 approved by the Administrator of the National 

17 Aeronautics and Space Administration for the 

18 protection or security of NASA property. 

19 ‘‘(3) PROPERTY SECURITY REGULATION DE20 SCRIBED.—For purposes of paragraph (2), a prop21 erty security regulation, with respect to any prop22 erty, is a regulation— 

23 ‘‘(A) relating to fire hazards, fire protec24 tion, lighting, machinery, guard service, dis25 repair, disuse, or other unsatisfactory condi-
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1 tions on such property, or the ingress thereto or 

2 egress or removal of persons therefrom; or 

3 ‘‘(B) otherwise providing for safeguarding 

4 such property against destruction, loss, or in5 jury by accident or by enemy action, sabotage, 

6 or other subversive actions. 

7 ‘‘(4) DEFINITIONS.—In this subsection: 

8 ‘‘(A) DEPARTMENT OF DEFENSE PROP9 ERTY.—The term ‘Department of Defense 

10 property’ means covered property subject to the 

11 jurisdiction, administration, or in the custody of 

12 the Department of Defense, any Department or 

13 agency of which that Department consists, or 

14 any officer or employee of that Department or 

15 agency. 

16 ‘‘(B) NASA PROPERTY.—The term ‘NASA 

17 property’ means covered property subject to the 

18 jurisdiction, administration, or in the custody of 

19 the National Aeronautics and Space Adminis20 tration or any officer or employee thereof. 

21 ‘‘(C) COVERED PROPERTY.—The term 

22 ‘covered property’ means aircraft, airports, air23 port facilities, vessels, harbors, ports, piers, 

24 water-front facilities, bases, forts, posts, labora-
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1 tories, stations, vehicles, equipment, explosives, 

2 or other property or places. 

3 ‘‘(D) REGULATION AS INCLUDING

4 ORDER.—The term ‘regulation’ includes an 

5 order. 

6 ‘‘(b) POSTING.—Any regulation or order covered by 

7 subsection (a) shall be posted in conspicuous and appro8 priate places.’’. 

9 SEC. 1044. REVISION OF DEPARTMENT OF DEFENSE COUN10 TERINTELLIGENCE POLYGRAPH PROGRAM. 

11 (a) IN GENERAL.—Section 1564a of title 10, United 

12 States Code, is amended to read as follows: 

13 ‘‘§ 1564a. Counterintelligence polygraph program 

14 ‘‘(a) AUTHORITY FOR PROGRAM.—The Secretary of 

15 Defense may carry out a program for the administration 

16 of counterintelligence polygraph examinations to persons 

17 described in subsection (b). The program shall be con18 ducted in accordance with the standards specified in sub19 section (e). 

20 ‘‘(b) PERSONS COVERED.—Except as provided in 

21 subsection (d), the following persons, if their duties are 

22 described in subsection (c), are subject to this section: 

23 ‘‘(1) Military and civilian personnel of the De24 partment of Defense. 

25 ‘‘(2) Personnel of defense contractors. 
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1 ‘‘(3) A person assigned or detailed to the De2 partment of Defense. 

3 ‘‘(4) An applicant for a position in the Depart4 ment of Defense. 

5 ‘‘(c) COVERED TYPES OF DUTIES.—The Secretary of 

6 Defense may provide, under standards established by the 

7 Secretary, that a person described in subsection (b) is sub8 ject to this section if that person’s duties involve— 

9 ‘‘(1) access to information that— 

10 ‘‘(A) has been classified at the level of top 

11 secret; or 

12 ‘‘(B) is designated as being within a spe13 cial access program under section 4.4(a) of Ex14 ecutive Order No. 12958 (or a successor Execu15 tive order); or 

16 ‘‘(2) assistance in an intelligence or military 

17 mission in a case in which the unauthorized disclo18 sure or manipulation of information, as determined 

19 under standards established by the Secretary of De20 fense, could reasonably be expected to— 

21 ‘‘(A) jeopardize human life or safety; 

22 ‘‘(B) result in the loss of unique or unique23 ly productive intelligence sources or methods 

24 vital to United States security; or 
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1 ‘‘(C) compromise technologies, operational 

2 plans, or security procedures vital to the stra3 tegic advantage of the United States and its al4 lies. 

5 ‘‘(d) EXCEPTIONS FROM COVERAGE FOR CERTAIN

6 INTELLIGENCE AGENCIES AND FUNCTIONS.—This section 

7 does not apply to the following persons: 

8 ‘‘(1) A person assigned or detailed to the Cen9 tral Intelligence Agency or to an expert or consult10 ant under a contract with the Central Intelligence 

11 Agency. 

12 ‘‘(2) A person who is— 

13 ‘‘(A) employed by or assigned or detailed 

14 to the National Security Agency; 

15 ‘‘(B) an expert or consultant under con16 tract to the National Security Agency; 

17 ‘‘(C) an employee of a contractor of the 

18 National Security Agency; or 

19 ‘‘(D) a person applying for a position in 

20 the National Security Agency. 

21 ‘‘(3) A person assigned to a space where sen22 sitive cryptographic information is produced, proc23 essed, or stored. 

24 ‘‘(4) A person employed by, or assigned or de25 tailed to, an office within the Department of Defense 
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1 for the collection of specialized national foreign intel2 ligence through reconnaissance programs or a con3 tractor of such an office. 

4 ‘‘(e) STANDARDS.—(1) Polygraph examinations con5 ducted under this section shall comply with all applicable 

6 laws and regulations. 

7 ‘‘(2) Such examinations may be authorized for any 

8 of the following purposes: 

9 ‘‘(A) To assist in determining the initial eligi10 bility for duties described in subsection (c) of, and 

11 aperiodically thereafter, on a random basis, to assist 

12 in determining the continued eligibility of, persons 

13 described in subsections (b) and (c). 

14 ‘‘(B) With the consent of, or upon the request 

15 of, the examinee, to— 

16 ‘‘(i) resolve serious credible derogatory in17 formation developed in connection with a per18 sonnel security investigation; or 

19 ‘‘(ii) exculpate him- or herself of allega20 tions or evidence arising in the course of a 

21 counterintelligence or personnel security inves22 tigation. 

23 ‘‘(C) To assist, in a limited number of cases 

24 when operational exigencies require the immediate 

25 use of a person’s services before the completion of 
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1 a personnel security investigation, in determining 

2 the interim eligibility for duties described in sub3 section (c) of the person. 

4 ‘‘(3) Polygraph examinations conducted under this 

5 section shall provide adequate safeguards, prescribed by 

6 the Secretary of Defense, for the protection of the rights 

7 and privacy of persons subject to this section under sub8 section (b) who are considered for or administered poly9 graph examinations under this section. Such safeguards 

10 shall include the following: 

11 ‘‘(A) The examinee shall receive timely notifica12 tion of the examination and its intended purpose 

13 and may only be given the examination with the con14 sent of the examinee. 

15 ‘‘(B) The examinee shall be advised of the 

16 examinee’s right to consult with legal counsel. 

17 ‘‘(C) All questions asked concerning the matter 

18 at issue, other than technical questions necessary to 

19 the polygraph technique, must have a relevance to 

20 the subject of the inquiry. 

21 ‘‘(f) OVERSIGHT.—(1) The Secretary shall establish 

22 a process to monitor responsible and effective application 

23 of polygraph examinations within the Department of De24 fense. 
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1 ‘‘(2) The Secretary shall make information on the use 

2 of polygraphs within the Department of Defense available 

3 to the congressional defense committees. 

4 ‘‘(g) POLYGRAPH RESEARCH PROGRAM.—The Sec5 retary shall carry out a continuing research program to 

6 support the polygraph examination activities of the De7 partment of Defense. The program shall include the fol8 lowing: 

9 ‘‘(1) An on-going evaluation of the validity of 

10 polygraph techniques used by the Department. 

11 ‘‘(2) Research on polygraph countermeasures 

12 and anti- countermeasures. 

13 ‘‘(3) Developmental research on polygraph tech14 niques, instrumentation, and analytic methods.’’. 

15 (b) EFFECTIVE DATE; IMPLEMENTATION.—The 

16 amendment made by subsection (a) shall apply with re17 spect to polygraph examinations administered beginning 

18 on the date of the enactment of this Act. 

19 SEC. 1045. REPEAL OF REQUIREMENT FOR REPORT TO 

20 CONGRESS REGARDING GLOBAL STRIKE CA21 PABILITY. 

22 (a) REPEAL OF REQUIREMENT FOR ANNUAL UP23 DATE TO PLAN FOR GLOBAL STRIKE CAPABILITY.—Sub24 section (a) of section 1032 of the National Defense Au25 thorization Act for Fiscal Year 2004 (Public Law 108– 
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1 136; 117 Stat. 1605; 10 U.S.C. 113 note) is amended by 

2 striking the second sentence. 

3 (b) REPEAL OF 2006 REPORT REQUIREMENT.—Sub4 section (b)(1) of such section is amended by striking ‘‘, 

5 2005, and 2006’’ and inserting ‘‘and 2005’’. 

6 SEC. 1046. TECHNICAL AND CLERICAL AMENDMENTS. 

7 (a) AMENDMENTS RELATING TO DEFINITION OF

8 CONGRESSIONAL DEFENSE COMMITTEES.— 

9 (1) Chapter 169 of title 10, United States 

10 Code, is amended as follows: 

11 (A) Paragraph (4) of section 2801(c) is 

12 amended to read as follows: 

13 ‘‘(4) The term ‘congressional defense commit14 tees’ includes, with respect to any project to be car15 ried out by, or for the use of, an intelligence compo16 nent of the Department of Defense— 

17 ‘‘(A) the Permanent Select Committee on 

18 Intelligence of the House of Representatives; 

19 and 

20 ‘‘(B) the Select Committee on Intelligence 

21 of the Senate.’’. 

22 (B) The following sections are amended by 

23 striking ‘‘appropriate committees of Congress’’ 

24 each place it appears and inserting ‘‘congres25 sional defense committees’’: sections 2803(b), 
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1 2804(b), 2805(b)(2), 2806(c)(2), 2807(b), 

2 2807(c), 2808(b), 2809(f)(1), 2811(d), 

3 2812(c)(1)(A), 2813(c), 2814(a)(2)(A), 

4 2814(g)(1), 2825(b)(1), 2827(b), 2828(f), 

5 2837(c)(2), 2853(c)(2), 2854(b), 2854a(c)(1), 

6 2865(e)(2), 2866(c)(2), 2875(e), 2881a(d)(2), 

7 2881a(e), 2883(f), and 2884(a). 

8 (C) Section 2835 is amended by adding at 

9 the end the following new subsection: 

10 ‘‘(i) APPROPRIATE COMMITTEES OF CONGRESS DE11 FINED.—In this section, the term ‘appropriate committees 

12 of Congress’ means the congressional defense committees 

13 and, with respect to the Coast Guard, the Committee on 

14 Transportation and Infrastructure of the House of Rep15 resentatives and the Committee on Commerce, Science, 

16 and Transportation of the Senate.’’. 

17 (D) Section 2836 is amended by adding at 

18 the end the following new subsection: 

19 ‘‘(h) APPROPRIATE COMMITTEES OF CONGRESS DE20 FINED.—In this section, the term ‘appropriate committees 

21 of Congress’ means the congressional defense committees 

22 and, with respect to the Coast Guard, the Committee on 

23 Transportation and Infrastructure of the House of Rep24 resentatives and the Committee on Commerce, Science, 

25 and Transportation of the Senate.’’. 
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1 (2) Section 2694a of such title is amended— 

2 (A) in subsection (e), by striking ‘‘appro3 priate committees of Congress’’ and inserting 

4 ‘‘congressional defense committees’’; and 

5 (B) in subsection (i), by striking para6 graph (1) and redesignating paragraphs (2), 

7 (3), and (4) as paragraphs (1), (2), and (3), re8 spectively. 

9 (b) AMENDMENTS RELATING TO DEFINITION OF

10 BASE CLOSURE LAWS.— 

11 (1) Section 2694a(i) of title 10, United States 

12 Code, is amended by striking paragraph (2). 

13 (2) Paragraph (1) of section 1333(i) of the Na14 tional Defense Authorization Act for Fiscal Year 

15 1994 (Public Law 103–160; 10 U.S.C. 2701 note) 

16 is amended to read as follows: 

17 ‘‘(1) BASE CLOSURE LAW.—The term ‘base clo18 sure law’ has the meaning given such term in section 

19 101(a)(17) of title 10, United States Code.’’. 

20 (3) Subsection (b) of section 2814 of the Mili21 tary Construction Authorization Act for Fiscal Year 

22 1995 (division B of Public Law 103–337; 10 U.S.C. 

23 2687 note) is amended to read as follows: 

24 ‘‘(b) BASE CLOSURE LAW DEFINED.—In this sec25 tion, the term ‘base closure law’ has the meaning given 
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1 such term in section 101(a)(17) of title 10, United States 

2 Code.’’. 

3 (4) Subsection (c) of section 3341 of title 5, 

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

5 ‘‘(c) For purposes of this section, the term ‘base clo6 sure law’ has the meaning given such term in section 

7 101(a)(17) of title 10.’’. 

8 (5) Chapter 5 of title 40, United States Code, 

9 is amended— 

10 (A) in section 554(a)(1), by striking 

11 ‘‘means’’ and all that follows and inserting ‘‘has 

12 the meaning given that term in section 

13 101(a)(17) of title 10.’’; and 

14 (B) in section 572(b)(1)(B), by striking 

15 ‘‘section 2667(h)(2)’’ and inserting ‘‘section 

16 101(a)(17) of title 10’’. 

17 (6) The Act of November 13, 2000, entitled 

18 ‘‘An Act to Amend the Organic Act of Guam, and 

19 for other purposes’’ (Public Law 106–504, 114 Stat. 

20 2309) is amended by striking paragraph (2) of sec21 tion 1(c) and inserting the following new paragraph 

22 (2): 

23 ‘‘(2) The term ‘base closure law’ has the mean24 ing given such term in section 101(a)(17) of title 10, 

25 United States Code.’’. 
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1 (c) DEFINITION OF STATE FOR PURPOSES OF SEC2 TION 2694A.—Subsection (i) of section 2694a of title 10, 

3 United States Code, as amended by subsections (a)(2)(B) 

4 and (b)(1), is further amended— 

5 (1) by redesignating paragraphs (3) and (4) as 

6 paragraphs (1) and (2), respectively; and 

7 (2) in paragraph (2), as so redesignated, by 

8 striking ‘‘and the territories and possessions of the 

9 United States’’ and inserting ‘‘, Guam, the Virgin 

10 Islands, and American Samoa’’. 

11 (d) OTHER MISCELLANEOUS CORRECTIONS TO

12 TITLE 10, UNITED STATES CODE.—Title 10, United 

13 States Code, is amended as follows: 

14 (1) Section 101(e)(4)(B)(ii) is amended by 

15 striking the comma after ‘‘bulk explosives’’. 

16 (2) Section 127b(d)(1) is amended by striking 

17 ‘‘polices’’ in the second sentence and inserting ‘‘poli18 cies’’. 

19 (3) Section 1732 is amended— 

20 (A) in subsection (c)— 

21 (i) by striking ‘‘(b)(2)(A) and 

22 (b)(2)(B)’’ in paragraphs (1) and (2) and 

23 inserting ‘‘(b)(1)(A) and (b)(1)(B)’’; and 

24 (ii) by striking paragraph (3); and 
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1 (B) in subsection (d)(2), by striking 

2 ‘‘(b)(2)(A)(ii)’’ and inserting ‘‘(b)(1)(A)(ii)’’. 

3 (4) Section 2410n(b) is amended by striking 

4 ‘‘compeititon’’ in the second sentence and inserting 

5 ‘‘competition’’. 

6 (5) Section 2507(d) is amended by striking 

7 ‘‘section (a)’’ and inserting ‘‘subsection (a)’’. 

8 (6) Section 2665(a) is amended by striking 

9 ‘‘under section 2664 of this title’’. 

10 (7) Section 2703(b) is amended by striking 

11 ‘‘The terms ‘unexploded ordnance’, ‘discarded mili12 tary munitions’, and’’ and inserting ‘‘In this sub13 section, the terms ‘discarded military munitions’ 

14 and’’. 

15 (8) Section 2773a(a) is amended by inserting 

16 ‘‘by’’ after ‘‘incorrect payment made’’ in the first 

17 sentence. 

18 (9) Section 2801(d) is amended by striking 

19 ‘‘sections 2830 and 2835’’ and inserting ‘‘sections 

20 2830, 2835, and 2836 of this chapter’’. 

21 (10) Section 2881a(f) is amended by striking 

22 ‘‘Notwithstanding section 2885 of this title, the’’ 

23 and inserting ‘‘The’’. 
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1 (11) Section 3084 is amended by striking the 

2 semicolon in the section heading and inserting a 

3 colon. 

4 (e) RONALD W. REAGAN NATIONAL DEFENSE AU5 THORIZATION ACT FOR FISCAL YEAR 2005.—The Bob 

6 Stump National Defense Authorization Act for Fiscal 

7 Year 2003 (Public Law 108–375) is amended as follows: 

8 (1) Section 513(c)(2)(C) (118 Stat. 1881) is 

9 amended by striking ‘‘404(a)(4)’’ and inserting 

10 ‘‘416(a)(4)’’. 

11 (2) Section 1105(h) (118 Stat. 2075) is amend12 ed by striking ‘‘(21 U.S.C.’’ and inserting ‘‘(20 

13 U.S.C.’’. 

14 (f) BOB STUMP NATIONAL DEFENSE AUTHORIZA15 TION ACT FOR FISCAL YEAR 2003.—The Bob Stump Na16 tional Defense Authorization Act for Fiscal Year 2003 

17 (Public Law 107–314) is amended as follows: 

18 (1) Section 314 (116 Stat. 2508) is amended— 

19 (A) in subsection (d), by striking ‘‘(40 

20 U.S.C.’’ and inserting ‘‘(42 U.S.C.’’; and 

21 (B) in subsection (e)(2), by striking ‘‘(40 

22 U.S.C.’’ and inserting ‘‘(42 U.S.C.)’’. 

23 (2) Section 635(a) (116 Stat. 2574) is amended 

24 by inserting ‘‘the first place it appears’’ after ‘‘by 

25 striking ‘a claim’ ’’. 
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1 (g) NATIONAL DEFENSE AUTHORIZATION ACT FOR

2 FISCAL YEAR 1994.—Section 1605(a)(4) of the National 

3 Defense Authorization Act for Fiscal Year 1994 (22 

4 U.S.C. 2751 note) is amended by striking ‘‘Logisitics’’ in 

5 the first sentence and inserting ‘‘Logistics’’. 

6 (h) TITLE 38, UNITED STATES CODE.—Section 

7 8111(b)(1) of title 38, United States Code, is amended 

8 by inserting ‘‘of 1993’’ after ‘‘the Government Perform9 ance and Results Act’’. 

10 SEC. 1047. DELETION OF OBSOLETE DEFINITIONS IN TI11 TLES 10 AND 32, UNITED STATES CODE. 

12 (a) DELETING OBSOLETE DEFINITION OF ‘‘TERRI13 TORY’’ IN TITLE 10.—Title 10, United States Code, is 

14 amended as follows: 

15 (1) Section 101(a) is amended by striking para16 graph (2). 

17 (2) The following sections are amended by 

18 striking the terms ‘‘Territory or’’, ‘‘or Territory’’, ‘‘a 

19 Territorial Department,’’, ‘‘or a Territory’’, ‘‘Terri20 tory and’’, ‘‘its Territories,’’, and ‘‘and Territories’’ 

21 each place they appear: sections 101(a)(3), 332, 

22 822, 1072, 1103, 2671, 3037, 5148, 8037, 8074, 

23 12204, and 12642. 

24 (3) The following sections are amended by 

25 striking the terms ‘‘Territory,’’ and ‘‘Territories,’’ 
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1 each place they appear: sections 849, 858, 888, 

2 2668, 2669, 7545, and 9773. 

3 (4) Section 808 is amended by striking ‘‘Terri4 tory, Commonwealth, or possession,’’ and inserting 

5 ‘‘Commonwealth, possession,’’. 

6 (5) The following sections are amended are by 

7 striking ‘‘Territories, Commonwealths, or posses8 sions’’ each place it appears and inserting ‘‘Com9 monwealths or possessions’’: sections 846, 847, 

10 2734, 3062, 3074, 4747, 4778, 5986, 7652, 7653, 

11 8062, 9778, and 12406. 

12 (6) The following sections are amended by 

13 striking ‘‘Territories, Commonwealths, and posses14 sions’’ each place it appears and inserting ‘‘Com15 monwealths and possessions’’: sections 3062, 3074, 

16 4747, 4778, 8062, and 9778. 

17 (7) Section 312 is amended by striking ‘‘States 

18 and Territories, and Puerto Rico’’ and inserting 

19 ‘‘States, the Commonwealth of Puerto Rico, Guam, 

20 and the Virgin Islands’’. 

21 (8) Section 335 is amended by striking ‘‘the 

22 unincorporated territories of’’. 

23 (9) Sections 4301 and 9301 are amended by 

24 striking ‘‘State or Territory, Puerto Rico, or the 

25 District of Columbia’’ each place it appears and in-
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1 serting ‘‘State, the Commonwealth of Puerto Rico, 

2 the District of Columbia, Guam, or the Virgin Is3 lands’’. 

4 (10) Sections 4685 and 9685 are amended by 

5 striking ‘‘State or Territory concerned’’ each place it 

6 appears and inserting ‘‘State concerned or Guam or 

7 the Virgin Islands’’ and by striking ‘‘State and Ter8 ritorial’’ each place it appears and inserting ‘‘State, 

9 Guam, and the Virgin Islands’’. 

10 (11) Section 7851 is amended by striking 

11 ‘‘States, the Territories, and the District of Colum12 bia’’ and inserting ‘‘States, the District of Columbia, 

13 Guam, and the Virgin Islands’’. 

14 (12) Section 7854 is amended by striking ‘‘any 

15 State, any Territory, or the District of Columbia’’ 

16 and inserting ‘‘any State, the District of Columbia, 

17 Guam, or the Virgin Islands’’. 

18 (b) DELETING OBSOLETE DEFINITION OF ‘‘TERRI19 TORY’’ IN TITLE 32.—Title 32, United States Code, is 

20 amended as follows: 

21 (1) Paragraph (1) of section 101 is amended to 

22 read as follows: 

23 ‘‘(1) For purposes of other laws relating to the 

24 militia, the National Guard, the Army National 

25 Guard of the United States, and the Air National 
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1 Guard of the United States, the term ‘Territory’ in2 cludes Guam and the Virgin Islands.’’. 

3 (2) Sections 103, 104(c), 314, 315, 708(d), and 

4 711 are amended by striking ‘‘State and Territory, 

5 Puerto Rico and the District of Columbia’’ and 

6 ‘‘State or Territory, Puerto Rico, and the District of 

7 Columbia’’ each place they appear and inserting 

8 ‘‘State, the Commonwealth of Puerto Rico, the Dis9 trict of Columbia, Guam, and the Virgin Islands’’. 

10 (3) Sections 104(d), 107, 109, 503, 703, 704, 

11 710, and 712 are amended by striking ‘‘State or 

12 Territory, Puerto Rico or the District of Columbia’’ 

13 and ‘‘State or Territory, Puerto Rico, the Virgin Is14 lands or the District of Columbia’’ each place they 

15 appear and inserting ‘‘State, the Commonwealth of 

16 Puerto Rico, the District of Columbia, Guam, or the 

17 Virgin Islands’’. 

18 (4) Sections 104(a), 505, 702(a), and 708(a) 

19 are amended by striking ‘‘State or Territory and 

20 Puerto Rico’’ and ‘‘State or Territory, Puerto Rico’’ 

21 each place they appear and inserting ‘‘State, the 

22 Commonwealth of Puerto Rico, Guam, and the Vir23 gin Islands’’. 

24 (5) Section 324 is amended by striking ‘‘State 

25 or Territory of whose National Guard he is a mem-
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1 ber, or by the laws of Puerto Rico, or the District 

2 of Columbia, if he is a member of its National 

3 Guard’’ and inserting ‘‘State of whose National 

4 Guard he is a member, or by the laws of the Com5 monwealth of Puerto Rico, or the District of Colum6 bia, Guam, or the Virgin Islands, whose National 

7 Guard he is a member’’. 

8 (6) Section 325 is amended by striking ‘‘State 

9 or Territory, or of Puerto Rico’’ and ‘‘State or Ter10 ritory or Puerto Rico’’ each place they appear and 

11 inserting ‘‘State, or of the Commonwealth of Puerto 

12 Rico, Guam, or the Virgin Islands’’. 

13 (7) Sections 326, 327, and 501 are amended by 

14 striking ‘‘States and Territories, Puerto Rico, and 

15 the District of Columbia’’ each place it appears and 

16 inserting ‘‘States, the Commonwealth of Puerto 

17 Rico, the District of Columbia, Guam, and the Vir18 gin Islands’’. 

19 SEC. 1048. SENSE OF CONGRESS RECOGNIZING THE DIVER20 SITY OF THE MEMBERS OF THE ARMED 

21 FORCES KILLED IN OPERATION IRAQI FREE22 DOM AND OPERATION ENDURING FREEDOM 

23 AND HONORING THEIR SACRIFICES AND THE 

24 SACRIFICES OF THEIR FAMILIES. 

25 (a) FINDINGS.—Congress finds the following: 
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1 (1) Over 1,500 members of the United States 

2 Armed Forces have been killed while serving in Op3 eration Iraqi Freedom and Operation Enduring 

4 Freedom. 

5 (2) The members of the Armed Forces killed in 

6 Operation Iraqi Freedom and Operation Enduring 

7 Freedom came from diverse ethnic backgrounds. 

8 (3) All of these members of the Armed Forces 

9 lost their lives defending the cause of freedom, de10 mocracy, and liberty. 

11 (4) Diversity is an essential part of the strength 

12 of the Armed Forces, in which members having dif13 ferent ethnic backgrounds and faiths share the same 

14 goal of defending the cause of freedom, democracy, 

15 and liberty. 

16 (5) The Armed Forces are representative of the 

17 diverse culture and backgrounds that make the 

18 United States a great nation. 

19 (b) SENSE OF CONGRESS.—It is the sense of Con20 gress that the United States should— 

21 (1) recognize and celebrate the diversity of the 

22 Armed Forces; and 

23 (2) recognize and honor the sacrifices being 

24 made by the diverse members of the Armed Forces 

25 and their families in the war against terrorism. 
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1 SEC. 1049. DEPARTMENT OF DEFENSE SUPPORT FOR 

2 YOUTH ORGANIZATIONS, INCLUDING THE 

3 BOY SCOUTS OF AMERICA. 

4 (a) SUPPORT FOR YOUTH ORGANIZATIONS.—No 

5 Federal law (including any rule, regulation, directive, in6 struction, or order) shall be construed to limit the Depart7 ment of Defense from providing any form of support de8 scribed in subsection (b) to a youth organization (includ9 ing the Boy Scouts of America and any group officially 

10 affiliated with the Boy Scouts of America) described in 

11 part B of subtitle II of title 36, United States Code, that 

12 is intended to serve individuals under the age of 21 years 

13 that would result in the Department of Defense providing 

14 less support to that youth organization than was provided 

15 by the Department of Defense during each of the pre16 ceding four fiscal years. 

17 (b) TYPES OF SUPPORT.—Support referred to in sub18 section (a) includes— 

19 (1) holding meetings, camping events, or other 

20 activities on defense property; and 

21 (2) hosting any official event of the youth orga22 nization. 
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1 SEC. 1050. PRESERVATION OF INFORMATION AND 

2 RECORDS PERTAINING TO RADIOACTIVE 

3 FALLOUT. 

4 (a) PROHIBITION OF DESTRUCTION OF CERTAIN

5 DOCUMENTS.—The Secretary of Defense may not destroy 

6 any document in the custody or control of the Department 

7 of Defense that is a historical record (or part of a histor8 ical record) relating to radioactive fallout from the testing 

9 of any nuclear device. 

10 (b) PRESERVATION AND PUBLICATION OF INFORMA11 TION.—The Secretary of Defense shall identify, preserve, 

12 and publish information contained in documents referred 

13 to in subsection (a). 

14 SEC. 1051. SPECIAL IMMIGRANT STATUS FOR PERSONS 

15 SERVING AS TRANSLATORS WITH UNITED 

16 STATES ARMED FORCES. 

17 (a) IN GENERAL.—For purposes of the Immigration 

18 and Nationality Act (8 U.S.C. 1101 et seq.), subject to 

19 subsection (c)(1), the Secretary of Homeland Security 

20 may provide an alien described in subsection (b) with the 

21 status of a special immigrant under section 101(a)(27) of 

22 such Act (8 U.S.C. 1101(a)(27)), if the alien— 

23 (1) files with the Secretary of Homeland Secu24 rity a petition under section 204 of such Act (8 

25 U.S.C. 1154) for classification under section 

26 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); and 
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1 (2) is otherwise eligible to receive an immigrant 

2 visa and is otherwise admissible to the United States 

3 for permanent residence, except in determining such 

4 admissibility, the grounds for inadmissibility speci5 fied in section 212(a)(4) of such Act (8 U.S.C. 

6 1182(a)(4)) shall not apply. 

7 (b) ALIENS DESCRIBED.— 

8 (1) PRINCIPAL ALIENS.—An alien is described 

9 in this subsection if the alien— 

10 (A) is a national of Iraq or Afghanistan; 

11 (B) worked directly with United States 

12 Armed Forces as a translator for a period of at 

13 least 12 months; 

14 (C) obtained a favorable written rec15 ommendation from the first general or flag offi16 cer in the chain of command of the United 

17 States Armed Forces unit that was supported 

18 by the alien; and 

19 (D) prior to filing the petition described in 

20 subsection (a)(1), cleared a background check 

21 and screening, as determined by the first gen22 eral or flag officer in the chain of command of 

23 the United States Armed Forces unit that was 

24 supported by the alien. 
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1 (2) SPOUSES AND CHILDREN.—An alien is de2 scribed in this subsection if the alien is the spouse 

3 or child of a principal alien described in paragraph 

4 (1), and is following or accompanying to join the 

5 principal alien. 

6 (c) NUMERICAL LIMITATIONS.— 

7 (1) IN GENERAL.—The total number of prin8 cipal aliens who may be provided special immigrant 

9 status under this section during any fiscal year shall 

10 not exceed 50. 

11 (2) COUNTING AGAINST SPECIAL IMMIGRANT

12 CAP.—For purposes of the application of sections 

13 201 through 203 of the Immigration and Nationality 

14 Act (8 U.S.C. 1151–1153) in any fiscal year, aliens 

15 eligible to be provided status under this section shall 

16 be treated as special immigrants described in section 

17 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who 

18 are not described in subparagraph (A), (B), (C), or 

19 (K) of such section. 

20 (d) APPLICATION OF IMMIGRATION AND NATION21 ALITY ACT PROVISIONS.—The definitions in subsections 

22 (a) and (b) of section 101 of the Immigration and Nation23 ality Act (8 U.S.C. 1101) shall apply in the administration 

24 of this section. 
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1 TITLE XI—CIVILIAN PERSONNEL 

2 MATTERS 

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. Authority for heads of agencies to allow shorter length of required 

service by Federal employees after completion of training. 

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

Federal civilian employees. 

Sec. 1106. Transportation of family members incident to repatriation of Federal employees held captive. 

Sec. 1107. Permanent extension of Science, Mathematics, and Research for 

Transformation (SMART) Defense Education Program. 

Sec. 1108. 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. 

3 SEC. 1101. EXTENSION OF ELIGIBILITY TO CONTINUE FED4 ERAL EMPLOYEE HEALTH BENEFITS. 

5 Section 8905a(d)(4)(B) of title 5, United States 

6 Code, is amended— 

7 (1) in clause (i), by striking ‘‘October 1, 2006’’ 

8 and inserting ‘‘October 1, 2010’’; and 

9 (2) in clause (ii)— 

10 (A) by striking ‘‘February 1, 2007’’ and 

11 inserting ‘‘February 1, 2011’’; and 

12 (B) by striking ‘‘October 1, 2006’’ and in13 serting ‘‘October 1, 2010’’. 
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1 SEC. 1102. EXTENSION OF DEPARTMENT OF DEFENSE VOL2 UNTARY REDUCTION IN FORCE AUTHORITY. 

3 Section 3502(f)(5) of title 5, United States Code, is 

4 amended by striking ‘‘September 30, 2005’’ and inserting 

5 ‘‘September 30, 2010’’. 

6 SEC. 1103. EXTENSION OF AUTHORITY TO MAKE LUMP SUM 

7 SEVERANCE PAYMENTS. 

8 Section 5595(i)(4) of title 5, United States Code, is 

9 amended by striking ‘‘October 1, 2006’’ and inserting 

10 ‘‘October 1, 2010’’. 

11 SEC. 1104. AUTHORITY FOR HEADS OF AGENCIES TO 

12 ALLOW SHORTER LENGTH OF REQUIRED 

13 SERVICE BY FEDERAL EMPLOYEES AFTER 

14 COMPLETION OF TRAINING. 

15 Section 4108 of title 5, United States Code, is 

16 amended— 

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

18 subsections (c) and (d); 

19 (2) by striking ‘‘subsection (b)’’ in subsection 

20 (d) (as so redesignated) and inserting ‘‘subsection 

21 (c)’’; and 

22 (3) by inserting after subsection (a) the fol23 lowing new subsection (b): 

24 ‘‘(b) The head of an agency that authorized training 

25 for an employee may require a period of service for the 

26 employee that is shorter than the period required under 
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1 subsection (a)(1) if the head of the agency determines it 

2 is in the best interests of the agency to require a shorter 

3 period.’’. 

4 SEC. 1105. AUTHORITY TO WAIVE ANNUAL LIMITATION ON 

5 TOTAL COMPENSATION PAID TO FEDERAL CI6 VILIAN EMPLOYEES. 

7 (a) WAIVER AUTHORITY.—During 2006 and notwith8 standing section 5547 of title 5, United States Code, the 

9 head of an executive agency may waive, subject to sub10 section (b), the limitation established in that section for 

11 total compensation (including limitations on the aggregate 

12 of basic pay and premium pay payable in a calendar year) 

13 of an employee who performs work while in an overseas 

14 location that is in the area of responsibility of the com15 mander of the United States Central Command, in direct 

16 support of or directly related to a military operation (in17 cluding a contingency operation as defined in section 

18 101(13) of title 10, United States Code). 

19 (b) $200,000 MAXIMUM TOTAL COMPENSATION .— 

20 The total compensation of an employee whose pay is cov21 ered by a waiver under subsection (a) may not exceed 

22 $200,000 in a calendar year. 

23 (c) ADDITIONAL PAY NOT CONSIDERED BASIC

24 PAY.—To the extent that a waiver under subsection (a) 

25 results in payment of additional premium pay of a type 
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1 that is normally creditable as basic pay for retirement or 

2 any other purpose, such additional pay— 

3 (1) shall not be considered to be basic pay for 

4 any purpose; and 

5 (2) shall not be used in computing a lump sum 

6 payment for accumulated and accrued annual leave 

7 under section 5551 of title 5, United States Code. 

8 SEC. 1106. TRANSPORTATION OF FAMILY MEMBERS INCI9 DENT TO REPATRIATION OF FEDERAL EM10 PLOYEES HELD CAPTIVE. 

11 (a) ALLOWANCES AUTHORIZED.—Chapter 57 of title 

12 5, United States Code, is amended by adding at the end 

13 the following new section: 

14 ‘‘§ 5760. Travel and transportation allowances: trans15 portation of family members incident to 

16 repatriation of employees held captive 

17 ‘‘(a) ALLOWANCES AUTHORIZED.—(1) The head of 

18 an agency may provide the travel and transportation al19 lowances described in subsection (c) to not more than 

20 three family members of an employee as defined in section 

21 2105 of this title who— 

22 ‘‘(A) was held captive, as determined by the 

23 head of the agency, and 

24 ‘‘(B) is repatriated to a site in or outside the 

25 United States. 
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1 ‘‘(2) In circumstances determined to be appropriate 

2 by the head of the agency concerned, the head of the agen3 cy may waive the limitation on the number of family mem4 bers provided travel and transportation allowances under 

5 this section. 

6 ‘‘(b) ELIGIBLE PERSONS.—(1) In this section, the 

7 term ‘family member’ has the meaning given that term 

8 in section 411h(b) of title 37. 

9 ‘‘(2) The head of an agency may also provide such 

10 travel and transportation allowances to an attendant who 

11 accompanies a family member if the head of the agency 

12 determines that— 

13 ‘‘(A) the family member is unable to travel un14 attended because of age, physical condition, or other 

15 justifiable reason; and 

16 ‘‘(B) no other family member who is receiving 

17 the allowances under this section is able to serve as 

18 an attendant for the family member. 

19 ‘‘(3) If no family member is able to travel to the repa20 triation site, the head of the agency concerned may pro21 vide the travel and transportation allowances to not more 

22 than two persons who are related to the member (but who 

23 do not satisfy the definition of family member) and are 

24 selected by the member. 
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1 ‘‘(c) ALLOWANCES DESCRIBED.—(1) The transpor2 tation authorized by subsection (a) is round-trip transpor3 tation between— 

4 ‘‘(A) the home of the family member (or the 

5 home of an attendant or other person provided 

6 transportation pursuant to paragraph (2) or (3) of 

7 subsection (b)); and 

8 ‘‘(B) the location of the repatriation site or 

9 other location determined to be appropriate by the 

10 head of the agency concerned. 

11 ‘‘(2) In addition to the transportation authorized by 

12 subsection (a), the head of an agency may provide a per 

13 diem allowance or reimbursement for the actual and nec14 essary expenses of the travel, or a combination thereof, 

15 but not to exceed the rates established under section 

16 404(d) of title 37. 

17 ‘‘(d) PROVISION OF ALLOWANCES.—(1) The trans18 portation authorized by subsection (a) may be provided 

19 by any of the following means: 

20 ‘‘(A) Transportation in-kind. 

21 ‘‘(B) A monetary allowance in place of trans22 portation in-kind at a rate to be prescribed by the 

23 heads of the agencies concerned. 

24 ‘‘(C) Reimbursement for the commercial cost of 

25 transportation. 
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1 ‘‘(2) An allowance payable under this subsection may 

2 be paid in advance. 

3 ‘‘(3) Reimbursement payable under this subsection 

4 may not exceed the cost of government-procured commer5 cial round-trip air travel. 

6 ‘‘(e) REGULATIONS.—The heads of the agencies con7 cerned shall prescribe uniform regulations to carry out 

8 this section.’’. 

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

10 at the beginning of chapter 57 of title 5, United States 

11 Code, is amended by adding at the end the following new 

12 item: 

‘‘5760. Travel and transportation allowances: transportation of family members 

incident to repatriation of employees held captive.’’. 

13 SEC. 1107. PERMANENT EXTENSION OF SCIENCE, MATHE14 MATICS, AND RESEARCH FOR TRANS15 FORMATION (SMART) DEFENSE EDUCATION 

16 PROGRAM. 

17 (a) PERMANENT EXTENSION.—Section 1105 of the 

18 Ronald W. Reagan National Defense Authorization Act 

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

20 2074; 10 U.S.C. 2192 note) is amended— 

21 (1) by striking ‘‘pilot’’ each place it appears in 

22 the section and subsection headings and the text; 

23 (2) in subsection (a)— 

24 (A) by striking ‘‘(1)’’; 
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1 (B) by striking paragraph (2); and 

2 (C) by inserting ‘‘foreign languages,’’ after 

3 ‘‘engineering,’’; and 

4 (3) in subsection (b)— 

5 (A) in paragraph (1)(B), by striking ‘‘un6 dergraduate’’ and inserting ‘‘associates degree, 

7 undergraduate degree,’’; and 

8 (B) by adding at the end the following new 

9 paragraph: 

10 ‘‘(3) Financial assistance provided under a 

11 scholarship awarded under this section may be paid 

12 directly to the recipient of such scholarship or to an 

13 administering entity for disbursement of the funds.’’. 

14 (b) CODIFICATION.— 

15 (1) AMENDMENT TO TITLE 10.—Chapter 111 of 

16 title 10, United States Code, is amended— 

17 (A) by inserting after section 2192 the fol18 lowing: 

19 ‘‘§ 2192a. Science, Mathematics, and Research for 

20 Transformation (SMART) Defense Schol21 arship Program’’; 

22 and 

23 (B) by transferring and inserting the text 

24 of section 1105 of the Ronald W. Reagan Na25 tional Defense Authorization Act for Fiscal 
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1 Year 2005 (Public Law 108–375; 118 Stat. 

2 2074; 10 U.S.C. 2192 note), as amended by 

3 subsection (a), so as to appear below the section 

4 heading for section 2192a, as added by sub5 paragraph (A). 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of such chapter is amended 

8 by inserting after the item relating to section 2192 

9 the following new item: 

‘‘2192a. Science, Mathematics, and Research for Transformation (SMART) Defense Scholarship Program.’’. 

10 (c) CONFORMING AMENDMENT.—Section 1105 of the 

11 Ronald W. Reagan National Defense Authorization Act 

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

13 2074; 10 U.S.C. 2192 note) is amended by striking sub14 sections (a), (b), (c), (d), (e), (f), and (h). 

15 SEC. 1108. VETERANS’ PREFERENCE STATUS FOR CERTAIN 

16 VETERANS WHO SERVED ON ACTIVE DUTY 

17 DURING THE PERIOD BEGINNING ON SEP18 TEMBER 11, 2001, AND ENDING AS OF THE 

19 CLOSE OF OPERATION IRAQI FREEDOM. 

20 (a) DEFINITION OF VETERAN.—Section 2108(1) of 

21 title 5, United States Code, is amended— 

22 (1) in subparagraph (B), by striking ‘‘or’’ at 

23 the end; 
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1 (2) in subparagraph (C), by adding ‘‘or’’ after 

2 the semicolon; and 

3 (3) by inserting after subparagraph (C) the fol4 lowing: 

5 ‘‘(D) served on active duty as defined by 

6 section 101(21) of title 38 at any time in the 

7 armed forces for a period of more than 180 

8 consecutive days any part of which occurred 

9 during the period beginning on September 11, 

10 2001, and ending on the date prescribed by 

11 Presidential proclamation or by law as the last 

12 date of Operation Iraqi Freedom;’’. 

13 (b) CONFORMING AMENDMENT.—Section 

14 2108(3)(B) of such title is amended by striking ‘‘para15 graph (1)(B) or (C)’’ and inserting ‘‘paragraph (1)(B), 

16 (C), or (D)’’. 

17 TITLE XII—MATTERS RELATING 

18 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. Military educational exchanges between senior officers and officials 

of the United States and Taiwan. 

Sec. 1204. Modification of geographic restriction under bilateral and regional 

cooperation programs for payment of certain expenses of defense personnel of developing countries. 

Sec. 1205. 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. 1206. Two-year extension of authority for payment of certain administrative services and support for coalition liaison officers. 
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Subtitle B—Nonproliferation Matters and Countries of Concern 

Sec. 1211. Report on acquisition by Iran of nuclear weapons. 

Sec. 1212. Procurement sanctions against foreign persons that transfer certain 

defense articles and services to the People’s Republic of China. 

Sec. 1213. Prohibition on procurements from Communist Chinese military companies. 

Subtitle C—Other Matters 

Sec. 1221. Purchase of weapons overseas for force protection purposes. 

Sec. 1222. Requirement for establishment of certain criteria applicable to ongoing Global Posture Review. 

Sec. 1223. War-related reporting requirements. 

Sec. 1224. Sense of Congress concerning cooperation with Russia on issues pertaining to missile defense. 

1 Subtitle A—Assistance and 

2 Training 

3 SEC. 1201. EXTENSION OF HUMANITARIAN AND CIVIC AS4 SISTANCE PROVIDED TO HOST NATIONS IN 

5 CONJUNCTION WITH MILITARY OPERATIONS. 

6 (a) LIMITATION ON AMOUNT OF ASSISTANCE FOR

7 CLEARANCE OF LANDMINES, ETC.—Subsection (c)(3) of 

8 section 401 of title 10, United States Code is amended 

9 by striking ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. 

10 (b) EXTENSION AND CLARIFICATION OF TYPES OF

11 HEALTH CARE AUTHORIZED.—Subsection (e)(1) of such 

12 section is amended— 

13 (1) by inserting ‘‘surgical,’’ before ‘‘dental,’’ 

14 both places it appears; and 

15 (2) by inserting ‘‘, including education, train16 ing, and technical assistance related to the care pro17 vided’’ before the period at the end. 
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1 SEC. 1202. COMMANDERS’ EMERGENCY RESPONSE PRO2 GRAM. 

3 (a) FISCAL YEAR 2006 AUTHORITY.—During fiscal 

4 year 2006, from funds made available to the Department 

5 of Defense for operation and maintenance pursuant to 

6 title XV, not to exceed $500,000,000 may be used by the 

7 Secretary of Defense to provide funds— 

8 (1) for the Commanders’ Emergency Response 

9 Program established by the Administrator of the Co10 alition Provisional Authority for the purpose of ena11 bling United States military commanders in Iraq to 

12 respond to urgent humanitarian relief and recon13 struction requirements within their areas of respon14 sibility by carrying out programs that will imme15 diately assist the Iraqi people; and 

16 (2) for a similar program to assist the people 

17 of Afghanistan. 

18 (b) QUARTERLY REPORTS.—Not later than 15 days 

19 after the end of each fiscal-year quarter, the Secretary of 

20 Defense shall submit to the congressional defense commit21 tees a report regarding the source of funds and the alloca22 tion and use of funds during that quarter that were made 

23 available pursuant to the authority provided in this section 

24 or under any other provision of law for the purposes stated 

25 in subsection (a). 
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1 (c) LIMITATION ON USE OF FUNDS.—Funds author2 ized for the Commanders’ Emergency Response Program 

3 by this section may not be used to provide goods, services, 

4 or funds to national armies, national guard forces, border 

5 security forces, civil defense forces, infrastructure protec6 tion forces, highway patrol units, police, special police, or 

7 intelligence or other security forces. 

8 (d) SECRETARY OF DEFENSE GUIDANCE.—Not later 

9 than 90 days after the date of the enactment of this Act, 

10 the Secretary of Defense shall issue to the commander of 

11 the United States Central Command detailed guidance 

12 concerning the types of activities for which United States 

13 military commanders in Iraq may use funds under the 

14 Commanders’ Emergency Response Program to respond 

15 to urgent relief and reconstruction requirements and the 

16 terms under which such funds may be expended. The Sec17 retary shall simultaneously provide a copy of that guid18 ance to the congressional defense committees. 

19 SEC. 1203. MILITARY EDUCATIONAL EXCHANGES BETWEEN 

20 SENIOR OFFICERS AND OFFICIALS OF THE 

21 UNITED STATES AND TAIWAN. 

22 (a) DEFENSE EXCHANGES.—The Secretary of De23 fense shall undertake a program of senior military officer 

24 and senior official exchanges with Taiwan designed to im-
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1 prove Taiwan’s defenses against the People’s Liberation 

2 Army of the People’s Republic of China. 

3 (b) EXCHANGES DESCRIBED.—For the purposes of 

4 this section, the term ‘‘exchange’’ means an activity, exer5 cise, event, or observation opportunity between Armed 

6 Forces personnel or Department of Defense officials of the 

7 United States and armed forces personnel and officials of 

8 Taiwan. 

9 (c) FOCUS OF EXCHANGES.—The senior military offi10 cer and senior official exchanges undertaken pursuant to 

11 subsection (a) shall include exchanges focused on the fol12 lowing, especially as they relate to defending Taiwan 

13 against potential submarine attack and potential missile 

14 attack: 

15 (1) Threat analysis. 

16 (2) Military doctrine. 

17 (3) Force planning. 

18 (4) Logistical support. 

19 (5) Intelligence collection and analysis. 

20 (6) Operational tactics, techniques, and proce21 dures. 

22 (d) CIVIL-MILITARY AFFAIRS.—The senior military 

23 officer and senior official exchanges undertaken pursuant 

24 to subsection (a) shall include activities and exercises fo-
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1 cused on civil-military relations, including parliamentary 

2 relations. 

3 (e) LOCATION OF EXCHANGES.—The senior military 

4 officer and senior official exchanges undertaken pursuant 

5 to subsection (a) shall be conducted in both the United 

6 States and Taiwan. 

7 (f) DEFINITIONS.—For purposes of this section: 

8 (1) The term ‘‘senior military officer’’ means a 

9 general or flag officer of the Armed Forces on active 

10 duty. 

11 (2) The term ‘‘senior official’’ means a civilian 

12 official of the Department of Defense at the level of 

13 Deputy Assistant Secretary of Defense or above. 

14 SEC. 1204. MODIFICATION OF GEOGRAPHIC RESTRICTION 

15 UNDER BILATERAL AND REGIONAL CO16 OPERATION PROGRAMS FOR PAYMENT OF 

17 CERTAIN EXPENSES OF DEFENSE PER18 SONNEL OF DEVELOPING COUNTRIES. 

19 Section 1051(b)(1) of title 10, United States Code, 

20 is amended— 

21 (1) by inserting ‘‘to and’’ after ‘‘in connection 

22 with travel’’; and 

23 (2) by striking ‘‘in which the developing country 

24 is located’’ and inserting ‘‘in which the meeting for 

25 which expenses are authorized is located’’. 
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1 SEC. 1205. AUTHORITY FOR DEPARTMENT OF DEFENSE TO 

2 ENTER INTO ACQUISITION AND CROSS-SERV3 ICING AGREEMENTS WITH REGIONAL ORGA4 NIZATIONS OF WHICH THE UNITED STATES IS 

5 NOT A MEMBER. 

6 Subchapter I of chapter 138 of title 10, United States 

7 Code, is amended by striking ‘‘of which the United States 

8 is a member’’ in sections 2341(1), 2342(a)(1)(C), and 

9 2344(b)(4). 

10 SEC. 1206. TWO-YEAR EXTENSION OF AUTHORITY FOR PAY11 MENT OF CERTAIN ADMINISTRATIVE SERV12 ICES AND SUPPORT FOR COALITION LIAISON 

13 OFFICERS. 

14 Section 1051a(e) of title 10, United States Code, is 

15 amended by striking ‘‘September 30, 2005’’ and inserting 

16 ‘‘September 30, 2007’’. 

17 Subtitle B—Nonproliferation 

18 Matters and Countries of Concern 

19 SEC. 1211. REPORT ON ACQUISITION BY IRAN OF NUCLEAR 

20 WEAPONS. 

21 (a) SENSE OF CONGRESS.—It is the sense of Con22 gress that— 

23 (1) the Iran Nonproliferation Act of 2000 

24 (Public Law 106–178) has been a critical tool in 

25 preventing the spread of weapons of mass destruc26 tion and their associated delivery systems to Iran; 
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1 (2) the prevention of the development by Iran 

2 of weapons of mass destruction and their associated 

3 delivery systems remains the paramount policy goal 

4 of the United States with respect to matters associ5 ated with Iran; and 

6 (3) the Iran Nonproliferation Act of 2000 

7 should not be weakened by creating exceptions to re8 quirements of such Act that are intended to serve 

9 lesser policy priorities. 

10 (b) REPORT.—Not later than nine months after the 

11 date of the enactment of this Act, the Secretary of Defense 

12 and Chairman of the Joint Chiefs of Staff shall submit 

13 to Congress a report that examines the strategic and mili14 tary implications of the acquisition by Iran of nuclear 

15 weapons during the five-year period beginning on the date 

16 of the enactment of this Act. The report shall include the 

17 following: 

18 (1) An assessment of the acquisition by Iran of 

19 nuclear weapons on the balance of power among 

20 states within the area of responsibility of the United 

21 States Central Command. 

22 (2) A description of the active and passive de23 fense systems of the United States that may be able 

24 to counter such nuclear weapons based on the fu25 ture-years defense program under section 221 of 
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1 title 10, United States Code, extant at the time of 

2 the fiscal year 2005 defense budget request. 

3 (3) A description of the military capabilities 

4 that the United States possesses that would enable 

5 it to deal with the potential acquisition and use of 

6 nuclear weapons by Iran within the area of responsi7 bility of the United States Central Command. 

8 (4) An assessment of Iran’s ability to deliver 

9 and detonate nuclear weapons outside of the area of 

10 responsibility of the United States Central Com11 mand. 

12 (5) A summary of the entities that have pro13 vided technology, knowledge, or assistance useful in 

14 the efforts of Iran to develop weapons of mass de15 struction or their associated delivery systems during 

16 the ten-year period ending on the date of the enact17 ment of this Act. 

18 (c) FORM.—The report described in subsection (b) 

19 shall be submitted in unclassified form as appropriate, 

20 with a classified annex as necessary. 
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1 SEC. 1212. PROCUREMENT SANCTIONS AGAINST FOREIGN 

2 PERSONS THAT TRANSFER CERTAIN DE3 FENSE ARTICLES AND SERVICES TO THE 

4 PEOPLE’S REPUBLIC OF CHINA. 

5 (a) DECLARATION OF POLICY.—Congress declares 

6 that it is the policy of the United States to deny the Peo7 ple’s Republic of China such defense goods and defense 

8 technology that could be used to threaten the United 

9 States or undermine the security of Taiwan or the stability 

10 of the Western Pacific region. 

11 (b) PROCUREMENT SANCTION.—(1) The Secretary of 

12 Defense may not procure, by contract or otherwise, any 

13 goods or services from— 

14 (A) any foreign person the Secretary of Defense 

15 determines has, with actual knowledge, on or after 

16 the date of the enactment of this Act, exported, 

17 transferred, or otherwise provided to governmental 

18 or nongovernmental entities of the People’s Republic 

19 of China any item or class of items on the United 

20 States Munitions List (or any item or class of items 

21 that are identical, substantially identical, or directly 

22 competitive to an item or class of items on the 

23 United States Munitions List); or 

24 (B) any foreign person the Secretary of Defense 

25 determines— 
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1 (i) is a successor entity to a person re2 ferred to in paragraph (1); 

3 (ii) is a parent or subsidiary of a person 

4 referred to in paragraph (1); or 

5 (iii) is an affiliate of a person referred to 

6 in paragraph (1) if that affiliate is controlled in 

7 fact by such person. 

8 (2) The prohibition under paragraph (1) with respect 

9 to a foreign person shall last for a period of five years 

10 after a determination is made by the Secretary of Defense 

11 with respect to that person under paragraph (1)(A). 

12 (c) PUBLIC AVAILABILITY OF LIST OF SANCTIONED

13 PERSONS.—(1) The Secretary of Defense shall annually 

14 publish in the Federal Register a current list of any for15 eign persons sanctioned under subsection (b). The removal 

16 of foreign persons from, and the addition of foreign per17 sons to, the list shall also be so published. 

18 (2) The Secretary shall maintain the list published 

19 under paragraph (1) on the Internet website of the De20 partment of Defense. 

21 (d) REMOVAL FROM LIST OF SANCTIONED PER22 SONS.—The Secretary of Defense may remove a person 

23 from the list of sanctioned persons referred to in sub24 section (c) only after the five-year prohibition period im-
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1 posed under subsection (b) with respect to the person has 

2 expired. 

3 (e) EXCEPTIONS.—(1) Subsection (b) shall not 

4 apply— 

5 (A) to contracts, or subcontracts under such 

6 contracts, in existence on the date of the enactment 

7 of this Act, including options under such contracts; 

8 (B) if the Secretary of Defense determines in 

9 writing that the person to which the sanctions would 

10 otherwise be applied is a sole source supplier of the 

11 goods or services being procured, that the goods or 

12 services are essential, and that alternative sources 

13 are not readily or reasonably available; 

14 (C) in the case of a contract for routine serv15 icing and maintenance, if the Secretary of Defense 

16 determines in writing alternative sources for per17 forming the contract are not readily or reasonably 

18 available; or 

19 (D) if the Secretary of Defense determines in 

20 writing that goods or services proposed to be pro21 cured under the contract are essential to the na22 tional security of the United States. 

23 (2) Determinations under paragraph (1) shall be pub24 lished in the Federal Register. 

25 (f) DEFINITIONS.—In this section: 
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1 (1) The term ‘‘foreign person’’ has the meaning 

2 given the term in section 14 of the Iran and Libya 

3 Sanctions Act of 1996 (50 U.S.C. 1701 note). 

4 (2) The term ‘‘United States Munitions List’’ 

5 means the list referred to in section 38(a)(1) of the 

6 Arms Export Control Act (22 U.S.C. 2778(a)(1)). 

7 SEC. 1213. PROHIBITION ON PROCUREMENTS FROM COM8 MUNIST CHINESE MILITARY COMPANIES. 

9 (a) PROHIBITION.—The Secretary of Defense may 

10 not procure goods or services, through a contract or any 

11 subcontract (at any tier) under a contract, from any Com12 munist Chinese military company. 

13 (b) DEFINITION.—In this section, the term ‘‘Com14 munist Chinese military company’’ has the meaning pro15 vided that term by section 1237(b)(4) of the Strom Thur16 mond National Defense Authorization Act for Fiscal Year 

17 1999 (50 U.S.C. 1701 note). 

18 Subtitle C—Other Matters 

19 SEC. 1221. PURCHASE OF WEAPONS OVERSEAS FOR FORCE 

20 PROTECTION PURPOSES. 

21 (a) PURCHASES IN COUNTRIES IN WHICH COMBAT

22 OPERATIONS ARE ONGOING.— 

23 (1) FORCE PROTECTION PURCHASES.—Chapter 

24 3 of title 10, United States Code, is amended by in25 serting after section 127b the following new section: 
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1 ‘‘§ 127c. Purchase of weapons overseas: force protec2 tion 

3 ‘‘(a) AUTHORITY.—When elements of the armed 

4 forces are engaged in ongoing military operations in a 

5 country, the Secretary of Defense may, for the purpose 

6 of protecting United States forces in that country, pur7 chase weapons from any foreign person, foreign govern8 ment, international organization, or other entity located 

9 in that country. 

10 ‘‘(b) LIMITATION.—The total amount expended dur11 ing any fiscal year for purchases under this section may 

12 not exceed $15,000,000. 

13 ‘‘(c) ANNUAL CONGRESSIONAL REPORT.—Not later 

14 than 30 days after the end of each fiscal year during which 

15 the authority under subsection (a) is used, the Secretary 

16 of Defense shall submit to the congressional defense com17 mittees a report on the use of that authority during that 

18 fiscal year. Each such report shall include the following: 

19 ‘‘(1) The number and type of weapons pur20 chased during that fiscal year under subsection (a), 

21 together with the amount spent for those weapons 

22 and the Secretary’s estimate of the fair market value 

23 of those weapons. 

24 ‘‘(2) A description of the dispositions (if any) 

25 during that fiscal year of weapons purchased under 

26 subsection (a).’’. 
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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended 

3 by inserting after the item relating to section 127b 

4 the following new item: 

‘‘127c. Purchase of weapons overseas: force protection.’’. 

5 (b) EFFECTIVE DATE.—Section 127c of title 10, 

6 United States Code, as added by subsection (a), shall take 

7 effect on October 1, 2005. 

8 SEC. 1222. REQUIREMENT FOR ESTABLISHMENT OF CER9 TAIN CRITERIA APPLICABLE TO ON-GOING 

10 GLOBAL POSTURE REVIEW. 

11 (a) CRITERIA.—As part of the on-going review of 

12 overseas basing plans being conducted within the Depart13 ment of Defense that is referred to as the ‘‘Global Posture 

14 Review’’, the Secretary of Defense shall develop criteria 

15 for assessing, with respect to each type of facility specified 

16 in subsection (c), the following factors in deciding whether 

17 to seek agreement with a foreign country to establish or 

18 maintain such a facility in that country: 

19 (1) The effect on strategic mobility of units de20 ployed to overseas locations in areas in which United 

21 States Armed Forces have not traditionally been de22 ployed. 

23 (2) The cost of deploying units to areas re24 ferred to in paragraph (1) on a rotational basis 

25 (rather than on a permanent basing basis). 
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1 (3) The strategic benefit of rotational deploy2 ments through countries with which the United 

3 States is developing a close or new security relation4 ship. 

5 (4) The relative speed and complexity of con6 ducting negotiations with a particular country. 

7 (5) The appropriate and available funding 

8 mechanisms for changes to specific Main Operating 

9 Bases, Forward Operating Bases, or Cooperative Se10 curity Locations. 

11 (6) The effect on military quality of life of es12 tablishing or maintaining any of such types of facili13 ties. 

14 (7) Other criteria as Secretary of Defense de15 termines appropriate. 

16 (b) ANALYSIS OF ALTERNATIVES TO BASING OR OP17 ERATING LOCATIONS.—The Secretary of Defense shall de18 velop a mechanism for analyzing alternatives to any par19 ticular overseas basing or operating location. Such a mech20 anism shall incorporate the factors specified in paragraphs 

21 (1) through (4) of subsection (a). 

22 (c) MINIMAL INFRASTRUCTURE REQUIREMENTS FOR

23 OVERSEAS INSTALLATIONS.—The Secretary of Defense 

24 shall develop a template of minimal infrastructure require25 ments for each of the following types of facilities: 
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1 (1) Facilities categorized as Main Operating 

2 Bases. 

3 (2) Facilities categorized as Forward Operating 

4 Bases. 

5 (3) Facilities categorized as Cooperative Secu6 rity Locations. 

7 (d) CONSULTATION WITH SENIOR MILITARY OFFI8 CERS.—The Secretary of Defense shall carry out sub9 sections (a), (b), and (c) in consultation with the Chair10 man of the Joint Chiefs of Staff and the commanders of 

11 the regional combatant commands. 

12 (e) ANNUAL BUDGET ELEMENT.—The Secretary of 

13 Defense shall provide to Congress, as an element of the 

14 annual budget request of the Secretary, information re15 garding the funding sources for changes to individual 

16 Main Operating Bases, Forward Operating Bases, or Co17 operative Security Locations. 

18 (f) REPORT.—Not later than March 30, 2006, the 

19 Secretary of Defense shall submit to Congress a report 

20 on the matters specified in subsections (a) through (c). 

21 SEC. 1223. WAR-RELATED REPORTING REQUIREMENTS. 

22 (a) REPORTS REQUIRED FOR OPERATION IRAQI

23 FREEDOM, OPERATION ENDURING FREEDOM, AND OPER24 ATION NOBLE EAGLE.—The Secretary of Defense shall 

25 submit to the congressional defense committees, in accord-
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1 ance with this section, war-related reports on costs, recon2 stitution, and military construction for each of Operation 

3 Iraqi Freedom, Operation Enduring Freedom, and Oper4 ation Noble Eagle. 

5 (b) SUBMISSION TO GAO OF CERTAIN REPORTS ON

6 COSTS.—The Secretary of Defense shall submit to the 

7 Comptroller General, no later than 45 days after the end 

8 of each reporting month, the Department of Defense Sup9 plemental and Cost of War Execution reports. Based on 

10 these reports, the Comptroller General shall provide Con11 gress quarterly updates on war costs. 

12 (c) RECONSTITUTION.— 

13 (1) PROCUREMENT.—The report prepared 

14 under subsection (a) shall identify, for each war-re15 lated procurement funding request since fiscal year 

16 2003, end-item quantities requested and the purpose 

17 of the request (such as replacement for battle losses, 

18 improved capability, increase in force size, restruc19 turing of forces), shown by service. 

20 (2) EQUIPMENT MAINTENANCE.—The report 

21 prepared under subsection (a) shall provide an as22 sessment that compares peacetime versus wartime 

23 equipment maintenance requirements. The assess24 ment should include the effect of war operations on 

25 the backlog of maintenance requirements over the 
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1 period of fiscal years 2003 to the present. It should 

2 also examine the extent that war operations have 

3 precluded maintenance from being performed be4 cause equipment was unavailable. 

5 (3) SUBMISSION REQUIREMENTS.—The report 

6 under this subsection shall be submitted to the Con7 gress not later than 180 days after the date of the 

8 enactment of this Act. The Secretary of Defense 

9 shall submit updated procurement and equipment 

10 maintenance reports concurrently with future war11 related funding requests. 

12 (d) MILITARY CONSTRUCTION.— 

13 (1) MILITARY CONSTRUCTION.—The report pre14 pared under subsection (a) shall identify the number 

15 of United States military personnel that can be sup16 ported by the facility infrastructure in Iraq and Af17 ghanistan and in the neighboring countries from 

18 where Operation Iraq Freedom and Operation En19 during Freedom are supported. 

20 (2) SUBMISSION REQUIREMENTS.—The report 

21 shall be submitted to Congress not later than 180 

22 days after the date of the enactment of this Act. 

23 The Secretary of Defense shall submit an updated 

24 military construction report concurrently with future 

25 war-related funding requests. 
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1 SEC. 1224. SENSE OF CONGRESS CONCERNING COOPERA2 TION WITH RUSSIA ON ISSUES PERTAINING 

3 TO MISSILE DEFENSE. 

4 It is the sense of Congress that— 

5 (1) cooperation between the United States and 

6 Russia with regard to missile defense is in the inter7 est of the United States; 

8 (2) there does not exist strong enough engage9 ment between the United States and Russia with re10 spect to missile defense cooperation; 

11 (3) the United States should explore innovative 

12 and nontraditional means of cooperation with Russia 

13 on issues pertaining to missile defense; and 

14 (4) as part of such an effort, the Secretary of 

15 Defense should consider the possibilities for United 

16 States-Russian cooperation with respect to missile 

17 defense through— 

18 (A) the testing of specific elements of the 

19 detection and tracking equipment of the Missile 

20 Defense Agency of the United States Depart21 ment of Defense through the use of Russian 

22 target missiles; and 

23 (B) the provision of early warning radar to 

24 the Missile Defense Agency by the use of Rus25 sian radar data. 
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1 TITLE XIII—COOPERATIVE 

2 THREAT REDUCTION WITH 

3 STATES OF THE FORMER SO4 VIET UNION 

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 

Sec. 1302. Funding allocations. 

Sec. 1303. Authority to obligate weapons of mass destruction proliferation prevention funds for nuclear weapons storage security. 

Sec. 1304. Extension of limited waiver of restrictions on use of funds for threat 

reduction in states of the former Soviet Union. 

Sec. 1305. Report on elimination of impediments to nuclear threat-reduction 

and nonproliferation programs in the Russian Federation. 

5 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE6 DUCTION PROGRAMS AND FUNDS. 

7 (a) SPECIFICATION OF CTR PROGRAMS.—For pur8 poses of section 301 and other provisions of this Act, Co9 operative Threat Reduction programs are the programs 

10 specified in section 1501(b) of the National Defense Au11 thorization Act for Fiscal Year 1997 (Public Law 104– 

12 201; 110 Stat. 2731; 50 U.S.C. 2362 note). 

13 (b) FISCAL YEAR 2006 COOPERATIVE THREAT RE14 DUCTION FUNDS DEFINED.—As used in this title, the 

15 term ‘‘fiscal year 2006 Cooperative Threat Reduction 

16 funds’’ means the funds appropriated pursuant to the au17 thorization of appropriations in section 301 for Coopera18 tive Threat Reduction programs. 

19 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

20 pursuant to the authorization of appropriations in section 
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1 301 for Cooperative Threat Reduction programs shall be 

2 available for obligation for three fiscal years. 

3 SEC. 1302. FUNDING ALLOCATIONS. 

4 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

5 $415,549,000 authorized to be appropriated to the De6 partment of Defense for fiscal year 2006 in section 

7 301(19) for Cooperative Threat Reduction programs, the 

8 following amounts may be obligated for the purposes spec9 ified: 

10 (1) For strategic offensive arms elimination in 

11 Russia, $78,900,000. 

12 (2) For nuclear weapons storage security in 

13 Russia, $74,100,000. 

14 (3) For nuclear weapons transportation security 

15 in Russia, $30,000,000. 

16 (4) For weapons of mass destruction prolifera17 tion prevention in the states of the former Soviet 

18 Union, $40,600,000. 

19 (5) For chemical weapons destruction in Rus20 sia, $108,500,000. 

21 (6) For biological weapons proliferation preven22 tion in the former Soviet Union, $60,849,000. 

23 (7) For defense and military contacts, 

24 $8,000,000. 
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1 (8) For activities designated as Other Assess2 ments/Administrative Support, $14,600,000. 

3 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

4 FUNDS FOR OTHER PURPOSES.—No fiscal year 2006 Co5 operative Threat Reduction funds may be obligated or ex6 pended for a purpose other than a purpose listed in para7 graphs (1) through (8) of subsection (a) until 30 days 

8 after the date that the Secretary of Defense submits to 

9 Congress a report on the purpose for which the funds will 

10 be obligated or expended and the amount of funds to be 

11 obligated or expended. Nothing in the preceding sentence 

12 shall be construed as authorizing the obligation or expend13 iture of fiscal year 2006 Cooperative Threat Reduction 

14 funds for a purpose for which the obligation or expendi15 ture of such funds is specifically prohibited under this title 

16 or any other provision of law. 

17 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

18 AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any 

19 case in which the Secretary of Defense determines that 

20 it is necessary to do so in the national interest, the Sec21 retary may obligate amounts appropriated for fiscal year 

22 2006 for a purpose listed in any of the paragraphs in sub23 section (a) in excess of the specific amount authorized for 

24 that purpose. 
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1 (2) An obligation of funds for a purpose stated in 

2 any of the paragraphs in subsection (a) in excess of the 

3 specific amount authorized for such purpose may be made 

4 using the authority provided in paragraph (1) only after— 

5 (A) the Secretary submits to Congress notifica6 tion of the intent to do so together with a complete 

7 discussion of the justification for doing so; and 

8 (B) 15 days have elapsed following the date of 

9 the notification. 

10 (3) The Secretary may not, under the authority pro11 vided in paragraph (1), obligate amounts for a purpose 

12 stated in any of paragraphs (5) through (8) of subsection 

13 (a) in excess of 125 percent of the specific amount author14 ized for such purpose. 

15 SEC. 1303. AUTHORITY TO OBLIGATE WEAPONS OF MASS 

16 DESTRUCTION PROLIFERATION PREVENTION 

17 FUNDS FOR NUCLEAR WEAPONS STORAGE 

18 SECURITY. 

19 (a) IN GENERAL.—Subject to subsection (b), in any 

20 case in which the Secretary of Defense determines that 

21 it is necessary to do so in the national interest, the Sec22 retary may obligate amounts appropriated for fiscal year 

23 2006 for the purpose listed in subsection (c)(4) of section 

24 1302 for the purpose listed in subsection (c)(2) of that 

25 section. 
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1 (b) LIMITATION.—The authority provided in sub2 section (a) may be used only after— 

3 (1) the Secretary submits to Congress notification of 

4 the intent to do so together with a complete discussion 

5 of the justification for doing so; and 

6 (2) 15 days have elapsed following the date of the 

7 notification. 

8 SEC. 1304. EXTENSION OF LIMITED WAIVER OF RESTRIC9 TIONS ON USE OF FUNDS FOR THREAT RE10 DUCTION IN STATES OF THE FORMER SOVIET 

11 UNION. 

12 Section 1306 of the Bob Stump National Defense 

13 Authorization Act for Fiscal Year 2003 (22 U.S.C. 5952 

14 note) is amended by adding at the end the following new 

15 subsection: 

16 ‘‘(f) COVERAGE OF CALENDAR YEARS.—The author17 ity under subsection (a) applies with respect to calendar 

18 years 2005, 2006, and 2007 in the same manner as it 

19 applies to fiscal years. The authority under this subsection 

20 shall expire on December 31, 2007.’’. 

21 SEC. 1305. REPORT ON ELIMINATION OF IMPEDIMENTS TO 

22 NUCLEAR THREAT-REDUCTION AND NON23 PROLIFERATION PROGRAMS IN THE RUSSIAN 

24 FEDERATION. 

25 (a) FINDINGS.—Congress finds that— 
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1 (1) despite the importance of programs and ac2 tivities to assist in securing nuclear weapons and 

3 fissile materials in the states of the former Soviet 

4 Union, the effective conduct of some programs and 

5 activities in the Russian Federation is impeded by 

6 numerous legal and administrative disagreements re7 garding a variety of issues, including issues relating 

8 to access to sites, liability, and taxation; and 

9 (2) it has been possible to resolve disagreements 

10 of that nature in other republics of the former So11 viet Union through committed and high-level discus12 sions between the United States and those republics. 

13 (b) REPORT.—Not later than November 1, 2006, the 

14 President shall submit to Congress a report on impedi15 ments in the states of the former Soviet Union to the ef16 fective conduct of programs and activities of the United 

17 States relating to securing nuclear weapons and fissile ma18 terials in those states. The report shall— 

19 (1) identify the impediments to the rapid, effi20 cient, and effective conduct of programs and activi21 ties of the Department of Defense, the Department 

22 of State, and the Department of Energy to assist in 

23 securing such materials in those states, including 

24 issues relating to access to sites, liability, and tax25 ation; and 
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1 (2) describe the plans of the United States to 

2 overcome or ameliorate such impediments, including 

3 an identification and discussion of new models and 

4 approaches that might be used to develop new rela5 tionships with entities in Russia capable of assisting 

6 in removing or ameliorating those impediments, and 

7 any congressional action that may be necessary for 

8 that purpose. 

9 TITLE XIV—CONTRACT DISPUTE 

10 ENHANCEMENT 

Subtitle A—General provisions 

Sec. 1411. Definitions. 

Subtitle B—Establishment of civilian and defense Boards of contract appeals 

Sec. 1421. Establishment. 

Sec. 1422. Membership. 

Sec. 1423. Chairmen. 

Sec. 1424. Rulemaking authority. 

Sec. 1425. Authorization of appropriations. 

Subtitle C—Functions of defense and civilian Boards of contract appeals 

Sec. 1431. Contract disputes. 

Sec. 1432. Enhanced access for small business. 

Sec. 1433. Applicability to certain contracts. 

Subtitle D—Transfers and transition, savings, and conforming provisions 

Sec. 1441. Transfer and allocation of appropriations and personnel. 

Sec. 1442. Terminations and savings provisions. 

Sec. 1443. Contract disputes authority of Boards. 

Sec. 1444. References to agency Boards of contract appeals. 

Sec. 1445. Conforming amendments. 

Subtitle E—Effective Date; Regulations and Appointment of Chairmen 

Sec. 1451. Effective date. 

Sec. 1452. Regulations. 

Sec. 1453. Appointment of Chairmen of Defense Board and Civilian Board. 
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1 Subtitle A—General Provisions 

2 SEC. 1411. DEFINITIONS. 

3 (a) IN GENERAL.—The Office of Federal Procure4 ment Policy Act (41 U.S.C. 401 et seq.) is amended by 

5 adding at the end the following: 

6 ‘‘TITLE II—DISPUTE 

7 RESOLUTION 

8 ‘‘Subtitle A—General Provisions 

9 ‘‘SEC. 201. DEFINITIONS. 

10 ‘‘In this title: 

11 ‘‘(1) The term ‘Defense Board’ means the De12 partment of Defense Board of Contract Appeals es13 tablished pursuant to section 8(a)(1) of the Contract 

14 Disputes Act of 1978 (41 U.S.C. 607). 

15 ‘‘(2) The term ‘Civilian Board’ means the Civil16 ian Board of Contract Appeals established pursuant 

17 to section 8(b)(1) of the Contract Disputes Act of 

18 1978 (41 U.S.C. 607). 

19 ‘‘(3) The term ‘Board judge’ means a member 

20 of the Defense Board or the Civilian Board, as the 

21 case may be. 

22 ‘‘(4) The term ‘Chairman’ means the Chairman 

23 of the Defense Board or the Civilian Board, as the 

24 case may be. 

25 ‘‘(5) The term ‘Board concerned’ means— 
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1 ‘‘(A) the Defense Board with respect to 

2 matters within its jurisdiction; and 

3 ‘‘(B) the Civilian Board with respect to 

4 matters within its jurisdiction. 

5 ‘‘(6) The term ‘executive agency’— 

6 ‘‘(A) with respect to contract disputes 

7 under the jurisdiction of the Defense Board, 

8 means the Department of Defense, the Depart9 ment of the Army, the Department of the Navy, 

10 the Department of the Air Force, or the Na11 tional Aeronautics and Space Administration; 

12 and 

13 ‘‘(B) with respect to contract disputes 

14 under the jurisdiction of the Civilian Board, has 

15 the meaning given by section 4(1) of this Act 

16 except that the term does not include the De17 partment of Defense, the Department of the 

18 Army, the Department of the Navy, the Depart19 ment of the Air Force, the National Aero20 nautics and Space Administration, and the Ten21 nessee Valley Authority.’’. 

22 (b) CONFORMING AMENDMENTS.—The Office of 

23 Federal Procurement Policy Act (41 U.S.C. 401 et seq.) 

24 is further amended— 

25 (1) by inserting the following before section 1: 
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1 ‘‘TITLE I—FEDERAL PROCURE2 MENT POLICY GENERALLY’’

; 

3 and 

4 (2) in section 4, by striking out ‘‘As used in 

5 this Act:’’ and inserting in lieu thereof ‘‘Except as 

6 otherwise specifically provided, as used in this Act:’’. 

7 Subtitle B—Establishment of Civil8 ian and Defense Boards of Con9 tract Appeals 

10 SEC. 1421. ESTABLISHMENT. 

11 (a) DEFENSE BOARD.—Subsection (a)(1) of section 

12 8 of the Contract Disputes Act of 1978 (41 U.S.C. 607) 

13 is amended to read as follows: 

14 ‘‘(a)(1) There is established in the Department of De15 fense a board of contract appeals to be known as the De16 partment of Defense Board of Contract Appeals.’’. 

17 (b) CIVILIAN BOARD.—Subsection (b)(1) of section 

18 8 of the Contract Disputes Act of 1978 (41 U.S.C. 607) 

19 is amended to read as follows: 

20 ‘‘(b)(1) There is established in the General Services 

21 Administration a board of contract appeals to be known 

22 as the Civilian Board of Contract Appeals.’’. 
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1 SEC. 1422. MEMBERSHIP. 

2 The Office of Federal Procurement Policy Act (41 

3 U.S.C. 401 et seq.), as amended by section 1411, is fur4 ther amended by adding at the end the following: 

5 ‘‘SEC. 202. MEMBERSHIP. 

6 ‘‘(a) APPOINTMENT.—(1)(A) The Defense Board 

7 shall consist of judges appointed by the Secretary of De8 fense from a register of applicants maintained by the De9 fense Board, in accordance with rules issued by the De10 fense Board for establishing and maintaining a register 

11 of eligible applicants and selecting Defense Board judges. 

12 The Secretary shall appoint a judge without regard to po13 litical affiliation and solely on the basis of the professional 

14 qualifications required to perform the duties and respon15 sibilities of a Defense Board judge. 

16 ‘‘(B) The Civilian Board shall consist of judges ap17 pointed by the Administrator for Federal Procurement 

18 Policy from a register of applicants maintained by the Ad19 ministrator, in accordance with rules issued by the Admin20 istrator for establishing and maintaining a register of eli21 gible applicants and selecting Civilian Board judges. The 

22 Administrator shall appoint a judge without regard to po23 litical affiliation and solely on the basis of the professional 

24 qualifications required to perform the duties and respon25 sibilities of a Civilian Board judge. 
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1 ‘‘(2) The members of the Defense Board and the Ci2 vilian Board shall be selected and appointed to serve in 

3 the same manner as administrative law judges appointed 

4 pursuant to section 3105 of title 5, United States Code, 

5 with an additional requirement that such members shall 

6 have had not fewer than five years of experience in public 

7 contract law. 

8 ‘‘(3) Notwithstanding paragraph (2) and subject to 

9 subsection (b), the following persons shall serve as Board 

10 judges: 

11 ‘‘(A) For the Defense Board, any full-time 

12 member of the Armed Services Board of Contract 

13 Appeals serving as such on the day before the effec14 tive date of this title. 

15 ‘‘(B) For the Civilian Board, any full-time 

16 member of any agency board of contract appeals 

17 other than the Armed Services Board of Contract 

18 Appeals, the Postal Service Board of Contract Ap19 peals, and the board of contract appeals of the Ten20 nessee Valley Authority serving as such on the day 

21 before the effective date of this title. 

22 ‘‘(b) REMOVAL.—Members of the Defense Board and 

23 the Civilian Board shall be subject to removal in the same 

24 manner as administrative law judges, as provided in sec25 tion 7521 of title 5, United States Code. 
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1 ‘‘(c) COMPENSATION.—Compensation for the Chair2 man of the Defense Board and the Chairman of the Civil3 ian Board and all other members of each Board shall be 

4 determined under section 5372a of title 5, United States 

5 Code.’’. 

6 SEC. 1423. CHAIRMEN. 

7 The Office of Federal Procurement Policy Act (41 

8 U.S.C. 401 et seq.), as amended by section 1422, is fur9 ther amended by adding at the end the following: 

10 ‘‘SEC. 203. CHAIRMEN. 

11 ‘‘(a) DESIGNATION.—(1)(A) The Chairman of the 

12 Defense Board shall be designated by the Secretary of De13 fense to serve for a term of five years. The Secretary shall 

14 select the Chairman from among sitting judges each of 

15 whom has had at least five years of service as a member 

16 of the Armed Services Board of Contract Appeals. 

17 ‘‘(B) The Chairman of the Civilian Board shall be 

18 designated by the Administrator for Federal Procurement 

19 Policy to serve for a term of five years. The Administrator 

20 shall select the Chairman from among sitting judges each 

21 of whom has had at least five years of service as a member 

22 of an agency board of contract appeals other than the 

23 Armed Services Board of Contract Appeals. 

24 ‘‘(2) A Chairman of a Board may continue to serve 

25 after the expiration of the Chairman’s term until a suc-
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1 cessor has taken office. A Chairman may be reappointed 

2 any number of times. 

3 ‘‘(b) RESPONSIBILITIES.—The Chairman of the De4 fense Board or the Civilian Board, as the case may be, 

5 shall be responsible on behalf of the Board for the execu6 tive and administrative operation of the Board, including 

7 functions of the Board with respect to the following: 

8 ‘‘(1) The selection, appointment, and fixing of 

9 the compensation of such personnel, pursuant to 

10 part III of title 5, United States Code, as the Chair11 man considers necessary or appropriate, including a 

12 Clerk of the Board, a General Counsel, and clerical 

13 and legal assistance for Board judges. 

14 ‘‘(2) The supervision of personnel employed by 

15 or assigned to the Board, and the distribution of 

16 work among such personnel. 

17 ‘‘(3) The operation of an Office of the Clerk of 

18 the Board, including the receipt of all filings made 

19 with the Board, the assignment of cases, and the 

20 maintenance of all records of the Board. 

21 ‘‘(4) The prescription of such rules and regula22 tions as the Chairman considers necessary or appro23 priate for the administration and management of the 

24 Board. 
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1 ‘‘(c) VICE CHAIRMEN.—The Chairman of the De2 fense Board or the Civilian Board, as the case may be, 

3 may designate up to two other Board judges as Vice 

4 Chairmen. The Vice Chairmen, in the order designated by 

5 the Chairman, shall act in the place and stead of the 

6 Chairman during the absence of the Chairman.’’. 

7 SEC. 1424. RULEMAKING AUTHORITY. 

8 The Office of Federal Procurement Policy Act (41 

9 U.S.C. 401 et seq.), as amended by section 1423, is fur10 ther amended by adding at the end the following: 

11 ‘‘SEC. 204. RULEMAKING AUTHORITY. 

12 ‘‘Except as provided by section 1452 of the National 

13 Defense Authorization Act for Fiscal Year 2006, the 

14 Chairman of the Defense Board and the Chairman of the 

15 Civilian Board, in consultation with the Administrator for 

16 Federal Procurement Policy, shall jointly issue and main17 tain— 

18 ‘‘(1) such procedural rules and regulations as 

19 are necessary to the exercise of the functions of the 

20 Boards under section 211; and 

21 ‘‘(2) statements of policy of general applica22 bility with respect to such functions.’’. 
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1 SEC. 1425. AUTHORIZATION OF APPROPRIATIONS. 

2 The Office of Federal Procurement Policy Act (41 

3 U.S.C. 401 et seq.), as amended by section 1424, is fur4 ther amended by adding at the end the following: 

5 ‘‘SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 

6 ‘‘There are authorized to be appropriated for fiscal 

7 year 2006 and each succeeding fiscal year such sums as 

8 may be necessary to carry out the provisions of this title. 

9 Funds for the activities of each Board shall be separately 

10 appropriated for such purpose. Funds appropriate pursu11 ant to this section shall remain available until expended.’’. 

12 Subtitle C—Functions of Defense 

13 and Civilian Boards of Contract 

14 Appeals 

15 SEC. 1431. CONTRACT DISPUTES. 

16 The Office of Federal Procurement Policy Act (41 

17 U.S.C. 401 et seq.), as amended by section 1425, is fur18 ther amended by adding at the end the following: 

19 ‘‘Subtitle B—Functions of the De20 fense and Civilian Boards of 

21 Contract Appeals 

22 ‘‘SEC. 211. CONTRACT DISPUTES. 

23 ‘‘The Defense Board shall have jurisdiction as pro24 vided by section 8(a)(1) of the Contract Disputes Act of 

25 1978 (41 U.S.C. 607(a)). The Civilian Board shall have 
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1 jurisdiction as provided by section 8(b)(1) of such Act (41 

2 U.S.C. 607(b)).’’. 

3 SEC. 1432. ENHANCED ACCESS FOR SMALL BUSINESS. 

4 Section 9(a) of the Contract Disputes Act of 1978 

5 (41 U.S.C. 608) is amended by striking out the period 

6 at the end of the first sentence and inserting the following: 

7 ‘‘or, in the case of a small business concern (as defined 

8 in the Small Business Act and regulations under that 

9 Act), $150,000 or less.’’. 

10 SEC. 1433. APPLICABILITY TO CERTAIN CONTRACTS. 

11 The Office of Federal Procurement Policy Act (41 

12 U.S.C. 401 et seq.), as amended by section 1431, is fur13 ther amended by adding at the end the following: 

14 ‘‘SEC. 212. APPLICABILITY TO CERTAIN CONTRACTS. 

15 ‘‘(a) CONTRACTS AT OR BELOW THE SIMPLIFIED AC16 QUISITION THRESHOLD.—Notwithstanding section 33 of 

17 this Act, the authority conferred on the Defense Board 

18 and the Civilian Board by this title is applicable to con19 tracts in amounts not greater than the simplified acquisi20 tion threshold. 

21 ‘‘(b) CONTRACTS FOR COMMERCIAL ITEMS.—Not22 withstanding section 34 of this Act, the authority con23 ferred on the Defense Board and the Civilian Board by 

24 this title is applicable to contracts for the procurement of 

25 commercial items.’’. 
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1 Subtitle D—Transfers and Transi2 tion, Savings, and Conforming 

3 Provisions 

4 SEC. 1441. TRANSFER AND ALLOCATION OF APPROPRIA5 TIONS AND PERSONNEL. 

6 (a) TRANSFERS.— 

7 (1) ARMED SERVICES BOARD OF CONTRACT AP8 PEALS.—The personnel employed in connection with, 

9 and the assets, liabilities, contracts, property, 

10 records, and unexpended balance of appropriations, 

11 authorizations, allocations, and other funds em12 ployed, held, used, arising from, available to, or to 

13 be made available in connection with the functions 

14 vested by law in the Armed Services Board of Con15 tract Appeals established pursuant to section 8 of 

16 the Contract Disputes Act of 1978 (41 U.S.C. 607) 

17 (as in effect on the day before the effective date de18 scribed in section 1451), shall be transferred to the 

19 Department of Defense Board of Contract Appeals 

20 for appropriate allocation by the Chairman of that 

21 Board. 

22 (2) OTHER BOARDS OF CONTRACTS APPEALS.— 

23 The personnel employed in connection with, and the 

24 assets, liabilities, contracts, property, records, and 

25 unexpended balance of appropriations, authoriza-
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1 tions, allocations, and other funds employed, held, 

2 used, arising from, available to, or to be made avail3 able in connection with the functions vested by law 

4 in the boards of contract appeals established pursu5 ant to section 8 of the Contract Disputes Act of 

6 1978 (41 U.S.C. 607) (as in effect on the day before 

7 the effective date described in section 1451) other 

8 than the Armed Services Board of Contract Appeals, 

9 the board of contract appeals of the Tennessee Val10 ley Authority, and the Postal Service Board of Con11 tract Appeals shall be transferred to the Civilian 

12 Board of Contract Appeals for appropriate allocation 

13 by the Chairman of that Board. 

14 (b) EFFECT ON PERSONNEL.—Personnel transferred 

15 pursuant to this subtitle shall not be separated or reduced 

16 in compensation for one year after such transfer, except 

17 for cause. 

18 (c) REGULATIONS.—(1) The Department of Defense 

19 Board of Contract Appeals and the Civilian Board of Con20 tract Appeals shall each prescribe regulations for the re21 lease of competing employees in a reduction in force that 

22 gives due effect to— 

23 (A) efficiency or performance ratings; 

24 (B) military preference; and 

25 (C) tenure of employment. 
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1 (2) In prescribing the regulations, the Board con2 cerned shall provide for military preference in the same 

3 manner as set forth in subchapter I of chapter 35 of title 

4 5, United States Code. 

5 SEC. 1442. TERMINATIONS AND SAVINGS PROVISIONS. 

6 (a) TERMINATION OF BOARDS OF CONTRACT AP7 PEALS.—Effective on the effective date described in sec8 tion 1451, the boards of contract appeals established pur9 suant to section 8 of the Contract Disputes Act of 1978 

10 (41 U.S.C. 607) (as in effect on the day before such effec11 tive date), other than the board of contract appeals of the 

12 Tennessee Valley Authority and the Postal Service Board 

13 of Contract Appeals, shall terminate. 

14 (b) SAVINGS PROVISION FOR CONTRACT DISPUTE

15 MATTERS PENDING BEFORE BOARDS.—(1) This title and 

16 the amendments made by this title shall not affect any 

17 proceedings pending on the effective date described in sec18 tion 1451 before any board of contract appeals terminated 

19 by subsection (a). 

20 (2) In the case of any such proceedings pending be21 fore the Armed Services Board of Contract Appeals, the 

22 proceedings shall be continued by the Department of De23 fense Board of Contract Appeals, and orders which were 

24 issued in any such proceeding by the Armed Services 

25 Board of Contract Appeals shall continue in effect until 
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1 modified, terminated, superseded, or revoked by the De2 partment of Defense Board of Contract Appeals, by a 

3 court of competent jurisdiction, or by operation of law. 

4 (3) In the case of any such proceedings pending be5 fore an agency board of contract appeals other than the 

6 Armed Services Board of Contract Appeals or the board 

7 of contract appeals of the Tennessee Valley Authority, the 

8 proceedings shall be continued by the Civilian Board of 

9 Contract Appeals, and orders which were issued in any 

10 such proceeding by the agency board shall continue in ef11 fect until modified, terminated, superseded, or revoked by 

12 the Civilian Board of Contract Appeals, by a court of com13 petent jurisdiction, or by operation of law. 

14 SEC. 1443. CONTRACT DISPUTES AUTHORITY OF BOARDS. 

15 (a) Section 2 of the Contract Disputes Act of 1978 

16 (41 U.S.C. 601) is amended— 

17 (1) in paragraph (2), by striking out ‘‘, the 

18 United States Postal Service, and the Postal Rate 

19 Commission’’; 

20 (2) by redesignating paragraph (7) as para21 graph (9); 

22 (3) by amending paragraph (6) to read as fol23 lows: 

24 ‘‘(6) the terms ‘agency board’ or ‘agency board 

25 of contract appeals’ mean— 
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1 ‘‘(1) the Department of Defense Board of 

2 Contract Appeals established under section 

3 8(a)(1) of this Act; 

4 ‘‘(2) the Civilian Board of Contract Ap5 peals established under section 8(b)(1) of this 

6 Act; 

7 ‘‘(3) the board of contract appeals of the 

8 Tennessee Valley Authority; or 

9 ‘‘(4) the Postal Service Board of Contract 

10 Appeals established under section 8(h) of this 

11 Act;’’; and 

12 (4) by inserting after paragraph (6) the fol13 lowing new paragraphs: 

14 ‘‘(7) the term ‘Defense Board’ means the De15 partment of Defense Board of Contract Appeals es16 tablished under section 8(a)(1) of this Act; 

17 ‘‘(8) the term ‘Civilian Board’ means the Civil18 ian Board of Contract Appeals established under 

19 section 8(b)(1) of this Act; and’’. 

20 (b) Section 8 of the Contract Disputes Act of 1978 

21 (41 U.S.C. 607), as amended by section 1421, is further 

22 amended— 

23 (1) by striking out subsection (c); 

24 (2) in subsection (d)— 
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1 (A) by striking out the first sentence and 

2 inserting in lieu thereof the following: ‘‘The De3 fense Board shall have jurisdiction to decide 

4 any appeal from a decision of a contracting offi5 cer of the Department of Defense, the Depart6 ment of the Army, the Department of the Navy, 

7 the Department of the Air Force, or the Na8 tional Aeronautics and Space Administration 

9 relative to a contract made by that department 

10 or agency. The Civilian Board shall have juris11 diction to decide any appeal from a decision of 

12 a contracting officer of any executive agency 

13 (other than the Department of Defense, the De14 partment of the Army, the Department of the 

15 Navy, the Department of the Air Force, the 

16 National Aeronautics and Space Administra17 tion, the United States Postal Service, the Post18 al Rate Commission, or the Tennessee Valley 

19 Authority) relative to a contract made by that 

20 agency. Each other agency board shall have ju21 risdiction to decide any appeal from a decision 

22 of a contracting officer relative to a contract 

23 made by its agency.’’; and 
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1 (B) in the second sentence, by striking out 

2 ‘‘Claims Court’’ and inserting in lieu thereof 

3 ‘‘Court of Federal Claims’’; 

4 (3) by striking out subsection (h) and inserting 

5 in lieu thereof the following: 

6 ‘‘(h) There is established an agency board of contract 

7 appeals to be known as the ‘Postal Service Board of Con8 tract Appeals’. Such board shall have jurisdiction to decide 

9 any appeal from a decision of a contracting officer of the 

10 United States Postal Service or the Postal Rate Commis11 sion relative to a contract made by either agency. Such 

12 board shall consist of judges appointed by the Postmaster 

13 General who shall meet the qualifications of and serve in 

14 the same manner as judges of the Civilian Board of Con15 tract Appeals. This Act and title II of the Office of Fed16 eral Procurement Policy Act shall apply to contract dis17 putes before the Postal Service Board of Contract Appeals 

18 in the same manner as they apply to contract disputes 

19 before the Civilian Board.’’; and 

20 (4) by striking out subsection (i). 

21 SEC. 1444. REFERENCES TO AGENCY BOARDS OF CON22 TRACT APPEALS. 

23 (a) DEFENSE BOARD.—Any reference to the Armed 

24 Services Board of Contract Appeals in any provision of 

25 law or in any rule, regulation, or other paper of the United 
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1 States shall be treated as referring to the Department of 

2 Defense Board of Contract Appeals. 

3 (b) CIVILIAN BOARD.—Any reference to an agency 

4 board of contract appeals other than the Armed Services 

5 Board of Contract Appeals, the board of contract appeals 

6 of the Tennessee Valley Authority, or the Postal Service 

7 Board of Contract Appeals in any provision of law or in 

8 any rule, regulation, or other paper of the United States 

9 shall be treated as referring to the Civilian Board of Con10 tract Appeals. 

11 SEC. 1445. CONFORMING AMENDMENTS. 

12 (a) TITLE 5.—Section 5372a(a)(1) of title 5, United 

13 States Code, is amended by inserting after ‘‘of 1978’’ the 

14 following: ‘‘or a member of the Department of Defense 

15 Board of Contract Appeals or the Civilian Board of Con16 tract Appeals appointed under section 202 of the Office 

17 of Federal Procurement Policy Act’’. 

18 (b) OFFICE OF FEDERAL PROCUREMENT POLICY

19 ACT.— 

20 (1) The table of contents for the Office of Fed21 eral Procurement Policy Act (contained in section 

22 1(b)) is amended by inserting the following before 

23 the item relating to section 1: 

‘‘TITLE I—FEDERAL PROCUREMENT POLICY GENERALLY’’. 
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1 (2) The table of contents for the Office of Fed2 eral Procurement Policy Act (contained in section 

3 1(b)) is amended by adding at the end the following: 

‘‘TITLE II—DISPUTE RESOLUTION 

‘‘Subtitle A—General provisions 

‘‘201. Definitions. 

‘‘202. Membership. 

‘‘203. Chairmen. 

‘‘204. Rulemaking authority. 

‘‘205. Authorization of appropriations. 

‘‘Subtitle B—Functions of the defense and civilian Boards of contract appeals 

‘‘211. Contract disputes. 

‘‘212. Applicability to certain contracts.’’. 

4 Subtitle E—Effective Date; Regula5 tions and Appointment of Chair6 men 

7 SEC. 1451. EFFECTIVE DATE. 

8 Title II of the Office of Federal Procurement Policy 

9 Act, as added by this title, and the amendments and re10 peals made by this title shall take effect 1 year after the 

11 date of the enactment of this Act. 

12 SEC. 1452. REGULATIONS. 

13 (a) REGULATIONS REGARDING CLAIMS.—Not later 

14 than 1 year after the date of the enactment of this Act, 

15 the Chairman of the Armed Services Board of Contract 

16 Appeals and the Chairman of the General Services Board 

17 of Contract Appeals, in consultation with the Adminis18 trator for Federal Procurement Policy, shall jointly 

19 issue— 
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1 (1) such procedural rules and regulations as are 

2 necessary to the exercise of the functions of the De3 partment of Defense Board of Contract Appeals and 

4 the Civilian Board of Contract Appeals under sec5 tions 211 of the Office of Federal Procurement Pol6 icy Act (as added by this title); and 

7 (2) statements of policy of general applicability 

8 with respect to such functions. 

9 (b) REGULATIONS REGARDING APPOINTMENT OF

10 JUDGES.—Not later than 1 year after the date of the en11 actment of this Act— 

12 (1) the Chairman of the Armed Services Board 

13 of Contract Appeals shall issue rules governing the 

14 establishment and maintenance of a register of eligi15 ble applicants and the selection of judges for the De16 partment of Defense Board of Contract Appeals; 

17 and 

18 (2) the Administrator for Federal Procurement 

19 Policy shall issue rules governing the establishment 

20 and maintenance of a register of eligible applicants 

21 and the selection of judges for the Civilian Board of 

22 Contract Appeals. 
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1 SEC. 1453. APPOINTMENT OF CHAIRMEN OF DEFENSE 

2 BOARD AND CIVILIAN BOARD. 

3 Notwithstanding section 1451, not later than 1 year 

4 after the date of the enactment of this Act— 

5 (1) the Secretary of Defense shall appoint the 

6 Chairman of the Department of Defense Board of 

7 Contract Appeals; and 

8 (2) the Administrator for Federal Procurement 

9 Policy shall appoint the Chairman of the Civilian 

10 Board of Contract Appeals. 

11 TITLE XV—AUTHORIZATION FOR 

12 INCREASED COSTS DUE TO 

13 OPERATION IRAQI FREEDOM 

14 AND OPERATION ENDURING 

15 FREEDOM 

Subtitle A—General Increases 

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Navy and Marine Corps procurement. 

Sec. 1504. Defense-wide activities procurement. 

Sec. 1505. Research, development, test, and evaluation, defense-wide activities. 

Sec. 1506. Operation and maintenance. 

Sec. 1507. Defense working capital funds. 

Sec. 1508. Defense Health Program. 

Sec. 1509. Military personnel. 

Sec. 1510. Iraq Freedom Fund. 

Sec. 1511. Classified programs. 

Sec. 1512. Treatment as additional authorizations. 

Sec. 1513. Transfer authority. 

Sec. 1514. Availability of funds. 

Subtitle B—Personnel Provisions 

Sec. 1521. Increase in active Army and Marine Corps strength levels. 

Sec. 1522. Additional authority for increases of Army and Marine Corps active 

duty end strengths for fiscal years 2007 through 2009. 
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Sec. 1523. Military death gratuity enhancement. 

Sec. 1524. Permanent prohibition against requiring certain injured members to 

pay for meals provided by military treatment facilities. 

Sec. 1525. Permanent authority to provide travel and transportation allowances 

for dependents to visit hospitalized members injured in combat 

operation or combat zone. 

Sec. 1526. 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. 1527. Availability of special pay for members during rehabilitation from 

combat-related injuries. 

Sec. 1528. Allowance to cover monthly deduction from basic pay for 

Servicemembers’ Group Life Insurance coverage for members 

serving in Operation Enduring Freedom or Operation Iraqi 

Freedom. 

Subtitle C—Matters Involving Support Provided by Foreign Nations 

Sec. 1531. Reimbursement of certain coalition nations for support provided to 

United States military operations. 

1 Subtitle A—General Increases 

2 SEC. 1501. PURPOSE. 

3 The purpose of this title is to authorize emergency 

4 appropriations for the Department of Defense for fiscal 

5 year 2006 to provide funds for additional costs due to Op6 eration Iraqi Freedom and Operation Enduring Freedom. 

7 Funds authorized for appropriation in this title are avail8 able upon the enactment of this Act. 

9 SEC. 1502. ARMY PROCUREMENT. 

10 Funds are hereby authorized to be appropriated for 

11 fiscal year 2006 for procurement accounts of the Army 

12 in amounts as follows: 

13 (1) For weapons and tracked combat vehicles, 

14 $574,627,000. 

15 (2) For ammunition, $105,700,000. 

16 (3) For other procurement, $1,945,350,000. 
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1 SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT. 

2 (a) NAVY.—Funds are hereby authorized to be appro3 priated for fiscal year 2006 for procurement accounts for 

4 the Navy in amounts as follows: 

5 (1) For weapons procurement, $36,800,000. 

6 (2) For other procurement, $15,300,000. 

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

8 be appropriated for fiscal year 2006 for procurement for 

9 the Marine Corps in the amount of $445,400,000. 

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

11 are hereby authorized to be appropriated for fiscal year 

12 2006 for procurement of ammunition for the Navy and 

13 the Marine Corps in the amount of $144,721,000. 

14 SEC. 1504. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

15 Funds are hereby authorized to be appropriated for 

16 fiscal year 2006 for the procurement account for Defense17 wide procurement in the amount of $103,900,000. 

18 SEC. 1505. RESEARCH, DEVELOPMENT, TEST, AND EVALUA19 TION, DEFENSE-WIDE ACTIVITIES. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2006 for the Department of Defense for re22 search, development, test and evaluation, Defense-wide, in 

23 the amount of $75,000,000. 

24 SEC. 1506. OPERATION AND MAINTENANCE. 

25 Funds are hereby authorized to be appropriated for 

26 fiscal year 2006 for the use of the Armed Forces for ex-
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1 penses, not otherwise provided for, for operation and 

2 maintenance, in amounts as follows: 

3 (1) For the Army, $20,305,001,000. 

4 (2) For the Navy, $1,838,000,000. 

5 (3) For the Marine Corps, $1,791,800,000. 

6 (4) For the Air Force, $3,195,352,000. 

7 (5) For Defense-wide, $2,870,333,000. 

8 (6) For the Army National Guard, 

9 $159,500,000. 

10 (7) For the Army Reserve, $26,400,000. 

11 SEC. 1507. DEFENSE WORKING CAPITAL FUNDS. 

12 Funds are hereby authorized to be appropriated for 

13 fiscal year 2006 for the Defense Working Capital Fund 

14 in the amount of $1,700,000,000. 

15 SEC. 1508. DEFENSE HEALTH PROGRAM. 

16 Funds are hereby authorized to be appropriated for 

17 the Department of Defense for fiscal year 2006 for ex18 penses, not otherwise provided for, for the Defense Health 

19 Program in the amount of $846,000,000, for Operation 

20 and Maintenance. 

21 SEC. 1509. MILITARY PERSONNEL. 

22 There is hereby authorized to be appropriated to the 

23 Department of Defense for military personnel accounts for 

24 fiscal year 2006 a total of $9,390,010,000. 
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1 SEC. 1510. IRAQ FREEDOM FUND. 

2 (a) IN GENERAL.—Funds are hereby authorized to 

3 be appropriated for fiscal year 2006 for the account of 

4 the Iraq Freedom Fund in amount of $1,000,000,000, to 

5 remain available for transfer to other accounts in this title 

6 until April 30, 2006. Amounts of authorization so trans7 ferred shall be merged with, and be made available for, 

8 the same purposes as the authorization to which trans9 ferred. 

10 (b) NOTICE TO CONGRESS.—A transfer may be made 

11 from the Iraq Freedom Fund only after the Secretary of 

12 Defense notifies the congressional defense subcommittees 

13 with respect to the proposed transfer in writing not less 

14 than five days before the transfer is made. 

15 SEC. 1511. CLASSIFIED PROGRAMS. 

16 There is hereby authorized to be appropriated for fis17 cal year 2006 for classified programs the amount of 

18 $2,500,000,000. 

19 SEC. 1512. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

20 The amounts authorized to be appropriated by this 

21 title are in addition to amounts otherwise authorized to 

22 be appropriated by this Act. 

23 SEC. 1513. TRANSFER AUTHORITY. 

24 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

25 (1) AUTHORITY.—Upon determination by the 

26 Secretary of Defense that such action is necessary in 
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1 the national interest, the Secretary may transfer 

2 amounts of authorizations made available to the De3 partment of Defense in this title for fiscal year 2006 

4 between any such authorizations for that fiscal year 

5 (or any subdivisions thereof). Amounts of authoriza6 tions so transferred shall be merged with and be 

7 available for the same purposes as the authorization 

8 to which transferred. 

9 (2) LIMITATION.—The total amount of author10 izations that the Secretary may transfer under the 

11 authority of this section may not exceed 

12 $3,000,000,000. The transfer authority provided in 

13 this section is in addition to any other transfer au14 thority available to the Secretary of Defense. 

15 (b) LIMITATIONS.—The authority provided by this 

16 section to transfer authorizations— 

17 (1) may only be used to provide authority for 

18 items that have a higher priority than the items 

19 from which authority is transferred; 

20 (2) may not be used to provide authority for an 

21 item that has been denied authorization by Con22 gress; and 

23 (3) may not be combined with the authority 

24 under section 1001. 
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1 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

2 transfer made from one account to another under the au3 thority of this section shall be deemed to increase the 

4 amount authorized for the account to which the amount 

5 is transferred by an amount equal to the amount trans6 ferred. 

7 (d) NOTICE TO CONGRESS.—A transfer may be made 

8 under the authority of this section only after the Secretary 

9 of Defense— 

10 (1) consults with the chairmen and ranking 

11 members of the congressional defense committees 

12 with respect to the proposed transfer; and 

13 (2) after such consultation, notifies those com14 mittees in writing of the proposed transfer not less 

15 than five days before the transfer is made. 

16 SEC. 1514. AVAILABILITY OF FUNDS. 

17 Funds in this title shall be made available for obliga18 tion to the Army, Navy, Marine Corps, Air Force, and 

19 Defense-wide components by the end of the second quarter 

20 of fiscal year 2006. 
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1 Subtitle B—Personnel Provisions 

2 SEC. 1521. INCREASE IN ACTIVE ARMY AND MARINE CORPS 

3 STRENGTH LEVELS. 

4 (a) AUTHORIZED END STRENGTHS.—The end 

5 strength level authorized for fiscal year 2006 under sec6 tion 401— 

7 (1) for the Army is hereby increased by 30,000; 

8 and 

9 (2) for the Marine Corps is hereby increased by 

10 4,000. 

11 (b) STATUTORY MINIMUM ACTIVE STRENGTH LEV12 ELS.— 

13 (1) ARMY.—The minimum strength for the 

14 Army under section 691(b) of title 10, United States 

15 Code (notwithstanding the number specified in para16 graph (1) of that section) for the period beginning 

17 on October 1, 2005, and ending on September 30, 

18 2006, shall be the number specified in section 

19 401(1) of this Act, increased by 30,000. 

20 (2) MARINE CORPS.—The minimum strength 

21 for the Marine Corps under section 691(b) of title 

22 10, United States Code (notwithstanding the num23 ber specified in paragraph (3) of that section) for 

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

25 on September 30, 2006, shall be the number speci-
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1 fied in section 401(3) of this Act, increased by 

2 4,000. 

3 (c) LIMITATION.—The authorized strengths for the 

4 Army and Marine Corps provided in subsection (a) for ac5 tive duty personnel for fiscal year 2006 are subject to the 

6 condition that costs of active-duty personnel of the Army 

7 and the Marine Corps for that fiscal year in excess of 

8 482,400 and 175,000, respectively, shall be paid out of 

9 funds appropriated for that fiscal year for a contingent 

10 emergency reserve fund or as an emergency supplemental 

11 appropriation. 

12 SEC. 1522. ADDITIONAL AUTHORITY FOR INCREASES OF 

13 ARMY AND MARINE CORPS ACTIVE DUTY END 

14 STRENGTHS FOR FISCAL YEARS 2007 

15 THROUGH 2009. 

16 Effective October 1, 2006, the text of section 403 of 

17 the Ronald W. Reagan National Defense Authorization 

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

19 1863) is amended to read as follows: 

20 ‘‘(a) AUTHORITY.— 

21 ‘‘(1) ARMY.—For each of fiscal years 2007, 

22 2008, and 2009, the Secretary of Defense may, as 

23 the Secretary determines necessary for the purposes 

24 specified in paragraph (3), establish the active-duty 

25 end strength for the Army at a number greater than 
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1 the number otherwise authorized by law up to the 

2 number equal to the fiscal-year 2006 baseline plus 

3 20,000. 

4 ‘‘(2) MARINE CORPS.—For each of fiscal years 

5 2007, 2008, and 2009, the Secretary of Defense 

6 may, as the Secretary determines necessary for the 

7 purposes specified in paragraph (3), establish the ac8 tive-duty end strength for the Marine Corps at a 

9 number greater than the number otherwise author10 ized by law up to the number equal to the fiscal-year 

11 2006 baseline plus 5,000. 

12 ‘‘(3) PURPOSE OF INCREASES.—The purposes 

13 for which increases may be made in Army and Ma14 rine Corps active duty end strengths under para15 graphs (1) and (2) are— 

16 ‘‘(A) to support operational missions; and 

17 ‘‘(B) to achieve transformational reorga18 nization objectives, including objectives for in19 creased numbers of combat brigades and battal20 ions, increased unit manning, force stabilization 

21 and shaping, and rebalancing of the active and 

22 reserve component forces. 

23 ‘‘(4) FISCAL-YEAR 2006 BASELINE.—In this 

24 subsection, the term ‘fiscal-year 2006 baseline’, with 

25 respect to the Army and Marine Corps, means the 
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1 active-duty end strength authorized for those serv2 ices in section 1521 of the National Defense Author3 ization Act for Fiscal Year 2006. 

4 ‘‘(5) ACTIVE-DUTY END STRENGTH.—In this 

5 subsection, the term ‘active-duty end strength’ 

6 means the strength for active-duty personnel of one 

7 the Armed Forces as of the last day of a fiscal year. 

8 ‘‘(b) RELATIONSHIP TO PRESIDENTIAL WAIVER AU9 THORITY.—Nothing in this section shall be construed to 

10 limit the President’s authority under section 123a of title 

11 10, United States Code, to waive any statutory end 

12 strength in a time of war or national emergency. 

13 ‘‘(c) RELATIONSHIP TO OTHER VARIANCE AUTHOR14 ITY.—The authority under subsection (a) is in addition 

15 to the authority to vary authorized end strengths that is 

16 provided in subsections (e) and (f) of section 115 of title 

17 10, United States Code. 

18 ‘‘(d) BUDGET TREATMENT.— 

19 ‘‘(1) FISCAL YEAR 2007 BUDGET.—The budget 

20 for the Department of Defense for fiscal year 2007 

21 as submitted to Congress shall comply, with respect 

22 to funding, with subsections (c) and (d) of section 

23 691 of title 10, United States Code. 

24 ‘‘(2) OTHER INCREASES.—If the Secretary of 

25 Defense plans to increase the Army or Marine Corps 
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1 active duty end strength for a fiscal year under sub2 section (a), then the budget for the Department of 

3 Defense for that fiscal year as submitted to Con4 gress shall include the amounts necessary for fund5 ing that active duty end strength in excess of the fis6 cal year 2006 active duty end strength authorized 

7 for that service under section 401 of the National 

8 Defense Authorization Act for Fiscal Year 2006.’’. 

9 SEC. 1523. MILITARY DEATH GRATUITY ENHANCEMENT. 

10 (a) INCREASE IN AMOUNT.—Section 1478 of title 10, 

11 United States Code, is amended— 

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

13 subsections (c) and (e), respectively; 

14 (2) by designating the second sentence of sub15 section (a) as subsection (b) and by striking therein 

16 ‘‘this purpose’’ and inserting ‘‘the purpose of sub17 section (a)’’; 

18 (3) in subsection (a), by striking ‘‘title shall be 

19 $12,000 (as adjusted under subsection (c)).’’ and in20 serting the following: ‘‘title— 

21 ‘‘(1) except as provided in paragraph (2), shall 

22 be $12,000 (as adjusted under subsection (e)); and 

23 ‘‘(2) in the case of a death described in sub24 section (d), shall be $100,000.’’; 
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1 (4) by inserting after subsection (c), as redesig2 nated by paragraph (1), the following new sub3 section: 

4 ‘‘(d) A death referred to in subsection (a)(2) is a 

5 death resulting from wounds, injuries, or illnesses that 

6 are— 

7 ‘‘(1) incurred as described in section 

8 1413a(e)(2) of this title; or 

9 ‘‘(2) incurred in an operation designated by the 

10 Secretary of Defense as a combat operation or in an 

11 area designated by the Secretary as a combat 

12 zone.’’; and 

13 (5) in subsection (e), as redesignated by para14 graph (1), by striking ‘‘subsection (a)’’ and inserting 

15 ‘‘subsection (a)(1)’’. 

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

17 subsection (a) shall take effect on October 1, 2005, imme18 diately after the provisions of the second sentence of sec19 tion 1013(e)(2) of division A of the Emergency Supple20 mental Appropriations Act for Defense, the Global War 

21 on Terror, and Tsunami Relief, 2005 (Public Law 109– 

22 13). 
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1 SEC. 1524. PERMANENT PROHIBITION AGAINST REQUIRING 

2 CERTAIN INJURED MEMBERS TO PAY FOR 

3 MEALS PROVIDED BY MILITARY TREATMENT 

4 FACILITIES. 

5 (a) PROHIBITION.—Section 402 of title 37, United 

6 States Code, is amended— 

7 (1) by redesignating subsection (h) as sub8 section (i); and 

9 (2) by inserting after subsection (g) the fol10 lowing new subsection: 

11 ‘‘(h) NO PAYMENT FOR MEALS RECEIVED AT MILI12 TARY TREATMENT FACILITIES.—(1) A member of the 

13 armed forces who is undergoing medical recuperation or 

14 therapy, or is otherwise in the status of continuous care, 

15 including outpatient care, at a military treatment facility 

16 for an injury, illness, or disease described in paragraph 

17 (2) shall not be required to pay, during any month in 

18 which the member is entitled to a basic allowance for sub19 sistence under this section, any charge for meals provided 

20 to the member by the military treatment facility. 

21 ‘‘(2) Paragraph (1) applies with respect to an injury, 

22 illness, or disease incurred or aggravated by a member 

23 while the member was serving on active duty— 

24 ‘‘(A) in support of Operation Iraqi Freedom or 

25 Operation Enduring Freedom; or 
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1 ‘‘(B) in any other operation designated by the 

2 Secretary of Defense as a combat operation or in an 

3 area designated by the Secretary as a combat 

4 zone.’’. 

5 (b) REPEAL OF TEMPORARY AUTHORITY.—Section 

6 1023 of division A of the Emergency Supplemental Appro7 priations Act for Defense, the Global War on Terror, and 

8 Tsunami Relief, 2005 (Public Law 109–13), is repealed. 

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

10 this section shall take effect on the earlier of the following: 

11 (1) The date of the enactment of this Act. 

12 (2) September 30, 2005. 

13 SEC. 1525. PERMANENT AUTHORITY TO PROVIDE TRAVEL 

14 AND TRANSPORTATION ALLOWANCES FOR 

15 DEPENDENTS TO VISIT HOSPITALIZED MEM16 BERS INJURED IN COMBAT OPERATION OR 

17 COMBAT ZONE. 

18 (a) AUTHORITY TO CONTINUE ALLOWANCE.—Effec19 tive as of September 30, 2005, section 1026 of division 

20 A of the Emergency Supplemental Appropriations Act for 

21 Defense, the Global War on Terror, and Tsunami Relief, 

22 2005 (Public Law 109–13), is amended by striking sub23 sections (d) and (e). 
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1 (b) CODIFICATION OF REPORTING REQUIREMENT.— 

2 Section 411h of title 37, United States Code, is amended 

3 by adding at the end the following new subsection: 

4 ‘‘(e) If the amount of travel and transportation allow5 ances provided in a fiscal year under clause (ii) of sub6 section (a)(2)(B) exceeds $20,000,000, the Secretary of 

7 Defense shall submit to Congress a report specifying the 

8 total amount of travel and transportation allowances pro9 vided under such clause in such fiscal year.’’. 

10 (c) CONFORMING AMENDMENT.—Subsection 

11 (a)(2)(B)(ii) of such section, as added by section 1026 of 

12 division A of the Emergency Supplemental Appropriations 

13 Act for Defense, the Global War on Terror, and Tsunami 

14 Relief, 2005 (Public Law 109–13), is amended by striking 

15 ‘‘under section 1967(c)(1)(A) of title 38’’. 

16 SEC. 1526. PERMANENT INCREASE IN LENGTH OF TIME DE17 PENDENTS OF CERTAIN DECEASED MEM18 BERS MAY CONTINUE TO OCCUPY MILITARY 

19 FAMILY HOUSING OR RECEIVE BASIC ALLOW20 ANCE FOR HOUSING. 

21 Effective as of September 30, 2005, section 1022 of 

22 division A of the Emergency Supplemental Appropriations 

23 Act for Defense, the Global War on Terror, and Tsunami 

24 Relief, 2005 (Public Law 109–13), is amended— 

25 (1) by striking ‘‘(a)’’; and 
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1 (2) by striking subsection (b). 

2 SEC. 1527. AVAILABILITY OF SPECIAL PAY FOR MEMBERS 

3 DURING REHABILITATION FROM COMBAT-RE4 LATED INJURIES. 

5 (a) SPECIAL PAY AUTHORIZED.—Chapter 5 of title 

6 37, United States Code, is amended by adding at the end 

7 the following new section: 

8 ‘‘§ 327. Combat-related injury rehabilitation pay 

9 ‘‘(a) SPECIAL PAY AUTHORIZED.—The Secretary 

10 concerned may pay monthly special pay under this section 

11 to a member of the armed forces who incurs a combat12 related injury in a combat operation or combat zone des13 ignated by the Secretary of Defense and is evacuated from 

14 the theater of the combat operation or from the combat 

15 zone for medical treatment. 

16 ‘‘(b) COMMENCEMENT OF PAYMENT.—Subject to 

17 subsection (c), the special pay authorized by subsection 

18 (a) may be paid to a member described in such subsection 

19 for any month beginning after the date on which the mem20 ber was evacuated from the theater of the combat oper21 ation or the combat zone in which the member incurred 

22 the combat-related injury. 

23 ‘‘(c) TERMINATION OF PAYMENTS.—The payment of 

24 special pay to a member under subsection (a) shall termi-
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1 nate at the end of the first month during which any of 

2 the following occurs: 

3 ‘‘(1) The member is paid a benefit under the 

4 traumatic injury protection rider of the 

5 Servicemembers’ Group Life Insurance Program 

6 issued under section 1980A of title 38. 

7 ‘‘(2) The member is no longer hospitalized in a 

8 military treatment facility or a facility under the 

9 auspices of the military health care system. 

10 ‘‘(d) AMOUNT OF SPECIAL PAY.—The monthly 

11 amount of special pay paid to a member under this section 

12 shall be equal to $430. 

13 ‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOW14 ANCES.—Special pay paid to a member under this section 

15 is in addition to any other pay and allowances to which 

16 the member is entitled or authorized to receive. 

17 ‘‘(f) COMBAT-RELATED DISABILITY.—In this section, 

18 the term ‘combat-related injury’, with respect to a mem19 ber, means a wound, injury, or illness that is incurred (as 

20 determined using the criteria prescribed by the Secretary 

21 of Defense under section 1413a(e)(2) of title 10) by the 

22 member— 

23 ‘‘(1) as a direct result of armed conflict; 

24 ‘‘(2) while engaged in hazardous service; 
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1 ‘‘(3) in the performance of duty under condi2 tions simulating war; or 

3 ‘‘(4) through an instrumentality of war.’’. 

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

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

6 adding at the end the following new item: 

‘‘327. Combat-related injury rehabilitation pay.’’. 

7 (c) EFFECTIVE DATE.—The Secretary of a military 

8 department may provide special pay under section 327 of 

9 title 37, United States Code, as added by subsection (a), 

10 for months beginning on or after the date of the enact11 ment of this Act. A member of the Armed Forces who 

12 incurred a combat-related injury, as defined in subsection 

13 (f) of such section, before the date of the enactment of 

14 this Act may receive such pay for months beginning on 

15 or after that date so long as the member continues to sat16 isfy the eligibility criteria specified in such section. 

17 SEC. 1528. ALLOWANCE TO COVER MONTHLY DEDUCTION 

18 FROM BASIC PAY FOR SERVICEMEMBERS’

19 GROUP LIFE INSURANCE COVERAGE FOR 

20 MEMBERS SERVING IN OPERATION ENDUR21 ING FREEDOM OR OPERATION IRAQI FREE22 DOM. 

23 (a) ALLOWANCE TO COVER SGLI DEDUCTIONS.— 

24 Chapter 7 of title 37, United States Code, is amended by 

25 adding at the end the following new section: 
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1 ‘‘§ 437. Allowance to cover monthly premium for 

2 Servicemembers’ Group Life Insurance: 

3 members serving in Operation Enduring 

4 Freedom or Operation Iraqi Freedom 

5 ‘‘(a) REIMBURSEMENT FOR PREMIUM DEDUCTION.— 

6 In the case of a member of the armed forces who has ob7 tained insurance coverage for the member under the 

8 Servicemembers’ Group Life Insurance program under 

9 subchapter III of chapter 19 of title 38 and who serves 

10 in the theater of operations for Operation Enduring Free11 dom or Operation Iraqi Freedom at any time during a 

12 month, the Secretary concerned shall pay the member an 

13 allowance under this section for that month in an amount 

14 equal to the lesser of the following: 

15 ‘‘(1) The amount of the deduction actually 

16 made for that month from the basic pay of the mem17 ber for the amount of Servicemembers’ Group Life 

18 Insurance coverage obtained by the member under 

19 section 1967 of title 38. 

20 ‘‘(2) The amount of the deduction otherwise 

21 made under subsection (a)(1) of section 1969 of title 

22 38 for members who have in effect for themselves 

23 the maximum amount of coverage under section 

24 1967(a) of title 38. 

25 ‘‘(b) NOTICE OF AVAILABILITY OF ALLOWANCE.—To 

26 the maximum extent practicable, in advance of the deploy-
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1 ment of a member to a theater of operations referred to 

2 in subsection (a), the Secretary concerned shall give the 

3 member information regarding the following: 

4 ‘‘(1) The availability of the allowance under this 

5 section for members insured under the 

6 Servicemembers’ Group Life Insurance program. 

7 ‘‘(2) The ability of members who elected not to 

8 be insured under Servicemembers’ Group Life Insur9 ance, or elected less than the authorized maximum 

10 coverage, to obtain insurance, or to obtain additional 

11 coverage, as the case may be, under the authority 

12 provided in section 1967(c) of title 38.’’. 

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

14 at the beginning of chapter 7 of title 37, United States 

15 Code, is amended by adding at the end the following new 

16 item: 

‘‘437. Allowance to cover monthly premium for Servicemembers’ Group Life Insurance: members serving in Operation Enduring Freedom or 

Operation Iraqi Freedom.’’. 

17 (c) EFFECTIVE DATE; NOTIFICATION.—Section 437 

18 of title 37, United States Code, as added by subsection 

19 (a), shall apply with respect to service by members of the 

20 Armed Forces in the theater of operations for Operation 

21 Enduring Freedom or Operation Iraqi Freedom for 

22 months beginning on or after October 1, 2005. In the case 

23 of members who are serving in the theater of operations 

24 for Operation Enduring Freedom or Operation Iraqi Free-
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1 dom as of the date of the enactment of this Act, the Sec2 retary of Defense shall provide such members, as soon as 

3 practicable, the information specified in subsection (b) of 

4 that section. 

5 (d) FUNDING SOURCE.—Amounts appropriated pur6 suant to the authorization of appropriations in section 

7 1509 for emergency appropriations for military personnel 

8 accounts for the Department of Defense for fiscal year 

9 2006 shall be available to the Secretary of a military de10 partment to provide the allowance established by section 

11 437 of title 37, United States Code, as added by sub12 section (a). 

13 Subtitle C—Matters Involving Sup14 port Provided by Foreign Na15 tions 

16 SEC. 1531. REIMBURSEMENT OF CERTAIN COALITION NA17 TIONS FOR SUPPORT PROVIDED TO UNITED 

18 STATES MILITARY OPERATIONS. 

19 (a) AUTHORITY.—From funds made available for the 

20 Department of Defense by this title for Defense-Wide Op21 erations and Maintenance, the Secretary of Defense may 

22 reimburse any key cooperating nation for logistical and 

23 military support provided by that nation to or in connec24 tion with United States military operations in Iraq, Af25 ghanistan, and the global war on terrorism. 
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1 (b) DETERMINATIONS.—Payments authorized under 

2 subsection (a) may be made in such amounts as the Sec3 retary of Defense, with the concurrence of the Secretary 

4 of State and in consultation with the Director of the Office 

5 of Management and Budget, may determine, in the Sec6 retary’s discretion, based on documentation determined by 

7 the Secretary of Defense to adequately account for the 

8 support provided. Any such determination by the Sec9 retary of Defense shall be final and conclusive upon the 

10 accounting officers of the United States. To the maximum 

11 extent practicable, the Secretary shall develop standards 

12 for determining the kinds of logistical and military support 

13 to the United States that shall be considered reimbursable 

14 under this section. 

15 (c) LIMITATIONS.— 

16 (1) TOTAL AMOUNT.—The total amount of pay17 ments made under the authority of this section dur18 ing fiscal year 2006 may not exceed $1,500,000,000. 

19 (2) PROHIBITION ON CONTRACTUAL OBLIGA20 TIONS TO MAKE PAYMENTS.—The Secretary may 

21 not enter into any contractual obligation to make a 

22 payment under the authority of this section. 

23 (d) CONGRESSIONAL NOTIFICATIONS.—The Sec24 retary of Defense— 
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1 (1) shall notify the congressional defense com2 mittees not less than 15 days before making any 

3 payment under the authority of this section; and 

4 (2) shall submit to those committees quarterly 

5 reports on the use of the authority under this sec6 tion. 

7 TITLE XVI—CONTRACTORS ON 

8 THE BATTLEFIELD 

Sec. 1601. Short title. 

Sec. 1602. Findings. 

Sec. 1603. Definitions. 

Sec. 1604. Requirements for commanders of combatant commands relating to 

contractors accompanying and not accompanying the force. 

Sec. 1605. Requirements for contractors relating to possession of weapons. 

Sec. 1606. Battlefield accountability. 

9 SEC. 1601. SHORT TITLE. 

10 This title may be cited as the ‘‘Contractors on the 

11 Battlefield Regulatory Act’’. 

12 SEC. 1602. FINDINGS. 

13 Congress finds the following: 

14 (1) Contract personnel have provided invaluable 

15 services in support of combat, humanitarian, peace16 keeping, and reconstruction operations worldwide, 

17 and they should be recognized for their contribu18 tions, including in some instances the loss of their 

19 lives, in support of such operations. 
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1 (2) Contract personnel are appropriately pro2 hibited from performing inherently governmental 

3 functions. 

4 (3) Contract personnel will be present on and 

5 supporting the battlefield of tomorrow providing cru6 cial goods and services for military, humanitarian, 

7 peacekeeping, and reconstruction operations. 

8 SEC. 1603. DEFINITIONS. 

9 In this title: 

10 (1) CONTRACTOR ACCOMPANYING THE

11 FORCE.— 

12 (A) IN GENERAL.—The term ‘‘contractor 

13 accompanying the force’’ means a contractor for 

14 a contract with the Department of Defense, a 

15 subcontract at any tier under such a contract, 

16 or a task order at any tier issued under such 

17 a contract, if the contract, subcontract, or task 

18 order— 

19 (i) is paid for using funds appro20 priated to or for the use of the Depart21 ment; and 

22 (ii) is for the performance of work 

23 that directly supports United States mili24 tary operations overseas or deployed 

25 United States Armed Forces. 
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1 (B) EMPLOYEES INCLUDED.—The term in2 cludes employees of any contractor described in 

3 subparagraph (A). 

4 (2) CONTRACTOR NOT ACCOMPANYING THE

5 FORCE.— 

6 (A) IN GENERAL.—The term ‘‘contractor 

7 not accompanying the force’’ means a con8 tractor for a contract with the Federal Govern9 ment, a subcontract at any tier under such a 

10 contract, or a task order at any tier issued 

11 under such a contract, if the contract, sub12 contract, or task order is for the performance 

13 of work related to private security, reconstruc14 tion, humanitarian assistance, peacekeeping, or 

15 other activities in an area of responsibility of a 

16 commander of a combatant command. 

17 (B) EMPLOYEES INCLUDED.—The term in18 cludes employees of any contractor described in 

19 subparagraph (A). 

20 (3) COMBATANT COMMAND.—The term ‘‘com21 batant command’’ has the meaning provided in sec22 tion 161(c) of title 10, United States Code. 
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1 SEC. 1604. REQUIREMENTS FOR COMMANDERS OF COMBAT2 ANT COMMANDS RELATING TO CONTRAC3 TORS ACCOMPANYING AND NOT ACCOM4 PANYING THE FORCE. 

5 (a) PROTECTION OF CONTRACTORS BY ARMED

6 FORCES.— 

7 (1) CONTRACTORS ACCOMPANYING FORCE.— 

8 The Secretary of Defense shall require each com9 mander of a combatant command to make a deter10 mination regarding the appropriate level of security 

11 protection by the Armed Forces of contractors ac12 companying the force in the commander’s area of re13 sponsibility, and to include in the operational plans 

14 of the commander the results of the determination. 

15 (2) CONTRACTORS NOT ACCOMPANYING

16 FORCE.—Any requirements for security protection of 

17 contractors accompanying the force included in oper18 ational plans under paragraph (1) may also be ap19 plied by the commander to contractors not accom20 panying the force. 

21 (b) COMMUNICATIONS PLAN.— 

22 (1) CONTRACTORS ACCOMPANYING FORCE.— 

23 The Secretary of Defense shall require each com24 mander of a combatant command to include in the 

25 operational plans of the commander a communica-
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1 tions plan for contractors accompanying the force in 

2 the commander’s area of responsibility. 

3 (2) CONTRACTORS NOT ACCOMPANYING

4 FORCE.—Such communications plan may be applied 

5 by the commander to contractors not accompanying 

6 the force in such area. 

7 (3) PROVISION OF PLAN TO CONTRACTORS.— 

8 Any communications plan included in operational 

9 plans under this subsection shall be provided by the 

10 commander concerned to the affected contractors. 

11 (c) SHARING INTELLIGENCE.— 

12 (1) CONTRACTORS ACCOMPANYING FORCE.— 

13 The Secretary of Defense shall require each com14 mander of a combatant command to share with con15 tractors accompanying the force open-source intel16 ligence, threat assessments, and information related 

17 to contractor movement to avoid hostile or friendly 

18 fire incidents and to further the missions of both the 

19 Department of Defense and the contractors. 

20 (2) CONTRACTORS NOT ACCOMPANYING

21 FORCE.—The Secretary of Defense shall require 

22 each commander of a combatant command to share, 

23 to the extent practicable, the intelligence, assess24 ments, and information referred to in paragraph (1) 

25 with contractors not accompanying the force. 
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1 (3) WAIVER.—The commander of a combatant 

2 command may waive the requirements of this sub3 section if required to ensure operational security in 

4 the commander’s area of responsibility. 

5 SEC. 1605. REQUIREMENTS FOR CONTRACTORS RELATING 

6 TO POSSESSION OF WEAPONS. 

7 (a) REQUIREMENT FOR REGULATIONS REGARDING

8 CARRYING WEAPONS FOR CONTRACTORS ACCOMPANYING

9 FORCE.—The Secretary of Defense shall prescribe regula10 tions describing the type of weapons and circumstances 

11 under which contractors accompanying the force may 

12 carry a weapon for self defense or in order to perform 

13 work required under the contract, and information re14 quired to be provided by such contractors relating to such 

15 weapons. The regulations shall include the following: 

16 (1) A requirement that a contractor accom17 panying the force request in writing approval, from 

18 the commander of the combatant command for the 

19 area in which the contractor is performing work 

20 under a contract, for the contractor to carry weap21 ons. 

22 (2) Subject to subsection (b), a requirement 

23 that the commander of a combatant command deter24 mine whether it is appropriate for a contractor ac25 companying the force to carry a weapon for self de-
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1 fense or in order to perform work required under the 

2 contract, taking into account the duties required to 

3 be performed under the contract and the security 

4 situation in the area of operations, and, if deter5 mined appropriate, to approve a request referred to 

6 in paragraph (1). 

7 (3) A requirement that any contractor accom8 panying the force that is carrying a weapon for self 

9 defense use only a firearm that meets United States 

10 military specifications for self defense and ammuni11 tion that meets United States military specifications. 

12 (4) A requirement that a contractor accom13 panying the force must have proof of appropriate 

14 training for using any firearm for self defense, as 

15 determined by the Secretary of Defense. 

16 (b) DEEMED APPROVAL FOR CARRYING WEAPON.— 

17 The regulations shall provide that, for purposes of the re18 quirements of paragraphs (1) and (2) of subsection (a), 

19 a requirement in a contract awarded by the Department 

20 that a contractor carry a weapon to perform work under 

21 the contract shall be deemed to be approved by the com22 mander for the contractor to carry such a weapon. The 

23 regulations shall require that the contracting officer for 

24 such a contract shall notify the appropriate commander 

25 of any such requirement. 
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1 SEC. 1606. BATTLEFIELD ACCOUNTABILITY. 

2 (a) QUARTERLY LIST OF CONTRACTOR PERSONNEL

3 IN COMMANDER’S AREA.—The Secretary of Defense shall 

4 require each commander of a combatant command to ob5 tain quarterly from contractors accompanying the force a 

6 list of all contractor personnel who are present in the com7 mander’s area of responsibility, with the following infor8 mation for each individual on the list: 

9 (1) Whether the individual carries a weapon. 

10 (2) Proof of appropriate training with respect 

11 to any weapon carried by the individual. 

12 (3) Proof of citizenship. 

13 (b) MEETINGS WITH CONTRACTORS.—The Secretary 

14 of Defense shall require each commander of a combatant 

15 command to meet regularly with representatives of con16 tractors both accompanying and not accompanying the 

17 force who are present in the commander’s area of respon18 sibility, in order to provide information about the require19 ments of the commander with respect to the contractors 

20 and recommendations to the contractors regarding secu21 rity for the protection of the contractors. 

22 (c) DATABASE.—The Secretary of Defense shall re23 quire each commander of a combatant command to main24 tain a central database of the information provided under 

25 subsection (a) with respect to all contractors accom26 panying the force in the commander’s area of responsi-
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1 bility and shall allow the commander to maintain such a 

2 database with respect to contractors not accompanying the 

3 force. The Secretary shall prescribe a design for the infor4 mation to be collected for the database required under this 

5 subsection, which shall be uniform for all combatant com6 mands. To the extent practicable, the Secretary shall rely 

7 on existing sources in the Department of Defense for the 

8 information to be included in the database and make such 

9 existing information available to each commander. 

10 (d) CONTRACTOR REQUIREMENT.—Any contractor 

11 accompanying the force, and, upon determination of the 

12 commander of a combatant command concerned, any con13 tractor not accompanying the force, shall provide informa14 tion sought by a commander of a combatant command for 

15 purposes of subsection (a), upon request from the com16 mander. 

17 Division B—Military Construction 

18 Authorizations 

19 SEC. 2001. SHORT TITLE. 

20 This division may be cited as the ‘‘Military Construc21 tion Authorization Act for Fiscal Year 2006’’. 

22 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. 
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1 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

2 ACQUISITION PROJECTS. 

3 (a) INSIDE THE UNITED STATES.—Using amounts 

4 appropriated pursuant to the authorization of appropria5 tions in section 2104(a)(1), the Secretary of the Army 

6 may acquire real property and carry out military construc7 tion projects for the installations or locations inside the 

8 United States, and in the amounts, set forth in the fol9 lowing 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 ................................................ $4,700,000 

Alaska .............. Fort Wainwright ................................................. $33,560,000 

Arizona ............ Ft. Huachuca ..................................................... $5,100,000 

California ........ Concord ............................................................... $11,850,000 

Fort Irwin ........................................................... $21,250,000 

Colorado .......... Fort Carson ........................................................ $70,622,000 

Georgia ............ Fort Benning ...................................................... $30,261,000 

Fort Gillem ......................................................... $3,900,000 

Fort Stewart/Hunter Army Air Field ................ $57,980,000 

Hawaii ............. Pohakuloa Training Area ................................... $43,300,000 

Schofield Barracks ............................................. $53,900,000 

Illinois ............. Rock Island Arsenal ........................................... $7,400,000 

Indiana ............ Crane Army Ammunition Activity ...................... $5,700,000 

Kansas ............. Fort Riley ........................................................... $23,000,000 

Kentucky ......... Fort Campbell .................................................... $108,175,000 

Louisiana ......... Fort Polk ............................................................ $28,887,000 

Missouri ........... Fort Leonard Wood ............................................ $8,100,000 

New Jersey ...... Picatinny Arsenal ............................................... $4,450,000 

New York ........ Fort Drum .......................................................... $73,350,000 

United States Military Academy, West Point .... $4,000,000 

North Carolina Fort Bragg ......................................................... $301,250,000 

Ohio ................. Joint Systems Manufacturing Center, Lima ...... $11,600,000 

Oklahoma ........ Fort Sill .............................................................. $5,850,000 

McAlester ............................................................ $6,500,000 

Pennsylvania ... Letterkenny Depot ............................................. $6,300,000 

South Carolina Fort Jackson ...................................................... $1,600,000 

Texas ............... Fort Bliss ........................................................... $5,000,000 

Fort Hood ........................................................... $57,888,000 

Utah ................ Dugway Proving Ground .................................... $25,000,000 

Virginia ........... Fort A.P. Hill ..................................................... $2,700,000 

Fort Belvoir ........................................................ $18,000,000 

Fort Lee ............................................................. $3,900,000 

Fort Myer ........................................................... $15,200,000 

Washington ..... Fort Lewis .......................................................... $99,949,000 
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1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army 

4 may acquire real property and carry out military construc5 tion projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 

Army: Outside the United States 

Country Installation or Location Amount 

Germany ........................... Grafenwoehr .......................................... $84,081,000 

Italy .................................. Pisa ....................................................... $5,254,000 

Korea ................................ Camp Humphreys ................................. $114,162,000 

Yongpyong ............................................. $1,450,000 

8 SEC. 2102. FAMILY HOUSING. 

9 (a) CONSTRUCTION AND ACQUISITION.—Using 

10 amounts appropriated pursuant to the authorization of ap11 propriations in section 2104(a)(5)(A), the Secretary of the 

12 Army may construct or acquire family housing units (in13 cluding land acquisition and supporting facilities) at the 

14 installations or locations, in the number of units, and in 

15 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 
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1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in 

3 section 2104(a)(5)(A), the Secretary of the Army may 

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction 

6 or improvement of family housing units in an amount not 

7 to exceed $17,536,000. 

8 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

9 UNITS. 

10 Subject to section 2825 of title 10, United States 

11 Code, and using amounts appropriated pursuant to the 

12 authorization of appropriations in section 2104(a)(5)(A), 

13 the Secretary of the Army may improve existing military 

14 family housing units in an amount not to exceed 

15 $300,400,000. 

16 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

18 are hereby authorized to be appropriated for fiscal years 

19 beginning after September 30, 2005, for military con20 struction, land acquisition, and military family housing 

21 functions of the Department of the Army in the total 

22 amount of $2,955,400,000, as follows: 

23 (1) For military construction projects inside the 

24 United States authorized by section 2101(a), 

25 $985,172,000. 
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1 (2) For military construction projects outside 

2 the United States authorized by section 2101(b), 

3 $204,947,000. 

4 (3) For unspecified minor military construction 

5 projects authorized by section 2805 of title 10, 

6 United States Code, $20,000,000. 

7 (4) For architectural and engineering services 

8 and construction design under section 2807 of title 

9 10, United States Code, $168,023,000. 

10 (5) For military family housing functions: 

11 (A) For construction and acquisition, plan12 ning and design, and improvement of military 

13 family housing and facilities, $549,636,000. 

14 (B) For support of military family housing 

15 (including the functions described in section 

16 2833 of title 10, United States Code), 

17 $803,993,000. 

18 (6) For the construction of phase 3 of the 

19 Lewis & Clark instructional facility at Fort Leaven20 worth, Kansas, authorized by section 2101(a) of the 

21 Military Construction Authorization Act for Fiscal 

22 Year 2003 (division B of Public Law 107–314; 116 

23 Stat. 2681), $42,642,000. 

24 (7) For the construction of phase 2 of a bar25 racks complex at Vilseck, Germany, authorized by 
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1 section 2101(b) of the Military Construction Author2 ization Act for Fiscal Year 2004 (division B of Pub3 lic Law 108–136; 117 Stat. 1697), as amended by 

4 section 2105 of this Act, $13,600,000. 

5 (8) For the construction of phase 2 of the 

6 Drum Road upgrade at Helemano Military Reserva7 tion, Hawaii, authorized by section 2101(a) of the 

8 Military Construction Authorization Act for Fiscal 

9 Year 2005 (division B of Public Law 108–375; 118 

10 Stat. 2101), $41,000,000. 

11 (9) For the construction of phase 2 a vehicle 

12 maintenance facility at Schofield Barracks, Hawaii, 

13 authorized by section 2101(a) of the Military Con14 struction Authorization Act for Fiscal Year 2005 

15 (division B of Public Law 108–375; 118 Stat. 

16 2101), $24,656,000. 

17 (10) For the construction of phase 2 of a bar18 racks complex, at Fort Campbell, Kentucky, author19 ized by section 2101(a) of the Military Construction 

20 Authorization Act for Fiscal Year 2005 (division B 

21 of Public Law 108–375; 118 Stat. 2101), 

22 $24,650,000. 

23 (11) For the construction of phase 2 of trainee 

24 barracks, Basic Training Complex 1 at Fort Knox, 

25 Kentucky, authorized by section 2101(a) of the Mili-
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1 tary Construction Authorization Act of Fiscal Year 

2 2005 (division B of Public Law 108–375; 118 Stat. 

3 2101), $21,000,000. 

4 (12) For the construction of phase 2 of a li5 brary and learning center at the United States Mili6 tary Academy, West Point, New York, authorized by 

7 section 2101(a) of the Military Construction Author8 ization Act for Fiscal Year 2005 (division B of Pub9 lic Law 108–375; 118 Stat. 2101), $25,470,000. 

10 (13) For the construction of phase 2 of a bar11 racks complex renewal project at Fort Bragg, North 

12 Carolina, authorized by section 2101(a) of the Mili13 tary Construction Authorization Act for Fiscal Year 

14 2005 (division B of Public Law 108–375; 118 Stat. 

15 2101), $30,611,000. 

16 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

17 PROJECTS.—Notwithstanding the cost variations author18 ized by section 2853 of title 10, United States Code, and 

19 any other cost variation authorized by law, the total cost 

20 of all projects carried out under section 2101 of this Act 

21 may not exceed the sum of the following: 

22 (1) The total amount authorized to be appro23 priated under paragraphs (1) and (2) of subsection 

24 (a). 
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1 (2) $16,500,000 (the balance of the amount au2 thorized under section 2101(a) for construction of a 

3 barracks complex for Fort Drum, New York). 

4 (3) $31,000,000 (the balance of the amount au5 thorized under section 2101(a) for construction of a 

6 barracks complex for the 2nd Brigade at Fort 

7 Bragg, North Carolina). 

8 (4) $50,000,000 (the balance of the amount au9 thorized under section 2101(a) for construction of a 

10 barracks complex for the 3nd Brigade at Fort 

11 Bragg, North Carolina). 

12 (5) $77,400,000 (the balance of the amount au13 thorized under section 2101(a) for construction of a 

14 barracks complex for divisional artillery at Fort 

15 Bragg, North Carolina). 

16 (6) $13,000,000 (the balance of the amount au17 thorized under section 2101(a) for construction of a 

18 defense access road for Fort Belvoir, Virginia. 

19 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT 

20 CERTAIN FISCAL YEAR 2004 PROJECT. 

21 (a) MODIFICATION OF OUTSIDE THE UNITED

22 STATES PROJECT.—The table in section 2101(b) of the 

23 Military Construction Authorization Act for Fiscal Year 

24 2004 (division B of Public Law 108–136; 117 Stat. 1698) 

25 is amended— 
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1 (1) in the item relating to Vilseck, Germany, by 

2 striking ‘‘$31,000,000’’ in the amount column and 

3 inserting ‘‘$26,000,000’’; and 

4 (2) by striking the amount identified as the 

5 total in the amount column and inserting 

6 ‘‘$226,900,000’’. 

7 (b) CONFORMING AMENDMENT.—Section 2104(b)(6) 

8 of that Act (117 Stat. 1700) is amended by striking 

9 ‘‘$18,900,000’’ and inserting ‘‘$13,900,000’’. 

10 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. 

11 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

12 ACQUISITION PROJECTS. 

13 (a) INSIDE THE UNITED STATES.—Using amounts 

14 appropriated pursuant to the authorization of appropria15 tions in section 2204(a)(1), the Secretary of the Navy may 

16 acquire real property and carry out military construction 

17 projects for the installations or locations inside the United 

18 States, and in the amounts, set forth in the following 

19 table: 
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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 Pendelton ...... $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 Station, North Island ........................ $13,700,000 

Naval Air Warfare Center, China Lake ............. $19,158,000 

Naval Postgraduate School ................................ $6,500,000 

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 

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 

Maryland ......... Naval Air Warfare Center, Patuxent River ....... $5,800,000 

Naval Surface Warfare Center, Indian Head .... $13,460,000 

United States Naval Academy, Annapolis .......... $51,720,000 

New Hampshire Portsmouth Naval Shipyard ............................... $8,100,000 

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 ...................................... $4,870,000 

Texas ............... Naval Air Station, Kingsville ............................. $16,040,000 

Virginia ........... Marine Corps Air Field, Quantico ...................... $19,698,000 

Marine Corps Base, Quantico ............................ $4,270,000 

Naval Air Station, Oceana ................................. $11,680,000 

Naval Amphibious Base, Little Creek ................ $36,034,000 

Naval Station, Norfolk ....................................... $111,033,000 

Washington ..... Naval Station, Everett ....................................... $70,950,000 

Naval Submarine Base, Bangor ......................... $60,160,000 

Naval Air Station, Whidbey Island .................... $4,010,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may 

4 acquire real property and carry out military construction 

5 projects for the installation outside the United States, and 

6 in the amount, set forth in the following table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Guam ................................ Naval Station, Guam ............................ $55,473,000 
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1 SEC. 2202. FAMILY HOUSING. 

2 Using amounts appropriated pursuant to the author3 ization of appropriations in section 2204(a)(5)(A), the 

4 Secretary of the Navy may construct or acquire family 

5 housing units (including land acquisition and supporting 

6 facilities) at the installation, in the number of units, and 

7 in the amount set forth in the following table: 

Navy: Family Housing 

State Installation or Location Units Amount 

Guam ....................... Commander Naval Region, Marianas.126 ..... $43,495,000 

8 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

9 UNITS. 

10 Subject to section 2825 of title 10, United States 

11 Code, and using amounts appropriated pursuant to the 

12 authorization of appropriations in section 2204(a)(5)(A), 

13 the Secretary of the Navy may improve existing military 

14 family housing units in an amount not to exceed 

15 $178,644,000. 

16 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

18 are hereby authorized to be appropriated for fiscal years 

19 beginning after September 30, 2005, for military con20 struction, land acquisition, and military family housing 

21 functions of the Department of the Navy in the total 

22 amount of $1,916,779,000, as follows: 
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1 (1) For military construction projects inside the 

2 United States authorized by section 2201(a), 

3 $802,311,000. 

4 (2) For military construction projects outside 

5 the United States authorized by section 2201(b), 

6 $25,584,000. 

7 (3) For architectural and engineering services 

8 and construction design under section 2807 of title 

9 10, United States Code, $36,029,000. 

10 (4) For military family housing functions: 

11 (A) For construction and acquisition, plan12 ning and design, and improvement of military 

13 family housing and facilities, $218,942,000. 

14 (B) For support of military family housing 

15 (including functions described in section 2833 

16 of title 10, United States Code), $588,660,000. 

17 (5) For the construction of increment 3 of the 

18 general purpose berthing pier at Naval Weapons 

19 Station, Earle, New Jersey, authorized by section 

20 2201(a) of the Military Construction Authorization 

21 Act for Fiscal Year 2004 (division B of Public Law 

22 108–136; 117 Stat. 1704), as amended by section 

23 2205 of this Act, $54,432,000. 

24 (6) For the construction of increment 3 of pier 

25 11 replacement at Naval Station, Norfolk, Virginia, 
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1 authorized by section 2201(a) of the Military Con2 struction Authorization Act for Fiscal Year 2004 

3 (division B of Public Law 108–136; 117 Stat. 

4 1704), $40,200,000. 

5 (7) For the construction of increment 2 of the 

6 apron and hangar at Naval Air Facility, El Centro, 

7 California, authorized by section 2201(a) of the Mili8 tary Construction Authorization Act for Fiscal Year 

9 2005 (division B of Public Law 108–375; 118 Stat. 

10 2105), $18,666,000. 

11 (8) For the construction of increment 2 of the 

12 White Side complex, Marine Corps Air Facility, 

13 Quantico, Virginia, authorized by section 2201(a) of 

14 the Military Construction Authorization Act for Fis15 cal Year 2005 (division B of Public Law 108–375; 

16 118 Stat. 2105), $34,730,000. 

17 (9) For the construction of increment 2 of the 

18 limited area production and storage complex at Stra19 tegic Weapons Facility Pacific, Bangor, Washington, 

20 authorized by section 2201(a) of the Military Con21 struction Authorization Act for Fiscal Year 2005 

22 (division B of Public Law 108–375; 118 Stat. 

23 2106), as amended by section 2206 of this Act, 

24 $47,095,000. 
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1 (10) For the construction of increment 2 of the 

2 lab consolidation at Strategic Weapons Facility Pa3 cific, Bangor, Washington authorized by section 

4 2201(a) of the Military Construction Authorization 

5 Act for Fiscal Year 2005 (division B of Public Law 

6 108–375; 118 Stat. 2106), as amended by section 

7 2206 of this Act, $9,430,000. 

8 (11) For the construction of increment 2 of the 

9 presidential helicopter programs support facility at 

10 Naval Air Station, Patuxent River, Maryland, au11 thorized by section 2201(c) of the Military Construc12 tion Authorization Act for Fiscal Year 2005 (divi13 sion B of Public Law 108–375; 118 Stat. 2106), as 

14 amended by section 2206 of this Act, $40,700,000. 

15 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

16 PROJECTS.—Notwithstanding the cost variations author17 ized by section 2853 of title 10, United States Code, and 

18 any other cost variation authorized by law, the total cost 

19 of all projects carried out under section 2201 of this Act 

20 may not exceed the sum of the following: 

21 (1) The total amount authorized to be appro22 priated under paragraphs (1) and (2) of subsection 

23 (a). 

24 (2) $37,721,000 (the balance of the amount au25 thorized under section 2201(a) for a reclamation 
541 

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1 and conveyance project for Camp Pendleton, Cali2 fornia). 

3 (3) $43,424,000 (the balance of the amount au4 thorized under section 2201(a) for a helicopter 

5 hangar replacement at Naval Air Station, Jackson6 ville, Florida). 

7 (4) $45,850,000 (the balance of the amount au8 thorized under section 2201(a) for infrastructure up9 grades to Recruit Training Command, Great Lakes, 

10 Illinois). 

11 (5) $26,790,000 (the balance of the amount au12 thorized under section 2201(a) for construction of a 

13 field house at United States Naval Academy, Annap14 olis, Maryland). 

15 (6) $31,059,000 (the balance of the amount au16 thorized under section 2201(a) for replacement of 

17 Ship Repair Pier 3 at Norfolk Naval Shipyard, Vir18 ginia). 

19 (7) $21,000,000 (the balance of the amount au20 thorized under section 2201(a) for construction of 

21 bachelor quarters for Naval Station, Everett, Wash22 ington). 

23 (8) $29,889,000 (the balance of the amount au24 thorized under section 2201(b) for wharf upgrades 

25 at Naval Station, Guam). 
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1 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 2004 PROJECT. 

3 (a) MODIFICATION OF INSIDE THE UNITED STATES

4 PROJECT.—The table in section 2201(a) of the Military 

5 Construction Authorization Act for Fiscal Year 2004 (di6 vision B of Public Law 108–136; 117 Stat. 1703) is 

7 amended— 

8 (1) in the item relating to Naval Weapons Sta9 tion, Earle, New Jersey, by striking ‘‘$123,720,000’’ 

10 in the amount column and inserting 

11 ‘‘$140,372,000’’; and 

12 (2) by striking the amount identified as the 

13 total in the amount column and inserting 

14 ‘‘$1,352,524,000’’. 

15 (b) CONFORMING AMENDMENT.—Section 2204(b)(4) 

16 of that Act (117 Stat. 1706) is amended by striking 

17 ‘‘$96,980,000’’ and inserting ‘‘$113,632,000’’. 

18 SEC. 2206. MODIFICATIONS OF AUTHORITY TO CARRY OUT 

19 CERTAIN FISCAL YEAR 2005 PROJECTS. 

20 (a) MODIFICATION OF INSIDE THE UNITED STATES

21 PROJECTS.—The table in section 2201(a) of the Military 

22 Construction Authorization Act for Fiscal Year 2005 (di23 vision B of Public Law 108–375; 118 Stat. 2105) is 

24 amended— 

25 (1) in the item relating to Marine Corps Air 

26 Facility, Quantico, Virginia, by striking 
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1 ‘‘$73,838,000’’ in the amount column and inserting 

2 ‘‘$74,462,000’’; 

3 (2) in the item relating to Strategic Weapons 

4 Facility Pacific, Bangor, Washington, by striking 

5 ‘‘$138,060,000’’ in the amount column and inserting 

6 ‘‘$147,760,000’’; and 

7 (3) by striking the amount identified as the 

8 total in the amount column and inserting 

9 ‘‘$962,379,000’’. 

10 (b) CONFORMING AMENDMENTS.—Section 2204(b) 

11 of that Act (118 Stat. 2107) is amended— 

12 (1) in paragraph (4), by striking 

13 ‘‘$34,098,000’’ and inserting ‘‘$34,722,000’’; 

14 (2) by redesignating paragraph (7) as para15 graph (8) and, in such paragraph— 

16 (A) by striking ‘‘$65,982,000’’ and insert17 ing ‘‘$66,614,000’’; and 

18 (B) by striking ‘‘at an unspecified loca19 tion’’ and inserting ‘‘at Naval Air Station, Pa20 tuxent River, Maryland’’; and 

21 (3) by inserting after paragraph (6) the fol22 lowing new paragraph (7): 

23 ‘‘(7) $9,700,000 (the balance of the amount au24 thorized under section 2201(a) for naval laboratory 
544 

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1 consolidation, Strategic Weapons Facility Pacific, 

2 Bangor, Washington).’’. 

3 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. 

4 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

5 LAND ACQUISITION PROJECTS. 

6 (a) INSIDE THE UNITED STATES.—Using amounts 

7 appropriated pursuant to the authorization of appropria8 tions in section 2304(a)(1), the Secretary of the Air Force 

9 may acquire real property and carry out military construc10 tion projects for the installations or locations inside the 

11 United States, and in the amounts, set forth in the fol12 lowing 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 ............................... $31,600,000 

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 ..................... Hurlburt Field ........................................... $2,540,000 

MacDill Air Force Base ............................. $107,200,000 

Tyndall Air Force Base ............................. $21,500,000 

Georgia .................... Robins Air Force Base .............................. $7,600,000 

Hawaii ...................... Hickam Air Force Base ............................. $13,378,000 

Idaho ........................ Mountain Home Air Force Base ............... $9,835,000 

Massachusetts .......... Hanscom Air Force Base .......................... $10,000,000 

Mississippi ............... Keesler Air Force Base .............................. $47,500,000 
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Air Force: Inside the United States—Continued 

State Installation or Location Amount 

Missouri ................... Whiteman Air Force Base ......................... $5,721,000 

Nebraska .................. Offutt Air Force Base ............................... $50,280,000 

Nevada ..................... Indian Springs Auxiliary Field .................. $60,724,000 

Nellis Air Force Base ................................ $23,311,000 

New Jersey .............. McGuire Air Force Base ............................ $13,185,000 

New Mexico .............. Kirtland Air Force Base ............................ $6,600,000 

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 

South Carolina ......... Charleston Air Force Base ........................ $2,583,000 

Shaw Air Force Base ................................. $16,030,000 

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 ................................... $24,100,000 

Virginia .................... Langley Air Force Base ............................. $44,365,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(2), the Secretary of the Air Force 

4 may acquire real property and carry out military construc5 tion projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing 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 ................................... $50,900,000 

Osan Air Base ....................................... $40,719,000 

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 

8 SEC. 2302. FAMILY HOUSING. 

9 (a) CONSTRUCTION AND ACQUISITION.—Using 

10 amounts appropriated pursuant to the authorization of ap-
546 

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1 propriations in section 2304(a)(5)(A), the Secretary of the 

2 Air Force may construct or acquire family housing units 

3 (including land acquisition and supporting facilities) at the 

4 installations or locations, in the number of units, and in 

5 the amounts set forth in the following table: 

Air Force: Family Housing 

State or Country Installation or Location Units Amount 

Alaska ........................ Eielson Air Force Base ................. 392 ... $55,794,000 

California ................... Edwards Air Force Base .............. 226 ... $59,699,000 

District of Columbia .. Bolling Air Force Base ................. 157 ... $48,223,000 

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 ........ 300 ... $86,706,000 

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 

6 (b) PLANNING AND DESIGN.—Using amounts appro7 priated pursuant to the authorization of appropriations in 

8 section 2304(a)(5)(A), the Secretary of the Air Force may 

9 carry out architectural and engineering services and con10 struction design activities with respect to the construction 

11 or improvement of military family housing units in an 

12 amount not to exceed $37,104,000. 

13 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

14 UNITS. 

15 Subject to section 2825 of title 10, United States 

16 Code, and using amounts appropriated pursuant to the 
547 

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1 authorization of appropriations in section 2304(a)(5)(A), 

2 the Secretary of the Air Force may improve existing mili3 tary family housing units in an amount not to exceed 

4 $409,103,000. 

5 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

6 FORCE. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

8 are hereby authorized to be appropriated for fiscal years 

9 beginning after September 30, 2005, for military con10 struction, land acquisition, and military family housing 

11 functions of the Department of the Air Force in the total 

12 amount of $3,162,877,000, as follows: 

13 (1) For military construction projects inside the 

14 United States authorized by section 2301(a), 

15 $871,297,000. 

16 (2) For military construction projects outside 

17 the United States authorized by section 2301(b), 

18 $193,308,000. 

19 (3) For unspecified minor military construction 

20 projects authorized by section 2805 of title 10, 

21 United States Code, $15,000,000. 

22 (4) For architectural and engineering services 

23 and construction design under section 2807 of title 

24 10, United States Code, $91,733,000. 

25 (5) For military family housing functions: 
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1 (A) For construction and acquisition, plan2 ning and design, and improvement of military 

3 family housing and facilities, $1,236,220,000. 

4 (B) For support of military family housing 

5 (including functions described in section 2833 

6 of title 10, United States Code), $755,319,000. 

7 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

8 PROJECTS.—Notwithstanding the cost variations author9 ized by section 2853 of title 10, United States Code, and 

10 any other cost variation authorized by law, the total cost 

11 of all projects carried out under section 2301 of this Act 

12 may not exceed the total amount authorized to be appro13 priated under paragraphs (1) and (2) of subsection (a): 

14 (1) The total amount authorized to be appro15 priated under paragraphs (1) and (2) of subsection 

16 (a). 

17 (2) $30,000,000 (the balance of the amount au18 thorized under section 2301(a) for construction of a 

19 C–17 maintenance complex at Elmendorf Air Force 

20 Base, Alaska). 

21 (3) $66,000,000 (the balance of the amount au22 thorized under section 2301(a) for construction of a 

23 main base runway at Edwards Air Force Base, Cali24 fornia). 
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1 (4) $29,000,000 (the balance of the amount au2 thorized under section 2301(a) for construction of a 

3 joint intelligence center at MacDill Air Force Base, 

4 Florida.) 

5 TITLE XXIV—DEFENSE 

6 AGENCIES 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Energy conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

7 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC8 TION AND LAND ACQUISITION PROJECTS. 

9 (a) INSIDE THE UNITED STATES.—Using amounts 

10 appropriated pursuant to the authorization of appropria11 tions in section 2403(a)(1), the Secretary of Defense may 

12 acquire real property and carry out military construction 

13 projects for the installations or locations inside the United 

14 States, and in the amounts, set forth in the following ta15 bles: 

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 
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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 

Maryland .......................... Fort Meade ........................................... $28,049,000 

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 ................................................. $14,769,000 

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 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2403(a)(2), the Secretary of Defense may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the 
551 

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1 United States, and in the amounts, set forth in the fol2 lowing tables: 

Defense Education Activity 

Location Installation or City 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 

Location Installation or City Amount 

Greece ................ Souda Bay ............................................................ $7,089,000 

Missile Defense Agency 

Location Installation or City Amount 

Kwajalein .......................... Kwajalein Atoll ...................................... $4,901,000 

National Security Agency 

Location Installation or City Amount 

United Kingdom ............... Menwith Hill ......................................... $44,997,000 

TRICARE Management Activity 

Location Installation or City Amount 

Bahrain ............................. ................................................................ $4,750,000 

3 SEC. 2402. ENERGY CONSERVATION PROJECTS. 

4 Using amounts appropriated pursuant to the author5 ization of appropriations in section 2403(a)(6), the Sec6 retary of Defense may carry out energy conservation 

7 projects under section 2865 of title 10, United States 

8 Code, in the amount of $50,000,000. 
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1 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE2 FENSE AGENCIES. 

3 (a) IN GENERAL.—Funds are hereby authorized to 

4 be appropriated for fiscal years beginning after September 

5 30, 2005, for military construction, land acquisition, and 

6 military family housing functions of the Department of 

7 Defense (other than the military departments) in the total 

8 amount of $2,973,848,000, as follows: 

9 (1) For military construction projects inside the 

10 United States authorized by section 2401(a), 

11 $586,843,000. 

12 (2) For military construction projects outside 

13 the United States authorized by section 2401(b), 

14 $126,404,000. 

15 (3) For unspecified minor military construction 

16 projects under section 2805 of title 10, United 

17 States Code, $15,736,000. 

18 (4) For contingency construction projects of the 

19 Secretary of Defense under section 2804 of title 10, 

20 United States Code, $5,000,000. 

21 (5) For architectural and engineering services 

22 and construction design under section 2807 of title 

23 10, United States Code, $135,681,000. 

24 (6) For energy conservation projects authorized 

25 by section 2402 of this Act, $50,000,000. 
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1 (7) For base closure and realignment activities 

2 as authorized by the Defense Base Closure and Re3 alignment Act of 1990 (part A of title XXIX of 

4 Public Law 101–510; 10 U.S.C. 2687 note) and 

5 funded through the Department of Defense Base 

6 Closure Account 1990 established by section 2906 of 

7 such Act, $377,827,000. 

8 (8) For base closure and realignment activities 

9 as authorized by the Defense Base Closure and Re10 alignment Act of 1990 (part A of title XXIX of 

11 Public Law 101–510; 10 U.S.C. 2687 note) and 

12 funded through the Department of Defense Base 

13 Closure Account 2005 established by section 2906A 

14 of such Act, $1,570,466,000. 

15 (9) For military family housing functions: 

16 (A) For support of military family housing 

17 (including functions described in section 2833 

18 of title 10, United States Code), $46,391,000. 

19 (B) For credit to the Department of De20 fense Family Housing Improvement Fund es21 tablished by section 2883(a)(1) of title 10, 

22 United States Code, $2,500,000. 

23 (10) For the construction of increment 2 of the 

24 hospital replacement at Fort Belvoir, Virginia, au25 thorized by section 2401(a) of the Military Construc-
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1 tion Authorization Act for Fiscal Year 2005 (divi2 sion B of Public Law 108–375; 118 Stat. 2112), 

3 $57,000,000. 

4 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

5 PROJECTS.—Notwithstanding the cost variations author6 ized by section 2853 of title 10, United States Code, and 

7 any other cost variation authorized by law, the total cost 

8 of all projects carried out under section 2401 of this Act 

9 may not exceed the total amount authorized to be appro10 priated under paragraphs (1) and (2) of subsection (a). 

11 TITLE XXV—NORTH ATLANTIC 

12 TREATY ORGANIZATION SE13 CURITY INVESTMENT PRO14 GRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

15 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

16 ACQUISITION PROJECTS. 

17 The Secretary of Defense may make contributions for 

18 the North Atlantic Treaty Organization Security Invest19 ment program as provided in section 2806 of title 10, 

20 United States Code, in an amount not to exceed the sum 

21 of the amount authorized to be appropriated for this pur22 pose in section 2502 and the amount collected from the 

23 North Atlantic Treaty Organization as a result of con24 struction previously financed by the United States. 
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1 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal years beginning after September 30, 2005, for con4 tributions by the Secretary of Defense under section 2806 

5 of title 10, United States Code, for the share of the United 

6 States of the cost of projects for the North Atlantic Treaty 

7 Organization Security Investment program authorized by 

8 section 2501, in the amount of $206,858,000. 

9 TITLE XXVI—GUARD AND 

10 RESERVE FORCES FACILITIES 

Sec. 2601. Authorized Guard and Reserve construction and land acquisition 

projects. 

11 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC12 TION AND LAND ACQUISITION PROJECTS. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal years beginning after September 30, 2005, for the 

15 costs of acquisition, architectural and engineering services, 

16 and construction of facilities for the Guard and Reserve 

17 Forces, and for contributions therefor, under chapter 

18 1803 of title 10, United States Code (including the cost 

19 of acquisition of land for those facilities), the following 

20 amounts: 

21 (1) For the Department of the Army— 

22 (A) for the Army National Guard of the 

23 United States, $410,624,000; and 

24 (B) for the Army Reserve, $138,425,000. 
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1 (2) For the Department of the Navy, for the 

2 Naval and Marine Corps Reserve, $45,226,000. 

3 (3) For the Department of the Air Force— 

4 (A) for the Air National Guard of the 

5 United States, $225,727,000; and 

6 (B) for the Air Force Reserve, 

7 $110,847,000. 

8 TITLE XXVII—EXPIRATION AND 

9 EXTENSION OF AUTHORIZA10 TIONS 

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. 2704. Effective date. 

11 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND 

12 AMOUNTS REQUIRED TO BE SPECIFIED BY 

13 LAW. 

14 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

15 YEARS.—Except as provided in subsection (b), all author16 izations contained in titles XXI through XXVI for military 

17 construction projects, land acquisition, family housing 

18 projects and facilities, and contributions to the North At19 lantic Treaty Organization Security Investment program 

20 (and authorizations of appropriations therefor) shall ex21 pire on the later of— 

22 (1) October 1, 2008; or 
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1 (2) the date of the enactment of an Act author2 izing funds for military construction for fiscal year 

3 2009. 

4 (b) EXCEPTION.—Subsection (a) shall not apply to 

5 authorizations for military construction projects, land ac6 quisition, family housing projects and facilities, and con7 tributions to the North Atlantic Treaty Organization Se8 curity Investment program (and authorizations of appro9 priations therefor), for which appropriated funds have 

10 been obligated before the later of— 

11 (1) October 1, 2008; or 

12 (2) the date of the enactment of an Act author13 izing funds for fiscal year 2009 for military con14 struction projects, land acquisition, family housing 

15 projects and facilities, or contributions to the North 

16 Atlantic Treaty Organization Security Investment 

17 program. 

18 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

19 FISCAL YEAR 2003 PROJECTS. 

20 (a) EXTENSION.—Notwithstanding section 2701 of 

21 the Military Construction Authorization Act for Fiscal 

22 Year 2003 (division B of Public Law 107–314; 116 Stat. 

23 2700), authorizations set forth in the tables in subsection 

24 (b), as provided in section 2301, 2302, or 2401 of that 

25 Act, shall remain in effect until October 1, 2006, or the 
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1 date of the enactment of an Act authorizing funds for mili2 tary construction for fiscal year 2007, whichever is later. 

3 (b) TABLES.—The tables referred to in subsection (a) 

4 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 

5 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

6 FISCAL YEAR 2002 PROJECTS. 

7 (a) EXTENSION AND RENEWAL.—Notwithstanding 

8 section 2701 of the Military Construction Authorization 

9 Act for Fiscal Year 2002 (division B of Public Law 107– 

10 107; 115 Stat. 1301), authorizations set forth in the ta11 bles in subsection (b), as provided in section 2101 or 2302 

12 of that Act and extended by section 2702 of the Military 

13 Construction Authorization Act for Fiscal Year 2005 (di14 vision B of Public Law 108–375; 118 Stat. 2116), shall 

15 remain in effect until October 1, 2006, or the date of the 

16 enactment of an Act authorizing funds for military con17 struction for fiscal year 2007, whichever is later. 
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1 (b) TABLES.—The tables referred to in subsection (a) 

2 are as follows: 

Army: Extension of 2002 Project Authorization 

Installation or Location Project Amount 

Pohakuloa Training Area, Hawaii ......... Land acquisition .............. $1,500,000 

Air Force: Extension of 2002 Project Authorization 

Installation or Location Project Amount 

Barksdale Air Force Base, Louisiana ... Family housing (56 units) $7,300,000 

3 SEC. 2704. EFFECTIVE DATE. 

4 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI 

5 of this Act shall take effect on the later of— 

6 (1) October 1, 2005; or 

7 (2) the date of the enactment of this Act. 

8 TITLE XXVIII—GENERAL 

9 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. Improve availability and timeliness of Department of Defense information regarding military construction and family housing accounts and activities. 

Sec. 2803. Expansion of authority to convey property at military installations 

to support military construction. 

Sec. 2804. Effect of failure to submit required report on need for general and 

flag officers quarters in National Capital Region. 

Sec. 2805. One-year extension of temporary, limited authority to use operation 

and maintenance funds for construction projects outside the 

United States. 

Sec. 2806. Clarification of moratorium on certain improvements at Fort Buchanan, Puerto Rico. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Consolidation of Department of Defense land acquisition authorities 

and limitations on use of such authorities. 
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Sec. 2812. Report on use of utility system conveyance authority and temporary 

suspension of authority pending report. 

Sec. 2813. Authorized military uses of Papago Park Military Reservation, 

Phoenix, Arizona. 

Subtitle C—Base Closure and Realignment 

Sec. 2821. Additional reporting requirements regarding base closure process 

and use of Department of Defense base closure accounts. 

Sec. 2822. Termination of project authorizations for military installations approved for closure in 2005 round of base realignments and closures. 

Sec. 2823. Expanded availability of adjustment and diversification assistance 

for communities adversely affected by mission realignments in 

base closure process. 

Sec. 2824. 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. 

Subtitle D—Land Conveyances 

PART I—ARMY CONVEYANCES

Sec. 2831. Modification of land conveyance, Engineer Proving Ground, Fort 

Belvoir, Virginia. 

Sec. 2832. Land conveyance, Army Reserve Center, Bothell, Washington. 

PART II—NAVY CONVEYANCES

Sec. 2841. Land conveyance, Marine Corps Air Station, Miramar, San Diego, 

California. 

PART III—AIR FORCE CONVEYANCES

Sec. 2851. Purchase of build-to-lease family housing, Eielson Air Force Base, 

Alaska. 

Sec. 2852. Land conveyance, Air Force property, Jacksonville, Arkansas. 

Subtitle E—Other Matters 

Sec. 2861. Lease authority, Army Heritage and Education Center, Carlisle, 

Pennsylvania. 

Sec. 2862. Redesignation of McEntire Air National Guard Station, South Carolina, as McEntire Joint National Guard Base. 

Sec. 2863. Assessment of water needs for Presidio of Monterey and Ord Military Community. 
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1 Subtitle A—Military Construction 

2 Program and Military Family 

3 Housing Changes 

4 SEC. 2801. MODIFICATION OF CONGRESSIONAL NOTIFICA5 TION REQUIREMENTS FOR CERTAIN MILI6 TARY CONSTRUCTION ACTIVITIES. 

7 (a) CONTINGENCY CONSTRUCTION.—Section 2804(b) 

8 of title 10, United States Code, is amended— 

9 (1) by striking ‘‘21-day period’’ and inserting 

10 ‘‘14-day period’’; and 

11 (2) by striking ‘‘14-day period’’ and inserting 

12 ‘‘seven-day period’’. 

13 (b) ACQUISITION IN LIEU OF CONSTRUCTION.—Sec14 tion 2813(c) of such title is amended— 

15 (1) by striking ‘‘30-day period’’ and inserting 

16 ‘‘21-day period’’; and 

17 (2) by striking ‘‘21-day period’’ and inserting 

18 ‘‘14-day period’’. 

19 SEC. 2802. IMPROVE AVAILABILITY AND TIMELINESS OF 

20 DEPARTMENT OF DEFENSE INFORMATION 

21 REGARDING MILITARY CONSTRUCTION AND 

22 FAMILY HOUSING ACCOUNTS AND ACTIVI23 TIES. 

24 (a) MAINTENANCE OF INFORMATION ON INTER25 NET.—Section 2851 of title 10, United States Code, is 
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1 amended by adding at the end the following new sub2 section: 

3 ‘‘(c) MAINTENANCE OF MILITARY CONSTRUCTION

4 INFORMATION ON INTERNET; ACCESS.—(1) The Sec5 retary of Defense shall maintain, as part of the Internet 

6 site of the Department of Defense, a link that, when acti7 vated by a person authorized under paragraph (3), will 

8 permit the person to access and view on a separate page 

9 of the Internet site a document or other file containing 

10 information regarding— 

11 ‘‘(A) a specific military construction project or 

12 military family housing project, including the infor13 mation required by paragraph (2); and 

14 ‘‘(B) the accounts that are used to fund the 

15 project or support the operation and maintenance of 

16 military family housing. 

17 ‘‘(2) The information required to be maintained 

18 under this subsection shall include the following: 

19 ‘‘(A) The solicitation date and award date (or 

20 anticipated dates) for each contract entered into (or 

21 to be entered into) by the United States in connec22 tion with a military construction project or a mili23 tary family housing project. 
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1 ‘‘(B) The contract recipient, contract award 

2 amount, and current working estimate of the cost of 

3 the project. 

4 ‘‘(C) The latest form 1391 for the project and 

5 the status of design and construction for the project. 

6 ‘‘(D) The date (or anticipated date) for comple7 tion of the project. 

8 ‘‘(E) If funds appropriated for the project ex9 ceed (or are likely to exceed) the amount required to 

10 complete the project, the amount of the excess and 

11 the purpose for which the excess funds will be used. 

12 ‘‘(F) If funds appropriated for the project are 

13 insufficient (or are likely to be insufficient) to com14 plete the project, the additional amount necessary to 

15 complete the project and the source of the additional 

16 funds. 

17 ‘‘(G) For accounts such as planning and design, 

18 unspecified minor construction, and family housing 

19 operation and maintenance, detailed information re20 garding expenditures and anticipated expenditures 

21 under these accounts and the purposes for which the 

22 expenditures are made. 

23 ‘‘(3) Access to the Internet page referred to in para24 graph (1) shall be restricted to the following persons: 
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1 ‘‘(A) Members of the congressional defense 

2 committees and their staff. 

3 ‘‘(B) Staff of the congressional defense commit4 tees. 

5 ‘‘(4) The Secretary shall update the information re6 quired to be maintained under this subsection as promptly 

7 as practicable to ensure that the information is available 

8 to persons referred to in paragraph (3) in a timely man9 ner.’’. 

10 (b) STYLISTIC AMENDMENTS.—Such section is fur11 ther amended— 

12 (1) in subsection (a), by inserting ‘‘SUPER13 VISION OF MILITARY DEPARTMENT PROJECTS.l’’ 

14 after ‘‘(a)’’; and 

15 (2) in subsection (b), by inserting ‘‘SUPER16 VISION OF DEFENSE AGENCY PROJECTS.l’’ after 

17 ‘‘(b)’’. 

18 SEC. 2803. EXPANSION OF AUTHORITY TO CONVEY PROP19 ERTY AT MILITARY INSTALLATIONS TO SUP20 PORT MILITARY CONSTRUCTION. 

21 (a) INCLUSION OF ALL MILITARY INSTALLATIONS.— 

22 Subsection (a) of section 2869 of title 10, United States 

23 Code, is amended— 

24 (1) by redesignating paragraphs (1) and (2) as 

25 subparagraphs (A) and (B), respectively; 
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1 (2) by inserting ‘‘(1)’’ before ‘‘The Secretary 

2 concerned’’; 

3 (3) by striking ‘‘located on a military installa4 tion that is closed or realigned under a base closure 

5 law’’ and inserting ‘‘described in paragraph (2)’’; 

6 and 

7 (4) by adding at the end the following new 

8 paragraph: 

9 ‘‘(2) Paragraph (1) applies with respect to real prop10 erty under the jurisdiction of the Secretary concerned 

11 that— 

12 ‘‘(A) is located on a military installation that is 

13 closed or realigned under a base closure law; or 

14 ‘‘(B) is determined to be surplus to the needs 

15 of the Federal Government.’’. 

16 (b) ADVANCE NOTICE OF USE OF AUTHORITY; CON17 TENT OF NOTICE.—Subsection (d) of such section is 

18 amended— 

19 (1) in paragraph (1), by striking ‘‘closed or re20 aligned under the base closure laws is to be con21 veyed’’ and inserting ‘‘is proposed for conveyance’’; 

22 (2) by striking paragraph (2) and inserting the 

23 following new paragraph: 
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1 ‘‘(2) The Secretary concerned may not enter into an 

2 agreement under subsection (a) for the conveyance of real 

3 property until— 

4 ‘‘(A) the Secretary submits to Congress notice 

5 of the conveyance, including— 

6 ‘‘(i) the military construction activities, 

7 military family housing, or military unaccom8 panied housing to be obtained in exchange for 

9 the conveyance of the property; and 

10 ‘‘(ii) the amount of any payment to be 

11 made under subsection (b) by the recipient of 

12 the property to equalize the fair market values 

13 of the property to be conveyed and the military 

14 construction activities, military family housing, 

15 or military unaccompanied housing to be ob16 tained in exchange for the property; and 

17 ‘‘(B) a period of 21 days has elapsed from the 

18 date of receipt of the notice or, if over sooner, a pe19 riod of 14 days has elapsed from the date on which 

20 a copy of the notice is provided in an electronic me21 dium pursuant to section 480 of this title’’. 

22 (c) DEPOSIT AND USE OF FUNDS.—Subsection (e) 

23 of such section is amended to read as follows: 

24 ‘‘(e) DEPOSIT AND USE OF FUNDS.—(1) The Sec25 retary concerned shall deposit funds received under sub-
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1 section (b) in the appropriation ‘Foreign Currency Fluc2 tuations, Construction, Defense’. 

3 ‘‘(2) The funds deposited under paragraph (1) shall 

4 be available, in such amounts as provided in appropriation 

5 Acts, for the purpose of paying increased costs of overseas 

6 military construction and family housing construction or 

7 improvement associated with unfavorable fluctuations in 

8 currency exchange rates. The use of such funds for this 

9 purpose does not relieve the Secretary concerned from the 

10 duty to provide advance notice to Congress under section 

11 2853(c) of this title whenever the Secretary approves an 

12 increase in the cost of an overseas project under such sec13 tion.’’. 

14 (d) ANNUAL REPORTS; EFFECT OF FAILURE TO

15 SUBMIT.—Subsection (f) of such section is amended— 

16 (1) by redesignating paragraphs (1), (2), and 

17 (3) as subparagraphs (A), (B), and (C), respectively; 

18 (2) in subparagraph (C), as so redesignated, by 

19 inserting before the period at the end the following: 

20 ‘‘and of surplus real property at military installa21 tions’’; 

22 (3) by striking ‘‘(f)’’ and all that follows 

23 through ‘‘the following:’’ and inserting the following: 

24 ‘‘(f) ANNUAL REPORTS; EFFECT OF FAILURE TO

25 SUBMIT.—(1) Not later than March 15 of each year, the 
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1 Secretary of Defense shall submit to Congress a report 

2 detailing the following:’’; and 

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

4 paragraph: 

5 ‘‘(2) If the report for a year is not submitted to Con6 gress by the date specified in paragraph (1), the Secretary 

7 concerned may not enter into an agreement under sub8 section (a) after that date for the conveyance of real prop9 erty until the date on which the report is finally sub10 mitted.’’. 

11 (e) CLERICAL AMENDMENTS.— 

12 (1) SECTION HEADING.—The heading for such 

13 section is amended to read as follows: 

14 ‘‘§ 2869. Conveyance of property at military installa15 tions to support military construction’’. 

16 (2) TABLE OF SECTIONS.—The table of sections 

17 at the beginning of chapter 169 of such title is 

18 amended by striking the item relating to section 

19 2869 and inserting the following new item: 

‘‘2689. Conveyance of property at military installations to support military construction.’’. 

20 (f) CONFORMING AMENDMENTS TO OTHER LAWS.— 

21 Section 2883(c) of such title is amended— 

22 (1) in paragraph (1), by striking subparagraph 

23 (F); and 
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1 (2) in paragraph (2), by striking subparagraph 

2 (F). 

3 SEC. 2804. EFFECT OF FAILURE TO SUBMIT REQUIRED RE4 PORT ON NEED FOR GENERAL AND FLAG OF5 FICERS QUARTERS IN NATIONAL CAPITAL 

6 REGION. 

7 Section 2802(c) of the Military Construction Author8 ization Act for Fiscal Year 2005 (division B of Public Law 

9 108–375; 118 Stat. 2120) is amended— 

10 (1) by inserting ‘‘(1)’’ before ‘‘Not later than 

11 March 30, 2005,’’; and 

12 (2) by adding at the end the following new 

13 paragraph: 

14 ‘‘(2) Until the report required by this subsection is 

15 submitted to the congressional defense committees, 

16 amounts appropriated for the Department of Defense for 

17 fiscal year 2006 may not be used for the operation, main18 tenance, or repair of housing units for general officers and 

19 flag officers in the National Capital Region.’’. 

20 SEC. 2805. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED 

21 AUTHORITY TO USE OPERATION AND MAIN22 TENANCE FUNDS FOR CONSTRUCTION 

23 PROJECTS OUTSIDE THE UNITED STATES. 

24 (a) CONDITIONAL EXTENSION.—Section 2808 of the 

25 Military Construction Authorization Act for Fiscal Year 
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1 2004 (division B of Public Law 108–136; 117 Stat. 1723), 

2 as amended by section 2810 of the Military Construction 

3 Authorization Act for Fiscal Year 2005 (division B of 

4 Public Law 108–375; 118 Stat. 2128), is further amend5 ed— 

6 (1) in subsection (a), by striking ‘‘fiscal year 

7 2005’’ and inserting ‘‘fiscal years 2005 and 2006’’; 

8 and 

9 (2) in subsection (d)(2)— 

10 (A) by striking ‘‘during fiscal year 2005’’ 

11 and inserting ‘‘during a fiscal year’’; 

12 (B) by inserting ‘‘for that fiscal year’’ 

13 after ‘‘commence’’; and 

14 (C) by striking ‘‘for fiscal year 2004’’ and 

15 inserting ‘‘for the preceding fiscal year’’. 

16 (b) ADVANCE NOTICE OF PROPOSED OBLIGATION OF

17 FUNDS.—Subsection (b) of such section 2808 is amend18 ed— 

19 (1) in the first sentence— 

20 (A) by striking ‘‘Within seven days after’’ 

21 and all that follows through ‘‘are first’’ and in22 serting ‘‘Not later than seven days before the 

23 date on which appropriated funds available for 

24 operation and maintenance will be first’’; and 
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1 (B) by striking ‘‘the obligation’’ and in2 serting ‘‘the proposed obligation’’; 

3 (2) in paragraph (2), by striking ‘‘are being ob4 ligated’’ and inserting ‘‘will be obligated’’; and 

5 (3) in paragraph (4), by striking ‘‘obligated’’ 

6 and inserting ‘‘to be obligated’’. 

7 (c) QUARTERLY REPORTS; EFFECT OF FAILURE TO

8 SUBMIT.—Subsection (d) of such section 2808 is amended 

9 by striking paragraph (1) and inserting the following new 

10 paragraph: 

11 ‘‘(1) Not later than 30 days after the end of each 

12 fiscal-year quarter during which appropriated funds avail13 able for operation and maintenance are obligated or ex14 pended to carry out construction projects outside the 

15 United States, the Secretary of Defense shall submit to 

16 the congressional committees specified in subsection (f) a 

17 report on the worldwide obligation and expenditure during 

18 that quarter of such appropriated funds for such construc19 tion projects. If the report for a fiscal-year quarter is not 

20 submitted to such committees by the required date, appro21 priated funds available for operation and maintenance 

22 may not be obligated or expended after that date under 

23 the authority of this section to carry out construction 

24 projects outside the United States until the date on which 

25 the report is finally submitted.’’. 
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1 SEC. 2806. CLARIFICATION OF MORATORIUM ON CERTAIN 

2 IMPROVEMENTS AT FORT BUCHANAN, PUER3 TO RICO. 

4 (a) EXCEPTIONS TO MORATORIUM.—Section 1507 of 

5 the Floyd D. Spence National Defense Authorization Act 

6 for Fiscal Year 2001 (as enacted into law by Public Law 

7 106–398; 114 Stat. 1654A–355) is amended— 

8 (1) in subsection (a), by striking ‘‘conversion, 

9 rehabilitation, extension, or improvement’’ and in10 serting ‘‘or extension’’; 

11 (2) in subsection (b)(1), by inserting ‘‘, repair, 

12 or convert’’ after ‘‘maintain’’; and 

13 (3) in subsection (c), by striking ‘‘conversion, 

14 rehabilitation, extension, or improvement’’ and in15 serting ‘‘or extension’’. 

16 (b) RULE OF CONSTRUCTION.—The amendments 

17 made by subsection (a) do not trigger the termination of 

18 the moratorium on certain improvements at Fort Bu19 chanan, Puerto Rico, as provided by subsection (c) of sec20 tion 1507 of the Floyd D. Spence National Defense Au21 thorization Act for Fiscal Year 2001. 
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1 Subtitle B—Real Property and 

2 Facilities Administration 

3 SEC. 2811. CONSOLIDATION OF DEPARTMENT OF DEFENSE 

4 LAND ACQUISITION AUTHORITIES AND LIMI5 TATIONS ON USE OF SUCH AUTHORITIES. 

6 (a) LAND ACQUISITION AUTHORITY.—Chapter 159 

7 of title 10, United States Code, is amended— 

8 (1) in section 2663— 

9 (A) by striking the section heading and in10 serting the following new section heading: 

11 ‘‘§ 2663. Land acquisition authorities’’; 

12 (B) in subsection (a)— 

13 (i) by redesignating paragraphs (1), 

14 (2), and (3) as subparagraphs (A), (B), 

15 and (C), respectively; 

16 (ii) in subparagraph (C), as so redes17 ignated, by striking ‘‘clause (2)’’ and in18 serting ‘‘subparagraph (B)’’; and 

19 (iii) by inserting ‘‘ACQUISITION OF

20 LAND BY CONDEMNATION FOR CERTAIN

21 MILITARY PURPOSES.—(1)’’ before ‘‘The 

22 Secretary’’; 

23 (C) by redesignating subsection (b) as 

24 paragraph (2) and, in such paragraph, by strik-
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1 ing ‘‘subsection (a)’’ and inserting ‘‘paragraph 

2 (1)’’; 

3 (D) by redesignating subsection (c) as sub4 section (b) and, in such subsection, by inserting 

5 ‘‘ACQUISITION BY PURCHASE IN LIEU OF CON6 DEMNATION.—’’ before ‘‘The Secretary’’; and 

7 (E) by striking subsection (d); 

8 (2) by transferring subsections (a), (b), and (d) 

9 of section 2672 to section 2663 and inserting such 

10 subsections in that order after subsection (b), as re11 designated by paragraph (1)(D); 

12 (3) in subsection (a), as transferred by para13 graph (2), by striking ‘‘(a) ACQUISITION AUTHOR14 ITY’’ and inserting ‘‘(c) ACQUISITION OF LOW-COST

15 INTERESTS IN LAND’’; 

16 (4) in subsection (b), as transferred by para17 graph (2)— 

18 (A) by striking ‘‘(b) ACQUISITION OF MUL19 TIPLE PARCELS.—This section’’ and inserting 

20 ‘‘(3) This subsection’’; 

21 (B) by striking ‘‘subsection (a)(1)’’ and in22 serting ‘‘paragraph (1)’’; and 

23 (C) by striking ‘‘subsection (a)(2)’’ and in24 serting ‘‘paragraph (2)’’; 
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1 (5) in subsection (d), as transferred by para2 graph (2)— 

3 (A) by striking ‘‘(d) AVAILABILITY OF

4 FUNDS.—Appropriations’’ and inserting ‘‘(4) 

5 Appropriations’’; and 

6 (B) by striking ‘‘this section’’ and insert7 ing ‘‘this subsection’’; 

8 (6) by transferring subsections (a), (c), and (b) 

9 of section 2672a to section 2663 and inserting such 

10 subsections in that order after subsection (c), as re11 designated and amended by paragraphs (3), (4), and 

12 (5); 

13 (7) in subsection (a), as transferred by para14 graph (6)— 

15 (A) by redesignating paragraphs (1), (2), 

16 and (3) as subparagraphs (A), (B), and (C), re17 spectively; and 

18 (B) by striking ‘‘(a) The Secretary’’ and 

19 inserting ‘‘(d) ACQUISITION OF INTERESTS IN

20 LAND WHEN NEED IS URGENT.—(1) The Sec21 retary’’; 

22 (8) in subsection (c), as transferred by para23 graph (6)— 

24 (A) by striking ‘‘(c)’’ and inserting ‘‘(2)’’; 

25 and 
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1 (B) by striking ‘‘this section’’ and insert2 ing ‘‘this subsection’’; 

3 (9) in subsection (b), as transferred by para4 graph (6)— 

5 (A) by striking ‘‘(b)’’ and inserting ‘‘(3)’’; 

6 (B) by striking ‘‘this section’’ in the first 

7 sentence and inserting ‘‘this subsection’’; and 

8 (C) by striking the second sentence; 

9 (10) by transferring subsection (b) of section 

10 2676 to section 2663 and inserting such subsection 

11 after subsection (d), as redesignated and amended 

12 by paragraphs (7), (8), and (9); and 

13 (11) in subsection (b), as transferred by para14 graph (10), by striking ‘‘(b) Authority’’ and insert15 ing ‘‘(e) SURVEY AUTHORITY; ACQUISITION METH16 ODS.—Authority’’. 

17 (b) LIMITATIONS ON ACQUISITION AUTHORITY.— 

18 Section 2676 of such title, as amended by subsection 

19 (a)(10), is further amended— 

20 (1) in subsection (a)— 

21 (A) by inserting ‘‘AUTHORIZATION FOR

22 ACQUISITION REQUIRED.—’’ before ‘‘No mili23 tary department’’; and 

24 (B) by striking ‘‘, as amended’’; 

25 (2) in subsection (c)— 
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1 (A) in paragraph (1), by inserting ‘‘COST

2 LIMITATIONS.—’’ before ‘‘(1)’’; 

3 (B) in paragraph (2)— 

4 (i) by striking ‘‘A land’’ and inserting 

5 ‘‘Until subsection (d) is complied with, a 

6 land’’; and 

7 (ii) by striking ‘‘lesser,’’ and all that 

8 follows through the period at the end and 

9 inserting ‘‘lesser.’’; 

10 (3) in subsection (d), by inserting ‘‘CONGRES11 SIONAL NOTIFICATION.—’’ before ‘‘The limitations’’; 

12 and 

13 (4) in subsection (e), by inserting ‘‘PAYMENT

14 OF JUDGEMENTS AND SETTLEMENTS.—’’ before 

15 ‘‘The Secretary’’. 

16 (c) TRANSFER AND REDESIGNATION OF REVISED

17 LIMITATION SECTION.—Section 2676 of such title, as 

18 amended by subsections (a)(10) and (b)— 

19 (1) is inserted after section 2663 of such title, 

20 as amended by subsection (a); and 

21 (2) is amended by striking the section heading 

22 and inserting the following new section heading: 

23 ‘‘§ 2664. Limitations on real property acquisition’’. 

24 (d) INCLUSION OF LIMITATION ON LAND ACQUISI25 TION COMMISSIONS.—Subsection (c) of section 2661 of 
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1 such title is transferred to section 2664 of such title, as 

2 redesignated by subsection (c)(2), is inserted after sub3 section (a) of such redesignated section, and is redesig4 nated as subsection (b). 

5 (e) CONFORMING REPEALS.—Sections 2672 and 

6 2672a of such title are repealed. 

7 (f) CLERICAL AMENDMENTS.—The table of sections 

8 at the beginning of chapter 159 of such title is amended— 

9 (1) by striking the items relating to sections 

10 2663, 2672, 2672a, and 2676; and 

11 (2) by inserting after the item relating to sec12 tion 2662 the following new items: 

‘‘2663. Land acquisition authorities. 

‘‘2664. Limitations on real property acquisition.’’. 

13 SEC. 2812. REPORT ON USE OF UTILITY SYSTEM CONVEY14 ANCE AUTHORITY AND TEMPORARY SUSPEN15 SION OF AUTHORITY PENDING REPORT. 

16 (a) REPORT ON USE OF AUTHORITY.—Subsection (e) 

17 of section 2688 of title 10, United States Code, is amend18 ed— 

19 (1) by redesignating paragraphs (1) and (2) as 

20 subparagraphs (A) and (B), respectively; 

21 (2) by striking ‘‘QUARTERLY REPORT.—’’ and 

22 inserting ‘‘REPORTING REQUIREMENTS.—(1)’’; and 

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

24 paragraph: 
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1 ‘‘(2) Not later than March 15, 2006, the Secretary 

2 of Defense shall submit to Congress a report containing— 

3 ‘‘(A) a discussion of the methodology by which 

4 a military department conducts the economic anal5 yses of proposed utility system conveyances under 

6 this section, including the economic analysis referred 

7 to in this subsection, and any guidance issued by the 

8 Department of Defense related to conducting such 

9 economic analyses; 

10 ‘‘(B) a list of the steps taken to ensure the reli11 ability of completed economic analyses, including 

12 post-conveyance reviews of actual costs and savings 

13 to the United States versus the costs and savings 

14 anticipated in the economic analyses; 

15 ‘‘(C) a review of the costs and savings to the 

16 United States resulting from each utility system con17 veyance carried out under this section; 

18 ‘‘(D) a discussion of the requirement for consid19 eration equal to the fair market value of a conveyed 

20 utility system, as specified in subsection (c), and any 

21 guidance issued by the Department of Defense re22 lated to implementing that requirement, and the ef23 fect of that requirement and guidance on the costs 

24 and savings to the United States resulting from pro-
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1 curing by contract the utility services provided by 

2 the utility system; 

3 ‘‘(E) a discussion of the effects that permanent 

4 conveyance of ownership in a utility system may 

5 have on the ability of the Secretary concerned to re6 negotiate contracts for utility services provided by 

7 the utility system or to procure such services from 

8 another source; 

9 ‘‘(F) a discussion of the efforts and direction 

10 within the Department of Defense to oversee the im11 plementation and use of the utility system convey12 ance authority under this section and to ensure the 

13 adequacy of utilities services for a military installa14 tion after conveyance of a utility system; and 

15 ‘‘(G) a discussion of the effect of utility system 

16 conveyances on the operating budgets of military in17 stallations at which the conveyances were made.’’. 

18 (b) SUSPENSION OF AUTHORITY.—Such section is 

19 further amended by adding at the end the following new 

20 subsection: 

21 ‘‘(j) TEMPORARY SUSPENSION OF CONVEYANCE AU22 THORITY.—The Secretary concerned may not convey a 

23 utility system, including any part of a utility system, 

24 under subsection (a) or make a contribution under sub25 section (g) toward the cost of construction, repair, or re-
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1 placement of a utility system by another entity until the 

2 later of the following dates: 

3 ‘‘(1) The date of the enactment of an Act au4 thorizing funds for military construction for fiscal 

5 year 2007. 

6 ‘‘(2) The date that is one year after the date 

7 of the submission of the report required by sub8 section (e)(2).’’. 

9 SEC. 2813. AUTHORIZED MILITARY USES OF PAPAGO PARK 

10 MILITARY RESERVATION, PHOENIX, ARIZONA. 

11 The Act of April 7, 1930 (Chapter 107; 46 Stat. 

12 142), is amended in the first designated paragraph, relat13 ing to the Papago Park Military Reservation, by striking 

14 ‘‘as a rifle range’’. 

15 Subtitle C—Base Closure and 

16 Realignment 

17 SEC. 2821. ADDITIONAL REPORTING REQUIREMENTS RE18 GARDING BASE CLOSURE PROCESS AND USE 

19 OF DEPARTMENT OF DEFENSE BASE CLO20 SURE ACCOUNTS. 

21 (a) INFORMATION ON FUTURE RECEIPTS AND EX22 PENDITURES.— 

23 (1) 1990 ACCOUNT.—Section 2906(c)(1) of the 

24 Defense Base Closure and Realignment Act of 1990 
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1 (part A of title XXIX of Public Law 101–510; 10 

2 U.S.C. 2687 note) is amended— 

3 (A) in subparagraph (A)— 

4 (i) by striking ‘‘committees of the 

5 amount’’ and inserting ‘‘committees of— 

6 ‘‘(i) the amount’’; 

7 (ii) by striking ‘‘such fiscal year and 

8 of the amount’’ and inserting ‘‘such fiscal 

9 year; 

10 ‘‘(ii) the amount’’; and 

11 (iii) by striking ‘‘such fiscal year.’’ 

12 and inserting ‘‘such fiscal year; 

13 ‘‘(iii) the amount and nature of anticipated de14 posits to be made into, and the anticipated expendi15 tures to be made from, the Account during the first 

16 fiscal year commencing after the submission of the 

17 report; and 

18 ‘‘(iv) the amount and nature of anticipated ex19 penditures to be made pursuant to section 2905(a) 

20 during the first fiscal year commencing after the 

21 submission of the report.’’; and 

22 (B) in subparagraph (B)— 

23 (i) in clause (i), by inserting ‘‘and in24 stallation’’ after ‘‘subaccount’’; and 
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1 (ii) by adding at the end the following 

2 new clause: 

3 ‘‘(v) An estimate of the net revenues to be re4 ceived from property disposals to be completed dur5 ing the first fiscal year commencing after the sub6 mission of the report at military installations the 

7 date of approval of closure or realignment of which 

8 is before January 1, 2005.’’. 

9 (2) 2005 ACCOUNT.—Section 2906A(c)(1) of 

10 such Act is amended— 

11 (A) in subparagraph (A)— 

12 (i) by striking ‘‘committees of the 

13 amount’’ and inserting ‘‘committees of— 

14 ‘‘(i) the amount’’; 

15 (ii) by striking ‘‘such fiscal year and 

16 of the amount’’ and inserting ‘‘such fiscal 

17 year; 

18 ‘‘(ii) the amount’’; and 

19 (iii) by striking ‘‘such fiscal year.’’ 

20 and inserting ‘‘such fiscal year; 

21 ‘‘(iii) the amount and nature of anticipated de22 posits to be made into, and the anticipated expendi23 tures to be made from, the Account during the first 

24 fiscal year commencing after the submission of the 

25 report; and 
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1 ‘‘(iv) the amount and nature of anticipated ex2 penditures to be made pursuant to section 2905(a) 

3 during the first fiscal year commencing after the 

4 submission of the report.’’; and 

5 (B) in subparagraph (B)— 

6 (i) in clause (i), by inserting ‘‘and in7 stallation’’ after ‘‘subaccount’’; and 

8 (ii) by adding at the end the following 

9 new clause: 

10 ‘‘(v) An estimate of the net revenues to be re11 ceived from property disposals to be completed dur12 ing the first fiscal year commencing after the sub13 mission of the report at military installations the 

14 date of approval of closure or realignment of which 

15 is after January 1, 2005.’’. 

16 (b) INFORMATION ON BRAC PROCESS.—Section 

17 2907 of such Act is amended— 

18 (1) by striking ‘‘fiscal year 1993’’ and inserting 

19 ‘‘fiscal year 2007’’; 

20 (2) by striking ‘‘and’’ at the end of paragraph 

21 (1); 

22 (3) by striking the period at the end of para23 graph (2) and inserting a semicolon; and 

24 (4) by adding at the end the following new 

25 paragraphs: 
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1 ‘‘(3) a description of the closure or realignment 

2 actions already carried out at each military installa3 tion since the date of the installation’s approval for 

4 closure or realignment under this part and the cur5 rent status of the closure or realignment of the in6 stallation, including whether— 

7 ‘‘(A) a redevelopment authority has been 

8 recognized by the Secretary for the installation; 

9 ‘‘(B) the screening of property at the in10 stallation for other Federal use has been com11 pleted; and 

12 ‘‘(C) a redevelopment plan has been agreed 

13 to by the redevelopment authority for the in14 stallation; 

15 ‘‘(4) a description of redevelopment plans for 

16 military installations approved for closure or realign17 ment under this part, the quantity of property re18 maining to be disposed of at each installation as 

19 part of its closure or realignment, and the quantity 

20 of property already disposed of at each installation; 

21 ‘‘(5) a list of the Federal agencies that have re22 quested property during the screening process for 

23 each military installation approved for closure or re24 alignment under this part, including the date of 

25 transfer or anticipated transfer of the property to 
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1 such agencies, the acreage involved in such trans2 fers, and an explanation for any delays in such 

3 transfers; 

4 ‘‘(6) a list of known environmental remediation 

5 issues at each military installation approved for clo6 sure or realignment under this part, including the 

7 acreage affected by these issues, an estimate of the 

8 cost to complete such environmental remediation, 

9 and the plans (and timelines) to address such envi10 ronmental remediation; and 

11 ‘‘(7) an estimate of the date for the completion 

12 of all closure or realignment actions at each military 

13 installation approved for closure or realignment 

14 under this part.’’. 

15 SEC. 2822. TERMINATION OF PROJECT AUTHORIZATIONS 

16 FOR MILITARY INSTALLATIONS APPROVED 

17 FOR CLOSURE IN 2005 ROUND OF BASE RE18 ALIGNMENTS AND CLOSURES. 

19 (a) PROJECT TERMINATION.—If a military installa20 tion is approved for closure in 2005 under the Defense 

21 Base Closure and Realignment Act of 1990 (part A of title 

22 XXIX of Public Law 101–510; 10 U.S.C. 2687 note), any 

23 authorization for a military construction project, land ac24 quisition, or family housing project that is related to that 

25 installation and contained in title XXI, XXII, XXIII, or 
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1 XXIV of this Act or in an Act authorizing funds for a 

2 prior fiscal year for military construction projects, land 

3 acquisition, and family housing projects (and authoriza4 tions of appropriations therefor) shall terminate and no 

5 longer constitute authority under section 2676, 2802, 

6 2821, or 2822 of title 10, United States Code, to carry 

7 out the military construction project, land acquisition, or 

8 family housing project. 

9 (b) EXCEPTION.—Subsection (a) shall not apply to 

10 authorizations for military construction projects, land ac11 quisition, or family housing projects (and authorizations 

12 of appropriations therefor) for which appropriated funds 

13 have been obligated before the date of approval of the mili14 tary installation for closure under the Defense Base Clo15 sure and Realignment Act of 1990. In this subsection, the 

16 term ‘‘date of approval’’ has the meaning given that term 

17 in section 2910(8) of such Act. 

18 SEC. 2823. EXPANDED AVAILABILITY OF ADJUSTMENT AND 

19 DIVERSIFICATION ASSISTANCE FOR COMMU20 NITIES ADVERSELY AFFECTED BY MISSION 

21 REALIGNMENTS IN BASE CLOSURE PROCESS. 

22 (a) ELIGIBILITY REQUIREMENTS.—Subsection (b)(3) 

23 of section 2391 of title 10, United States Code, is amend24 ed— 
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1 (1) by striking ‘‘significantly reduced operations 

2 of a defense facility’’ and inserting ‘‘realignment of 

3 a military installation’’; 

4 (2) by striking ‘‘cancellation,’’ and inserting 

5 ‘‘closure or realignment, cancellation or’’; and 

6 (3) by striking ‘‘community’’ and all that fol7 lows through the period at the end and inserting 

8 ‘‘community or its residents.’’. 

9 (b) ADDITION OF DEFINITION OF REALIGNMENT.— 

10 Subsection (d) of such section is amended by adding at 

11 the end the following new paragraph: 

12 ‘‘(4) The term ‘realignment’ has the meaning 

13 given that term in section 2910(5) of the Defense 

14 Base Closure and Realignment Act of 1990 (part A 

15 of title XXIX of Public Law 101–510; 10 U.S.C. 

16 2687 note).’’. 

17 SEC. 2824. SENSE OF CONGRESS REGARDING CONSIDER18 ATION OF NATIONAL DEFENSE INDUSTRIAL 

19 BASE INTERESTS DURING BASE CLOSURE 

20 AND REALIGNMENT COMMISSION REVIEW OF 

21 DEPARTMENT OF DEFENSE BASE CLOSURE 

22 AND REALIGNMENT RECOMMENDATIONS. 

23 It is the sense of Congress that national defense in24 dustrial base interests, including the relationships between 

25 military installations and proximate commercial facilities 
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1 and the maintenance of, and accessibility to, skills and 

2 knowledge critical to military installations and their oper3 ation, are an integral part of military value, and should 

4 be given full consideration by the Base Closure and Re5 alignment Commission when it conducts its review and 

6 analysis of the recommendations made by the Secretary 

7 of Defense regarding the closure or realignment of mili8 tary installations. 

9 Subtitle D—Land Conveyances 

10 PART 1—ARMY CONVEYANCES 

11 SEC. 2831. MODIFICATION OF LAND CONVEYANCE, ENGI12 NEER PROVING GROUND, FORT BELVOIR, 

13 VIRGINIA. 

14 (a) CONSIDERATION.—Subsection (b)(4) of section 

15 2836 of the Military Construction Authorization Act for 

16 Fiscal Year 2002 (division B of Public Law 107–107; 115 

17 Stat. 1314) is amended by striking ‘‘, jointly determined’’ 

18 and all that follows through ‘‘Ground’’ and inserting 

19 ‘‘equal to $3,880,000’’. 

20 (b) REPLACEMENT OF FIRE STATION.—Subsection 

21 (d) of such section is amended— 

22 (1) in paragraph (1)— 

23 (A) by striking ‘‘Building 5089’’ and in24 serting ‘‘Building 191’’; and 
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1 (B) by striking ‘‘paragraphs (2) and (3)’’ 

2 and inserting ‘‘paragraph (2)’’; 

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

4 5089’’ and inserting ‘‘Building 191’’; and 

5 (3) by striking paragraph (3). 

6 SEC. 2832. LAND CONVEYANCE, ARMY RESERVE CENTER, 

7 BOTHELL, WASHINGTON. 

8 (a) CONVEYANCE AUTHORIZED.—Subject to sub9 section (c), the Secretary of the Army may convey to the 

10 Snohomish County Fire Protection District #10 (in this 

11 section referred to as the ‘‘Fire District’’) all right, title, 

12 and interest of the United States in and to a parcel of 

13 real property consisting of approximately one acre at the 

14 Army Reserve Center in Bothell, Washington, and cur15 rently occupied, in part, by the Queensborough Firehouse 

16 for the purpose of supporting the provision of fire and 

17 emergency medical aid services. 

18 (b) IN-KIND CONSIDERATION.—As consideration for 

19 the conveyance under subsection (a), the Fire District 

20 shall provide in-kind consideration acceptable to the Sec21 retary with a total value equal to not less than the fair 

22 market value of the conveyed real property, as determined 

23 by the Secretary. 

24 (c) REVERSIONARY INTEREST.—If the Secretary de25 termines at any time that the real property conveyed 
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1 under subsection (a) is not being used in accordance with 

2 the purpose of the conveyance specified in such subsection, 

3 all right, title, and interest in and to all or any portion 

4 of the property shall revert, at the option of the Secretary, 

5 to the United States, and the United States shall have 

6 the right of immediate entry onto the property. Any deter7 mination of the Secretary under this subsection shall be 

8 made on the record after an opportunity for a hearing. 

9 (d) PAYMENT OF COSTS OF CONVEYANCE.— 

10 (1) PAYMENT REQUIRED.—The Secretary shall 

11 require the Fire District to cover costs to be in12 curred by the Secretary, or to reimburse the Sec13 retary for costs incurred by the Secretary, to carry 

14 out the conveyance under subsection (a), including 

15 survey costs, costs related to environmental docu16 mentation, and other administrative costs related to 

17 the conveyance. If amounts are collected from the 

18 Fire District in advance of the Secretary incurring 

19 the actual costs, and the amount collected exceeds 

20 the costs actually incurred by the Secretary to carry 

21 out the conveyance, the Secretary shall refund the 

22 excess amount to the Fire District. 

23 (2) TREATMENT OF AMOUNTS RECEIVED.— 

24 Amounts received as reimbursement under para25 graph (1) shall be credited to the fund or account 
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1 that was used to cover the costs incurred by the Sec2 retary in carrying out the conveyance. Amounts so 

3 credited shall be merged with amounts in such fund 

4 or account, and shall be available for the same pur5 poses, and subject to the same conditions and limita6 tions, as amounts in such fund or account. 

7 (e) EXEMPTION FROM FEDERAL SCREENING.—The 

8 conveyance authorized by subsection (a) is exempt from 

9 the requirement to screen the property for other Federal 

10 use pursuant to sections 2693 and 2696 of title 10, United 

11 States Code. 

12 (f) DESCRIPTION OF PROPERTY.—The exact acreage 

13 and legal description of the real property to be conveyed 

14 under subsection (a) shall be determined by a survey satis15 factory to the Secretary. 

16 (g) ADDITIONAL TERMS AND CONDITIONS.—The 

17 Secretary may require such additional terms and condi18 tions in connection with the conveyance under subsection 

19 (a) as the Secretary considers appropriate to protect the 

20 interests of the United States. 

21 PART 2—NAVY CONVEYANCES 

22 SEC. 2841. LAND CONVEYANCE, MARINE CORPS AIR STA23 TION, MIRAMAR, SAN DIEGO, CALIFORNIA. 

24 (a) CONVEYANCE AUTHORIZED.—Subject to sub25 section (c), the Secretary of the Navy may convey to the 
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1 County of San Diego, California (in this section referred 

2 to as the ‘‘County’’ ), all right, title, and interest of the 

3 United States in and to a parcel of real property, including 

4 any improvements thereon and appurtenant easements 

5 thereto, consisting of approximately 230 acres along the 

6 eastern boundary of Marine Corps Air Station, Miramar, 

7 California, for the purpose of removing the property from 

8 the boundaries of the installation and permitting the 

9 County to preserve the property as public open space and 

10 reopen the tract known as the Stowe Trail to public use. 

11 (b) CONSIDERATION.— 

12 (1) IN-KIND CONSIDERATION.—As consider13 ation for the conveyance under subsection (a), the 

14 County shall provide in-kind consideration with a 

15 total value equal to not less than the fair market 

16 value of the conveyed real property, as determined 

17 by the Secretary. 

18 (2) TYPES OF CONSIDERATION.—The in-kind 

19 consideration provided by the County shall be in a 

20 form and quantity that is acceptable to the Sec21 retary, and may include the following forms of in22 kind consideration: 

23 (A) Maintenance, protection, alteration, re24 pair, improvement, or restoration (including en-
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1 vironmental restoration) of property or facilities 

2 under the control of the Secretary. 

3 (B) Construction of new facilities for the 

4 Secretary. 

5 (C) Provision of facilities for use by the 

6 Secretary. 

7 (D) Facilities operation support for the 

8 Secretary. 

9 (E) Provision of such other services as the 

10 Secretary considers appropriate. 

11 (3) RELATION TO OTHER LAWS.—Sections 

12 2662 and 2802 of title 10, United states Code, shall 

13 not apply to any new facilities whose construction is 

14 accepted as in-kind consideration under this sub15 section. 

16 (c) REVERSIONARY INTEREST.—If the Secretary de17 termines at any time that the County is not using the 

18 property conveyed under subsection (a) in accordance with 

19 the purpose of the conveyance specified in such subsection, 

20 all right, title, and interest in and to the property, includ21 ing any improvements thereon, shall revert, at the option 

22 of the Secretary, to the United States, and the United 

23 States shall have the right of immediate entry onto the 

24 property. Any determination of the Secretary under this 
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1 subsection shall be made on the record after an oppor2 tunity for a hearing. 

3 (d) RELEASE OF REVERSIONARY INTEREST.—The 

4 Secretary shall release, without consideration, the rever5 sionary interest retained by the United States under sub6 section (c) if— 

7 (1) Marine Corps Air Station, Miramar, is no 

8 longer being used for Department of Defense activi9 ties; or 

10 (2) the Secretary determines that the rever11 sionary interest is otherwise unnecessary to protect 

12 the interests of the United States. 

13 (e) PAYMENT OF COSTS OF CONVEYANCE.— 

14 (1) PAYMENT REQUIRED.—The Secretary shall 

15 require the County to cover costs to be incurred by 

16 the Secretary, or to reimburse the Secretary for 

17 costs incurred by the Secretary, to carry out the 

18 conveyance under subsection (a) and implement the 

19 receipt of in-kind consideration under subsection (b), 

20 including appraisal costs, survey costs, costs related 

21 to environmental documentation, and other adminis22 trative costs related to the conveyance and receipt of 

23 in-kind consideration. 

24 (2) TREATMENT OF AMOUNTS RECEIVED.—Sec25 tion 2695(c) of title 10, United States Code, shall 
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1 apply to any amounts received by the Secretary 

2 under paragraph (1). If amounts are received from 

3 the County in advance of the Secretary incurring the 

4 actual costs, and the amount received exceeds the 

5 costs actually incurred by the Secretary under this 

6 section, the Secretary shall refund the excess 

7 amount to the County. 

8 (f) DESCRIPTION OF PROPERTY.—The exact acreage 

9 and legal description of the real property to be conveyed 

10 by the Secretary under subsection (a) shall be determined 

11 by a survey satisfactory to the Secretary. 

12 (g) EXEMPTIONS.—Section 2696 of title 10, United 

13 States Code, does not apply to the conveyance authorized 

14 by subsection (a), and the authority to make the convey15 ance shall not be considered to render the property excess 

16 or underutilized. 

17 (h) ADDITIONAL TERMS AND CONDITIONS.—The 

18 Secretary may require such additional terms and condi19 tions in connection with the conveyance under this section 

20 as the Secretary considers appropriate to protect the inter21 ests of the United States. 
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1 PART 3—AIR FORCE 

2 CONVEYANCES 

3 SEC. 2851. PURCHASE OF BUILD-TO-LEASE FAMILY HOUS4 ING, EIELSON AIR FORCE BASE, ALASKA. 

5 (a) AUTHORITY TO PURCHASE.—After the expiration 

6 of the contract for the lease of a 300-unit military family 

7 housing project at Eielson Air Force Base, Alaska, that 

8 was entered into by the Secretary under the authority of 

9 former subsection (g) of section 2828 of title 10, United 

10 States Code (now section 2835 of such title), as added 

11 by section 801 of the Military Construction Authorization 

12 Act, 1984 (Public Law 98–115; 97 Stat. 782), the Sec13 retary of the Air Force may purchase the entire interest 

14 of the developer in the military family housing project if 

15 the Secretary determines that the purchase of the project 

16 is in the best economic interests of the Air Force. 

17 (b) CONSIDERATION.—The consideration paid by the 

18 Secretary to purchase the interest of the developer in the 

19 military family housing project under subsection (a) may 

20 not exceed the fair market value of the military family 

21 housing project, as determined by the Secretary. 

22 (c) CONGRESSIONAL NOTIFICATION.—If a decision is 

23 made to purchase the interest of the developer in the mili24 tary family housing project under subsection (a), the Sec-
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1 retary shall submit a report to the congressional defense 

2 committees on that decision. The report shall include— 

3 (1) the economic analyses used by the Secretary 

4 to determine that purchase of the military family 

5 housing project is in the best economic interests of 

6 the Air Force, as required by subsection (a); and 

7 (2) a schedule for, and an estimate of the costs 

8 and nature of, any renovations or repairs that will 

9 be necessary to ensure that all units in the military 

10 family housing project meet current housing stand11 ards. 

12 (d) PURCHASE DELAY.—A contract to effectuate the 

13 purchase authorized by subsection (a) may be entered into 

14 by the Secretary only after the end of the 30-day period 

15 beginning on the date the report required by subsection 

16 (c) is received by the congressional defense committees or, 

17 if earlier, the end of the 21-day period beginning on the 

18 date on which a copy of the report is provided in an elec19 tronic medium pursuant to section 480 of title 10, United 

20 States Code. 

21 SEC. 2852. LAND CONVEYANCE, AIR FORCE PROPERTY, 

22 JACKSONVILLE, ARKANSAS. 

23 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

24 the Air Force may convey to the City of Jacksonville, Ar25 kansas (in this section referred to as the ‘‘City’’), all right, 
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1 title, and interest of the United States in and to real prop2 erty consisting of approximately 45.024 acres around an 

3 existing short line railroad in Pulaski County, Arkansas. 

4 (b) CONSIDERATION.—As consideration for the con5 veyance under subsection (a), the City shall pay to the 

6 United States an amount equal to the fair market value 

7 of the conveyed real property, as established by the assess8 ment of the property conducted under contract for the 

9 Corps of Engineers and dated 15 September 2003. 

10 (c) CONDITION OF CONVEYANCE.—The conveyance 

11 under subsection (a) shall be subject to the lease agree12 ment dated October 29, 1982, as amended, between the 

13 Secretary and the Missouri Pacific Railroad Company 

14 (and its successors and assigns) and any other easement, 

15 lease, condition, or restriction of record, including streets, 

16 roads, highways, railroads, pipelines, and public utilities, 

17 insofar as the easement, lease, condition, or restriction is 

18 in existence on the date of the enactment of this Act and 

19 lawfully affects the conveyed property. 

20 (d) PAYMENT OF COSTS OF CONVEYANCE.— 

21 (1) PAYMENT REQUIRED.—The Secretary shall 

22 require the City to cover costs to be incurred by the 

23 Secretary, or to reimburse the Secretary for costs in24 curred by the Secretary, to carry out the conveyance 

25 under subsection (a), including survey costs, costs 
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1 related to environmental documentation, and other 

2 administrative costs related to the conveyance. If 

3 amounts are collected from the City in advance of 

4 the Secretary incurring the actual costs, and the 

5 amount collected exceeds the costs actually incurred 

6 by the Secretary to carry out the conveyance, the 

7 Secretary shall refund the excess amount to the 

8 City. 

9 (2) TREATMENT OF AMOUNTS RECEIVED.— 

10 Amounts received as reimbursement under para11 graph (1) shall be credited to the fund or account 

12 that was used to cover the costs incurred by the Sec13 retary in carrying out the conveyance. Amounts so 

14 credited shall be merged with amounts in such fund 

15 or account, and shall be available for the same pur16 poses, and subject to the same conditions and limita17 tions, as amounts in such fund or account. 

18 (e) EXEMPTION FROM FEDERAL SCREENING.—The 

19 conveyance authorized by subsection (a) is exempt from 

20 the requirement to screen the property for other Federal 

21 use pursuant to sections 2693 and 2696 of title 10, United 

22 States Code. 

23 (f) DESCRIPTION OF PROPERTY.—The exact acreage 

24 and legal description of the real property to be conveyed 
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1 under subsection (a) shall be determined by a survey satis2 factory to the Secretary. 

3 (g) ADDITIONAL TERMS AND CONDITIONS.—The 

4 Secretary may require such additional terms and condi5 tions in connection with the conveyance under subsection 

6 (a) as the Secretary considers appropriate to protect the 

7 interests of the United States. 

8 Subtitle E—Other Matters 

9 SEC. 2861. LEASE AUTHORITY, ARMY HERITAGE AND EDU10 CATION CENTER, CARLISLE, PENNSYLVANIA. 

11 Section 2866 of the National Defense Authorization 

12 Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 

13 1333) is amended— 

14 (1) by redesignating subsection (e) as sub15 section (f); and 

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

18 ‘‘(e) LEASE OF FACILITY.—(1) Under such terms 

19 and conditions as the Secretary considers appropriate, the 

20 Secretary may lease portions of the facility to the Military 

21 Heritage Foundation to be used by the Foundation, con22 sistent with the agreement referred to in subsection (a), 

23 for— 

24 ‘‘(A) generating revenue for activities of the fa25 cility through rental use by the public, commercial 
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1 and nonprofit entities, State and local governments, 

2 and other Federal agencies; and 

3 ‘‘(B) such administrative purposes as may be 

4 necessary for the support of the facility. 

5 ‘‘(2) The annual amount of consideration paid to the 

6 Secretary by the Military Heritage Foundation for a lease 

7 under paragraph (1) may not exceed an amount equal to 

8 the actual cost, as determined by the Secretary, of the an9 nual operations and maintenance of the facility. 

10 ‘‘(3) Amounts paid under paragraph (2) may be used 

11 by the Secretary, in such amounts as provided in advance 

12 in appropriation Acts, to cover the costs of operation of 

13 the facility.’’. 

14 SEC. 2862. REDESIGNATION OF MCENTIRE AIR NATIONAL 

15 GUARD STATION, SOUTH CAROLINA, AS 

16 MCENTIRE JOINT NATIONAL GUARD BASE. 

17 McEntire Air National Guard Station in Eastover, 

18 South Carolina, shall be known and designated as 

19 ‘‘McEntire Joint National Guard Base’’ in recognition of 

20 the use of the installation to house both Air National 

21 Guard and Army National Guard assets. Any reference 

22 to McEntire Air National Guard Station in any law, regu23 lation, map, document, record, or other paper of the 

24 United States shall be considered to be a reference to 

25 McEntire Joint National Guard Base. 
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1 SEC. 2863. ASSESSMENT OF WATER NEEDS FOR PRESIDIO 

2 OF MONTEREY AND ORD MILITARY COMMU3 NITY. 

4 Not later than April 7, 2006, the Secretary of De5 fense shall submit to Congress an interim assessment of 

6 the current and reasonable future needs of the Depart7 ment of the Defense for water for the Presidio of Monterey 

8 and the Ord Military Community. 

9 Division C—Department of Energy 

10 National Security Authoriza11 tions and Other Authorizations 

12 TITLE XXXI—DEPARTMENT OF 

13 ENERGY NATIONAL SECURITY 

14 PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental management. 

Sec. 3103. Other defense activities. 

Sec. 3104. Defense nuclear waste disposal. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Reliable Replacement Warhead program. 

Sec. 3112. Report on assistance for a comprehensive inventory of Russian nonstrategic nuclear weapons. 

15 Subtitle A—National Security 

16 Programs Authorizations 

17 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA18 TION. 

19 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

20 are hereby authorized to be appropriated to the Depart-
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1 ment of Energy for fiscal year 2006 for the activities of 

2 the National Nuclear Security Administration in carrying 

3 out programs necessary for national security in the 

4 amount of $9,100,852,000, to be allocated as follows: 

5 (1) For weapons activities, $6,455,744,000. 

6 (2) For defense nuclear nonproliferation activi7 ties, $1,515,239,000. 

8 (3) For naval reactors, $786,000,000. 

9 (4) For the Office of the Administrator for Nu10 clear Security, $343,869,000. 

11 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

12 From funds referred to in subsection (a) that are available 

13 for carrying out plant projects, the Secretary of Energy 

14 may carry out, for weapons activities, the following new 

15 plant projects: 

16 Project 06–D–140, project engineering and de17 sign, various locations, $14,113,000. 

18 Project 06–D–160, Facilities and Infrastruc19 ture Recapitalization Program, project engineering 

20 and design, various locations, $5,811,000. 

21 Project 06–D–180, Defense Nuclear Non22 proliferation Program project engineering and de23 sign, National Security Laboratory, Pacific North24 west National Laboratory, $5,000,000. 
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1 Project 06–D–401, Central Office Building 2, 

2 Bettis Atomic Power Laboratory, West Mifflin, 

3 Pennsylvania, $7,000,000. 

4 Project 06–D–402, replace fire stations no. 1 

5 and no. 2, Nevada Test Site, $8,284,000. 

6 Project 06–D–403, Tritium Facility Moderniza7 tion, Lawrence Livermore National Laboratory, 

8 $2,600,000. 

9 Project 06–D–404, Building B–3 remediation, 

10 restoration, and upgrade, Nevada Test Site 

11 $16,000,000. 

12 Project 06–D–601, electrical distribution sys13 tem upgrade, Pantex Plant, Amarillo, Texas, 

14 $4,000,000. 

15 Project 06–D–602, gas main and distribution 

16 system upgrade, Pantex Plant, Amarillo Texas, 

17 $3,700,000. 

18 Project 06–D–603, steam plant life extension 

19 project, Y–12 national security complex, Oak Ridge, 

20 Tennessee, $729,000. 

21 SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT. 

22 Funds are hereby authorized to be appropriated to 

23 the Department of Energy for fiscal year 2006 for envi24 ronmental management activities in carrying out pro-
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1 grams necessary for national security in the amount of 

2 $6,311,433,000, to be allocated as follows: 

3 (1) For defense site acceleration completion, 

4 $5,480,102,000. 

5 (2) For defense environmental services, 

6 $831,331,000. 

7 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

8 Funds are hereby authorized to be appropriated to 

9 the Department of Energy for fiscal year 2006 for other 

10 defense activities in carrying out programs necessary for 

11 national security in the amount of $635,998,000. 

12 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 

13 Funds are hereby authorized to be appropriated to 

14 the Department of Energy for fiscal year 2006 for defense 

15 nuclear waste disposal for payment to the Nuclear Waste 

16 Fund established in section 302(c) of the Nuclear Waste 

17 Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount 

18 of $351,447,000. 

19 Subtitle B—Program Authoriza20 tions, Restrictions, and Limita21 tions 

22 SEC. 3111. RELIABLE REPLACEMENT WARHEAD PROGRAM. 

23 (a) IN GENERAL.—Subtitle A (50 U.S.C. 2521 et 

24 seq.) of title XLVII of the Atomic Energy Defense Act 

25 is amended by adding at the end the following new section: 
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1 ‘‘SEC. 4214. RELIABLE REPLACEMENT WARHEAD PROGRAM. 

2 ‘‘(a) PROGRAM REQUIRED.—The Secretary of En3 ergy, in consultation with the Secretary of Defense, shall 

4 carry out a program, to be known as the Reliable Replace5 ment Warhead program, to develop reliable replacement 

6 components that are producible and certifiable for the ex7 isting nuclear weapons stockpile. 

8 ‘‘(b) OBJECTIVES.—The objectives of the Reliable 

9 Replacement Warhead program shall be— 

10 ‘‘(1) to increase the reliability, safety, and secu11 rity of the United States nuclear weapons stockpile; 

12 ‘‘(2) to further reduce the likelihood of the re13 sumption of nuclear testing; 

14 ‘‘(3) to remain consistent with basic design pa15 rameters by using, to the extent practicable, compo16 nents that are well understood or are certifiable 

17 without the need to resume underground nuclear 

18 testing; 

19 ‘‘(4) to ensure that the United States develops 

20 a nuclear weapons infrastructure that can respond 

21 to unforeseen problems, to include the ability to 

22 produce replacement warheads that are safer to 

23 manufacture, more cost-effective to produce, and 

24 less costly to maintain than existing warheads; 
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1 ‘‘(5) to achieve reductions in the future size of 

2 the nuclear weapons stockpile based on increased re3 liability of the reliable replacement warheads; 

4 ‘‘(6) to use the design, certification, and pro5 duction expertise resident in the nuclear complex to 

6 develop reliable replacement components to fulfill 

7 current mission requirements of the existing stock8 pile; and 

9 ‘‘(7) to serve as a complement to, and poten10 tially a more cost-effective and reliable long-term re11 placement for, the current Stockpile Life Extension 

12 Programs.’’. 

13 (b) REPORT.—Not later than March 1, 2007, the Nu14 clear Weapons Council shall submit to the congressional 

15 defense committees a report on the feasibility and imple16 mentation of the Reliable Replacement Warhead program 

17 required by section 4214 of the Atomic Energy Defense 

18 Act (as added by subsection (a)). The report shall— 

19 (1) identify existing warheads recommended for 

20 replacement by 2035 with an assessment of the 

21 weapon performance and safety characteristics of 

22 the replacement warheads; 

23 (2) discuss the relationship of the Reliable Re24 placement Warhead program within the Stockpile 
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1 Stewardship Program and its impact on the current 

2 Stockpile Life Extension Programs; 

3 (3) provide an assessment of the extent to 

4 which a successful Reliable Replacement Warhead 

5 program could lead to reductions in the nuclear 

6 weapons stockpile; 

7 (4) discuss the criteria by which replacement 

8 warheads under the Reliable Replacement Warhead 

9 program will be designed to maximize the likelihood 

10 of not requiring nuclear testing, as well as the cir11 cumstances that could lead to a resumption of test12 ing; 

13 (5) provide a description of the infrastructure, 

14 including pit production capabilities, required to sup15 port the Reliable Replacement Warhead program; 

16 and 

17 (6) provide a detailed summary of how the 

18 funds made available pursuant to the authorizations 

19 of appropriations in this Act, and any funds made 

20 available in prior years, will be used. 

21 (c) INTERIM REPORT.—Not later than March 1, 

22 2006, the Nuclear Weapons Council shall submit to the 

23 congressional defense committees an interim report on the 

24 matters required to be covered by the report under sub25 section (b). 
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1 SEC. 3112. REPORT ON ASSISTANCE FOR A COMPREHEN2 SIVE INVENTORY OF RUSSIAN NONSTRA3 TEGIC NUCLEAR WEAPONS. 

4 (a) FINDINGS.—Congress finds that— 

5 (1) there is an insufficient accounting for, and 

6 insufficient security of, the nonstrategic nuclear 

7 weapons of the Russian Federation; and 

8 (2) because of the dangers posed by that insuf9 ficient accounting and security, it is in the national 

10 security interest of the United States to assist the 

11 Russian Federation in the conduct of a comprehen12 sive inventory of its nonstrategic nuclear weapons. 

13 (b) REPORT.— 

14 (1) REPORT REQUIRED.—Not later than No15 vember 1, 2005, the Secretary of Energy shall sub16 mit to Congress a report containing— 

17 (A) the Secretary’s evaluation of past and 

18 current efforts by the United States to encour19 age or facilitate a proper accounting for and se20 curing of the nonstrategic nuclear weapons of 

21 the Russian Federation; and 

22 (B) the Secretary’s recommendations re23 garding the actions by the United States that 

24 are most likely to lead to progress in improving 

25 the accounting for, and securing of, those weap26 ons. 
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1 (2) CONSULTATION WITH SECRETARY OF DE2 FENSE.—The report under paragraph (1) shall be 

3 prepared in consultation with the Secretary of De4 fense. 

5 (3) CLASSIFICATION OF REPORT.—The report 

6 under paragraph (1) shall be in unclassified form, 

7 but may be accompanied by a classified annex. 

8 TITLE XXXII—DEFENSE NU9 CLEAR FACILITIES SAFETY 

10 BOARD 

Sec. 3201. Authorization. 

11 SEC. 3201. AUTHORIZATION. 

12 There are authorized to be appropriated for fiscal 

13 year 2006, $22,032,000 for the operation of the Defense 

14 Nuclear Facilities Safety Board under chapter 21 of the 

15 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 

16 TITLE XXXIII—NATIONAL 

17 DEFENSE STOCKPILE 

Sec. 3301. Authorized uses of National Defense Stockpile funds. 

Sec. 3302. Revision of fiscal year 1999 authority to dispose of certain materials 

in the National Defense Stockpile. 

Sec. 3303. Revision of fiscal year 2000 authority to dispose of certain materials 

in the National Defense Stockpile. 

18 SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE 

19 STOCKPILE FUNDS. 

20 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis21 cal year 2006, the National Defense Stockpile Manager 
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1 may obligate up to $52,132,000 of the funds in the Na2 tional Defense Stockpile Transaction Fund established 

3 under subsection (a) of section 9 of the Strategic and Crit4 ical Materials Stock Piling Act (50 U.S.C. 98h) for the 

5 authorized uses of such funds under subsection (b)(2) of 

6 such section, including the disposal of hazardous materials 

7 that are environmentally sensitive. 

8 (b) ADDITIONAL OBLIGATIONS.—The National De9 fense Stockpile Manager may obligate amounts in excess 

10 of the amount specified in subsection (a) if the National 

11 Defense Stockpile Manager notifies Congress that extraor12 dinary or emergency conditions necessitate the additional 

13 obligations. The National Defense Stockpile Manager may 

14 make the additional obligations described in the notifica15 tion after the end of the 45-day period beginning on the 

16 date on which Congress receives the notification. 

17 (c) LIMITATIONS.—The authorities provided by this 

18 section shall be subject to such limitations as may be pro19 vided in appropriations Acts. 

20 SEC. 3302. REVISION OF FISCAL YEAR 1999 AUTHORITY TO 

21 DISPOSE OF CERTAIN MATERIALS IN THE NA22 TIONAL DEFENSE STOCKPILE. 

23 (a) REQUIRED RECEIPTS FROM DISPOSALS.—Sec24 tion 3303(a) of the Strom Thurmond National Defense 

25 Authorization Act for Fiscal Year 1999 (Public Law 105– 
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1 261; 50 U.S.C. 98d note), as amended by section 3302 

2 of the Ronald W. Reagan National Defense Authorization 

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

4 2193), is amended by striking paragraph (5) and inserting 

5 the following new paragraph: 

6 ‘‘(5) $1,000,000,000 by the end of fiscal year 

7 2011.’’. 

8 (b) EFFECT OF AMENDMENT.—The amendment 

9 made by subsection (a) will result in the continued dis10 posal of certain materials in the National Defense Stock11 pile after September 30, 2005, pursuant to the disposal 

12 authority provided by section 3303 of the Strom Thur13 mond National Defense Authorization Act for Fiscal Year 

14 1999, and allow the National Defense Stockpile Manager 

15 to take advantage of favorable market conditions for the 

16 sales of several of the materials authorized for disposal, 

17 such as tungsten ferro, tungsten metal power, and tung18 sten ores and concentrates. 

19 SEC. 3303. REVISION OF FISCAL YEAR 2000 AUTHORITY TO 

20 DISPOSE OF CERTAIN MATERIALS IN THE NA21 TIONAL DEFENSE STOCKPILE. 

22 Section 3402(b) of the National Defense Authoriza23 tion Act for Fiscal Year 2000 (Public Law 106–65; 50 

24 U.S.C. 98d note), as amended by section 3302 of the Na25 tional Defense Authorization Act for Fiscal Year 2004 
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1 (Public Law 108–136; 117 Stat. 1788), is amended by 

2 striking paragraph (4) and inserting the following new 

3 paragraph: 

4 ‘‘(4) $550,000,000 by the end of fiscal year 

5 2011.’’. 

6 TITLE XXXIV—NAVAL 

7 PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

8 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) AMOUNT.—There are hereby authorized to be ap10 propriated to the Secretary of Energy $18,500,000 for fis11 cal year 2006 for the purpose of carrying out activities 

12 under chapter 641 of title 10, United States Code, relating 

13 to the naval petroleum reserves. 

14 (b) PERIOD OF AVAILABILITY.—Funds appropriated 

15 pursuant to the authorization of appropriations in sub16 section (a) shall remain available until expended. 

17 TITLE XXXV—MARITIME 

18 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. 
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1 SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FIS2 CAL YEAR 2006. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal year 2006, to be available without fiscal year limita5 tion if so provided in appropriations Acts, for the use of 

6 the Department of Transportation for the Maritime Ad7 ministration as follows: 

8 (1) For expenses necessary for operations and 

9 training activities, $113,650,000, of which 

10 $10,000,000 shall be available only for paying reim11 bursement under section 3517 of the National De12 fense Authorization Act for Fiscal Year 2004, as 

13 amended by section 3503 of this Act. 

14 (2) For administrative expenses related to loan 

15 guarantee commitments under the program author16 ized by title XI of the Merchant Marine Act, 1936 

17 (46 App. U.S.C. 1271 et seq.), $3,526,000. 

18 (3) For expenses to dispose of obsolete vessels 

19 in the National Defense Reserve Fleet, including 

20 provision of assistance under section 7 of Public 

21 Law 92–402, $21,000,000. 

22 SEC. 3502. PAYMENTS FOR STATE AND REGIONAL MARI23 TIME ACADEMIES. 

24 (a) ANNUAL PAYMENT.—Section 1304(d)(1)(C)(ii) 

25 of the Merchant Marine Act, 1936 (46 App. U.S.C. 

26 1295c(d)(1)(C)(ii)) is amended by striking ‘‘$200,000’’ 
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1 and inserting ‘‘$300,000 for fiscal year 2006, $400,000 

2 for fiscal year 2007, and $500,000 for fiscal year 2008 

3 and each fiscal year thereafter’’. 

4 (b) SCHOOL SHIP FUEL PAYMENT.—Section 

5 1304(c)(2) of the Merchant Marine Act, 1936 (46 App. 

6 U.S.C. 1295c(c)(2)) is amended— 

7 (1) by striking ‘‘The Secretary may pay to any 

8 State maritime academy’’ and inserting ‘‘(A) The 

9 Secretary shall, subject to the availability of appro10 priations, pay to each State maritime academy’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(B) The amount of the payment to a State maritime 

13 academy under this paragraph shall not exceed— 

14 ‘‘(i) $100,000 for fiscal year 2006; 

15 ‘‘(ii) $200,000 for fiscal year 2007; and 

16 ‘‘(iii) $300,000 for fiscal year 2008 and each 

17 fiscal year thereafter.’’. 

18 SEC. 3503. MAINTENANCE AND REPAIR REIMBURSEMENT 

19 PILOT PROGRAM. 

20 Section 3517 of the National Defense Authorization 

21 Act for Fiscal Year 2004 (46 U.S.C. 53101 note) is 

22 amended— 

23 (1) in subsection (a)(1) by striking ‘‘may’’ each 

24 place it appears and inserting ‘‘shall’’; 
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1 (2) in subsection (a)(2) by striking ‘‘LIMITA2 TION.—The Secretary may not’’ and inserting ‘‘RE3 QUIREMENT OF AGREEMENT.—The Secretary shall, 

4 subject to the availability of appropriations,’’; 

5 (3) in subsection (d)(2) by striking ‘‘80 percent 

6 of’’; and 

7 (4) by amending subsection (g) to read as fol8 lows: 

9 ‘‘(g) ANNUAL REPORT.—The Secretary shall submit 

10 a report to the Congress each year on the program under 

11 this section. The report shall include a listing of future 

12 inspection schedules for all vessels included in the Mari13 time Security Fleet established by chapter 531 of title 46, 

14 United States Code.’’. 

15 SEC. 3504. TANK VESSEL CONSTRUCTION ASSISTANCE. 

16 (a) REQUIREMENT TO ENTER CONTRACTS.—Section 

17 3543(a) of the National Defense Authorization Act for 

18 Fiscal Year 2004 (46 U.S.C. 53101 note) is amended by 

19 striking ‘‘may’’ and inserting ‘‘shall, to the extent of the 

20 availability of appropriations,’’. 

21 (b) AMOUNT OF ASSISTANCE.—Section 3543(b) of 

22 the National Defense Authorization Act for Fiscal Year 

23 2004 (46 U.S.C. 53101 note) is amended by striking ‘‘up 

24 to 75 percent of’’. 
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1 SEC. 3505. IMPROVEMENTS TO THE MARITIME ADMINIS2 TRATION VESSEL DISPOSAL PROGRAM. 

3 (a) COMPREHENSIVE MANAGEMENT PLAN.— 

4 (1) REQUIREMENT TO DEVELOP PLAN.—The 

5 Secretary of Transportation shall prepare, publish, 

6 and submit to the Congress by not later than 120 

7 days after the date of the enactment of this Act a 

8 comprehensive plan for management of the vessel 

9 disposal program of the Maritime Administration in 

10 accordance with the recommendations made in the 

11 Government Accountability Office in report number 

12 GAO–05–264, dated March 2005. 

13 (2) CONTENTS OF PLAN.—The plan shall— 

14 (A) include a strategy and implementation 

15 plan for disposal of obsolete Maritime Adminis16 tration vessels (including vessels added to the 

17 fleet after the enactment of this Act) in a time18 ly manner, maximizing the use of all available 

19 disposal methods, including dismantling, use for 

20 artificial reefs, donation, and Navy training ex21 ercises; 

22 (B) identify and describe the funding and 

23 other resources necessary to implement the 

24 plan, and specific milestones for disposal of ves25 sels under the plan; 
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1 (C) establish performance measures to 

2 track progress toward achieving the goals of the 

3 program, including the expeditious disposal of 

4 ships commencing upon the date of the 

5 enactmemt of this Act; 

6 (D) develop a formal decisionmaking 

7 framework for the program; and 

8 (E) identify external factors that could im9 pede successful implementation of the plan, and 

10 describe steps to be taken to mitigate the ef11 fects of such factors. 

12 (b) IMPLEMENTATION OF MANAGEMENT PLAN.— 

13 (1) REQUIREMENT TO IMPLEMENT.—The Sec14 retary shall implement the vessel disposal program 

15 of the Maritime Administration in accordance 

16 with— 

17 (A) the management plan submitted under 

18 subsection (a); and 

19 (B) the requirements set forth in para20 graph (2). 

21 (2) UTILIZATION OF DOMESTIC SOURCES.—In 

22 the procurement of services under the vessel disposal 

23 program of the Maritime Administration, the Sec24 retary shall— 

25 (A) use full and open competition; and 
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1 (B) utilize domestic sources to the max2 imum extent practicable. 

3 (c) FAILURE TO SUBMIT PLAN.— 

4 (1) PRIVATE MANAGEMENT CONTRACT FOR DIS5 POSAL OF MARITIME ADMINISTRATION VESSELS.— 

6 The Secretary of Transportation, subject to the 

7 availability of appropriations, shall promptly award a 

8 contract using full and open competition to expedi9 tiously implement all aspects of disposal of obsolete 

10 vessels of the Maritime Administration. 

11 (2) APPLICATION.—This subsection shall apply 

12 beginning 120 days after the date of the enactment 

13 of this Act, unless the Secretary of Transportation 

14 has submitted to the Congress the comprehensive 

15 plan required under subsection (a) 

16 (d) TEMPORARY AUTHORITY TO TRANSFER OBSO17 LETE COMBATANT VESSELS TO NAVY FOR DISPOSAL.— 

18 The Secretary of Transportation shall, subject to the 

19 availability of appropriations and consistent with section 

20 1535 of title 31, United States Code, popularly known as 

21 the Economy Act, transfer to the Secretary of the Navy 

22 during fiscal year 2006 for disposal by the Navy, no fewer 

23 than 4 combatant vessels in the nonretention fleet of the 
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1 Maritime Administration that are acceptable to the Sec2 retary of the Navy. 

Passed the House of Representatives May 25, 2005. 

Attest: JEFF TRANDAHL, 

Clerk.