IB 

Union Calendar No. 47 

109TH CONGRESS 

1ST SESSION H. R. 1815 

[Report No. 109–89] 

To authorize appropriations for fiscal year 2006 for military activities of 

the Department of Defense, to prescribe military personnel strengths 

for fiscal year 2006, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2005 

Mr. HUNTER (for himself and Mr. SKELTON) (both by request) introduced the 

following bill; which was referred to the Committee on Armed Services 

MAY 20, 2005 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 26, 2005] 

A BILL 

To authorize appropriations for fiscal year 2006 for military 

activities of the Department of Defense, to prescribe 

military personnel strengths for fiscal year 2006, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 1815 RH 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘National Defense Au3 thorization Act for Fiscal Year 2006’’. 

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

5 CONTENTS. 

6 (a) DIVISIONS.—This Act is organized into three divi7 sions as follows: 

8 (1) Division A—Department of Defense Author9 izations. 

10 (2) Division B—Military Construction Author11 izations. 

12 (3) Division C—Department of Energy National 

13 Security Authorizations and Other Authorizations. 

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

15 this Act is as follows: 

Sec. 1. Short title. 

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

Sec. 3. Congressional defense committees. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Subtitle B—Army Programs 

Sec. 111. Multiyear procurement authority for 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. 
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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. 

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. 
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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. 

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. 

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. 

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. 
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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. 

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. 
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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. 

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. 
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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. 

Sec. 574. Ground combat and other exclusion policies. 

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 low-income members with dependents. 

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

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. 
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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. 

Sec. 676. Special compensation for reserve component members who are also tobacco farmers adversely affected by terms of tobacco quota 

buyout. 

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. 
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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. 

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. 

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. 

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. 
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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. 

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. 

Subtitle C—Counter-Drug Activities 

Sec. 1021. Extension of Department of Defense authority to support counter-drug 

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. 
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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. 

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. 

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 severence 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 Scholarship Program. 

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. 

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. 
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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. 

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. 

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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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. 

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. 
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DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title. 

TITLE I—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 II—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 III—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 IV—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 V—NORTH ATLANTIC TREATY ORGANIZATION SECURITY 

INVESTMENT PROGRAM 

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

Sec. 2502. Authorization of appropriations, NATO. 

TITLE VI—GUARD AND RESERVE FORCES FACILITIES 

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

projects. 

TITLE VII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS 

Sec. 2701. Expiration of authorizations and amounts required to be specified by 

law. 

Sec. 2702. Extension of authorizations of certain fiscal year 2003 projects. 

Sec. 2703. Extension of authorizations of certain fiscal year 2002 projects. 

Sec. 2704. Effective date. 
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TITLE VIII—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. 

PART 2—NAVY CONVEYANCES

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

California. 
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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. 

Sec. 3504. Tank vessel construction assistance. 

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

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. 
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1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 101. ARMY. 

4 Funds are hereby authorized to be appropriated for fis5 cal 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. 

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

24 be appropriated for fiscal year 2006 for procurement for 

25 the Marine Corps in the amount of $1,407,605,000. 
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1 SEC. 103. AIR FORCE. 

2 Funds are hereby authorized to be appropriated for fis3 cal year 2006 for procurement for the Air Force as follows: 

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

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

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

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

8 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

9 Funds are hereby authorized to be appropriated for fis10 cal year 2006 for Defense-wide procurement in the amount 

11 of $2,715,446,000. 

12 Subtitle B—Army Programs 

13 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR UH–

14 60/MH–60 HELICOPTERS. 

15 The Secretary of the Army may, in accordance with 

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

17 multiyear contract, beginning with the fiscal year 2007 pro18 gram year, for procurement of up to 461 helicopters in the 

19 UH–60M configuration and, acting as executive agent for 

20 the Department of the Navy, in the MH–60S configuration. 

21 SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR 

22 APACHE MODERNIZED TARGET ACQUISITION 

23 DESIGNATION SIGHT/PILOT NIGHT VISION 

24 SENSOR. 

25 The Secretary of the Army may, in accordance with 

26 section 2306b of title 10, United States Code, enter into a 
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1 multiyear contract, beginning with the fiscal year 2006 pro2 gram year and for four program years, for procurement of 

3 612 Apache Modernized Target Acquisition Designation 

4 Sights/Pilot Night Vision Sensors. 

5 SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR 

6 APACHE BLOCK II CONVERSION. 

7 The Secretary of the Army may, in accordance with 

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

9 multiyear contract, beginning with the fiscal year 2006 pro10 gram year and for four program years, for procurement of 

11 conversion of 96 Apache helicopters to the Block II configu12 ration. 

13 SEC. 114. ACQUISITION STRATEGY FOR TACTICAL WHEELED 

14 VEHICLE PROGRAMS. 

15 (a) ARMY.—If, in carrying out a program for mod16 ernization and recapitalization of the fleet of tactical 

17 wheeled vehicles of the Army, the Secretary of the Army de18 termines to award a contract for procurement of a new ve19 hicle class for the next-generation tactical wheeled vehicle 

20 (other than a contract for modifications, upgrades, or prod21 uct improvements to the existing fleet of vehicles), the Sec22 retary shall award and execute the acquisition program 

23 under that contract as a joint service program with the Ma24 rine Corps. 
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1 (b) MARINE CORPS.—If, in carrying out a program 

2 for modernization and recapitalization of the fleet of tac3 tical wheeled vehicles of the Marine Corps, the Secretary 

4 of the Navy determines to award a contract for procurement 

5 of a new vehicle class for the next-generation tactical 

6 wheeled vehicle (other than a contract for modifications, up7 grades, or product improvements to the existing fleet of vehi8 cles), the Secretary shall award and execute the acquisition 

9 program under that contract as a joint service program 

10 with the Army. 

11 SEC. 115. LIMITATION ON ARMY MODULAR FORCE INITIA12 TIVE. 

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

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

15 obligated or expended for acquisition programs for the 

16 Army Modular Force Initiative until the Secretary of the 

17 Army submits to the congressional defense committees a re18 port described in subsection (b). 

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

20 forth the following: 

21 (1) An outline of the full scope of acquisition 

22 programs that are considered part of the Modular 

23 Force Initiative and the acquisition objectives for each 

24 such program. 
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1 (2) An outline of the funding levels provided in 

2 the fiscal year 2007 Future Years Defense Program 

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

4 for each such program, the adequacy of that funding 

5 for achieving the acquisition objectives referred to in 

6 paragraph (1). 

7 (3) A detailed accounting of the use of funds pro8 vided for the Modular Force Initiative in title I of di9 vision A of the Emergency Supplemental Appropria10 tions Act for Defense, the Global War on Terrorism, 

11 and Tsunami Relief Act, 2005. 

12 SEC. 116. CONTRACT REQUIREMENT FOR OBJECTIVE INDI13 VIDUAL COMBAT WEAPON - INCREMENT 1. 

14 In awarding a contract for procurement of the Objec15 tive Individual Combat Weapon - Increment 1, the Sec16 retary of the Army shall ensure that the contractor is se17 lected through a full and open competition process that al18 lows potential offerors adequate time to prepare and submit 

19 qualifying proposals. 

20 Subtitle C—Navy Programs 

21 SEC. 121. VIRGINIA-CLASS SUBMARINE PROGRAM. 

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

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

24 procurement of the five Virginia-class submarines des25 ignated as SSN–779, SSN–780, SSN–781, SSN–782, and 
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1 SSN–783 may not exceed the following amounts (such 

2 amounts being the estimated total procurement end cost of 

3 those vessels in the fiscal year 2006 budget): 

4 (1) For the SSN–779 submarine, $2,143,700,000. 

5 (2) For the SSN–780 submarine, $2,238,800,000. 

6 (3) For the SSN–781 submarine, $2,402,000,000. 

7 (4) For the SSN–782 submarine, $2,581,300,000. 

8 (5) For the SSN–783 submarine, $2,690,000,000. 

9 (b) ADJUSTMENT OF LIMITATION AMOUNTS.—The Sec10 retary of the Navy may adjust the amount set forth in sub11 section (a) for any Virginia-class submarine specified in 

12 that subsection by the following: 

13 (1) The amounts of increases or decreases in 

14 costs attributable to economic inflation after Sep15 tember 30, 2005. 

16 (2) The amounts of increases or decreases in 

17 costs attributable to compliance with changes in Fed18 eral, State, or local laws enacted after September 30, 

19 2005. 

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

21 The Secretary of the Navy shall annually submit to Con22 gress, at the same time as the budget is submitted under 

23 section 1105(a) of title 31, United States Code, written no24 tice of any change in any of the amounts set forth in sub25 section (a) during the preceding fiscal year that the Sec-
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1 retary has determined to be associated with a cost referred 

2 to in subsection (b). 

3 SEC. 122. LHA REPLACEMENT AMPHIBIOUS ASSAULT SHIP 

4 PROGRAM. 

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

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

7 procurement of each ship of the LHA Replacement 

8 (LHA(R)) amphibious assault ship program may not ex9 ceed $2,000,000,000. 

10 (b) ADJUSTMENT OF LIMITATION AMOUNT.—The Sec11 retary of the Navy may adjust the amount set forth in sub12 section (a) for the program referred to in that subsection 

13 by the following: 

14 (1) The amounts of increases or decreases in 

15 costs attributable to economic inflation after Sep16 tember 30, 2005. 

17 (2) The amounts of increases or decreases in 

18 costs attributable to compliance with changes in Fed19 eral, State, or local laws enacted after September 30, 

20 2005. 

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

22 Secretary of the Navy shall annually submit to Congress, 

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

24 1105(a) of title 31, United States Code, written notice of 

25 any change in the amount set forth in subsection (a) during 
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1 the preceding fiscal year that the Secretary has determined 

2 to be associated with a cost referred to in subsection (b). 

3 (d) LIMITATION ON PROCUREMENT FUNDS.—Funds 

4 available to the Navy for Shipbuilding and Conversion, 

5 Navy, may be obligated or expended for procurement for 

6 the LHA Replacement ship program only after the Sec7 retary of Defense certifies in writing to the congressional 

8 defense committees that— 

9 (1) the Joint Requirements Oversight Council 

10 has approved a detailed Operational Requirements 

11 Document for the program; and 

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

13 class of vessels. 

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

15 design of a class of vessels shall be considered to be stable 

16 when no substantial change to the design is anticipated. 

17 SEC. 123. FUTURE MAJOR SURFACE COMBATANT, DE18 STROYER TYPE. 

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

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

21 procurement of each ship for the future major surface com22 batant, destroyer type, may not exceed $1,700,000,000 (such 

23 amount being the estimated total procurement end cost of 

24 that ship in the fiscal year 2006 budget). 
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1 (b) ADJUSTMENT OF LIMITATION AMOUNT.—The Sec2 retary of the Navy may adjust the amount set forth in sub3 section (a) for the ship type referred to in that subsection 

4 by the following: 

5 (1) The amounts of increases or decreases in 

6 costs attributable to economic inflation after Sep7 tember 30, 2005. 

8 (2) The amounts of increases or decreases in 

9 costs attributable to compliance with changes in Fed10 eral, State, or local laws enacted after September 30, 

11 2005. 

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

13 Secretary of the Navy shall annually submit to Congress, 

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

15 1105(a) of title 31, United States Code, written notice of 

16 any change in the amount set forth in subsection (a) during 

17 the preceding fiscal year that the Secretary has determined 

18 to be associated with a cost referred to in subsection (b). 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—Of the 

20 amount provided in section 201(2) for Research and Devel21 opment, Navy, for fiscal year 2006, $700,000,000 is avail22 able for technology development and demonstration for the 

23 ship referred to in subsection (a). 

24 (e) ACQUISITION PLAN.—In developing the acquisition 

25 plan for the future major surface combatant, destroyer type, 
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1 the Secretary shall ensure that the resulting acquisition 

2 program— 

3 (1) uses technologies from the DD(X) and CG(X) 

4 programs, as well as any other technology the Sec5 retary considers appropriate; 

6 (2) has an overall capability not less than that 

7 of the Flight IIA version of the Arleigh Burke (DDG– 

8 51) class destroyer; and 

9 (3) would be ready for lead-ship procurement not 

10 later than fiscal year 2011. 

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

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 Littoral Combat Ship 

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

16 may not exceed $400,000,000 (such amount being the esti17 mated total procurement end cost of that ship in the fiscal 

18 year 2006 budget). 

19 (b) ADJUSTMENT OF LIMITATION AMOUNT.—The Sec20 retary of the Navy may adjust the amount set forth in sub21 section (a) for the ships referred to in that subsection by 

22 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 Fed3 eral, State, or local laws enacted after September 30, 

4 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) during 

10 the preceding fiscal year that the Secretary has determined 

11 to be associated with a cost referred to in subsection (b). 

12 (d) LIMITATION ON SHIPS AND MISSION MODULES.— 

13 No funds available to the Navy may be used for the acquisi14 tion of Littoral Combat Ships, or Littoral Combat Ship 

15 mission modules until the Secretary of Defense submits to 

16 the congressional defense committees— 

17 (1) the results of an operational evaluation of the 

18 first four Littoral Combat Ships conducted by the Di19 rector of Operational Test and Evaluation Force of 

20 the Department of Defense; and 

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

22 there exists a stable design for the Littoral Combat 

23 Ship class of vessels. 
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1 (e) STABLE DESIGN.—For purposes of this section, the 

2 design of a class of vessels shall be considered to be stable 

3 when no substantial change to the design is anticipated. 

4 SEC. 125. AUTHORIZATION OF TWO ADDITIONAL ARLEIGH 

5 BURKE CLASS DESTROYERS. 

6 Of the amount provided in section 102(a)(4) for Ship7 building and Conversion, Navy, for fiscal year 2006, the 

8 amount of $2,500,000,000 is available for construction of 

9 two additional Arleigh Burke class destroyers, to be con10 structed under a single contract which shall be competi11 tively awarded. 

12 SEC. 126. REFUELING AND COMPLEX OVERHAUL OF THE 

13 U.S.S. CARL VINSON. 

14 (a) AMOUNT AUTHORIZED FROM SCN ACCOUNT.—Of 

15 the amount authorized to be appropriated by section 

16 102(a)(4), for fiscal year 2006, $1,493,563,000 is available 

17 for the commencement of the nuclear refueling and complex 

18 overhaul of the U.S.S. Carl Vinson (CVN–70). The amount 

19 made available in the preceding sentence is the first incre20 ment in the incremental funding planned for the nuclear 

21 refueling and complex overhaul of that vessel. 

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

23 Navy may enter into a contract during fiscal year 2006 

24 for the nuclear refueling and complex overhaul of the U.S.S. 

25 Carl Vinson. 
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1 (c) CONDITION FOR OUT-YEAR CONTRACT PAY2 MENTS.—A contract entered into under subsection (b) shall 

3 provide that any obligation of the United States to make 

4 a payment under the contract for a fiscal year after fiscal 

5 year 2006 is subject to the availability of appropriations 

6 for that purpose for that later fiscal year. 

7 SEC. 127. REPORT ON PROPULSION SYSTEM ALTERNATIVES 

8 FOR SURFACE COMBATANTS. 

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

10 shall submit to the congressional defense committees a re11 port on the results of the study directed by the Chief of 

12 Naval Operations and in progress in mid-2005 on alter13 native propulsion methods for surface combatant vessels of 

14 the Navy. The report shall be submitted not later than the 

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

16 United States Government for fiscal year 2007. 

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

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

19 the following: 

20 (1) The objectives and scope of the study referred 

21 to in subsection (a) and the timeframes for analysis 

22 under the study and the key assumptions used in car23 rying out the study. 

24 (2) The methodology and analysis techniques 

25 used to conduct the study. 
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1 (3) A description of current and future tech2 nology relating to propulsion that has been incor3 porated in recently-designed surface combatants or is 

4 expected to be available within the next 10-to-20 

5 years. 

6 (4) The propulsion alternatives for surface com7 batants considered under the study and the analysis 

8 and evaluation under the study of each of those alter9 natives from an operational and cost-effectiveness 

10 standpoint. 

11 (5) The conclusions and recommendations of the 

12 study, including those conclusions and recommenda13 tions that could impact the design of future ships or 

14 lead to modifications of existing ships. 

15 (6) The Secretary’s intended actions and time16 frames for implementation, if any, of the findings 

17 and conclusions of the study. 

18 SEC. 128. AIRCRAFT CARRIER FORCE STRUCTURE. 

19 (a) REQUIREMENT FOR 12 OPERATIONAL AIRCRAFT

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

21 United States Code, is amended— 

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

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

24 (2) by inserting after subsection (a) the following 

25 new subsection (b): 
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1 ‘‘(b) The naval combat forces of the Navy shall include 

2 not less than 12 operational aircraft carriers. For purposes 

3 of this subsection, an operational aircraft carrier includes 

4 an aircraft carrier that is temporarily unavailable for 

5 worldwide deployment due to routine or scheduled mainte6 nance or repair.’’. 

7 (b) U.S.S. JOHN F. KENNEDY.— 

8 (1) FULLY MISSION CAPABLE STATUS.—The Sec9 retary of Defense shall take all necessary actions to 

10 ensure that the U.S.S. John F. Kennedy (CVN–67) is 

11 maintained in a fully mission capable status. 

12 (2) MAINTENANCE.—From the amounts provided 

13 under section 301 for operation and maintenance of 

14 the Navy for fiscal year 2006, $60,000,000 is author15 ized for the operation and routine maintenance of the 

16 U.S.S. John F. Kennedy. 

17 SEC. 129. CONTINGENT TRANSFER OF ADDITIONAL FUNDS 

18 FOR CVN–21 CARRIER REPLACEMENT PRO19 GRAM. 

20 If the Director of Program Analysis and Evaluation 

21 of the Office of the Secretary of Defense certifies to Congress 

22 that an additional amount of $86,700,000 for fiscal year 

23 2006 for advance procurement for the CVN–21 Carrier Re24 placement Program would allow construction of the CVN– 

25 21 vessel to begin in fiscal year 2007, then upon such cer-
34 

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1 tification the amount of $86,700,000 shall be transferred 

2 from amounts available for fiscal year 2006 for Defense3 wide Operation and Maintenance, to be derived from 

4 amounts for Defense-wide Advisory and Assistance Services, 

5 to amounts available for fiscal year 2006 for Shipbuilding 

6 and Conversion, Navy, to be available for advance procure7 ment for the CVN–21 Carrier Replacement Program. 

8 Subtitle D—Air Force Programs 

9 SEC. 131. MULTIYEAR PROCUREMENT AUTHORITY FOR C–17 

10 AIRCRAFT. 

11 The Secretary of the Air Force may, in accordance 

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

13 into a multiyear contract, beginning with the fiscal year 

14 2006 program year, for procurement of up to 42 additional 

15 C–17 aircraft. 

16 Subtitle E—Joint and Multiservice 

17 Matters 

18 SEC. 141. REQUIREMENT THAT ALL TACTICAL UNMANNED 

19 AERIAL VEHICLES USE SPECIFIED STANDARD 

20 DATA LINK. 

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

22 take such steps as necessary to ensure that all tactical un23 manned aerial vehicles (UAVs) of the Army, Navy, Marine 

24 Corps, and Air Force are equipped and configured so that— 
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1 (1) the data link used by those vehicles is the De2 partment of Defense standard tactical unmanned aer3 ial vehicle data link known as the Tactical Common 

4 Data Link (TCDL), until such time as the Tactical 

5 Common Data Link standard is replaced by an up6 dated 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, de10 veloped to facilitate multinational interoperability 

11 among NATO member nations. 

12 (b) FUNDING LIMITATION.—After December 1, 2006, 

13 no funds available to the Department of Defense may be 

14 used to equip a tactical unmanned aerial vehicle with data 

15 links other than as required by subsection (a)(1). 

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

17 Secretary of each military department shall submit to Con18 gress a report on the status of compliance by all tactical 

19 unmanned aerial vehicles under the jurisdiction of the Sec20 retary with subsection (a). 

21 SEC. 142. LIMITATION ON INITIATION OF NEW UNMANNED 

22 AERIAL VEHICLE SYSTEMS. 

23 (a) LIMITATION.—Funds available to the Department 

24 of Defense may not be used to procure an unmanned aerial 

25 vehicle (UAV) system, including any air vehicle, data link, 
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1 ground station, sensor, or other associated equipment for 

2 any such system, or to modify any such system to include 

3 any form of armament, unless such procurement or modi4 fication is authorized in writing in advance by the Under 

5 Secretary of Defense for Acquisition, Technology, and Lo6 gistics. 

7 (b) EXCEPTION FOR EXISTING SYSTEMS.—The limita8 tion in subsection (a) does not apply with respect to an 

9 unmanned aerial vehicle (UAV) system for which funds 

10 have been appropriated for procurement before the date of 

11 the enactment of this Act. 

12 TITLE II—RESEARCH, DEVELOP13 MENT, TEST, AND EVALUA14 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. 

Sec. 220. Requirements for development of tactical radio communications systems. 

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

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 fis5 cal year 2006 for the use of the Department of Defense for 

6 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, $19,261,263,000, 

11 of which $168,458,000 is authorized for the Director 

12 of Operational Test and Evaluation. 

13 SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECH14 NOLOGY. 

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

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

17 available for the Defense Science and Technology Program, 
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1 including basic research, applied research, and advanced 

2 technology development projects. 

3 (b) BASIC RESEARCH, APPLIED RESEARCH, AND AD4 VANCED TECHNOLOGY DEVELOPMENT DEFINED.—For pur5 poses of this section, the term ‘‘basic research, applied re6 search, and advanced technology development’’ means work 

7 funded in program elements for defense research and devel8 opment under Department of Defense category 6.1, 6.2, or 

9 6.3. 

10 Subtitle B—Program Requirements, 

11 Restrictions, and Limitations 

12 SEC. 211. ANNUAL COMPTROLLER GENERAL REPORT ON 

13 FUTURE COMBAT SYSTEMS PROGRAM. 

14 (a) ANNUAL GAO REVIEW.—The Comptroller General 

15 shall conduct an annual review of the Future Combat Sys16 tems program and shall, not later than March 15 of each 

17 year, submit to Congress a report on the results of the most 

18 recent review. With each such report, the Comptroller Gen19 eral shall submit a certification as to whether the Comp20 troller General has had access to sufficient information to 

21 enable the Comptroller General to make informed judgments 

22 on the matters covered by the report. 

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

24 Future Combat Systems program under subsection (a) shall 
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1 include the following with respect to research and develop2 ment under the program: 

3 (1) The extent to which systems development and 

4 demonstration under the program is meeting estab5 lished goals, including the goals established for per6 formance, key performance parameters, technology 

7 readiness levels, cost, and schedule. 

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

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

10 Department of Defense programs directly supporting 

11 the Future Combat Systems program and an evalua12 tion of the contribution each such program makes to 

13 meeting the goals established for performance, key 

14 performance parameters, and technology readiness 

15 levels of the Future Combat Systems program. 

16 (3) The plan for such systems development and 

17 demonstration (leading to production) for the fiscal 

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

19 submitted. 

20 (4) The Comptroller General’s conclusion regard21 ing whether such systems development and demonstra22 tion (leading to production) is likely to be completed 

23 at a total cost not in excess of the amount specified 

24 (or to be specified) for such purpose in the Selected 

25 Acquisition report for the Future Combat Systems 
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1 program under section 2432 of title 10, United States 

2 Code, for the first quarter of the fiscal year during 

3 which the report of the Comptroller General is sub4 mitted. 

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

6 section after systems development and demonstration under 

7 the Future Combat Systems program is completed. 

8 SEC. 212. OBJECTIVE REQUIREMENTS FOR NON-LINE-OF9 SIGHT CANNON SYSTEM NOT TO BE DIMIN10 ISHED TO MEET WEIGHT REQUIREMENTS. 

11 In carrying out the program required by section 216 

12 of the Bob Stump National Defense Authorization Act for 

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

14 to provide the Army with a non-line-of-sight cannon capa15 bility, the Secretary of Defense shall ensure that the objec16 tive requirements set forth in Appendix C of the Oper17 ational Requirements Document for the Future Combat 

18 Systems, dated April 14, 2003, are not reduced or dimin19 ished in order to achieve the weight requirements in exist20 ence as of April 14, 2003. 

21 SEC. 213. INDEPENDENT ANALYSIS OF FUTURE COMBAT 

22 SYSTEMS MANNED GROUND VEHICLE TRANS23 PORTABILITY REQUIREMENT. 

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

25 shall ensure that an independent analysis is carried out 
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1 with respect to the transportability requirement for the 

2 manned ground vehicles under the Future Combat Systems 

3 program. The purpose of the analysis shall be to determine 

4 whether— 

5 (1) the requirement can be supported by the pro6 jected extended planning period inter-theater and 

7 intra-theater airlift force structure; 

8 (2) the requirement is justified by any likely de9 ployment scenario envisioned by current operational 

10 plans; 

11 (3) mature technologies have been demonstrated 

12 that allow the requirement to be met while dem13 onstrating at least equal lethality and survivability 

14 compared with the manned ground vehicles intended 

15 to be replaced by such manned ground vehicles; and 

16 (4) the projected unit procurement cost warrants 

17 the investment required to deploy such manned 

18 ground vehicles. 

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

20 Secretary shall submit to the congressional defense commit21 tees a report on the results of the analysis required by sub22 section (a). 
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1 SEC. 214. AMOUNTS FOR ARMORED SYSTEMS MODERNIZA2 TION PROGRAM. 

3 Of the amounts appropriated or otherwise made avail4 able pursuant to the authorization of appropriations in sec5 tion 201 for the Armored Systems Modernization pro6 gram— 

7 (1) $100,000,000 may be made available for 

8 manned ground vehicles in advanced component de9 velopment and prototypes; 

10 (2) $2,322,197,000 may be made available for fu11 ture combat systems common operating environment 

12 in systems development and demonstration; 

13 (3) $47,203,000 may be made available for re14 connaissance platforms and sensors in advanced com15 ponent development and prototypes; 

16 (4) $58,130,000 may be made available for re17 connaissance platforms and sensors in advanced tech18 nology development; 

19 (5) $2,504,000 may be made available for unat20 tended sensors in advanced component development 

21 and prototypes; and 

22 (6) $86,445,000 may be made available for 

23 robotic ground systems in advanced component devel24 opment and prototypes. 
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1 SEC. 215. LIMITATION ON SYSTEMS DEVELOPMENT AND 

2 DEMONSTRATION OF MANNED GROUND VEHI3 CLES UNDER ARMORED SYSTEMS MOD4 ERNIZATION PROGRAM. 

5 Of the amounts appropriated or otherwise made avail6 able pursuant to the authorization of appropriations in sec7 tion 201 for the Armored Systems Modernization program, 

8 no funds may be obligated for systems development and 

9 demonstration of manned ground vehicles until the objective 

10 requirements for those vehicles with respect to lethality and 

11 survivability have been met and demonstrated in a relevant 

12 environment to be at least equal to the lethality and surviv13 ability for the manned ground vehicles to be replaced by 

14 those vehicles. 

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

16 NAVAL RESEARCH LABORATORY. 

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

18 Reagan National Defense Authorization Act for Fiscal Year 

19 2005 (Public Law 108—375; 118 Stat. 1850) is amended— 

20 (1) by redesignating subsection (d) as subsection 

21 (e); 

22 (2) by inserting after subsection (c) the following 

23 new subsection: 

24 ‘‘(d) TESTING AND EVALUATION BY NAVAL RESEARCH

25 LABORATORY.—In each of fiscal years 2006 through 2008, 
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1 the Secretary of Defense shall carry out subsection (c) 

2 through the Naval Research Laboratory.’’; and 

3 (3) in subsection (e) (as so redesignated) by add4 ing at the end the following new paragraph: 

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

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

7 fiscal year, submit to the congressional defense committees 

8 a report on the testing and evaluation carried out pursuant 

9 to subsection (d).’’. 

10 (b) FUNDING.—Of the amount authorized to be appro11 priated by section 201(2), $10,000,000 shall be available in 

12 program element 63727D8Z only to carry out section 331 

13 of the Ronald W. Reagan National Defense Authorization 

14 Act for Fiscal Year 2005. 

15 SEC. 217. PROGRAM TO DESIGN AND DEVELOP NEXT-GEN16 ERATION NUCLEAR SUBMARINE. 

17 (a) PROGRAM REQUIRED.—The Secretary of the Navy 

18 shall carry out a program to design and develop a class 

19 of nuclear submarines that will serve as a successor to the 

20 Virginia class of nuclear submarines. 

21 (b) OBJECTIVE.—The objective of the program required 

22 by subsection (a) is to develop, for procurement beginning 

23 with fiscal year 2014, a nuclear submarine that meets or 

24 exceeds the warfighting capability of a submarine of the 
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1 Virginia class at a cost dramatically lower than the cost 

2 of a submarine of the Virginia class. 

3 (c) REPORT.— 

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

5 shall include, with the defense budget justification 

6 materials submitted in support of the President’s 

7 budget for fiscal year 2007 submitted to Congress 

8 under section 1105 of title 31, United States Code, a 

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

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

11 (A) an outline of the management approach 

12 to be used in carrying out the program; 

13 (B) the goals for the program; and 

14 (C) a schedule for the program. 

15 SEC. 218. EXTENSION OF REQUIREMENTS RELATING TO 

16 MANAGEMENT RESPONSIBILITY FOR NAVAL 

17 MINE COUNTERMEASURES PROGRAMS. 

18 Section 216 of the National Defense Authorization Act 

19 for Fiscal Years 1992 and 1993 (Public Law 102–190; 105 

20 Stat. 1317), as most recently amended by section 212 of 

21 the Bob Stump National Defense Authorization Act for Fis22 cal Year 2003 (Public Law 107–314; 116 Stat. 2480), is 

23 amended— 

24 (1) in subsection (a), by striking ‘‘2008’’ and in25 serting ‘‘2011’’; 
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1 (2) in subsection (b)(1) by inserting after ‘‘Sec2 retary of Defense’’ the following: ‘‘, and the Secretary 

3 of Defense has forwarded to the congressional defense 

4 committees,’’; 

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

6 semicolon at the end the following: ‘‘and, in so certi7 fying, shall ensure that the budget meets the require8 ments of section 2437 of title 10, United States Code’’; 

9 and 

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

11 following new subsection (c): 

12 ‘‘(c) NOTIFICATION OF CERTAIN PROPOSED

13 CHANGES.— 

14 ‘‘(1) IN GENERAL.—With respect to a fiscal year, 

15 the Secretary may not carry out any change to the 

16 naval mine countermeasures master plan or the budg17 et resources for mine countermeasures with respect to 

18 that fiscal year until after the Under Secretary of De19 fense for Acquisition, Technology, and Logistics sub20 mits to the congressional defense committees a notifi21 cation of the proposed change. Such notification shall 

22 describe the nature of the proposed change and the ef23 fect of the proposed change on the naval mine coun24 termeasures program or related programs with respect 

25 to that fiscal year. 
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1 ‘‘(2) EXCEPTION.—Paragraph (1) does not apply 

2 to a change if both— 

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

4 applicable reprogramming threshold; and 

5 ‘‘(B) the effect of the change does not affect 

6 the validity of the decision to certify.’’. 

7 SEC. 219. SINGLE JOINT REQUIREMENT FOR HEAVY LIFT 

8 ROTORCRAFT. 

9 (a) JOINT REQUIREMENT.—The Secretary of the Army 

10 and the Secretary of the Navy shall develop a single joint 

11 requirement for a next-generation heavy lift rotorcraft for 

12 the Army and the Marine Corps. 

13 (b) APPROVAL BY JROC REQUIRED.—The Secretary 

14 of Defense may not authorize a new program start for the 

15 next-generation heavy lift rotocraft until the single joint re16 quirement required by subsection (a) has been approved by 

17 the Joint Requirements Oversight Council. 

18 SEC. 220. REQUIREMENTS FOR DEVELOPMENT OF TAC19 TICAL RADIO COMMUNICATIONS SYSTEMS. 

20 (a) INTERIM TACTICAL RADIO COMMUNICATIONS.— 

21 The Secretary of Defense shall— 

22 (1) assess the immediate requirements of the 

23 military departments for tactical radio communica24 tions systems; and 
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1 (2) ensure that the military departments rapidly 

2 acquire tactical radio communications systems uti3 lizing existing technology or mature systems readily 

4 available in the commercial marketplace. 

5 (b) JOINT TACTICAL RADIO SYSTEM.— 

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

7 shall apply Department of Defense Instruction 5000.2 

8 to the Joint Tactical Radio System in a manner that 

9 does not permit the Milestone B entrance require10 ments to be waived. 

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

12 single joint program office designated under section 

13 213 of the National Defense Authorization Act for 

14 Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

15 1416) shall manage and control all research and de16 velopment funds for the entire Joint Tactical Radio 

17 System, including all waveform development. 

18 (c) REPORT ON IMPLEMENTATION REQUIRED.—Not 

19 later than February 14, 2006, the Secretary of Defense shall 

20 submit to the Committee on Armed Services of the Senate 

21 and the Committee on Armed Services of the House of Rep22 resentatives a report on the implementation of this section. 
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1 SEC. 221. LIMITATION ON SYSTEMS DEVELOPMENT AND 

2 DEMONSTRATION OF PERSONNEL RECOVERY 

3 VEHICLE. 

4 None of the amounts made available pursuant to the 

5 authorization of appropriations in section 201 for systems 

6 development and demonstration of the Personnel Recovery 

7 Vehicle may be obligated until 30 days after the Secretary 

8 of Defense submits to the congressional defense committees 

9 each of the following: 

10 (1) The Secretary’s certification that the require11 ments and schedule for the Personnel Recovery Vehicle 

12 have been validated by the Under Secretary of Defense 

13 for Acquisition, Technology, and Logistics. 

14 (2) The Secretary’s certification that all tech15 nologies required to meet the requirements (as vali16 dated under paragraph (1)) for the Personnel Recov17 ery Vehicle are mature and demonstrated in a rel18 evant environment. 

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

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

21 the inventory of the Department of Defense can meet 

22 the requirements (as validated under paragraph (1)) 

23 for the Personnel Recovery Vehicle. 

24 (4) A statement setting forth the independent 

25 cost estimate and manpower estimate (as required by 
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1 section 2434 of title 10, United States Code) for the 

2 Personnel Recovery Vehicle. 

3 SEC. 222. SEPARATE PROGRAM ELEMENT REQUIRED FOR 

4 EACH SIGNIFICANT RESEARCH, DEVELOP5 MENT, TEST, AND EVALUATION PROJECT. 

6 (a) PROGRAM ELEMENTS SPECIFIED.—The Secretary 

7 of Defense shall ensure that a project is assigned a separate, 

8 dedicated program element if— 

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

10 carried out using amounts for research, development, 

11 test, and evaluation activities; and 

12 (2) the estimated expenditures and proposed ap13 propriations for that project in the future-years de14 fense program are $100,000,000 or more. 

15 (b) DISPLAY IN BUDGET JUSTIFICATION MATE16 RIALS.—In the budget justification materials submitted to 

17 Congress in support of the Department of Defense budget 

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

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

20 Code), the amount requested for research, development, test, 

21 and evaluation activities shall be set forth in a manner that 

22 complies with subsection (a). 

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

24 section does not apply to the Missile Defense Agency. 
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1 SEC. 223. SMALL BUSINESS INNOVATION RESEARCH PHASE 

2 III ACCELERATION PILOT PROGRAM. 

3 (a) PILOT PROGRAM TO EXPAND ROLE OF SMALL

4 BUSINESS CONCERNS IN DEFENSE ACQUISITION.— 

5 (1) PILOT PROGRAM.—The Secretary of Defense 

6 shall designate the Secretary of a military depart7 ment to carry out a pilot program, to be known as 

8 the ‘‘Small Business Innovation Research Phase III 

9 Acceleration Pilot Program’’ to expand the role of 

10 small business concerns in the defense acquisition 

11 process by designating certain Department of Defense 

12 research or research and development projects for ac13 celerated transition under the Small Business Innova14 tion Research Program (in this section referred to as 

15 the SBIR program), as defined in section 9(e)(4) of 

16 the Small Business Act (15 U.S.C. 638(e)(4)). 

17 (2) ACCELERATED TRANSITION.—In this section, 

18 the term ‘‘accelerated transition’’ means the expedi19 tious transfer under existing authority from the sec20 ond phase of the SBIR program (as described in sec21 tion 9(e)(4)(B) of the Small Business Act (15 U.S.C. 

22 638(e)(4)(B))) to the third phase, in which applica23 tions of research or research and development projects 

24 are funded (as described in section 9(e)(4)(C)(i) of 

25 such Act). 
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1 (b) DESIGNATION OF PROJECTS FOR ACCELERATED

2 TRANSITION.—For each of fiscal years 2006 through 2008, 

3 the Secretary designated under subsection (a)(1) shall des4 ignate for accelerated transition under the pilot program 

5 under this section at least 10 research or research and devel6 opment projects for which funds have been provided by that 

7 Secretary through a second phase award under the SBIR 

8 program. 

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

10 Secretary of Defense shall submit to the congressional de11 fense committees a report which contains the following: 

12 (1) The name of each research or research and 

13 development project designated for accelerated transi14 tion under subsection (b). 

15 (2) The rationale behind the selection of each 

16 such project. 

17 (3) A recommendation as to whether the pilot 

18 program under this section should be extended. 

19 (d) DEFINITION.—In this section, the term ‘‘research’’ 

20 or ‘‘research and development’’ has the same meaning as 

21 in section 9(e)(5) of the Small Business Act (15 U.S.C. 

22 638(e)(5)). 
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1 SEC. 224. REVISED REQUIREMENTS RELATING TO SUBMIS2 SION OF JOINT WARFIGHTING SCIENCE AND 

3 TECHNOLOGY PLAN. 

4 (a) BIENNIAL SUBMITTAL.—Section 270 of the Na5 tional Defense Authorization Act for Fiscal Year 1997 (Pub6 lic Law 104–201; 10 U.S.C. 2501 note) is amended— 

7 (1) by striking ‘‘ANNUAL’’ in the section head8 ing and inserting ‘‘BIENNIAL’’ ; and 

9 (2) by striking ‘‘(a) ANNUAL PLAN REQUIRED.— 

10 On March 1 of each year’’ and inserting ‘‘Not later 

11 than March 1 of each even-numbered year,’’. 

12 (b) REPEAL OF REQUIREMENT FOR INCLUSION OF

13 TECHNOLOGY AREA REVIEW AND ASSESSMENT SUM14 MARIES.—Subsection (b) of such section is repealed. 

15 SEC. 225. SHIPBUILDING INDUSTRIAL BASE IMPROVEMENT 

16 PROGRAM FOR DEVELOPMENT OF INNOVA17 TIVE SHIPBUILDING TECHNOLOGIES, PROC18 ESSES, AND FACILITIES. 

19 (a) PROGRAM FOR UNITED STATES PRIVATE SHIP20 YARDS.—The Secretary of the Navy shall establish a pro21 gram under which the Secretary shall provide funds, in 

22 such amounts as are made available to carry out this pro23 gram— 

24 (1) to qualified applicants to facilitate the devel25 opment of innovative design and production tech26 nologies and processes for naval vessels and the devel-
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1 opment of modernized shipbuilding infrastructure; 

2 and 

3 (2) to private shipyards to facilitate their acqui4 sition of such technologies, processes, and infrastruc5 ture. 

6 (b) PURPOSES OF PROGRAM.—The purposes of the pro7 gram referred to in subsection (a) are— 

8 (1) to improve the efficiency and cost-effectiveness of 

9 the construction of naval vessels for the United States; 

10 (2) to enhance the quality of naval vessel construction; 

11 and 

12 (3) to promote the international competitiveness of 

13 United States shipyards for the construction of commercial 

14 ships and naval ships intended for sale to foreign govern15 ments. 

16 (c) APPLICATION FOR DEVELOPMENT FUNDING.—An 

17 entity requesting assistance under the program referred to 

18 in subsection (a) to develop new design or production tech19 nologies or processes for naval vessels or to improve ship20 building infrastructure shall submit to the Secretary of the 

21 Navy an application that describes the proposal of the enti22 ty and provides evidence of its capability to develop one 

23 or more of the following: 

24 (1) Numerically controlled machine tools, robots, 

25 automated process control equipment, computerized 
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1 flexible manufacturing systems, associated computer 

2 software, and other technology designed to improve 

3 shipbuilding and related industrial productivity. 

4 (2) Novel techniques and processes designed to 

5 improve shipbuilding quality, productivity, and prac6 tice on a broad and sustained basis, including in such 

7 areas as engineering design, quality assurance, con8 current engineering, continuous process production 

9 technology, employee skills enhancement, and manage10 ment of customers and suppliers. 

11 (3) Technology, techniques, and processes appro12 priate to enhancing the productivity of shipyard in13 frastructure. 

14 (d) SELECTION OF PARTICIPATING ENTITIES.—Using 

15 the applications submitted under subsection (c), the Sec16 retary of the Navy shall select entities to receive funds under 

17 subsection (a)(1) based on their ability to research and de18 velop innovative technologies, processes, and infrastructure 

19 to alleviate areas of shipyard construction inefficiencies dis20 covered under the assessment described in subsection (f). 

21 (e) SHIPYARD USE OF DEVELOPED TECHNOLOGIES, 

22 PROCESSES, AND INFRASTRUCTURE.—Upon making a de23 termination that a technology, process, or infrastructure 

24 improvement developed using funds provided under sub25 section (a)(1) will improve the productivity and cost-effec-
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1 tiveness of naval vessel construction, the Secretary of the 

2 Navy may provide funds under subsection (a)(2) to a ship3 yard to facilitate the purchase of such technology, process, 

4 or infrastructure improvement. 

5 (f) ASSESSMENTS OF NAVAL VESSEL CONSTRUCTION

6 INEFFICIENCIES.— 

7 (1) PERIODIC ASSESSMENTS REQUIRED.—The 

8 Secretary of the Navy shall conduct, in the third 

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

10 an assessment of the following aspects of naval vessel 

11 construction to determine where and to what extent 

12 inefficiencies exist and to what extent innovative de13 sign and production technologies, processes, and in14 frastructure can be developed to alleviate such ineffi15 ciencies: 

16 (A) Program design, engineering, and pro17 duction engineering. 

18 (B) Organization and operating systems. 

19 (C) Steelwork production. 

20 (D) Ship construction and outfitting. 

21 (2) RELATION TO INDEPENDENT NAVY SHIP CON22 STRUCTION ASSESSMENT.—The assessments required 

23 by paragraph (1) shall occur subsequent to, and take 

24 into consideration the results of, the study of the cost 

25 effectiveness of the ship construction program of the 
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1 Navy required by section 1014 of the Ronald W. 

2 Reagan National Defense Authorization Act for Fiscal 

3 Year 2005 (Public Law 108–375; 118 Stat. 2041). 

4 (g) AVAILABILITY OF FUNDS.—Of the amount author5 ized to be appropriated pursuant to section 201(2) for re6 search, development, test, and evaluation for the Navy, 

7 $100,000,000 shall be available to the Secretary of the Navy 

8 only to provide assistance under this section. 

9 (h) DEFINITIONS.—In this section: 

10 (1) The term ‘‘shipyard’’ means a private ship11 yard located in the United States whose business in12 cludes the construction, repair, and maintenance of 

13 United States naval vessels. 

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

15 such term in title 1, United States Code. 

16 SEC. 226. RENEWAL OF UNIVERSITY NATIONAL OCEANO17 GRAPHIC LABORATORY SYSTEM FLEET. 

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

19 develop a plan for a program to renew the University Na20 tional Oceanographic Laboratory System (UNOLS) fleet. 

21 The Secretary shall include in the plan provisions for the 

22 construction of up to four Ocean-class ships. 

23 (b) FUNDING FOR PRELIMINARY DESIGN AND FEASI24 BILITY STUDIES.—Of the amount provided in section 201 

25 for fiscal year 2006 for the Navy, $4,000,000 is available, 
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1 through Program Element PE 63564N (Ship Preliminary 

2 Design and Feasibility Studies), to conduct feasibility as3 sessments and initiate design of the first Ocean-class ship 

4 that would be constructed under the program referred to in 

5 subsection (a). 

6 SEC. 227. LIMITATION ON VXX HELICOPTER PROGRAM. 

7 No funds available to the Department of Defense for 

8 research, development, test, and evaluation, or for procure9 ment, may be obligated for acquisition of pilot production 

10 helicopters for the VXX helicopter program until the Sec11 retary of the Navy certifies to the congressional defense com12 mittees that the results of tests conducted by the fleet of test 

13 article helicopters for the VXX program demonstrate that 

14 VXX helicopters in the VXX mission configuration can be 

15 produced without significant further design modification. 

16 Subtitle C—Missile Defense 

17 Programs 

18 SEC. 231. REPORT ON CAPABILITIES AND COSTS FOR OPER19 ATIONAL BOOST/ASCENT-PHASE MISSILE DE20 FENSE SYSTEMS. 

21 (a) SECRETARY OF DEFENSE ASSESSMENT.—The Sec22 retary of Defense shall conduct an assessment of the United 

23 States missile defense programs that are designed to provide 

24 capability against threat ballistic missiles in the boost/as25 cent phase of flight. 
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1 (b) PURPOSE.—The purpose of the assessment shall be 

2 to compare and contrast— 

3 (1) capabilities of those programs (if oper4 ational) to defeat, while in the boost/ascent phase of 

5 flight, ballistic missiles launched from North Korea or 

6 a location in the Middle East against the continental 

7 United States, Alaska, or Hawaii; and 

8 (2) asset requirements and costs for those pro9 grams to become operational with the capabilities re10 ferred to in paragraph (1). 

11 (c) REPORT.—Not later than October 1, 2006, the Sec12 retary shall submit to Congress a report providing the re13 sults of the assessment. 

14 SEC. 232. REQUIRED FLIGHT-INTERCEPT TEST OF BAL15 LISTIC MISSILE DEFENSE GROUNDBASED 

16 MIDCOURSE SYSTEM. 

17 Of the amount provided for the Missile Defense Agency 

18 in section 201(4) for defense-wide research, development, 

19 test, and evaluation, the amount of $100,000,000, in addi20 tion to amounts otherwise available for the Ballistic Missile 

21 Defense Midcourse Defense Segment, shall be provided to 

22 conduct one flight-intercept test of the Ballistic Missile De23 fense Groundbased Midcourse system in addition to the 

24 flight tests planned for that system as of the submission of 

25 the President’s budget for fiscal year 2006. The interceptor 
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1 for such additional flight-intercept test shall be launched 

2 from an operational silo, and the test shall be conducted 

3 as soon as practicable. 

4 TITLE III—OPERATION AND 

5 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. 

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. 

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. 
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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 fis5 cal year 2006 for the use of the Armed Forces and other 

6 activities and agencies of the Department of Defense for ex7 penses, not otherwise provided for, for operation and main8 tenance, in amounts as follows: 

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

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

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

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

13 (5) For Defense-wide activities, $18,375,781,000. 

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

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

16 (8) For the Marine Corps Reserve, $207,434,000. 

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

18 (10) For the Army National Guard, 

19 $4,521,119,000. 
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1 (11) For the Air National Guard, 

2 $4,727,091,000. 

3 (12) For the United States Court of Appeals for 

4 the Armed Forces, $11,236,000. 

5 (13) For Environmental Restoration, Army, 

6 $407,865,000. 

7 (14) For Environmental Restoration, Navy, 

8 $305,275,000. 

9 (15) For Environmental Restoration, Air Force, 

10 $406,461,000. 

11 (16) For Environmental Restoration, Defense12 wide, $28,167,000. 

13 (17) For Environmental Restoration, Formerly 

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

15 (18) For Overseas Humanitarian, Disaster, and 

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

17 (19) For Cooperative Threat Reduction pro18 grams, $415,549,000. 

19 (20) For the Overseas Contingency Operations 

20 Transfer Fund, $20,000,000. 

21 SEC. 302. WORKING CAPITAL FUNDS. 

22 Funds are hereby authorized to be appropriated for fis23 cal year 2006 for the use of the Armed Forces and other 

24 activities and agencies of the Department of Defense for 
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1 providing capital for working capital and revolving funds 

2 in amounts as follows: 

3 (1) For the Defense Working Capital Funds, 

4 $316,340,000. 

5 (2) For the National Defense Sealift Fund, 

6 $1,697,023,000. 

7 (3) For the Defense Working Capital Fund, De8 fense Commissary, $1,155,000,000. 

9 SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

10 (a) DEFENSE HEALTH PROGRAM.—Funds are hereby 

11 authorized to be appropriated for the Department of Defense 

12 for fiscal year 2006 for expenses, not otherwise provided for, 

13 for the Defense Health Program, in the amount of 

14 $19,756,194,000, of which— 

15 (1) $19,204,219,000 is for Operation and Main16 tenance; 

17 (2) $176,656,000 is for Research, Development, 

18 Test, and Evaluation; and 

19 (3) $375,319,000 is for Procurement. 

20 (b) CHEMICAL AGENTS AND MUNITIONS DESTRUC21 TION, DEFENSE.— 

22 (1) AUTHORIZATION OF APPROPRIATIONS.— 

23 Funds are hereby authorized to be appropriated for 

24 the Department of Defense for fiscal year 2006 for ex25 penses, not otherwise provided for, for Chemical 
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1 Agents and Munitions Destruction, Defense, in the 

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

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

4 Maintenance; 

5 (B) $116,527,000 is for Research, Develop6 ment, Test, and Evaluation; and 

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

8 (2) USE.—Amounts authorized to be appro9 priated under paragraph (1) are authorized for— 

10 (A) the destruction of lethal chemical agents 

11 and munitions in accordance with section 1412 

12 of the Department of Defense Authorization Act, 

13 1986 (50 U.S.C. 1521); and 

14 (B) the destruction of chemical warfare ma15 teriel of the United States that is not covered by 

16 section 1412 of such Act. 

17 (c) DRUG INTERDICTION AND COUNTER-DRUG ACTIVI18 TIES, DEFENSE-WIDE.—Funds are hereby authorized to be 

19 appropriated for the Department of Defense for fiscal year 

20 2006 for expenses, not otherwise provided for, for Drug 

21 Interdiction and Counter-Drug Activities, Defense-wide, in 

22 the amount of $895,741,000. 

23 (d) DEFENSE INSPECTOR GENERAL.—Funds are here24 by authorized to be appropriated for the Department of De25 fense for fiscal year 2006 for expenses, not otherwise pro-
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1 vided for, for the Office of the Inspector General of the De2 partment of Defense, in the amount of $174,487,000, of 

3 which— 

4 (1) $173,487,000 is for Operation and Mainte5 nance; and 

6 (2) $1,000,000 is for Procurement; and 

7 Subtitle B—Environmental 

8 Provisions 

9 SEC. 311. REVISION OF REQUIRED CONTENT OF ENVIRON10 MENTAL QUALITY ANNUAL REPORT. 

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

12 amended— 

13 (1) by striking subparagraphs (D), (E), and (F); 

14 and 

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

17 ‘‘(D) A statement of the amounts expended, and 

18 anticipated to be expended, during the period covered 

19 by the report for any activities overseas related to the 

20 environment, including amounts for activities relat21 ing to environmental remediation, compliance, con22 servation, and pollution prevention.’’. 
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1 SEC. 312. PILOT PROJECT ON COMPATIBLE USE BUFFERS 

2 ON REAL PROPERTY BORDERING FORT CAR3 SON, COLORADO. 

4 (a) PILOT PROJECT REQUIRED.—The Secretary of De5 fense shall carry out a pilot project at Fort Carson, Colo6 rado, for purposes of evaluating the feasibility and effective7 ness of utilizing conservation easements and leases granted 

8 by one or more willing eligible entity to limit development 

9 on real property in the vicinity of military installations 

10 in the United States. 

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

12 project in four phases, as specified in the Fort Carson Army 

13 Compatible Use Buffer Project. 

14 (c) LEASE AND EASEMENT AGREEMENTS; PURPOSE.— 

15 Under the pilot project, the Secretary shall enter into agree16 ments with one or more willing eligible entities to purchase 

17 from the entity or entities one or more conservation ease18 ments, or to lease from the entity or entities one or more 

19 conservation leases, on real property in the vicinity of Fort 

20 Carson for the purposes of limiting any development or use 

21 of the property that would be incompatible with the current 

22 and anticipated future missions of Fort Carson. 

23 (d) ENCROACHMENTS AND OTHER CONSTRAINTS ON

24 USE.—In entering into agreements under the pilot project, 

25 the Secretary may utilize, subject to this section, the author26 ity for agreements under subsection (c) to limit encroach-
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1 ments and other constraints on military training, testing, 

2 and operations under section 2684a of title 10, United 

3 States Code. 

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

5 enter into agreements under the pilot project shall expire 

6 on the earlier of— 

7 (1) the date of the completion of phase IV of the 

8 Fort Carson Army Compatible Use Buffer Project; or 

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

10 the enactment of this Act. 

11 (f) DEFINITIONS.—In this section: 

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

13 following: 

14 (A) The State of Colorado or a political 

15 subdivision of the State. 

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

17 principal organizational purpose or goal the 

18 conservation, restoration, or preservation of land 

19 and natural resources, or a similar purpose or 

20 goal, as determined by the Secretary. 

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

22 Use Buffer Project’’ means the plan developed for Fort 

23 Carson to use conservation easements and leases on 

24 property in the vicinity of Fort Carson to create a 

25 land buffer to accommodate current and future mis-
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1 sions at Fort Carson, while also conserving sensitive 

2 natural resources. 

3 SEC. 313. REPEAL OF AIR FORCE REPORT ON MILITARY IN4 STALLATION ENCROACHMENT ISSUES. 

5 Section 315 of the Ronald W. Reagan National Defense 

6 Authorization Act for Fiscal Year 2005 (Public Law 108– 

7 375; 118 Stat. 1843) is repealed. 

8 SEC. 314. PAYMENT OF CERTAIN PRIVATE CLEANUP COSTS 

9 IN CONNECTION WITH DEFENSE ENVIRON10 MENTAL RESTORATION PROGRAM. 

11 (a) ACTIVITIES AT FORMER DEFENSE PROPERTY SUB12 JECT TO COVENANT FOR ADDITIONAL REMEDIAL ACTION.— 

13 Section 2701(d) of title 10, United States Code, is amend14 ed— 

15 (1) in paragraph (1)— 

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

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

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

19 tribe,’’; 

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

21 following new sentence: ‘‘An agreement under such 

22 paragraph with respect to a site also may not change 

23 the cleanup standards selected for the site pursuant to 

24 law.’’; 
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1 (3) in paragraph (4), by adding at the end the 

2 following new subparagraph: 

3 ‘‘(C) The term ‘owner of covenant property’ 

4 means an owner of property subject to a cov5 enant provided by the United States in accord6 ance with the requirements of paragraphs (3) 

7 and (4) of section 120(h) of CERCLA (42 U.S.C. 

8 9620(h)), so long as the covenant property is the 

9 site at which the services procured under para10 graph (1) are to be performed.’’; and 

11 (4) by adding at the end the following new para12 graph: 

13 ‘‘(5) SAVINGS CLAUSE.—Nothing in this sub14 section affects the applicability of section 120 of 

15 CERCLA (42 U.S.C. 6920) to the Department of De16 fense or the obligations and responsibilities of the De17 partment of Defense under subsection (h) of such sec18 tion.’’. 

19 (b) SOURCE OF FUNDS FOR FORMER BRAC PROPERTY

20 SUBJECT TO COVENANT FOR ADDITIONAL REMEDIAL AC21 TION.—Section 2703 of such title is amended— 

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

23 source’’ and inserting ‘‘Except as provided in sub24 section (h), the sole source’’; and 
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1 (2) by adding at the end the following new sub2 section: 

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

4 REMEDIATION AT CERTAIN BASE REALIGNMENT AND CLO5 SURE SITES.—In the case of property disposed of pursuant 

6 to a base closure law and subject to a covenant that was 

7 required to be provided by paragraphs (3) and (4) of section 

8 120(h) of CERCLA (42 U.S.C. 9620(h)), the sole source of 

9 funds for services procured under subsection 2701(d)(1) of 

10 this title shall be the applicable Department of Defense base 

11 closure account.’’. 

12 Subtitle C—Workplace and Depot 

13 Issues 

14 SEC. 321. PROCEEDS FROM COOPERATIVE ACTIVITIES WITH 

15 NON-ARMY ENTITIES. 

16 Section 4544 of title 10, United States Code, is amend17 ed— 

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

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

20 (2) by inserting after subsection (g) the following 

21 new subsection: 

22 ‘‘(h) PROCEEDS CREDITED TO WORKING CAPITAL

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

24 service pursuant to a contract or other cooperative arrange25 ment under this section shall be credited to the working cap-
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1 ital fund that incurs the cost of manufacturing the article 

2 or performing the service.’’. 

3 SEC. 322. PUBLIC-PRIVATE COMPETITION. 

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

5 amended by adding at the end the following new paragraph: 

6 ‘‘(5)(A) A function of the Department of Defense 

7 performed by 10 or more civilian employees may not 

8 be converted, in whole or in part, to performance by 

9 a contractor unless the conversion is based on the re10 sults of a public-private competition process that— 

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

12 employee performance of the function with the 

13 costs of performance by a contractor; 

14 ‘‘(ii) creates an agency tender, including a 

15 most efficient organization plan, in accordance 

16 with Office of Management and Budget Circular 

17 A–76, as implemented on May 29, 2003; 

18 ‘‘(iii) determines whether the submitted of19 fers meet the needs of the Department of Defense 

20 with respect to factors other than cost, including 

21 quality and reliability; and 

22 ‘‘(iv) requires continued performance of the 

23 function by civilian employees if the difference 

24 in the cost of performance of the function by a 

25 contractor compared to the civilian employees 
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1 would, over all performance periods required by 

2 the solicitation, be less than— 

3 ‘‘(I) 10 percent of the personnel-related 

4 costs for performance of that activity or 

5 function in the agency tender; or 

6 ‘‘(II) $10,000,000. 

7 ‘‘(B) An activity that is performed by the De8 partment of Defense and is reengineered, reorganized, 

9 modernized, upgraded, expanded, or changed to be10 come more efficient, but still essentially provides the 

11 same service, shall not be considered a new require12 ment. 

13 ‘‘(C) In no case may a commercial or industrial 

14 type function being performed by Department of De15 fense personnel be modified, reorganized, divided, or 

16 in any way changed for the purpose of exempting 

17 from the requirements of subsection (a) the change of 

18 all or any part of such function to performance by a 

19 private contractor. 

20 ‘‘(D) The Secretary of Defense may waive the 

21 competition requirement in specific instances if— 

22 ‘‘(i) the written waiver is prepared by the 

23 Secretary of Defense, or the relevant Assistant 

24 Secretary or agency head; and 
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1 ‘‘(ii) the written waiver is accompanied by 

2 a detailed determination that national security 

3 interests are so compelling as to preclude compli4 ance with the requirement for a public-private 

5 competition.’’. 

6 SEC. 323. PUBLIC-PRIVATE COMPETITION PILOT PROGRAM. 

7 (a) ESTABLISHMENT.—The Secretary of Defense shall 

8 establish a pilot program to examine the use of the public9 private competition process of Office of Management and 

10 Budget Circular A–76, as defined by such Circular, and 

11 functions currently being performed by contractors that 

12 could be performed by civilian employees of the Department 

13 of Defense. 

14 (b) PROCESS AND CRITERIA.— 

15 (1) The process and criteria for competition 

16 under the pilot program established in subsection (a) 

17 shall be consistent with the criteria for conducting a 

18 similar competition for work performed by the public 

19 sector. 

20 (2) The pilot program shall include not less than 

21 four competitions. 

22 (c) REPORT.—The Secretary of Defense shall submit 

23 a report to Congress on the results of the competitions con24 ducted under the pilot program and any potential benefit 

25 or detriment of expanding the pilot program. 
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1 (d) TERMINATION.—The pilot program established 

2 under this subsection shall terminate on the date that is 

3 three years after the date of the enactment of this Act. 

4 SEC. 324. SENSE OF CONGRESS ON EQUITABLE LEGAL 

5 STANDING FOR CIVILIAN EMPLOYEES. 

6 It is the sense of Congress that, in order to ensure that 

7 when public-private competitions are held, they are con8 ducted as fairly, effectively, and efficiently as possible, com9 peting parties, both Department of Defense civilian employ10 ees (or their representatives) and contractors (or their rep11 resentatives), should receive comparable treatment through12 out the competition regarding access to relevant informa13 tion and legal standing to challenge the way a competition 

14 has been conducted at all appropriate forums. 

15 Subtitle D—Extension of Program 

16 Authorities 

17 SEC. 331. EXTENSION OF AUTHORITY TO PROVIDE LOGIS18 TICS SUPPORT AND SERVICES FOR WEAPONS 

19 SYSTEMS CONTRACTORS. 

20 Section 365(g)(1) of the Bob Stump National Defense 

21 Authorization Act for Fiscal Year 2003 (Public Law 107– 

22 314; 116 Stat. 2521; 10 U.S.C. 2302 note) is amended by 

23 striking ‘‘2007’’ and inserting ‘‘2010’’. 
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1 SEC. 332. EXTENSION AND REVISION OF TEMPORARY AU2 THORITY FOR CONTRACTOR PERFORMANCE 

3 OF SECURITY GUARD FUNCTIONS. 

4 Section 332(c) of the Bob Stump National Defense Au5 thorization Act for Fiscal Year 2003 (Public Law 107–314; 

6 116 Stat. 2513) is amended— 

7 (1) by striking ‘‘2006’’ each place it appears and 

8 inserting ‘‘2008’’; and 

9 (2) by adding at the end the following new para10 graphs: 

11 ‘‘(3) No contract, subcontract, or task order for the per12 formance of security-guard functions at a military installa13 tion or facility in the United States awarded before Sep14 tember 30, 2006, shall be extended beyond September 30, 

15 2006. 

16 ‘‘(4) A contract for the performance of security-guard 

17 functions at a military installation or facility in the 

18 United States awarded on or after September 30, 2006, 

19 shall be awarded using full and open competition, as au20 thorized under section 2304 of title 10, United States Code. 

21 Section 602 of the Business Opportunity Development Re22 form Act of 1988 (Public Law 100–656; 15 U.S.C. 637 note) 

23 shall not apply to such a contract.’’. 
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1 Subtitle E—Utah Test and Training 

2 Range 

3 SEC. 341. DEFINITIONS. 

4 In this subtitle: 

5 (1) The term ‘‘covered wilderness’’ means the 

6 wilderness area designated by this subtitle and wil7 derness study areas located near lands withdrawn for 

8 military use and beneath special use airspace critical 

9 to the support of military test and training missions 

10 at the Utah Test and Training Range, including the 

11 Deep Creek, Fish Springs, Swasey Mountain, Howell 

12 Peak, Notch Peak, King Top, Wah Wah Mountain, 

13 and Conger Mountain units designated by the De14 partment of the Interior. 

15 (2) The term ‘‘Tribe’’ means the Skull Valley 

16 Band of Goshute Indians. 

17 (3) The term ‘‘Utah Test and Training Range’’ 

18 means those portions of the military operating area 

19 of the Utah Test and Training Area located solely in 

20 the State of Utah. The term includes the Dugway 

21 Proving Ground. 

22 (4) The term ‘‘Wilderness Act’’ means Public 

23 Law 88–577, approved September 3, 1964 (16 U.S.C. 

24 1131 et seq.). 
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1 SEC. 342. MILITARY OPERATIONS AND OVERFLIGHTS, UTAH 

2 TEST AND TRAINING RANGE. 

3 (a) FINDINGS.—The Congress finds the following: 

4 (1) The testing and development of military 

5 weapons systems and the training of military forces 

6 are critical to ensuring the national security of the 

7 United States. 

8 (2) The Utah Test and Training Range in the 

9 State of Utah is a unique and irreplaceable national 

10 asset at the core of the test and training mission of 

11 the Department of Defense. 

12 (3) The Cedar Mountain Wilderness Area des13 ignated by section 344, as well as several wilderness 

14 study areas, are located near lands withdrawn for 

15 military use or are beneath special use airspace crit16 ical to the support of military test and training mis17 sions at the Utah Test and Training Range. 

18 (4) The Utah Test and Training Range and spe19 cial use airspace withdrawn for military uses create 

20 unique management circumstances for the covered 

21 wilderness in this subtitle, and it is not the intent of 

22 Congress that passage of this subtitle shall be con23 strued as establishing a precedent with respect to any 

24 future national conservation area or wilderness des25 ignation. 
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1 (5) Continued access to the special use airspace 

2 and lands that comprise the Utah Test and Training 

3 Range, under the terms and conditions described in 

4 this section, is a national security priority and is not 

5 incompatible with the protection and proper manage6 ment of the natural, environmental, cultural, and 

7 other resources of such lands. 

8 (b) OVERFLIGHTS.—Nothing in this subtitle or the 

9 Wilderness Act shall preclude low-level overflights and oper10 ations of military aircraft, helicopters, missiles, or un11 manned aerial vehicles over the covered wilderness, includ12 ing military overflights and operations that can be seen or 

13 heard within the covered wilderness. 

14 (c) SPECIAL USE AIRSPACE AND TRAINING ROUTES.— 

15 Nothing in this subtitle or the Wilderness Act shall preclude 

16 the designation of new units of special use airspace, the ex17 pansion of existing units of special use airspace, or the use 

18 or establishment of military training routes over the covered 

19 wilderness. 

20 (d) COMMUNICATIONS AND TRACKING SYSTEMS.— 

21 Nothing in this subtitle shall prevent any required mainte22 nance of existing communications, instrumentation, or elec23 tronic tracking systems (or infrastructure supporting such 

24 systems) or prevent the installation of new communication, 

25 instrumentation, or other equipment necessary for effective 
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1 testing and training to meet military requirements in wil2 derness study areas located beneath special use airspace 

3 comprising the Utah Test and Training Range, including 

4 the Deep Creek, Fish Springs, Swasey Mountain, Howell 

5 Peak, Notch Peak, King Top, Wah Wah Mountain, and 

6 Conger Mountain units designated by the Department of 

7 Interior, so long as the Secretary of the Interior, after con8 sultation with the Secretary of the Air Force, determines 

9 that the installation and maintenance of such systems, 

10 when considered both individually and collectively, comply 

11 with section 603 of the Federal Land Policy and Manage12 ment Act of 1976 (43 U.S.C. 1782). 

13 (e) EMERGENCY ACCESS AND RESPONSE.—Nothing in 

14 this subtitle or the Wilderness Act shall preclude the con15 tinuation of the memorandum of understanding in existence 

16 as of the date of enactment of this Act between the Depart17 ment of the Interior and the Department of the Air Force 

18 with respect to emergency access and response. 

19 (f) PROHIBITION ON GROUND MILITARY OPER20 ATIONS.—Except as provided in subsections (d) and (e), 

21 nothing in this section shall be construed to permit a mili22 tary operation to be conducted on the ground in covered 

23 wilderness in the Utah Test and Training Range unless 

24 such ground operation is otherwise permissible under Fed25 eral law and consistent with the Wilderness Act. 
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1 SEC. 343. PLANNING PROCESS FOR FEDERAL LANDS IN 

2 UTAH TEST AND TRAINING RANGE. 

3 (a) ANALYSIS OF MILITARY READINESS AND OPER4 ATIONAL IMPACTS.—The Secretary of the Interior shall de5 velop, maintain, and revise land use plans pursuant to sec6 tion 202 of the Federal Land Policy and Management Act 

7 of 1976 (43 U.S. C. 1712) for Federal lands located in the 

8 Utah Test and Training Range in consultation with the 

9 Secretary of Defense. As part of the required consultation 

10 in connection with a proposed revision of a land use plan, 

11 the Secretary of Defense shall prepare and transmit to the 

12 Secretary of the Interior an analysis of the military readi13 ness and operational impacts of the proposed revision with14 in six months of a request from the Secretary of Interior. 

15 (b) LIMITATION ON RIGHTS-OF-WAYS.—The Secretary 

16 of the Interior shall not grant or issue any authorizations 

17 for rights-of-way under section 501(a)(6) of the Federal 

18 Land Policy and Management Act of 1976 (43 U.S.C. 

19 1761(a)(6)) upon Federal lands identified as inventory 

20 units UTU–020–086, UTU–020–088, UTU–020–095, 

21 UTU–020–096, UTU–020–100, UTU–020–101, UTU–020– 

22 103, UTU–020–104, UTU–020–105, and UTU–020–110, as 

23 generally depicted on the map entitled ‘‘Wilderness Inven24 tory, State of Utah’’ and dated August 1979, until the later 

25 of the following: 
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1 (1) The completion of a full revision of the Pony 

2 Express Area Resource Management Plan, dated Jan3 uary 12, 1990, by the Salt Lake Field Office of the 

4 Bureau of Land Management. 

5 (2) January 1, 2015. 

6 SEC. 344. DESIGNATION AND MANAGEMENT OF CEDAR 

7 MOUNTAIN WILDERNESS, UTAH. 

8 (a) DESIGNATION.—Certain Federal lands in Tooele 

9 County, Utah, as generally depicted on the map entitled 

10 ‘‘Cedar Mountain Wilderness’’ and dated March 7, 2004, 

11 are hereby designated as wilderness and, therefore, as a 

12 component of the National Wilderness Preservation System 

13 to be known as the Cedar Mountain Wilderness Area. 

14 (b) WITHDRAWAL.—Subject to valid existing rights, 

15 the Federal lands in the Cedar Mountain Wilderness Area 

16 are hereby withdrawn from all forms of entry, appropria17 tion, or disposal under the public land laws, from location, 

18 entry, and patent under the United States mining laws, 

19 and from disposition under all laws pertaining to mineral 

20 and geothermal leasing, and mineral materials, and all 

21 amendments to such laws. 

22 (c) MAP AND DESCRIPTION.— 

23 (1) TRANSMITTAL.—As soon as practicable after 

24 the date of the enactment of this Act, the Secretary of 

25 the Interior shall transmit a map and legal descrip-
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1 tion of the Cedar Mountain Wilderness Area to the 

2 Committee on Resources of the House of Representa3 tives and the Committee on Energy and Natural Re4 sources of the Senate. 

5 (2) LEGAL EFFECT.—The map and legal descrip6 tion shall have the same force and effect as if included 

7 in this Act, except that the Secretary of the Interior 

8 may correct clerical and typographical errors in the 

9 map and legal description. 

10 (3) AVAILABILITY.—The map and legal descrip11 tion shall be on file and available for public inspec12 tion in the office of the Director of the Bureau of 

13 Land Management and the office of the State Director 

14 of the Bureau of Land Management in the State of 

15 Utah. 

16 (d) ADMINISTRATION.—Subject to valid existing rights 

17 and this subtitle, the Cedar Mountain Wilderness Area shall 

18 be administered by the Secretary of the Interior in accord19 ance with the provisions of the Wilderness Act, except that 

20 any reference in such provisions to the effective date of the 

21 Wilderness Act (or any similar reference) shall be deemed 

22 to be a reference to the date of the enactment of this Act. 

23 (e) LAND ACQUISITION.—Any lands or interest in 

24 lands within the boundaries of the Cedar Mountain Wilder25 ness Area acquired by the United States after the date of 
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1 the enactment of this Act shall be added to and adminis2 tered as part of the Cedar Mountain Wilderness Area. 

3 (f) FISH AND WILDLIFE MANAGEMENT.—As provided 

4 in section 4(d)(7) of the Wilderness Act (16 U.S.C. 

5 1133(d)(7)), nothing in this subtitle shall be construed as 

6 affecting the jurisdiction of the State of Utah with respect 

7 to fish and wildlife on the Federal lands located in that 

8 State. 

9 (g) GRAZING.—Within the Cedar Mountain Wilderness 

10 Area, the grazing of livestock, where established before the 

11 date of the enactment of this Act, shall be permitted to con12 tinue subject to such reasonable regulations, policies, and 

13 practices as the Secretary of the Interior considers nec14 essary, as long as such regulations, policies, and practices 

15 fully conform with and implement the intent of Congress 

16 regarding grazing in such areas, as such intent is expressed 

17 in the Wilderness Act, section 101(f) of Public Law 101– 

18 628 (104 Stat. 4473), and appendix A of the Report of the 

19 Committee on Interior and Insular Affairs to accompany 

20 H.R. 2570 of the 101st Congress (H. Rept. 101–405). 

21 (h) BUFFER ZONES.—Congress does not intend for the 

22 designation of the Cedar Mountain Wilderness Area to lead 

23 to the creation of protective perimeters or buffer zones 

24 around the wilderness area. The fact that nonwilderness ac25 tivities or uses can be seen or heard within the wilderness 
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1 area shall not, of itself, preclude such activities or uses up 

2 to the boundary of the wilderness area. 

3 (i) RELEASE FROM WILDERNESS STUDY AREA STA4 TUS.—The lands identified as the Browns Spring 

5 Cherrystem on the map entitled ‘‘Proposed Browns Spring 

6 Cherrystem’’ and dated May 11, 2004, are released from 

7 their status as a wilderness study area, and shall no longer 

8 be subject to the requirements of section 603(c) of the Fed9 eral Land Policy and Management Act of 1976 (43 U.S.C. 

10 1782(c)) pertaining to the management of wilderness study 

11 areas in a manner that does not impair the suitability of 

12 those areas for preservation of wilderness. 

13 SEC. 345. IDENTIFICATION OF ADDITIONAL BUREAU OF 

14 LAND MANAGEMENT LAND IN UTAH AS TRUST 

15 LAND FOR SKULL VALLEY BAND OF 

16 GOSHUTES. 

17 (a) IDENTIFICATION OF TRUST LAND.—The Secretary 

18 of the Interior shall identify approximately 640 additional 

19 acres of Bureau of Land Management land in the State of 

20 Utah to be administered in trust for the benefit of the Skull 

21 Valley Band of Goshutes. 

22 (b) SPECIAL CONSIDERATIONS.—In identifying the 

23 land under subsection (a), the Secretary of the Interior 

24 shall— 
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1 (1) consult with leaders of the Tribe and the 

2 Governor of Utah; and 

3 (2) ensure that the land has ready access to 

4 State or Federal highways and, in the judgment of 

5 the Secretary, provides the best opportunities for com6 mercial economic development in closest proximity to 

7 other lands of the Tribe. 

8 (c) PLACEMENT IN TRUST.—Not later than December 

9 31, 2005, the Secretary of the Interior shall place the land 

10 identified pursuant to subsection (a) into trust for the pur11 poses of economic development for the Tribe. At least 30 

12 days before placing the land in trust for the Tribe, the Sec13 retary shall publish in the Federal Register legal descrip14 tions of the land to be placed in trust. 

15 (d) MANAGEMENT OF TRUST LAND.—The land placed 

16 into trust for the Tribe under subsection (c) shall be admin17 istered in accordance with laws generally applicable to 

18 property held in trust by the United States for Indian 

19 Tribes, except that the land shall immediately revert to the 

20 administrative control of the Bureau of Land Management 

21 if the Tribe sells, or attempts to sell, any part of the land. 

22 (e) EFFECT.—Nothing in this section— 

23 (1) affects any valid right-of-way, lease, permit, 

24 mining claim, grazing permit, water right, or other 

25 right or interest of any person or entity (other than 
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1 the United States) in or to the trust land that exists 

2 before the date on which the land is placed in trust 

3 for the Tribe under subsection (c); 

4 (2) enlarges, impairs, or otherwise affects a right 

5 or claim of the Tribe to any land or interest in land 

6 based on Aboriginal or Indian title that exists before 

7 the date of the enactment of this Act; 

8 (3) constitutes an express or implied reservation 

9 of water or water right for any purpose with respect 

10 to the trust land; or 

11 (4) affects any water right of the Tribe that ex12 ists before the date of the enactment of this Act. 

13 SEC. 346. RELATION TO OTHER LANDS AND LAWS. 

14 (a) OTHER LANDS.—Nothing in this subtitle shall be 

15 construed to affect any Federal lands located outside of the 

16 covered wilderness or the management of such lands. 

17 (b) CONFORMING REPEAL.—Section 2815 of the Na18 tional Defense Authorization Act for Fiscal Year 2000 (Pub19 lic Law 106–65; 113 Stat. 852) is amended by striking sub20 section (d). 
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1 Subtitle F—Other Matters 

2 SEC. 351. CODIFICATION AND REVISION OF LIMITATION ON 

3 MODIFICATION OF MAJOR ITEMS OF EQUIP4 MENT SCHEDULED FOR RETIREMENT OR DIS5 POSAL. 

6 (a) IN GENERAL.—Chapter 134 of title 10, United 

7 States Code, is amended by inserting after section 2244 the 

8 following new section: 

9 ‘‘§ 2244a. Equipment scheduled for retirement or dis10 posal: limitation on expenditures for 

11 modifications 

12 ‘‘(a) PROHIBITION.—Except as otherwise provided in 

13 this section, the Secretary of a military department may 

14 not carry out a significant modification of an aircraft, 

15 weapon, vessel, or other item of equipment that the Sec16 retary plans to retire or otherwise dispose of within five 

17 years after the date on which the modification, if carried 

18 out, would be completed. 

19 ‘‘(b) SIGNIFICANT MODIFICATION DEFINED.—In this 

20 section, a significant modification is any modification for 

21 which the cost is in an amount equal to or greater than 

22 $1,000,000. 

23 ‘‘(c) EXCEPTION FOR SAFETY MODIFICATIONS.—The 

24 prohibition in subsection (a) does not apply to a safety 

25 modification. 
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1 ‘‘(d) WAIVER AUTHORITY.—The Secretary concerned 

2 may waive the prohibition in subsection (a) in the case of 

3 any modification otherwise subject to that subsection if the 

4 Secretary determines that carrying out the modification is 

5 in the national security interest of the United States. When6 ever the Secretary issues such a waiver, the Secretary shall 

7 notify the congressional defense committees in writing.’’. 

8 (b) CLERICAL AMENDMENT.—The table of section at 

9 the beginning of such chapter is amended by inserting after 

10 the item relating to section 2244 the following new item: 

‘‘2244a. Equipment scheduled for retirement or disposal: limitation on expenditures for modifications.’’. 

11 (c) CONFORMING REPEAL.—Section 8053 of the De12 partment of Defense Appropriations Act, 1998 (Public Law 

13 105–56; 10 U.S.C. 2241 note), is repealed. 

14 SEC. 352. LIMITATION ON PURCHASE OF INVESTMENT 

15 ITEMS WITH OPERATION AND MAINTENANCE 

16 FUNDS. 

17 (a) LIMITATION ON USE OF OPERATION AND MAINTE18 NANCE FUNDS.—Chapter 134 of title 10, United States 

19 Code, is amended by inserting after section 2245 the fol20 lowing new section: 

21 ‘‘§ 2245a. Use of operation and maintenance funds for 

22 purchase of investment items: limitation 

23 ‘‘Funds appropriated to the Department of Defense for 

24 operation and maintenance may not be used to purchase 
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1 any item (including any item to be acquired as a replace2 ment for an item) that has an investment item unit cost 

3 that is greater than $250,000.’’. 

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

5 the beginning of such chapter is amended by inserting after 

6 the item relating to section 2245 the following new item: 

‘‘2245a. Use of operation and maintenance funds for purchase of investment items: 

limitation.’’. 

7 SEC. 353. PROVISION OF DEPARTMENT OF DEFENSE SUP8 PORT FOR CERTAIN PARALYMPIC SPORTING 

9 EVENTS. 

10 Section 2564 of title 10, United States Code, is amend11 ed— 

12 (1) in subsection (c), by adding at the end the 

13 following new paragraphs: 

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

15 States Olympic Committee through the Paralympic 

16 Military Program. 

17 ‘‘(5) A national or international paralympic 

18 sporting event (other than one covered by paragraph 

19 (3) or (4))— 

20 ‘‘(A) which is— 

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

22 of its territories or commonwealths; 

23 ‘‘(ii) governed by the International 

24 Paralympic Committee; and 
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1 ‘‘(iii) sanctioned by the United States 

2 Olympic Committee; and 

3 ‘‘(B) for which participation exceeds 500 

4 amateur athletes.’’; and 

5 (2) in subsection (d)— 

6 (A) by inserting ‘‘(1)’’ before ‘‘The Sec7 retary’’; and 

8 (B) by adding at the end the following new 

9 paragraph: 

10 ‘‘(2) No more than $1,000,000 may be expended 

11 in any fiscal year to provide support for events speci12 fied under paragraph (5) of subsection (c).’’. 

13 SEC. 354. DEVELOPMENT AND EXPLANATION OF BUDGET 

14 MODELS FOR BASE OPERATIONS SUPPORT, 

15 SUSTAINMENT, AND FACILITIES RECAPITAL16 IZATION. 

17 (a) REPORTS ON MODELS USED.—The Secretary of 

18 Defense shall include with the defense budget materials for 

19 fiscal years 2007 through 2011 a report describing the mod20 els used to prepare the budget requests for base operations 

21 support, sustainment, and facilities recapitalization. 

22 (b) CONTENT OF REPORTS.—The report for a fiscal 

23 year under subsection (a) shall include the following: 

24 (1) An explanation of the methodology used to 

25 develop each model and, if there have been any 
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1 changes to the methodology since the previous report, 

2 an explanation of the changes and the reasons there3 for. 

4 (2) A description of the items contained in each 

5 model. 

6 (3) An explanation of whether the models are 

7 being applied to each military department and De8 fense Agencies under common definitions of base oper9 ations support, sustainment, and facilities recapital10 ization and, if common definitions are not being 

11 used, an explanation of the differences and the rea12 sons therefor. 

13 (4) A description of the requested funding levels 

14 for base operations support, sustainment, and facili15 ties recapitalization for the fiscal year covered by the 

16 defense budget materials and the funding goals estab17 lished for base operations support, sustainment, and 

18 facilities recapitalization for at least the four suc19 ceeding fiscal years. 

20 (5) If the requested funding levels for base oper21 ations support, sustainment, and facilities recapital22 ization for the fiscal year covered by the defense budg23 et materials deviate from the goals for that fiscal year 

24 contained in the preceding report, or the funding 

25 goals established for succeeding fiscal years deviate 
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1 from the goals for those fiscal years contained in the 

2 preceding report, a justification for the funding levels 

3 and goals and an explanation of the reasons for the 

4 changes from the preceding report. 

5 (c) DEFENSE BUDGET MATERIALS DEFINED.—In this 

6 section, the term ‘‘defense budget materials’’ means the ma7 terials submitted to Congress by the Secretary of Defense 

8 in support of the budget for a fiscal year submitted to Con9 gress by the President under section 1105(a) of title 31, 

10 United States Code. 

11 SEC. 355. REPORT ON DEPARTMENT OF ARMY PROGRAMS 

12 FOR PREPOSITIONING OF EQUIPMENT AND 

13 OTHER MATERIEL. 

14 (a) SECRETARY OF ARMY ASSESSMENT.—The Sec15 retary of the Army shall conduct an assessment of the pro16 grams of the Department of Army for the prepositioning 

17 of equipment and other materiel stocks. The assessment shall 

18 focus on how those programs are configured to support the 

19 evolving goals of the Department of Army and shall include 

20 identification of the following: 

21 (1) The key operational capabilities currently 

22 available in both the afloat and ashore prepositioned 

23 stocks of the Army, by geographic region, including 

24 inventory levels in brigade sets, operational projects, 

25 and sustainment programs. 
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1 (2) Any significant shortfalls that exist in those 

2 stocks, particularly in combat and support equip3 ment, spare parts, and munitions, and how the Army 

4 would mitigate those shortfalls in the event of a new 

5 conflict. 

6 (3) The maintenance condition of prepositioned 

7 equipment and supplies, especially the key ‘‘pacing’’ 

8 items in brigade sets, including the percentage cur9 rently maintained at the Technical Manual -10/20 

10 standard required by the Army. 

11 (4) The percentage of required cyclic mainte12 nance performed on all stocks for each of fiscal years 

13 2003, 2004, and 2005 and the quality control proce14 dures used to ensure that such maintenance was com15 pleted according to Army standards. 

16 (5) Whether the oversight mechanisms and inter17 nal management reports of the Army with respect to 

18 those stocks are adequate and ensure an accurate por19 trayal of the readiness of stocks covered by the report. 

20 (6) The funding allocated and expended for 

21 prepositioning programs each fiscal year since fiscal 

22 year 2000, by region, and an assessment of whether 

23 that funding level has been adequate to maintain pro24 gram readiness. 
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1 (7) The facilities used to store and maintain bri2 gade sets and whether those facilities provide adequate 

3 (or excess) capacity, by region, for the current and fu4 ture mission. 

5 (8) The current funding for the war reserve, the 

6 sufficiency of the war reserve inventory, and the effect 

7 of the war reserve on the ability of the Army to con8 duct operations. 

9 (b) REPORT.—The Secretary shall submit to Congress 

10 a report on the assessment under subsection (a) not later 

11 than January 1, 2006. The report shall include each of the 

12 matters specified in paragraphs (1) through (7) of that sub13 section. 

14 (c) COMPTROLLER GENERAL REVIEW.—Not later than 

15 120 days after the date of receipt of the report under sub16 section (b), the Comptroller General shall submit to Con17 gress an independent review of the assessment conducted by 

18 the Secretary of the Army under subsection (a). The review 

19 under this subsection shall include the following: 

20 (1) The Comptroller General’s assessment of 

21 whether the assessment by the Secretary of the Army 

22 under subsection (a) comprehensively addresses each 

23 of the matters specified in paragraphs (1) through (7) 

24 of that subsection. 
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1 (2) The status of the Army in addressing any 

2 shortfalls or other issues reported by the Department 

3 of the Army or identified by the Government Account4 ability Office. 

5 SEC. 356. REPORT REGARDING EFFECT ON MILITARY READ6 INESS OF UNDOCUMENTED IMMIGRANTS 

7 TRESPASSING UPON OPERATIONAL RANGES. 

8 (a) REPORT CONTAINING ASSESSMENT AND RESPONSE

9 PLAN.—Not later than March 15, 2006, the Secretary of 

10 Defense and the Secretary of Homeland Security shall sub11 mit to Congress a report containing— 

12 (1) an assessment, conducted jointly by the Sec13 retaries, of the impact on military readiness caused 

14 by undocumented immigrants whose entry into the 

15 United States involves trespassing upon operational 

16 ranges of the Department of Defense; 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 re21 quired by subsection (a) shall include the following: 

22 (1) A listing of the operational ranges adversely 

23 affected by the trespass of undocumented immigrants 

24 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 States. 

11 (6) A description of measures currently in place 

12 to prevent such trespass, including the use of barriers 

13 to vehicles and persons, military patrols, border pa14 trols, and sensors. 

15 (c) ELEMENTS OF PLAN.—The plan required by sub16 section (a) shall include the following: 

17 (1) The types of measures to be implemented to 

18 better prevent the trespass of undocumented immi19 grants upon operational ranges, including the con20 struction of barriers to vehicles and persons, the use 

21 of additional military or border patrols, and the in22 stallation of sensors. 

23 (2) The costs of, and timeline for, implementa24 tion of the plan. 
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1 (d) IMPLEMENTATION REPORTS.—Not later than Sep2 tember 15, 2006, March 15, 2007, September 15, 2007, and 

3 March 15, 2008, the Secretary of Defense shall submit to 

4 Congress a report detailing the progress made by the De5 partment of Defense, during the six-month period covered 

6 by the report, in implementing measures recommended in 

7 the plan required by subsection (a) to prevent undocu8 mented immigrants from trespassing upon operational 

9 ranges. Each report shall include the number and types of 

10 mitigation measures implemented and the success of such 

11 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 States 

15 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 days 

21 before the Secretary of Defense or the Secretary of a mili22 tary department issues a final approval or disapproval or 

23 a formal opinion regarding the placement of any liquefied 

24 natural gas facility, pipeline, or related structure on or in 

25 the vicinity of a military installation, range, or other lands 
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1 under the jurisdiction of the Department of Defense, the 

2 Secretary shall submit to Congress a report detailing the 

3 justification for the approval, disapproval, or opinion. 

4 (b) CONTENT OF REPORT.—A report under subsection 

5 (a) shall include consideration of the potential long-term 

6 effects of the liquefied natural gas facility, pipeline, or re7 lated structure that is the subject of the approval, dis8 approval, or opinion on military readiness, particularly the 

9 effects on the use of operational ranges. 

10 (c) DEFINITIONS.—In this section: 

11 (1) The term ‘‘military installation’’ has the 

12 meaning given that term in section 2687(e)(1) of title 

13 10, United States Code. 

14 (2) The terms ‘‘range’’ and ‘‘operational range’’ 

15 have the meanings given those terms in section 101(e) 

16 of such title. 

17 SEC. 358. REPORT REGARDING ARMY AND AIR FORCE EX18 CHANGE SYSTEM MANAGEMENT OF ARMY 

19 LODGING. 

20 (a) REPORT REQUIRED.—The Secretary of Defense 

21 shall submit to Congress a report containing the results of 

22 a study evaluating the merits of allowing the Army and 

23 Air Force Exchange System to manage Army lodging. The 

24 study should consider at a minimum the following: 
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1 (1) Whether current lodging agreements with the 

2 Army and Air Force Exchange System to provide 

3 hospitality telecommunication services would be im4 pacted 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 lodging 

11 as a nonprofit organization versus a partnership with 

12 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 of 

16 such lodging if it is determined that management of 

17 such lodging is not a profitable marketing venture. 

18 (4) Whether there are certain benefits to having 

19 the Army and Air Force Exchange System become the 

20 partner with the Army that would not exist were the 

21 Army to partner with a private sector entity. 

22 (b) LIMITATION PENDING SUBMISSION OF REPORT.— 

23 Until the Secretary of Defense submits the report required 

24 by subsection (a) to Congress, the Department of the Army 

25 may not solicit or consider any request for qualifications 
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1 that would privatize Army lodging beyond the level of pri2 vatization identified for inclusion in Group A of the Privat3 ization of Army Lodging Initiative. 

4 TITLE IV—MILITARY PERSONNEL 

5 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. 

6 Subtitle A—Active Forces 

7 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

8 The Armed Forces are authorized strengths for active 

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

10 (1) The Army, 482,400. 

11 (2) The Navy, 352,700. 

12 (3) The Marine Corps, 175,000. 

13 (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) through 

5 (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 sub11 section (a) shall take effect on October 1, 2005, or the 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 com17 ponents 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 compo3 nent shall be proportionately reduced by— 

4 (1) the total authorized strength of units orga5 nized to serve as units of the Selected Reserve of such 

6 component which are on active duty (other than for 

7 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 Re17 serve of such reserve component shall be increased propor18 tionately by the total authorized strengths of such units and 

19 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 411(a), 

23 the reserve components of the Armed Forces are authorized, 

24 as of September 30, 2006, the following number of Reserves 

25 to be serving on full-time active duty or full-time duty, in 
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1 the case of members of the National Guard, for the purpose 

2 of organizing, administering, recruiting, instructing, or 

3 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 reserve 

16 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 United 

10 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 90. 

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

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

21 meaning given that term in section 10217(a) of title 10, 

22 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 who 

6 may be serving at any time on full-time operational sup7 port duty under section 115(b) of title 10, United States 

8 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 year 

22 2006 a total of $108,824,292,000. The authorization in the 

23 preceding sentence supersedes any other authorization of 

24 appropriations (definite or indefinite) for such purpose for 

25 fiscal year 2006. 
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1 SEC. 422. ARMED FORCES RETIREMENT HOME. 

2 There is hereby authorized to be appropriated for fiscal 

3 year 2006 from the Armed Forces Retirement Home Trust 

4 Fund the sum of $58,281,000 for the operation of the Armed 

5 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. 
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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. 

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. 
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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. 

Sec. 574. Ground combat and other exclusion policies. 

1 Subtitle A—Officer Personnel Policy 

2 SEC. 501. TEMPORARY INCREASE IN PERCENTAGE LIMITS 

3 ON REDUCTION OF TIME-IN-GRADE REQUIRE4 MENTS FOR RETIREMENT IN GRADE UPON 

5 VOLUNTARY RETIREMENT. 

6 Section 1370(a)(2) of title 10, United States Code, is 

7 amended by adding at the end the following new subpara8 graph: 

9 ‘‘(F) Notwithstanding subparagraph (E), during the 

10 period beginning on October 1, 2005, and ending on Decem11 ber 31, 2007, the number of lieutenant colonels and colonels 

12 of the Army, Marine Corps, and Air Force, and the number 

13 of commanders and captains of the Navy, for whom a reduc-
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1 tion is made under this section during any fiscal year in 

2 the period of service-in-grade otherwise required under this 

3 paragraph may not exceed four percent of the authorized 

4 active-duty strength for that fiscal year for officers of that 

5 armed force in that grade.’’. 

6 SEC. 502. TWO-YEAR RENEWAL OF AUTHORITY TO REDUCE 

7 MINIMUM COMMISSIONED SERVICE REQUIRE8 MENT FOR VOLUNTARY RETIREMENT AS AN 

9 OFFICER. 

10 Sections 3911(b), 6323(a)(2), and 8911(b) of title 10, 

11 United States Code, are amended by striking ‘‘during the 

12 period beginning on October 1, 1990, and ending on Decem13 ber 31, 2001’’ and inserting ‘‘during the period beginning 

14 on October 1, 2005, and ending on December 31, 2007’’. 

15 SEC. 503. SEPARATION AT AGE 64 FOR RESERVE COMPO16 NENT SENIOR OFFICERS. 

17 Section 14512(a) of title 10, United States Code, is 

18 amended— 

19 (1) by inserting ‘‘(1)’’ before ‘‘Unless retired,’’; 

20 (2) by striking ‘‘who is Chief’’ and all that fol21 lows through ‘‘of a State,’’ and inserting ‘‘who is 

22 specified in paragraph (2)’’; and 

23 (3) by adding at the end the following new para24 graph: 
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1 ‘‘(2) Paragraph (1) applies to a reserve officer of the 

2 Army or Air Force who is any of the following: 

3 ‘‘(A) The Chief of the National Guard Bureau. 

4 ‘‘(B) The Chief of the Army Reserve, Chief of the 

5 Air Force Reserve, Director of the Army National 

6 Guard, or Director of the Air National Guard. 

7 ‘‘(C) An adjutant general. 

8 ‘‘(D) If a reserve officer of the Army, the com9 manding general of the troops of a State.’’. 

10 SEC. 504. IMPROVED ADMINISTRATION OF TRANSITIONS IN11 VOLVING OFFICERS IN SENIOR GENERAL AND 

12 FLAG OFFICER POSITIONS. 

13 (a) EXCLUSION FROM GRADE DISTRIBUTION LIMITA14 TIONS FOR SENIOR OFFICERS TRANSITIONING BETWEEN

15 POSITIONS OR AWAITING RETIREMENT.—Section 525(d) of 

16 title 10, United States Code, is amended to read as follows: 

17 ‘‘(d) An officer continuing to hold the grade of general, 

18 admiral, lieutenant general, or vice admiral under para19 graph (2) or (4) of section 601(b) of this title shall not be 

20 counted for purposes of this section.’’. 

21 (b) APPOINTMENTS TO POSITIONS OF IMPORTANCE

22 AND RESPONSIBILITY.—Section 601 of such title is amend23 ed— 
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1 (1) in subsection (b)(2), by inserting before the 

2 semicolon at the end the following: ‘‘, but not for more 

3 than 30 days’’; and 

4 (2) by adding at the end the following new sub5 section: 

6 ‘‘(e)(1) If a transition period for an officer under sub7 section (b)(2) or (b)(4) exceeds the maximum period speci8 fied in that subsection, the officer shall revert to the officer’s 

9 permanent grade, effective on the day after the date on 

10 which that period is exceeded. 

11 ‘‘(2) In each case in which the transition period for 

12 an officer under subsection (b)(2) exceeds 30 days, the Sec13 retary of Defense shall promptly submit to the Committee 

14 on Armed Services of the Senate and the Committee on 

15 Armed Services of the House of Representatives a report on 

16 the matter. The report shall include the following: 

17 ‘‘(A) The officer’s name. 

18 ‘‘(B) The date on which the transition period 

19 began and the date on which the 30-day limit was ex20 ceeded. 

21 ‘‘(C) The former position of the officer and the 

22 position to which the officer has been ordered trans23 ferred. 

24 ‘‘(D) The reason for extended transition to the 

25 position to which ordered transferred. 
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1 ‘‘(E) The date on which the officer reverted to the 

2 officer’s permanent grade pursuant to paragraph (1). 

3 ’’. 

4 (c) PROHIBITION OF FROCKING TO GRADES ABOVE

5 MAJOR GENERAL AND REAR ADMIRAL.—Section 777(a) of 

6 such title is amended by inserting ‘‘in a grade below the 

7 grade of major general or, in the case of the Navy, rear 

8 admiral,’’ after ‘‘An officer’’ in the first sentence. 

9 SEC. 505. CONSOLIDATION OF GRADE LIMITATIONS ON OF10 FICER ASSIGNMENT AND INSIGNIA PRACTICE 

11 KNOWN AS FROCKING. 

12 Section 777(d) of title 10, United States Code, is 

13 amended— 

14 (1) in paragraph (1)— 

15 (A) by striking ‘‘brigadier generals and 

16 Navy rear admirals (lower half)’’ and inserting 

17 ‘‘colonels, Navy captains, brigadier generals, and 

18 rear admirals (lower half)’’; 

19 (B) by striking ‘‘the grade of’’ and all that 

20 follows through ‘‘30’’ and inserting ‘‘the next 

21 higher grade may not exceed 85’’; 

22 (2) by striking paragraph (2); and 

23 (3) by redesignating paragraph (3) as para24 graph (2). 
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1 SEC. 506. AUTHORITY FOR DESIGNATION OF A GENERAL/ 

2 FLAG OFFICER POSITION ON THE JOINT 

3 STAFF TO BE HELD BY RESERVE COMPONENT 

4 GENERAL OR FLAG OFFICER ON ACTIVE 

5 DUTY. 

6 Section 526(b)(2)(A) of title 10, United States Code, 

7 is amended by inserting ‘‘, and a general and flag officer 

8 position on the Joint Staff,’’ after ‘‘combatant commands’’. 

9 SEC. 507. AUTHORITY TO RETAIN PERMANENT PROFES10 SORS AT THE NAVAL ACADEMY BEYOND 30 

11 YEARS OF ACTIVE COMMISSIONED SERVICE. 

12 (a) WAIVER OF MANDATORY RETIREMENT FOR YEARS

13 OF SERVICE.— 

14 (1) LIEUTENANT COLONELS AND COM15 MANDERS.—Section 633 of title 10, United States 

16 Code, is amended— 

17 (A) by striking ‘‘Except an’’ and all that 

18 follows through ‘‘except as provided’’ and insert19 ing ‘‘(a) 28 YEARS OF ACTIVE COMMISSIONED

20 SERVICE.—Except as provided in subsection (b) 

21 and as provided’’; 

22 (B) by adding at the end the following: 

23 ‘‘(b) EXCEPTIONS.—Subsection (a) does not apply to 

24 the following: 
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1 ‘‘(1) An officer of the Navy or Marine Corps who 

2 is an officer designated for limited duty to whom sec3 tion 5596(e) or 6383 of this title applies. 

4 ‘‘(2) An officer of the Navy or Marine Corps who 

5 is a permanent professor at the United States Naval 

6 Academy.’’. 

7 (2) COLONELS AND NAVY CAPTAINS.—Section 

8 634 of title 10, United States Code, is amended— 

9 (A) by striking ‘‘Except an’’ and all that 

10 follows through ‘‘except as provided’’ and insert11 ing ‘‘(a) 30 YEARS OF ACTIVE COMMISSIONED

12 SERVICE.—Except as provided in subsection (b) 

13 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 who is designated for 

18 limited duty to whom section 6383(a)(4) of this title 

19 applies. 

20 ‘‘(2) An officer of the Navy or Marine Corps who 

21 is a permanent professor at the United States Naval 

22 Academy.’’. 

23 (b) AUTHORITY FOR RETENTION OF PERMANENT PRO24 FESSORS BEYOND 30 YEARS.— 
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1 (1) AUTHORITY.—Chapter 573 of such title is 

2 amended by inserting after section 6371 the following 

3 new section: 

4 ‘‘§ 6372. Permanent professors of the United States 

5 Naval Academy: retirement for years of 

6 service; authority for deferral 

7 ‘‘(a) RETIREMENT FOR YEARS OF SERVICE.—(1) Ex8 cept as provided in subsection (b), an officer of the Navy 

9 or Marine Corps serving as a permanent professor at the 

10 Naval Academy in the grade of commander or lieutenant 

11 colonel who is not on a list of officers recommended for pro12 motion to the grade of captain or colonel, as the case may 

13 be, shall, if not earlier retired, be retired on the first day 

14 of the month after the month in which the officer completes 

15 28 years of active commissioned service. 

16 ‘‘(2) Except as provided in subsection (b), an officer 

17 of the Navy or Marine Corps serving as a permanent pro18 fessor at the Naval Academy in the grade of captain or colo19 nel who is not on a list of officers recommended for pro20 motion to the grade of rear admiral (lower half) or briga21 dier general, as the case may be, shall, if not earlier retired, 

22 be retired on the first day of the month after the month 

23 in which the officer completes 30 years of active commis24 sioned service. 
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1 ‘‘(b) CONTINUATION ON ACTIVE DUTY.—(1) An officer 

2 subject to retirement under subsection (a) may have his re3 tirement deferred and be continued on active duty by the 

4 Secretary of the Navy. 

5 ‘‘(2) Subject to section 1252 of this title, the Secretary 

6 of the Navy shall determine the period of any continuation 

7 on active duty under this section. 

8 ‘‘(c) ELIGIBILITY FOR PROMOTION.—A permanent 

9 professor at the Naval Academy in the grade of commander 

10 or lieutenant colonel who is continued on active duty as 

11 a permanent professor under subsection (b) remains eligible 

12 for consideration for promotion to the grade of captain or 

13 colonel, as the case may be. 

14 ‘‘(d) RETIRED GRADE AND RETIRED PAY.—Each offi15 cer retired under this section— 

16 ‘‘(1) unless otherwise entitled to a higher grade, 

17 shall be retired in the grade determined under section 

18 1370 of this title; and 

19 ‘‘(2) is entitled to retired pay computed under 

20 section 6333 of this title.’’. 

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions at the beginning of such chapter is amended by 

23 inserting after the item relating to section 6371 the 

24 following new item: 

‘‘6372. Permanent professors of the United States Naval Academy: retirement for 

years of service; authority for deferral.’’. 
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1 (c) MANDATORY RETIREMENT AT AGE 64.— 

2 (1) REORGANIZATION AND STANDARDIZATION.— 

3 Chapter 63 of such title is amended by inserting after 

4 section 1251 the following new section: 

5 ‘‘§ 1252. Age 64: permanent professors at academies 

6 ‘‘(a) MANDATORY RETIREMENT FOR AGE.—Unless re7 tired or separated earlier, each regular commissioned officer 

8 of the Army, Navy, Air Force, or Marine Corps covered by 

9 subsection (b) shall be retired on the first day of the month 

10 following the month in which the officer becomes 64 years 

11 of age. 

12 ‘‘(b) COVERED OFFICERS.—This section applies to the 

13 following officers: 

14 ‘‘(1) An officer who is a permanent professor or 

15 the director of admissions of the United States Mili16 tary Academy. 

17 ‘‘(2) An officer who is a permanent professor at 

18 the United States Naval Academy. 

19 ‘‘(3) An officer who is a permanent professor or 

20 the registrar of the United States Air Force Acad21 emy.’’. 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of such chapter is amended by 

24 inserting after the item relating to section 1251 the 

25 following new item: 

‘‘1254. Age 64: permanent professors at academies.’’. 
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1 (3) CONFORMING AMENDMENT.—Section 1251(a) 

2 of such title is amended by striking the second sen3 tence. 

4 (d) CONFORMING AMENDMENTS RELATING TO COM5 PUTATION OF RETIRED PAY.— 

6 (1) AGE 64 RETIREMENT.—Chapter 71 of such 

7 title is amended— 

8 (A) in the table in section 1401(a), by in9 serting at the bottom of the column under the 

10 heading ‘‘For sections’’, in the entry for Formula 

11 Number 5, the following: ‘‘1252’’; and 

12 (B) in the table in section 1406(b)(1), by 

13 inserting at the bottom of the first column the 

14 following: ‘‘1252’’; 

15 (2) YEARS-OF-SERVICE RETIREMENT.—Section 

16 6333(a) of such title is amended— 

17 (A) in the matter preceding the table, by in18 serting ‘‘6372 or’’ after ‘‘section’’; and 

19 (B) in the table, by inserting ‘‘6372’’ imme20 diately below ‘‘6325(b)’’ in the column under the 

21 heading ‘‘For sections’’, in the entry for Formula 

22 B. 
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1 SEC. 508. AUTHORITY FOR APPOINTMENT OF COAST GUARD 

2 FLAG OFFICER AS CHIEF OF STAFF TO THE 

3 PRESIDENT. 

4 (a) AUTHORITY.—Chapter 3 of title 14, United States 

5 Code, is amended by adding at the end the following new 

6 section: 

7 ‘‘§ 54. Chief of Staff to President: appointment 

8 ‘‘The President, by and with the advice and consent 

9 of the Senate, may appoint a flag officer of the Coast Guard 

10 as the Chief of Staff to the President.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections at 

12 the beginning of such chapter is amended by adding at the 

13 end the following new item: 

‘‘54. Chief of Staff to President: appointment.’’. 

14 SEC. 509. CLARIFICATION OF TIME FOR RECEIPT OF STATU15 TORY SELECTION BOARD COMMUNICATIONS. 

16 (a) OFFICERS ON ACTIVE-DUTY LIST.—Section 614(b) 

17 of title 10, United States Code, is amended in the first sen18 tence by inserting ‘‘11:59 p.m. on the day before’’ after ‘‘to 

19 arrive not later than’’. 

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

21 Section 14106 of such title is amended in the second sen22 tence by inserting ‘‘11:59 p.m. on the day before’’ after ‘‘so 

23 as to arrive not later than’’. 
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1 SEC. 510. STANDARDIZATION OF GRADE OF SENIOR DEN2 TAL OFFICER OF THE AIR FORCE WITH THAT 

3 OF SENIOR DENTAL OFFICER OF THE ARMY. 

4 (a) AIR FORCE ASSISTANT SURGEON GENERAL FOR

5 DENTAL SERVICES.—Section 8081 of title 10, United States 

6 Code, is amended by striking ‘‘brigadier general’’ in the sec7 ond sentence and inserting ‘‘major general’’. 

8 (b) EFFECTIVE DATE.—The amendment made by sub9 section (a) shall take effect on the date of the occurrence 

10 of the next vacancy in the position of Assistant Surgeon 

11 General for Dental Services in the Air Force that occurs 

12 after the date of the enactment of this Act or, if earlier, 

13 on the date of the appointment to the grade of major general 

14 of the officer who is the incumbent in that position on the 

15 date of the enactment of the Act. 

16 Subtitle B—Reserve Component 

17 Management 

18 SEC. 511. USE OF RESERVE MONTGOMERY GI BILL BENE19 FITS AND BENEFITS FOR MOBILIZED MEM20 BERS OF THE SELECTED RESERVE AND NA21 TIONAL GUARD FOR PAYMENTS FOR LICENS22 ING OR CERTIFICATION TESTS. 

23 (a) CHAPTER 1606.—Section 16131 of title 10, United 

24 States Code, is amended by adding at the end the following 

25 new subsection: 
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1 ‘‘(j)(1) Subject to paragraph (3), the amount of edu2 cational assistance payable under this chapter for a licens3 ing or certification test described in section 3452(b) of title 

4 38 is the lesser of $2,000 or the fee charged for the test. 

5 ‘‘(2) The number of months of entitlement charged in 

6 the case of any individual for such licensing or certification 

7 test is equal to the number (including any fraction) deter8 mined by dividing the total amount of educational assist9 ance paid such individual for such test by the full-time 

10 monthly institutional rate of educational assistance which, 

11 but for paragraph (1), such individual would otherwise be 

12 paid under subsection (b). 

13 ‘‘(3) In no event shall payment of educational assist14 ance under this subsection for such a test exceed the amount 

15 of the individual’s available entitlement under this chap16 ter.’’. 

17 (b) CHAPTER 1607.—Section 16162 of such title is 

18 amended by adding at the end the following new subsection: 

19 ‘‘(e) The provisions of section 16131(j) of this title shall 

20 apply to the provision of educational assistance under this 

21 chapter, except that, in applying such section under this 

22 chapter, the reference to subsection (b) in paragraph (2) of 

23 such section is deemed to be a reference to subsection (c) 

24 of this section.’’. 
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1 (c) EFFECTIVE DATE.—The amendments made by this 

2 section shall apply to tests administered on or after October 

3 1, 2005. 

4 SEC. 512. MODIFICATIONS TO NEW RESERVE EDUCATIONAL 

5 BENEFIT FOR CERTAIN ACTIVE SERVICE IN 

6 SUPPORT OF CONTINGENCY OPERATIONS. 

7 (a) ELIGIBILITY CRITERIA.—Subsection (a) of section 

8 16163 of title 10, United States Code, is amended— 

9 (1) in the matter preceding paragraph (1), by 

10 striking ‘‘On or after September 11, 2001, a member’’ 

11 and inserting ‘‘A member’’; 

12 (2) in paragraph (1), by striking ‘‘served on ac13 tive duty in support of a contingency operation’’ and 

14 inserting ‘‘was called or ordered to active duty on or 

15 after September 11, 2001, in support of a contingency 

16 operation and served on active duty in support of 

17 that contingency operation’’; and 

18 (3) in paragraph (2), by inserting ‘‘on or after 

19 September 11, 2001,’’ after ‘‘Secretary of Defense’’. 

20 (b) ADMINISTRATION OF SPECIFIED BENEFITS ELEC21 TION.—Subsection (e) of such section is amended by strik22 ing ‘‘Secretary concerned’’ and inserting ‘‘Secretary of Vet23 erans Affairs’’. 

24 (c) EXCEPTION TO IMMEDIATE TERMINATION OF AS25 SISTANCE.—Section 16165 of such title is amended— 
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1 (1) by striking ‘‘Educational assistance’’ and in2 serting ‘‘(a) TERMINATION.—Except as provided in 

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

4 (2) by adding at the end the following new sub5 section: 

6 ‘‘(b) EXCEPTION FOR SELECTED RESERVE MEMBERS

7 CONTINUING IN READY RESERVE.—Under regulations pre8 scribed by the Secretary of Defense, educational assistance 

9 may be provided under this chapter to a member of the Se10 lected Reserve when the member incurs a break in service 

11 in the Selected Reserve of not more than 90 days, if the 

12 member continues to serve in the Ready Reserve.’’. 

13 SEC. 513. MILITARY TECHNICIANS (DUAL STATUS) MANDA14 TORY SEPARATION. 

15 (a) DEFERRAL OF SEPARATION.—Section 10216 of 

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

17 end the following new subsection: 

18 ‘‘(f) DEFERRAL OF MANDATORY SEPARATION.—The 

19 Secretary of the Army shall implement personnel policies 

20 so as to allow a military technician (dual status) who con21 tinues to meet the requirements of this section for dual sta22 tus to continue to serve beyond a mandatory removal date 

23 for officers, and any applicable maximum years of service 

24 limitation, until the military technician (dual status) 
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1 reaches age 60 and attains eligibility for an unreduced an2 nuity (as defined in section 10218(c) of this title).’’. 

3 (b) EFFECTIVE DATE.—The Secretary of the Army 

4 shall implement subsection (f) of section 10216 of title 10, 

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

6 than 90 days after the date of the enactment of this Act. 

7 SEC. 514. MILITARY RETIREMENT CREDIT FOR CERTAIN 

8 SERVICE BY NATIONAL GUARD MEMBERS 

9 PERFORMED WHILE IN A STATE DUTY STATUS 

10 IMMEDIATELY AFTER THE TERRORIST AT11 TACKS OF SEPTEMBER 11, 2001. 

12 (a) RETIREMENT CREDIT.—Service of a member of the 

13 Ready Reserve of the Army National Guard or Air National 

14 Guard described in subsection (b) shall be deemed to be serv15 ice creditable under section 12732(a)(2)(A)(i) of title 10, 

16 United States Code. 

17 (b) COVERED SERVICE.—Service referred to in sub18 section (a) is full-time State active duty service that a mem19 ber of the National Guard performed on or after September 

20 11, 2001, and before October 1, 2002, in any of the counties 

21 specified in subsection (c) to support a Federal declaration 

22 of emergency following the terrorist attacks on the United 

23 States of September 11, 2001. 

24 (c) COVERED COUNTIES.—The counties referred to in 

25 subsection (b) are the following: 
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1 (1) In the State of New York: Bronx, Kings, New 

2 York (boroughs of Brooklyn and Manhattan), Queens, 

3 Richmond, Delaware, Dutchess, Nassau, Orange, Put4 nam, Rockland, Suffolk, Sullivan, Ulster, and West5 chester 

6 (2) In the State of Virginia: Arlington. 

7 (d) APPLICABILITY.—Subsection (a) shall take effect as 

8 of September 11, 2001. 

9 SEC. 515. USE OF NATIONAL GUARD TO PROVIDE MILITARY 

10 SUPPORT TO CIVILIAN LAW ENFORCEMENT 

11 AGENCIES FOR DOMESTIC COUNTER-TER12 RORISM ACTIVITIES. 

13 (a) IN GENERAL.—Title 32, United States Code, is 

14 amended by adding the following new section: 

15 ‘‘§ 116. Use of National Guard to provide military sup16 port to civilian law enforcement agencies 

17 for domestic counter-terrorism activities 

18 ‘‘(a) PROVISION OF SUPPORT.—The Governor of a 

19 State may order the National Guard of such State to per20 form full-time National Guard duty under section 502(f) 

21 of this title for the purpose of providing, on a reimbursable 

22 basis, military support to a civilian law enforcement agen23 cy for domestic counter-terrorism activities. Members of the 

24 National Guard performing full-time National Guard duty 

25 in the Active Guard and Reserve Program may support or 
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1 execute military support to civilian law enforcement agen2 cies for domestic counter-terrorism activities performed by 

3 the National Guard under this section. 

4 ‘‘(b) REIMBURSEMENT.—Notwithstanding any other 

5 provision of law, the Chief of the National Guard Bureau, 

6 or the designee of the Chief in the State concerned, shall 

7 accept monetary reimbursements for the costs incurred by 

8 the National Guard to provide support under subsection 

9 (a). Such monetary reimbursements will be deposited into 

10 the appropriations used to fund activities under this title 

11 and may be used in the fiscal year in which received. The 

12 Secretary of Defense may waive the reimbursement require13 ment under this section. 

14 ‘‘(c) CONDITION OF PROVISION OF SUPPORT.—Mili15 tary support to civilian law enforcement agencies for do16 mestic counter-terrorism activities may not be provided 

17 under subsection (a) if the provision of such support will 

18 affect adversely the military preparedness of the United 

19 States. To ensure that the use of units and personnel of the 

20 National Guard under such subsection does not degrade 

21 training and readiness, the following requirements shall 

22 apply in determining the activities that units and per23 sonnel of the National Guard of a State may perform: 

24 ‘‘(1) The performance of the activities may not 

25 affect adversely the quality of training or otherwise 
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1 interfere with the ability of a member or unit of the 

2 National Guard to perform the military functions of 

3 the member or unit. 

4 ‘‘(2) The performance of the activities will not 

5 degrade the military skills of the members of the Na6 tional Guard performing those activities. 

7 ‘‘(d) STATUTORY CONSTRUCTION.— Nothing in this 

8 section shall be construed as a limitation on the authority 

9 of any unit or member of the National Guard of a State, 

10 when not in Federal service, to perform functions author11 ized to be performed by the National Guard by the laws 

12 of the State concerned. Nothing in this section shall be con13 strued as a limitation on the authority of any unit or mem14 ber of the National Guard of a State, when not in Federal 

15 service, to provide military assistance or support to civil 

16 authority in the normal course of military training or oper17 ations on a non-reimbursable basis. 

18 ‘‘(e) DEFINITIONS.—In this section: 

19 ‘‘(1) The term ’State’ means each of the several 

20 States, the District of Columbia, the Commonwealth 

21 of Puerto Rico, or a territory or possession of the 

22 United States. 

23 ‘‘(2) The term ’domestic counter-terrorism’ 

24 means measures taken to prevent, deter, and respond 

25 to terrorism within a State.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of chapter 1 of such title is amended by add3 ing 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.’’. 

4 (c) CONFORMING AMENDMENT TO TITLE 10.—Section 

5 115(i) of title 10, United States Code, is amended by insert6 ing ‘‘or providing military support to civilian law enforce7 ment agencies for domestic counter-terrorism activities 

8 under section 116 of such title’’ after ‘‘title 32’’. 

9 Subtitle C—Education and 

10 Training 

11 SEC. 521. REPEAL OF LIMITATION ON AMOUNT OF FINAN12 CIAL ASSISTANCE UNDER ROTC SCHOLAR13 SHIP PROGRAMS. 

14 (a) GENERAL ROTC PROGRAM.—Section 2107(c) of 

15 title 10, United States Code, is amended— 

16 (1) by striking paragraph (4); and 

17 (2) in paragraph (5)(B), by striking ‘‘, (3), or 

18 (4)’’ and inserting ‘‘or (3)’’. 

19 (b) ARMY RESERVE AND ARMY NATIONAL GUARD PRO20 GRAM.—Section 2107a(c) of such title is amended by strik21 ing paragraph (3). 

22 (c) EFFECTIVE DATE.—Paragraph (4) of section 

23 2107(c) of title 10, United States Code, and paragraph (3) 

24 of section 2107a(c) of such title, as in effect on the day be-
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1 fore the date of the enactment of this Act, shall continue 

2 to apply in the case of any individual selected before the 

3 date of the enactment of this Act for appointment as a cadet 

4 or midshipman under section 2107 or 2107a of such title. 

5 SEC. 522. INCREASED ENROLLMENT FOR ELIGIBLE DE6 FENSE INDUSTRY EMPLOYEES IN THE DE7 FENSE PRODUCT DEVELOPMENT PROGRAM 

8 AT NAVAL POSTGRADUATE SCHOOL. 

9 Section 7049(a) of title 10, United States Code, is 

10 amended— 

11 (1) by inserting ‘‘and systems engineering’’ after 

12 ‘‘curriculum related to defense product development’’; 

13 and 

14 (2) by striking ‘‘10’’ and inserting ‘‘25’’. 

15 SEC. 523. PAYMENT OF EXPENSES TO OBTAIN PROFES16 SIONAL CREDENTIALS. 

17 (a) IN GENERAL.—Chapter 101 of title 10, United 

18 States Code, is amended by adding at the end the following 

19 new section: 

20 ‘‘§ 2015. Payment of expenses to obtain professional 

21 credentials 

22 ‘‘(a) AUTHORITY.—The Secretary of Defense and the 

23 Secretary of Homeland Security, with respect to the Coast 

24 Guard when it is not operating as a service in the Navy, 

25 may pay for— 
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1 ‘‘(1) expenses for members of the armed forces to 

2 obtain professional credentials, including expenses for 

3 professional accreditation, State-imposed and profes4 sional licenses, and professional certification; and 

5 ‘‘(2) examinations to obtain such credentials. 

6 ‘‘(b) LIMITATION.—The authority under subsection (a) 

7 may not be used to pay the expenses of a member to obtain 

8 professional credentials that are a prerequisite for appoint9 ment in the armed forces.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections at 

11 the beginning of such chapter is amended by adding at the 

12 end the following new item: 

‘‘2015. Payment of expenses to obtain professional credentials.’’. 

13 SEC. 524. AUTHORITY FOR NATIONAL DEFENSE UNIVER14 SITY AWARD OF DEGREE OF MASTER OF 

15 SCIENCE IN JOINT CAMPAIGN PLANNING AND 

16 STRATEGY. 

17 (a) JOINT FORCES STAFF COLLEGE PROGRAM.—Sec18 tion 2163 of title 10, United States Code, is amended to 

19 read as follows: 

20 ‘‘§ 2163. National Defense University: master of 

21 science degrees 

22 ‘‘(a) AUTHORITY TO AWARD SPECIFIED DEGREES.— 

23 The President of the National Defense University, upon the 

24 recommendation of the faculty of the respective college or 
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1 other school within the University, may confer the master 

2 of science degrees specified in subsection (b). 

3 ‘‘(b) AUTHORIZED DEGREES.—The following degrees 

4 may be awarded under subsection (a): 

5 ‘‘(1) MASTER OF SCIENCE IN NATIONAL SECU6 RITY STRATEGY.—The degree of master of science in 

7 national security strategy, to graduates of the Univer8 sity who fulfill the requirements of the program of the 

9 National War College. 

10 ‘‘(2) MASTER OF SCIENCE IN NATIONAL RE11 SOURCE STRATEGY.—The degree of master of science 

12 in national resource strategy, to graduates of the Uni13 versity who fulfill the requirements of the program of 

14 the Industrial College of the Armed Forces. 

15 ‘‘(3) MASTER OF SCIENCE IN JOINT CAMPAIGN

16 PLANNING AND STRATEGY.—The degree of master of 

17 science in joint campaign planning and strategy, to 

18 graduates of the University who fulfill the require19 ments of the program of the Joint Advanced 

20 Warfighting School at the Joint Forces Staff College. 

21 ‘‘(c) REGULATIONS.—The authority provided by this 

22 section shall be exercised under regulations prescribed by 

23 the Secretary of Defense.’’. 
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1 (b) CLERICAL AMENDMENT.—The item relating to sec2 tion 2163 in the table of sections at the beginning of chapter 

3 108 of such title is amended to read as follows: 

‘‘2163. National Defense University: master of science degrees.’’. 

4 (c) EFFECTIVE DATE.—Paragraph (3) of section 

5 2163(b) of title 10, United States Code, as amended by sub6 section (a), shall take effect for degrees awarded after May 

7 2005. 

8 SEC. 525. ONE-YEAR EXTENSION OF AUTHORITY TO USE AP9 PROPRIATED FUNDS TO PROVIDE RECOGNI10 TION ITEMS FOR RECRUITMENT AND RETEN11 TION OF CERTAIN RESERVE COMPONENT 

12 PERSONNEL. 

13 Section 18506(d) of title 10, United States Code, and 

14 section 717(e) of title 32, United States Code, are each 

15 amended by striking ‘‘December 31, 2005’’ and inserting 

16 ‘‘December 31, 2006’’. 

17 SEC. 526. REPORT ON RATIONALE AND PLANS OF THE NAVY 

18 TO PROVIDE ENLISTED MEMBERS AN OPPOR19 TUNITY TO OBTAIN GRADUATE DEGREES. 

20 (a) REPORT.—The Secretary of the Navy shall submit 

21 to the Committee on Armed Services of the Senate and the 

22 Committee on Armed Services of the House of Representa23 tives a report on the plans, if any, of the Secretary, and 

24 the rationale for those plans, for a program to provide en25 listed members of the Navy with opportunities to pursue 
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1 graduate degree programs either through Navy schools or 

2 paid for by the Navy in return for an additional service 

3 obligation. The report shall include the following: 

4 (1) The underlying philosophy and objectives 

5 supporting a decision to provide opportunities for 

6 graduate degrees to enlisted members of the Navy. 

7 (2) An overall description of how the award of 

8 a graduate degree to an enlisted member would fit in 

9 an integrated, progressive, coordinated, and system10 atic way into the goals and requirements of the Navy 

11 for enlisted career development and for professional 

12 education, together with a discussion of a wider re13 quirement, if any, for programs for the award of asso14 ciate and baccalaureate degrees to enlisted members, 

15 particularly in the career fields under consideration 

16 for the pilot program referred to 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 Secretary 

2 of the Navy for the process and mechanism of pro3 viding graduate degrees to enlisted members, includ4 ing, as a minimum, the Secretary’s plan for whether 

5 the degree programs would be provided through civil6 ian or military degree-granting institutions and 

7 whether through in-resident or distance learning or 

8 some combination thereof. 

9 (6) A description of the plan to ensure proper 

10 and effective utilization of enlisted members following 

11 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 may 

14 submit a plan for a pilot program to make available oppor15 tunities to pursue graduate degree programs to a limited 

16 number of Navy enlisted members in a specific, limited set 

17 of critical career fields. Such a plan shall include, as a min18 imum, 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 the 

2 degrees, described in the same manner as specified 

3 under subsection (a)(5), and a general description of 

4 course content. 

5 (4) An analysis of the cost effectiveness of using 

6 Navy, other service, or civilian degree granting insti7 tutions 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 amend22 ed by adding at the end the following new subsection: 

23 ‘‘(c) OVERSEAS FIELD STUDIES TO CHINA AND TAI24 WAN.—The Secretary of Defense shall direct the National 

25 Defense University to ensure that visits to China and Tai-
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1 wan are an integral part of the field study programs con2 ducted by the university as part of the military education 

3 course carried out pursuant to subsection (a) and that such 

4 field study programs include annually at least one class 

5 field study trip to the People’s Republic of China and at 

6 least one class field study trip to the Republic of China on 

7 Taiwan.’’. 

8 SEC. 529. SENSE OF CONGRESS CONCERNING ESTABLISH9 MENT OF NATIONAL COLLEGE OF HOMELAND 

10 SECURITY. 

11 It is the sense of Congress that the Secretary of Defense, 

12 in consultation with the Secretary of Homeland Security, 

13 should establish within the National Defense University an 

14 educational institution, to be known as the National College 

15 of Homeland Security, to have the mission of providing 

16 strategic-level homeland security and homeland defense edu17 cation and related research to civilian and military leaders 

18 from all agencies of government in order to contribute to 

19 the development of a common understanding of core home20 land security principles and of effective interagency and 

21 multijurisdictional homeland security strategies, policies, 

22 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 defined 

15 in section 101(a)(22) of the Immigration and Nation16 ality 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) of 

19 the Immigration and Nationality Act (8 U.S.C. 

20 1101(a)(20)). 

21 ‘‘(C) A person described in section 341 of one of 

22 the following: 

23 ‘‘(i) The Compact of Free Association be24 tween the Federated States of Micronesia and the 
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1 United States (section 201(a) of Public Law 

2 108–188 (117 Stat. 2784; 48 U.S.C. 1921 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 Law 

6 108–188 (117 Stat. 2823; 48 U.S.C. 1921 note)). 

7 ‘‘(iii) The Compact of Free Association be8 tween Palau and the United States (section 201 

9 of Public Law 99–658 (100 Stat. 3678; 48 

10 U.S.C. 1931 note)). 

11 ‘‘(2) The Secretary concerned may authorize the enlist12 ment of persons not described in paragraph (1) when the 

13 Secretary determines that such enlistment is vital to the 

14 national interest. ’’. 

15 (b) CONFORMING REPEAL OF SERVICE-SPECIFIC PRO16 VISIONS.— 

17 (1) REPEAL.—Sections 3253 and 8253 of such 

18 title are repealed. 

19 (2) CLERICAL AMENDMENTS.—The table of sec20 tions at the beginning of chapter 333 is amended by 

21 striking the item relating to section 3253. The table 

22 of sections at the beginning of chapter 833 is amended 

23 by striking the item relating to section 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 MILI7 TARY 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 com12 mencing that person’s initial period of service as a member 

13 of the armed forces, shall be provided the date on which 

14 the initial military service obligation of that person under 

15 this section ends.’’. 

16 (b) NOTIFICATION TO INDIVIDUAL READY RESERVE

17 MEMBERS.—Section 10144 of such title is amended by add18 ing at the end the following new subsection: 

19 ‘‘(c) In the case of a member of the armed forces who 

20 is serving in the Individual Ready Reserve to complete the 

21 initial military service obligation of that member under sec22 tion 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 service 

22 obligation, issue the member an order for an action speci23 fied in subsection (b) unless the member, before the end of 

24 that period, has entered into a service agreement that com-
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1 mits the member to military service beyond the end of that 

2 period. 

3 ‘‘(b) COVERED ACTIONS.—Subsection (a) applies to an 

4 involuntary mobilization in accordance with section 

5 12301(a), 12301(b), 12302, or 12304 of this title, or a recall 

6 to active duty, that commences after the date of the end 

7 of the period of the military service obligation or a transfer 

8 to the Selected Reserve. ’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of such chapter is amended by 

11 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 10, 

13 United States Code, as added by paragraph (1), shall 

14 apply with respect to orders issued by the Secretary 

15 concerned after the date of the enactment of this Act. 

16 SEC. 534. EXTENSION OF QUALIFYING SERVICE FOR INITIAL 

17 MILITARY SERVICE UNDER NATIONAL CALL 

18 TO SERVICE PROGRAM. 

19 Section 510(d) of title 10, United States Code, is 

20 amended by inserting before the period at the end the fol21 lowing: ‘‘and shall include military occupational specialties 

22 for enlistments for officer training and subsequent service 

23 as an officer, in cases in which the reason for the enlistment 
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1 and entry into an agreement under subsection (b) is to enter 

2 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 subsection 

12 (c); and 

13 (2) by inserting after subsection (a) the following 

14 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, or 

23 modified, by the member.’’. 
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1 (b) CHANGE IN DESIGNATION.—Subsection (c) of such 

2 section, as redesignated by subsection (a)(1), is amended by 

3 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 this 

9 title shall be considered for all purposes to be the person 

10 designated under this subsection to direct disposition of the 

11 remains of a decedent covered by this chapter. If the person 

12 so designated is not available, or if there was no such des13 ignation under that section, one of the following persons, 

14 in the order specified, shall be the person designated to di15 rect 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 655 

19 of title 10, United States Code, as added by subsection 

20 (a)(2), shall take effect at the end of the 30-day period be21 ginning on the date of the enactment of this Act and shall 

22 be applied to persons enlisted or appointed in the Armed 

23 Forces after the end of such period. In the case of persons 

24 who are members of the Armed Forces as of the end of such 

25 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 covered 

5 under paragraph (1), shall be applied before the end 

6 of the 180-day period beginning on the date of the en7 actment 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 mak18 ing the designation that was made before the date of 

19 the enactment of this Act and in accordance with reg20 ulations and procedures of the Department of Defense 

21 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 of 

2 title 10, United States Code, is amended by adding 

3 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 of 

7 the Army, Navy, Air Force, or Marine Corps dies while on 

8 active duty or otherwise under circumstances for which a 

9 death gratuity under section 1475 or 1476 of this title is 

10 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 deceased 

13 member. 

14 ‘‘(b) ASSIGNMENT OF SIAOS.—Whenever a member of 

15 the Army, Navy, Air Force, or Marine Corps is seriously 

16 injured or becomes seriously ill while on active duty or oth17 erwise under circumstances for which, if the member died, 

18 a death gratuity under section 1475 or 1476 of this title 

19 would be paid, the Secretary of the military department 

20 concerned shall provide for the assignment of a Seriously 

21 Injured/Ill Assistance Officer to assist the member and the 

22 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 member 
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1 of the armed forces who is an officer or a noncommissioned 

2 officers in pay grade E–7 or above or a person who is a 

3 Federal civilian employee. 

4 ‘‘(d) DUTIES AND FUNCTIONS .—The Secretary of De5 fense shall prescribe the duties and functions of Casualty 

6 Assistance Officers and Seriously Injured/Ill Assistance Of7 ficers. Such functions shall include the following functions 

8 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.—Once 

17 a family is assigned a Casualty Assistance Officer or Seri18 ously Injured/Ill Assistance Officer, the Secretary concerned 

19 shall ensure that such an officer is continuously assigned 

20 to that family, regardless of family location, until the Sec21 retary determines that the family is no longer in need of 

22 assistance from such an officer. 

23 ‘‘(f) TRAINING AND OVERSIGHT.—(1) The Secretary of 

24 Defense shall establish standards for performance of the du25 ties of Casualty Assistance Officers and Seriously Injured/ 
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1 Ill Assistance Officers, and shall monitor the training pro2 grams of the military departments for persons assigned to 

3 duty as such officers, in order to ensure that Casualty As4 sistance Officers and Seriously Injured/Ill Assistance Offi5 cers 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 IN15 JURY OR ILLNESS.—The Secretary of Defense shall specify 

16 criteria for determination for purposes of this section of 

17 whether a member is seriously injured or seriously ill. ’’. 

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of such chapter is amended by 

20 adding at the end the following new item: 

‘‘1790. Casualty Assistance Officers; Seriously Injured/Ill Assistance Officers.’’. 

21 (b) IMPLEMENTATION.—The Secretary of Defense shall 

22 prescribe regulations for the implementation of section 1790 

23 of title 10, United States Code, as added by subsection (a), 

24 not later than180 days after the date of the enactment of 

25 this Act. 
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1 SEC. 543. STANDARDS AND GUIDELINES FOR DEPARTMENT 

2 OF DEFENSE PROGRAMS TO ASSIST WOUND3 ED AND INJURED MEMBERS. 

4 The Secretary of Defense shall examine the programs 

5 of the Army, Navy, Air Force, and Marine Corps that pro6 vide assistance to members of the Armed Forces who incur 

7 severe wounds or injuries in the line of duty, including the 

8 Army Disabled Soldier Support Program and the Marine 

9 for Life Injured Support Program, and (based on such ex10 amination) shall develop standards and guidelines as nec11 essary to coordinate and standardize those programs with 

12 the activities of the Severely Injured Joint Support Oper13 ations Center of the Department of Defense, established as 

14 of February 1, 2005. The Secretary shall publish regula15 tions to implement the standards and guidelines developed 

16 pursuant to the preceding sentence not later than 180 days 

17 after the date of the enactment of this Act. 

18 SEC. 544. AUTHORITY FOR MEMBERS ON ACTIVE DUTY 

19 WITH DISABILITIES TO PARTICIPATE IN 

20 PARALYMPIC GAMES. 

21 Section 717(a) of title 10, United States Code, is 

22 amended by striking ‘‘participate in—’’ and all that follows 

23 through ‘‘(2) any other’’ and inserting ‘‘participate in any 

24 of the following sports competitions: 
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1 ‘‘(1) The Pan-American Games and the Olympic 

2 Games, and qualifying events and preparatory com3 petition for those games. 

4 ‘‘(2) The Paralympic Games, if eligible to par5 ticipate in those games, and qualifying events and 

6 preparatory competition for those games. 

7 ‘‘(3) Any other’’. 

8 Subtitle F—Military Justice and 

9 Legal Assistance Matters 

10 SEC. 551. CLARIFICATION OF AUTHORITY OF MILITARY 

11 LEGAL ASSISTANCE COUNSEL TO PROVIDE 

12 MILITARY LEGAL ASSISTANCE WITHOUT RE13 GARD TO LICENSING REQUIREMENTS. 

14 Section 1044 of title 10, United States Code, is amend15 ed by adding at the end the following new subsection: 

16 ‘‘(e)(1) Notwithstanding any law regarding the licen17 sure of attorneys, a judge advocate or civilian attorney who 

18 is authorized to provide military legal assistance is author19 ized to provide that assistance in any jurisdiction, subject 

20 to such regulations as may be prescribed by the Secretary 

21 concerned. 

22 ‘‘(2) In this subsection, the term ‘military legal assist23 ance’ includes— 

24 ‘‘(A) legal assistance provided under this section; 

25 and 
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1 ‘‘(B) legal assistance contemplated by sections 

2 1044a, 1044b, 1044c, and 1044d of this title.’’. 

3 SEC. 552. USE OF TELECONFERENCING IN ADMINISTRATIVE 

4 SESSIONS OF COURTS-MARTIAL. 

5 Section 839 of title 10, United States Code (article 39 

6 of the Uniform Code of Military Justice), is amended— 

7 (1) by redesignating subsection (b) as subsection 

8 (c); 

9 (2) by designating the matter following para10 graph (4) of subsection (a) as subsection (b); and 

11 (3) in subsection (b), as so redesignated— 

12 (A) by striking ‘‘These proceedings shall be 

13 conducted’’ and inserting ‘‘Proceedings under 

14 subsection (a) shall be conducted’’; and 

15 (B) by adding at the end the following new 

16 sentence: ‘‘If authorized by regulations of the 

17 Secretary concerned, and if the defense counsel is 

18 physically in the presence of the accused, the 

19 presence required by this subsection may other20 wise be established by audiovisual technology 

21 (such as videoteleconferencing technology).’’. 
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1 SEC. 553. EXTENSION OF STATUTE OF LIMITATIONS FOR 

2 MURDER, RAPE, AND CHILD ABUSE OFFENSES 

3 UNDER THE UNIFORM CODE OF MILITARY 

4 JUSTICE. 

5 (a) NO LIMITATION FOR MURDER, RAPE, OR RAPE OF

6 A CHILD.—Section 843 of title 10, United States Code (ar7 ticle 43 of the Uniform Code of Military Justice), is amend8 ed in subsection (a) by inserting after ‘‘in a time of war,’’ 

9 the following: ‘‘with murder, rape, or rape of a child,’’. 

10 (b) SPECIAL RULES FOR CHILD ABUSE OFFENSES.— 

11 Such section is further amended in subsection (b)(2)— 

12 (1) in subparagraph (A), by striking ‘‘before the 

13 child attains the age of 25 years’’ and inserting ‘‘dur14 ing the life of the child or within five years after the 

15 date on which the offense was committed, whichever 

16 provides a longer period,’’; 

17 (2) In subparagraph (B)— 

18 (A) in the matter preceding clause (i), by 

19 striking ‘‘sexual or physical’’; 

20 (B) in clause (i), by striking ‘‘Rape or car21 nal knowledge’’ and inserting ‘‘Any offense’’; and 

22 (C) in clause (v), by striking ‘‘Indecent as23 sault,’’ and inserting ‘‘Kidnapping; indecent as24 sault;’’; and 

25 (3) by adding at the end the following new sub26 paragraph: 
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1 ‘‘(C) In subparagraph (A), the term ‘child abuse 

2 offense’ includes an act that involves abuse of a per3 son who has not attained the age of 18 years and 

4 would constitute an offense under chapter 110 or 117, 

5 or under section 1591, of title 18.’’. 

6 SEC. 554. OFFENSE OF STALKING UNDER THE UNIFORM 

7 CODE OF MILITARY JUSTICE. 

8 (a) IN GENERAL.—(1) Subchapter X of chapter 47 of 

9 title 10, United States Code (the Uniform Code of Military 

10 Justice), is amended by inserting after section 928 (article 

11 128) the following new section: 

12 ‘‘§ 928a. Art. 128a. Stalking 

13 ‘‘Any person subject to this chapter who, on two or 

14 more occasions, engages in one or more threatening acts 

15 with respect to a specific person— 

16 ‘‘(1) that the person knows or should know would 

17 place the specific person in emotional distress or in 

18 reasonable fear of death or bodily harm to the specific 

19 person or to an immediate family member or inti20 mate partner of the specific person; and 

21 ‘‘(2) that places the specific person in emotional 

22 distress or in reasonable fear of death or bodily harm 

23 to the specific person or to an immediate family 

24 member or intimate partner of the specific person; 
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1 is guilty of stalking and shall be punished as a court-mar2 tial may direct.’’. 

3 (2) The table of sections at the beginning of such sub4 chapter is amended by inserting after the item relating to 

5 section 928 the following new item: 

‘‘928a. Art. 128a. Stalking.’’. 

6 (b) APPLICABILITY.—Section 928a of title 10, United 

7 States Code (article 128a of the Uniform Code of Military 

8 Justice), as added by subsection (a), applies to offenses com9 mitted after the date that is six months after the date of 

10 the enactment of this Act. 

11 SEC. 555. RAPE, SEXUAL ASSAULT, AND OTHER SEXUAL MIS12 CONDUCT UNDER UNIFORM CODE OF MILI13 TARY JUSTICE. 

14 (a) REVISION TO UCMJ.— 

15 (1) IN GENERAL.—Section 920 of title 10, 

16 United States Code (article 120 of the Uniform Code 

17 of Military Justice), is amended to read as follows: 

18 ‘‘§ 920. Art. 120. Rape, sexual assault, and other sex19 ual misconduct 

20 ‘‘(a) RAPE.—Any person subject to this chapter who 

21 causes another person of any age to engage in a sexual act 

22 by— 

23 ‘‘(1) using force against that other person; 

24 ‘‘(2) causing grievous bodily harm to any person; 
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1 ‘‘(3) threatening or placing that other person in 

2 fear that any person will be subjected to death, griev3 ous bodily harm, or kidnapping; 

4 ‘‘(4) rendering another person unconscious; or 

5 ‘‘(5) administering to another person by force or 

6 threat of force, or without the knowledge or permis7 sion of that person, a drug, intoxicant, or other simi8 lar substance and thereby substantially impairs the 

9 ability of that other person to appraise or control con10 duct, 

11 is guilty of rape and shall be punished as a court-martial 

12 may direct. 

13 ‘‘(b) RAPE OF A CHILD.—Any person subject to this 

14 chapter who— 

15 ‘‘(1) engages in a sexual act with a child who 

16 has not attained the age of twelve years; or 

17 ‘‘(2) engages in a sexual act under the cir18 cumstances described in subsection (a) with a child 

19 who has attained the age of twelve years, 

20 is guilty of rape of a child and shall be punished as a court21 martial may direct. 

22 ‘‘(c) AGGRAVATED SEXUAL ASSAULT.—Any person 

23 subject to this chapter who— 

24 ‘‘(1) causes another person of any age to engage 

25 in a sexual act by— 
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1 ‘‘(A) threatening or placing that other per2 son in fear (other than by threatening or placing 

3 that other person in fear that any person will be 

4 subjected to death, grievous bodily harm, or kid5 napping); or 

6 ‘‘(B) causing bodily harm; or 

7 ‘‘(2) engages in a sexual act with another person 

8 of any age if that other person is substantially inca9 pacitated or substantially incapable of— 

10 ‘‘(A) appraising the nature of the sexual 

11 act; 

12 ‘‘(B) declining participation in the sexual 

13 act; or 

14 ‘‘(C) communicating unwillingness to en15 gage in the sexual act, 

16 is guilty of aggravated sexual assault and shall be punished 

17 as a court-martial may direct. 

18 ‘‘(d) AGGRAVATED SEXUAL ASSAULT OF A CHILD.— 

19 Any person subject to this chapter who engages in a sexual 

20 act with a child who has attained the age of twelve years 

21 is guilty of aggravated sexual assault of a child and shall 

22 be punished as a court-martial may direct. 

23 ‘‘(e) AGGRAVATED SEXUAL CONTACT.—Any person 

24 subject to this chapter who engages in or causes sexual con25 tact with or by another person, if to do so would violate 
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1 subsection (a) (rape) had the sexual contact been a sexual 

2 act, is guilty of aggravated sexual contact and shall be pun3 ished as a court-martial may direct. 

4 ‘‘(f) AGGRAVATED SEXUAL ABUSE OF A CHILD.—Any 

5 person subject to this chapter who engages in a lewd act 

6 with a child is guilty of aggravated sexual abuse of a child 

7 and shall be punished as a court-martial may direct. 

8 ‘‘(g) AGGRAVATED SEXUAL CONTACT WITH A

9 CHILD.—Any person subject to this chapter who engages in 

10 or causes sexual contact with or by another person, if to 

11 do so would violate subsection (b) (rape of a child) had the 

12 sexual contact been a sexual act, is guilty of aggravated 

13 sexual contact with a child and shall be punished as a 

14 court-martial may direct. 

15 ‘‘(h) ABUSIVE SEXUAL CONTACT.—Any person subject 

16 to this chapter who engages in or causes sexual contact with 

17 or by another person, if to do so would violate subsection 

18 (c) (aggravated sexual assault) had the sexual contact been 

19 a sexual act, is guilty of abusive sexual contact and shall 

20 be punished as a court-martial may direct. 

21 ‘‘(i) ABUSIVE SEXUAL CONTACT WITH A CHILD.—Any 

22 person subject to this chapter who engages in or causes sex23 ual contact with or by another person, if to do so would 

24 violate subsection (d) (aggravated sexual assault of a child) 

25 had the sexual contact been a sexual act, is guilty of abusive 
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1 sexual contact with a child and shall be punished as a 

2 court-martial may direct. 

3 ‘‘(j) INDECENT LIBERTY WITH A CHILD.—Any person 

4 subject to this chapter who engages in indecent liberty in 

5 the physical presence of a child— 

6 ‘‘(1) with the intent to arouse, appeal to, or grat7 ify the sexual desire of any person; or 

8 ‘‘(2) with the intent to abuse, humiliate, or de9 grade any person, 

10 is guilty of indecent liberty with a child and shall be pun11 ished as a court-martial may direct. 

12 ‘‘(k) INDECENT ACT.—Any person subject to this chap13 ter who engages in indecent conduct is guilty of an indecent 

14 act and shall be punished as a court-martial may direct. 

15 ‘‘(l) FORCIBLE PANDERING.—Any person subject to 

16 this chapter who compels another person to engage in an 

17 act of prostitution with another person to be directed to said 

18 person is guilty of forcible pandering and shall be punished 

19 as a court-martial may direct. 

20 ‘‘(m) WRONGFUL SEXUAL CONTACT.—Any person sub21 ject to this chapter who, without legal justification or lawful 

22 authorization, engages in sexual contact with another per23 son without that other person’s permission is guilty of 

24 wrongful sexual contact and shall be punished as a court25 martial may direct. 
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1 ‘‘(n) INDECENT EXPOSURE.—Any person subject to 

2 this chapter who intentionally exposes, in an indecent man3 ner, in any place where the conduct involved may reason4 ably be expected to be viewed by people other than members 

5 of the actor’s family or household, the genitalia, anus, but6 tocks, or female areola or nipple is guilty of indecent expo7 sure and shall by punished as a court-martial may direct. 

8 ‘‘(o) AGE OF CHILD.— 

9 ‘‘(1) TWELVE YEARS.—In a prosecution under 

10 subsection (b) (rape of a child), (g) (aggravated sexual 

11 contact with a child), or (j) (indecent liberty with a 

12 child), it need not be proven that the accused knew 

13 that the other person engaging in the sexual act, con14 tact, or liberty had not attained the age of twelve 

15 years. It is not an affirmative defense that the ac16 cused reasonably believed that the child had attained 

17 the age of twelve years. 

18 ‘‘(2) SIXTEEN YEARS.—In a prosecution under 

19 subsection (d) (aggravated sexual assault of a child), 

20 (f) (aggravated sexual abuse of a child), (i) (abusive 

21 sexual contact with a child), or (j) (indecent liberty 

22 with a child), it need not be proven that the accused 

23 knew that the other person engaging in the sexual act, 

24 contact, or liberty had not attained the age of sixteen 

25 years. Unlike in paragraph (1), however, it is an af-
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1 firmative defense that the accused reasonably believed 

2 that the child had attained the age of sixteen years. 

3 ‘‘(p) PROOF OF THREAT.—In a prosecution under this 

4 section, in proving that the accused made a threat, it need 

5 not be proven that the accused actually intended to carry 

6 out the threat. 

7 ‘‘(q) MARRIAGE.— 

8 ‘‘(1) IN GENERAL.—In a prosecution under 

9 paragraph (2) of subsection (c) (aggravated sexual as10 sault), or under subsection (d) (aggravated sexual as11 sault of a child), (f) (aggravated sexual abuse of a 

12 child), (i) (abusive sexual contact with a child), (j) 

13 (indecent liberty with a child), (m) (wrongful sexual 

14 contact), or (n) (indecent exposure), it is an affirma15 tive defense that the accused and the other person 

16 when they engaged in the sexual act, sexual contact, 

17 or sexual conduct are married to each other. 

18 ‘‘(2) DEFINITION.—For purposes of this sub19 section, a marriage is a relationship, recognized by 

20 the laws of a competent state or foreign jurisdiction, 

21 between the accused and the other person as spouses. 

22 A marriage exists until it is dissolved in accordance 

23 with the laws of a competent state or foreign jurisdic24 tion. 
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1 ‘‘(3) EXCEPTION.—Paragraph (1) shall not 

2 apply if the accused’s intent at the time of the sexual 

3 conduct is to abuse, humiliate, or degrade any person, 

4 or if the child is under the age of fifteen years. 

5 ‘‘(r) CONSENT AND MISTAKE OF FACT AS TO CON6 SENT.—Lack of permission is an element of the offense in 

7 subsection (m) (wrongful sexual contact). Consent and mis8 take of fact as to consent are not an issue, or an affirmative 

9 defense, in a prosecution under any other subsection, except 

10 they are an affirmative defense for the sexual conduct in 

11 issue in a prosecution under subsection (a) (rape), (c) (ag12 gravated sexual assault), (e) (aggravated sexual contact), 

13 and (h) (abusive sexual contact). 

14 ‘‘(s) OTHER AFFIRMATIVE DEFENSES NOT PRE15 CLUDED.—The enumeration in this section of some affirma16 tive defenses shall not be construed as excluding the exist17 ence of others. 

18 ‘‘(t) NO PREEMPTION.—The prosecution or punish19 ment of an accused for an offense under this section does 

20 not preclude the prosecution or punishment of that accused 

21 for any other offense. 

22 ‘‘(u) DEFINITIONS.—In this section: 

23 ‘‘(1) SEXUAL ACT.—The term ‘sexual act’ 

24 means— 
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1 ‘‘(A) contact between the penis and the 

2 vulva, and for purposes of this subparagraph 

3 contact involving the penis occurs upon penetra4 tion, however slight; or 

5 ‘‘(B) the penetration, however slight, of the 

6 genital opening of another by a hand or finger 

7 or by any object, with an intent to abuse, hu8 miliate, harass, or degrade any person or to 

9 arouse or gratify the sexual desire of any person. 

10 ‘‘(2) SEXUAL CONTACT.—The term ‘sexual con11 tact’ means the intentional touching, either directly 

12 or through the clothing, of the genitalia, anus, groin, 

13 breast, inner thigh, or buttocks of another person, or 

14 intentionally causing another person to touch, either 

15 directly or through the clothing, the genitalia, anus, 

16 groin, breast, inner thigh, or buttocks of any person, 

17 with an intent to abuse, humiliate, or degrade any 

18 person or to arouse or gratify the sexual desire of any 

19 person. 

20 ‘‘(3) GRIEVOUS BODILY HARM.—The term ‘griev21 ous bodily harm’ means serious bodily injury. It in22 cludes fractured or dislocated bones, deep cuts, torn 

23 members of the body, serious damage to internal or24 gans, and other severe bodily injuries. It does not in25 clude minor injuries such as a black eye or a bloody 
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1 nose. It is the same level of injury as in section 928 

2 (article 128) of this chapter, and a lesser degree of in3 jury than in section 2246(4) of title 18. 

4 ‘‘(4) DANGEROUS WEAPON OR OBJECT.—The 

5 term ‘dangerous weapon or object’ means— 

6 ‘‘(A) any firearm, loaded or not, and wheth7 er operable or not; 

8 ‘‘(B) any other weapon, device, instrument, 

9 material, or substance, whether animate or inan10 imate, that in the manner it is used, or is in11 tended to be used, is known to be capable of pro12 ducing death or grievous bodily harm; or 

13 ‘‘(C) any object fashioned or utilized in such 

14 a manner as to lead the victim under the cir15 cumstances to reasonably believe it to be capable 

16 of producing death or grievous bodily harm. 

17 ‘‘(5) FORCE.—The term ‘force’ means action to 

18 compel submission of another or to overcome or pre19 vent another’s resistance by— 

20 ‘‘(A) the use or display of a dangerous 

21 weapon or object; 

22 ‘‘(B) the suggestion of possession of a dan23 gerous weapon or object that is used in a manner 

24 to cause another to believe it is a dangerous 

25 weapon or object; or 
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1 ‘‘(C) physical violence, strength, power, or 

2 restraint applied to another person, sufficient 

3 that the other person could not avoid or escape 

4 the sexual conduct. 

5 ‘‘(6) THREATENING OR PLACING THAT OTHER

6 PERSON IN FEAR.—The term ‘threatening or placing 

7 that other person in fear’ under paragraph (3) of sub8 section (a) (rape), or under subsection (e) (aggravated 

9 sexual contact), means a communication or action 

10 that is of sufficient consequence to cause a reasonable 

11 fear that non-compliance will result in the victim or 

12 another person being subjected to death, grievous bod13 ily harm, or kidnapping. 

14 ‘‘(7) THREATENING OR PLACING THAT OTHER

15 PERSON IN FEAR.— 

16 ‘‘(A) IN GENERAL.—The term ‘threatening 

17 or placing that other person in fear’ under para18 graph (1)(A) of subsection (c) (aggravated sexual 

19 assault), or under subsection (h) (abusive sexual 

20 contact), means a communication or action that 

21 is of sufficient consequence to cause a reasonable 

22 fear that non-compliance will result in the vic23 tim or another being subjected to a lesser degree 

24 of harm than death, grievous bodily harm, or 

25 kidnapping. 
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1 ‘‘(B) INCLUSIONS.—Such lesser degree of 

2 harm includes— 

3 ‘‘(i) physical injury to another person 

4 or to another person’s property; or 

5 ‘‘(ii) a threat— 

6 ‘‘(I) to accuse any person of a 

7 crime; 

8 ‘‘(II) to expose a secret or pub9 licize an asserted fact, whether true or 

10 false, tending to subject some person to 

11 hatred, contempt or ridicule; or 

12 ‘‘(III) through the use or abuse of 

13 military position, rank, or authority, 

14 to affect or threaten to affect, either 

15 positively or negatively, the military 

16 career of some person. 

17 ‘‘(8) BODILY HARM.—The term ‘bodily harm’ 

18 means any offensive touching of another, however 

19 slight. 

20 ‘‘(9) CHILD.—The term ‘child’ means any person 

21 who has not attained the age of sixteen years. 

22 ‘‘(10) LEWD ACT.—The term ‘lewd act’ means— 

23 ‘‘(A) the intentional touching, not through 

24 the clothing, of the genitalia of another person, 

25 with an intent to abuse, humiliate, or degrade 
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1 any person, or to arouse or gratify the sexual de2 sire of any person; or 

3 ‘‘(B) intentionally causing another person 

4 to touch, not through the clothing, the genitalia 

5 of any person with an intent to abuse, humiliate 

6 or degrade any person, or to arouse or gratify 

7 the sexual desire of any person. 

8 ‘‘(11) INDECENT LIBERTY.—The term ‘indecent 

9 liberty’ means indecent conduct, but physical contact 

10 is not required. It includes one who with the requisite 

11 intent exposes one’s genitalia, anus, buttocks, or fe12 male areola or nipple to a child. An indecent liberty 

13 may consist of communication of indecent language 

14 as long as the communication is made in the physical 

15 presence of the child. If words designed to excite sex16 ual desire are spoken to a child, or a child is exposed 

17 to or involved in sexual conduct, it is an indecent lib18 erty; the child’s consent is not relevant. 

19 ‘‘(12) INDECENT CONDUCT.—The term ‘indecent 

20 conduct’ means that form of immorality relating to 

21 sexual impurity which is grossly vulgar, obscene, and 

22 repugnant to common propriety, and tends to excite 

23 sexual desire or deprave morals with respect to sexual 

24 relations. Indecent conduct includes but is not limited 

25 to observing, or making a videotape, photograph, mo-
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1 tion picture, print, negative, slide, or other mechani2 cally, electronically, or chemically reproduced visual 

3 material, without another person’s consent, and con4 trary to that other person’s reasonable expectation of 

5 privacy, of— 

6 ‘‘(A) that other person’s genitalia, anus, or 

7 buttocks, or (if that other person is female) that 

8 person’s areola or nipple; or 

9 ‘‘(B) that other person while that other per10 son is engaged in a sexual act, sodomy (under 

11 section 925 (article 125)), or sexual contact; and 

12 ‘‘(13) ACT OF PROSTITUTION.—The term ‘act of 

13 prostitution’ means a sexual act, sexual contact, or 

14 lewd act for the purpose of receiving money or other 

15 compensation. 

16 ‘‘(14) CONSENT.—The term ‘consent’ means 

17 words or overt acts indicating a freely given agree18 ment to the sexual conduct at issue by a competent 

19 person. An expression of lack of consent through 

20 words or conduct means there is no consent. Lack of 

21 verbal or physical resistance or submission resulting 

22 from the accused’s use of force, threat of force, or plac23 ing another person in fear does not constitute consent. 

24 A current or previous dating relationship by itself or 

25 the manner of dress of the person involved with the 
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1 accused in the sexual conduct at issue shall not con2 stitute consent. A person cannot consent to sexual ac3 tivity if— 

4 ‘‘(A) under sixteen years of age; or 

5 ‘‘(B) substantially incapable of— 

6 ‘‘(i) appraising the nature of the sex7 ual conduct at issue due to— 

8 ‘‘(I) mental impairment or un9 consciousness resulting from consump10 tion of alcohol, drugs, a similar sub11 stance, or otherwise; or 

12 ‘‘(II) mental disease or defect 

13 which renders the person unable to un14 derstand the nature of the sexual con15 duct at issue; or 

16 ‘‘(ii) physically declining participation 

17 in the sexual conduct at issue; or 

18 ‘‘(iii) physically communicating un19 willingness to engage in the sexual conduct 

20 at issue. 

21 ‘‘(15) MISTAKE OF FACT AS TO CONSENT.—The 

22 term ‘mistake of fact as to consent’ means the accused 

23 held, as a result of ignorance or mistake, an incorrect 

24 belief that the other person engaging in the sexual 

25 conduct consented. The ignorance or mistake must 
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1 have existed in the mind of the accused and must 

2 have been reasonable under all the circumstances. To 

3 be reasonable the ignorance or mistake must have 

4 been based on information, or lack of it, which would 

5 indicate to a reasonable person that the other person 

6 consented. Additionally, the ignorance or mistake 

7 cannot be based on the negligent failure to discover 

8 the true facts. Negligence is the absence of due care. 

9 Due care is what a reasonably careful person would 

10 do under the same or similar circumstances. The 

11 accused’s state of intoxication, if any, at the time of 

12 the offense is not relevant to mistake of fact. A mis13 taken belief that the other person consented must be 

14 that which a reasonably careful, ordinary, prudent, 

15 sober adult would have had under the circumstances 

16 at the time of the offense. 

17 ‘‘(16) AFFIRMATIVE DEFENSE.—The term ‘af18 firmative defense’ means any special defense which, 

19 although not denying that the accused committed the 

20 objective acts constituting the offense charged, denies, 

21 wholly, or partially, criminal responsibility for those 

22 acts. The accused has the burden of proving the af23 firmative defense by a preponderance of evidence. 

24 After the defense meets this burden, the prosecution 
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1 shall have the burden of proving beyond a reasonable 

2 doubt that the affirmative defense did not exist.’’. 

3 (2) CLERICAL AMENDMENT.—The item relating 

4 to section 920 (article 120) in the table of sections at 

5 the beginning of subchapter X of chapter 47 of title 

6 10, United States Code (the Uniform Code of Military 

7 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 title 

10 10, United States Code (article 56 of the Uniform Code of 

11 Military Justice), the punishment which a court-martial 

12 may direct for an offense under section 920 of such title 

13 (article 120 of the Uniform Code of Military Justice), as 

14 amended by subsection (a), may not exceed the following 

15 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 sub21 section (c) (aggravated sexual assault), dishonorable 

22 discharge, forfeiture of all pay and allowances, and 

23 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), dishonorable 

2 discharge, forfeiture of all pay and allowances, and 

3 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 child), 

7 dishonorable discharge, forfeiture of all pay and al8 lowances, and confinement for 15 years. 

9 (5) SUBSECTIONS (H) THROUGH (J).—For an of10 fense under subsection (h) (abusive sexual contact), (i) 

11 (abusive sexual contact with a child), or (j) (indecent 

12 liberty with a child), dishonorable discharge, for13 feiture of all pay and allowances, and confinement for 

14 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 (n) 

21 (indecent exposure), dishonorable discharge, forfeiture 

22 of all pay and allowances, and confinement for 1 

23 year. 

24 (c) EFFECTIVE DATE.—The amendments made by sub25 section (a) shall take effect 1 year after the date of the enact-
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1 ment of this Act and section 920 of title 10, United States 

2 Code (article 120 of the Uniform Code of Military Justice), 

3 as amended by subsection (a), shall apply with respect to 

4 offenses committed on or after that effective date. 

5 (d) CONFORMING AMENDMENT.—Section 918 of title 

6 10, United States Code (article 118 of the Uniform Code 

7 of Military Justice), is amended in paragraph (4) by strik8 ing ‘‘rape,’’ and inserting ‘‘rape, rape of a child, aggravated 

9 sexual assault, aggravated sexual assault of a child, aggra10 vated sexual contact, aggravated sexual abuse of a child, 

11 aggravated sexual contact with a child,’’. 

12 Subtitle G—Assistance to Local 

13 Educational Agencies for De14 fense Dependents Education 

15 SEC. 561. ENROLLMENT IN OVERSEAS SCHOOLS OF DE16 FENSE DEPENDENTS’ EDUCATION SYSTEM OF 

17 CHILDREN OF CITIZENS OR NATIONALS OF 

18 THE UNITED STATES HIRED IN OVERSEAS 

19 AREAS AS FULL-TIME DEPARTMENT OF DE20 FENSE EMPLOYEES. 

21 Paragraph (2) of section 1414 of the Defense Depend22 ents’ Education Act of 1978 (20 U.S.C. 932) is amended 

23 to read as follows: 

24 ‘‘(2) The term ‘sponsor’ means a person who is— 
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1 ‘‘(A) a member of the Armed Forces serving 

2 on active duty who— 

3 ‘‘(i) is authorized to transport depend4 ents to or from an overseas area at Govern5 ment expense; and 

6 ‘‘(ii) is provided an allowance for liv7 ing quarters in that area; 

8 ‘‘(B) a full-time civilian officer or employee 

9 of the Department of Defense who— 

10 ‘‘(i) is a citizen or national of the 

11 United States; 

12 ‘‘(ii) is authorized to transport depend13 ents to or from an overseas area at Govern14 ment expense; and 

15 ‘‘(iii) is provided an allowance for liv16 ing quarters in that area; or 

17 ‘‘(C) a full-time civilian officer or employee 

18 of the Department of Defense who— 

19 ‘‘(i) is a citizen or national of the 

20 United States; 

21 ‘‘(ii) resided in an overseas area at the 

22 time of the person’s employment; and 

23 ‘‘(iii) is employed by the Department 

24 of Defense in that area.’’. 
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1 SEC. 562. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES 

2 THAT BENEFIT DEPENDENTS OF MEMBERS 

3 OF THE ARMED FORCES AND DEPARTMENT 

4 OF DEFENSE CIVILIAN EMPLOYEES. 

5 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT

6 NUMBERS OF MILITARY DEPENDENT STUDENTS.— 

7 (1) ASSISTANCE AUTHORIZED.—The Secretary of 

8 Defense shall provide financial assistance to an eligi9 ble local educational agency described in paragraph 

10 (2) if, without such assistance, the local educational 

11 agency will be unable (as determined by the Secretary 

12 of Defense in consultation with the Secretary of Edu13 cation) to provide the students in the schools of the 

14 local educational agency with a level of education 

15 that is equivalent to the minimum level of education 

16 available in the schools of the other local educational 

17 agencies in the same State. 

18 (2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.— 

19 A local educational agency is eligible for assistance 

20 under this subsection for a fiscal year if at least 20 

21 percent (as rounded to the nearest whole percent) of 

22 the students in average daily attendance in the 

23 schools of the local educational agency during the pre24 ceding school year were military dependent students 

25 counted under section 8003(a)(1) of the Elementary 
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1 and Secondary Education Act of 1965 (20 U.S.C. 

2 7703(a)(1)). 

3 (b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT

4 CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE

5 CHANGES, OR FORCE RELOCATIONS.— 

6 (1) ASSISTANCE AUTHORIZED.—To assist com7 munities in making adjustments resulting from 

8 changes in the size or location of the Armed Forces, 

9 the Secretary of Defense shall provide financial assist10 ance to an eligible local educational agency described 

11 in paragraph (2) if, during the period between the 

12 end of the school year preceding the fiscal year for 

13 which the assistance is authorized and the beginning 

14 of the school year immediately preceding that school 

15 year, the local educational agency had (as determined 

16 by the Secretary of Defense in consultation with the 

17 Secretary of Education) an overall increase or reduc18 tion of— 

19 (A) not less than five percent in the average 

20 daily attendance of military dependent students 

21 in the schools of the local educational agency; or 

22 (B) not less than 250 military dependent 

23 students in average daily attendance in the 

24 schools of the local educational agency. 
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1 (2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.— 

2 A local educational agency is eligible for assistance 

3 under this subsection for a fiscal year if — 

4 (A) the local educational agency is eligible 

5 for assistance under subsection (a) for the same 

6 fiscal year, or would have been eligible for such 

7 assistance if not for the reduction in military de8 pendent students in schools of the local edu9 cational agency; and 

10 (B) the overall increase or reduction in 

11 military dependent students in schools of the 

12 local educational agency is the result of the clo13 sure or realignment of military installations 

14 under the base closure process or the relocation 

15 of members of the Armed Forces and civilian em16 ployees of the Department of Defense as part of 

17 force structure changes or movements of units or 

18 personnel between military installations. 

19 (3) CALCULATION OF AMOUNT OF ASSISTANCE.— 

20 (A) PRO RATA DISTRIBUTION.—The amount 

21 of the assistance provided under this subsection 

22 to a local educational agency that is eligible for 

23 such assistance for a fiscal year shall be equal to 

24 the product obtained by multiplying— 
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1 (i) the per-student rate determined 

2 under subparagraph (B) for that fiscal 

3 year; by 

4 (ii) the net of the overall increases and 

5 reductions in the number of military de6 pendent students in schools of the local edu7 cational agency, as determined under para8 graph (1). 

9 (B) PER-STUDENT RATE.—For purposes of 

10 subparagraph (A)(i), the per-student rate for a 

11 fiscal year shall be equal to the dollar amount 

12 obtained by dividing— 

13 (i) the total amount of funds made 

14 available for that fiscal year to provide as15 sistance under this subsection; by 

16 (ii) the sum of the overall increases 

17 and reductions in the number of military 

18 dependent students in schools of all eligible 

19 local educational agencies for that fiscal 

20 year under this subsection. 

21 (c) NOTIFICATION.—Not later than June 30, 2006, and 

22 June 30 of each fiscal year thereafter for which funds are 

23 made available to carry out this section, the Secretary of 

24 Defense shall notify each local educational agency that is 
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1 eligible for assistance under this section for that fiscal year 

2 of— 

3 (1) the eligibility of the local educational agency 

4 for the assistance, including whether the agency is eli5 gible for assistance under either subsection (a) or (b) 

6 or both subsections; and 

7 (2) the amount of the assistance for which the 

8 local educational agency is eligible. 

9 (d) DISBURSEMENT OF FUNDS.—The Secretary of De10 fense shall disburse assistance made available under this 

11 section for a fiscal year not later than 30 days after the 

12 date on which notification to the eligible local educational 

13 agencies is provided pursuant to subsection (c) for that fis14 cal year. 

15 (e) FINDING FOR FISCAL YEAR 2006.—Of the amount 

16 authorized to be appropriated pursuant to section 301(5) 

17 for operation and maintenance for Defense-wide activi18 ties— 

19 (1) $50,000,000 shall be available only for the 

20 purpose of providing assistance to local educational 

21 agencies under subsection (a); and 

22 (2) $10,000,000 shall be available only for the 

23 purpose of providing assistance to local educational 

24 agencies under subsection (b). 

25 (f) DEFINITIONS.—In this section: 
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1 (1) The term ‘‘base closure process’’ means the 

2 2005 base closure and realignment process authorized 

3 by Defense Base Closure and Realignment Act of 1990 

4 (part A of title XXIX of Public Law 101–510; 10 

5 U.S.C. 2687 note) or any base closure and realign6 ment process conducted after the date of the enact7 ment of this Act under section 2687 of title 10, 

8 United States Code, or any other similar law enacted 

9 after that date. 

10 (2) The term ‘‘local educational agency’’ has the 

11 meaning given that term in section 8013(9) of the El12 ementary and Secondary Education Act of 1965 (20 

13 U.S.C. 7713(9)). 

14 (3) The term ‘‘military dependent students’’ re15 fers to— 

16 (A) elementary and secondary school stu17 dents who are dependents of members of the 

18 Armed Forces; and 

19 (B) elementary and secondary school stu20 dents who are dependents of civilian employees 

21 of the Department of Defense. 

22 (4) The term ‘‘State’’ means each of the 50 

23 States and the District of Columbia. 

24 (g) REPEAL OF FORMER AUTHORITY.—Section 386 of 

25 the National Defense Authorization Act for Fiscal Year 
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1 1993 (Public Law 102–484; 20 U.S.C. 7703 note) is re2 pealed. The repeal of such section shall not affect the dis3 tribution of assistance to local educational agencies under 

4 section 559 of the Ronald W. Reagan National Defense Au5 thorization Act for Fiscal Year 2005 (Public Law 108–375; 

6 118 Stat. 1917) for fiscal year 2005. 

7 SEC. 563. CONTINUATION OF IMPACT AID ASSISTANCE ON 

8 BEHALF OF DEPENDENTS OF CERTAIN MEM9 BERS DESPITE CHANGE IN STATUS OF MEM10 BER. 

11 (a) SPECIAL RULE.—For purposes of computing the 

12 amount of a payment for an eligible local educational agen13 cy under subsection (a) of section 8003 of the Elementary 

14 and Secondary Education Act (20 U.S.C. 7703) for school 

15 year 2005–2006, the Secretary of Education shall continue 

16 to count as a child enrolled in a school of such agency under 

17 such subsection any child who— 

18 (1) would be counted under paragraph (1)(B) of 

19 such subsection to determine the number of children 

20 who were in average daily attendance in the school; 

21 but 

22 (2) due to the deployment of both parents or 

23 legal guardians of the child, the deployment of a par24 ent or legal guardian having sole custody of the child, 

25 or the death of a military parent or legal guardian 
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1 while on active duty (so long as the child resides on 

2 Federal property (as defined in section 8013(5) of 

3 such Act (20 U.S.C. 7713(5))), is not eligible to be so 

4 counted. 

5 (b) TERMINATION.—The special rule provided under 

6 subsection (a) applies only so long as the children covered 

7 by such subsection remain in average daily attendance at 

8 a school in the same local educational agency they attended 

9 before their change in eligibility status. 

10 Subtitle H—Decorations and 

11 Awards 

12 SEC. 565. COLD WAR VICTORY MEDAL. 

13 (a) AUTHORITY.—Chapter 57 of title 10, United States 

14 Code, is amended by adding at the end the following new 

15 section: 

16 ‘‘§ 1134. Cold War Victory Medal 

17 ‘‘(a) MEDAL AUTHORIZED.—The Secretary concerned 

18 shall issue a service medal, to be known as the ‘Cold War 

19 Victory Medal’, to persons eligible to receive the medal 

20 under subsection (b). The Cold War Victory Medal shall be 

21 of an appropriate design approved by the Secretary of De22 fense, with ribbons, lapel pins, and other appurtenances. 

23 ‘‘(b) ELIGIBLE PERSONS.—The following persons are 

24 eligible to receive the Cold War Victory Medal: 

25 ‘‘(1) A person who— 
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1 ‘‘(A) performed active duty or inactive duty 

2 training as an enlisted member during the Cold 

3 War; 

4 ‘‘(B) completed the person’s initial term of 

5 enlistment or, if discharged before completion of 

6 such initial term of enlistment, was honorably 

7 discharged after completion of not less than 180 

8 days of service on active duty; and 

9 ‘‘(C) has not received a discharge less favor10 able than an honorable discharge or a release 

11 from active duty with a characterization of serv12 ice less favorable than honorable. 

13 ‘‘(2) A person who— 

14 ‘‘(A) performed active duty or inactive duty 

15 training as a commissioned officer or warrant 

16 officer during the Cold War; 

17 ‘‘(B) completed the person’s initial service 

18 obligation as an officer or, if discharged or sepa19 rated before completion of such initial service ob20 ligation, was honorably discharged after comple21 tion of not less than 180 days of service on active 

22 duty; and 

23 ‘‘(C) has not been released from active duty 

24 with a characterization of service less favorable 

25 than honorable and has not received a discharge 
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1 or separation less favorable than an honorable 

2 discharge. 

3 ‘‘(c) ONE AWARD AUTHORIZED.—Not more than one 

4 Cold War Victory Medal may be issued to any person. 

5 ‘‘(d) ISSUANCE TO REPRESENTATIVE OF DECEASED.— 

6 If a person described in subsection (b) dies before being 

7 issued the Cold War Victory Medal, the medal shall be 

8 issued to the person’s representative, as designated by the 

9 Secretary concerned. 

10 ‘‘(e) REPLACEMENT.—Under regulations prescribed by 

11 the Secretary concerned, a Cold War Victory Medal that 

12 is lost, destroyed, or rendered unfit for use without fault 

13 or neglect on the part of the person to whom it was issued 

14 may be replaced without charge. 

15 ‘‘(f) APPLICATION FOR MEDAL.—The Cold War Vic16 tory Medal shall be issued upon receipt by the Secretary 

17 concerned of an application for such medal, submitted in 

18 accordance with such regulations as the Secretary pre19 scribes. 

20 ‘‘(g) UNIFORM REGULATIONS.—The Secretary of De21 fense shall ensure that regulations prescribed by the Secre22 taries of the military departments under this section are 

23 uniform so far as is practicable. 
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1 ‘‘(h) DEFINITION.—In this section, the term ‘Cold War’ 

2 means the period beginning on September 2, 1945, and end3 ing at the end of December 26, 1991.’’. 

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

5 the beginning of such chapter is amended by adding at the 

6 end the following new item: 

‘‘1134. Cold War Victory Medal.’’. 

7 SEC. 566. ESTABLISHMENT OF COMBAT MEDEVAC BADGE. 

8 (a) ARMY.— 

9 (1) IN GENERAL.—Chapter 357 of title 10, 

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

11 the following new section: 

12 ‘‘§ 3757. Combat Medevac Badge 

13 ‘‘(a) The Secretary of the Army shall issue a badge 

14 of appropriate design, to be known as the Combat Medevac 

15 Badge, to each person who while a member of the Army 

16 served in combat on or after June 25, 1950, as a pilot or 

17 crew member of a helicopter medical evacuation ambulance 

18 and who meets the requirements for the award of that badge. 

19 ‘‘(b) The Secretary of the Army shall prescribe require20 ments for eligibility for the Combat Medevac Badge.’’. 

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions at the beginning of such chapter is amended by 

23 adding at the end the following new item: 

‘‘3757. Combat Medevac Badge.’’. 

24 (b) NAVY AND MARINE CORPS.— 
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1 (1) IN GENERAL.—Chapter 567 of title 10, 

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

3 the following new section: 

4 ‘‘§ 6259. Combat Medevac Badge 

5 ‘‘(a) The Secretary of the Navy shall issue a badge of 

6 appropriate design, to be known as the Combat Medevac 

7 Badge, to each person who while a member of the Navy or 

8 Marine Corps served in combat on or after June 25, 1950, 

9 as a pilot or crew member of a helicopter medical evacu10 ation ambulance and who meets the requirements for the 

11 award of that badge. 

12 ‘‘(b) The Secretary of the Navy shall prescribe require13 ments for eligibility for the Combat Medevac Badge.’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of such chapter is amended by 

16 adding at the end the following new item: 

‘‘6259. Combat Medevac Badge.’’. 

17 (c) AIR FORCE.— 

18 (1) IN GENERAL.—Chapter 857 of title 10, 

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

20 the following new section: 

21 ‘‘§ 8757. Combat Medevac Badge 

22 ‘‘(a) The Secretary of the Air Force shall issue a badge 

23 of appropriate design, to be known as the Combat Medevac 

24 Badge, to each person who while a member of the Air Force 

25 served in combat on or after June 25, 1950, as a pilot or 
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1 crew member of a helicopter medical evacuation ambulance 

2 and who meets the requirements for the award of that badge. 

3 ‘‘(b) The Secretary of the Air Force shall prescribe re4 quirements for eligibility for the Combat Medevac Badge.’’. 

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of such chapter is amended by 

7 adding at the end the following new item: 

‘‘8757. Combat Medevac Badge.’’. 

8 (d) AWARD FOR SERVICE BEFORE DATE OF ENACT9 MENT.—In the case of persons who, while a member of the 

10 Armed Forces, served in combat as a pilot or crew member 

11 of a helicopter medical evacuation ambulance during the 

12 period beginning on June 25, 1950, and ending on the date 

13 of enactment of this Act, the Secretary of the military de14 partment concerned shall issue the Combat Medevac 

15 Badge— 

16 (1) to each such person who is known to the Sec17 retary before the date of enactment of this Act; and 

18 (2) to each such person with respect to whom an 

19 application for the issuance of the badge is made to 

20 the Secretary after such date in such manner, and 

21 within such time period, as the Secretary may re22 quire. 
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1 SEC. 567. ELIGIBILITY FOR OPERATION ENDURING FREE2 DOM CAMPAIGN MEDAL. 

3 For purposes of eligibility for the campaign medal for 

4 Operation Enduring Freedom established pursuant to Pub5 lic Law 108–234 (10 U.S.C. 1121 note), the beginning date 

6 of Operation Enduring Freedom is September 11, 2001. 

7 Subtitle I—Other Matters 

8 SEC. 571. EXTENSION OF WAIVER AUTHORITY OF SEC9 RETARY OF EDUCATION WITH RESPECT TO 

10 STUDENT FINANCIAL ASSISTANCE DURING A 

11 WAR OR OTHER MILITARY OPERATION OR NA12 TIONAL EMERGENCY. 

13 Section 6 of the Higher Education Relief Opportuni14 ties for Students Act of 2003 (20 U.S.C. 1070 note) is 

15 amended by striking ‘‘September 30, 2005’’ and inserting 

16 ‘‘September 30, 2007’’. 

17 SEC. 572. ADOPTION LEAVE FOR MEMBERS OF THE ARMED 

18 FORCES ADOPTING CHILDREN. 

19 (a) AUTHORITY.—Section 701 of title 10, United 

20 States Code, is amended by adding at the end the following 

21 new subsection: 

22 ‘‘(i)(1) Under regulations prescribed by the Secretary 

23 of Defense, a member of the armed forces adopting a child 

24 in a qualifying child adoption is allowed up to 21 days 

25 of leave in a calendar year to be used in connection with 

26 the adoption. 
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1 ‘‘(2) For the purpose of this subsection, an adoption 

2 of a child by a member is a qualifying child adoption if 

3 the member is eligible for reimbursement of qualified adop4 tion expenses for such adoption under section 1052 of this 

5 title. 

6 ‘‘(3) In the event that two members of the armed forces 

7 who are spouses of each other adopt a child in a qualifying 

8 child adoption, only one such member shall be allowed leave 

9 under this subsection. Those members shall elect which of 

10 them shall be allowed such leave. 

11 ‘‘(4) Leave under paragraph (1) is in addition to other 

12 leave provided under other provisions of this section.’’. 

13 (b) EFFECTIVE DATE.—Subsection (i) of section 701 

14 of title 10, United States Code (as added by subsection (a)), 

15 shall take effect on October 1, 2005. 

16 SEC. 573. REPORT ON NEED FOR A PERSONNEL PLAN FOR 

17 LINGUISTS IN THE ARMED FORCES. 

18 (a) NEED ASSESSMENT.—The Secretary of Defense 

19 shall review the career tracks of members of the Armed 

20 Forces who are linguists in an effort to improve the man21 agement of linguists (in enlisted grades or officer grades, 

22 or both) and to assist them in reaching their full linguistic 

23 and analytical potential over a 20-year career. As part of 

24 such review, the Secretary shall assess the need for a com25 prehensive plan to better manage the careers of military 
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1 linguists (in enlisted grades or officer grades, or both) and 

2 to ensure that such linguists have an opportunity to 

3 progress in grade and are provided opportunities to en4 hance their language and cultural skills. As part of the re5 view, the Secretary shall consider personnel management 

6 methods such as enhanced bonuses, immersion opportuni7 ties, specialized career fields, establishment of a dedicated 

8 career path for linguists, and career monitoring to ensure 

9 career progress for linguists serving in duty assignments 

10 that are not linguist related. 

11 (b) REPORT.—Not later than 180 days after the date 

12 of the enactment of this Act, the Secretary of Defense shall 

13 submit to the Committees on Armed Services of the Senate 

14 and House of Representatives a report on the review and 

15 assessment conducted under subsection (a). The report shall 

16 include the findings, results, and conclusions of the Sec17 retary’s review and assessment of the careers of officer and 

18 enlisted linguists in the Armed Forces and the need for a 

19 comprehensive plan to ensure effective career management 

20 of linguists. 

21 SEC. 574. GROUND COMBAT AND OTHER EXCLUSION POLI22 CIES. 

23 (a) IN GENERAL.— 
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1 (1) CODIFICATION.—Chapter 37 of title 10, 

2 United States Code, is amended by inserting after sec3 tion 651 the following new section: 

4 ‘‘§ 652. Assignment eligibility; direct ground combat 

5 and other exclusions applicable to female 

6 members 

7 ‘‘(a) GENERAL RULE.—A member of the armed forces 

8 is eligible to be assigned to all positions for which qualified, 

9 except that female members of the armed forces shall be ex10 cluded from assignment to units below brigade level the pri11 mary mission of which is to engage in direct ground com12 bat. 

13 ‘‘(b) ADDITIONAL RESTRICTIONS.—In addition to the 

14 limitation under subsection (a), female members of the 

15 armed forces may be excluded from assignment to a unit, 

16 or a position, as follows: 

17 ‘‘(1) Where the Secretary concerned determines 

18 that the costs of appropriate berthing and privacy ar19 rangements would be prohibitive. 

20 ‘‘(2) Where the unit, or the position, is doc21 trinally required to physically collocate and remain 

22 with a direct ground combat unit to which female 

23 members may not be assigned. 
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1 ‘‘(3) Where the unit is engaged in long-range re2 connaissance operations or Special Operations Forces 

3 missions. 

4 ‘‘(4) Where job-related physical requirements 

5 would necessarily exclude the vast majority of female 

6 members. 

7 ‘‘(c) CLOSURE OF OCCUPATIONAL SPECIALTIES.— 

8 ‘‘(1) Any military career designator related to 

9 military operations on the ground that is covered by 

10 paragraph (2) and that as of May 18, 2005, is closed 

11 (in whole or in part) to the assignment of female 

12 members shall remain closed (in the same manner) to 

13 the assignment of female members. 

14 ‘‘(2) Paragraph (1) applies— 

15 ‘‘(A) for enlisted members and warrant offi16 cers, to military occupational specialties, spe17 cialty codes, enlisted designators, additional skill 

18 identifiers, and special qualification identifiers; 

19 and 

20 ‘‘(B) for officers (other than warrant offi21 cers), to officer areas of concentration, occupa22 tional specialties, specialty codes, designators, 

23 additional skill identifiers, and special qualifica24 tion identifiers. 
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1 ‘‘(d) NOTICE TO CONGRESS OF PROPOSED CHANGES

2 IN UNITS, ASSIGNMENTS, ETC. TO WHICH FEMALE MEM3 BERS MAY BE ASSIGNED.— 

4 ‘‘(1) NOTICE.—Except in a case covered by sec5 tion 6035 of this title, whenever the Secretary of De6 fense or the Secretary of a military department pro7 poses to make a change to military personnel policies 

8 described in paragraph (2), the Secretary shall, not 

9 less than 30 days before such change is implemented, 

10 submit to the Committee on Armed Services of the 

11 Senate and the Committee on Armed Services of the 

12 House of Representatives notice, in writing, of the 

13 proposed change. 

14 ‘‘(2) COVERED PERSONNEL POLICY CHANGES.— 

15 Paragraph (1) applies to a proposed military per16 sonnel policy change that would make available to fe17 male members of the armed forces assignment to any 

18 of the following that, as of the date of the proposed 

19 change, is closed to such assignment: 

20 ‘‘(A) Any type of existing or new unit, posi21 tion, or other assignment (other than an assign22 ment covered by the exclusions required by sub23 sections (a) and (c)). 

24 ‘‘(B) Any class of combat vessel. 

25 ‘‘(C) Any type of combat platform. 
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1 ‘‘(e) DIRECT GROUND COMBAT DEFINED.—In this sec2 tion, the term ‘direct ground combat’ means engaging an 

3 enemy on the ground with individual or crew-served weap4 ons, while being exposed to hostile fire and to a high prob5 ability of direct physical contact with personnel of the hos6 tile force, and when well forward on the battlefield while 

7 locating and closing with the enemy to defeat them by fire, 

8 maneuver, or shock effect.’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of such chapter is amended by 

11 inserting after the item relating to section 651 the fol12 lowing new item: 

‘‘652. Assignment eligibility; direct ground combat and other exclusions applicable 

to female members.’’. 

13 (b) REPORT ON POSITIONS OPENED TO FEMALE MEM14 BERS SINCE JULY 1994.— 

15 (1) REPORT.—Not later than March 30, 2006, 

16 the Secretary of Defense shall submit to Congress a 

17 detailed report of all units, positions, military occu18 pational specialties, career fields, and other assign19 ments that— 

20 (A) were reported to Congress on July 28, 

21 1994, as being closed to the assignment of female 

22 members of the Armed Forces; and 

23 (B) have since that date been opened to the 

24 assignment of female members. 
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1 (2) MATTERS TO BE INCLUDED.—The report 

2 under paragraph (1) shall include the following: 

3 (A) A detailed description of, and justifica4 tion for, each of the changes identified under that 

5 paragraph. 

6 (B) For any unit or position that was re7 ported closed to the assignment of female mem8 bers as described in subparagraph (A) of para9 graph (1) that no longer exists in the service in10 ventory, identification of the successor unit per11 forming the function and whether that successor 

12 unit is open or closed to the assignment of female 

13 members. 

14 (c) LIST OF UNITS, POSITIONS, ETC., CLOSED TO FE15 MALE MEMBERS.—At the same time the report under sub16 section (b) is submitted to Congress, the Secretary of Defense 

17 shall submit to Congress a report providing— 

18 (1) a list of the military career designators cov19 ered by paragraph (2) of section 652(c) of title 10, 

20 United States Code (as added by subsection (a)(1)), 

21 that were closed (in whole or in part) to the assign22 ment of female members of the Armed Forces as of 

23 May 18, 2005, and that, pursuant to paragraph (1) 

24 of that section, are required to remain closed to the 
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1 assignment of female members of the Armed Forces; 

2 and 

3 (2) for each such military career designator— 

4 (A) specification of whether that designator 

5 is closed to the assignment of female members in 

6 whole or in part; and 

7 (B) the numbers of positions that are closed 

8 to the assignment of female members. 

9 (d) CONFORMING REPEAL.—Section 542 of the Na10 tional Defense Authorization Act for Fiscal Year 1994 (10 

11 U.S.C. 113 note) is repealed. 

12 TITLE VI—COMPENSATION AND 

13 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 low-income 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. 
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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. 

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. 
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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. 

Sec. 676. Special compensation for reserve component members who are also tobacco farmers adversely affected by terms of tobacco quota 

buyout. 

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 ad4 justment to become effective during fiscal year 2006 re5 quired by section 1009 of title 37, United States Code, in 

6 the rates of monthly basic pay authorized members of the 

7 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 the 

10 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,’’. 
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1 SEC. 603. BASIC PAY RATES FOR RESERVE COMPONENT 

2 MEMBERS SELECTED TO ATTEND MILITARY 

3 SERVICE ACADEMY PREPARATORY SCHOOLS. 

4 (a) PAY EQUITY FOR RESERVES.—Section 203(e)(2) 

5 of title 37, United States Code, is amended— 

6 (1) by striking ‘‘on active duty for a period of 

7 more than 30 days shall continue to receive’’ and in8 serting ‘‘shall receive’’; and 

9 (2) by inserting before the period at the end the 

10 following: ‘‘or at the rate provided for cadets and 

11 midshipmen under subsection (c), whichever is great12 er’’. 

13 (b) EFFECTIVE DATE.—The amendments made by sub14 section (a) shall take effect on the first day of the first 

15 month beginning on or after the date of the enactment of 

16 this Act. 

17 SEC. 604. CLARIFICATION OF RESTRICTION ON COMPENSA18 TION FOR CORRESPONDENCE COURSES. 

19 Section 206(d)(1) of title 37, United States Code, is 

20 amended by inserting after ‘‘reserve component’’ the fol21 lowing: ‘‘or by a member of the National Guard while not 

22 in Federal service’’. 
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1 SEC. 605. PERMANENT AUTHORITY FOR SUPPLEMENTAL 

2 SUBSISTENCE ALLOWANCE FOR LOW-INCOME 

3 MEMBERS WITH DEPENDENTS. 

4 (a) REPEAL OF TERMINATION PROVISION.—Section 

5 402a of title 37, United States Code, is amended by striking 

6 subsection (i). 

7 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

8 Subsection (f) of such section is amended— 

9 (1) in the first sentence, by striking ‘‘Secretary 

10 of Transportation’’ and inserting ‘‘Secretary of 

11 Homeland Security, with respect to the Coast 

12 Guard’’; and 

13 (2) by striking the second sentence. 

14 SEC. 606. BASIC ALLOWANCE FOR HOUSING FOR RESERVE 

15 MEMBERS. 

16 (a) EQUAL TREATMENT OF RESERVE MEMBERS.— 

17 Subsection (g) of section 403 of title 37, United States Code, 

18 is amended—— 

19 (1) by redesignating paragraph (3) as para20 graph (4); 

21 (2) by inserting after paragraph (2) the fol22 lowing new paragraph (3): 

23 ‘‘(3) The rate of basic allowance for housing to 

24 be paid to the following members of a reserve compo25 nent shall be equal to the rate in effect for similarly 
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1 situated members of a regular component of the uni2 formed services: 

3 ‘‘(A) A member who is called or ordered to 

4 active duty for a period of more than 30 days. 

5 ‘‘(B) A member who is called or ordered to 

6 active duty for a period of 30 days or less in 

7 support of a contingency operation.’’; and 

8 (3) in paragraph (4), as so redesignated, by 

9 striking ‘‘less than 140 days’’ and inserting ‘‘30 days 

10 or less’’. 

11 (b) CONFORMING AMENDMENT REGARDING MEMBERS

12 WITHOUT DEPENDENTS.—Paragraph (1) of such subsection 

13 is amended by inserting ‘‘or for a period of more than 30 

14 days’’ after ‘‘in support of a contingency operation’’ both 

15 places it appears. 

16 SEC. 607. OVERSEAS COST OF LIVING ALLOWANCE. 

17 (a) PAYMENT OF ALLOWANCE BASED ON OVERSEAS

18 LOCATION OF DEPENDENTS.—Section 405 of title 37, 

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

20 following new subsection: 

21 ‘‘(e) PAYMENT OF ALLOWANCE BASED ON OVERSEAS

22 LOCATION OF DEPENDENTS.—In the case of a member as23 signed to duty inside the continental United States whose 

24 dependents continue to reside outside of the continental 

25 United States, the Secretary concerned may pay the mem-
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1 ber a per diem under this section based on the location of 

2 the dependents and provide reimbursement under subsection 

3 (d) for an unusual or extraordinary expense incurred by 

4 the dependents if the Secretary determines that such pay5 ment or reimbursement is in the best interest of the member 

6 or the member’s dependents and in the best interest of the 

7 United States.’’. 

8 (b) CLARIFICATION OF EXPENSES ELIGIBLE FOR

9 LUMP-SUM REIMBURSEMENT.—Subsection (d) of such sec10 tion, as added by section 605 of the Ronald W. Reagan Na11 tional Defense Authorization Act for Fiscal Year 2005 (Pub12 lic Law 108–375; 118 Stat. 1945), is further amended— 

13 (1) in the subsection heading, by striking ‘‘NON14 RECURRING’’ and inserting ‘‘UNUSUAL OR EXTRAOR15 DINARY’’; 

16 (2) by inserting ‘‘or (e)’’ after ‘‘subsection (a)’’ 

17 each place it appears; and 

18 (3) in paragraph (1)— 

19 (A) by striking ‘‘a nonrecurring’’ and in20 serting ‘‘an unusual or extraordinary’’ in the 

21 matter preceding subparagraph (A); and 

22 (B) in subparagraph (A), by inserting ‘‘or 

23 the location of the member’s dependents’’ before 

24 the semicolon. 
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1 SEC. 608. INCOME REPLACEMENT PAYMENTS FOR RE2 SERVES EXPERIENCING EXTENDED AND FRE3 QUENT MOBILIZATION FOR ACTIVE DUTY 

4 SERVICE. 

5 (a) IN GENERAL.—Chapter 19 of title 37, United 

6 States Code, is amended by adding at the end the following 

7 new section: 

8 ‘‘§ 910. Replacement of lost income: involuntarily mo9 bilized reserve component members sub10 ject to extended and frequent active duty 

11 service 

12 ‘‘(a) PAYMENT REQUIRED.—The Secretary concerned 

13 shall pay to an eligible member of a reserve component of 

14 the armed forces an amount equal to the monthly active15 duty income differential of the member, as determined by 

16 the Secretary. The payments shall be made on a monthly 

17 basis. 

18 ‘‘(b) ELIGIBILITY.—Subject to subsection (c), a reserve 

19 component member is entitled to a payment under this sec20 tion for any full month of active duty of the member, while 

21 on active duty under an involuntary mobilization order, 

22 following the date on which the member— 

23 ‘‘(1) completes 18 continuous months of service 

24 on active duty under such an order; 

25 ‘‘(2) completes 24 months on active duty during 

26 the previous 60 months under such an order; or 
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1 ‘‘(3) is involuntarily mobilized for service on ac2 tive duty six months or less following the member’s 

3 separation from the member’s previous period of ac4 tive duty. 

5 ‘‘(c) MINIMUM AND MAXIMUM PAYMENT AMOUNTS.— 

6 (1) A payment under this section shall be made to a member 

7 for a month only if the amount of the monthly active-duty 

8 income differential for the month is greater than $50. 

9 ‘‘(2) Notwithstanding the amount determined under 

10 subsection (d) for a member for a month, the monthly pay11 ment to a member under this section may not exceed $3,000. 

12 ‘‘(d) MONTHLY ACTIVE-DUTY INCOME DIFFEREN13 TIAL.—For purposes of this section, the monthly active-duty 

14 income differential of a member is the difference between— 

15 ‘‘(1) the average monthly civilian income of the 

16 member; and 

17 ‘‘(2) the member’s total monthly military com18 pensation. 

19 ‘‘(e) DEFINITIONS.—In this section: 

20 ‘‘(1) The term ‘average monthly civilian income’, 

21 with respect to a member of a reserve component, 

22 means the amount, determined by the Secretary con23 cerned, of the earned income of the member for either 

24 the 12 months preceding the member’s mobilization or 
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1 the 12 months covered by the member’s most recent 

2 Federal income tax filing, divided by 12. 

3 ‘‘(2) The term ‘total monthly military compensa4 tion’ means the amount, computed on a monthly 

5 basis, of the sum of— 

6 ‘‘(A) the amount of the regular military 

7 compensation (RMC) of the member; and 

8 ‘‘(B) any amount of special pay or incen9 tive pay and any allowance (other than an al10 lowance included in regular military compensa11 tion) that is paid to the member on a monthly 

12 basis.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections at 

14 the beginning of such chapter is amended by adding at the 

15 end the following new item: 

‘‘910. Replacement of lost income: involuntarily mobilized reserve component 

members subject to extended and frequent active duty service.’’. 

16 (c) EFFECTIVE DATE.—Section 910 of title 37, United 

17 States Code, as added by subsection (a), shall apply for 

18 months after December 2005. 

19 (d) LIMITATION ON FISCAL YEAR 2006 OBLIGA20 TIONS.—During fiscal year 2006, obligations incurred 

21 under section 910 of title 37, United States Code, to provide 

22 income replacement payments to involuntarily mobilized 

23 members of a reserve component who are subject to extended 
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1 and frequent active duty service may not exceed 

2 $60,000,000. 

3 Subtitle B—Bonuses and Special 

4 and Incentive Pays 

5 SEC. 611. EXTENSION OR RESUMPTION OF CERTAIN BONUS 

6 AND SPECIAL PAY AUTHORITIES FOR RE7 SERVE FORCES. 

8 (a) SELECTED RESERVE REENLISTMENT BONUS.— 

9 Section 308b(g) of title 37, United States Code, is amended 

10 by striking ‘‘December 31, 2005’’ and inserting ‘‘December 

11 31, 2006’’. 

12 (b) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED

13 TO CERTAIN HIGH PRIORITY UNITS.—Section 308d(c) of 

14 such title is amended by striking ‘‘December 31, 2005’’ and 

15 inserting ‘‘December 31, 2006’’. 

16 (c) READY RESERVE ENLISTMENT BONUS FOR PER17 SONS WITHOUT PRIOR SERVICE.—Section 308g(h) of such 

18 title is amended by striking ‘‘September 30, 1992’’ and in19 serting ‘‘December 31, 2006’’. 

20 (d) READY RESERVE ENLISTMENT AND REENLIST21 MENT BONUS FOR PERSONS WITH PRIOR SERVICE.—Sec22 tion 308h(g) of such title is amended by striking ‘‘December 

23 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

24 (e) SELECTED RESERVE ENLISTMENT BONUS FOR

25 PERSONS WITH PRIOR SERVICE.—Section 308i(f) of such 
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1 title is amended by striking ‘‘December 31, 2005’’ and in2 serting ‘‘December 31, 2006’’. 

3 SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL 

4 PAY AUTHORITIES FOR CERTAIN HEALTH 

5 CARE PROFESSIONALS. 

6 (a) NURSE OFFICER CANDIDATE ACCESSION PRO7 GRAM.—Section 2130a(a)(1) of title 10, United States Code, 

8 is amended by striking ‘‘December 31, 2005’’ and inserting 

9 ‘‘December 31, 2006’’. 

10 (b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN

11 HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED

12 RESERVE.—Section 16302(d) of such title is amended by 

13 striking ‘‘January 1, 2006’’ and inserting ‘‘January 1, 

14 2007’’. 

15 (c) ACCESSION BONUS FOR REGISTERED NURSES.— 

16 Section 302d(a)(1) of title 37, United States Code, is 

17 amended by striking ‘‘December 31, 2005’’ and inserting 

18 ‘‘December 31, 2006’’. 

19 (d) INCENTIVE SPECIAL PAY FOR NURSE ANES20 THETISTS.—Section 302e(a)(1) of such title is amended by 

21 striking ‘‘December 31, 2005’’ and inserting ‘‘December 31, 

22 2006’’. 

23 (e) SPECIAL PAY FOR SELECTED RESERVE HEALTH

24 PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIAL-
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1 TIES.—Section 302g(f) of such title is amended by striking 

2 ‘‘December 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

3 (f) ACCESSION BONUS FOR DENTAL OFFICERS.—Sec4 tion 302h(a)(1) of such title is amended by striking ‘‘De5 cember 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

6 (g) ACCESSION BONUS FOR PHARMACY OFFICERS.— 

7 Section 302j(a) of such title is amended by striking ‘‘De8 cember 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

9 SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AU10 THORITIES FOR NUCLEAR OFFICERS. 

11 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS

12 EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(e) 

13 of title 37, United States Code, is amended by striking ‘‘De14 cember 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

15 (b) NUCLEAR CAREER ACCESSION BONUS.—Section 

16 312b(c) of such title is amended by striking ‘‘December 31, 

17 2005’’ and inserting ‘‘December 31, 2006’’. 

18 (c) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.— 

19 Section 312c(d) of such title is amended by striking ‘‘De20 cember 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

21 SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND 

22 SPECIAL PAY AUTHORITIES. 

23 (a) AVIATION OFFICER RETENTION BONUS.—Section 

24 301b(a) of title 37, United States Code, is amended by strik-
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1 ing ‘‘December 31, 2005’’ and inserting ‘‘December 31, 

2 2006’’. 

3 (b) ASSIGNMENT INCENTIVE PAY.—Section 307a(f) of 

4 such title is amended by striking ‘‘December 31, 2006’’ and 

5 inserting ‘‘December 31, 2007’’. 

6 (c) REENLISTMENT BONUS FOR ACTIVE MEMBERS.— 

7 Section 308(g) of such title is amended by striking ‘‘Decem8 ber 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

9 (d) ENLISTMENT BONUS FOR ACTIVE MEMBERS.— 

10 Section 309(e) of such title is amended by striking ‘‘Decem11 ber 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

12 (e) RETENTION BONUS FOR MEMBERS WITH CRITICAL

13 MILITARY SKILLS.—Section 323(i) of such title is amended 

14 by striking ‘‘December 31, 2005’’ and inserting ‘‘December 

15 31, 2006’’. 

16 (f) ACCESSION BONUS FOR NEW OFFICERS IN CRIT17 ICAL SKILLS.—Section 324(g) of such title is amended by 

18 striking ‘‘December 31, 2005’’ and inserting ‘‘December 31, 

19 2006’’. 

20 SEC. 615. EXPANSION OF ELIGIBILITY OF DENTAL OFFI21 CERS FOR ADDITIONAL SPECIAL PAY. 

22 (a) REPEAL OF INTERNSHIP AND RESIDENCY EXCEP23 TION.—Section 302b(a)(4) of title 37, United States Code, 

24 is amended by striking the first sentence and inserting the 

25 following new sentence: ‘‘An officer who is entitled to vari-
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1 able special pay under paragraph (2) or (3) is also entitled 

2 to additional special pay for any 12-month period during 

3 which an agreement executed under subsection (b) is in ef4 fect with respect to the officer.’’. 

5 (b) EFFECTIVE DATE.—The amendment made by sub6 section (a) shall take effect on October 1, 2005. 

7 SEC. 616. INCREASE IN MAXIMUM MONTHLY RATE AUTHOR8 IZED FOR HARDSHIP DUTY PAY. 

9 (a) INCREASE.—Section 305(a) of title 37, United 

10 States Code, is amended by striking ‘‘$300’’ and inserting 

11 ‘‘$750’’. 

12 (b) EFFECTIVE DATE.—The amendment made by sub13 section (a) shall take effect on October 1, 2005. 

14 SEC. 617. FLEXIBLE PAYMENT OF ASSIGNMENT INCENTIVE 

15 PAY. 

16 (a) AUTHORITY TO PROVIDE LUMP SUM OR INSTALL17 MENT PAYMENTS.—Section 307a of title 37, United States 

18 Code, is amended— 

19 (1) in subsection (a), by striking ‘‘monthly’’; 

20 (2) in subsection (b)— 

21 (A) by inserting ‘‘(1)’’ before the first sen22 tence; 

23 (B) in the second sentence, by striking 

24 ‘‘and, subject to subsection (c), the monthly rate 

25 of the incentive pay.’’ and inserting ‘‘, the total 
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1 or monthly amount to be paid under the agree2 ment, and whether the incentive pay will be pro3 vided on a monthly basis, in a lump sum, or in 

4 installments other than monthly.’’; and 

5 (C) by adding at the end the following new 

6 paragraph: 

7 ‘‘(2) The Secretary concerned and a member may agree 

8 to extend an existing agreement under this section to cover 

9 an additional period of service in a designated assign10 ment.’’; and 

11 (3) in subsection (c), by adding at the end the 

12 following new sentences: ‘‘The maximum amount of a 

13 lump sum payment under an agreement under this 

14 section may not exceed the product of the maximum 

15 monthly rate and the number of months covered by 

16 the agreement. Installment payments shall be cal17 culated using the same formula for the months covered 

18 by the installment.’’. 

19 (b) REPAYMENT OF INCENTIVE PAY.—Such section is 

20 further amended— 

21 (1) by redesignating subsection (f), as amended 

22 by section 614(b), as subsection (g); and 

23 (2) by inserting after subsection (e) the following 

24 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 Code, 

11 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’’ and 

16 inserting ‘‘24 years’’. 

17 (b) INCREASE IN AUTHORIZED MAXIMUM AMOUNT OF

18 BONUS.—Paragraph (2)(B) of such subsection is amended 

19 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 312a. 

16 (f) EFFECTIVE DATE.—The amendments made by this 

17 section shall take effect on October 1, 2005. 

18 SEC. 619. REENLISTMENT BONUS FOR MEMBERS OF SE19 LECTED RESERVE. 

20 (a) ELIGIBILITY OF SENIOR ENLISTED MEMBERS.— 

21 Subsection (a)(1) of section 308b of title 37, United States 

22 Code, is amended by striking ‘‘16 years of total military 

23 service’’ and inserting ‘‘20 years of total military 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 extension 

5 of enlistment of a member that, when added to the total 

6 years of service of the member at the time of discharge or 

7 release, exceeds 24 years may not be used in computing the 

8 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 Sec12 retary’’ and inserting ‘‘In time of war or national emer13 gency, 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 37, 

18 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 Sec22 retary concerned may pay an affiliation bonus to an en23 listed 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 Sec2 retary to serve in the Selected Reserve, after being dis3 charged or released from active duty, for a period of 

4 not less than three years in a skill, unit, or pay grade 

5 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 Secretary 

10 concerned may pay an accession bonus to a person who— 

11 ‘‘(1) has not previously served in the armed 

12 forces; and 

13 ‘‘(2) executes a written agreement to serve as an 

14 enlisted member in the Selected Reserve for a period 

15 of not less than three years. 

16 ‘‘(c) LIMITATION ON AMOUNT OF BONUS.—The 

17 amount of a bonus under subsection (a) or (b) may not 

18 exceed $15,000. 

19 ‘‘(d) PAYMENT METHOD.—Upon acceptance of a writ20 ten agreement by the Secretary concerned under subsection 

21 (a) or (b), the total amount of the bonus payable under the 

22 agreement becomes fixed. The agreement shall specify wheth23 er the bonus will be paid by the Secretary in a lump sum 

24 or in installments. 
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1 ‘‘(e) PAYMENT TO MOBILIZED MEMBERS.—A member 

2 of the Selected Reserve entitled to a bonus under this section 

3 who is called or ordered to active duty shall be paid, during 

4 that period of active duty, any amount of the bonus that 

5 becomes payable to the member during that period of active 

6 duty. 

7 ‘‘(f) REPAYMENT.—A person who enters into an agree8 ment under subsection (a) or (b) and receives all or part 

9 of the bonus under the agreement, but who does not com10 mence to serve in the Selected Reserve or does not satisfac11 torily participate in the Selected Reserve for the total period 

12 of service specified in the agreement, shall be subject to the 

13 repayment provisions of section 303a(e) of this title. 

14 ‘‘(g) REGULATIONS.—This section shall be adminis15 tered under regulations prescribed by the Secretary of De16 fense for the armed forces under the jurisdiction of the Sec17 retary of Defense and by the Secretary of Homeland Secu18 rity for the Coast Guard when it is not operating as a serv19 ice in the Navy. 

20 ‘‘(h) TERMINATION OF BONUS AUTHORITY.—No bonus 

21 may be paid under this section with respect to any agree22 ment under subsection (a) or (b) entered into after Decem23 ber 31, 2006.’’. 

24 (b) REPEAL OF SEPARATE RESERVE AFFILIATION

25 BONUS.—Section 308e of such title is repealed. 
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1 (c) CLERICAL AMENDMENTS.—The table of sections at 

2 the beginning of chapter 5 of such title is amended— 

3 (1) by striking the item relating to section 308c 

4 and inserting the following new item: 

‘‘308c. Special pay: bonus for affiliation or enlistment the Select Reserve.’’ 

5 (2) by striking the item relating to section 308e. 

6 (d) LIMITATION ON FISCAL YEAR 2006 OBLIGA7 TIONS.—During fiscal year 2006, obligations incurred 

8 under section 308c of title 37, United States Code, to pro9 vide bonuses for affiliation or enlistment in the Select Re10 serve using the expanded authority provided by the amend11 ment made by subsection (a) may not exceed $30,000,000. 

12 The bonus authority available under such section shall not 

13 be considered to be an expanded authority to the extent that 

14 the authority was available under section 308e of such title, 

15 before the repeal of such section by subsection (b). 

16 SEC. 621. ELIGIBILITY REQUIREMENTS FOR PRIOR SERVICE 

17 ENLISTMENT BONUS. 

18 Section 308i(a)(2) of title 37, United States Code, is 

19 amended by striking subparagraph (A) and inserting the 

20 following new subparagraph: 

21 ‘‘(A) The person has not more than 16 years of 

22 total military service and received an honorable dis23 charge at the conclusion of all prior periods of serv24 ice.’’. 
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1 SEC. 622. INCREASE IN AUTHORIZED MAXIMUM AMOUNT OF 

2 ENLISTMENT BONUS. 

3 (a) INCREASE.—Section 309(a) of title 37, United 

4 States Code, is amended by striking ‘‘$20,000’’ and insert5 ing ‘‘$30,000’’. 

6 (b) LIMITATION ON FISCAL YEAR 2006 OBLIGA7 TIONS.—During fiscal year 2006, obligations incurred 

8 under section 309 of title 37, United States Code, to provide 

9 enlistment bonuses in the increased amounts authorized by 

10 the amendment made by subsection (a) may not exceed 

11 $30,000,000. 

12 SEC. 623. DISCRETION OF SECRETARY OF DEFENSE TO AU13 THORIZE RETROACTIVE HOSTILE FIRE AND 

14 IMMINENT DANGER PAY. 

15 Section 310(c) of title 37, United States Code, is 

16 amended— 

17 (1) by redesignating paragraphs (1) and (2) as 

18 paragraphs (2) and (3), respectively; and 

19 (2) by inserting before paragraph (2), as so re20 designated, the following new paragraph (1): 

21 ‘‘(1) In the case of an area described in subparagraph 

22 (B) or (D) of subsection (a)(2), the Secretary of Defense 

23 shall be responsible for designating the period during which 

24 duty in the area will qualify members for special pay under 

25 this section. The effective date designated for the commence26 ment of such a period may be a date occurring before, on, 
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1 or after the actual date on which the Secretary makes the 

2 designation. If the commencement date for such a period 

3 is a date occurring before the date on which the Secretary 

4 makes the designation, the payment of special pay under 

5 this section for the period between the commencement date 

6 and the date on which the Secretary made the designation 

7 shall be subject to the availability of appropriated funds 

8 for that purpose.’’. 

9 SEC. 624. INCREASE IN MAXIMUM BONUS AMOUNT FOR NU10 CLEAR-QUALIFIED OFFICERS EXTENDING PE11 RIOD OF ACTIVE DUTY. 

12 Section 312(a) of title 37, United States Code, is 

13 amended by striking ‘‘$25,000’’ and inserting ‘‘$30,000’’. 

14 SEC. 625. INCREASE IN MAXIMUM AMOUNT OF NUCLEAR CA15 REER ANNUAL INCENTIVE BONUS FOR NU16 CLEAR-QUALIFIED OFFICERS TRAINED WHILE 

17 SERVING AS ENLISTED MEMBERS. 

18 Section 312c(b)(1) of title 37, United States Code, is 

19 amended by striking ‘‘$10,000’’ and inserting ‘‘14,000’’. 
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1 SEC. 626. UNIFORM PAYMENT OF FOREIGN LANGUAGE PRO2 FICIENCY PAY TO ELIGIBLE RESERVE COMPO3 NENT MEMBERS AND REGULAR COMPONENT 

4 MEMBERS. 

5 (a) AVAILABILITY OF BONUS IN LIEU OF MONTHLY

6 SPECIAL PAY.—Subsection (a) of section 316 of title 37, 

7 United States Code, is amended— 

8 (1) by striking ‘‘monthly special pay’’ and in9 serting ‘‘a bonus’’; and 

10 (2) by striking ‘‘is entitled to basic pay under 

11 section 204 of this title and who’’. 

12 (b) PAYMENT OF BONUS.—Such section is further 

13 amended— 

14 (1) by striking subsections (b), (d), (e), and (g); 

15 (2) by redesignating subsections (f) and (h) as 

16 subsections (d) and (f) respectively; 

17 (3) by inserting after subsection (a) the following 

18 new subsection (b): 

19 ‘‘(b) BONUS AMOUNT; TIME FOR PAYMENT.—A bonus 

20 under subsection (a) may not exceed $12,000 per one-year 

21 certification period. The Secretary concerned may pay the 

22 bonus in a single lump sum at the beginning of the certifi23 cation period or in installments during the certification pe24 riod. The bonus is in addition to any other pay or allow25 ance payable to a member under any other provision of 

26 law.’’. 
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1 (c) CONFORMING AMENDMENTS.—Such section is fur2 ther amended— 

3 (1) in subsection (c)— 

4 (A) by striking ‘‘special pay or’’ both places 

5 it appears; and 

6 (B) by striking ‘‘or (b)’’; 

7 (2) in subsection (d), as redesignated by sub8 section (b)(2)— 

9 (A) in paragraph (1)— 

10 (i) by striking ‘‘monthly special pay 

11 or’’ in the matter preceding subparagraph 

12 (A); and 

13 (ii) in subparagraph (C), by striking 

14 ‘‘for receipt’’ and all that follows through 

15 the period at the end and inserting ‘‘under 

16 subsection (a)’’; 

17 (B) in paragraph (2), by striking ‘‘For pur18 poses’’ and all that follows through ‘‘the Sec19 retary concerned’’ and inserting ‘‘The Secretary 

20 concerned’’; 

21 (C) in paragraph (3)— 

22 (i) by striking ‘‘special pay or’’ both 

23 places it appears; and 

24 (ii) by striking ‘‘subsection (h)’’ and 

25 inserting ‘‘subsection (f)’’; and 
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1 (D) in paragraph (4), by striking ‘‘sub2 section (g)’’ and inserting ‘‘section 303a(e) of 

3 this title’’; and 

4 (3) by inserting after such subsection (d) the fol5 lowing new subsection (e): 

6 ‘‘(e) REPAYMENT.—A member who receives a bonus 

7 under this section, but who does not satisfy an eligibility 

8 requirement specified in paragraph (1), (2), (3), or (4) of 

9 subsection (a) for the entire certification period, shall be 

10 subject to the repayment provisions of section 303a(e) of this 

11 title.’’. 

12 (d) CLERICAL AMENDMENTS.— 

13 (1) SECTION HEADING.—The heading of such sec14 tion is amended to read as follows: 

15 ‘‘§ 316. Special pay: bonus for members with foreign 

16 language proficiency’’. 

17 (2) TABLE OF SECTIONS.—The table of sections 

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

19 by striking the item relating to section 316 and in20 serting the following new item: 

‘‘316: Special pay: bonus for members with foreign language proficiency.’’. 
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1 SEC. 627. RETENTION BONUS FOR MEMBERS QUALIFIED IN 

2 CERTAIN CRITICAL SKILLS OR SATISFYING 

3 OTHER ELIGIBILITY CRITERIA. 

4 (a) AVAILABILITY OF BONUS FOR RESERVE COMPO5 NENT MEMBERS.—Section 323 of title 37, United States 

6 Code, is amended— 

7 (1) in subsection (a)— 

8 (A) in the matter preceding paragraph (1), 

9 by striking ‘‘who is serving on active duty and’’ 

10 and inserting ‘‘who is serving on active duty in 

11 a regular component or in an active status in a 

12 reserve component and who’’; 

13 (B) in paragraph (1), by inserting ‘‘or to 

14 remain in an active status in a reserve compo15 nent for at least one year’’ before the semicolon; 

16 and 

17 (C) in paragraph (3), by inserting ‘‘or to 

18 remain in an active status in a reserve compo19 nent for a period of at least one year’’ before the 

20 period; and 

21 (2) in subsection (e)(1), by inserting ‘‘or service 

22 in an active status in a reserve component’’ after ‘‘ac23 tive duty’’ each place it appears. 

24 (b) ADDITIONAL CRITERIA FOR BONUS.—Such section 

25 is further amended— 
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1 (1) in subsection (a), by striking ‘‘designated 

2 critical military skill’’ and inserting ‘‘critical mili3 tary skill designated under subsection (b) or satisfies 

4 such other eligibility criteria established under such 

5 subsection’’; 

6 (2) in subsection (b)— 

7 (A) by striking ‘‘DESIGNATION OF CRITICAL

8 SKILLS.—’’ and inserting ‘‘ELIGIBILITY CRI9 TERIA.—(1)’’; and 

10 (B) by adding at the end the following new 

11 paragraph: 

12 ‘‘(2) The Secretary of Defense, and the Secretary of 

13 Homeland Security with respect to the Coast Guard when 

14 it is not operating as a service in the Navy, may establish 

15 such other criteria as the Secretary considers appropriate 

16 under which a retention bonus will be provided to a member 

17 of the armed forces under subsection (a).’’; and 

18 (3) in subsection (h)(1), by striking ‘‘members 

19 qualified in the critical military skills for which the 

20 bonuses were offered’’ and inserting ‘‘members of the 

21 armed forces who were offered a bonus under this sec22 tion’’. 

23 (c) EXTENDED ELIGIBILITY PERIOD FOR CERTAIN

24 MEMBERS.—Subsection (e) of such section is amended by 
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1 striking paragraph (2) and inserting the following new 

2 paragraphs: 

3 ‘‘(2) The limitations in paragraph (1) do not apply 

4 with respect to an officer who, during the period of active 

5 duty or service in an active status in a reserve component 

6 for which the bonus is being offered, is assigned duties as 

7 a health care professional. 

8 ‘‘(3) The limitations in paragraph (1) do not apply 

9 with respect to a member who, during the period of active 

10 duty or service in an active status in a reserve component 

11 for which the bonus is being offered— 

12 ‘‘(A) is qualified in a skill designated as critical 

13 under subsection (b)(1) related to special operations 

14 forces; or 

15 ‘‘(B) is qualified for duty in connection with the 

16 supervision, operation, and maintenance of naval nu17 clear propulsion plants.’’. 

18 (d) REPAYMENT REQUIREMENTS.—Subsection (g) of 

19 such section is amended to read as follows: 

20 ‘‘(g) REPAYMENT.—A member paid a bonus under this 

21 section who fails, during the period of service covered by 

22 the member’s agreement, reenlistment, or voluntary exten23 sion of enlistment under subsection (a), to remain qualified 

24 in the critical military skill or to satisfy the other eligibility 
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1 criteria for which the bonus was paid shall be subject to 

2 the repayment provisions of section 303a(e) of this title.’’. 

3 (e) CLERICAL AMENDMENTS.— 

4 (1) SECTION HEADING.—The heading of section 

5 323 of such title is amended to read as follows: 

6 ‘‘§ 323. Special pay: retention incentives for members 

7 qualified in a critical military skill or 

8 who satisfy other eligibility criteria’’. 

9 (2) TABLE OF SECTIONS.—The table of sections 

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

11 by striking the item relating to section 323 and in12 serting the following new item: 

‘‘323. Special pay: retention incentives for members qualified in a critical military skill or who satisfy other eligibility criteria.’’. 

13 (f) EFFECTIVE DATE.—Section 323(a) of title 37, 

14 United States Code, as amended by this section, shall apply 

15 to agreements, reenlistments, and the voluntary extension 

16 of enlistments referred to in subsection (a) of such section 

17 entered into on or after October 1, 2005. 

18 SEC. 628. AVAILABILITY OF CRITICAL-SKILLS ACCESSION 

19 BONUS FOR PERSONS ENROLLED IN SENIOR 

20 RESERVE OFFICERS’ TRAINING CORPS WHO 

21 ARE OBTAINING NURSING DEGREES. 

22 (a) AUTHORITY TO PROVIDE BONUS.—Section 324 of 

23 title 37, United States Code, as amended by section 614(f) 

24 of this Act, is further amended— 
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1 (1) by redesignating subsections (f) and (g) as 

2 subsections (g) and (h), respectively; and 

3 (2) by inserting after subsection (e) the following 

4 new subsection: 

5 ‘‘(f) NURSE CANDIDATES IN SENIOR RESERVE OFFI6 CERS’ TRAINING CORPS.—(1) A person enrolled in the Sen7 ior Reserve Officers’ Training Corps program of the Army 

8 for advanced training under chapter 103 of title 10, includ9 ing a person receiving financial assistance under section 

10 2107 of such title, may receive an accession bonus under 

11 this section if the person— 

12 ‘‘(A) has completed the second year of an accred13 ited baccalaureate degree program in nursing; and 

14 ‘‘(B) executes an agreement under this section to 

15 serve on active duty as a commissioned officer in the 

16 Army Nurse Corps. 

17 ‘‘(2) Notwithstanding subsection (c), the amount of the 

18 accession bonus paid to a person described in paragraph 

19 (1) may not exceed $5,000. ’’. 

20 (b) RETROACTIVE APPLICATION TO EXISTING AGREE21 MENTS.—Subsection (f) of section 324 of title 37, United 

22 States Code, as added by subsection (a), shall apply with 

23 respect to agreements referred to in paragraph (1)(B) of 

24 such subsection executed on or after October 5, 2004. 
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1 Subtitle C—Travel and 

2 Transportation Allowances 

3 SEC. 641. AUTHORIZED ABSENCES OF MEMBERS FOR 

4 WHICH LODGING EXPENSES AT TEMPORARY 

5 DUTY LOCATION MAY BE PAID. 

6 (a) ABSENCES COVERED BY ALLOWANCE.—Section 

7 404b of title 37, United States Code, is amended— 

8 (1) in subsection (a), by striking ‘‘while the 

9 member is in an authorized leave status’’ and insert10 ing ‘‘during an authorized absence of the member 

11 from the temporary duty location’’; 

12 (2) in subsection (b)— 

13 (A) in paragraph (1), by striking ‘‘taking 

14 the authorized leave’’ and inserting ‘‘the author15 ized absence’’; and 

16 (B) in paragraph (3), by striking ‘‘imme17 diately after completing the authorized leave’’ 

18 and inserting ‘‘before the end of the authorized 

19 absence’’; 

20 (3) in subsection (c), by striking ‘‘while the 

21 member was in an authorized leave status’’ and in22 serting ‘‘during the authorized absence of the mem23 ber’’; and 

24 (4) by adding at the end the following new sub25 section: 
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1 ‘‘(d) AUTHORIZED ABSENCE DEFINED.—In this sec2 tion, the term ‘authorized absence’, with respect to a mem3 ber, means that the member is in an authorized leave status 

4 or that the absence of the member is otherwise authorized 

5 by the commander of the member.’’. 

6 (b) CLERICAL AMENDMENTS.— 

7 (1) SECTION HEADING.—The heading of such sec8 tion is amended to read as follows: 

9 ‘‘§ 404b. Travel and transportation allowances: pay10 ment of lodging expenses at temporary 

11 duty location during authorized absence 

12 of member’’. 

13 (2) TABLE OF SECTIONS.—The table of sections 

14 at the beginning of chapter 7 of such title is amended 

15 by striking the item relating to section 404b and in16 serting the following new item: 

‘‘404b. Travel and transportation allowances: payment of lodging expenses at temporary duty location during authorized absence of member.’’. 

17 SEC. 642. EXTENDED PERIOD FOR SELECTION OF HOME 

18 FOR TRAVEL AND TRANSPORTATION ALLOW19 ANCES FOR DEPENDENTS OF DECEASED 

20 MEMBER. 

21 (a) DEATH OF MEMBER ENTITLED TO BASIC PAY.— 

22 Subsection (f) section 406 of title 37, United States Code, 

23 is amended— 

24 (1) by inserting ‘‘(1)’’ after ‘‘(f)’’; 
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1 (2) by striking ‘‘he’’ and inserting ‘‘the member’’; 

2 and 

3 (3) by adding at the end the following new para4 graph: 

5 ‘‘(2) The Secretary concerned shall give the dependents 

6 of a member described in paragraph (1) a period of not 

7 less than three years, beginning on the date of the death 

8 of the member, during which to select a home for the pur9 poses of the travel and transportation allowances authorized 

10 by this section.’’. 

11 (b) CERTAIN OTHER DECEASED MEMBERS.—Sub12 section (g)(3) of such section is amended in the first sen13 tence— 

14 (1) by striking ‘‘he exercises it’’ and inserting 

15 ‘‘the member exercises the right or entitlement’’; 

16 (2) by striking ‘‘his baggage and household ef17 fects’’ and inserting ‘‘the baggage and household ef18 fects of the deceased member’’; and 

19 (3) by striking ‘‘his surviving dependents or, if’’ 

20 and inserting ‘‘the surviving dependents at any time 

21 before the end of the three-year period beginning on 

22 the date on which the member accrued that right or 

23 benefit. If’’. 
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1 SEC. 643. TRANSPORTATION OF FAMILY MEMBERS INCI2 DENT TO REPATRIATION OF MEMBERS HELD 

3 CAPTIVE. 

4 (a) ALLOWANCES AUTHORIZED.—Chapter 7 of title 37, 

5 United States Code, is amended by inserting after section 

6 411i the following new section: 

7 ‘‘§ 411j. Travel and transportation allowances: trans8 portation of family members incident to 

9 repatriation of members held captive 

10 ‘‘(a) ALLOWANCES AUTHORIZED.—(1) The Secretary 

11 concerned may provide the travel and transportation allow12 ances described in subsection (c) to not more than three 

13 family members of a member of the uniformed services 

14 who— 

15 ‘‘(A) is serving on active duty; 

16 ‘‘(B) was officially carried or determined to be 

17 absent in a missing status (as defined in section 551 

18 of this title); and 

19 ‘‘(C) is repatriated to a site in or outside the 

20 United States. 

21 ‘‘(2) In circumstances determined to be appropriate by 

22 the Secretary concerned, the Secretary may waive the limi23 tation on the number of family members of a member pro24 vided travel and transportation allowances under this sec25 tion. 
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1 ‘‘(b) ELIGIBLE PERSONS.—(1) In this section, the term 

2 ‘family member’ has the meaning given that term in section 

3 411h(b) of this title. 

4 ‘‘(2) The Secretary concerned may also provide the 

5 travel and transportation allowances to an attendant who 

6 accompanies a family member if the Secretary determines 

7 that— 

8 ‘‘(A) the family member is unable to travel unat9 tended because of age, physical condition, or other jus10 tifiable reason; and 

11 ‘‘(B) no other family member who is receiving 

12 the allowances under this section is able to serve as 

13 an attendant for the family member. 

14 ‘‘(3) If no family member is able to travel to the repa15 triation site, the Secretary concerned may provide the trav16 el and transportation allowances to not more than two per17 sons who are related to the member (but who do not satisfy 

18 the definition of family member) and are selected by the 

19 member. 

20 ‘‘(c) ALLOWANCES DESCRIBED.—(1) The transpor21 tation authorized by subsection (a) is round-trip transpor22 tation between— 

23 ‘‘(A) the home of the family member (or the home 

24 of an attendant or other person provided transpor-
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1 tation pursuant to paragraph (2) or (3) of subsection 

2 (b)); and 

3 ‘‘(B) the location of the repatriation site or other 

4 location determined to be appropriate by the Sec5 retary concerned. 

6 ‘‘(2) In addition to the transportation authorized by 

7 subsection (a), the Secretary concerned may provide a per 

8 diem allowance or reimbursement for the actual and nec9 essary expenses of the travel, or a combination thereof, but 

10 not to exceed the rates established under section 404(d) of 

11 this title. 

12 ‘‘(d) PROVISION OF ALLOWANCES.—(1) The transpor13 tation authorized by subsection (a) may be provided by any 

14 of the following means: 

15 ‘‘(A) Transportation in-kind. 

16 ‘‘(B) A monetary allowance in place of transpor17 tation in-kind at a rate to be prescribed by the Secre18 taries concerned. 

19 ‘‘(C) Reimbursement for the commercial cost of 

20 transportation. 

21 ‘‘(2) An allowance payable under this subsection may 

22 be paid in advance. 

23 ‘‘(3) Reimbursement payable under this subsection 

24 may not exceed the cost of government-procured commercial 

25 round-trip air travel. 
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1 ‘‘(e) REGULATIONS.—The Secretaries concerned shall 

2 prescribe uniform regulations to carry out this section.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections at 

4 the beginning of chapter 7 of such title is amended by in5 serting after the item relating to section 411i the following 

6 new item: 

‘‘411j. Travel and transportation allowances: transportation of family members 

incident to repatriation of members held captive.’’. 

7 SEC. 644. INCREASED WEIGHT ALLOWANCES FOR SHIP8 MENT OF HOUSEHOLD GOODS OF SENIOR 

9 NONCOMMISSIONED OFFICERS. 

10 (a) INCREASE.—The table in section 406(b)(1)(C) of 

11 title 37, United States Code, is amended by striking the 

12 items relating to pay grades E–7 through E–9 and insert13 ing the following new items: 

‘‘E–9 ....................................................................................... 13,000 15,000

E–8 ......................................................................................... 12,000 14,000

E–7 ......................................................................................... 11,000 13,000’’. 

14 (b) EFFECTIVE DATE.—The amendment made by sub15 section (a) shall take effect on January 1, 2006, and apply 

16 with respect to an order in connection with a change of 

17 temporary or permanent station issued on or after that 

18 date. 
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1 Subtitle D—Retired Pay and 

2 Survivor Benefits 

3 SEC. 651. MONTHLY DISBURSEMENT TO STATES OF STATE 

4 INCOME TAX WITHHELD FROM RETIRED OR 

5 RETAINER PAY. 

6 Section 1045(a) of title 10, United States Code, is 

7 amended in the third sentence— 

8 (1) by striking ‘‘quarter’’ the first place it ap9 pears and inserting ‘‘month’’; and 

10 (2) by striking ‘‘during the month following that 

11 calendar quarter’’ and inserting ‘‘during the following 

12 calendar month’’. 

13 SEC. 652. REVISION TO ELIGIBILITY FOR NONREGULAR 

14 SERVICE RETIREMENT AFTER ESTABLISHING 

15 ELIGIBILITY FOR REGULAR RETIREMENT. 

16 (a) REVISION TO ALLOW CONTINUATION IN ACTIVE

17 STATUS.—Subsection (a) of section 12741 of title 10, 

18 United States Code, is amended— 

19 (1) in the matter preceding paragraph (1), by 

20 striking ‘‘becoming entitled to’’ and inserting ‘‘having 

21 met the requirements for’’; and 

22 (2) in paragraph (3), by striking ‘‘become enti23 tled to’’ and inserting ‘‘met the requirements for’’. 
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1 (b) CONFORMING AMENDMENT.—Subsection (b)(1) of 

2 such section is amended by striking ‘‘entitlement to’’ and 

3 inserting ‘‘eligibility for’’. 

4 (c) CLERICAL AMENDMENTS.— 

5 (1) SECTION HEADING.—The heading of such sec6 tion is amended to read as follows: 

7 ‘‘§ 12741. Retirement from active reserve service per8 formed after becoming eligible for regular 

9 retirement’’. 

10 (2) TABLE OF SECTIONS.—The item relating to 

11 section 12741 in the table of sections at the beginning 

12 of chapter 1223 of such title is amended to read as 

13 follows: 

‘‘12741. Retirement from active reserve service performed after becoming eligible 

for regular retirement.’’. 

14 SEC. 653. DENIAL OF MILITARY FUNERAL HONORS IN CER15 TAIN CASES. 

16 (a) ADDITIONAL CIRCUMSTANCES FOR DENIAL OF FU17 NERAL HONORS.—Subsection (a) of section 985 of title 10, 

18 United States Code, is amended— 

19 (1) by inserting ‘‘(under section 1491 of this title 

20 or any other authority)’’ after ‘‘military honors’’. 

21 (2) by striking ‘‘a person’’ and all that follows 

22 and inserting ‘‘any of the following persons: 

23 ‘‘(1) A person who has been convicted of a cap24 ital offense under Federal or State law for which the 
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1 person was sentenced to death or life imprisonment 

2 without parole. 

3 ‘‘(2) A person not covered by paragraph (1) who 

4 is ineligible for interment in Arlington National 

5 Cemetery or a national cemetery under the control of 

6 the National Cemetery Administration by reason of 

7 section 2411(b) of title 38. 

8 ‘‘(3) A person who is a veteran (as defined in 

9 section 1491(h) of this title) or who died while on ac10 tive duty or a member of a reserve component, when 

11 the circumstances surrounding the person’s death or 

12 other circumstances as specified by the Secretary of 

13 Defense are such that to provide military honors at 

14 the funeral or burial of the person would bring dis15 credit upon the person’s service (or former service).’’. 

16 (b) CLERICAL AMENDMENTS.— 

17 (1) SECTION HEADING.—The heading of such sec18 tion is amended to read as follows: 

19 ‘‘§ 985. Persons convicted of capital crimes; certain 

20 other persons: denial of specified burial21 related benefits’’. 

22 (2) TABLE OF SECTIONS.—The item relating to 

23 section 985 in the table of sections at the beginning 

24 of chapter 49 of such title is amended to read as fol25 lows: 
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‘‘985. Persons convicted of capital crimes; certain other persons: denial of specified burial-related benefits.’’. 

1 (c) CROSS-REFERENCE AMENDMENT.—Section 

2 1491(a) of such title is amended by inserting before the pe3 riod at the end the following: ‘‘, except when military hon4 ors are prohibited under section 985(a) of this title’’. 

5 (d) EFFECTIVE DATE.—The amendments made by this 

6 section shall apply with respect to funerals and burials that 

7 occur on or after the date of the enactment of this Act. 

8 SEC. 654. CHILD SUPPORT FOR CERTAIN MINOR CHILDREN 

9 OF RETIREMENT-ELIGIBLE MEMBERS CON10 VICTED OF DOMESTIC VIOLENCE RESULTING 

11 IN DEATH OF CHILD’S OTHER PARENT. 

12 (a) AUTHORITY FOR COURT-ORDERED PAYMENTS.— 

13 Section 1408(h) of title 10, United States Code, is amend14 ed— 

15 (1) in paragraph (1)— 

16 (A) by inserting ‘‘(A)’’ after ‘‘(1)’’; and 

17 (B) by adding at the end of such paragraph 

18 the following: 

19 ‘‘(B) If, in the case of a member or former member 

20 of the armed forces referred to in paragraph (2)(A), a court 

21 order provides for the payment as child support of an 

22 amount from the disposable retired pay of that member or 

23 former member (as certified under paragraph (4)) to an 

24 eligible dependent child of the member or former member, 
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1 the Secretary concerned, beginning upon effective service of 

2 such court order, shall pay that amount in accordance with 

3 this subsection to such dependent child.’’; 

4 (2) in paragraph (2)— 

5 (A) in the matter preceding subparagraph 

6 (A), by inserting ‘‘, or a dependent child,’’ after 

7 ‘‘former spouse’’; 

8 (B) in subparagraph (B)— 

9 (i) by inserting ‘‘in the case of eligi10 bility of a spouse or former spouse under 

11 paragraph (1)(A),’’ after ‘‘(B)’’; and 

12 (ii) by striking the period at the end 

13 and inserting ‘‘; and’’; and 

14 (C) by adding at the end the following new 

15 subparagraph: 

16 ‘‘(C) in the case of eligibility of a dependent 

17 child under paragraph (1)(B), the other parent of the 

18 child died as a result of the misconduct that resulted 

19 in the termination of retired pay.’’; 

20 (3) in paragraph (4), by inserting ‘‘, or an eligi21 ble dependent child,’’ after ‘‘former spouse’’; 

22 (4) in paragraph (5), by inserting ‘‘, or the de23 pendent child,’’ after ‘‘former spouse’’; and 

24 (5) in paragraph (6), by inserting ‘‘, or to a de25 pendent child,’’ after ‘‘former spouse’’. 
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1 (b) EFFECTIVE DATE.—A court order authorized by 

2 the amendments made by this section may not provide for 

3 a payment attributable to any period before October 1, 

4 2005, or the date of the court order, whichever is later. 

5 SEC. 655. CONCURRENT RECEIPT OF VETERANS DISABILITY 

6 COMPENSATION AND MILITARY RETIRED PAY. 

7 Section 1414(a) of title 10, United States Code, is 

8 amended by inserting before the period at the end the fol9 lowing: ‘‘, and in the case of a qualified retiree receiving 

10 veterans’ disability compensation at the rate payable for 

11 a 100 percent disability by reason of a determination of 

12 individual unemployability, payment of retired pay to such 

13 veteran is subject to subsection (c) only during the period 

14 beginning on January 1, 2004, and ending on September 

15 30, 2009’’. 

16 SEC. 656. MILITARY SURVIVOR BENEFIT PLAN BENE17 FICIARIES UNDER INSURABLE INTEREST 

18 COVERAGE. 

19 (a) AUTHORITY TO ELECT NEW BENEFICIARY.—Sec20 tion 1448(b)(1) of title 10, United States Code, is amend21 ed— 

22 (1) by inserting ‘‘or under subparagraph (G) of 

23 this paragraph’’ in the second sentence of subpara24 graph (E) before the period at the end; and 
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1 (2) by adding at the end the following new sub2 paragraph: 

3 ‘‘(G) ELECTION OF NEW BENEFICIARY UPON

4 DEATH OF PREVIOUS BENEFICIARY.— 

5 ‘‘(i) AUTHORITY FOR ELECTION.—If 

6 the reason for discontinuation in the Plan 

7 is the death of the beneficiary, the partici8 pant in the Plan may elect a new bene9 ficiary. Any such beneficiary must be a nat10 ural person with an insurable interest in 

11 the participant. Such an election may be 

12 made only during the 180-day period begin13 ning on the date of the death of the previous 

14 beneficiary. 

15 ‘‘(ii) PROCEDURES.—Such an election 

16 shall be in writing, signed by the partici17 pant, and made in such form and manner 

18 as the Secretary concerned may prescribe. 

19 Such an election shall be effective the first 

20 day of the first month following the month 

21 in which the election is received by the Sec22 retary. 

23 ‘‘(iii) VITIATION OF ELECTION BY PAR24 TICIPANT WHO DIES WITHIN TWO YEARS OF

25 ELECTION.—If a person providing an annu-
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1 ity under a election under clause (i) dies be2 fore the end of the two-year period begin3 ning on the effective date of the election— 

4 ‘‘(I) the election is vitiated; and 

5 ‘‘(II) the amount by which the 

6 person’s retired pay was reduced under 

7 section 1452 of this title that is attrib8 utable to the election shall be paid in 

9 a lump sum to the person who would 

10 have been the deceased person’s bene11 ficiary under the vitiated election if 

12 the deceased person had died after the 

13 end of such two-year period.’’. 

14 (b) CHANGE IN PREMIUM FOR COVERAGE OF NEW

15 BENEFICIARY.—Section 1452(c) of such title is amended by 

16 adding at the end the following new paragraph: 

17 ‘‘(5) RULE FOR DESIGNATION OF NEW INSUR18 ABLE INTEREST BENEFICIARY FOLLOWING DEATH OF

19 ORIGINAL BENEFICIARY.—The Secretary of Defense 

20 shall prescribe in regulations premiums which a par21 ticipant making an election under section 

22 1448(b)(1)(G) of this title shall be required to pay for 

23 participating in the Plan pursuant to that election. 

24 The total amount of the premiums to be paid by a 
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1 participant under the regulations shall be equal to the 

2 sum of the following: 

3 ‘‘(A) The total additional amount by which 

4 the retired pay of the participant would have 

5 been reduced before the effective date of the elec6 tion if the original beneficiary (i) had not died 

7 and had been covered under the Plan through the 

8 date of the election, and (ii) had been the same 

9 number of years younger than the participant (if 

10 any) as the new beneficiary designated under the 

11 election. 

12 ‘‘(B) Interest on the amounts by which the 

13 retired pay of the participant would have been 

14 so reduced, computed from the dates on which 

15 the retired pay would have been so reduced at 

16 such rate or rates and according to such method17 ology as the Secretary of Defense determines rea18 sonable. 

19 ‘‘(C) Any additional amount that the Sec20 retary determines necessary to protect the actu21 arial soundness of the Department of Defense 

22 Military Retirement Fund against any increased 

23 risk for the fund that is associated with the elec24 tion.’’. 

25 (c) TRANSITION.— 
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1 (1) TRANSITION PERIOD.—In the case of a par2 ticipant in the Survivor Benefit Plan who made a 

3 covered insurable-interest election (as defined in para4 graph (2)) and whose designated beneficiary under 

5 that election dies before the date of the enactment of 

6 this Act or during the 18-month period beginning on 

7 such date, the time period applicable for purposes of 

8 the limitation in the third sentence of subparagraph 

9 (G)(i) of section 1448(b)(1) of title 10, United States 

10 Code, as added by subsection (a), shall be the two11 year period beginning on the date of the enactment of 

12 this Act (rather than the 180-day period specified in 

13 that sentence). 

14 (2) COVERED INSURABLE-INTEREST ELEC15 TIONS.—For purposes of paragraph (1), a covered in16 surable-interest election is an election under section 

17 1448(b)(1) of title 10, United States Code, made be18 fore the date of the enactment of this Act, or during 

19 the 18-month period beginning on such date, by a 

20 participant in the Survivor Benefit Plan to provide 

21 an annuity under that plan to a natural person with 

22 an insurable interest in that person. 

23 (3) SURVIVOR BENEFIT PLAN.—For purposes of 

24 this subsection, the term ‘‘Survivor Benefit Plan’’ 
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1 means the program under subchapter II of chapter 73 

2 of title 10, United States Code. 

3 Subtitle E—Commissary and Non4 appropriated Fund Instrumen5 tality Benefits 

6 SEC. 661. INCREASE IN AUTHORIZED LEVEL OF SUPPLIES 

7 AND SERVICES PROCUREMENT FROM OVER8 SEAS EXCHANGE STORES. 

9 Subsection 2424(b) of title 10, United States Code, is 

10 amended by striking ‘‘$50,000’’ and inserting ‘‘$100,000’’. 

11 SEC. 662. REQUIREMENTS FOR PRIVATE OPERATION OF 

12 COMMISSARY STORE FUNCTIONS. 

13 Section 2485(a)(2) of title 10, United States Code, is 

14 amended by adding at the end the following new sentence: 

15 ‘‘Until December 31, 2010, the Defense Commissary Agency 

16 is not required to conduct any cost-comparison study under 

17 the policies and procedures of Office of Management and 

18 Budget Circular A–76 relating to the possible contracting 

19 out of commissary store functions.’’. 
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1 SEC. 663. PROVISION OF INFORMATION TECHNOLOGY 

2 SERVICES FOR ACCOMMODATIONS PROVIDED 

3 BY NONAPPROPRIATED FUND INSTRUMEN4 TALITIES FOR WOUNDED MEMBERS OF THE 

5 ARMED FORCES AND THEIR FAMILIES. 

6 (a) AUTHORITY TO PROVIDE SERVICES.—Section 2494 

7 of title 10, United States Code, is amended— 

8 (1) by inserting ‘‘(a) UTILITY SERVICES.—’’ be9 fore ‘‘Appropriations’’; and 

10 (2) by adding at the end the following new sub11 section: 

12 ‘‘(b) INFORMATION TECHNOLOGY SERVICES.—Appro13 priations for the Department of Defense may be used to pro14 vide information technology services, including equipment 

15 and access to the internet, for— 

16 ‘‘(1) Fisher Houses and Fisher Suites associated 

17 with health care facilities of a military department; 

18 and 

19 ‘‘(2) other accommodations made available by a 

20 nonappropriated fund instrumentality of the Depart21 ment of Defense to members of the Armed Forces re22 covering from a wound or injury or to dependents of 

23 such members.’’. 

24 (b) CLERICAL AMENDMENTS.— 

25 (1) SECTION HEADING.—The heading of such sec26 tion is amended to read as follows: 
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1 ‘‘§ 2494. Nonappropriated fund instrumentalities: fur2 nishing certain services for morale, wel3 fare, and recreation purposes’’. 

4 (2) TABLE OF SECTIONS.—The table of sections 

5 at the beginning of subchapter III of chapter 147 of 

6 such title is amended by striking the item relating to 

7 section 2494 and inserting the following new item: 

‘‘2494. Nonappropriated fund instrumentalities: furnishing certain services for 

morale, welfare, and recreation purposes.’’. 

8 SEC. 664. PROVISION OF AND PAYMENT FOR OVERSEAS 

9 TRANSPORTATION SERVICES FOR COM10 MISSARY AND EXCHANGE SUPPLIES. 

11 Section 2643 of title 10, United States Code, is amend12 ed— 

13 (1) by inserting ‘‘(a) TRANSPORTATION OP14 TIONS.—’’ before ‘‘The Secretary’’; 

15 (2) in the first sentence, by striking ‘‘by sea 

16 without relying on the Military Sealift Command’’ 

17 and inserting ‘‘to destinations outside the continental 

18 United States without relying on the Air Mobility 

19 Command, the Military Sealift Command’’; 

20 (3) in the second sentence, by striking ‘‘transpor21 tation contracts’’ and inserting ‘‘contracts for sea22 borne transportation’’; and 

23 (4) by adding at the end the following new sub24 section: 
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1 ‘‘(b) PAYMENT OF TRANSPORTATION COSTS.—Section 

2 2483(b)(5) of this title, regarding the use of appropriated 

3 funds to cover the expenses of operating commissary stores, 

4 shall apply to the transportation of commissary supplies. 

5 Appropriated funds for the Department of Defense shall also 

6 be used to cover the expenses of transporting exchange sup7 plies to destinations outside the continental United States.’’. 

8 SEC. 665. COMPENSATORY TIME OFF FOR CERTAIN NON9 APPROPRIATED FUND EMPLOYEES. 

10 Section 5543 of title 5, United States Code, is amended 

11 by adding at the end the following new subsection: 

12 ‘‘(d)(1) The appropriate Secretary may, on request of 

13 an employee of a nonappropriated fund instrumentality of 

14 the Department of Defense or the Coast Guard described in 

15 section 2105(c), grant such employee compensatory time off 

16 from duty instead of overtime pay for overtime work. 

17 ‘‘(2) For purposes of this subsection, the term ‘appro18 priate Secretary’ means— 

19 ‘‘(A) with respect to an employee of a non20 appropriated fund instrumentality of the Department 

21 of Defense, the Secretary of Defense; and 

22 ‘‘(B) with respect to an employee of a non23 appropriated fund instrumentality of the Coast 

24 Guard, the Secretary of the Executive department in 

25 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 rate 

11 of basic pay for an enlisted member in that grade 

12 while serving as Sergeant Major of the Army, Master 

13 Chief Petty Officer of the Navy, Chief Master Ser14 geant of the Air Force, Sergeant Major of the Marine 

15 Corps, or Master Chief Petty Officer of the Coast 

16 Guard, regardless of cumulative years of service com17 puted under section 205 of title 37, United States 

18 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 of 

23 the Joint Chiefs of Staff. 

24 (b) PAY DURING TERMINAL LEAVE OR WHILE HOS25 PITALIZED.—Section 210(c) of title 37, United States Code, 
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1 is amended by adding at the end the following new para2 graph: 

3 ‘‘(6) The Senior Enlisted Advisor for the Chair4 man of the Joint Chiefs of Staff.’’. 

5 (c) PERSONAL MONEY ALLOWANCE.—Section 414(c) of 

6 such title is amended— 

7 (1) by striking ‘‘or’’ after ‘‘Sergeant Major of the 

8 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 al24 lowances 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 former 

4 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 this 

14 title. 

15 ‘‘(D) Reenlistment bonus for nuclear-trained and 

16 qualified enlisted members under section 312a of this 

17 title. 

18 ‘‘(E) Career enlisted flyer incentive pay under 

19 section 320 of this title.’’. 

20 (b) STYLISTIC AMENDMENTS.—Such section is further 

21 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 in5 serting ‘‘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 BONUSES

10 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 PAY16 MENT NOT MET.—(1) A member of the uniformed services 

17 who receives a bonus or similar benefit and whose receipt 

18 of the bonus or similar benefit is subject to the condition 

19 that the member continue to satisfy certain eligibility re20 quirements shall repay to the United States an amount 

21 equal to the unearned portion of the bonus or similar benefit 

22 if the member fails to satisfy the requirements, except in 

23 certain circumstances authorized by the Secretary con24 cerned. 
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1 ‘‘(2) The Secretary concerned may establish, by regula2 tions, procedures for determining the amount of the repay3 ment required under this subsection and the circumstances 

4 under which an exception to the required repayment may 

5 be granted. The Secretary concerned may specify in the reg6 ulations the conditions under which an installment pay7 ment of a bonus or similar benefit to be paid to a member 

8 of the uniformed services will not be made if the member 

9 no longer satifies the eligibility requirements for the bonus 

10 or similar benefit. For the military departments, this sub11 section shall be administered under regulations prescribed 

12 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 agreement 

19 or contract on which the debt is based; or 

20 ‘‘(B) in the absence of such an agreement or con21 tract, the date of the termination of the service on 

22 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 a 

2 member of the uniformed services under a provision 

3 of law that refers to the repayment requirements of 

4 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 Secretary 

9 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 (b), 

21 (c), or (d) of this section, paragraph (3) of subsection 

22 (a) of section 303a of title 37, United States Code, as 

23 added by this subsection, shall apply to any case com24 menced under title 11 after March 30, 2006. 

25 (b) CONFORMING AMENDMENTS TO TITLE 37.— 
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1 (1) AVIATION CAREER OFFICER RETENTION

2 BONUS.—Subsection (g) of section 301b of title 37, 

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

4 ‘‘(g) REPAYMENT.—An officer who does not complete 

5 the period of active duty specified in the agreement entered 

6 into under subsection (a) shall be subject to the repayment 

7 provisions of section 303a(e) of this title.’’. 

8 (2) MEDICAL OFFICER MULTIYEAR RETENTION

9 BONUS.—Subsection (c) of section 301d of such title 

10 is amended to read as follows: 

11 ‘‘(c) REPAYMENT.—An officer who does not complete 

12 the period of active duty specified in the agreement entered 

13 into under subsection (a) shall be subject to the repayment 

14 provisions of section 303a(e) of this title.’’. 

15 (3) DENTAL OFFICER MULTIYEAR RETENTION

16 BONUS.—Subsection (d) of section 301e of such title 

17 is amended to read as follows: 

18 ‘‘(d) REPAYMENT.—An officer who does not complete 

19 the period of active duty specified in the agreement entered 

20 into under subsection (a) shall be subject to the repayment 

21 provisions of section 303a(e) of this title.’’. 

22 (4) MEDICAL OFFICER SPECIAL PAY.—Section 

23 302 of such title is amended— 

24 (A) in subsection (c)(2), by striking the last 

25 sentence and inserting the following new sen-
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1 tence: ‘‘If such entitlement is terminated, the offi2 cer concerned shall be subject to the repayment 

3 provisions of section 303a(e) of this title.’’; and 

4 (B) by striking subsection (f) and inserting 

5 the following new subsection: 

6 ‘‘(f) REPAYMENT.—An officer who does not complete 

7 the period for which the payment was made under sub8 section (a)(4) or subsection (b)(1) shall be subject to the re9 payment provisions of section 303a(e) of this title.’’. 

10 (5) OPTOMETRIST RETENTION SPECIAL PAY.— 

11 Paragraph (4) of section 302a(b) of such title is 

12 amended to read as follows: 

13 ‘‘(4) The Secretary concerned may terminate at any 

14 time the eligibility of an officer to receive retention special 

15 pay under paragraph (1). An officer who does not complete 

16 the period for which the payment was made under para17 graph (1) shall be subject to the repayment provisions of 

18 section 303a(e) of this title.’’. 

19 (6) DENTAL OFFICER SPECIAL PAY.—Section 

20 302b of such title is amended— 

21 (A) in subsection (b)(2), by striking the sec22 ond sentence; 

23 (B) by striking subsection (e) and inserting 

24 the following new subsection: 
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1 ‘‘(e) REPAYMENT.—An officer who does not complete 

2 the period of active duty for which the payment was made 

3 under subsection (a)(4) shall be subject to the repayment 

4 provisions of section 303a(e) of this title.’’; 

5 (C) by striking subsection (f); and 

6 (D) by redesignating subsections (g) and (h) 

7 as subsections (f) and (g), respectively. 

8 (7) ACCESSION BONUS FOR REGISTERED

9 NURSES.—Subsection (d) of section 302d of such title 

10 is amended to read as follows: 

11 ‘‘(d) An officer who does not become and remain li12 censed as a registered nurse during the period for which 

13 the payment is made, or who does not complete the period 

14 of active duty specified in the agreement entered into under 

15 subsection (a) shall be subject to the repayment provisions 

16 of section 303a(e) of this title.’’. 

17 (8) NURSE ANESTHETIST SPECIAL PAY.—Section 

18 302e of such title is amended— 

19 (A) in subsection (c), by striking the last 

20 sentence; and 

21 (B) by striking subsection (e) and inserting 

22 the following new subsection: 

23 ‘‘(e) An officer who does not complete the period of ac24 tive duty specified in the agreement entered into under sub-
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1 section (a) shall be subject to the repayment provisions of 

2 section 303a(e) of this title.’’. 

3 (9) RESERVE, RECALLED OR RETAINED HEALTH

4 CARE OFFICERS SPECIAL PAY.—Subsection (c) of sec5 tion 302f of such title is amended by striking ‘‘re6 fund’’ and inserting ‘‘repay.’’. 

7 (10) SELECTED RESERVE HEALTH CARE PRO8 FESSIONALS IN CRITICALLY SHORT WARTIME SPECIAL9 TIES SPECIAL PAY.—Section 302g of such title is 

10 amended— 

11 (A) by striking subsections (d) and (e); 

12 (B) by inserting after subsection (c) the fol13 lowing new subsection (d): 

14 ‘‘(d) REPAYMENT.—An officer who does not complete 

15 the period of service in the Selected Reserve specified in the 

16 agreement entered into under subsection (a) shall be subject 

17 to the repayment provisions of section 303a(e) of this title.’’; 

18 and 

19 (C) by redesignating subsection (f) as sub20 section (e). 

21 (11) ACCESSION BONUS FOR DENTAL OFFI22 CERS.—Subsection (d) of section 302h of such title is 

23 amended to read as follows: 

24 ‘‘(d) A person after signing a written agreement who 

25 thereafter is not commissioned as an officer of the armed 
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1 forces, or does not become licensed as a dentist, or does not 

2 complete the period of active duty specified in the agreement 

3 entered into under subsection (a) shall be subject to the re4 payment provisions of section 303a(e) of this title.’’. 

5 (12) ACCESSION BONUS FOR PHARMACY OFFI6 CERS.—Subsection (e) of section 302j of such title is 

7 amended to read as follows: 

8 ‘‘(e) A person after signing a written agreement who 

9 thereafter is not commissioned as an officer of the armed 

10 forces, or does not become and remain certified or licensed 

11 as a pharmacist, or does not complete the period of active 

12 duty specified in the agreement entered into under sub13 section (a) shall be subject to the repayment provisions of 

14 section 303a(e) of this title.’’. 

15 (13) REENLISTMENT BONUS FOR ACTIVE MEM16 BERS.—Subsection (d) of section 308 of such title is 

17 amended to read as follows: 

18 ‘‘(d) REPAYMENT.—A member who does not complete 

19 the term of enlistment for which a bonus was paid to the 

20 member under this section, or a member who is not tech21 nically qualified in the skill for which a bonus was paid 

22 to to the member under this section, shall be subject to the 

23 repayment provisions of section 303a(e) of this title.’’. 
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1 (14) REENLISTMENT BONUS FOR SELECTED RE2 SERVE.—Subsection (d) of section 308b of such title 

3 is amended to read as follows: 

4 ‘‘(d) A member who does not complete the term of en5 listment in the element of the Selected Reserve for which 

6 the bonus was paid to the member under this section shall 

7 be subject to the repayment provisions of section 303a(e) 

8 of this title.’’. 

9 (15) READY RESERVE ENLISTMENT BONUS.— 

10 Section 308g of such title is amended— 

11 (A) by striking subsection (d) and inserting 

12 the following new subsection: 

13 ‘‘(d) REPAYMENT.—A person who does not serve satis14 factorily in the element of the Ready Reserve in the combat 

15 or combat support skill for the period for which the bonus 

16 was paid under this section shall be subject to the repay17 ment provisions of section 303a(e) of this title.’’; 

18 (B) by striking subsections (e) and (f); and 

19 (C) by redesignating subsections (g) and (h) 

20 as subsections (e) and (f), respectively. 

21 (16) READY RESERVE REENLISTMENT, ENLIST22 MENT, AND VOLUNTARY EXTENSION OF ENLISTMENT

23 BONUS.—Section 308h of such title is amended— 

24 (A) by striking subsection (c) and inserting 

25 the following new subsection: 
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1 ‘‘(c) REPAYMENT.—A person who does not complete the 

2 period of enlistment or extension of enlistment for which 

3 the bonus was paid under this section shall be subject to 

4 the repayment provisions of section 303a(e) of this title.’’; 

5 (B) by striking subsections (d) and (e); and 

6 (C) by redesignating subsections (f) and (g) 

7 as subsections (d) and (e), respectively. 

8 (17) PRIOR SERVICE ENLISTMENT BONUS.—Sub9 section (d) of section 308i of such title is amended to 

10 read as follows: 

11 ‘‘(d) A person who receives a bonus payment under 

12 this section and who, during the period for which the bonus 

13 was paid, does not serve satisfactorily in the element of the 

14 Selected Reserve with respect to which the bonus was paid 

15 shall be subject to the repayment provisions of section 

16 303a(e) of this title.’’. 

17 (18) ENLISTMENT BONUS.—Subsection (b) of sec18 tion 309 of such title is amended to read as follows: 

19 ‘‘(b) A member who does not complete the term of en20 listment for which a bonus was paid to the member under 

21 this section, or a member who is not technically qualified 

22 in the skill for which a bonus was paid to the member under 

23 this section, shall be subject to the repayment provisions of 

24 section 303a(e) of this title.’’. 
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1 (19) SPECIAL PAY FOR NUCLEAR-QUALIFIED OF2 FICERS EXTENDING ACTIVE DUTY.—Subsection (b) of 

3 section 312 of such title is amended to read as follows: 

4 ‘‘(b) REPAYMENT.—An officer who does not complete 

5 the period of active duty in connection with the supervision, 

6 operation, and maintenance of naval nuclear propulsion 

7 plants that the officer agreed to serve, and for which a pay8 ment was made under subsection (a)(3) or subsection (d)(1), 

9 shall be subject to the repayment provisions of section 

10 303a(e) of this title.’’. 

11 (20) NUCLEAR CAREER ACCESSION BONUS.— 

12 Paragraph (2) of section 312b(a) of such title is 

13 amended to read as follows: 

14 ‘‘(2) An officer who does not commence or complete sat15 isfactorily the nuclear power training specified in the agree16 ment under paragraph (1) shall be subject to the repayment 

17 provisions of section 303a(e) of this title.’’. 

18 (21) ENLISTED MEMBERS EXTENDING DUTY AT

19 DESIGNATED LOCATIONS OVERSEAS.—Subsection (d) 

20 of section 314 of such title is amended to read as fol21 lows: 

22 ‘‘(d) A member who, having entered into a written 

23 agreement to extend a tour of duty for a period under sub24 section (a), receives a bonus payment under subsection 

25 (b)(2) for a 12-month period covered by the agreement and 
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1 ceases during that 12-month period to perform the agreed 

2 tour of duty shall be subject to the repayment provisions 

3 of section 303a(e) of this title.’’. 

4 (22) ENGINEERING AND SCIENTIFIC CAREER

5 CONTINUATION PAY.—Subsection (c) of section 315 of 

6 such title is amended to read as follows: 

7 ‘‘(c) An officer who, having entered into a written 

8 agreement under subsection (b) and having received all or 

9 part of a bonus under this section, does not complete the 

10 period of active duty as specified in the agreement shall 

11 be subject to the repayment provisions of section 303a(e) 

12 of this title.’’. 

13 (23) CRITICAL ACQUISITION POSITIONS.—Sub14 section (f) of section 317 of such title is amended to 

15 read as follows: 

16 ‘‘(c) An officer who, having entered into a written 

17 agreement under subsection (a) and having received all or 

18 part of a bonus under this section, does not complete the 

19 period of active duty as specified in the agreement shall 

20 be subject to the repayment provisions of section 303a(e) 

21 of this title.’’. 

22 (24) SPECIAL WARFARE OFFICERS EXTENDING

23 PERIOD OF ACTIVE DUTY.—Subsection (h) of section 

24 318 of such title is amended to read as follows: 
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1 ‘‘(h) An officer who, having entered into a written 

2 agreement under subsection (b) and having received all or 

3 part of a bonus under this section, does not complete the 

4 period of active duty in special warfare service as specified 

5 in the agreement shall be subject to the repayment provi6 sions of section 303a(e) of this title.’’. 

7 (25) SURFACE WARFARE OFFICERS EXTENDING

8 PERIOD OF ACTIVE DUTY.—Subsection (f) of section 

9 319 of such title is amended to read as follows: 

10 ‘‘(f) An officer who, having entered into a written 

11 agreement under subsection (b) and having received all or 

12 part of a bonus under this section, does not complete the 

13 period of active duty as a department head on a surface 

14 vessel specified in the agreement, shall be subject to the re15 payment provisions of section 303a(e) of this title.’’. 

16 (26) JUDGE ADVOCATE CONTINUATION PAY.— 

17 Subsection (f) of section 321 of such title is amended 

18 to read as follows: 

19 ‘‘(f) An officer who has entered into a written agree20 ment under subsection (b) and has received all or part of 

21 the amount payable under the agreement but who does not 

22 complete the total period of active duty specified in the 

23 agreement, shall be subject to the repayment provisions of 

24 section 303a(e) of this title.’’. 
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1 (27) 15-YEAR CAREER STATUS BONUS.—Sub2 section (f) of section 322 of such title is amended to 

3 read as follows: 

4 ‘‘(f) If a person paid a bonus under this section does 

5 not complete a period of active duty beginning on the date 

6 on which the election of the person under paragraph (1) 

7 of subsection (a) is received and ending on the date on 

8 which the person completes 20 years of active duty service 

9 as described in paragraph (2) of such subsection, the person 

10 shall be subject to the repayment provisions of section 

11 303a(e) of this title.’’. 

12 (28) ACCESSION BONUS FOR NEW OFFICERS IN

13 CRITICAL SKILLS.—Subsection (g) of section 324 of 

14 such title, as redesignated by section 628(a)(1), is 

15 amended to read as follows: 

16 ‘‘(g) REPAYMENT.—An individual who, having re17 ceived all or part of the bonus under an agreement referred 

18 to in subsection (a), is not thereafter commissioned as an 

19 officer or does not commence or does not complete the total 

20 period of active duty service specified in the agreement shall 

21 be subject to the repayment provisions of section 303a(e) 

22 of this title.’’. 

23 (29) SAVINGS PLAN FOR EDUCATION EXPENSES

24 AND OTHER CONTINGENCIES.—Subsection (g) of sec25 tion 325 of such title is amended to read as follows: 
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1 ‘‘(g) REPAYMENT.—If a person does not complete the 

2 qualifying service for which the person is obligated under 

3 a commitment for which a benefit has been paid under this 

4 section, the person shall be subject to the repayment provi5 sions of section 303a(e) of this title.’’. 

6 (30) INCENTIVE BONUS FOR CONVERSION TO

7 MILITARY OCCUPATIONAL SPECIALTY.—Subsection (e) 

8 of section 326 of such title is amended to read as fol9 lows: 

10 ‘‘(e) REPAYMENT.—A member who does not convert to 

11 and complete the period of service in the military occupa12 tional specialty specified in the agreement executed under 

13 subsection (a) shall be subject to the repayment provisions 

14 of section 303a(e) of this title.’’. 

15 (c) CONFORMING AMENDMENTS TO TITLE 10.— 

16 (1) ENLISTMENT INCENTIVES FOR PURSUIT OF

17 SKILLS TO FACILITATE NATIONAL SERVICE.—Sub18 section (i) of section 510 of title 10, United States 

19 Code, is amended to read as follows: 

20 ‘‘(i) If a National Call to Service participant who has 

21 entered into an agreement under subsection (b) and received 

22 or benefitted from an incentive under paragraph (1) or (2) 

23 of subsection (e) fails to complete the total period of service 

24 specified in such agreement, the National Call to Service 
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1 participant shall be subject to the repayment provisions of 

2 section 303a(e) of title 37.’’. 

3 (2) ADVANCED EDUCATION ASSISTANCE.—Sec4 tion 2005 of such title is amended— 

5 (A) in subsection (a), by striking paragraph 

6 (3) and inserting the following new paragraph: 

7 ‘‘(3) that if such person does not complete the pe8 riod of active duty specified in the agreement, or does 

9 not fulfill any term or condition prescribed pursuant 

10 to paragraph (4), such person shall be subject to the 

11 repayment provisions of section 303a(e) of title 37.’’; 

12 (B) by striking subsections (c), (d), (f), (g) 

13 and (h); 

14 (C) by redesignating subsection (e) as sub15 section (c); and 

16 (D) by inserting after subsection (c), as so 

17 redesignated, the following new subsection: 

18 ‘‘(d) As a condition of the Secretary concerned pro19 viding financial assistance under section 2107 or 2107a of 

20 this title to any person, the Secretary concerned shall re21 quire that the person enter into the agreement described in 

22 subsection (a). In addition to the requirements of para23 graphs (1) through (4) of such subsections (a), the agree24 ment shall specify that, if the person does not complete the 

25 education requirements specified in the agreement or does 
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1 not fulfill any term or condition prescribed pursuant to 

2 paragraph (4) of such subsection, the person shall be subject 

3 to the repayment provisions of section 303a(e) of title 37 

4 without the Secretary first ordering such person to active 

5 duty as provided for under subsection (a)(2) and sections 

6 2107(f) and 2107a(f) of this title.’’. 

7 (3) TUITION FOR OFF-DUTY TRAINING OR EDU8 CATION.—Section 2007 of such title is amended by 

9 adding at the end the following new subsection: 

10 ‘‘(f) REPAYMENT.—If such person does not complete 

11 the period of active duty specified in the agreement under 

12 subsection (b), the person shall be subject to the repayment 

13 provisions of section 303a(e) of title 37.’’. 

14 (4) FAILURE TO COMPLETE ADVANCED TRAINING

15 OR TO ACCEPT COMMISSION.—Section 2105 of such 

16 title is amended— 

17 (A) by striking ‘‘A member’’ and inserting 

18 ‘‘(a) A member’’; and 

19 (B) by adding at the end the following new 

20 subsection: 

21 ‘‘(b) If such person does not complete the period of ac22 tive duty specified under subsection (a), the person shall 

23 be subject to the repayment provisions of section 303a(e) 

24 of title 37.’’. 
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1 (5) FINANCIAL ASSISTANCE PROGRAM FOR SPE2 CIALLY SELECTED MEMBERS.—Section 2107 of such 

3 title is amended by adding at the end the following 

4 new subsection: 

5 ‘‘(j) REPAYMENT.—A person who, after signing a writ6 ten agreement under this section, is not commissioned as 

7 an officer or does not complete the period of service as speci8 fied in subsection (b), (f) or (h)(2) shall be subject to the 

9 repayment provisions of section 303a(e) of title 37.’’. 

10 (6) HEALTH PROFESSIONS SCHOLARSHIP AND

11 FINANCIAL ASSISTANCE PROGRAM FOR ACTIVE SERV12 ICE.—Subparagraph (C) of section 2123(e)(1) of such 

13 title is amended to read as follows: 

14 ‘‘(C) If such person does not complete the period 

15 of active duty obligation specified under subsection 

16 (a), such person shall be subject to the repayment pro17 visions of section 303a(e) of title 37.’’. 

18 (7) FINANCIAL ASSISTANCE: NURSE OFFICER

19 CANDIDATES.—Subsection (d) of section 2130a of such 

20 title is amended to read as follows: 

21 ‘‘(d) REPAYMENT.—A person who does not complete a 

22 nursing degree program in which the person is enrolled in 

23 accordance with the agreement entered into under sub24 section (a), or having completed the nursing degree pro25 gram, does not become an officer in the Nurse Corps of the 
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1 Army or the Navy or an officer designated as a nurse officer 

2 of the Air Force or commissioned corps of the Public Health 

3 Service or does not complete the period of obligated active 

4 service required under the agreement, shall be subject to the 

5 repayment provisions of section 303a(e) of title 37.’’. 

6 (8) EDUCATION LOAN REPAYMENT PROGRAM.— 

7 Subsection (g) of section 2173 of such title is amend8 ed— 

9 (A) by inserting ‘‘(1)’’ after ‘‘(g)’’; and 

10 (B) by adding at the end the following new 

11 paragraph: 

12 ‘‘(2) An officer who does not complete the period of 

13 active duty specified in the agreement entered into under 

14 subsection (a)(3), or the alternative obligation under para15 graph (1), shall be subject to the repayment provisions of 

16 section 303a(e) of title 37.’’. 

17 (9) SCHOLARSHIP PROGRAM FOR DEGREE PRO18 GRAM FOR DEGREE OR CERTIFICATION IN INFORMA19 TION ASSURANCE.—Section 2200a of such title is 

20 amended— 

21 (A) by striking subsection (e) and inserting 

22 the following new subsection: 

23 ‘‘(e) REPAYMENT FOR PERIOD OF UNSERVED OBLI24 GATED SERVICE.—(1) A member of an armed force who 

25 does not complete the period of active duty specified in the 
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1 service agreement under section (b) shall be subject to the 

2 repayment provisions of section 303a(e) of title 37. 

3 ‘‘(2)(A) A civilian employee of the Department of De4 fense who voluntarily terminates service before the end of 

5 the period of obligated service required under an agreement 

6 entered into under subsection (b) shall refund to the United 

7 States an amount determined by the Secretary of Defense 

8 as being appropriate to obtain adequate service in exchange 

9 for financial assistance and otherwise to achieve the goals 

10 set forth in section 2200(a) of this title. 

11 ‘‘(B) An obligation to reimburse the United States im12 posed under this paragraph is for all purposes a debt owed 

13 to the United States. A discharge in bankruptcy under title 

14 11 that is entered less than five years after the termination 

15 of an agreement under this section does not discharge the 

16 person signing such agreement from a debt arising under 

17 such agreement or under this subsection. 

18 ‘‘(C) The Secretary of Defense may waive, in whole 

19 or in part a refund required under this paragraph if the 

20 Secretary determines that recovery would be against equity 

21 and good conscience or would be contrary to the best inter22 ests of the United States.’’. 

23 (B) by striking subsection (f); and 

24 (C) by redesignating subsection (g) as sub25 section (f). 
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1 (10) ARMY CADET AGREEMENT TO SERVICE AS

2 OFFICER.—Section 4348 of such title is amended by 

3 adding at the end the following new subsection: 

4 ‘‘(f) A cadet or former cadet who does not fulfill the 

5 terms of the agreement as specified under section (a), or 

6 the alternative obligation under subsection (b), shall be sub7 ject to the repayment provisions of section 303a(e) of title 

8 37.’’. 

9 (11) MIDSHIPMEN AGREEMENT FOR LENGTH OF

10 SERVICE.—Section 6959 of such title is amended by 

11 adding at the end the following new subsection: 

12 ‘‘(f) A midshipman or former midshipman who does 

13 not fulfill the terms of the agreement as specified under sec14 tion (a), or the alternative obligation under subsection (b), 

15 shall be subject to the repayment provisions of section 

16 303a(e) of title 37.’’. 

17 (12) AIR FORCE CADET AGREEMENT TO SERVICE

18 AS OFFICER.—Section 9348 of such title is amended 

19 by 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 sub23 ject to the repayment provisions of section 303a(e) of title 

24 37.’’. 
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1 (13) EDUCATIONAL ASSISTANCE FOR MEMBERS

2 OF SELECTED RESERVE.—Section 16135 of such title 

3 is amended to read as follows: 

4 ‘‘§ 16135. Failure to participate satisfactorily; pen5 alties 

6 ‘‘(a) PENALTIES.—At the option of the Secretary con7 cerned, a member of the Selected Reserve of an armed force 

8 who does not participate satisfactorily in required training 

9 as a member of the Selected Reserve during a term of enlist10 ment or other period of obligated service that created entitle11 ment of the member to educational assistance under this 

12 chapter, and during which the member has received such 

13 assistance, may— 

14 ‘‘(1) be ordered to active duty for a period of two 

15 years or the period of obligated service the person has 

16 remaining under section 16132 of this title, whichever 

17 is less; or 

18 ‘‘(2) be subject to the repayment provisions 

19 under section 303a(e) of title 37. 

20 ‘‘(b) EFFECT OF REPAYMENT.—Any repayment under 

21 section 303a(e) of title 37 shall not affect the period of obli22 gation of a member to serve as a Reserve in the Selected 

23 Reserve.’’. 

24 (14) HEALTH PROFESSIONS STIPEND PROGRAM

25 PENALTIES AND LIMITATIONS.—Subparagraph (B) of 
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1 section 16203(a)(1) of such title is amended to read 

2 as follows: 

3 ‘‘(B) shall be subject to the repayment provisions 

4 of section 303a(e) of title 37.’’. 

5 (15) COLLEGE TUITION ASSISTANCE PROGRAM

6 FOR MARINE CORPS PLATOON LEADERS CLASS.—Sub7 section (f) of section 16401 of such title is amended— 

8 (A) in paragraph (1), by striking ‘‘may be 

9 required to repay the full amount of financial 

10 assistance’’ and inserting ‘‘shall be subject to the 

11 repayment provisions of section 303a(e) of title 

12 37’’; and 

13 (B) by striking paragraph (2) and inserting 

14 the following new paragraph: 

15 ‘‘(2) Any requirement to repay any portion of finan16 cial assistance received under this section shall be adminis17 tered under Secretary of Defense regulations issued under 

18 section 303a(e) of title 37. The Secretary of the Navy may 

19 waive the obligations referenced in paragraph (1) in the 

20 case of a person who—’’. 

21 (d) CONFORMING AMENDMENT TO TITLE 14.—Section 

22 182 of title 14, United States Code, is amended by adding 

23 at the end the following new subsection: 

24 ‘‘(g) A cadet or former cadet who does not fulfill the 

25 terms of the obligation to serve as specified under section 
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1 (b), or the alternative obligation under subsection (c), shall 

2 be subject to the repayment provisions of section 303a(e) 

3 of title 37.’’. 

4 (e) CLERICAL AMENDMENTS.— 

5 (1) SECTION HEADING.—The heading of section 

6 303a of title 37, United States Code, is amended to 

7 read as follows: 

8 ‘‘§ 303a. Special pay: general provisions’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of chapter 5 of such title is 

11 amended by striking the item relating to section 303a 

12 and inserting the following new item: 

‘‘303a. Special pay: general provisions.’’. 

13 (f) CONTINUED APPLICATION OF CURRENT LAW TO

14 EXISTING BONUSES.—In the case of any bonus, incentive 

15 pay, special pay, or similar payment, such as education 

16 assistance or a stipend, which the United States became ob17 ligated to pay before April 1, 2006, under a provision of 

18 law amended by subsection (b), (c), or (d) of this section, 

19 such provision of law, as in effect on the day before the 

20 date of the enactment of this Act, shall continue to apply 

21 to the payment, or any repayment, of the bonus, incentive 

22 pay, special pay, or similar payment under such provision 

23 of law. 
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1 SEC. 674. LEAVE ACCRUAL FOR MEMBERS ASSIGNED TO 

2 DEPLOYABLE SHIPS OR MOBILE UNITS OR TO 

3 OTHER DESIGNATED DUTY. 

4 Subparagraph (B) of section 701(f)(1) of title 10, 

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

6 ‘‘(B) This subsection applies to any of the following: 

7 ‘‘(i) A member who serves on active duty for a 

8 continuous period of at least 120 days in an area in 

9 which the member is entitled to special pay under sec10 tion 310(a) of title 37. 

11 ‘‘(ii) A member who is assigned to — 

12 ‘‘(I) a deployable ship or mobile unit; or 

13 ‘‘(II) other duty that is designated for the 

14 purpose of this subsection.’’. 

15 SEC. 675. ARMY RECRUITING PILOT PROGRAM TO ENCOUR16 AGE MEMBERS OF THE ARMY TO REFER 

17 OTHER PERSONS FOR ENLISTMENT. 

18 (a) REFERRAL BONUS AUTHORIZED.—The Secretary 

19 of the Army may pay a bonus under this section to a mem20 ber of the Army who refers, to an Army recruiter, a person 

21 who has not previously served in an armed force and who, 

22 after such referral, enlists in the Regular Army or the Army 

23 Reserve. The referral may occur when a member contacts 

24 a recruiter on behalf of an interested person or when the 

25 interested person contacts the recruiter and informs the re-
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1 cruiter of the member’s role in initially recruiting the per2 son. 

3 (b) AMOUNT OF BONUS; TIME FOR PAYMENT.—A refer4 ral bonus under this section may not exceed $1,000 and 

5 may not be paid to the member making the referral unless 

6 and until the enlistee completes basic training and indi7 vidual advanced training. The bonus shall be paid in a 

8 lump sum. 

9 (c) RELATION TO PROHIBITION ON BOUNTIES.—The 

10 referral bonus authorized by this section is not a bounty 

11 for purposes of section 514(a) of title 10, United States 

12 Code. 

13 (d) CERTAIN MEMBERS INELIGIBLE.— 

14 (1) REFERRAL OF IMMEDIATE FAMILY.—A mem15 ber may not receive a referral bonus under this sec16 tion for the referral of an immediate family member. 

17 (2) MEMBERS IN RECRUITING ROLES.—A mem18 ber serving in a recruiting or retention assignment or 

19 assigned to other duties regarding which eligibility 

20 for a referral bonus could be perceived as creating a 

21 conflict of interest may not receive a referral bonus. 

22 (e) LIMITATION ON INITIAL USE OF AUTHORITY.— 

23 During the first year in which referral bonuses are offered 

24 under this section, the Secretary of the Army may not pro25 vide more than 1,000 referral bonuses. 
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1 (f) DURATION OF AUTHORITY.—A referral bonus may 

2 not be paid under this section with respect to any referral 

3 made after December 31, 2007. 

4 SEC. 676. SPECIAL COMPENSATION FOR RESERVE COMPO5 NENT MEMBERS WHO ARE ALSO TOBACCO 

6 FARMERS ADVERSELY AFFECTED BY TERMS 

7 OF TOBACCO QUOTA BUYOUT. 

8 (a) FINDINGS.—Congress finds the following: 

9 (1) The dispute resolution mechanism provided 

10 in section 624(b) of the Fair and Equitable Tobacco 

11 Reform Act of 2004 (7 U.S.C. 518c), which was in12 tended to help tobacco producers in hardship cir13 cumstances, is not likely to provide relief to tobacco 

14 producers who are also members of the reserve compo15 nents of the Armed Forces and were called or ordered 

16 to active duty for extended deployment. 

17 (2) The special compensation provided under 

18 this section addresses a unique situation and does not 

19 set a precedent for other persons seeking exceptions to 

20 the eligibility requirements for payments under such 

21 Act. 

22 (b) AVAILABILITY OF COMPENSATION.—Subject to sub23 section (c), the Secretary of Defense shall make a payment 

24 under this section to any member of a reserve component 

25 whose eligibility for a payment under section 623 of the 
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1 Fair and Equitable Tobacco Reform Act of 2004 (7 U.S.C. 

2 518b) as a producer of quota tobacco was adversely affected, 

3 or whose payment amount under such section was deter4 mined using a variable payment rate specified in subpara5 graph (B) or (C) of subsection (d)(3) of such section, because 

6 the member was serving on active duty under a call or order 

7 to active duty for a period of more than 30 days during 

8 any of the tobacco marketing years specified in subpara9 graph (A) of such subsection. 

10 (c) RESTRICTION TO MEMBERS WHO ARE LONG-TIME

11 TOBACCO GROWERS.—To be eligible for a payment under 

12 this section, a member described in subsection (b) must have 

13 been a producer of quota tobacco (as defined in section 621 

14 of the Fair and Equitable Tobacco Reform Act of 2004 (7 

15 U.S.C. 518a)) during at least two of the three tobacco mar16 keting years before the 2002 marketing year. 

17 (d) AMOUNT OF PAYMENT.—The amount of the pay18 ment required under this section for a member shall be 

19 equal to 70 percent of the difference between— 

20 (1) the amount the member will receive under 

21 section 623 of the Fair and Equitable Tobacco Reform 

22 Act of 2004; and 

23 (2) the amount that the member would have like24 ly received under such section had the member re-
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1 mained a full-time producer of quota tobacco and not 

2 been called or ordered to active duty. 

3 (e) CALCULATION OF PAYMENT AMOUNT.—The Sec4 retary of Defense shall make the calculation required by 

5 subsection (c) in consultation with the Secretary of Agri6 culture. 

7 TITLE VII—HEALTH CARE 

8 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. 
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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.—Section 

7 1079(a)(8) of title 10, United States Code, is amend8 ed— 

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 PSYCHO17 LOGICAL NECESSITY OF SERVICE OR SUPPLY.—Sec18 tion 1079(a)(13) of such title is amended by inserting 

19 ‘‘, licensed or certified mental health counselor, ’’ after 

20 ‘‘certified marriage and family therapist’’. 

21 (b) SERVICES OF MENTAL HEALTH COUNSELORS.— 

22 (1) AUTHORITY TO ENTER INTO PERSONAL SERV23 ICES CONTRACTS.—Section 704(c)(2) of the National 

24 Defense Authorization Act for Fiscal Year 1995 (Pub25 lic Law 103–337; 108 Stat. 2799; 10 U.S.C. 1091 
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1 note) is amended by inserting ‘‘mental health coun2 selors,’’ after ‘‘psychologists,’’. 

3 (2) APPLICABILITY OF LICENSURE REQUIREMENT

4 FOR HEALTH-CARE PROFESSIONALS.—Section 1094 

5 (e)(2) of title 10, United States Code, is amended by 

6 inserting ‘‘mental health counselor,’’ after ‘‘psycholo7 gist,’’. 

8 SEC. 702. ADDITIONAL INFORMATION REQUIRED BY SUR9 VEYS ON TRICARE STANDARD. 

10 Section 723(a) of the National Defense Authorization 

11 Act for Fiscal Year 2004 (Public Law 108–136) is amended 

12 by adding at the end the following new paragraph: 

13 ‘‘(4) Surveys required by paragraph (1) shall include 

14 questions seeking to determine from health care providers 

15 the following: 

16 ‘‘(A) Whether the provider is aware of the 

17 TRICARE program. 

18 ‘‘(B) What percentage of the provider’s current 

19 patient population uses any form of TRICARE. 

20 ‘‘(C) Whether the provider accepts patients for 

21 whom payment is made under the medicare program 

22 for health care services. 

23 ‘‘(D) If the provider accepts patients referred to 

24 in subparagraph (C), whether the provider would ac-
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1 cept additional such patients who are not in the pro2 vider’s current patient population.’’. 

3 SEC. 703. ENHANCEMENT OF TRICARE COVERAGE FOR MEM4 BERS WHO COMMIT TO CONTINUED SERVICE 

5 IN THE SELECTED RESERVE. 

6 (a) EXTENSION OF COVERAGE FOR MEMBERS RE7 CALLED TO ACTIVE DUTY.—Section 1076d of title 10, 

8 United States Code, is amended— 

9 (1) in subsection (b), by redesignating paragraph 

10 (3) as paragraph (4) and by inserting after para11 graph (2) the following new paragraph (3): 

12 ‘‘(3) In the case of a member recalled to active duty 

13 before the period of coverage for which the member is eligible 

14 under subsection (a) terminates, the period of coverage of 

15 the member— 

16 ‘‘(A) resumes after the member completes the sub17 sequent active duty service (subject to any additional 

18 entitlement to care and benefits under section 1145(a) 

19 of this title that is based on the same subsequent ac20 tive duty service); and 

21 ‘‘(B) increases by any additional period of cov22 erage for which the member is eligible under sub23 section (a) based on the subsequent active duty serv24 ice.’’; 
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1 (2) in subsection (b)(2), by striking ‘‘Unless ear2 lier terminated under paragraph (3)’’ and inserting 

3 ‘‘Subject to paragraph (3) and unless earlier termi4 nated under paragraph (4)’’; and 

5 (3) in subsection (f), by adding at the end the 

6 following new paragraph: 

7 ‘‘(3) The term ‘member recalled to active duty’ 

8 means, with respect to a member who is eligible for 

9 coverage under this section based on a period of active 

10 duty service, a member who is called or ordered to ac11 tive duty for an additional period of active duty sub12 sequent to the period of active duty on which that eli13 gibility is based.’’. 

14 (b) EXTENSION OF COVERAGE FOR MEMBERS FACING

15 INVOLUNTARY RETIREMENT.—Section 1076d of such title is 

16 amended in subsection (b)(4), as redesignated by subsection 

17 (a)(1)— 

18 (1) by striking ‘‘Eligibility’’ and inserting ‘‘(A) 

19 Except as provided in subparagraphs (B) and (C), 

20 eligibility’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(B) In the case of a member who is separated from 

23 the Selected Reserve during a period of coverage for which 

24 the member is eligible under subsection (a) and whose sepa25 ration is a qualifying involuntary separation, that period 
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1 of coverage shall not terminate on account of the separation. 

2 For purposes of the preceding sentence, a qualifying invol3 untary separation is involuntary retirement, involuntary 

4 transfer to the Retired Reserve, or discharge while qualified 

5 for transfer to the Retired Reserve when required by law 

6 or regulation to be either transferred to the Retired Reserve 

7 or discharged.’’. 

8 (c) CONTINUED ELIGIBILITY FOR MEMBERS IN THE

9 INDIVIDUAL READY RESERVE.—Section 1076d of such title 

10 is amended in subsection (b)(4), as redesignated by sub11 section (a)(1), by adding at the end the following: 

12 ‘‘(C) Subparagraph (A) shall not apply in special cir13 cumstances prescribed by the Secretary, including contin14 ued service by a member in the Individual Ready Reserve.’’. 

15 (d) SPECIAL RULE FOR MOBILIZED MEMBERS OF IN16 DIVIDUAL READY RESERVE FINDING NO POSITION IN SE17 LECTED RESERVE.—Section 1076d of such title is amended 

18 by adding at the end of subsection (b) (as amended by this 

19 section) the following new paragraph: 

20 ‘‘(5) In the case of a member of the Individual Ready 

21 Reserve who meets the requirements for eligibility for health 

22 benefits under TRICARE Standard under subsection (a) 

23 except for membership in the Selected Reserve, the period 

24 of coverage under this section may begin not later than one 

25 year after coverage would otherwise begin under this section 
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1 had the member been a member of the Selected Reserve, if 

2 the member finds a position in the Selected Reserve during 

3 that one-year period.’’. 

4 (e) ELIGIBILITY OF FAMILY MEMBERS FOR 6 MONTHS

5 FOLLOWING DEATH OF MEMBER.—Section 1076d(c) of 

6 such title is amended by adding at the end the following: 

7 ‘‘If a member of a reserve component dies while in a period 

8 of coverage under this section, the eligibility of the members 

9 of the immediate family of such member for TRICARE 

10 Standard coverage shall continue for six months beyond the 

11 date of death of the member.’’ 

12 (f) OTHER AMENDMENTS.—Section 1076d of such title 

13 is amended— 

14 (1) in subsection (a)(2), by striking ‘‘on or before 

15 the date of the release’’ and inserting ‘‘not later than 

16 120 days after release’’; and 

17 (2) by amending subsection (f)(2) to read as fol18 lows: 

19 ‘‘(2) The term ‘TRICARE Standard’ means— 

20 ‘‘(A) medical care to which a dependent de21 scribed in section 1076(a)(2) of this title is enti22 tled; and 

23 ‘‘(B) health benefits contracted for under the 

24 authority of section 1079(a) of this title and sub-
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1 ject to the same rates and conditions as apply to 

2 persons covered under that section.’’. 

3 SEC. 704. STUDY AND PLAN RELATING TO CHIROPRACTIC 

4 HEALTH CARE SERVICES. 

5 (a) STUDY REQUIRED.— 

6 (1) GROUPS COVERED.—The Secretary of De7 fense shall conduct a study of providing chiropractic 

8 health care services and benefits to the following 

9 groups: 

10 (A) All members of the uniformed services 

11 on active duty and entitled to care under section 

12 1074(a) of title 10, United States Code. 

13 (B) All members described in subparagraph 

14 (A) and their eligible dependents, and all mem15 bers of reserve components of the uniformed serv16 ices and their eligible dependents. 

17 (C) All members or former members of the 

18 uniformed services who are entitled to retired or 

19 retainer pay or equivalent pay and their eligible 

20 dependents. 

21 (2) MATTERS EXAMINED.—For each group listed 

22 in subparagraphs (A), (B), and (C), the study shall 

23 examine the following with respect to chiropractic 

24 health care services and benefits: 
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1 (A) The cost of providing such services and 

2 benefits. 

3 (B) The feasibility of providing such serv4 ices and benefits. 

5 (C) An assessment of the health care benefits 

6 of providing such services and benefits. 

7 (D) An estimate of the potential cost sav8 ings of providing such services and benefits in 

9 lieu of other medical services. 

10 (3) SPACE AVAILABLE COSTS.—The study shall 

11 also include a detailed analysis of the projected costs 

12 of providing chiropractic health care services on a 

13 space available basis in the military treatment facili14 ties currently providing chiropractic care under sec15 tion 702 of the Floyd D. Spence National Defense Au16 thorization Act of Fiscal Year 2001 (as enacted by 

17 Public Law 106–398; 10 U.S.C. 1092 note). 

18 (4) ELIGIBLE DEPENDENTS DEFINED.—In this 

19 section, the term ‘‘eligible dependent’’ has the mean20 ing given that term in section 1076a(k) of title 10, 

21 United States Code. 

22 (b) PLAN REQUIRED.—Not later than March 31, 2006, 

23 the Secretary of Defense shall revise the plan required under 

24 section 702 of the Floyd D. Spence National Defense Au25 thorization Act of Fiscal Year 2001 (as enacted by Public 
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1 Law 106–398; 10 U.S.C. 1092 note), including a detailed 

2 analysis of the projected costs, to provide chiropractic health 

3 care services and benefits as a permanent part of the De4 fense Health Program (including the TRICARE program) 

5 as required under that section. 

6 (c) REPORT REQUIRED.—Not later than March 31, 

7 2006, the Secretary of Defense shall submit a report on the 

8 study required under subsection (a), together with the plan 

9 required under subsection (b), to the Committees on Armed 

10 Services of the Senate and the House of Representatives. 

11 SEC. 705. SURVIVING-DEPENDENT ELIGIBILITY UNDER 

12 TRICARE DENTAL PLAN FOR SURVIVING 

13 SPOUSES WHO WERE ON ACTIVE DUTY AT 

14 TIME OF DEATH OF MILITARY SPOUSE. 

15 Section 1076a(k) of title 10, United States Code, is 

16 amended to read as follows: 

17 ‘‘(k) ELIGIBLE DEPENDENT DEFINED.—(1) In this 

18 section, the term ‘eligible dependent’ means a dependent de19 scribed in subparagraph (A), (D), or (I) of section 1072(2) 

20 of this title. 

21 ‘‘(2) Such term includes any such dependent of a mem22 ber who dies while on active duty for a period of more than 

23 30 days or a member of the Ready Reserve if, on the date 

24 of the death of the member, the dependent— 
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1 ‘‘(A) is enrolled in a dental benefits plan estab2 lished under subsection (a); or 

3 ‘‘(B) if not enrolled in such a plan on such 

4 date— 

5 ‘‘(i) is not enrolled by reason of a dis6 continuance of a former enrollment under sub7 section (f); or 

8 ‘‘(ii) is not qualified for such enrollment be9 cause— 

10 ‘‘(I) the dependent is a child under the 

11 minimum age for such enrollment; or 

12 ‘‘(II) the dependent is a spouse who is 

13 a member of the armed forces on active duty 

14 for a period of more than 30 days. 

15 ‘‘(3) Such term does not include a dependent by reason 

16 of paragraph (2) after the end of the three-year period be17 ginning on the date of the member’s death.’’. 

18 SEC. 706. EXCEPTIONAL ELIGIBILITY FOR TRICARE PRIME 

19 REMOTE. 

20 Section 1079(p) of title 10, United States Code, is 

21 amended— 

22 (1) by redesignating paragraph (4) as para23 graph (5); and 

24 (2) by inserting after paragraph (3) the fol25 lowing new paragraph: 
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1 ‘‘(4) The Secretary of Defense may provide for 

2 coverage of a dependent referred to in subsection (a) 

3 who is not described in paragraph (3) if the Secretary 

4 determines that exceptional circumstances warrant 

5 such coverage.’’. 

6 Subtitle B—Other Matters 

7 SEC. 711. AUTHORITY TO RELOCATE PATIENT SAFETY CEN8 TER; RENAMING MEDTEAMS PROGRAM. 

9 (a) REPEAL OF REQUIREMENT TO LOCATE THE DE10 PARTMENT OF DEFENSE PATIENT SAFETY CENTER WITHIN

11 THE ARMED FORCES INSTITUTE OF PATHOLOGY .—Sub12 section (c)(3) of section 754 of the Floyd D. Spence National 

13 Defense Authorization Act for Fiscal Year 2001 (Public 

14 Law 106–398; 114 Stat. 1654–196) is amended by striking 

15 ‘‘within the Armed Forces Institute of Pathology’’. 

16 (b) RENAMING MEDTEAMS PROGRAM.—Subsection (d) 

17 of such section is amended by striking ‘‘MEDTEAMS’’ in the 

18 heading and inserting ‘‘ MEDICAL TEAM TRAINING’’. 

19 SEC. 712. MODIFICATION OF HEALTH CARE QUALITY INFOR20 MATION AND TECHNOLOGY ENHANCEMENT 

21 REPORTING REQUIREMENT. 

22 Section 723(e) of the National Defense Authorization 

23 Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 

24 697) is amended by striking paragraphs (1) through (4) 

25 and inserting the following: 
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1 ‘‘(1) Measures of the quality of health care fur2 nished. 

3 ‘‘(2) Population health. 

4 ‘‘(3) Patient safety. 

5 ‘‘(4) Patient satisfaction. 

6 ‘‘(5) The extent of use of evidence-based health 

7 care practices. 

8 ‘‘(6) The effectiveness of biosurveillance in detect9 ing an emerging epidemic.’’. 

10 SEC. 713. CORRECTION TO ELIGIBILITY OF CERTAIN RE11 SERVE OFFICERS FOR MILITARY HEALTH 

12 CARE PENDING ACTIVE DUTY FOLLOWING 

13 COMMISSIONING. 

14 (a) CORRECTION.—Clause (iii) of section 

15 1074(a)(2)(B) of title 10, United States Code, is amended 

16 by inserting before the semicolon the following: ‘‘or the or17 ders have been issued but the member has not entered active 

18 duty’’. 

19 (b) EFFECTIVE DATE.—The amendment made by sub20 section (a) shall take effect as of November 24, 2003, and 

21 as if included in the enactment of paragraph (2) of section 

22 1074(a) of title 10, United States Code, by section 708 of 

23 the National Defense Authorization Act for Fiscal Year 

24 2004 (Public Law 108–136; 117 Stat. 1530). 
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1 SEC. 714. PROHIBITION ON CONVERSIONS OF MILITARY 

2 MEDICAL POSITIONS TO CIVILIAN MEDICAL 

3 POSITIONS UNTIL SUBMISSION OF CERTIFI4 CATION. 

5 (a) PROHIBITION ON CONVERSIONS.—A Secretary of 

6 a military department may not convert any military med7 ical position to a civilian medical position until the Sec8 retary submits to the Committees on Armed Services of the 

9 Senate and the House of Representatives a certification that 

10 the conversions within that department will not increase 

11 cost or decrease quality of care or access to care. Such a 

12 certification may not be submitted before April 1, 2006. A 

13 Secretary submitting such a certification shall include with 

14 the certification a report in writing setting forth the meth15 odology used by the Secretary in making the determinations 

16 necessary for the certification, including the extent to which 

17 the Secretary took into consideration the findings of the 

18 Comptroller General in the report under subsection (d). 

19 (b) REQUIREMENT FOR STUDY.—The Comptroller 

20 General shall conduct a study on the effect of conversions 

21 of military medical positions to civilian medical positions 

22 on the defense health program. 

23 (c) MATTERS COVERED.—The study shall include the 

24 following: 
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1 (1) The number of military medical positions, by 

2 grade and specialty, planned for conversion to civil3 ian medical positions. 

4 (2) The number of military medical positions, by 

5 grade and specialty, converted to civilian medical po6 sitions since October 1, 2004. 

7 (3) The ability of the military health care system 

8 to fill the civilian medical positions required, by spe9 cialty. 

10 (4) The degree to which access to health care is 

11 affected in both the direct and purchased care system, 

12 including an assessment of the effects of any increased 

13 shifts in patient load from the direct care to the pur14 chased care system, or any delays in receipt of care 

15 in either the direct or purchased care system because 

16 of lack of direct care providers. 

17 (5) The degree to which changes in military 

18 manpower requirements affect recruiting and reten19 tion of uniformed medical personnel. 

20 (6) The effect of the conversions of military med21 ical positions to civilian medical positions on the de22 fense health program, including costs associated with 

23 the conversions, with a comparison of the estimated 

24 costs versus the actual costs incurred by the number 

25 of conversions since October 1, 2004. 
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1 (7) The effectiveness of the conversions in en2 hancing medical readiness, health care efficiency, pro3 ductivity, quality, and customer satisfaction. 

4 (d) REPORT.—Not later than March 1, 2006, the 

5 Comptroller General shall submit to the Committees on 

6 Armed Services of the Senate and House of Representatives 

7 a report containing the results of the study under this sec8 tion. 

9 (e) DEFINITIONS.—In this section: 

10 (1) The term ‘‘military medical position’’ means 

11 a position for the performance of health care functions 

12 within the Armed Forces held by a member of the 

13 Armed Forces. 

14 (2) The term ‘‘civilian medical position’’ means 

15 a position for the performance of health care functions 

16 within the Department of Defense held by an em17 ployee of the Department or of a contractor of the De18 partment. 

19 SEC. 715. CLARIFICATION OF INCLUSION OF DENTAL CARE 

20 IN MEDICAL READINESS TRACKING AND 

21 HEALTH SURVEILLANCE PROGRAM. 

22 (a) INCLUSION OF DENTAL CARE.—Subtitle D of title 

23 VII of the Ronald W. Reagan National Defense Authoriza24 tion Act for Fiscal Year 2005 (Public Law 108–375; 10 
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1 U.S.C. 1074 note) is amended by adding at the end the fol2 lowing new section: 

3 ‘‘SEC. 740. INCLUSION OF DENTAL CARE. 

4 ‘‘For purposes of the plan, this title, and the amend5 ments made by this title, references to medical readiness, 

6 health status, and health care shall be considered to include 

7 dental readiness, dental status, and dental care.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections at 

9 the beginning of title VII of such Act and in section 2(b) 

10 of such Act are each amended by inserting after the item 

11 relating to section 740 the following: 

‘‘Sec. 740. Inclusion of dental care.’’ . 

12 SEC. 716. COOPERATIVE OUTREACH TO MEMBERS AND 

13 FORMER MEMBERS OF THE NAVAL SERVICE 

14 EXPOSED TO ENVIRONMENTAL FACTORS RE15 LATED TO SARCOIDOSIS. 

16 (a) OUTREACH PROGRAM REQUIRED.—The Secretary 

17 of the Navy, in coordination with the Secretary of Veterans 

18 Affairs, shall conduct an outreach program to contact all 

19 members and former members of the naval service who, in 

20 connection with service aboard Navy ships may have been 

21 exposed to aerosolized particles resulting from the removal 

22 of nonskid coating used on those ships. 

23 (b) PURPOSES OF OUTREACH PROGRAM.—The pur24 poses of the outreach program are as follows: 
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1 (1) To develop additional data for use in subse2 quent studies aimed at determining a causative link 

3 between sarcoidosis and military service. 

4 (2) To inform members and former members 

5 identified in subsection (a) of the findings of Navy 

6 studies identifying an association between service 

7 aboard certain naval ships and sarcoidosis. 

8 (3) To assist members and former members iden9 tified in subsection (a) in getting medical evaluations 

10 to help clarify linkages between their disease and 

11 their service aboard Navy ships. 

12 (4) To ensure the Department of Veterans Affairs 

13 has data and information for the effective evaluation 

14 of veterans who may seek care for sarcoidosis. 

15 (c) IMPLEMENTATION.—The Secretary of the Navy 

16 shall begin the outreach program not later than six months 

17 after the date of the enactment of this act and provide to 

18 the Committees on Armed Services of the Senate and the 

19 House of Representatives a report on the results of the out20 reach programs not later than one year after beginning the 

21 program. 
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1 SEC. 717. EARLY IDENTIFICATION AND TREATMENT OF 

2 MENTAL HEALTH AND SUBSTANCE ABUSE 

3 DISORDERS. 

4 (a) AUTHORITY.—The Secretary of Defense may carry 

5 out activities to foster the early identification and treat6 ment of mental health and substance abuse problems experi7 enced by members of the Armed Forces, with special empha8 sis on members who have served in a theater of combat oper9 ations within the preceding 12 months. 

10 (b) ACTIVITIES.—The activities carried out by the Sec11 retary under subsection (a) may include the conduct of a 

12 series of campaigns that uses internal mass media (includ13 ing radio and television) communications and other edu14 cation tools to change attitudes within the Armed Forces 

15 regarding mental health and substance abuse treatment, 

16 with the aim of lessening the stigma associated with mental 

17 health and substance abuse problems and the treatment of 

18 such problems, including the development of pertinent mes19 saging targeted to— 

20 (1) members of the Armed Forces who may be ex21 periencing mental health or substance abuse problems 

22 and their family members; 

23 (2) commanders and supervisory personnel; and 

24 (3) peers of members of the Armed Forces who 

25 may be experiencing mental health or substance abuse 

26 problems or be at risk of such problems. 
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1 TITLE VIII—ACQUISITION POL2 ICY, ACQUISITION MANAGE3 MENT, AND RELATED MAT4 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. 

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. 
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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 Key 

13 Decision Point B approval 

14 ‘‘(a) CERTIFICATION.—A major defense acquisition 

15 program may not receive Milestone B approval, or Key De16 cision 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 likelihood 

21 of accomplishing its intended mission; 

22 ‘‘(3) the program is affordable when considering 

23 the per unit cost and the total acquisition cost in the 

24 context of the total resources available during the pe25 riod covered by the future-years defense program sub-
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1 mitted during the fiscal year in which the certifi2 cation is made; 

3 ‘‘(4) the program is affordable when considering 

4 the ability of the Department of Defense to accomplish 

5 the program’s mission using alternative systems; 

6 ‘‘(5) the Joint Requirements Oversight Council 

7 has accomplished its duties with respect to the pro8 gram pursuant to section 181(b) of this title, includ9 ing an analysis of the operational requirements for 

10 the program; and 

11 ‘‘(6) the program complies with all relevant poli12 cies, regulations, and directives of the Department of 

13 Defense. 

14 ‘‘(b) SUBMISSION TO CONGRESS.—The certification re15 quired under subsection (a) with respect to a major defense 

16 acquisition program shall be submitted to the congressional 

17 defense committees at least 30 days before approval of Mile18 stone B or Key Decision Point B. 

19 ‘‘(c) WAIVER FOR NATIONAL SECURITY.—The Sec20 retary may waive the applicability of the certification re21 quirement under subsection (a) to a major defense acquisi22 tion program if the Secretary determines that, but for such 

23 a waiver, the Department would be unable to meet national 

24 security objectives. Whenever the Secretary makes such a de25 termination and authorizes such a waiver, the Secretary 
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1 shall submit notice of such waiver and of the Secretary’s 

2 determination, and the reasons for the determination, in 

3 writing to the congressional defense committees within 30 

4 days after authorizing the waiver. 

5 ‘‘(d) NONDELEGATION.—The Secretary may not dele6 gate the certification requirement under subsection (a) or 

7 the authority to waive such requirement under subsection 

8 (d). 

9 ‘‘(e) DEFINITIONS.—In this section: 

10 ‘‘(1) The term ‘major defense acquisition pro11 gram’ means a Department of Defense acquisition 

12 program that is a major defense acquisition program 

13 for purposes of section 2430 of this title. 

14 ‘‘(2) The term ‘Milestone B approval’ has the 

15 meaning provided that term in section 2366(e)(7) of 

16 this title. 

17 ‘‘(3) The term ‘Key Decision Point B’ means the 

18 official program initiation of a National Security 

19 Space program of the Department of Defense, which 

20 triggers a formal review to determine maturity of 

21 technology and the program’s readiness to begin the 

22 preliminary system design.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections at 

24 the beginning of such chapter is amended by inserting after 

25 the item relating to section 2366 the following new item: 
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‘‘2366a. Major defense acquisition programs: certification required before Milestone B approval or Key Decision Point B approval.’’. 

1 SEC. 802. REQUIREMENT FOR ANALYSIS OF ALTERNATIVES 

2 TO MAJOR DEFENSE ACQUISITION PRO3 GRAMS. 

4 (a) ANALYSIS OF ALTERNATIVES REQUIREMENT.— 

5 Chapter 144 of title 10, United States Code, is amended 

6 by inserting after section 2433 the following new section: 

7 ‘‘§ 2433a. Analysis of alternatives 

8 ‘‘(a) REQUIREMENT IF UNIT COSTS EXCEED 15 PER9 CENT.—If the percentage increase in the program acquisi10 tion unit cost or procurement unit cost of a major defense 

11 acquisition program (as determined by the Secretary con12 cerned under section 2433(d)(3) of this title) exceeds 15 per13 cent, then the Secretary concerned shall initiate an analysis 

14 of alternatives for the major defense acquisition program, 

15 in accordance with this section. 

16 ‘‘(b) MATTERS COVERED IN ANALYSIS OF ALTER17 NATIVES.—An analysis of alternatives for a major defense 

18 acquisition program shall include, at a minimum, the fol19 lowing: 

20 ‘‘(1) Projected cost to complete the program if 

21 current requirements are not modified. 

22 ‘‘(2) Projected cost to complete the program 

23 based on potential modifications to the requirements. 
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1 ‘‘(3) Projected cost to complete the program 

2 based on design modifications, enhancements to the 

3 producibility of the program, and manufacturing effi4 ciencies. 

5 ‘‘(4) Projected cost and capabilities of the pro6 gram that could be delivered within the originally au7 thorized budget for the program, including any in8 crease or decrease in capability. 

9 ‘‘(5) Projected cost for an alternative system or 

10 capability. 

11 ‘‘(c) COMPLETION AND SUBMISSION TO CONGRESS.— 

12 With respect to any analysis of alternatives initiated under 

13 this section, the Secretary— 

14 ‘‘(1) shall complete the analysis not later than 1 

15 year after the date of initiation; and 

16 ‘‘(2) shall submit the analysis to the congres17 sional defense committees not later than 30 days after 

18 the date of completion.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections at 

20 the beginning of such chapter is amended by adding at the 

21 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 (B) 

10 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 case 

14 of a space system, conduct a re-baseline for the pro15 gram under section 2435(d), and notify the congres16 sional defense committees of such return and revision, 

17 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 such 

23 title is amended— 

24 (1) by redesignating subsection (d) as subsection 

25 (e); and 
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1 (2) by inserting after subsection (c) the following 

2 new subsection: 

3 ‘‘(d) RE-BASELINING.— 

4 ‘‘(1) RE-BASELINE AUTHORIZED.—For purposes 

5 of this chapter, a baseline for a major defense acquisi6 tion program may be re-baselined only if a percent7 age increase in program acquisition unit cost or pro8 curement unit cost of the program exceeding 25 per9 cent occurs (as determined by the Secretary under sec10 tion 2433(d)). 

11 ‘‘(2) NOTIFICATION TO CONGRESS OF RE-BASE12 LINING.—The Secretary shall notify the congressional 

13 defense committees not later than 30 days after a re14 baselining has been conducted for a major defense ac15 quisition 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 COM21 PENSATION CAP.—Section 808(e)(2) of Public Law 105–85 

22 (41 U.S.C. 435 note; 111 Stat. 1838) is amended by striking 

23 ‘‘before, on,’’ and inserting ‘‘on’’. 
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1 (b) EFFECTIVE DATE.—The amendment made by sub2 section (a) shall apply as if included in Public Law 105– 

3 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 REG8 ULATION.—Not later than 180 days after the date of the 

9 enactment of this Act, the Federal Acquisition Regulation 

10 shall be revised to include provisions that require the head 

11 of an executive agency, to the maximum extent practicable, 

12 to use commercially available online procurement services 

13 to purchase commercial items, including those procurement 

14 services that allow the agency to conduct reverse auctions. 

15 (b) REPORT.—Not later than one year after the revi16 sions to the Federal Acquisition Regulation are issued pur17 suant to subsection (a), the Administrator for Federal Pro18 curement Policy shall submit to the Committees on Govern19 mental Affairs and Homeland Security and on Armed 

20 Services of the Senate and the Committees on Government 

21 Reform and on Armed Services of the House of Representa22 tives a report on the use of commercially available online 

23 procurement services. The report shall include— 

24 (1) a list of the executive agencies that have used 

25 commercially available online procurement services, 
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1 and the number of times each has so used such serv2 ices; 

3 (2) a list of the types of commercially available 

4 online procurement services used by each executive 

5 agency and the dollar value of the procurements con6 ducted through each type of commercially available 

7 online procurement service; and 

8 (3) the Administrator’s recommendations for fur9 ther encouraging the use of commercially available 

10 online procurement services, particularly those that 

11 afford the Federal Government the opportunity to 

12 conduct reverse auctions. 

13 (c) DEFINITIONS.—In this section: 

14 (1) The term ‘‘commercially available online 

15 procurement services’’, with respect to procurement by 

16 executive agencies, includes reverse auctions and other 

17 services accessible on the Internet that allow executive 

18 agencies to purchase commercial items from electronic 

19 catalogs and offerors to bid for delivery orders of such 

20 items. 

21 (2) The term ‘‘reverse auction’’, with respect to 

22 procurement by executive agencies, means a method of 

23 soliciting offers on the Internet for commercial items, 

24 not including construction-related services, in 

25 which— 
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1 (A) firms compete against each other on the 

2 Internet in real time and in an open and inter3 active environment; and 

4 (B) each firm’s identity and pricing are 

5 safeguarded. 

6 (3) The term ‘‘Federal Acquisition Regulation’’ 

7 means the single Government-wide procurement regu8 lation issued in accordance with sections 6 and 25 of 

9 the Office of Federal Procurement Policy Act (41 

10 U.S.C. 405 and 421). 

11 (4) The terms ‘‘executive agency’’, ‘‘commercial 

12 item’’, and ‘‘procurement’’ have the meanings pro13 vided those terms in section 4 of the Office of Federal 

14 Procurement Policy Act (41 U.S.C. 403 et seq.). 

15 SEC. 813. CONTINGENCY CONTRACTING CORPS. 

16 (a) REQUIREMENT TO ESTABLISH CONTINGENCY CON17 TRACTING CORPS.— 

18 (1) REQUIREMENT.—The Secretary of Defense 

19 shall establish a contingency contracting corps, to be 

20 implemented, subject to the authority, direction, and 

21 control of the Secretary, through a joint policy devel22 oped by the Chairman of the Joint Chiefs of Staff, in 

23 accordance with this section. 

24 (2) HEAD OF CORPS.—The policy shall provide 

25 that the corps shall be directed by a senior commis-
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1 sioned officer with appropriate acquisition experience 

2 and qualifications, who shall report directly to the 

3 commander of the combatant command in whose area 

4 of responsibility the corps is operating when deployed. 

5 In the case of more than one operation for which the 

6 corps is deployed, the head of the corps may delegate 

7 command authority, but any officer to whom the au8 thority is delegated shall report directly to the com9 mander of the combatant command concerned. 

10 (3) OPERATION OF CORPS.—The policy shall 

11 provide that the contingency contracting corps shall 

12 conduct contingency contracting— 

13 (A) during combat operations and use 

14 rapid acquisition authority to the maximum ex15 tent appropriate; 

16 (B) during post-conflict operations to assist 

17 the commander of the combatant command in 

18 meeting urgent contracting requirements; and 

19 (C) by using both deployed and non-de20 ployed contingency contracting personnel for car21 rying out contingency contracting. 

22 (4) TRAINING OF CORPS.— 

23 (A) The policy developed under paragraph 

24 (1) shall provide for training all contingency 

25 contracting personnel in the use of law, regula-
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1 tions, policies, and directives related to contin2 gency contracting operations, and shall ensure 

3 that the training is maintained for such per4 sonnel even when they are not deployed in a con5 tingency operation. 

6 (B) The policy shall require the training of 

7 contingency contracting personnel to include in8 struction from a program to be created by the 

9 Defense Acquisition University and inclusion of 

10 contingency contracting personnel in relevant 

11 wargaming and operational planning. 

12 (C) The policy shall require contingency 

13 contracting personnel to remain proficient in 

14 contingency contracting operations during peace15 time and shall allow such personnel to be used 

16 for other acquisition and contracting-related ac17 tivities when not required in support of contin18 gency contracting operations. 

19 (D) The policy shall provide for the corps to 

20 use integrated contracting, financial, and other 

21 support systems. 

22 (5) REGULATIONS.—The Secretary shall pre23 scribe regulations to carry out this section. The regu24 lations shall be developed in coordination with the 

25 Under Secretary of Defense for Acquisition, Tech-
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1 nology, and Logistics, the Secretaries of the military 

2 departments, and the acquisition support agencies. 

3 The regulations shall be uniform to the maximum ex4 tent practicable among the military departments and 

5 shall address, at a minimum, applicable laws, regula6 tions, policies, and directives related to contingency 

7 contracting. 

8 (b) REPORT.— 

9 (1) REQUIREMENT.—Not later than 270 days 

10 after the date of the enactment of this Act, the Sec11 retary of Defense shall submit to the Committees on 

12 Armed Services of the Senate and the House of Rep13 resentatives a report on contingency contracting. 

14 (2) MATTERS COVERED.—The report shall in15 clude discussions of the following: 

16 (A) Progress in the implementation of the 

17 contingency contracting corps, in accordance 

18 with the requirements of subsection (a). 

19 (B) The ability of the Armed Forces to sup20 port contingency contracting. 

21 (C) The ability of commanders of combatant 

22 commands to request contingency contracting 

23 support and the ability of the military depart24 ments and the acquisition support agencies to re25 spond to such requests and provide such support, 
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1 including the availability of rapid acquisition 

2 personnel for such support. 

3 (D) The ability of the current civilian and 

4 military acquisition workforce to deploy to com5 bat theaters of operations and to conduct con6 tracting activities during combat and during 

7 post-conflict, reconstruction, or other contingency 

8 operations. 

9 (E) The effect of different periods of deploy10 ment on continuity in the acquisition process. 

11 (c) DEFINITIONS.—In this section: 

12 (1) CONTINGENCY CONTRACTING PERSONNEL.— 

13 The term ‘‘contingency contracting personnel’’ means 

14 members of the Armed Forces and civilian employees 

15 of the Department of Defense who are members of the 

16 defense acquisition workforce and, as part of their du17 ties, are assigned to provide support to contingency 

18 operations (whether deployed or not). 

19 (2) CONTINGENCY CONTRACTING.—The term 

20 ‘‘contingency contracting’’ means all stages of the 

21 process of acquiring property or services by the De22 partment of Defense during a contingency operation. 

23 (3) CONTINGENCY OPERATION.—The term ‘‘con24 tingency operation’’ has the meaning provided in sec25 tion 101(13) of title 10, United States Code. 
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1 (4) ACQUISITION SUPPORT AGENCIES.—The term 

2 ‘‘acquisition support agencies’’ means Defense Agen3 cies and Department of Defense Field Activities that 

4 carry out and provide support for acquisition-related 

5 activities. 

6 SEC. 814. REQUIREMENT FOR CONTRACTING OPERATIONS 

7 TO BE INCLUDED IN INTERAGENCY PLAN8 NING RELATED TO STABILIZATION AND RE9 CONSTRUCTION. 

10 (a) INCLUSION OF CONTRACTING OPERATIONS IN

11 INTERAGENCY PLANNING.—The Secretary of Defense shall 

12 include contracting operations in all relevant interagency 

13 planning operations of the Department of Defense related 

14 to stabilization and reconstruction operations. 

15 (b) SECRETARY OF DEFENSE REQUIREMENTS.—If the 

16 President designates the Department of Defense as the exec17 utive agency with primary responsibility for contracting 

18 operations in post-conflict, stabilization, or reconstruction 

19 operations, the Secretary of Defense shall develop policy and 

20 procedures for the Department of Defense to serve as such 

21 executive agency. 

22 (c) REPORT.— 

23 (1) REQUIREMENT.—The Secretary of Defense 

24 and the Secretary of State shall jointly prepare a re-
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1 port on lessons learned from carrying out contracting 

2 operations during Operation Iraqi Freedom. 

3 (2) MATTERS COVERED.—The report shall ad4 dress the following with respect to such activities: 

5 (A) Development of an appropriate acquisi6 tion planning strategy before obligation of funds, 

7 including the scope of planned contracting oper8 ations, project management, logistics, and finan9 cial considerations. 

10 (B) Flow of appropriated funds. 

11 (C) Ability to obtain military and civilian 

12 acquisition workforce personnel. 

13 (D) Ability to obtain country clearances for 

14 such personnel. 

15 (E) Ability to reprogram funds and to co16 ordinate interagency activities. 

17 (3) SUBMISSION.—Not later than 180 days after 

18 the date of the enactment of this Act, the report shall 

19 be submitted to the Committees on Armed Services 

20 and Foreign Relations of the Senate and the Commit21 tees on Armed Services and International Relations of 

22 the House of Representatives. 
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1 SEC. 815. STATEMENT OF POLICY AND REPORT RELATING 

2 TO CONTRACTING WITH EMPLOYERS OF PER3 SONS WITH DISABILITIES. 

4 (a) EXTENSIONS OF INAPPLICABILITY OF CERTAIN

5 ACTS.—Section 853 of the Ronald W. Reagan National De6 fense Authorization Act for Fiscal Year 2005 (Public Law 

7 108–375; 118 Stat. 2021) is amended in subsections (a)(2) 

8 (A) and (b)(2)(A) by striking ‘‘2005’’ and inserting ‘‘2006’’. 

9 (b) STATEMENT OF POLICY.—The Secretary of Defense 

10 and the Secretary of Education shall jointly issue a state11 ment of policy related to the implementation of the Ran12 dolph-Sheppard Act (20 U.S.C. 107 et seq.) and the Javits13 Wagner-O’Day Act (41 U.S.C. 48) within the Department 

14 of Defense and the Department of Education. The joint 

15 statement of policy shall specifically address the application 

16 of those Acts to both operation and management of all or 

17 any part of a military mess hall, military troop dining 

18 facility, or any similar dining facility operated for the pur19 pose of providing meals to members of the Armed Forces, 

20 and shall take into account and address, to the extent prac21 ticable, the positions acceptable to persons representing pro22 grams implemented under each Act. 

23 (c) REPORT.—Not later than April 1, 2006, the Sec24 retary of Defense and the Secretary of Education shall sub25 mit to the Committees on Armed Services of the Senate and 

26 the House of Representatives, the Committee on Health, 
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1 Education, Labor and Pensions of the Senate, and the Com2 mittee on Education and the Workforce of the House of Rep3 resentatives a report describing the joint statement of policy 

4 issued under subsection (b), with such findings and rec5 ommendations as the Secretaries consider appropriate. 

6 SEC. 816. STUDY ON DEPARTMENT OF DEFENSE CON7 TRACTING WITH SMALL BUSINESS CONCERNS 

8 OWNED AND CONTROLLED BY SERVICE-DIS9 ABLED VETERANS. 

10 (a) STUDY REQUIRED.—The Secretary of Defense shall 

11 conduct a study on Department of Defense procurement 

12 contracts with small business concerns owned and controlled 

13 by service-disabled veterans. 

14 (b) ELEMENTS OF STUDY.—The study required by sub15 section (a) shall include the following determinations: 

16 (1) Any steps taken by the Department of De17 fense to meet the Government-wide goal of participa18 tion by small business concerns owned and controlled 

19 by service-disabled veterans in at least 3 percent of 

20 the total value of all prime contract and subcontract 

21 awards, as required under section 15(g) of the Small 

22 Business Act (15 U.S.C. 644(g)). 

23 (2) If the Department of Defense has failed to 

24 meet such goal, an explanation of the reasons for such 

25 failure. 
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1 (3) Any steps taken within the Department of 

2 Defense to make contracting officers aware of the 3 

3 percent goal and to ensure that procurement officers 

4 are working actively to achieve such goal. 

5 (4) The number of small business concerns owned 

6 and controlled by service-disabled veterans which sub7 mitted offers on contracts with the Department of De8 fense during the preceding fiscal year. 

9 (5) Any outreach efforts made by the Department 

10 to enter into contracts with small business concerns 

11 owned and controlled by service-disabled veterans. 

12 (6) Any such outreach efforts the Department 

13 could make but has not made. 

14 (7) Whether, in awarding subcontracts, prime 

15 contractors are aware of the preference for small busi16 ness concerns owned and controlled by service-disabled 

17 veterans under section 36 of the Small Business Act 

18 (15 U.S.C. 657f). 

19 (8) Any plans of the Department of Defense to 

20 increase the percentage of Federal contracts it awards 

21 to small businesses owned and controlled by service22 disabled veterans. 

23 (c) REPORT.—Not later than the date that is six 

24 months after the date of the enactment of this Act, the Sec-
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1 retary shall submit to Congress a report on the findings 

2 of the study conducted under this section. 

3 (d) SMALL BUSINESS CONCERN OWNED AND CON4 TROLLED BY SERVICE-DISABLED VETERANS.—In this sec5 tion, the term ‘‘small business concern owned and controlled 

6 by service-disabled veterans’’ has the meaning given that 

7 term in section 3(q) of the Small Business Act (15 U.S.C. 

8 632(q)). 

9 SEC. 817. PROHIBITION ON PROCUREMENT FROM BENE10 FICIARIES OF FOREIGN SUBSIDIES. 

11 (a) PROHIBITION.—The Secretary of Defense may not 

12 enter into a contract for the procurement of goods or services 

13 from any foreign person to which the government of a for14 eign country that is a member of the World Trade Organi15 zation has provided a subsidy if— 

16 (1) the United States has requested consultations 

17 with that foreign country under the Agreement on 

18 Subsidies and Countervailing Measures on the basis 

19 that the subsidy is a prohibited subsidy under that 

20 Agreement; and 

21 (2) either— 

22 (A) the issue before the World Trade Orga23 nization has not been resolved; or 

24 (B) the World Trade Organization has 

25 ruled that the subsidy provided by the foreign 
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1 country is a prohibited subsidy under the Agree2 ment on Subsidies and Countervailing Measures. 

3 (b) JOINT VENTURES.—The prohibition under sub4 section (a) with respect to a foreign person also applies to 

5 any joint venture, cooperative organization, partnership, or 

6 contracting team of which that foreign person is a member. 

7 (c) SUBCONTRACTS AND TASK ORDERS.—The prohibi8 tion under subsection (a) with respect to a contract also 

9 applies to any subcontracts at any tier entered into under 

10 the contract and any task orders at any tier issued under 

11 the contract. 

12 (d) DEFINITIONS.—In this section: 

13 (1) The term ‘‘Agreement on Subsidies and 

14 Countervailing Measures’’ means the agreement de15 scribed in section 101(d)(12) of the Uruguay Round 

16 Agreements Act (19 U.S.C. 3501(d)(12)). 

17 (2) The term ‘‘foreign person’’ means— 

18 (A) an individual who is not a United 

19 States person or an alien lawfully admitted for 

20 permanent residence into the United States; or 

21 (B) a corporation, partnership, or other 

22 nongovernmental entity which is not a United 

23 States person. 

24 (3) The term ‘‘United States person’’ means— 
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1 (A) a natural person who is a citizen of the 

2 United States or who owes permanent allegiance 

3 to the United States; and 

4 (B) a corporation or other legal entity 

5 which is organized under the laws of the United 

6 States, any State or territory thereof, or the Dis7 trict of Columbia, if natural persons described in 

8 subparagraph (A) own, directly or indirectly, 

9 more than 50 percent of the outstanding capital 

10 stock or other beneficial interest in such legal en11 tity. 

12 (e) APPLICABILITY.— 

13 (1) PROGRAMS WITH MILESTONE B APPROVAL

14 NOT COVERED.—The prohibition under subsection (a) 

15 shall not apply to any contract under a major defense 

16 acquisition program that has received Milestone B 

17 approval as of the date of the enactment of this Act. 

18 (2) DEFINITIONS.—In this subsection: 

19 (A) The term ‘‘major defense acquisition 

20 program’’ means a Department of Defense acqui21 sition program that is a major defense acquisi22 tion program for purposes of section 2430 of title 

23 10, United States Code. 
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1 (B) The term ‘‘Milestone B approval’’ has 

2 the meaning provided that term in section 

3 2366(e)(7) of such title. 

4 Subtitle C—Amendments to General 

5 Contracting Authorities, Proce6 dures, and Limitations 

7 SEC. 821. INCREASED FLEXIBILITY FOR DESIGNATION OF 

8 CRITICAL ACQUISITION POSITIONS IN DE9 FENSE ACQUISITION WORKFORCE. 

10 Subparagraph (A) of section 1733(b)(1) of title 10, 

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

12 ‘‘(A) Any acquisition position that is required to 

13 be filled by a senior civilian employee in the National 

14 Security Personnel System or a senior commissioned 

15 officer of the Army, Navy, Air Force, or Marine 

16 Corps, as determined in accordance with guidelines 

17 prescribed by the Secretary.’’. 

18 SEC. 822. PARTICIPATION BY DEPARTMENT OF DEFENSE IN 

19 ACQUISITION WORKFORCE TRAINING FUND. 

20 (a) REQUIRED CONTRIBUTIONS TO ACQUISITION

21 WORKFORCE TRAINING FUND BY DEPARTMENT OF DE22 FENSE.—Section 37(h)(3) of the Office of Federal Procure23 ment Policy Act (41 U.S.C. 433(h)(3)) is amended— 

24 (1) in subparagraph (B), by striking ‘‘(other 

25 than the Department of Defense)’’; and 
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1 (2) by redesignating subparagraphs (D), (E), 

2 (F), and (G) as subparagraphs (E), (F), (G), and 

3 (H), respectively, and inserting after subparagraph 

4 (C) the following new subparagraph (D): 

5 ‘‘(D) The Administrator of General Services 

6 shall transfer to the Secretary of Defense fees col7 lected from the Department of Defense pursuant 

8 to subparagraph (B), to be used by the Defense 

9 Acquisition University for purposes of acquisi10 tion workforce training for the entire Federal ac11 quisition workforce.’’. 

12 (b) CONFORMING AMENDMENTS.— 

13 (1) OFFICE OF FEDERAL PROCUREMENT POLICY

14 ACT.—Section 37(a) of the Office of Federal Procure15 ment Policy Act (41 U.S.C. 433) is amended by strik16 ing ‘‘This section’’ and inserting ‘‘Except as provided 

17 in subsection (h)(3), this section’’. 

18 (2) PUBLIC LAW 108–136.—Section 1412 of the 

19 National Defense Authorization Act for Fiscal Year 

20 2004 (Public Law 108–136; 117 Stat. 1664) is 

21 amended by striking subsection (c). 

22 (c) DEFENSE ACQUISITION UNIVERSITY FUNDING.— 

23 Amounts transferred under section 37(h)(3)(D) of the Office 

24 of Federal Procurement Policy Act (as amended by sub25 section (a)) for use by the Defense Acquisition University 
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1 shall be in addition to other amounts authorized for the 

2 University. 

3 (d) EFFECTIVE DATE.—The amendments made by this 

4 section shall apply with respect to contracts entered into 

5 after the date of the enactment of this Act. 

6 SEC. 823. INCREASE IN COST ACCOUNTING STANDARD 

7 THRESHOLD. 

8 Section 26(f)(2)(A) of the Office of Federal Procure9 ment Policy Act (41 U.S.C. 422(f)(A)) is amended by strik10 ing ‘‘$500,000’’ and inserting ‘‘$550,000’’. 

11 SEC. 824. AMENDMENTS TO DOMESTIC SOURCE REQUIRE12 MENTS RELATING TO CLOTHING MATERIALS 

13 AND COMPONENTS COVERED. 

14 (a) NOTICE.—Section 2533a of title 10, United States 

15 Code, is amended by adding at the end the following new 

16 subsection: 

17 ‘‘(k) NOTIFICATION REQUIRED WITHIN 7 DAYS AFTER

18 CONTRACT AWARD IF CERTAIN EXCEPTIONS APPLIED.—In 

19 the case of any contract for the procurement of an item de20 scribed in subparagraph (B), (C), (D), or (E) of subsection 

21 (b)(1), if the Secretary of Defense or of the military depart22 ment concerned applies an exception set forth in subsection 

23 (c) or (e) with respect to that contract, the Secretary shall, 

24 not later than 7 days after the award of the contract, post 

25 a notification that the exception has been applied on the 
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1 Internet site maintained by the General Services Adminis2 tration known as FedBizOps.gov (or any successor site). ’’. 

3 (b) CLOTHING MATERIALS AND COMPONENTS COV4 ERED.—Subsection (b) of section 2533a of title 10, United 

5 States Code, is amended in paragraph (1)(B) by inserting 

6 before the semicolon the following: ‘‘and the materials and 

7 components thereof, other than sensors, electronics, or other 

8 items added to, and not normally associated with, clothing 

9 (and the materials and components thereof)’’. 

10 SEC. 825. RAPID ACQUISITION AUTHORITY TO RESPOND TO 

11 DEFENSE INTELLIGENCE COMMUNITY EMER12 GENCIES. 

13 (a) RAPID ACQUISITION AUTHORITY.—In the case of 

14 any critical intelligence capability that, as determined in 

15 writing by the Secretary of Defense, without delegation, is 

16 urgently needed to address a demonstrable, imminent, and 

17 urgent threat to national security that would likely result 

18 in combat fatalities or grave harm to the national security 

19 of the United States, the Secretary shall use the procedures 

20 developed under this section in order to accomplish the 

21 rapid acquisition and deployment of the needed critical in22 telligence capabilities. 

23 (b) DESIGNATION OF SENIOR OFFICIAL.—Whenever 

24 the Secretary makes a determination under subsection (a) 

25 that the rapid acquisition of critical intelligence capability 
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1 is needed, the Secretary shall designate a senior official of 

2 the Department of Defense to ensure that the intelligence 

3 capability is acquired and deployed as quickly as possible, 

4 with a goal of awarding a contract for the acquisition of 

5 the intelligence capability within 15 days after the deter6 mination is made. 

7 (c) WAIVER AUTHORITY.—Upon designation of a sen8 ior official under subsection (b), the Secretary shall author9 ize that official to waive any provision of law, policy, direc10 tive, or regulation described in subsection (f) that such offi11 cial determines in writing would unnecessarily impede the 

12 rapid acquisition and deployment of the needed intelligence 

13 capability. 

14 (d) FUNDING OF RAPID ACQUISITIONS.—The author15 ity of this section may not be used to acquire intelligence 

16 capability in an amount aggregating more than 

17 $20,000,000 during any fiscal year. For acquisitions of in18 telligence capability under this subsection during the fiscal 

19 year in which the Secretary makes the determination de20 scribed in subsection (a) with respect to such intelligence 

21 capability, the Secretary may use any funds available to 

22 the Department of Defense for that fiscal year. 

23 (e) NOTICE TO CONGRESS.—The Secretary of Defense 

24 shall notify the congressional defense committees within 15 

25 days after each determination made under subsection (a). 
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1 Each such notice shall identify in either classified or un2 classified format, as appropriate— 

3 (1) the intelligence capability to be acquired; 

4 (2) the amount anticipated to be expended for 

5 the acquisition; and 

6 (3) the source of funds for the acquisition. 

7 (f) WAIVER OF CERTAIN STATUTES AND REGULA8 TIONS.— 

9 (1) IN GENERAL.—Upon a determination de10 scribed in subsection (a), the senior official designated 

11 in accordance with subsection (b) with respect to that 

12 designation is authorized to waive any provision of 

13 law, policy, directive or regulation addressing— 

14 (A) the establishment of the requirement for 

15 the intelligence capability; 

16 (B) the research, development, test, and 

17 evaluation of the intelligence capability; or 

18 (C) the solicitation and selection of sources, 

19 and the award of the contract, for procurement 

20 of the intelligence capability. 

21 (2) LIMITATION.—Nothing in this subsection au22 thorizes the waiver of any provision of law imposing 

23 civil or criminal penalties. 
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1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND 

3 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. 

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. 

4 Subtitle A—Department of Defense 

5 Management 

6 SEC. 901. RESTORATION OF PARITY IN PAY LEVELS AMONG 

7 UNDER SECRETARY POSITIONS. 

8 (a) POSITIONS OF UNDER SECRETARIES OF MILITARY

9 DEPARTMENTS RAISED TO LEVEL III OF THE EXECUTIVE

10 SCHEDULE.—Section 5314 of title 5, United States Code, 

11 is amended by inserting after ‘‘Under Secretary of Defense 

12 for Intelligence’’ the following: 
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1 ‘‘Under Secretary of the Air Force. 

2 ‘‘Under Secretary of the Army. 

3 ‘‘Under Secretary of the Navy.’’. 

4 (b) CONFORMING AMENDMENT.—Section 5315 of such 

5 title is amended by striking the following: 

6 ‘‘Under Secretary of the Air Force. 

7 ‘‘Under Secretary of the Army. 

8 ‘‘Under Secretary of the Navy.’’. 

9 SEC. 902. Eligibility criteria for Director of Department of De10 fense Test Resource Management Center 

11 Section 196(b) of title 10, United States Code, is 

12 amended to read as follows: 

13 ‘‘(b) DIRECTOR.—At the head of the Center shall be 

14 a Director, who shall be appointed by the Secretary from 

15 among individuals who have substantial experience in the 

16 field of test and evaluation.’’. 

17 SEC .903. Consolidation and standardization of authorities re18 lating to Department of Defense Regional Centers 

19 for Security Studies 

20 (a) BASIC AUTHORITIES FOR REGIONAL CENTERS.— 

21 (1) IN GENERAL.—Section 184 of title 10, 

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

23 ‘‘§ 184. Regional Centers for Security Studies 

24 ‘‘(a) IN GENERAL.—The Secretary of Defense shall ad25 minister the Department of Defense Regional Centers for 
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1 Security Studies in accordance with this section as inter2 national venues for bilateral and multilateral research, 

3 communication, and exchange of ideas involving military 

4 and civilian participants. 

5 ‘‘(b) REGIONAL CENTERS SPECIFIED.—(1) A Depart6 ment of Defense Regional Center for Security Studies is a 

7 Department of Defense institution that— 

8 ‘‘(A) is operated, and designated as such, by the 

9 Secretary of Defense for the study of security issues 

10 relating to a specified geographic region of the world; 

11 and 

12 ‘‘(B) serves as a forum for bilateral and multi13 lateral research, communication, and exchange of 

14 ideas involving military and civilian participants. 

15 ‘‘(2) The Department of Defense Regional Centers for 

16 Security Studies are the following: 

17 ‘‘(A) The George C. Marshall European Center 

18 for Security Studies, established in 1993 and located 

19 in Garmisch-Partenkirchen, Germany. 

20 ‘‘(B) The Asia-Pacific Center for Security Stud21 ies, established in 1995 and located in Honolulu, Ha22 waii. 

23 ‘‘(C) The Center for Hemispheric Defense Stud24 ies, established in 1997 and located in Washington, 

25 D.C. 
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1 ‘‘(D) The Africa Center for Strategic Studies, es2 tablished in 1999 and located in Washington, D.C. 

3 ‘‘(E) The Near East South Asia Center for Stra4 tegic Studies, established in 2000 and located in 

5 Washington, D.C. 

6 ‘‘(3) No institution or element of the Department of 

7 Defense may be designated as a Department of Defense Re8 gional Center for Security Studies for purposes of this sec9 tion, other than the institutions specified in paragraph (2), 

10 except as specifically provided by law after the date of the 

11 enactment of this section. 

12 ‘‘(c) REGULATIONS.—The administration of the Re13 gional Centers under this section shall be carried out under 

14 regulations prescribed by the Secretary. 

15 ‘‘(d) PARTICIPATION.—Participants in activities of the 

16 Regional Centers may include United States military and 

17 civilian personnel, governmental and nongovernmental per18 sonnel, and foreign military and civilian, governmental 

19 and nongovernmental personnel. 

20 ‘‘(e) EMPLOYMENT AND COMPENSATION OF FAC21 ULTY.—At each Regional Center, the Secretary may, subject 

22 to appropriations— 

23 ‘‘(1) employ a Director, a Deputy Director, and 

24 as many civilians as professors, instructors, and lec25 turers as the Secretary considers necessary; and 
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1 ‘‘(2) prescribe the compensation of such persons, 

2 in accordance with Federal guidelines. 

3 ‘‘(f) PAYMENT OF COSTS.—(1) Participation in activi4 ties of a Regional Center shall be on a reimbursable basis 

5 (or by payment in advance), except in a case in which re6 imbursement is waived in accordance with paragraph (3). 

7 ‘‘(2) For a foreign national participant, payment of 

8 costs may be made by the participant’s own government, 

9 by a Department or agency of the United States other than 

10 the Department of Defense, or by a gift or donation on be11 half of one or more Regional Centers accepted under section 

12 2611 of this title on behalf of the participant’s government. 

13 ‘‘(3) The Secretary of Defense may waive reimburse14 ment of the costs of activities of the Regional Centers for 

15 foreign military officers and foreign defense civilian offi16 cials from a developing country if the Secretary determines 

17 that attendance of such personnel without reimbursement 

18 is in the national security interest of the United States. 

19 Costs for which reimbursement is waived pursuant to this 

20 paragraph shall be paid from appropriations available to 

21 the Regional Centers. 

22 ‘‘(4) Funds accepted for the payment of costs shall be 

23 credited to the appropriation then currently available to the 

24 Department of Defense for the Regional Center that in25 curred the costs. Funds so credited shall be merged with the 
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1 appropriation to which credited and shall be available to 

2 that Regional Center for the same purposes and same period 

3 as the appropriation with which merged. 

4 ‘‘(5) Funds available for the payment of personnel ex5 penses under the Latin American cooperation authority set 

6 forth in section 1050 of this title are also available for the 

7 costs of the operation of the Center for Hemispheric Defense 

8 Studies. 

9 ‘‘(g) SUPPORT TO OTHER AGENCIES.—The Director of 

10 a Regional Center may enter into agreements with the Sec11 retaries of the military departments, the heads of the De12 fense Agencies, and, with the concurrence of the Secretary 

13 of Defense, the heads of other Federal departments and 

14 agencies for the provision of services by that Regional Cen15 ter under this section. Any such participating department 

16 and agency shall transfer to the Regional Center funds to 

17 pay the full costs of the services received. 

18 ‘‘(h) ANNUAL REPORT.—Not later than February 1 of 

19 each year, the Secretary of Defense shall submit to the Com20 mittee on Armed Services of the Senate and the Committee 

21 on Armed Services of the House of Representatives a report 

22 on the operation of the Regional Centers for security studies 

23 during the preceding fiscal year. The annual report shall 

24 include, for each Regional Center, the following informa25 tion: 
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1 ‘‘(1) The status and objectives of the center. 

2 ‘‘(2) The budget of the center, including the costs 

3 of operating the center. 

4 ‘‘(3) A description of the extent of the inter5 national participation in the programs of the center, 

6 including the costs incurred by the United States for 

7 the participation of each foreign nation. 

8 ‘‘(4) A description of the foreign gifts and dona9 tions, if any, accepted under section 2611 of this title. 

10 ’’. 

11 (2) CLERICAL AMENDMENT.—The item relating 

12 to such section in the table of sections at the begin13 ning of chapter 7 of such title is amended to read as 

14 follows: 

‘‘184. Regional Centers for Security Studies.’’. 

15 (b) STANDARDIZATION OF AUTHORITY FOR ACCEPT16 ANCE OF GIFTS AND DONATIONS.— 

17 (1) IN GENERAL.—Section 2611 of title 10, 

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

19 ‘‘§ 2611. Regional Centers for Security Studies: accept20 ance of gifts and donations 

21 ‘‘(a) AUTHORITY TO ACCEPT GIFTS AND DONA22 TIONS.—Subject to subsection (c), the Secretary of Defense 

23 may accept, on behalf of one or more of the Regional Centers 

24 for Security Studies, a gift or donation from any source 
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1 in order to defray the costs of, or enhance the operation 

2 of, one or more of the Regional Centers. 

3 ‘‘(b) REGIONAL CENTERS.—For purposes of this sec4 tion, the Regional Centers for Security Studies are the De5 partment of Defense institutions specified in section 184(b) 

6 of this title. 

7 ‘‘(c) LIMITATION.—(1) The Secretary may not accept 

8 a gift or donation under subsection (a) if the acceptance 

9 of the gift or donation would compromise or appear to com10 promise— 

11 ‘‘(A) the ability of the Department of Defense, or 

12 any employee of the Department or member of the 

13 armed forces, to carry out the responsibility or duty 

14 of the Department in a fair and objective manner; or 

15 ‘‘(B) the integrity of any program of the Depart16 ment of Defense or any person involved in such a pro17 gram. 

18 ‘‘(2) The Secretary shall prescribe written guidance 

19 setting forth the criteria to be used in determining whether 

20 the acceptance of a gift or donation would have a result 

21 described in paragraph (1). 

22 ‘‘(d) CREDITING OF FUNDS.—Funds accepted by the 

23 Secretary under subsection (a) shall be credited to appro24 priations available to the Department of Defense for the Re25 gional Centers. Funds so credited shall be merged with the 
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1 appropriations to which credited and shall be available for 

2 the Regional Centers for the same purposes and the same 

3 period as the appropriations with which merged. 

4 ‘‘(e) GIFTS AND DONATIONS DEFINED.—For purposes 

5 of this section— 

6 ‘‘(1) a foreign gift or donation is a gift or dona7 tion of funds, materials (including research mate8 rials), property, or services (including lecture services 

9 and faculty services) from a foreign government, a 

10 foundation or other charitable organization in a for11 eign country, or an individual in a foreign country; 

12 and 

13 ‘‘(2) the term ‘gift’ includes a devise of real prop14 erty or a bequest of personal property and any gift 

15 of an interest in real property. ’’. 

16 (2) CLERICAL AMENDMENT.—The item relating 

17 to section 2611 in the table of sections at the begin18 ning of chapter 155 of such title is amended to read 

19 as follows: 

‘‘2611. Regional Centers for Security Studies: acceptance of foreign gifts and donations.’’. 

20 (c) CONFORMING AMENDMENTS.— 

21 (1) MARSHALL CENTER GENERAL AUTHORITY.— 

22 Section 1306 of the National Defense Authorization 

23 Act for Fiscal Year 1995 (Public Law 103–337; 108 

24 Stat. 2892) is repealed. 
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1 (2) MARSHALL CENTER GIFT AUTHORITY.—Sec2 tion 1065 of the National Defense Authorization Act 

3 for Fiscal Year 1997 (10 U.S.C. 113) is amended— 

4 (A) by striking subsections (a) and (b); 

5 (B) by redesignating subsection (c) as sub6 section (a); and 

7 (C) by redesignating paragraph (3) of such 

8 subsection as subsection (b) and inserting ‘‘CER9 TAIN NON-CITIZENS AUTHORIZED TO SERVE ON

10 BOARD.—’’ before ‘‘Notwithstanding’’. 

11 (3) EMPLOYMENT AND COMPENSATION AUTHOR12 ITY FOR CIVILIAN FACULTY.—Section 1595 of title 10, 

13 United States Code, is amended— 

14 (A) in subsection (c)— 

15 (i) by striking paragraphs (3) and (5); 

16 and 

17 (ii) by redesignating paragraphs (4) 

18 and (6) as paragraphs (3) and (4), respec19 tively; and 

20 (B) by striking subsection (e). 

21 (4) STATUS OF CENTER FOR HEMISPHERIC DE22 FENSE STUDIES.—Section 2165 of title 10, United 

23 States Code, is amended— 

24 (A) in subsection (b)— 

25 (i) by striking paragraph (6); and 
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1 (B) by striking subsection (e). 

2 (4) STATUS OF CENTER FOR HEMISPHERIC DE3 FENSE STUDIES.—Section 2165 of title 10, United 

4 States Code, is amended— 

5 (A) in subsection (b)— 

6 (i) by striking paragraph (6); and 

7 (ii) by redesignating paragraph (7) as 

8 paragraph (6); and 

9 (B) by striking subsection (c). 

10 SEC. 904. REDESIGNATION OF THE DEPARTMENT OF THE 

11 NAVY AS THE DEPARTMENT OF THE NAVY 

12 AND MARINE CORPS. 

13 (a) REDESIGNATION OF MILITARY DEPARTMENT.— 

14 The military department designated as the Department of 

15 the Navy is redesignated as the Department of the Navy 

16 and Marine Corps. 

17 (b) REDESIGNATION OF SECRETARY AND OTHER

18 STATUTORY OFFICES.— 

19 (1) SECRETARY.—The position of the Secretary 

20 of the Navy is redesignated as the Secretary of the 

21 Navy and Marine Corps. 

22 (2) OTHER STATUTORY OFFICES.—The positions 

23 of the Under Secretary of the Navy, the four Assistant 

24 Secretaries of the Navy, and the General Counsel of 

25 the Department of the Navy are redesignated as the 
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1 Under Secretary of the Navy and Marine Corps, the 

2 Assistant Secretaries of the Navy and Marine Corps, 

3 and the General Counsel of the Department of the 

4 Navy and Marine Corps, respectively. 

5 (c) CONFORMING AMENDMENTS TO TITLE 10, UNITED

6 STATES CODE.— 

7 (1) DEFINITION OF ‘‘MILITARY DEPARTMENT’’.— 

8 Paragraph (8) of section 101(a) of title 10, United 

9 States Code, is amended to read as follows: 

10 ‘‘(8) The term ‘military department’ means the 

11 Department of the Army, the Department of the Navy 

12 and Marine Corps, and the Department of the Air 

13 Force.’’. 

14 (2) ORGANIZATION OF DEPARTMENT.—The text 

15 of section 5011 of such title is amended to read as fol16 lows: ‘‘The Department of the Navy and Marine 

17 Corps is separately organized under the Secretary of 

18 the Navy and Marine Corps.’’. 

19 (3) POSITION OF SECRETARY.—Section 

20 5013(a)(1) of such title is amended by striking ‘‘There 

21 is a Secretary of the Navy’’ and inserting ‘‘There is 

22 a Secretary of the Navy and Marine Corps’’. 

23 (4) CHAPTER HEADINGS.— 

24 (A) The heading of chapter 503 of such title 

25 is amended to read as follows: 
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1 ‘‘CHAPTER 503—DEPARTMENT OF THE 

2 NAVY AND MARINE CORPS’’. 

3 (B) The heading of chapter 507 of such title 

4 is amended to read as follows: 

5 ‘‘CHAPTER 507—COMPOSITION OF THE DE6 PARTMENT OF THE NAVY AND MARINE 

7 CORPS’’. 

8 (5) OTHER AMENDMENTS.— 

9 (A) Title 10, United States Code, is amend10 ed by striking ‘‘Department of the Navy’’ and 

11 ‘‘Secretary of the Navy’’ each place they appear 

12 other than as specified in paragraphs (1), (2), 

13 (3), and (4) (including in section headings, sub14 section captions, tables of chapters, and tables of 

15 sections) and inserting ‘‘Department of the Navy 

16 and Marine Corps’’ and ‘‘Secretary of the Navy 

17 and Marine Corps’’, respectively, in each case 

18 with the matter inserted to be in the same type19 face and typestyle as the matter stricken. 

20 (B)(i) Sections 5013(f), 5014(b)(2), 5016(a), 

21 5017(2), 5032(a), and 5042(a) of such title are 

22 amended by striking ‘‘Assistant Secretaries of the 

23 Navy’’ and inserting ‘‘Assistant Secretaries of 

24 the Navy and Marine Corps’’. 
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1 (ii) The heading of section 5016 of such 

2 title, and the item relating to such section in the 

3 table of sections at the beginning of chapter 503 

4 of such title, are each amended by inserting ‘‘and 

5 Marine Corps’’ after ‘‘of the Navy’’, with the 

6 matter inserted in each case to be in the same 

7 typeface and typestyle as the matter amended. 

8 (d) TITLE 37, UNITED STATES CODE.—Title 37, 

9 United States Code, is amended by striking ‘‘Department 

10 of the Navy’’ and ‘‘Secretary of the Navy’’ each place they 

11 appear and inserting ‘‘Department of the Navy and Marine 

12 Corps’’ and ‘‘Secretary of the Navy and Marine Corps’’, 

13 respectively. 

14 (e) OTHER REFERENCES.—Any reference in any law 

15 other than in title 10 or title 37, United States Code, or 

16 in any regulation, document, record, or other paper of the 

17 United States, to the Department of the Navy shall be con18 sidered to be a reference to the Department of the Navy and 

19 Marine Corps. Any such reference to an office specified in 

20 subsection (b)(2) shall be considered to be a reference to that 

21 office as redesignated by that subsection. 

22 (f) EFFECTIVE DATE.—This section and the amend23 ments made by this section shall take effect on the first day 

24 of the first month beginning more than 60 days after the 

25 date of the enactment of this Act. 
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1 Subtitle B—Space Activities 

2 SEC. 911. SPACE SITUATIONAL AWARENESS STRATEGY. 

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

4 (1) the Department of Defense has the responsi5 bility, within the executive branch, for developing the 

6 strategy and the systems of the United States for en7 suring freedom to operate United States space assets 

8 affecting national security; and 

9 (2) the foundation of any credible strategy for 

10 ensuring freedom to operate United States space as11 sets is a comprehensive system for space situational 

12 awareness. 

13 (b) SPACE SITUATIONAL AWARENESS STRATEGY.— 

14 (1) REQUIREMENT.—The Secretary of Defense 

15 shall develop a strategy, to be known as the ‘‘Space 

16 Situational Awareness Strategy’’, for ensuring free17 dom to operate United States space assets affecting 

18 national security. The Secretary shall submit that 

19 strategy to Congress not later than April 15, 2006. 

20 The Secretary shall submit to Congress an updated, 

21 current version of the Space Situational Awareness 

22 Strategy not later than April 15 of every even-num23 bered year thereafter. 
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1 (2) TIME PERIOD.—The Space Situational 

2 Awareness Strategy shall cover the 20-year period 

3 from 2006 through 2025. 

4 (3) MATTERS TO BE INCLUDED.—The Space Sit5 uational Awareness Strategy shall include the fol6 lowing (set forth for the 20-year period specified in 

7 paragraph (2) and separately for each successive five8 year period beginning with 2006): 

9 (A) A threat assessment describing the per10 ceived threats to United States space assets af11 fecting national security. 

12 (B) Details for a coherent and comprehen13 sive strategy for the United States for space situ14 ational awareness, together with a description of 

15 the systems architecture to implement that strat16 egy in light of the threat assessment under sub17 paragraph (A). 

18 (C) A description of each of the individual 

19 program concepts that will make up the systems 

20 architecture described pursuant to subparagraph 

21 (B) and, for each such program concept, a de22 scription of the specific capabilities to be 

23 achieved and the threats to be abated. 

24 (c) SPACE SITUATIONAL AWARENESS CAPABILITIES

25 ROADMAP.— 
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1 (1) REQUIREMENT.—The Secretary of the Air 

2 Force shall develop a roadmap, to be known as the 

3 ‘‘space situational awareness capabilities roadmap’’, 

4 for the development of the systems architecture de5 scribed pursuant to subsection (b)(3)(B). 

6 (2) MATTERS TO BE INCLUDED.— The space sit7 uational awareness capabilities roadmap shall in8 clude— 

9 (A) capabilities of all systems deployed as of 

10 mid-2005 or planned for modernization or ac11 quisition from 2006 to 2015; and 

12 (B) a description of recommended solutions 

13 for inadequacies in the architecture to address 

14 threats identified under subsection (b)(3)(A). 

15 SEC. 912. MILITARY SATELLITE COMMUNICATIONS. 

16 (a) FINDINGS.—Congress finds the following: 

17 (1) Military requirements for satellite commu18 nications exceed the capability of on-orbit assets as of 

19 mid-2005. 

20 (2) To meet future military requirements for sat21 ellite communications, the Secretary of the Air Force 

22 has initiated a highly complex and revolutionary pro23 gram called the Transformational Satellite Commu24 nications System (TSAT). 
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1 (3) If the program referred to in paragraph (2) 

2 experiences setbacks that prolong the development and 

3 deployment of the capability to be provided by that 

4 program, the Secretary of the Air Force must be pre5 pared to implement contingency programs to achieve 

6 interim improvements in the capabilities of satellite 

7 communications to meet military requirements 

8 through upgrades to current systems. 

9 (b) DEVELOPMENT OF OPTIONS.—In order to prepare 

10 for the contingency referred to in subsection (a)(3), the Di11 rector of the National Security Space Office of the Depart12 ment of Defense shall provide for an assessment, to be con13 ducted by an entity outside the Department of Defense, to 

14 develop and compare options for individual acquisition, 

15 and block acquisition, of the Advanced Extremely High Fre16 quency space vehicles numbered 4 and 5, in conjunction 

17 with modifications to the current Wideband Gapfiller Sys18 tem program, that will accomplish the following: 

19 (1) Minimize nonrecurring costs. 

20 (2) Improve communications-on-the-move capa21 bilities. 

22 (3) Increase net centricity for communications. 

23 (4) Increase satellite throughput. 

24 (5) Increase user connectivity. 

25 (6) Improve airborne communications support. 
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1 (c) ANALYSIS OF ALTERNATIVES REPORT.—Not later 

2 than February 28, 2006, the Director of the National Secu3 rity Space Office shall submit to Congress a report pro4 viding an analysis of alternatives with respect to the op5 tions developed pursuant to subsection (b). The analysis of 

6 alternatives shall be prepared taking into consideration the 

7 findings and recommendations of the independent assess8 ment conducted under subsection (b). 

9 SEC. 913. OPERATIONALLY RESPONSIVE SPACE. 

10 (a) JOINT OPERATIONALLY RESPONSIVE SPACE PAY11 LOAD TECHNOLOGY ORGANIZATION.— 

12 (1) IN GENERAL.—The Secretary of Defense shall 

13 establish or designate an organization in the Depart14 ment of Defense to coordinate joint operationally re15 sponsive space payload technology. 

16 (2) MASTER PLAN.—The organization established 

17 or designated under paragraph (1) shall produce an 

18 annual master plan for coordination of operationally 

19 responsive space payload technology and shall coordi20 nate resources provided to stimulate technical develop21 ment of small satellite payloads. The annual master 

22 plan shall describe focus areas for development of 

23 operationally responsive space payload technology, in24 cluding— 
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1 (A) miniaturization technology for satellite 

2 payloads; 

3 (B) increased sensor acuity; 

4 (C) concept of operations exploration; 

5 (D) increased processor capability; and 

6 (E) such additional matters as the head of 

7 that organization determines appropriate. 

8 (3) REQUESTS FOR PROPOSALS.—The Secretary 

9 of Defense, acting through the Director of the Office 

10 of Force Transformation, shall award contracts, from 

11 amounts available for that purpose for any fiscal 

12 year, for technology projects that support the focus 

13 areas set out in the master plan for development of 

14 operationally responsive space payload technology. 

15 (4) ASSESSMENT FACTORS.—In assessing any 

16 proposal submitted for a contract under paragraph 

17 (3), the Secretary shall consider — 

18 (A) how the proposal correlates to the goals 

19 articulated in the master plan under paragraph 

20 (2) and to the National Security Space Architec21 ture; and 

22 (B) the probability, for the project for which 

23 the proposal is submitted, of eventual transition 

24 either to a laboratory of one of the military de-
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1 partments for continued development or to a 

2 joint program office for operational deployment. 

3 (b) REPORT ON JOINT PROGRAM OFFICE FOR

4 TACSAT.—Not later than February 28, 2006, the Sec5 retary of Defense shall submit to the congressional defense 

6 committees a report providing a plan for the creation of 

7 a joint program office for the Tactical Satellite program 

8 and for transition of that program out of the Office of Force 

9 Transformation and to the administration of the joint pro10 gram office. The report shall be prepared in conjunction 

11 with the Department of Defense executive agent for space. 

12 (c) JOINT REPORT ON CERTAIN SPACE AND MISSILE

13 DEFENSE ACTIVITIES.—Not later than February 28, 2006, 

14 the Department of Defense executive agent for space and 

15 the Director of the Missile Defense Agency shall submit to 

16 the Committee on Armed Services of the Senate and the 

17 Committee on Armed Services of the House of Representa18 tives a joint report on the value of each of the following: 

19 (1) Increased use of the Rocket Systems Launch 

20 Program for the respective missions of the Depart21 ment of the Air Force and the Missile Defense Agency. 

22 (2) An agreement between the Director of the 

23 Missile Defense Agency and the Secretary of the Air 

24 Force for eventual transition of operational control of 
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1 small satellite demonstrations from the Missile De2 fense Agency to the Department of the Air Force. 

3 (3) A partnership between the Missile Defense 

4 Agency and the Department of the Air Force in the 

5 development of common high-altitude and near-space 

6 assets for the respective missions of the Missile De7 fense Agency and the Department of the Air Force. 

8 Subtitle C—Chemical 

9 Demilitarization Program 

10 SEC. 921. TRANSFER TO SECRETARY OF THE ARMY OF RE11 SPONSIBILITY FOR ASSEMBLED CHEMICAL 

12 WEAPONS ALTERNATIVES PROGRAM. 

13 Effective January 1, 2006, the text of section 142 of 

14 the Strom Thurmond National Defense Authorization Act 

15 for Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 1521 

16 note) is amended to read as follows: 

17 ‘‘(a) PROGRAM MANAGEMENT.—(1) The program 

18 manager for the Assembled Chemical Weapons Alternatives 

19 program shall report to the Secretary of the Army. 

20 ‘‘(2) The Secretary of the Army shall provide for that 

21 program to be managed as part of the management organi22 zation within the Department of the Army specified in sec23 tion 1412(e) of Public Law 99–145 (50 U.S.C. 1521(e)). 

24 ‘‘(b) CONTINUED IMPLEMENTATION OF PREVIOUSLY

25 SELECTED ALTERNATIVE TECHNOLOGIES.—(1) In car-
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1 rying out the destruction of lethal chemical munitions at 

2 Pueblo Chemical Depot, Colorado, the Secretary of the 

3 Army shall continue to implement fully the alternative tech4 nology for such destruction at that depot selected by the 

5 Under Secretary of Defense for Acquisition, Technology, 

6 and Logistics on July 16, 2002. 

7 ‘‘(2) In carrying out the destruction of lethal chemical 

8 munitions at Blue Grass Army Depot, Kentucky, the Sec9 retary of the Army shall continue to implement fully the 

10 alternative technology for such destruction at that depot se11 lected by the Under Secretary of Defense for Acquisition, 

12 Technology, and Logistics on February 3, 2003.’’. 

13 SEC. 922. CLARIFICATION OF COOPERATIVE AGREEMENT 

14 AUTHORITY UNDER CHEMICAL DEMILI15 TARIZATION PROGRAM. 

16 (a) AGREEMENTS WITH FEDERALLY RECOGNIZED IN17 DIAN TRIBAL GOVERNMENTS.—Section 1412(c)(4) of the 

18 Department of Defense Authorization Act, 1986 (50 U.S.C 

19 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 ‘‘Addition4 ally, the Secretary ’’ as subparagraph (B); 

5 (4) in the first sentence of subparagraph (B), as 

6 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 organiza12 tion’ and ‘Indian tribes’ have the meanings given those 

13 terms in subsections (e) and (l), respectively, of section 4 

14 of the Indian Self-Determination and Education Assistance 

15 Act (25 U.S.C. 450b).’’. 

16 (b) EFFECTIVE DATE.—The amendments made by sub17 section (a) shall take effect as of December 5, 1991, and 

18 shall apply with respect to cooperative agreements entered 

19 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 findings: 
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1 (1) Open-source intelligence (OSINT) is intel2 ligence that is produced from publicly available infor3 mation 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 is 

13 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 open18 source intelligence inherently enables information 

19 sharing as it is produced without the use of sensitive 

20 sources and methods. Open-source intelligence prod21 ucts can be shared with the American public and for22 eign allies because of its unclassified nature. 

23 (5) The National Commission on Terrorist At24 tacks Upon the United States, in its Final Report re25 leased on July 22, 2004, identified shortfalls in the 
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1 ability of the United States to employ all-source intel2 ligence, a large component of which is open-source in3 telligence. 

4 (6) The Intelligence Reform and Terrorism Pre5 vention Act of 2004 (Public Law 108–458) advocates 

6 for coordination of the collection, analysis, produc7 tion, and dissemination of open-source intelligence. 

8 (7) The Commission on the Intelligence Capa9 bilities of the United States Regarding Weapons of 

10 Mass Destruction, in its report to the President re11 leased on March 31, 2005, found ‘‘that the need for 

12 exploiting open-source material is greater now than 

13 ever before,’’ but that ‘‘the Intelligence Community’s 

14 open source programs have not expanded commensu15 rate with either the increase in available information 

16 or with the growing importance of open source data 

17 to today’s problems’’. 

18 (b) STRATEGY FOR OPEN-SOURCE INTELLIGENCE.— 

19 (1) DEVELOPMENT OF STRATEGY.—The Sec20 retary of Defense shall develop a strategy, to be known 

21 as the ‘‘Strategy for Open-Source Intelligence’’, to be 

22 incorporated within the larger military intelligence 

23 strategy, for the purpose of integrating open-source 

24 intelligence into the military intelligence cycle. 
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1 (2) SUBMISSION.—The Secretary shall submit 

2 the Strategy for Open-Source Intelligence to Congress 

3 not later than January 31, 2006. 

4 (3) MATTERS TO BE INCLUDED.—The Strategy 

5 for Open-Source Intelligence shall include the fol6 lowing: 

7 (A) An investment strategy for the develop8 ment of a robust open-source intelligence capa9 bility, with particular emphasis on exploitation 

10 and dissemination. 

11 (B) A description of how management of 

12 open-source intelligence collection is currently 

13 performed at the Department level and how it 

14 can be improved in the future. 

15 (C) A description of the tools, systems, cen16 ters, personnel, and procedures that will be used 

17 to perform open-source intelligence tasking, col18 lection, exploitation, and dissemination. 

19 (D) A description of proven tradecraft for 

20 effective open-source intelligence exploitation, to 

21 include consideration of operational security. 

22 (E) A detailed description on how open23 source intelligence will be fused with all other in24 telligence sources across the Department of De25 fense. 
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1 (F) A description of open-source intelligence 

2 training plan and guidance for Department of 

3 Defense and service intelligence personnel. 

4 (G) A plan to incorporate the open-source 

5 intelligence oversight function into the Office of 

6 the Undersecretary of Defense for Intelligence 

7 and into service intelligence organizations. 

8 (H) A plan to incorporate and identify an 

9 open-source intelligence specialty into Depart10 ment and service personnel systems. 

11 (I) A plan to use reserve component intel12 ligence personnel to augment and support the 

13 open-source intelligence mission. 

14 (J) A plan for the use of the Open-Source 

15 Information System for the purpose of exploi16 tation and dissemination. 

17 SEC. 932. COMPREHENSIVE INVENTORY OF DEPARTMENT 

18 OF DEFENSE INTELLIGENCE AND INTEL19 LIGENCE-RELATED PROGRAMS AND 

20 PROJECTS. 

21 (a) REPORT.—Not later than 180 days after the date 

22 of the enactment of this Act, the Secretary of Defense shall 

23 submit to the congressional committees specified in sub24 section (b) a report providing a comprehensive inventory 

25 of Department of Defense intelligence and intelligence-re-
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1 lated programs and projects. The Secretary shall prepare 

2 the inventory in consultation with the Director of National 

3 Intelligence, as appropriate. 

4 (b) COMMITTEES.—The congressional committees re5 ferred to in subsection (a) are the following: 

6 (1) The Committee on Armed Services and the 

7 Select Committee on Intelligence of the Senate. 

8 (2) The Committee on Armed Services and the 

9 Permanent Select Committee on Intelligence of the 

10 House of Representatives. 

11 TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial matters 

1001. Transfer authority. 

1002. Authorization of supplemental appropriations for fiscal year 2005. 

1003. Increase in fiscal year 2005 general transfer authority. 

1004. Reports on feasibility and desirability of capital budgeting for major defense acquisition programs. 

Subtitle B—Naval Vessels and Shipyards 

1011. Conveyance, Navy drydock, Seattle, Washington. 

1012. Conveyance, Navy drydock, Jacksonville, Florida. 

1013. Conveyance, Navy drydock, Port Arthur, Texas. 

1014. Transfer of U.S.S. IOWA. 

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

1016. Limitation on leasing of foreign-built vessels. 

Subtitle C—Counter-Drug Activities 

1021. Extension of Department of Defense authority to support counter-drug activities. 

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

1023. Clarification of authority for joint task forces to support law enforcement 

agencies conducting counter-terrorism activities. 

Subtitle D—Matters Related to Homeland Security 

1031. Responsibilities of Assistant Secretary of Defense for Homeland Defense relating to nuclear, chemical, and biological emergency response. 

1032. Testing of preparedness for emergencies involving nuclear, radiological, 

chemical, biological, and high-yield explosives weapons. 
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1033. Department of Defense chemical, biological, radiological, nuclear, and highyield explosives response teams. 

1034. Repeal of Department of Defense emergency response assistance program. 

Subtitle E—Other Matters 

1041. Commission on the Long-Term Implementation of the New Strategic Posture of the United States. 

1042. Reestablishment of EMP Commission. 

1043. Modernization of authority relating to security of defense property and facilities. 

1044. Revision of Department of Defense counterintelligence polygraph program. 

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

1046. Technical and clerical amendments. 

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

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. 
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1 (b) LIMITATIONS.—The authority provided by this sec2 tion to transfer authorizations— 

3 (1) may only be used to provide authority for 

4 items that have a higher priority than the items from 

5 which authority is transferred; and 

6 (2) may not be used to provide authority for an 

7 item that has been denied authorization by Congress. 

8 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans9 fer made from one account to another under the authority 

10 of this section shall be deemed to increase the amount au11 thorized for the account to which the amount is transferred 

12 by an amount equal to the amount transferred. 

13 (d) NOTICE TO CONGRESS.—The Secretary shall 

14 promptly notify Congress of each transfer made under sub15 section (a). 

16 SEC. 1002. AUTHORIZATION OF SUPPLEMENTAL APPRO17 PRIATIONS FOR FISCAL YEAR 2005. 

18 Amounts authorized to be appropriated to the Depart19 ment of Defense and the Department of Energy for fiscal 

20 year 2005 in the Ronald W. Reagan National Defense Au21 thorization Act for Fiscal Year 2005 (Public Law 108–375) 

22 are hereby adjusted, with respect to any such authorized 

23 amount, by the amount by which appropriations pursuant 

24 to such authorization are increased by a supplemental ap25 propriation or decreased by a rescission, or both, or are in-
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1 creased by a transfer of funds, pursuant to title I and chap2 ter 2 of title IV of division A of the Emergency Supple3 mental Appropriations Act for Defense, the Global War on 

4 Terror, and Tsunami Relief, 2005 (Public Law 109–13). 

5 SEC. 1003. INCREASE IN FISCAL YEAR 2005 GENERAL TRANS6 FER AUTHORITY. 

7 Section 1001(a)(2) of the Ronald W. Reagan National 

8 Defense Authorization Act for Fiscal Year 2005 (Public 

9 Law 108–375; 118 Stat. 2037) is amended by striking 

10 ‘‘$3,500,000,000’’ and inserting ‘‘$6,185,000,000’’. 

11 SEC. 1004. REPORTS ON FEASIBILITY AND DESIRABILITY OF 

12 CAPITAL BUDGETING FOR MAJOR DEFENSE 

13 ACQUISITION PROGRAMS. 

14 (a) CAPITAL BUDGETING DEFINED.—For the purposes 

15 of this section, the term ‘‘capital budgeting’’ means a budget 

16 process that— 

17 (1) identifies large capital outlays that are ex18 pected to be made in future years, together with iden19 tification of the proposed means to finance those out20 lays and the expected benefits of those outlays; 

21 (2) separately identifies revenues and outlays for 

22 capital assets from revenues and outlays for an oper23 ating budget; 

24 (3) allows for the issue of long-term debt to fi25 nance capital investments; and 
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1 (4) provides the budget authority for acquiring a 

2 capital asset over several fiscal years (rather than in 

3 a single fiscal year at the beginning of such acquisi4 tion). 

5 (b) REPORTS REQUIRED.—Not later than July 1, 

6 2006, the Secretary of Defense and the Secretary of each 

7 military department shall each submit to Congress a report 

8 analyzing the feasibility and desirability of using a capital 

9 budgeting system for the financing of major defense acquisi10 tion programs. Each such report shall address the following 

11 matters: 

12 (1) The potential long-term effect on the defense 

13 industrial base of the United States of continuing 

14 with the current full up-front funding system for 

15 major defense acquisition programs. 

16 (2) Whether use of a capital budgeting system 

17 could create a more effective decisionmaking process 

18 for long-term investments in major defense acquisi19 tion programs. 

20 (3) The manner in which a capital budgeting 

21 system for major defense acquisition programs would 

22 affect the budget planning and formulation process of 

23 the military departments. 
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1 (4) The types of financial mechanisms that 

2 would be needed to provide funds for such a capital 

3 budgeting system. 

4 Subtitle B—Naval Vessels and 

5 Shipyards 

6 SEC. 1011. CONVEYANCE, NAVY DRYDOCK, SEATTLE, WASH7 INGTON. 

8 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

9 Navy is authorized to sell the yard floating drydock YFD– 

10 70, located in Seattle, Washington, to Todd Pacific Ship11 yards Corporation, that company being the current user of 

12 the drydock. 

13 (b) CONDITION OF CONVEYANCE.—The Secretary shall 

14 require as a condition of the conveyance under subsection 

15 (a) that the drydock remain at the facilities of Todd Pacific 

16 Shipyards Corporation until at least September 30, 2010. 

17 (c) CONSIDERATION.—As consideration for the convey18 ance of the drydock under subsection (a), the purchaser shall 

19 pay to the United States an amount equal to the fair mar20 ket value of the drydock, as determined by the Secretary. 

21 (d) TRANSFERS AT NO COST TO UNITED STATES.— 

22 The provisions of section 7306(c) of title 10, United States 

23 Code, shall apply to the conveyance under this section. 

24 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec25 retary may require such additional terms and conditions 
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1 in connection with the conveyance under subsection (a) as 

2 the Secretary considers appropriate to protect the interests 

3 of the United States. 

4 SEC. 1012. CONVEYANCE, NAVY DRYDOCK, JACKSONVILLE, 

5 FLORIDA. 

6 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

7 Navy is authorized to sell the medium auxiliary floating 

8 drydock SUSTAIN (AFDM–7), located in Duval County, 

9 Florida, to Atlantic Marine Property Holding Company, 

10 that company being the current user of the drydock. 

11 (b) CONDITION OF CONVEYANCE.—The Secretary shall 

12 require as a condition of the conveyance under subsection 

13 (a) that the drydock remain at the facilities of Atlantic Ma14 rine Property Holding Company until at least September 

15 30, 2010. 

16 (c) CONSIDERATION.—As consideration for the convey17 ance of the drydock under subsection (a), the purchaser shall 

18 pay to the United States an amount equal to the fair mar19 ket value of the drydock, as determined by the Secretary. 

20 (d) TRANSFERS AT NO COST TO UNITED STATES.— 

21 The provisions of section 7306(c) of title 10, United States 

22 Code, shall apply to the conveyance under this section. 

23 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec24 retary may require such additional terms and conditions 

25 in connection with the conveyance under subsection (a) as 
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1 the Secretary considers appropriate to protect the interests 

2 of the United States. 

3 SEC. 1013. CONVEYANCE, NAVY DRYDOCK, PORT ARTHUR, 

4 TEXAS. 

5 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

6 Navy is authorized to convey, without consideration, to the 

7 port authority of the city of Port Arthur, Texas, the inactive 

8 medium auxiliary floating drydock designated as AFDM– 

9 2, currently administered through the National Defense Re10 serve Fleet. 

11 (b) CONDITION OF CONVEYANCE.—The Secretary shall 

12 require as a condition of the conveyance under subsection 

13 (a) that the drydock remain at the facilities of the port au14 thority named in subsection (a). 

15 (d) TRANSFERS AT NO COST TO UNITED STATES.— 

16 The provisions of section 7306(c) of title 10, United States 

17 Code, shall apply to the conveyance under this section. 

18 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec19 retary may require such additional terms and conditions 

20 in connection with the conveyance under subsection (a) as 

21 the Secretary considers appropriate to protect the interests 

22 of the United States. 

23 SEC. 1014. TRANSFER OF U.S.S. IOWA. 

24 (a) WAIVER OF REQUIREMENT FOR CONTINUED LIST25 ING ON NAVAL VESSEL REGISTER.—The provisions of the 
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1 following laws do not apply with respect to the U.S.S. 

2 IOWA (BB–61): 

3 (1) Section 1011 of the National Defense Author4 ization Act for Fiscal Year 1996 (Public Law 104– 

5 106; 110 Stat. 421). 

6 (2) Section 1011 of the Strom Thurmond Na7 tional Defense Authorization Act for Fiscal Year 1999 

8 (Public Law 105–261; 112 Stat. 2118). 

9 (b) TRANSFER.—The Secretary of the Navy shall— 

10 (1) strike the U.S.S. IOWA (BB–61) from the 

11 Naval Vessel Register; and 

12 (2) subject to the submission of a donation appli13 cation for that vessel that is satisfactory to the Sec14 retary, transfer that vessel to the Port of Stockton, 

15 California, subject to subsections (b) and (c) of section 

16 7306 of title 10, United States Code. 

17 SEC. 1015. TRANSFER OF EX-U.S.S. FORREST SHERMAN. 

18 (a) TRANSFER.—The Secretary of the Navy shall 

19 transfer the decommissioned destroyer ex-U.S.S. Forrest 

20 Sherman (DD–931) to the USS Forrest Sherman DD–931 

21 Foundation, Inc., a nonprofit organization under the laws 

22 of the State of Maryland, subject to the submission of a do23 nation application for that vessel that is satisfactory to the 

24 Secretary. 
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1 (b) APPLICABLE LAW.—The transfer under this section 

2 is subject to subsections (b) and (c) of section 7306 of title 

3 10, United States Code. Subsection (d) of that section is 

4 hereby waived with respect to such transfer. 

5 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec6 retary may require such additional terms and conditions 

7 in connection with the transfer under subsection (a) as the 

8 Secretary considers appropriate. 

9 (d) EXPIRATION OF AUTHORITY.—The authority 

10 granted by subsection (a) shall expire at the end of the five11 year period beginning on the date of the enactment of this 

12 Act. 

13 SEC. 1016. LIMITATION ON LEASING OF FOREIGN-BUILT 

14 VESSELS. 

15 (a) IN GENERAL.— 

16 (1) CONTRACTS FOR LEASES FOR MORE THAN 24

17 MONTHS.—Chapter 141 of title 10, United States 

18 Code, is amended by inserting after section 2401a the 

19 following new section: 

20 ‘‘§ 2401b. Limitation on lease of foreign-built vessels 

21 ‘‘(a) LIMITATION.—The Secretary of a military de22 partment may not make a contract for a lease or charter 

23 of a vessel for a term of more than 24 months (including 

24 all options to renew or extend the contract) if the hull, or 
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1 a component of the hull and superstructure of the vessel, 

2 is constructed in a foreign shipyard. 

3 ‘‘(b) PRESIDENTIAL WAIVER FOR NATIONAL SECURITY

4 INTEREST.—(1) The President may authorize exceptions to 

5 the limitation in subsection (a) when the President deter6 mines that it is in the national security interest of the 

7 United States to do so. 

8 ‘‘(2) The President shall transmit notice to Congress 

9 of any such determination, and no contract may be made 

10 pursuant to the exception authorized until the end of the 

11 30-day period beginning on the date on which the notice 

12 of the determination is received by Congress.’’.(2) CLERICAL

13 AMENDMENT.—The table of sections at the beginning of such 

14 chapter is amended by inserting after the item relating to 

15 section 2401a the following new item: 

‘‘2401b. Limitation on lease of foreign-built vessels.’’. 

16 (b) EFFECTIVE DATE.—Section 2401b of title 10, 

17 United States Code, as added by subsection (a), shall apply 

18 with respect to contracts entered into after the date of the 

19 enactment of this Act. 

20 Subtitle C—Counter-Drug Activities 

21 SEC. 1021. EXTENSION OF DEPARTMENT OF DEFENSE AU22 THORITY TO SUPPORT COUNTER-DRUG AC23 TIVITIES. 

24 Section 1004(a) of the National Defense Authorization 

25 Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 
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1 374 note), as amended by section 1021 of the National De2 fense Authorization Act for Fiscal Year 2002 (Public Law 

3 107–107; 115 Stat. 1212), is amended by striking ‘‘2006’’ 

4 and inserting ‘‘2011’’. 

5 SEC. 1022. RESUMPTION OF REPORTING REQUIREMENT RE6 GARDING DEPARTMENT OF DEFENSE EX7 PENDITURES TO SUPPORT FOREIGN 

8 COUNTER-DRUG ACTIVITIES. 

9 (a) ADDITIONAL REPORT REQUIRED.—Section 1022 of 

10 the Floyd D. Spence National Defense Authorization Act 

11 for Fiscal Year 2001 (as enacted into law by Public Law 

12 106–398; 114 Stat. 1654A–255), as amended by section 

13 1022 of the National Defense Authorization Act for Fiscal 

14 Year 2002 (Public Law 107–107; 115 Stat. 1215), is further 

15 amended by striking ‘‘January 1, 2001, and April 15, 

16 2002,’’ and inserting ‘‘April 15, 2006,’’. 

17 (b) ADDITIONAL INFORMATION REQUIRED.—Such sec18 tion is further amended— 

19 (1) by redesignating paragraph (3) as para20 graph (4); and 

21 (2) by inserting after paragraph (2) the fol22 lowing new paragraph (3): 

23 ‘‘(3) A description of each base of operation or 

24 training facility established, constructed, or operated 

25 using the assistance, including any minor construc-
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1 tion projects carried out using such assistance, and 

2 the amount of assistance expended on base of oper3 ations and training facilities.’’. 

4 SEC. 1023. CLARIFICATION OF AUTHORITY FOR JOINT TASK 

5 FORCES TO SUPPORT LAW ENFORCEMENT 

6 AGENCIES CONDUCTING COUNTER-TER7 RORISM ACTIVITIES. 

8 Section 1022 of the National Defense Authorization 

9 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

10 1594) is amended— 

11 (1) by redesignating subsection (b) as subsection 

12 (c); and 

13 (2) by inserting after subsection (a) the following 

14 new subsection (b): 

15 ‘‘(b) AVAILABILITY OF FUNDS.—Funds available to a 

16 joint task force to support counter-drug activities may also 

17 be used to provide the counter-terrorism support authorized 

18 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. 2313) 

9 is amended to read as follows: 

10 ‘‘(a) DEPARTMENT OF DEFENSE.—The Assistant Sec11 retary of Defense for Homeland Defense is responsible for 

12 the coordination of Department of Defense assistance to 

13 Federal, State, and local officials in responding to threats 

14 involving nuclear, radiological, biological, chemical weap15 ons, or high-yield explosives or related materials or tech16 nologies, including assistance in identifying, neutralizing, 

17 dismantling, and disposing of nuclear, radiological, biologi18 cal, chemical weapons, and high-yield explosives and re19 lated 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, and’’; 

19 (3) in paragraph (2), by striking ‘‘during each 

20 of fiscal years 1997 through 2013’’ and inserting ‘‘in 

21 accordance with sections 102(c) and 430(c)(1) of the 

22 Homeland Security Act of 2002 (6 U.S.C. 112(c), 

23 238(c)(1))’’; and 

24 (4) in paragraph (3)— 
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1 (A) by inserting ‘‘the Secretary of Defense,’’ 

2 before ‘‘the Director of the Federal Bureau of In3 vestigation’’; and 

4 (B) by striking ‘‘the Director of the Federal 

5 Emergency Management Agency,’’. 

6 (b) REPEAL OF SECRETARY OF ENERGY FUNCTIONS.— 

7 Such section is further amended by striking subsection (b). 

8 (c) CONFORMING AMENDMENTS.—Subsection (c) of 

9 such section— 

10 (1) is redesignated as subsection (b); and 

11 (2) is amended— 

12 (A) in the first sentence, by striking ‘‘The 

13 official responsible for carrying out a program 

14 developed under subsection (a) or (b) shall revise 

15 the program’’ and inserting ‘‘The Secretary of 

16 Homeland Security shall revise the program de17 veloped under subsection (a)’’; and 

18 (B) in the second sentence, by striking ‘‘the 

19 official’’ and inserting ‘‘the Secretary’’. 

20 (d) REPEAL OF OBSOLETE PROVISIONS.—Such section 

21 is further amended by striking subsections (d) and (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 Mass 

5 Destruction Act of 1996 (50 U.S.C. 2314) is amended as 

6 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 by 

13 striking ‘‘or related materials’’ and inserting ‘‘radio14 logical, 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 Secretary 

21 of Homeland Security shall incorporate into the 

22 National Response Plan prepared pursuant to 

23 section 502(6) of the Homeland Security Act of 

24 2002 (6 U.S.C. 312(6)), other existing Federal 

25 emergency response plans, and’’; and 

26 (C) in the second sentence— 
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1 (i) by striking ‘‘Director’’ and insert2 ing ‘‘Secretary of Homeland Security’’; and 

3 (ii) by striking ‘‘consultation’’and in4 serting ‘‘coordination’’. 

5 SEC. 1034. REPEAL OF DEPARTMENT OF DEFENSE EMER6 GENCY RESPONSE ASSISTANCE PROGRAM. 

7 Section 1412 of the Defense Against Weapons of Mass 

8 Destruction Act of 1996 (50 U.S.C. 2312) is repealed. 

9 Subtitle E—Other Matters 

10 SEC. 1041. COMMISSION ON THE LONG-TERM IMPLEMENTA11 TION OF THE NEW STRATEGIC POSTURE OF 

12 THE UNITED STATES. 

13 (a) ESTABLISHMENT OF COMMISSION.— 

14 (1) ESTABLISHMENT.—There is hereby estab15 lished a commission to be known as the ‘‘Commission 

16 on the Long-Term Implementation of the New Stra17 tegic Posture of the United States’’. The Secretary of 

18 Defense shall enter into a contract with a federally 

19 funded research and development center to provide for 

20 the organization, management, and support of the 

21 Commission. Such contract shall be entered into in 

22 consultation with the Secretary of Energy. The selec23 tion of the federally funded research and development 

24 center shall be subject to the approval of the chairman 

25 of the Commission. 
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1 (2) COMPOSITION.—(A) The Commission shall be 

2 composed of 12 members who shall be appointed by 

3 the Secretary of Defense. In selecting individuals for 

4 appointment to the Commission, the Secretary of De5 fense shall consult with the chairman and ranking 

6 minority member of the Committee on Armed Services 

7 of the Senate and the chairman and ranking minor8 ity member of the Committee on Armed Services of 

9 the House of Representatives. 

10 (B) Members of the Commission shall be ap11 pointed from among private United States citizens 

12 with knowledge and expertise in the political, mili13 tary, operational, and technical aspects of nuclear 

14 strategy. 

15 (3) CHAIRMAN OF THE COMMISSION.—The Sec16 retary of Defense shall designate one of the members 

17 of the Commission to serve as chairman of the Com18 mission. 

19 (4) PERIOD OF APPOINTMENT; VACANCIES.— 

20 Members shall be appointed for the life of the Com21 mission. Any vacancy in the Commission shall be 

22 filled in the same manner as the original appoint23 ment. 
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1 (5) SECURITY CLEARANCES.—All members of the 

2 Commission shall hold appropriate security clear3 ances. 

4 (b) DUTIES OF COMMISSION.— 

5 (1) REVIEW OF LONG-TERM IMPLEMENTATION OF

6 THE NUCLEAR POSTURE REVIEW.—The Commission 

7 shall examine long-term programmatic requirements 

8 to achieve the goals set forth in the report of the Sec9 retary of Defense submitted to Congress on December 

10 31, 2001, providing the results of the Nuclear Posture 

11 Review conducted pursuant to section 1041 of the 

12 Floyd D. Spence National Defense Authorization Act 

13 for Fiscal Year 2001 (as enacted into law by Public 

14 Law 106–398; 114 Stat. 1654, 1654A–262) and re15 sults of periodic assessments of the Nuclear Posture 

16 Review. Matters examined by the Commission shall 

17 include the following: 

18 (A) The process of establishing requirements 

19 for strategic forces and how that process accom20 modates employment of nonnuclear strike plat21 forms and munitions in a strategic role. 

22 (B) How strategic intelligence, reconnais23 sance, and surveillance requirements differ from 

24 nuclear intelligence, reconnaissance, and surveil25 lance requirements. 
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1 (C) The ability of a limited number of stra2 tegic platforms to carry out a growing range of 

3 nonnuclear strategic strike missions. 

4 (D) The limits of tactical systems to per5 form nonnuclear global strategic missions in a 

6 prompt manner. 

7 (E) An assessment of the ability of the cur8 rent nuclear stockpile to address the evolving 

9 strategic threat environment through 2025. 

10 (2) RECOMMENDATIONS.—The Commission shall 

11 include in its report recommendations with respect to 

12 the following: 

13 (A) Changes to the requirements process to 

14 employ nonnuclear strike platforms and muni15 tions in a strategic role. 

16 (B) Changes to the nuclear stockpile and in17 frastructure required to preserve a nuclear capa18 bility commensurate with the changes to the stra19 tegic threat environment through 2025. 

20 (C) Actions the Secretary of Defense and the 

21 Secretary of Energy can take to preserve flexi22 bility of the defense nuclear complex while reduc23 ing the cost of a Cold War strategic infrastruc24 ture. 
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1 (D) Identify shortfalls in the strategic mod2 ernization programs of the United States that 

3 would undermine the ability of the United States 

4 to develop new nonnuclear strategic strike capa5 bilities. 

6 (3) COOPERATION FROM GOVERNMENT OFFI7 CIALS.—(A) In carrying out its duties, the Commis8 sion shall receive the full and timely cooperation of 

9 the Secretary of Defense, the Secretary of Energy, and 

10 any other United States Government official in pro11 viding the Commission with analyses, briefings, and 

12 other information necessary for the fulfillment of its 

13 responsibilities. 

14 (B) The Secretary of Energy and the Secretary 

15 of Defense shall each designate at least one officer or 

16 employee of the Department of Energy and the De17 partment of Defense, respectively, to serve as a liaison 

18 officer between the department and the Commission. 

19 (c) REPORTS.— 

20 (1) COMMISSION REPORT.—The Commission 

21 shall submit to the Secretary of Defense and the Com22 mittees on Armed Services of the Senate and House 

23 of Representatives a report on the Commission’s find24 ings and conclusions. Such report shall be submitted 
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1 not later that 28 months after the date of the first 

2 meeting of the Commission. 

3 (2) SECRETARY OF DEFENSE RESPONSE.—Not 

4 later than one year after the date on which the Com5 mission submits its report under paragraph (1), the 

6 Secretary of Defense shall submit to Congress a re7 port— 

8 (A) commenting on the Commission’s find9 ings and conclusions; and 

10 (B) explaining what actions, if any, the 

11 Secretary intends to take to implement the rec12 ommendations of the Commission and, with re13 spect to each such recommendation, the Sec14 retary’s reasons for implementing, or not imple15 menting, the recommendation. 

16 (d) HEARINGS AND PROCEDURES.— 

17 (1) HEARINGS.—The Commission may, for the 

18 purpose of carrying out the purposes of this section, 

19 hold hearings and take testimony. 

20 (2) PROCEDURES.—The federally funded re21 search and development center with which a contract 

22 is entered into under subsection (a)(1) shall be re23 sponsible for establishing appropriate procedures for 

24 the Commission. 
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1 (3) DETAIL OF GOVERNMENT EMPLOYEES.— 

2 Upon request of the chairman of the Commission, the 

3 head of any Federal department or agency may de4 tail, on a nonreimbursable basis, personnel of that de5 partment or agency to the Commission to assist it in 

6 carrying out its duties. 

7 (e) FUNDING.—Funds for activities of the Commission 

8 shall be provided from amounts appropriated for the De9 partment of Defense. 

10 (f) TERMINATION OF COMMISSION.—The Commission 

11 shall terminate 60 days after the date of the submission of 

12 its report under subsection (c)(1). 

13 (g) IMPLEMENTATION.— 

14 (1) FFRDC CONTRACT.—The Secretary of De15 fense shall enter into the contract required under sub16 section (a)(1) not later that 60 days after the date of 

17 the enactment of this Act. 

18 (2) FIRST MEETING.—The Commission shall con19 vene its first meeting not later than 60 days after the 

20 date as of which all members of the Commission have 

21 been appointed. 

22 SEC. 1042. REESTABLISHMENT OF EMP COMMISSION. 

23 (a) REESTABLISHMENT.—The commission established 

24 pursuant to title XIV of the Floyd D. Spence National De25 fense Authorization Act for Fiscal Year 2001 (as enacted 
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1 into law by Public Law 106–398; 114 Stat. 1654A–345), 

2 known as the Commission to Assess the Threat to the United 

3 States from Electromagnetic Pulse Attack, is hereby reestab4 lished. 

5 (b) MEMBERSHIP.—The Commission as reestablished 

6 shall have the same membership as the Commission had as 

7 of the date of the submission of the report of the Commission 

8 pursuant to section 1403(a) of such Act, as in effect before 

9 the date of the enactment of this Act. Service on the Com10 mission is voluntary, and Commissioners may elect to ter11 minate their service on the Commission. 

12 (c) COMMISSION CHARTER DEFINED.—In this section, 

13 the term ‘‘Commission charter’’ means title XIV of the 

14 Floyd D. Spence National Defense Authorization Act for 

15 Fiscal Year 2001 (as enacted into law by Public Law 106– 

16 398; 114 Stat. 1654A–345 et seq.). 

17 (d) ESTABLISHMENT AND PURPOSE.—Section 1401 of 

18 the Commission charter (114 Stat. 1654A–345) is amend19 ed— 

20 (1) by striking subsections (e) and (g); 

21 (2) by redesignating subsections (b), (c), and (d) 

22 as subsections (c), (d), and (e), respectively; 

23 (3) by inserting after subsection (a) the following 

24 new subsection (b): 
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1 ‘‘(b) PURPOSE.—The purpose of the Commission is to 

2 monitor, investigate, make recommendations, and report to 

3 Congress on the evolving threat to the United States from 

4 electromagnetic pulse (hereinafter in this title referred to 

5 as ‘EMP’) attack resulting from the detonation of a nuclear 

6 weapon or weapons at high altitude.’’; 

7 (4) in subsection (c), as redesignated by para8 graph (2), by striking the second and third sentences 

9 and inserting ‘‘In the event of a vacancy in the mem10 bership of the Commission, the Secretary of Defense 

11 shall appoint a new member.’’; and 

12 (5) in subsection (d), as redesignated by para13 graph (2), by striking ‘‘pulse (hereafter’’ and all that 

14 follows and inserting ‘‘pulse effects referred to in sub15 section (b).’’. 

16 (e) DUTIES OF COMMISSION.—Section 1402 of the 

17 Commission charter (114 Stat. 1654A–346) is amended to 

18 read as follows: 

19 ‘‘SEC. 1402. DUTIES OF COMMISSION. 

20 ‘‘The Commission shall on an ongoing basis assess the 

21 following: 

22 ‘‘(1) The nature and magnitude of potential 

23 EMP threats to the United States from terrorists and 

24 all other potentially hostile actors. 
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1 ‘‘(2) The proliferation of technology relevant to 

2 the EMP threat. 

3 ‘‘(3) The vulnerability of electric-dependent mili4 tary systems and other electric-dependent systems in 

5 the United States to an EMP attack, giving special 

6 attention to the progress, or lack of progress, by the 

7 Department of Defense, other Government depart8 ments and agencies of the United States, and entities 

9 of the private sector in taking steps to protect such 

10 systems from such an attack.’’. 

11 (f) REPORT.—Section 1403 of the Commission charter 

12 (114 Stat. 1654A–345) is amended to read as follows: 

13 ‘‘SEC. 1403. REPORTS. 

14 ‘‘(a) ANNUAL REPORT.—Not later than March 1 each 

15 year (beginning in 2007 and ending three years later), the 

16 Commission shall submit to Congress an annual report pro17 viding the Commission’s current assessment of the matters 

18 specified in section 1402. 

19 ‘‘(b) ADDITIONAL REPORTS.—The Commission may 

20 submit to Congress additional reports at such other times 

21 as the Commission considers appropriate. 

22 ‘‘(c) CONTENT OF REPORTS.—Each annual report 

23 under subsection (a) shall include recommendations for any 

24 steps the Commission believes should be taken by the United 
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1 States to better protect systems referred to in section 

2 1402(3) from an EMP attack.’’. 

3 (g) CLERICAL AMENDMENT.—The heading for sub4 section (c) of section 1405 of the Commission charter (114 

5 Stat. 1654A–347) is amended by striking ‘‘Commission’’ 

6 and inserting ‘‘Panels’’. 

7 (h) COMMISSION PERSONNEL MATTERS.—Section 

8 1406(c)(2) of the Commission charter (114 Stat. 1654A– 

9 347) is amended by striking ‘‘for grade GS–15 of the Gen10 eral Schedule’’ and inserting ‘‘for senior level and scientific 

11 or professional positions’’. 

12 (i) FUNDING.—Section 1408 of the Commission char13 ter (114 Stat. 1654A–348) is amended— 

14 (1) by inserting ‘‘for any fiscal year’’ after ‘‘ac15 tivities of the Commission’’; and 

16 (2) by striking ‘‘for fiscal year 2001’’ and insert17 ing ‘‘for that fiscal year’’. 

18 (j) TERMINATION OF COMMISSION.—Section 1409 of 

19 the Commission charter (114 Stat. 1654A–348) is amended 

20 by striking ‘‘60 days’’ and all that follows through ‘‘section 

21 1403(a)’’ and inserting ‘‘on May 1, 2010’’. 
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1 SEC. 1043. MODERNIZATION OF AUTHORITY RELATING TO 

2 SECURITY OF DEFENSE PROPERTY AND FA3 CILITIES. 

4 Section 21 of the Internal Security Act of 1950 (50 

5 U.S.C. 797) is amended to read as follows: 

6 ‘‘PENALTY FOR VIOLATION OF SECURITY REGULATIONS AND

7 ORDERS

8 ‘‘SEC. 21. (a) MISDEMEANOR VIOLATION OF DEFENSE

9 PROPERTY SECURITY REGULATIONS.— 

10 ‘‘(1) MISDEMEANOR.—Whoever willfully violates 

11 any defense property security regulation shall be fined 

12 under title 18, United States Code, or imprisoned not 

13 more than one year, or both. 

14 ‘‘(2) DEFENSE PROPERTY SECURITY REGULATION

15 DESCRIBED.—For purposes of paragraph (1), a de16 fense property security regulation is a property secu17 rity regulation that, pursuant to lawful authority— 

18 ‘‘(A) shall be or has been promulgated or 

19 approved by the Secretary of Defense (or by a 

20 military commander designated by the Secretary 

21 of Defense or by a military officer, or a civilian 

22 officer or employee of the Department of Defense, 

23 holding a senior Department of Defense director 

24 position designated by the Secretary of Defense) 

25 for the protection or security of Department of 

26 Defense property; or 
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1 ‘‘(B) shall be or has been promulgated or 

2 approved by the Administrator of the National 

3 Aeronautics and Space Administration for the 

4 protection or security of NASA property. 

5 ‘‘(3) PROPERTY SECURITY REGULATION DE6 SCRIBED.—For purposes of paragraph (2), a property 

7 security regulation, with respect to any property, is 

8 a regulation— 

9 ‘‘(A) relating to fire hazards, fire protection, 

10 lighting, machinery, guard service, disrepair, 

11 disuse, or other unsatisfactory conditions on such 

12 property, or the ingress thereto or egress or re13 moval of persons therefrom; or 

14 ‘‘(B) otherwise providing for safeguarding 

15 such property against destruction, loss, or injury 

16 by accident or by enemy action, sabotage, or 

17 other subversive actions. 

18 ‘‘(4) DEFINITIONS.—In this subsection: 

19 ‘‘(A) DEPARTMENT OF DEFENSE PROP20 ERTY.—The term ‘Department of Defense prop21 erty’ means covered property subject to the juris22 diction, administration, or in the custody of the 

23 Department of Defense, any Department or 

24 agency of which that Department consists, or 
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1 any officer or employee of that Department or 

2 agency. 

3 ‘‘(B) NASA PROPERTY.—The term ‘NASA 

4 property’ means covered property subject to the 

5 jurisdiction, administration, or in the custody of 

6 the National Aeronautics and Space Administra7 tion or any officer or employee thereof. 

8 ‘‘(C) COVERED PROPERTY.—The term ‘cov9 ered property’ means aircraft, airports, airport 

10 facilities, vessels, harbors, ports, piers, water11 front facilities, bases, forts, posts, laboratories, 

12 stations, vehicles, equipment, explosives, or other 

13 property or places. 

14 ‘‘(D) REGULATION AS INCLUDING ORDER.— 

15 The term ‘regulation’ includes an order. 

16 ‘‘(b) POSTING.—Any regulation or order covered by 

17 subsection (a) shall be posted in conspicuous and appro18 priate places.’’. 

19 SEC. 1044. REVISION OF DEPARTMENT OF DEFENSE COUN20 TERINTELLIGENCE POLYGRAPH PROGRAM. 

21 (a) IN GENERAL.—Section 1564a of title 10, United 

22 States Code, is amended to read as follows: 

23 ‘‘§ 1564a. Counterintelligence polygraph program 

24 ‘‘(a) AUTHORITY FOR PROGRAM.—The Secretary of 

25 Defense may carry out a program for the administration 
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1 of counterintelligence polygraph examinations to persons 

2 described in subsection (b). The program shall be conducted 

3 in accordance with the standards specified in subsection (e). 

4 ‘‘(b) PERSONS COVERED.—Except as provided in sub5 section (d), the following persons, if their duties are de6 scribed in subsection (c), are subject to this section: 

7 ‘‘(1) Military and civilian personnel of the De8 partment of Defense. 

9 ‘‘(2) Personnel of defense contractors. 

10 ‘‘(3) A person assigned or detailed to the Depart11 ment of Defense. 

12 ‘‘(4) An applicant for a position in the Depart13 ment of Defense. 

14 ‘‘(c) COVERED TYPES OF DUTIES.—The Secretary of 

15 Defense may provide, under standards established by the 

16 Secretary, that a person described in subsection (b) is sub17 ject to this section if that person’s duties involve— 

18 ‘‘(1) access to information that— 

19 ‘‘(A) has been classified at the level of top 

20 secret; or 

21 ‘‘(B) is designated as being within a special 

22 access program under section 4.4(a) of Executive 

23 Order 12958 (or a successor Executive order); or 

24 ‘‘(2) assistance in an intelligence or military 

25 mission in a case in which the unauthorized disclo-
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1 sure or manipulation of information, as determined 

2 under standards established by the Secretary of De3 fense, could reasonably be expected to— 

4 ‘‘(A) jeopardize human life or safety; 

5 ‘‘(B) result in the loss of unique or uniquely 

6 productive intelligence sources or methods vital 

7 to United States security; or 

8 ‘‘(C) compromise technologies, operational 

9 plans, or security procedures vital to the stra10 tegic advantage of the United States and its al11 lies. 

12 ‘‘(d) EXCEPTIONS FROM COVERAGE FOR CERTAIN IN13 TELLIGENCE AGENCIES AND FUNCTIONS.—This section does 

14 not apply to the following persons: 

15 ‘‘(1) A person assigned or detailed to the Central 

16 Intelligence Agency or to an expert or consultant 

17 under a contract with the Central Intelligence Agen18 cy. 

19 ‘‘(2) A person who is— 

20 ‘‘(A) employed by or assigned or detailed to 

21 the National Security Agency; 

22 ‘‘(B) an expert or consultant under contract 

23 to the National Security Agency; 

24 ‘‘(C) an employee of a contractor of the Na25 tional Security Agency; or 
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1 ‘‘(D) a person applying for a position in 

2 the National Security Agency. 

3 ‘‘(3) A person assigned to a space where sensitive 

4 cryptographic information is produced, processed, or 

5 stored. 

6 ‘‘(4) A person employed by, or assigned or de7 tailed to, an office within the Department of Defense 

8 for the collection of specialized national foreign intel9 ligence through reconnaissance programs or a con10 tractor of such an office. 

11 ‘‘(e) STANDARDS.—(1) Polygraph examinations con12 ducted under this section shall comply with all applicable 

13 laws and regulations. 

14 ‘‘(2) Such examinations may be authorized for any of 

15 the following purposes: 

16 ‘‘(A) To assist in determining the initial eligi17 bility for duties described in subsection (c) of, and 

18 aperiodically thereafter, on a random basis, to assist 

19 in determining the continued eligibility of, persons 

20 described in subsections (b) and (c). 

21 ‘‘(B) With the consent of, or upon the request of, 

22 the examinee, to— 

23 ‘‘(i) resolve serious credible derogatory in24 formation developed in connection with a per25 sonnel security investigation; or 
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1 ‘‘(ii) exculpate him- or herself of allegations 

2 or evidence arising in the course of a counter3 intelligence or personnel security investigation. 

4 ‘‘(C) To assist, in a limited number of cases 

5 when operational exigencies require the immediate use 

6 of a person’s services before the completion of a per7 sonnel security investigation, in determining the in8 terim eligibility for duties described in subsection (c) 

9 of the person. 

10 ‘‘(3) Polygraph examinations conducted under this sec11 tion shall provide adequate safeguards, prescribed by the 

12 Secretary of Defense, for the protection of the rights and 

13 privacy of persons subject to this section under subsection 

14 (b) who are considered for or administered polygraph ex15 aminations under this section. Such safeguards shall in16 clude the following: 

17 ‘‘(A) The examinee shall receive timely notifica18 tion of the examination and its intended purpose and 

19 may only be given the examination with the consent 

20 of the examinee. 

21 ‘‘(B) The examinee shall be advised of the 

22 examinee’s right to consult with legal counsel. 

23 ‘‘(C) All questions asked concerning the matter 

24 at issue, other than technical questions necessary to 
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1 the polygraph technique, must have a relevance to the 

2 subject of the inquiry. 

3 ‘‘(f) OVERSIGHT.—(1) The Secretary shall establish a 

4 process to monitor responsible and effective application of 

5 polygraph examinations within the Department of Defense. 

6 ‘‘(2) The Secretary shall make information on the use 

7 of polygraphs within the Department of Defense available 

8 to the congressional defense committees. 

9 ‘‘(g) POLYGRAPH RESEARCH PROGRAM.—The Sec10 retary shall carry out a continuing research program to 

11 support the polygraph examination activities of the Depart12 ment of Defense. The program shall include the following: 

13 ‘‘(1) An on-going evaluation of the validity of 

14 polygraph techniques used by the Department. 

15 ‘‘(2) Research on polygraph countermeasures and 

16 anti- countermeasures. 

17 ‘‘(3) Developmental research on polygraph tech18 niques, instrumentation, and analytic methods.’’. 

19 (b) EFFECTIVE DATE; IMPLEMENTATION.—The 

20 amendment made by subsection (a) shall apply with respect 

21 to polygraph examinations administered beginning on the 

22 date of the enactment of this Act. 
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1 SEC. 1045. REPEAL OF REQUIREMENT FOR REPORT TO CON2 GRESS REGARDING GLOBAL STRIKE CAPA3 BILITY. 

4 (a) REPEAL OF REQUIREMENT FOR ANNUAL UPDATE

5 TO PLAN FOR GLOBAL STRIKE CAPABILITY.— Subsection 

6 (a) of section 1032 of the National Defense Authorization 

7 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

8 1605; 10 U.S.C. 113 note) is amended by striking the second 

9 sentence. 

10 (b) REPEAL OF 2006 REPORT REQUIREMENT.—Sub11 section (b)(1) of such section is amended by striking ‘‘, 

12 2005, and 2006’’ and inserting ‘‘and 2005’’. 

13 SEC. 1046. TECHNICAL AND CLERICAL AMENDMENTS. 

14 (a) AMENDMENTS RELATING TO DEFINITION OF CON15 GRESSIONAL DEFENSE COMMITTEES.— 

16 (1) Chapter 169 of title 10, United States Code, 

17 is amended as follows: 

18 (A) Paragraph (4) of section 2801(c) is 

19 amended to read as follows: 

20 ‘‘(4) The term ‘congressional defense committees’ 

21 includes, with respect to any project to be carried out 

22 by, or for the use of, an intelligence component of the 

23 Department of Defense— 

24 ‘‘(A) the Permanent Select Committee on 

25 Intelligence of the House of Representatives; and 
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1 ‘‘(B) the Select Committee on Intelligence of 

2 the Senate.’’. 

3 (B) The following sections are amended by 

4 striking ‘‘appropriate committees of Congress’’ 

5 each place it appears and inserting ‘‘congres6 sional defense committees’’: sections 2803(b), 

7 2804(b), 2805(b)(2), 2806(c)(2), 2807(b), 

8 2807(c), 2808(b), 2809(f)(1), 2811(d), 

9 2812(c)(1)(A), 2813(c), 2814(a)(2)(A), 

10 2814(g)(1), 2825(b)(1), 2827(b), 2828(f), 

11 2837(c)(2), 2853(c)(2), 2854(b), 2854a(c)(1), 

12 2865(e)(2), 2866(c)(2), 2875(e), 2881a(d)(2), 

13 2881a(e), 2883(f), and 2884(a). 

14 (C) Section 2835 is amended by adding at 

15 the end the following new subsection: 

16 ‘‘(i) APPROPRIATE COMMITTEES OF CONGRESS DE17 FINED.—In this section, the term ‘appropriate committees 

18 of Congress’ means the congressional defense committees 

19 and, with respect to the Coast Guard, the Committee on 

20 Transportation and Infrastructure of the House of Rep21 resentatives and the Committee on Commerce, Science, and 

22 Transportation of the Senate.’’. 

23 (D) Section 2836 is amended by adding at 

24 the end the following new subsection: 
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1 ‘‘(h) APPROPRIATE COMMITTEES OF CONGRESS DE2 FINED.—In this section, the term ‘appropriate committees 

3 of Congress’ means the congressional defense committees 

4 and, with respect to the Coast Guard, the Committee on 

5 Transportation and Infrastructure of the House of Rep6 resentatives and the Committee on Commerce, Science, and 

7 Transportation of the Senate.’’. 

8 (2) Section 2694a of such title is amended— 

9 (A) in subsection (e), by striking ‘‘appro10 priate committees of Congress’’ and inserting 

11 ‘‘congressional defense committees’’; and 

12 (B) in subsection (i), by striking paragraph 

13 (1) and redesignating paragraphs (2), (3), and 

14 (4) as paragraphs (1), (2), and (3), respectively. 

15 (b) AMENDMENTS RELATING TO DEFINITION OF BASE

16 CLOSURE LAWS.— 

17 (1) Section 2694a(i) of title 10, United States 

18 Code, is amended by striking paragraph (2). 

19 (2) Paragraph (1) of section 1333(i) of the Na20 tional Defense Authorization Act for Fiscal Year 1994 

21 (Public Law 103–160; 10 U.S.C. 2701 note) is 

22 amended to read as follows: 

23 ‘‘(1) BASE CLOSURE LAW.—The term ‘base clo24 sure law’ has the meaning given such term in section 

25 101(a)(17) of title 10, United States Code.’’. 
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1 (3) Subsection (b) of section 2814 of the Military 

2 Construction Authorization Act for Fiscal Year 1995 

3 (division B of Public Law 103–337; 10 U.S.C. 2687 

4 note) is amended to read as follows: 

5 ‘‘(b) BASE CLOSURE LAW DEFINED.—In this section, 

6 the term ‘base closure law’ has the meaning given such term 

7 in section 101(a)(17) of title 10, United States Code.’’. 

8 (4) Subsection (c) of section 3341 of title 5, 

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

10 ‘‘(c) For purposes of this section, the term ‘base closure 

11 law’ has the meaning given such term in section 101(a)(17) 

12 of title 10.’’. 

13 (5) Chapter 5 of title 40, United States Code, is 

14 amended— 

15 (A) in section 554(a)(1), by striking 

16 ‘‘means’’ and all that follows and inserting ‘‘has 

17 the meaning given that term in section 

18 101(a)(17) of title 10.’’; and 

19 (B) in section 572(b)(1)(B), by striking 

20 ‘‘section 2667(h)(2)’’ and inserting ‘‘section 

21 101(a)(17) of title 10’’. 

22 (6) The Act of November 13, 2000, entitled ‘‘An 

23 Act to Amend the Organic Act of Guam, and for other 

24 purposes’’ (Public Law 106–504, 114 Stat. 2309) is 
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1 amended by striking paragraph (2) of section 1(c) 

2 and inserting the following new paragraph (2): 

3 ‘‘(2) The term ‘base closure law’ has the meaning 

4 given such term in section 101(a)(17) of title 10, 

5 United States Code.’’. 

6 (c) DEFINITION OF STATE FOR PURPOSES OF SECTION

7 2694A.—Subsection (i) of section 2694a of title 10, United 

8 States Code, as amended by subsections (a)(2)(B) and 

9 (b)(1), is further amended— 

10 (1) by redesignating paragraphs (3) and (4) as 

11 paragraphs (1) and (2), respectively; and 

12 (2) in paragraph (2), as so redesignated, by 

13 striking ‘‘and the territories and possessions of the 

14 United States’’ and inserting ‘‘, Guam, the Virgin Is15 lands, and American Samoa’’. 

16 (d) OTHER MISCELLANEOUS CORRECTIONS TO TITLE

17 10, UNITED STATES CODE.—Title 10, United States Code, 

18 is amended as follows: 

19 (1) Section 101(e)(4)(B)(ii) is amended by strik20 ing the comma after ‘‘bulk explosives’’. 

21 (2) Section 127b(d)(1) is amended by striking 

22 ‘‘polices’’ in the second sentence and inserting ‘‘poli23 cies’’. 

24 (3) Section 1732 is amended— 

25 (A) in subsection (c)— 
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1 (i) by striking ‘‘(b)(2)(A) and 

2 (b)(2)(B)’’ in paragraphs (1) and (2) and 

3 inserting ‘‘(b)(1)(A) and (b)(1)(B)’’; and 

4 (ii) by striking paragraph (3); and 

5 (B) in subsection (d)(2), by striking 

6 ‘‘(b)(2)(A)(ii)’’ and inserting ‘‘(b)(1)(A)(ii)’’. 

7 (4) Section 2410n(b) is amended by striking 

8 ‘‘compeititon’’ in the second sentence and inserting 

9 ‘‘competition’’. 

10 (5) Section 2507(d) is amended by striking ‘‘sec11 tion (a)’’ and inserting ‘‘subsection (a)’’. 

12 (6) Section 2665(a) is amended by striking 

13 ‘‘under section 2664 of this title’’. 

14 (7) Section 2703(b) is amended by striking ‘‘The 

15 terms ‘unexploded ordnance’, ‘discarded military mu16 nitions’, and’’ and inserting ‘‘In this subsection, the 

17 terms ‘discarded military munitions’ and’’. 

18 (8) Section 2773a(a) is amended by inserting 

19 ‘‘by’’ after ‘‘incorrect payment made’’ in the first sen20 tence. 

21 (9) Section 2801(d) is amended by striking ‘‘sec22 tions 2830 and 2835’’ and inserting ‘‘sections 2830, 

23 2835, and 2836 of this chapter’’. 
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1 (10) Section 2881a(f) is amended by striking 

2 ‘‘Notwithstanding section 2885 of this title, the’’ and 

3 inserting ‘‘The’’. 

4 (11) Section 3084 is amended by striking the 

5 semicolon in the section heading and inserting a 

6 colon. 

7 (e) RONALD W. REAGAN NATIONAL DEFENSE AU8 THORIZATION ACT FOR FISCAL YEAR 2005.—The Bob 

9 Stump National Defense Authorization Act for Fiscal Year 

10 2003 (Public Law 108–375) is amended as follows: 

11 (1) Section 513(c)(2)(C) (118 Stat. 1881) is 

12 amended by striking ‘‘404(a)(4)’’ and inserting 

13 ‘‘416(a)(4)’’. 

14 (2) Section 1105(h) (118 Stat. 2075) is amended 

15 by striking ‘‘(21 U.S.C.’’ and inserting ‘‘(20 U.S.C.’’. 

16 (f) BOB STUMP NATIONAL DEFENSE AUTHORIZATION

17 ACT FOR FISCAL YEAR 2003.—The Bob Stump National 

18 Defense Authorization Act for Fiscal Year 2003 (Public 

19 Law 107–314) is amended as follows: 

20 (1) Section 314 (116 Stat. 2508) is amended— 

21 (A) in subsection (d), by striking ‘‘(40 

22 U.S.C.’’ and inserting ‘‘(42 U.S.C. ’’; and 

23 (B) in subsection (e)(2), by striking ‘‘(40 

24 U.S.C.’’ and inserting ‘‘(42 U.S.C.)’’. 
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1 (2) Section 635(a) (116 Stat. 2574) is amended 

2 by inserting ‘‘the first place it appears’’ after ‘‘by 

3 striking ‘a claim’ ’’. 

4 (g) NATIONAL DEFENSE AUTHORIZATION ACT FOR

5 FISCAL YEAR 1994.—Section 1605(a)(4) of the National 

6 Defense Authorization Act for Fiscal Year 1994 (22 U.S.C. 

7 2751 note) is amended by striking ‘‘Logisitics’’ in the first 

8 sentence and inserting ‘‘Logistics’’. 

9 (h) TITLE 38, UNITED STATES CODE.—Section 

10 8111(b)(1) of title 38, United States Code, is amended by 

11 inserting ‘‘of 1993’’ after ‘‘the Government Performance 

12 and Results Act’’. 

13 SEC. 1047. DELETION OF OBSOLETE DEFINITIONS IN TI14 TLES 10 AND 32, UNITED STATES CODE. 

15 (a) DELETING OBSOLETE DEFINITION OF ‘‘TERRI16 TORY’’ IN TITLE 10.—Title 10, United States Code, is 

17 amended as follows: 

18 (1) Section 101(a) is amended by striking para19 graph (2). 

20 (2) The following sections are amended by strik21 ing the terms ‘‘Territory or’’, ‘‘or Territory’’, ‘‘a Ter22 ritorial Department,’’, ‘‘or a Territory’’, ‘‘Territory 

23 and’’, ‘‘its Territories,’’, and ‘‘and Territories’’ each 

24 place they appear: sections 101(a)(3), 332, 822, 1072, 
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1 1103, 2671, 3037, 5148, 8037, 8074, 12204, and 

2 12642. 

3 (3) The following sections are amended by strik4 ing the terms ‘‘Territory,’’ and ‘‘Territories,’’ each 

5 place they appear: sections 849, 858, 888, 2668, 2669, 

6 7545, and 9773. 

7 (4) Section 808 is amended by striking ‘‘Terri8 tory, Commonwealth, or possession,’’ and inserting 

9 ‘‘Commonwealth, possession,’’. 

10 (5) The following sections are amended are by 

11 striking ‘‘Territories, Commonwealths, or possessions’’ 

12 each place it appears and inserting ‘‘Commonwealths 

13 or possessions’’: sections 846, 847, 2734, 3062, 3074, 

14 4747, 4778, 5986, 7652, 7653, 8062, 9778, and 12406. 

15 (6) The following sections are amended by strik16 ing ‘‘Territories, Commonwealths, and possessions’’ 

17 each place it appears and inserting ‘‘Commonwealths 

18 and possessions’’: sections 3062, 3074, 4747, 4778, 

19 8062, and 9778. 

20 (7) Section 312 is amended by striking ‘‘States 

21 and Territories, and Puerto Rico’’ and inserting 

22 ‘‘States, the Commonwealth of Puerto Rico, Guam, 

23 and the Virgin Islands’’. 

24 (8) Section 335 is amended by striking ‘‘the un25 incorporated territories of’’. 
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1 (9) Sections 4301 and 9301 are amended by 

2 striking ‘‘State or Territory, Puerto Rico, or the Dis3 trict of Columbia’’ each place it appears and insert4 ing ‘‘State, the Commonwealth of Puerto Rico, the 

5 District of Columbia, Guam, or the Virgin Islands’’. 

6 (10) Sections 4685 and 9685 are amended by 

7 striking ‘‘State or Territory concerned’’ each place it 

8 appears and inserting ‘‘State concerned or Guam or 

9 the Virgin Islands’’ and by striking ‘‘State and Terri10 torial’’ each place it appears and inserting ‘‘State, 

11 Guam, and the Virgin Islands’’. 

12 (11) Section 7851 is amended by striking 

13 ‘‘States, the Territories, and the District of Colum14 bia’’ and inserting ‘‘States, the District of Columbia, 

15 Guam, and the Virgin Islands’’. 

16 (12) Section 7854 is amended by striking ‘‘any 

17 State, any Territory, or the District of Columbia’’ 

18 and inserting ‘‘any State, the District of Columbia, 

19 Guam, or the Virgin Islands’’. 

20 (b) DELETING OBSOLETE DEFINITION OF ‘‘TERRI21 TORY’’ IN TITLE 32.—Title 32, United States Code, is 

22 amended as follows: 

23 (1) Paragraph (1) of section 101 is amended to 

24 read as follows: 
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1 ‘‘(1) For purposes of other laws relating to the 

2 militia, the National Guard, the Army National 

3 Guard of the United States, and the Air National 

4 Guard of the United States, the term ‘Territory’ in5 cludes Guam and the Virgin Islands.’’. 

6 (2) Sections 103, 104(c), 314, 315, 708(d), and 

7 711 are amended by striking ‘‘State and Territory, 

8 Puerto Rico and the District of Columbia’’ and 

9 ‘‘State or Territory, Puerto Rico, and the District of 

10 Columbia’’ each place they appear and inserting 

11 ‘‘State, the Commonwealth of Puerto Rico, the Dis12 trict of Columbia, Guam, and the Virgin Islands’’. 

13 (3) Sections 104(d), 107, 109, 503, 703, 704, 

14 710, and 712 are amended by striking ‘‘State or Ter15 ritory, Puerto Rico or the District of Columbia’’ and 

16 ‘‘State or Territory, Puerto Rico, the Virgin Islands 

17 or the District of Columbia’’ each place they appear 

18 and inserting ‘‘State, the Commonwealth of Puerto 

19 Rico, the District of Columbia, Guam, or the Virgin 

20 Islands’’. 

21 (4) Sections 104(a), 505, 702(a), and 708(a) are 

22 amended by striking ‘‘State or Territory and Puerto 

23 Rico’’ and ‘‘State or Territory, Puerto Rico’’ each 

24 place they appear and inserting ‘‘State, the Common-
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1 wealth of Puerto Rico, Guam, and the Virgin Is2 lands’’. 

3 (5) Section 324 is amended by striking ‘‘State or 

4 Territory of whose National Guard he is a member, 

5 or by the laws of Puerto Rico, or the District of Co6 lumbia, if he is a member of its National Guard’’ and 

7 inserting ‘‘State of whose National Guard he is a 

8 member, or by the laws of the Commonwealth of Puer9 to Rico, or the District of Columbia, Guam, or the 

10 Virgin Islands, whose National Guard he is a mem11 ber’’. 

12 (6) Section 325 is amended by striking ‘‘State or 

13 Territory, or of Puerto Rico’’ and ‘‘State or Territory 

14 or Puerto Rico’’ each place they appear and inserting 

15 ‘‘State, or of the Commonwealth of Puerto Rico, 

16 Guam, or the Virgin Islands’’. 

17 (7) Sections 326, 327, and 501 are amended by 

18 striking ‘‘States and Territories, Puerto Rico, and the 

19 District of Columbia’’ each place it appears and in20 serting ‘‘States, the Commonwealth of Puerto Rico, 

21 the District of Columbia, Guam, and the Virgin Is22 lands’’. 

23 TITLE XI—CIVILIAN PERSONNEL 

24 MATTERS 

1101. Extension of eligibility to continue Federal employee health benefits. 

1102. Extension of Department of Defense voluntary reduction in force authority. 
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1103. Extension of authority to make lump sum severence payments. 

1104. Authority for heads of agencies to allow shorter length of required service 

by Federal employees after completion of training. 

1105. Authority to waive annual limitation on total compensation paid to Federal civilian employees. 

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

1107. Permanent extension of Science, Mathematics, and Research for Transformation (SMART) Defense Scholarship Program. 

1 SEC. 1101. EXTENSION OF ELIGIBILITY TO CONTINUE FED2 ERAL EMPLOYEE HEALTH BENEFITS. 

3 Section 8905a(d)(4)(B) of title 5, United States Code, 

4 is amended— 

5 (1) in clause (i), by striking ‘‘October 1, 2006’’ 

6 and inserting ‘‘October 1, 2010’’; and 

7 (2) in clause (ii)— 

8 (A) by striking ‘‘February 1, 2007’’ and in9 serting ‘‘February 1, 2011’’; and 

10 (B) by striking ‘‘October 1, 2006’’ and in11 serting ‘‘October 1, 2010’’. 

12 SEC. 1102. EXTENSION OF DEPARTMENT OF DEFENSE VOL13 UNTARY REDUCTION IN FORCE AUTHORITY. 

14 Section 3502(f)(5) of title 5, United States Code, is 

15 amended by striking ‘‘September 30, 2005’’ and inserting 

16 ‘‘September 30, 2010’’. 

17 SEC. 1103. EXTENSION OF AUTHORITY TO MAKE LUMP SUM 

18 SEVERENCE PAYMENTS. 

19 Section 5595(i)(4) of title 5, United States Code, is 

20 amended by striking ‘‘October 1, 2006’’ and inserting ‘‘Oc21 tober 1, 2010’’. 
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1 SEC. 1104. AUTHORITY FOR HEADS OF AGENCIES TO ALLOW 

2 SHORTER LENGTH OF REQUIRED SERVICE BY 

3 FEDERAL EMPLOYEES AFTER COMPLETION 

4 OF TRAINING. 

5 Section 4108 of title 5, United States Code, is amend6 ed— 

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

8 subsections (c) and (d); 

9 (2) by striking ‘‘subsection (b)’’ in subsection (d) 

10 (as so redesignated) and inserting ‘‘subsection (c)’’; 

11 and 

12 (3) by inserting after subsection (a) the following 

13 new subsection (b): 

14 ‘‘(b) The head of an agency that authorized training 

15 for an employee may require a period of service for the em16 ployee that is shorter than the period required under sub17 section (a)(1) if the head of the agency determines it is in 

18 the best interests of the agency to require a shorter period. 

19 ’’. 

20 SEC. 1105. AUTHORITY TO WAIVE ANNUAL LIMITATION ON 

21 TOTAL COMPENSATION PAID TO FEDERAL CI22 VILIAN EMPLOYEES. 

23 (a) WAIVER AUTHORITY.—During 2006 and notwith24 standing section 5547 of title 5, United States Code, the 

25 head of an executive agency may waive, subject to sub26 section (b), the limitation established in that section for 
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1 total compensation (including limitations on the aggregate 

2 of basic pay and premium pay payable in a calendar year) 

3 of an employee who performs work while in an overseas lo4 cation that is in the area of responsibility of the commander 

5 of the United States Central Command, in direct support 

6 of or directly related to a military operation (including a 

7 contingency operation as defined in section 101(13) of title 

8 10, United States Code). 

9 (b) $200,000 MAXIMUM TOTAL COMPENSATION .—The 

10 total compensation of an employee whose pay is covered by 

11 a waiver under subsection (a) may not exceed $200,000 in 

12 a calendar year. 

13 (c) ADDITIONAL PAY NOT CONSIDERED BASIC PAY.— 

14 To the extent that a waiver under subsection (a) results in 

15 payment of additional premium pay of a type that is nor16 mally creditable as basic pay for retirement or any other 

17 purpose, such additional pay— 

18 (1) shall not be considered to be basic pay for 

19 any purpose; and 

20 (2) shall not be used in computing a lump sum 

21 payment for accumulated and accrued annual leave 

22 under section 5551 of title 5, United States Code. 
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1 SEC. 1106. TRANSPORTATION OF FAMILY MEMBERS INCI2 DENT TO REPATRIATION OF FEDERAL EM3 PLOYEES HELD CAPTIVE. 

4 (a) ALLOWANCES AUTHORIZED.—Chapter 57 of title 

5 5, United States Code, is amended by adding at the end 

6 the following new section: 

7 ‘‘§ 5760. Travel and transportation allowances: trans8 portation of family members incident to 

9 repatriation of employees held captive 

10 ‘‘(a) ALLOWANCES AUTHORIZED.—(1) The head of an 

11 agency may provide the travel and transportation allow12 ances described in subsection (c) to not more than three 

13 family members of an employee as defined in section 2105 

14 of this title who— 

15 ‘‘(A) was held captive, as determined by the head 

16 of the agency, and 

17 ‘‘(B) is repatriated to a site in or outside the 

18 United States. 

19 ‘‘(2) In circumstances determined to be appropriate by 

20 the head of the agency concerned, the head of the agency 

21 may waive the limitation on the number of family members 

22 provided travel and transportation allowances under this 

23 section. 

24 ‘‘(b) ELIGIBLE PERSONS.—(1) In this section, the term 

25 ‘family member’ has the meaning given that term in section 

26 411h(b) of title 37. 
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1 ‘‘(2) The head of an agency may also provide such 

2 travel and transportation allowances to an attendant who 

3 accompanies a family member if the head of the agency de4 termines that— 

5 ‘‘(A) the family member is unable to travel unat6 tended because of age, physical condition, or other jus7 tifiable reason; and 

8 ‘‘(B) no other family member who is receiving 

9 the allowances under this section is able to serve as 

10 an attendant for the family member. 

11 ‘‘(3) If no family member is able to travel to the repa12 triation site, the head of the agency concerned may provide 

13 the travel and transportation allowances to not more than 

14 two persons who are related to the member (but who do not 

15 satisfy the definition of family member) and are selected 

16 by the member. 

17 ‘‘(c) ALLOWANCES DESCRIBED.—(1) The transpor18 tation authorized by subsection (a) is round-trip transpor19 tation between— 

20 ‘‘(A) the home of the family member (or the home 

21 of an attendant or other person provided transpor22 tation pursuant to paragraph (2) or (3) of subsection 

23 (b)); and 
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1 ‘‘(B) the location of the repatriation site or other 

2 location determined to be appropriate by the head of 

3 the agency concerned. 

4 ‘‘(2) In addition to the transportation authorized by 

5 subsection (a), the head of an agency may provide a per 

6 diem allowance or reimbursement for the actual and nec7 essary expenses of the travel, or a combination thereof, but 

8 not to exceed the rates established under section 404(d) of 

9 title 37. 

10 ‘‘(d) PROVISION OF ALLOWANCES.—(1) The transpor11 tation authorized by subsection (a) may be provided by any 

12 of the following means: 

13 ‘‘(A) Transportation in-kind. 

14 ‘‘(B) A monetary allowance in place of transpor15 tation in-kind at a rate to be prescribed by the heads 

16 of the agencies concerned. 

17 ‘‘(C) Reimbursement for the commercial cost of 

18 transportation. 

19 ‘‘(2) An allowance payable under this subsection may 

20 be paid in advance. 

21 ‘‘(3) Reimbursement payable under this subsection 

22 may not exceed the cost of government-procured commercial 

23 round-trip air travel. 
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1 ‘‘(e) REGULATIONS.—The heads of the agencies con2 cerned shall prescribe uniform regulations to carry out this 

3 section.’’. 

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

5 the beginning of chapter 57 of title 5, United States Code, 

6 is amended by adding at the end the following new item: 

‘‘5760. Travel and transportation allowances: transportation of family members 

incident to repatriation of employees held captive.’’. 

7 SEC. 1107. PERMANENT EXTENSION OF SCIENCE, MATHE8 MATICS, AND RESEARCH FOR TRANS9 FORMATION (SMART) DEFENSE SCHOLARSHIP 

10 PROGRAM. 

11 (a) PERMANENT EXTENSION.—Section 1105 of the 

12 Ronald W. Reagan National Defense Authorization Act for 

13 Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2074; 

14 10 U.S.C. 2192 note) is amended— 

15 (1) by striking ‘‘pilot’’ each place it appears in 

16 the section and subsection headings and the text; 

17 (2) in subsection (a)— 

18 (A) by striking ‘‘(1)’’; and 

19 (B) by striking paragraph (2); and 

20 (3) in subsection (b)— 

21 (A) in paragraph (1)(B), by striking ‘‘un22 dergraduate’’ and inserting ‘‘associates degree, 

23 undergraduate degree,’’; and 
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1 (B) by adding at the end the following new 

2 paragraph: 

3 ‘‘(3) Financial assistance provided under a 

4 scholarship awarded under this section may be paid 

5 directly to the recipient of such scholarship or to an 

6 administering entity for disbursement of the funds.’’. 

7 (b) CODIFICATION.— 

8 (1) AMENDMENT TO TITLE 10.—Chapter 111 of 

9 title 10, United States Code, is amended— 

10 (A) by inserting after section 2192 the fol11 lowing: 

12 ‘‘§ 2192a. Science, Mathematics, and Research for 

13 Transformation (SMART) Defense Schol14 arship Program’’; and 

15 (B) by transferring and inserting the text of 

16 section 1105 of the Ronald W. Reagan National 

17 Defense Authorization Act for Fiscal Year 2005 

18 (Public Law 108–375; 118 Stat. 2074; 10 U.S.C. 

19 2192 note), as amended by subsection (a), so as 

20 to appear below the section heading for section 

21 2192a, as added by subparagraph (A). 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of such chapter is amended by 

24 inserting after the item relating to section 2192 the 

25 following new item: 
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‘‘2192a. Science, Mathematics, and Research for Transformation (SMART) Defense Scholarship Program.’’. 

1 (c) CONFORMING AMENDMENT.—Section 1105 of the 

2 Ronald W. Reagan National Defense Authorization Act for 

3 Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2074; 

4 10 U.S.C. 2192 note) is amended by striking subsections 

5 (a), (b), (c), (d), (e), (f), and (h). 

6 TITLE XII—MATTERS RELATING 

7 TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

1201. Extension of humanitarian and civic assistance provided to host nations 

in conjunction with military operations. 

1202. Commanders’ Emergency Response Program. 

1203. Military educational exchanges between senior officers and officials of the 

United States and Taiwan. 

1204. Modification of geographic restriction under bilateral and regional cooperation programs for payment of certain expenses of defense 

personnel of developing countries. 

1205. Authority for Department of Defense to enter into acquisition and crossservicing agreements with regional organizations of which the 

United States is not a member. 

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 

1211. Report on acquisition by Iran of nuclear weapons. 

1212. Procurement sanctions against foreign persons that transfer certain defense articles and services to the People’s Republic of China. 

1213. Prohibition on procurements from Communist Chinese military companies. 

Subtitle C—Other Matters 

1221. Purchase of weapons overseas for force protection purposes. 

1222. Requirement for establishment of certain criteria applicable to on-going 

Global Posture Review. 
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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 sec8 tion 401 of title 10, United States Code is amended by strik9 ing ‘‘$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,’’ both 

14 places it appears; and 

15 (2) by inserting ‘‘, including education, training, 

16 and technical assistance related to the care provided’’ 

17 before the period at the end. 

18 SEC. 1202. COMMANDERS’ EMERGENCY RESPONSE PRO19 GRAM. 

20 (a) FISCAL YEAR 2006 AUTHORITY.—During fiscal 

21 year 2006, from funds made available to the Department 

22 of Defense for operation and maintenance pursuant to title 

23 XV, not to exceed $500,000,000 may be used by the Sec24 retary of Defense to provide funds— 
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1 (1) for the Commanders’ Emergency Response 

2 Program established by the Administrator of the Coa3 lition Provisional Authority for the purpose of ena4 bling United States military commanders in Iraq to 

5 respond to urgent humanitarian relief and recon6 struction requirements within their areas of responsi7 bility by carrying out programs that will imme8 diately assist the Iraqi people; and 

9 (2) for a similar program to assist the people of 

10 Afghanistan. 

11 (b) QUARTERLY REPORTS.—Not later than 15 days 

12 after the end of each fiscal-year quarter, the Secretary of 

13 Defense shall submit to the congressional defense committees 

14 a report regarding the source of funds and the allocation 

15 and use of funds during that quarter that were made avail16 able pursuant to the authority provided in this section or 

17 under any other provision of law for the purposes stated 

18 in subsection (a). 

19 (c) LIMITATION ON USE OF FUNDS.—Funds author20 ized for the Commanders’ Emergency Response Program by 

21 this section may not be used to provide goods, services, or 

22 funds to national armies, national guard forces, border se23 curity forces, civil defense forces, infrastructure protection 

24 forces, highway patrol units, police, special police, or intel25 ligence or other security forces. 
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1 (d) SECRETARY OF DEFENSE GUIDANCE.—Not later 

2 than 90 days after the date of the enactment of this Act, 

3 the Secretary of Defense shall issue to the commander of 

4 the United States Central Command detailed guidance con5 cerning the types of activities for which United States mili6 tary commanders in Iraq may use funds under the Com7 manders’ Emergency Response Program to respond to ur8 gent relief and reconstruction requirements and the terms 

9 under which such funds may be expended. The Secretary 

10 shall simultaneously provide a copy of that guidance to the 

11 congressional defense committees. 

12 SEC. 1203. MILITARY EDUCATIONAL EXCHANGES BETWEEN 

13 SENIOR OFFICERS AND OFFICIALS OF THE 

14 UNITED STATES AND TAIWAN. 

15 (a) DEFENSE EXCHANGES.—The Secretary of Defense 

16 shall undertake a program of senior military officer and 

17 senior official exchanges with Taiwan designed to improve 

18 Taiwan’s defenses against the People’s Liberation Army of 

19 the People’s Republic of China. 

20 (b) EXCHANGES DESCRIBED.—For the purposes of this 

21 section, the term ‘‘exchange’’ means an activity, exercise, 

22 event, or observation opportunity between Armed Forces 

23 personnel or Department of Defense officials of the United 

24 States and armed forces personnel and officials of Taiwan. 
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1 (c) FOCUS OF EXCHANGES.—The senior military offi2 cer and senior official exchanges undertaken pursuant to 

3 subsection (a) shall include exchanges focused on the fol4 lowing, especially as they relate to defending Taiwan 

5 against potential submarine attack and potential missile 

6 attack: 

7 (1) Threat analysis. 

8 (2) Military doctrine. 

9 (3) Force planning. 

10 (4) Logistical support. 

11 (5) Intelligence collection and analysis. 

12 (6) Operational tactics, techniques, and proce13 dures. 

14 (d) CIVIL-MILITARY AFFAIRS.—The senior military of15 ficer and senior official exchanges undertaken pursuant to 

16 subsection (a) shall include activities and exercises focused 

17 on civil-military relations, including parliamentary rela18 tions. 

19 (e) LOCATION OF EXCHANGES.—The senior military 

20 officer and senior official exchanges undertaken pursuant 

21 to subsection (a) shall be conducted in both the United 

22 States and Taiwan. 

23 (f) DEFINITIONS.—For purposes of this section: 
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1 (1) The term ‘‘senior military officer’’ means a 

2 general or flag officer of the Armed Forces on active 

3 duty. 

4 (2) The term ‘‘senior official’’ means a civilian 

5 official of the Department of Defense at the level of 

6 Deputy Assistant Secretary of Defense or above. 

7 SEC. 1204. MODIFICATION OF GEOGRAPHIC RESTRICTION 

8 UNDER BILATERAL AND REGIONAL COOPERA9 TION PROGRAMS FOR PAYMENT OF CERTAIN 

10 EXPENSES OF DEFENSE PERSONNEL OF DE11 VELOPING COUNTRIES. 

12 Section 1051(b)(1) of title 10, United States Code, is 

13 amended— 

14 (1) by inserting ‘‘to and’’ after ‘‘in connection 

15 with travel’’; and 

16 (2) by striking ‘‘in which the developing country 

17 is located’’ and inserting ‘‘in which the meeting for 

18 which expenses are authorized is located’’. 

19 SEC. 1205. AUTHORITY FOR DEPARTMENT OF DEFENSE TO 

20 ENTER INTO ACQUISITION AND CROSS-SERV21 ICING AGREEMENTS WITH REGIONAL ORGA22 NIZATIONS OF WHICH THE UNITED STATES IS 

23 NOT A MEMBER. 

24 Subchapter I of chapter 138 of title 10, United States 

25 Code, is amended by striking ‘‘of which the United States 
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1 is a member’’ in sections 2341(1), 2342(a)(1)(C), and 

2 2344(b)(4). 

3 SEC. 1206. TWO-YEAR EXTENSION OF AUTHORITY FOR PAY4 MENT OF CERTAIN ADMINISTRATIVE SERV5 ICES AND SUPPORT FOR COALITION LIAISON 

6 OFFICERS. 

7 Section 1051a(e) of title 10, United States Code, is 

8 amended by striking ‘‘September 30, 2005’’ and inserting 

9 ‘‘September 30, 2007’’. 

10 Subtitle B—Nonproliferation 

11 Matters and Countries of Concern 

12 SEC. 1211. REPORT ON ACQUISITION BY IRAN OF NUCLEAR 

13 WEAPONS. 

14 (a) SENSE OF CONGRESS.—It is the sense of Congress 

15 that— 

16 (1) the Iran Nonproliferation Act of 2000 (Pub17 lic Law 106–178) has been a critical tool in pre18 venting the spread of weapons of mass destruction 

19 and their associated delivery systems to Iran; 

20 (2) the prevention of the development by Iran of 

21 weapons of mass destruction and their associated de22 livery systems remains the paramount policy goal of 

23 the United States with respect to matters associated 

24 with Iran; and 
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1 (3) the Iran Nonproliferation Act of 2000 should 

2 not be weakened by creating exceptions to require3 ments of such Act that are intended to serve lesser 

4 policy priorities. 

5 (b) REPORT.—Not later than nine months after the 

6 date of the enactment of this Act, the Secretary of Defense 

7 and Chairman of the Joint Chiefs of Staff shall submit to 

8 Congress a report that examines the strategic and military 

9 implications of the acquisition by Iran of nuclear weapons 

10 during the five-year period beginning on the date of the en11 actment of this Act. The report shall include the following: 

12 (1) An assessment of the acquisition by Iran of 

13 nuclear weapons on the balance of power among 

14 states within the area of responsibility of the United 

15 States Central Command. 

16 (2) A description of the active and passive de17 fense systems of the United States that may be able 

18 to counter such nuclear weapons based on the future19 years defense program under section 221 of title 10, 

20 United States Code, extant at the time of the fiscal 

21 year 2005 defense budget request. 

22 (3) A description of the military capabilities 

23 that the United States possesses that would enable it 

24 to deal with the potential acquisition and use of nu-
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1 clear weapons by Iran within the area of responsi2 bility of the United States Central Command. 

3 (4) An assessment of Iran’s ability to deliver and 

4 detonate nuclear weapons outside of the area of re5 sponsibility of the United States Central Command. 

6 (5) A summary of the entities that have provided 

7 technology, knowledge, or assistance useful in the ef8 forts of Iran to develop weapons of mass destruction 

9 or their associated delivery systems during the ten10 year period ending on the date of the enactment of 

11 this Act. 

12 (c) FORM.—The report described in subsection (b) shall 

13 be submitted in unclassified form as appropriate, with a 

14 classified annex as necessary. 

15 SEC. 1212. PROCUREMENT SANCTIONS AGAINST FOREIGN 

16 PERSONS THAT TRANSFER CERTAIN DE17 FENSE ARTICLES AND SERVICES TO THE PEO18 PLE’S REPUBLIC OF CHINA. 

19 (a) DECLARATION OF POLICY.—Congress declares that 

20 it is the policy of the United States to deny the People’s 

21 Republic of China such defense goods and defense technology 

22 that could be used to threaten the United States or under23 mine the security of Taiwan or the stability of the Western 

24 Pacific region. 
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1 (b) PROCUREMENT SANCTION.—(1) The Secretary of 

2 Defense may not procure, by contract or otherwise, any 

3 goods or services from— 

4 (A) any foreign person the Secretary of Defense 

5 determines has, with actual knowledge, on or after the 

6 date of the enactment of this Act, exported, trans7 ferred, or otherwise provided to governmental or non8 governmental entities of the People’s Republic of 

9 China any item or class of items on the United States 

10 Munitions List (or any item or class of items that are 

11 identical, substantially identical, or directly competi12 tive to an item or class of items on the United States 

13 Munitions List); or 

14 (B) any foreign person the Secretary of Defense 

15 determines— 

16 (i) is a successor entity to a person referred 

17 to in paragraph (1); 

18 (ii) is a parent or subsidiary of a person 

19 referred to in paragraph (1); or 

20 (iii) is an affiliate of a person referred to 

21 in paragraph (1) if that affiliate is controlled in 

22 fact by such person. 

23 (2) The prohibition under paragraph (1) with respect 

24 to a foreign person shall last for a period of five years after 
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1 a determination is made by the Secretary of Defense with 

2 respect to that person under paragraph (1)(A). 

3 (c) PUBLIC AVAILABILITY OF LIST OF SANCTIONED

4 PERSONS.—(1) The Secretary of Defense shall annually 

5 publish in the Federal Register a current list of any foreign 

6 persons sanctioned under subsection (b). The removal of for7 eign persons from, and the addition of foreign persons to, 

8 the list shall also be so published. 

9 (2) The Secretary shall maintain the list published 

10 under paragraph (1) on the Internet website of the Depart11 ment of Defense. 

12 (d) REMOVAL FROM LIST OF SANCTIONED PER13 SONS.—The Secretary of Defense may remove a person from 

14 the list of sanctioned persons referred to in subsection (c) 

15 only after the five-year prohibition period imposed under 

16 subsection (b) with respect to the person has expired. 

17 (e) EXCEPTIONS.—(1) Subsection (b) shall not 

18 apply— 

19 (A) to contracts, or subcontracts under such con20 tracts, in existence on the date of the enactment of 

21 this Act, including options under such contracts; 

22 (B) if the Secretary of Defense determines in 

23 writing that the person to which the sanctions would 

24 otherwise be applied is a sole source supplier of the 

25 goods or services being procured, that the goods or 
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1 services are essential, and that alternative sources are 

2 not readily or reasonably available; 

3 (C) in the case of a contract for routine servicing 

4 and maintenance, if the Secretary of Defense deter5 mines in writing alternative sources for performing 

6 the contract are not readily or reasonably available; 

7 or 

8 (D) if the Secretary of Defense determines in 

9 writing that goods or services proposed to be procured 

10 under the contract are essential to the national secu11 rity of the United States. 

12 (2) Determinations under paragraph (1) shall be pub13 lished in the Federal Register. 

14 (f) DEFINITIONS.—In this section: 

15 (1) The term ‘‘foreign person’’ has the meaning 

16 given the term in section 14 of the Iran and Libya 

17 Sanctions Act of 1996 (50 U.S.C. 1701 note). 

18 (2) The term ‘‘United States Munitions List’’ 

19 means the list referred to in section 38(a)(1) of the 

20 Arms Export Control Act (22 U.S.C. 2778(a)(1)). 

21 SEC. 1213. PROHIBITION ON PROCUREMENTS FROM COM22 MUNIST CHINESE MILITARY COMPANIES. 

23 (a) PROHIBITION.—The Secretary of Defense may not 

24 procure goods or services, through a contract or any sub-
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1 contract (at any tier) under a contract, from any Com2 munist Chinese military company. 

3 (b) DEFINITION.—In this section, the term ‘‘Com4 munist Chinese military company’’ has the meaning pro5 vided that term by section 1237(b)(4) of the Strom Thur6 mond National Defense Authorization Act for Fiscal Year 

7 1999 (50 U.S.C. 1701 note). 

8 Subtitle C—Other Matters 

9 SEC. 1221. PURCHASE OF WEAPONS OVERSEAS FOR FORCE 

10 PROTECTION PURPOSES. 

11 (a) PURCHASES IN COUNTRIES IN WHICH COMBAT OP12 ERATIONS ARE ONGOING.— 

13 (1) FORCE PROTECTION PURCHASES.—Chapter 3 

14 of title 10, United States Code, is amended by insert15 ing after section 127b the following new section: 

16 ‘‘§ 127c. Purchase of weapons overseas: force protec17 tion 

18 ‘‘(a) AUTHORITY.—When elements of the armed forces 

19 are engaged in ongoing military operations in a country, 

20 the Secretary of Defense may, for the purpose of protecting 

21 United States forces in that country, purchase weapons 

22 from any foreign person, foreign government, international 

23 organization, or other entity located in that country. 
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1 ‘‘(b) LIMITATION.—The total amount expended during 

2 any fiscal year for purchases under this section may not 

3 exceed $15,000,000. 

4 ‘‘(c) ANNUAL CONGRESSIONAL REPORT.—Not later 

5 than 30 days after the end of each fiscal year during which 

6 the authority under subsection (a) is used, the Secretary 

7 of Defense shall submit to the congressional defense commit8 tees a report on the use of that authority during that fiscal 

9 year. Each such report shall include the following: 

10 ‘‘(1) The number and type of weapons purchased 

11 during that fiscal year under subsection (a), together 

12 with the amount spent for those weapons and the Sec13 retary’s estimate of the fair market value of those 

14 weapons. 

15 ‘‘(2) A description of the dispositions (if any) 

16 during that fiscal year of weapons purchased under 

17 subsection (a).’’. 

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of such chapter is amended by 

20 inserting after the item relating to section 127b the 

21 following new item: 

‘‘127c. Purchase of weapons overseas: force protection.’’. 

22 (b) EFFECTIVE DATE.—Section 127c of title 10, 

23 United States Code, as added by subsection (a), shall take 

24 effect on October 1, 2005. 
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1 SEC. 1222. REQUIREMENT FOR ESTABLISHMENT OF CER2 TAIN CRITERIA APPLICABLE TO ON-GOING 

3 GLOBAL POSTURE REVIEW. 

4 (a) CRITERIA.—As part of the on-going review of over5 seas basing plans being conducted within the Department 

6 of Defense that is referred to as the ‘‘Global Posture Re7 view’’, the Secretary of Defense shall develop criteria for as8 sessing, with respect to each type of facility specified in sub9 section (c), the following factors in deciding whether to seek 

10 agreement with a foreign country to establish or maintain 

11 such a facility in that country: 

12 (1) The effect on strategic mobility of units de13 ployed to overseas locations in areas in which United 

14 States Armed Forces have not traditionally been de15 ployed. 

16 (2) The cost of deploying units to areas referred 

17 to in paragraph (1) on a rotational basis (rather 

18 than on a permanent basing basis). 

19 (3) The strategic benefit of rotational deploy20 ments through countries with which the United States 

21 is developing a close or new security relationship. 

22 (4) The relative speed and complexity of con23 ducting negotiations with a particular country. 

24 (5) The appropriate and available funding mech25 anisms for changes to specific Main Operating Bases, 
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1 Forward Operating Bases, or Cooperative Security 

2 Locations. 

3 (6) The effect on military quality of life of estab4 lishing or maintaining any of such types of facilities. 

5 (7) Other criteria as Secretary of Defense deter6 mines appropriate. 

7 (b) ANALYSIS OF ALTERNATIVES TO BASING OR OPER8 ATING LOCATIONS.—The Secretary of Defense shall develop 

9 a mechanism for analyzing alternatives to any particular 

10 overseas basing or operating location. Such a mechanism 

11 shall incorporate the factors specified in paragraphs (1) 

12 through (4) of subsection (a). 

13 (c) MINIMAL INFRASTRUCTURE REQUIREMENTS FOR

14 OVERSEAS INSTALLATIONS.—The Secretary of Defense shall 

15 develop a template of minimal infrastructure requirements 

16 for each of the following types of facilities: 

17 (1) Facilities categorized as Main Operating 

18 Bases. 

19 (2) Facilities categorized as Forward Operating 

20 Bases. 

21 (3) Facilities categorized as Cooperative Security 

22 Locations. 

23 (d) CONSULTATION WITH SENIOR MILITARY OFFI24 CERS.—The Secretary of Defense shall carry out subsections 

25 (a), (b), and (c) in consultation with the Chairman of the 
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1 Joint Chiefs of Staff and the commanders of the regional 

2 combatant commands. 

3 (e) ANNUAL BUDGET ELEMENT.—The Secretary of De4 fense shall provide to Congress, as an element of the annual 

5 budget request of the Secretary, information regarding the 

6 funding sources for changes to individual Main Operating 

7 Bases, Forward Operating Bases, or Cooperative Security 

8 Locations. 

9 (f) REPORT.—Not later than March 30, 2006, the Sec10 retary of Defense shall submit to Congress a report on the 

11 matters specified in subsections (a) through (c). 

12 TITLE XIII—COOPERATIVE 

13 THREAT REDUCTION WITH 

14 STATES OF THE FORMER SO15 VIET UNION 

1301. Specification of Cooperative Threat Reduction programs and funds. 

1302. Funding allocations. 

1303. Authority to obligate weapons of mass destruction proliferation prevention 

funds for nuclear weapons storage security. 

1304. Extension of limited waiver of restrictions on use of funds for threat reduction in states of the former Soviet Union. 

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

nonproliferation programs in the Russian Federation. 

16 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE17 DUCTION PROGRAMS AND FUNDS. 

18 (a) SPECIFICATION OF CTR PROGRAMS.—For pur19 poses of section 301 and other provisions of this Act, Coop20 erative Threat Reduction programs are the programs speci21 fied in section 1501(b) of the National Defense Authoriza-
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1 tion Act for Fiscal Year 1997 (Public Law 104–201; 110 

2 Stat. 2731; 50 U.S.C. 2362 note). 

3 (b) FISCAL YEAR 2006 COOPERATIVE THREAT REDUC4 TION FUNDS DEFINED.—As used in this title, the term ‘‘fis5 cal year 2006 Cooperative Threat Reduction funds’’ means 

6 the funds appropriated pursuant to the authorization of ap7 propriations in section 301 for Cooperative Threat Reduc8 tion programs. 

9 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

10 pursuant to the authorization of appropriations in section 

11 301 for Cooperative Threat Reduction programs shall be 

12 available for obligation for three fiscal years. 

13 SEC. 1302. FUNDING ALLOCATIONS. 

14 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

15 $415,549,000 authorized to be appropriated to the Depart16 ment of Defense for fiscal year 2006 in section 301(19) for 

17 Cooperative Threat Reduction programs, the following 

18 amounts may be obligated for the purposes specified: 

19 (1) For strategic offensive arms elimination in 

20 Russia, $78,900,000. 

21 (2) For nuclear weapons storage security in Rus22 sia, $74,100,000. 

23 (3) For nuclear weapons transportation security 

24 in Russia, $30,000,000. 
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1 (4) For weapons of mass destruction prolifera2 tion prevention in the states of the former Soviet 

3 Union, $40,600,000. 

4 (5) For chemical weapons destruction in Russia, 

5 $108,500,000. 

6 (6) For biological weapons proliferation preven7 tion in the former Soviet Union, $60,849,000. 

8 (7) For defense and military contacts, 

9 $8,000,000. 

10 (8) For activities designated as Other Assess11 ments/Administrative Support, $14,600,000. 

12 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

13 FUNDS FOR OTHER PURPOSES.—No fiscal year 2006 Coop14 erative Threat Reduction funds may be obligated or ex15 pended for a purpose other than a purpose listed in para16 graphs (1) through (8) of subsection (a) until 30 days after 

17 the date that the Secretary of Defense submits to Congress 

18 a report on the purpose for which the funds will be obligated 

19 or expended and the amount of funds to be obligated or ex20 pended. Nothing in the preceding sentence shall be construed 

21 as authorizing the obligation or expenditure of fiscal year 

22 2006 Cooperative Threat Reduction funds for a purpose for 

23 which the obligation or expenditure of such funds is specifi24 cally prohibited under this title or any other provision of 

25 law. 
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1 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

2 AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any 

3 case in which the Secretary of Defense determines that it 

4 is necessary to do so in the national interest, the Secretary 

5 may obligate amounts appropriated for fiscal year 2006 for 

6 a purpose listed in any of the paragraphs in subsection (a) 

7 in excess of the specific amount authorized for that purpose. 

8 (2) An obligation of funds for a purpose stated in any 

9 of the paragraphs in subsection (a) in excess of the specific 

10 amount authorized for such purpose may be made using 

11 the authority provided in paragraph (1) only after— 

12 (A) the Secretary submits to Congress notifica13 tion of the intent to do so together with a complete 

14 discussion of the justification for doing so; and 

15 (B) 15 days have elapsed following the date of 

16 the notification. 

17 (3) The Secretary may not, under the authority pro18 vided in paragraph (1), obligate amounts for a purpose 

19 stated in any of paragraphs (5) through (8) of subsection 

20 (a) in excess of 125 percent of the specific amount author21 ized for such purpose. 
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1 SEC. 1303. AUTHORITY TO OBLIGATE WEAPONS OF MASS 

2 DESTRUCTION PROLIFERATION PREVENTION 

3 FUNDS FOR NUCLEAR WEAPONS STORAGE SE4 CURITY. 

5 (a) IN GENERAL.—Subject to subsection (b), in any 

6 case in which the Secretary of Defense determines that it 

7 is necessary to do so in the national interest, the Secretary 

8 may obligate amounts appropriated for fiscal year 2006 for 

9 the purpose listed in subsection (c)(4) of section 1302 for 

10 the purpose listed in subsection (c)(2) of that section. 

11 (b) LIMITATION.—The authority provided in sub12 section (a) may be used only after— 

13 (1) the Secretary submits to Congress notification of 

14 the intent to do so together with a complete discussion of 

15 the justification for doing so; and 

16 (2) 15 days have elapsed following the date of the noti17 fication. 

18 SEC. 1304. EXTENSION OF LIMITED WAIVER OF RESTRIC19 TIONS ON USE OF FUNDS FOR THREAT RE20 DUCTION IN STATES OF THE FORMER SOVIET 

21 UNION. 

22 Section 1306 of the Bob Stump National Defense Au23 thorization Act for Fiscal Year 2003 (22 U.S.C. 5952 note) 

24 is amended by adding at the end the following new sub25 section: 
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1 ‘‘(f) COVERAGE OF CALENDAR YEARS.—The authority 

2 under subsection (a) applies with respect to calendar years 

3 2005, 2006, and 2007 in the same manner as it applies 

4 to fiscal years. The authority under this subsection shall 

5 expire on December 31, 2007.’’. 

6 SEC. 1305. REPORT ON ELIMINATION OF IMPEDIMENTS TO 

7 NUCLEAR THREAT-REDUCTION AND NON8 PROLIFERATION PROGRAMS IN THE RUSSIAN 

9 FEDERATION. 

10 (a) FINDINGS.—Congress finds that— 

11 (1) despite the importance of programs and ac12 tivities to assist in securing nuclear weapons and 

13 fissile materials in the states of the former Soviet 

14 Union, the effective conduct of some programs and ac15 tivities in the Russian Federation is impeded by nu16 merous legal and administrative disagreements re17 garding a variety of issues, including issues relating 

18 to access to sites, liability, and taxation; and 

19 (2) it has been possible to resolve disagreements 

20 of that nature in other republics of the former Soviet 

21 Union through committed and high-level discussions 

22 between the United States and those republics. 

23 (b) REPORT.—Not later than November 1, 2006, the 

24 President shall submit to Congress a report on impediments 

25 in the states of the former Soviet Union to the effective con-
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1 duct of programs and activities of the United States relat2 ing to securing nuclear weapons and fissile materials in 

3 those states. The report shall— 

4 (1) identify the impediments to the rapid, effi5 cient, and effective conduct of programs and activities 

6 of the Department of Defense, the Department of 

7 State, and the Department of Energy to assist in se8 curing such materials in those states, including issues 

9 relating to access to sites, liability, and taxation; and 

10 (2) describe the plans of the United States to 

11 overcome or ameliorate such impediments, including 

12 an identification and discussion of new models and 

13 approaches that might be used to develop new rela14 tionships with entities in Russia capable of assisting 

15 in removing or ameliorating those impediments, and 

16 any congressional action that may be necessary for 

17 that purpose. 

18 TITLE XIV—CONTRACT DISPUTE 

19 ENHANCEMENT 

Subtitle A—General provisions 

1411. Definitions. 

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

1421. Establishment. 

1422. Membership. 

1423. Chairmen. 

1424. Rulemaking authority. 

1425. Authorization of appropriations. 
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Subtitle C—Functions of defense and civilian Boards of contract appeals 

1431. Contract disputes. 

1432. Enhanced access for small business. 

1433. Applicability to certain contracts. 

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

1441. Transfer and allocation of appropriations and personnel. 

1442. Terminations and savings provisions. 

1443. Contract disputes authority of Boards. 

1444. References to agency Boards of contract appeals. 

1445. Conforming amendments. 

Subtitle E—Effective Date; Regulations and Appointment of Chairmen 

1451. Effective date. 

1452. Regulations. 

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

1 Subtitle A—General Provisions 

2 SEC. 1411. DEFINITIONS. 

3 (a) IN GENERAL.—The Office of Federal Procurement 

4 Policy Act (41 U.S.C. 401 et seq.) is amended by adding 

5 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 estab13 lished pursuant to section 8(a)(1) of the Contract Dis14 putes Act of 1978 (41 U.S.C. 607). 

15 ‘‘(2) The term ‘Civilian Board’ means the Civil16 ian Board of Contract Appeals established pursuant 
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1 to section 8(b)(1) of the Contract Disputes Act of 1978 

2 (41 U.S.C. 607). 

3 ‘‘(3) The term ‘Board judge’ means a member of 

4 the Defense Board or the Civilian Board, as the case 

5 may be. 

6 ‘‘(4) The term ‘Chairman’ means the Chairman 

7 of the Defense Board or the Civilian Board, as the 

8 case may be. 

9 ‘‘(5) The term ‘Board concerned’ means— 

10 ‘‘(A) the Defense Board with respect to mat11 ters within its jurisdiction; and 

12 ‘‘(B) the Civilian Board with respect to 

13 matters within its jurisdiction. 

14 ‘‘(6) The term ‘executive agency’— 

15 ‘‘(A) with respect to contract disputes under 

16 the jurisdiction of the Defense Board, means the 

17 Department of Defense, the Department of the 

18 Army, the Department of the Navy, the Depart19 ment of the Air Force, or the National Aero20 nautics and Space Administration; and 

21 ‘‘(B) with respect to contract disputes under 

22 the jurisdiction of the Civilian Board, has the 

23 meaning given by section 4(1) of this Act except 

24 that the term does not include the Department of 

25 Defense, the Department of the Army, the De-
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1 partment of the Navy, the Department of the Air 

2 Force, the National Aeronautics and Space Ad3 ministration, and the Tennessee Valley Author4 ity.’’. 

5 (b) CONFORMING AMENDMENTS.—The Office of Fed6 eral Procurement Policy Act (41 U.S.C. 401 et seq.) is fur7 ther amended— 

8 (1) by inserting the following before section 1: 

9 ‘‘TITLE I—FEDERAL PROCURE10 MENT POLICY GENERALLY’’

; 

11 and 

12 (2) in section 4, by striking out ‘‘As used in this 

13 Act:’’ and inserting in lieu thereof ‘‘Except as other14 wise specifically provided, as used in this Act:’’. 

15 Subtitle B—Establishment of Civil16 ian and Defense Boards of Con17 tract Appeals 

18 SEC. 1421. ESTABLISHMENT. 

19 (a) DEFENSE BOARD.—Subsection (a)(1) of section 8 

20 of the Contract Disputes Act of 1978 (41 U.S.C. 607) is 

21 amended to read as follows: 

22 ‘‘(a)(1) There is established in the Department of De23 fense a board of contract appeals to be known as the Depart24 ment of Defense Board of Contract Appeals.’’. 
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1 (b) CIVILIAN BOARD.—Subsection (b)(1) of section 8 

2 of the Contract Disputes Act of 1978 (41 U.S.C. 607) is 

3 amended to read as follows: 

4 ‘‘(b)(1) There is established in the General Services Ad5 ministration a board of contract appeals to be known as 

6 the Civilian Board of Contract Appeals.’’. 

7 SEC. 1422. MEMBERSHIP. 

8 The Office of Federal Procurement Policy Act (41 

9 U.S.C. 401 et seq.), as amended by section 1411, is further 

10 amended by adding at the end the following: 

11 ‘‘SEC. 202. MEMBERSHIP. 

12 ‘‘(a) APPOINTMENT.—(1)(A) The Defense Board shall 

13 consist of judges appointed by the Secretary of Defense from 

14 a register of applicants maintained by the Defense Board, 

15 in accordance with rules issued by the Defense Board for 

16 establishing and maintaining a register of eligible appli17 cants and selecting Defense Board judges. The Secretary 

18 shall appoint a judge without regard to political affiliation 

19 and solely on the basis of the professional qualifications re20 quired to perform the duties and responsibilities of a De21 fense Board judge. 

22 ‘‘(B) The Civilian Board shall consist of judges ap23 pointed by the Administrator for Federal Procurement Pol24 icy from a register of applicants maintained by the Admin25 istrator, in accordance with rules issued by the Adminis-
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1 trator for establishing and maintaining a register of eligible 

2 applicants and selecting Civilian Board judges. The Ad3 ministrator shall appoint a judge without regard to polit4 ical affiliation and solely on the basis of the professional 

5 qualifications required to perform the duties and respon6 sibilities of a Civilian Board judge. 

7 ‘‘(2) The members of the Defense Board and the Civil8 ian Board shall be selected and appointed to serve in the 

9 same manner as administrative law judges appointed pur10 suant to section 3105 of title 5, United States Code, with 

11 an additional requirement that such members shall have 

12 had not fewer than five years of experience in public con13 tract law. 

14 ‘‘(3) Notwithstanding paragraph (2) and subject to 

15 subsection (b), the following persons shall serve as Board 

16 judges: 

17 ‘‘(A) For the Defense Board, any full-time mem18 ber of the Armed Services Board of Contract Appeals 

19 serving as such on the day before the effective date of 

20 this title. 

21 ‘‘(B) For the Civilian Board, any full-time mem22 ber of any agency board of contract appeals other 

23 than the Armed Services Board of Contract Appeals, 

24 the Postal Service Board of Contract Appeals, and the 

25 board of contract appeals of the Tennessee Valley Au-
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1 thority serving as such on the day before the effective 

2 date of this title. 

3 ‘‘(b) REMOVAL.—Members of the Defense Board and 

4 the Civilian Board shall be subject to removal in the same 

5 manner as administrative law judges, as provided in sec6 tion 7521 of title 5, United States Code. 

7 ‘‘(c) COMPENSATION.—Compensation for the Chair8 man of the Defense Board and the Chairman of the Civilian 

9 Board and all other members of each Board shall be deter10 mined under section 5372a of title 5, United States Code.’’. 

11 SEC. 1423. CHAIRMEN. 

12 The Office of Federal Procurement Policy Act (41 

13 U.S.C. 401 et seq.), as amended by section 1422, is further 

14 amended by adding at the end the following: 

15 ‘‘SEC. 203. CHAIRMEN. 

16 ‘‘(a) DESIGNATION.—(1)(A) The Chairman of the De17 fense Board shall be designated by the Secretary of Defense 

18 to serve for a term of five years. The Secretary shall select 

19 the Chairman from among sitting judges each of whom has 

20 had at least five years of service as a member of the Armed 

21 Services Board of Contract Appeals. 

22 ‘‘(B) The Chairman of the Civilian Board shall be des23 ignated by the Administrator for Federal Procurement Pol24 icy to serve for a term of five years. The Administrator shall 

25 select the Chairman from among sitting judges each of 
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1 whom has had at least five years of service as a member 

2 of an agency board of contract appeals other than the 

3 Armed Services Board of Contract Appeals. 

4 ‘‘(2) A Chairman of a Board may continue to serve 

5 after the expiration of the Chairman’s term until a suc6 cessor has taken office. A Chairman may be reappointed 

7 any number of times. 

8 ‘‘(b) RESPONSIBILITIES.—The Chairman of the De9 fense Board or the Civilian Board, as the case may be, shall 

10 be responsible on behalf of the Board for the executive and 

11 administrative operation of the Board, including functions 

12 of the Board with respect to the following: 

13 ‘‘(1) The selection, appointment, and fixing of 

14 the compensation of such personnel, pursuant to part 

15 III of title 5, United States Code, as the Chairman 

16 considers necessary or appropriate, including a Clerk 

17 of the Board, a General Counsel, and clerical and 

18 legal assistance for Board judges. 

19 ‘‘(2) The supervision of personnel employed by or 

20 assigned to the Board, and the distribution of work 

21 among such personnel. 

22 ‘‘(3) The operation of an Office of the Clerk of 

23 the Board, including the receipt of all filings made 

24 with the Board, the assignment of cases, and the 

25 maintenance of all records of the Board. 
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1 ‘‘(4) The prescription of such rules and regula2 tions as the Chairman considers necessary or appro3 priate for the administration and management of the 

4 Board. 

5 ‘‘(c) VICE CHAIRMEN.—The Chairman of the Defense 

6 Board or the Civilian Board, as the case may be, may des7 ignate up to two other Board judges as Vice Chairmen. The 

8 Vice Chairmen, in the order designated by the Chairman, 

9 shall act in the place and stead of the Chairman during 

10 the absence of the Chairman.’’. 

11 SEC. 1424. RULEMAKING AUTHORITY. 

12 The Office of Federal Procurement Policy Act (41 

13 U.S.C. 401 et seq.), as amended by section 1423, is further 

14 amended by adding at the end the following: 

15 ‘‘SEC. 204. RULEMAKING AUTHORITY. 

16 ‘‘Except as provided by section 1452 of the National 

17 Defense Authorization Act for Fiscal Year 2006, the Chair18 man of the Defense Board and the Chairman of the Civilian 

19 Board, in consultation with the Administrator for Federal 

20 Procurement Policy, shall jointly issue and maintain— 

21 ‘‘(1) such procedural rules and regulations as are 

22 necessary to the exercise of the functions of the Boards 

23 under section 211; and 

24 ‘‘(2) statements of policy of general applicability 

25 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 further 

4 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 further 

18 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 provided 

24 by section 8(a)(1) of the Contract Disputes Act of 1978 (41 

25 U.S.C. 607(a)). The Civilian Board shall have jurisdiction 
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1 as provided by section 8(b)(1) of such Act (41 U.S.C. 

2 607(b)).’’. 

3 SEC. 1432. ENHANCED ACCESS FOR SMALL BUSINESS. 

4 Section 9(a) of the Contract Disputes Act of 1978 (41 

5 U.S.C. 608) is amended by striking out the period at the 

6 end of the first sentence and inserting the following: ‘‘or, 

7 in the case of a small business concern (as defined in the 

8 Small Business Act and regulations under that Act), 

9 $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 further 

13 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 and 

18 the Civilian Board by this title is applicable to contracts 

19 in amounts not greater than the simplified acquisition 

20 threshold. 

21 ‘‘(b) CONTRACTS FOR COMMERCIAL ITEMS.—Notwith22 standing section 34 of this Act, the authority conferred on 

23 the Defense Board and the Civilian Board by this title is 

24 applicable to contracts for the procurement of commercial 

25 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, records, 

10 and unexpended balance of appropriations, authoriza11 tions, allocations, and other funds employed, held, 

12 used, arising from, available to, or to be made avail13 able in connection with the functions vested by law in 

14 the Armed Services Board of Contract Appeals estab15 lished pursuant to section 8 of the Contract Disputes 

16 Act of 1978 (41 U.S.C. 607) (as in effect on the day 

17 before the effective date described in section 1451), 

18 shall be transferred to the Department of Defense 

19 Board of Contract Appeals for appropriate allocation 

20 by the Chairman of that Board. 

21 (2) OTHER BOARDS OF CONTRACTS APPEALS.— 

22 The personnel employed in connection with, and the 

23 assets, liabilities, contracts, property, records, and un24 expended balance of appropriations, authorizations, 

25 allocations, and other funds employed, held, used, 
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1 arising from, available to, or to be made available in 

2 connection with the functions vested by law in the 

3 boards of contract appeals established pursuant to sec4 tion 8 of the Contract Disputes Act of 1978 (41 

5 U.S.C. 607) (as in effect on the day before the effective 

6 date described in section 1451) other than the Armed 

7 Services Board of Contract Appeals, the board of con8 tract appeals of the Tennessee Valley Authority, and 

9 the Postal Service Board of Contract Appeals shall be 

10 transferred to the Civilian Board of Contract Appeals 

11 for appropriate allocation by the Chairman of that 

12 Board. 

13 (b) EFFECT ON PERSONNEL.—Personnel transferred 

14 pursuant to this subtitle shall not be separated or reduced 

15 in compensation for one year after such transfer, except for 

16 cause. 

17 (c) REGULATIONS.—(1) The Department of Defense 

18 Board of Contract Appeals and the Civilian Board of Con19 tract Appeals shall each prescribe regulations for the release 

20 of competing employees in a reduction in force that gives 

21 due effect to— 

22 (A) efficiency or performance ratings; 

23 (B) military preference; and 

24 (C) tenure of employment. 
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1 (2) In prescribing the regulations, the Board concerned 

2 shall provide for military preference in the same manner 

3 as set forth in subchapter I of chapter 35 of title 5, United 

4 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 section 

8 1451, the boards of contract appeals established pursuant 

9 to section 8 of the Contract Disputes Act of 1978 (41 U.S.C. 

10 607) (as in effect on the day before such effective date), other 

11 than the board of contract appeals of the Tennessee Valley 

12 Authority and the Postal Service Board of Contract Ap13 peals, 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 pro17 ceedings pending on the effective date described in section 

18 1451 before any board of contract appeals terminated by 

19 subsection (a). 

20 (2) In the case of any such proceedings pending before 

21 the Armed Services Board of Contract Appeals, the pro22 ceedings shall be continued by the Department of Defense 

23 Board of Contract Appeals, and orders which were issued 

24 in any such proceeding by the Armed Services Board of 

25 Contract Appeals shall continue in effect until modified, 
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1 terminated, superseded, or revoked by the Department of 

2 Defense Board of Contract Appeals, by a court of competent 

3 jurisdiction, or by operation of law. 

4 (3) In the case of any such proceedings pending before 

5 an agency board of contract appeals other than the Armed 

6 Services Board of Contract Appeals or the board of contract 

7 appeals of the Tennessee Valley Authority, the proceedings 

8 shall be continued by the Civilian Board of Contract Ap9 peals, and orders which were issued in any such proceeding 

10 by the agency board shall continue in effect until modified, 

11 terminated, superseded, or revoked by the Civilian Board 

12 of Contract Appeals, by a court of competent jurisdiction, 

13 or by operation of law. 

14 SEC. 1443. CONTRACT DISPUTES AUTHORITY OF BOARDS. 

15 (a) Section 2 of the Contract Disputes Act of 1978 (41 

16 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 of 

25 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 Appeals 

5 established under section 8(b)(1) of this Act; 

6 ‘‘(3) the board of contract appeals of the 

7 Tennessee Valley Authority; or 

8 ‘‘(4) the Postal Service Board of Contract 

9 Appeals established under section 8(h) of this 

10 Act;’’; and 

11 (4) by inserting after paragraph (6) the fol12 lowing new paragraphs: 

13 ‘‘(7) the term ‘Defense Board’ means the Depart14 ment of Defense Board of Contract Appeals estab15 lished under section 8(a)(1) of this Act; 

16 ‘‘(8) the term ‘Civilian Board’ means the Civil17 ian Board of Contract Appeals established under sec18 tion 8(b)(1) of this Act; and’’. 

19 (b) Section 8 of the Contract Disputes Act of 1978 (41 

20 U.S.C. 607), as amended by section 1421, is further amend21 ed— 

22 (1) by striking out subsection (c); 

23 (2) in subsection (d)— 

24 (A) by striking out the first sentence and 

25 inserting in lieu thereof the following: ‘‘The De-
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1 fense Board shall have jurisdiction to decide any 

2 appeal from a decision of a contracting officer of 

3 the Department of Defense, the Department of 

4 the Army, the Department of the Navy, the De5 partment of the Air Force, or the National Aero6 nautics and Space Administration relative to a 

7 contract made by that department or agency. 

8 The Civilian Board shall have jurisdiction to de9 cide any appeal from a decision of a contracting 

10 officer of any executive agency (other than the 

11 Department of Defense, the Department of the 

12 Army, the Department of the Navy, the Depart13 ment of the Air Force, the National Aeronautics 

14 and Space Administration, the United States 

15 Postal Service, the Postal Rate Commission, or 

16 the Tennessee Valley Authority) relative to a con17 tract made by that agency. Each other agency 

18 board shall have jurisdiction to decide any ap19 peal from a decision of a contracting officer rel20 ative to a contract made by its agency.’’; and 

21 (B) in the second sentence, by striking out 

22 ‘‘Claims Court’’ and inserting in lieu thereof 

23 ‘‘Court of Federal Claims’’; 

24 (3) by striking out subsection (h) and inserting 

25 in lieu thereof the following: 
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1 ‘‘(h) There is established an agency board of contract 

2 appeals to be known as the ‘Postal Service Board of Con3 tract Appeals’. Such board shall have jurisdiction to decide 

4 any appeal from a decision of a contracting officer of the 

5 United States Postal Service or the Postal Rate Commission 

6 relative to a contract made by either agency. Such board 

7 shall consist of judges appointed by the Postmaster General 

8 who shall meet the qualifications of and serve in the same 

9 manner as judges of the Civilian Board of Contract Ap10 peals. This Act and title II of the Office of Federal Procure11 ment Policy Act shall apply to contract disputes before the 

12 Postal Service Board of Contract Appeals in the same man13 ner as they apply to contract disputes before the Civilian 

14 Board.’’; and 

15 (4) by striking out subsection (i). 

16 SEC. 1444. REFERENCES TO AGENCY BOARDS OF CONTRACT 

17 APPEALS. 

18 (a) DEFENSE BOARD.—Any reference to the Armed 

19 Services Board of Contract Appeals in any provision of law 

20 or in any rule, regulation, or other paper of the United 

21 States shall be treated as referring to the Department of 

22 Defense Board of Contract Appeals. 

23 (b) CIVILIAN BOARD.—Any reference to an agency 

24 board of contract appeals other than the Armed Services 

25 Board of Contract Appeals, the board of contract appeals 
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1 of the Tennessee Valley Authority, or the Postal Service 

2 Board of Contract Appeals in any provision of law or in 

3 any rule, regulation, or other paper of the United States 

4 shall be treated as referring to the Civilian Board of Con5 tract Appeals. 

6 SEC. 1445. CONFORMING AMENDMENTS. 

7 (a) TITLE 5.—Section 5372a(a)(1) of title 5, United 

8 States Code, is amended by inserting after ‘‘of 1978’’ the 

9 following: ‘‘or a member of the Department of Defense 

10 Board of Contract Appeals or the Civilian Board of Con11 tract Appeals appointed under section 202 of the Office of 

12 Federal Procurement Policy Act’’. 

13 (b) OFFICE OF FEDERAL PROCUREMENT POLICY

14 ACT.— 

15 (1) The table of contents for the Office of Federal 

16 Procurement Policy Act (contained in section 1(b)) is 

17 amended by inserting the following before the item re18 lating to section 1: 

‘‘TITLE I—FEDERAL PROCUREMENT POLICY GENERALLY’’. 

19 (2) The table of contents for the Office of Federal 

20 Procurement Policy Act (contained in section 1(b)) is 

21 amended by adding at the end the following: 

‘‘TITLE II—DISPUTE RESOLUTION 

‘‘Subtitle A—General provisions 

‘‘201. Definitions. 

‘‘202. Membership. 
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‘‘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.’’. 

1 Subtitle E—Effective Date; Regula2 tions and Appointment of Chair3 men 

4 SEC. 1451. EFFECTIVE DATE. 

5 Title II of the Office of Federal Procurement Policy 

6 Act, as added by this title, and the amendments and repeals 

7 made by this title shall take effect 1 year after the date of 

8 the enactment of this Act. 

9 SEC. 1452. REGULATIONS. 

10 (a) REGULATIONS REGARDING CLAIMS.—Not later 

11 than 1 year after the date of the enactment of this Act, the 

12 Chairman of the Armed Services Board of Contract Appeals 

13 and the Chairman of the General Services Board of Con14 tract Appeals, in consultation with the Administrator for 

15 Federal Procurement Policy, shall jointly issue— 

16 (1) such procedural rules and regulations as are 

17 necessary to the exercise of the functions of the De18 partment of Defense Board of Contract Appeals and 

19 the Civilian Board of Contract Appeals under sec20 tions 211 of the Office of Federal Procurement Policy 

21 Act (as added by this title); and 
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1 (2) statements of policy of general applicability 

2 with respect to such functions. 

3 (b) REGULATIONS REGARDING APPOINTMENT OF

4 JUDGES.—Not later than 1 year after the date of the enact5 ment of this Act— 

6 (1) the Chairman of the Armed Services Board 

7 of Contract Appeals shall issue rules governing the es8 tablishment and maintenance of a register of eligible 

9 applicants and the selection of judges for the Depart10 ment of Defense Board of Contract Appeals; and 

11 (2) the Administrator for Federal Procurement 

12 Policy shall issue rules governing the establishment 

13 and maintenance of a register of eligible applicants 

14 and the selection of judges for the Civilian Board of 

15 Contract Appeals. 

16 SEC. 1453. APPOINTMENT OF CHAIRMEN OF DEFENSE 

17 BOARD AND CIVILIAN BOARD. 

18 Notwithstanding section 1451, not later than 1 year 

19 after the date of the enactment of this Act— 

20 (1) the Secretary of Defense shall appoint the 

21 Chairman of the Department of Defense Board of 

22 Contract Appeals; and 

23 (2) the Administrator for Federal Procurement 

24 Policy shall appoint the Chairman of the Civilian 

25 Board of Contract Appeals. 
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1 TITLE XV—AUTHORIZATION FOR 

2 INCREASED COSTS DUE TO 

3 OPERATION IRAQI FREEDOM 

4 AND OPERATION ENDURING 

5 FREEDOM 

Subtitle A—General Increases 

1501. Purpose. 

1502. Army procurement. 

1503. Navy and Marine Corps procurement. 

1504. Defense-wide activities procurement. 

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

1506. Operation and maintenance. 

1507. Defense working capital funds. 

1508. Defense Health Program. 

1509. Military personnel. 

1510. Iraq Freedom Fund. 

1511. Classified programs. 

1512. Treatment as additional authorizations. 

1513. Transfer authority. 

1514. Availability of funds. 

Subtitle B—Personnel Provisions 

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

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

end strengths for fiscal years 2007 through 2009. 

1523. Military death gratuity enhancement. 

1524. Permanent prohibition against requiring certain injured members to pay 

for meals provided by military treatment facilities. 

1525. Permanent authority to provide travel and transportation allowances for 

dependents to visit hospitalized members injured in combat operation or combat zone. 

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. 

1527. Availability of special pay for members during rehabilitation from combatrelated injuries. 

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 

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

States military operations. 
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1 Subtitle A—General Increases 

2 SEC. 1501. PURPOSE. 

3 The purpose of this title is to authorize emergency ap4 propriations for the Department of Defense for fiscal year 

5 2006 to provide funds for additional costs due to Operation 

6 Iraqi Freedom and Operation Enduring Freedom. Funds 

7 authorized for appropriation in this title are available 

8 upon the enactment of this Act. 

9 SEC. 1502. ARMY PROCUREMENT. 

10 Funds are hereby authorized to be appropriated for fis11 cal year 2006 for procurement accounts of the Army in 

12 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. 

17 SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT. 

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

20 the Navy in amounts as follows: 

21 (1) For weapons procurement, $36,800,000. 

22 (2) For other procurement, $15,300,000. 

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

24 be appropriated for fiscal year 2006 for procurement for 

25 the Marine Corps in the amount of $445,400,000. 
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1 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds 

2 are hereby authorized to be appropriated for fiscal year 

3 2006 for procurement of ammunition for the Navy and the 

4 Marine Corps in the amount of $144,721,000. 

5 SEC. 1504. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

6 Funds are hereby authorized to be appropriated for fis7 cal year 2006 for the procurement account for Defense-wide 

8 procurement in the amount of $103,900,000. 

9 SEC. 1505. RESEARCH, DEVELOPMENT, TEST, AND EVALUA10 TION, DEFENSE-WIDE ACTIVITIES. 

11 Funds are hereby authorized to be appropriated for fis12 cal year 2006 for the Department of Defense for research, 

13 development, test and evaluation, Defense-wide, in the 

14 amount of $75,000,000. 

15 SEC. 1506. OPERATION AND MAINTENANCE. 

16 Funds are hereby authorized to be appropriated for fis17 cal year 2006 for the use of the Armed Forces for expenses, 

18 not otherwise provided for, for operation and maintenance, 

19 in amounts as follows: 

20 (1) For the Army, $20,305,001,000. 

21 (2) For the Navy, $1,838,000,000. 

22 (3) For the Marine Corps, $1,791,800,000. 

23 (4) For the Air Force, $3,195,352,000. 

24 (5) For Defense-wide, $2,870,333,000. 

25 (6) For the Army National Guard, $159,500,000. 
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1 (7) For the Army Reserve, $26,400,000. 

2 SEC. 1507. DEFENSE WORKING CAPITAL FUNDS. 

3 Funds are hereby authorized to be appropriated for fis4 cal year 2006 for the Defense Working Capital Fund in the 

5 amount of $1,700,000,000. 

6 SEC. 1508. DEFENSE HEALTH PROGRAM. 

7 Funds are hereby authorized to be appropriated for the 

8 Department of Defense for fiscal year 2006 for expenses, not 

9 otherwise provided for, for the Defense Health Program in 

10 the amount of $846,000,000, for Operation and Mainte11 nance. 

12 SEC. 1509. MILITARY PERSONNEL. 

13 There is hereby authorized to be appropriated to the 

14 Department of Defense for military personnel accounts for 

15 fiscal year 2006 a total of $9,390,010,000. 

16 SEC. 1510. IRAQ FREEDOM FUND. 

17 (a) IN GENERAL.—Funds are herby authorized to be 

18 appropriated for fiscal year 2006 for the account of the Iraq 

19 Freedom Fund in amount of $1,000,000,000, to remain 

20 available for transfer to other accounts in this title until 

21 April 30, 2006. Amounts of authorization so transferred 

22 shall be merged with, and be made available for, the same 

23 purposes as the authorization to which transferred. 

24 (b) NOTICE TO CONGRESS.—A transfer may be made 

25 from the Iraq Freedom Fund only after the Secretary of 
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1 Defense notifies the congressional defense subcommittees 

2 with respect to the proposed transfer in writing not less 

3 than five days before the transfer is made. 

4 SEC. 1511. CLASSIFIED PROGRAMS. 

5 There is hereby authorized to be appropriated for fiscal 

6 year 2006 for classified programs the amount of 

7 $2,500,000,000. 

8 SEC. 1512. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

9 The amounts authorized to be appropriated by this 

10 title are in addition to amounts otherwise authorized to be 

11 appropriated by this Act. 

12 SEC. 1513. TRANSFER AUTHORITY. 

13 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

14 (1) AUTHORITY.—Upon determination by the 

15 Secretary of Defense that such action is necessary in 

16 the national interest, the Secretary may transfer 

17 amounts of authorizations made available to the De18 partment of Defense in this title for fiscal year 2006 

19 between any such authorizations for that fiscal year 

20 (or any subdivisions thereof). Amounts of authoriza21 tions so transferred shall be merged with and be 

22 available for the same purposes as the authorization 

23 to which transferred. 

24 (2) LIMITATION.—The total amount of author25 izations that the Secretary may transfer under the 
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1 authority of this section may not exceed 

2 $3,000,000,000. The transfer authority provided in 

3 this section is in addition to any other transfer au4 thority available to the Secretary of Defense. 

5 (b) LIMITATIONS.—The authority provided by this sec6 tion to transfer authorizations— 

7 (1) may only be used to provide authority for 

8 items that have a higher priority than the items from 

9 which authority is transferred; 

10 (2) may not be used to provide authority for an 

11 item that has been denied authorization by Congress; 

12 and 

13 (3) may not be combined with the authority 

14 under section 1001. 

15 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans16 fer made from one account to another under the authority 

17 of this section shall be deemed to increase the amount au18 thorized for the account to which the amount is transferred 

19 by an amount equal to the amount transferred. 

20 (d) NOTICE TO CONGRESS.—A transfer may be made 

21 under the authority of this section only after the Secretary 

22 of Defense— 

23 (1) consults with the chairmen and ranking 

24 members of the congressional defense committees with 

25 respect to the proposed transfer; and 
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1 (2) after such consultation, notifies those com2 mittees in writing of the proposed transfer not less 

3 than five days before the transfer is made. 

4 SEC. 1514. AVAILABILITY OF FUNDS. 

5 Funds in this title shall be made available for obliga6 tion to the Army, Navy, Marine Corps, Air Force, and De7 fense-wide components by the end of the second quarter of 

8 fiscal year 2006. 

9 Subtitle B—Personnel Provisions 

10 SEC. 1521. INCREASE IN ACTIVE ARMY AND MARINE CORPS 

11 STRENGTH LEVELS. 

12 (a) AUTHORIZED END STRENGTHS.—The end strength 

13 level authorized for fiscal year 2006 under section 401— 

14 (1) for the Army is hereby increased by 30,000; 

15 and 

16 (2) for the Marine Corps is hereby increased by 

17 4,000. 

18 (b) STATUTORY MINIMUM ACTIVE STRENGTH LEV19 ELS.— 

20 (1) ARMY.—The minimum strength for the Army 

21 under section 691(b) of title 10, United States Code 

22 (notwithstanding the number specified in paragraph 

23 (1) of that section) for the period beginning on Octo24 ber 1, 2005, and ending on September 30, 2006, shall 
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1 be the number specified in section 401(1) of this Act, 

2 increased by 30,000. 

3 (2) MARINE CORPS.—The minimum strength for 

4 the Marine Corps under section 691(b) of title 10, 

5 United States Code (notwithstanding the number 

6 specified in paragraph (3) of that section) for the pe7 riod beginning on October 1, 2005, and ending on 

8 September 30, 2006, shall be the number specified in 

9 section 401(3) of this Act, increased by 4,000. 

10 (c) LIMITATION.—The authorized strengths for the 

11 Army and Marine Corps provided in subsection (a) for ac12 tive duty personnel for fiscal year 2006 are subject to the 

13 condition that costs of active-duty personnel of the Army 

14 and the Marine Corps for that fiscal year in excess of 

15 482,400 and 175,000, respectively, shall be paid out of 

16 funds appropriated for that fiscal year for a contingent 

17 emergency reserve fund or as an emergency supplemental 

18 appropriation. 

19 SEC. 1522. ADDITIONAL AUTHORITY FOR INCREASES OF 

20 ARMY AND MARINE CORPS ACTIVE DUTY END 

21 STRENGTHS FOR FISCAL YEARS 2007 

22 THROUGH 2009. 

23 Effective October 1, 2006, the text of section 403 of the 

24 Ronald W. Reagan National Defense Authorization Act for 
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1 Fiscal Year 2005 (Public Law 108–375; 118 Stat. 1863) 

2 is amended to read as follows: 

3 ‘‘(a) AUTHORITY.— 

4 ‘‘(1) ARMY.—For each of fiscal years 2007, 2008, 

5 and 2009, the Secretary of Defense may, as the Sec6 retary determines necessary for the purposes specified 

7 in paragraph (3), establish the active-duty end 

8 strength for the Army at a number greater than the 

9 number otherwise authorized by law up to the number 

10 equal to the fiscal-year 2006 baseline plus 20,000. 

11 ‘‘(2) MARINE CORPS.—For each of fiscal years 

12 2007, 2008, and 2009, the Secretary of Defense may, 

13 as the Secretary determines necessary for the purposes 

14 specified in paragraph (3), establish the active-duty 

15 end strength for the Marine Corps at a number great16 er than the number otherwise authorized by law up 

17 to the number equal to the fiscal-year 2006 baseline 

18 plus 5,000. 

19 ‘‘(3) PURPOSE OF INCREASES.—The purposes for 

20 which increases may be made in Army and Marine 

21 Corps active duty end strengths under paragraphs (1) 

22 and (2) are— 

23 ‘‘(A) to support operational missions; and 

24 ‘‘(B) to achieve transformational reorga25 nization objectives, including objectives for in-
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1 creased numbers of combat brigades and battal2 ions, increased unit manning, force stabilization 

3 and shaping, and rebalancing of the active and 

4 reserve component forces. 

5 ‘‘(4) FISCAL-YEAR 2006 BASELINE.—In this sub6 section, the term ‘fiscal-year 2006 baseline’, with re7 spect to the Army and Marine Corps, means the ac8 tive-duty end strength authorized for those services in 

9 section 1521 of the National Defense Authorization 

10 Act for Fiscal Year 2006. 

11 ‘‘(5) ACTIVE-DUTY END STRENGTH.—In this sub12 section, the term ‘active-duty end strength’ means the 

13 strength for active-duty personnel of one the Armed 

14 Forces as of the last day of a fiscal year. 

15 ‘‘(b) RELATIONSHIP TO PRESIDENTIAL WAIVER AU16 THORITY.—Nothing in this section shall be construed to 

17 limit the President’s authority under section 123a of title 

18 10, United States Code, to waive any statutory end strength 

19 in a time of war or national emergency. 

20 ‘‘(c) RELATIONSHIP TO OTHER VARIANCE AUTHOR21 ITY.—The authority under subsection (a) is in addition to 

22 the authority to vary authorized end strengths that is pro23 vided in subsections (e) and (f) of section 115 of title 10, 

24 United States Code. 

25 ‘‘(d) BUDGET TREATMENT.— 
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1 ‘‘(1) FISCAL YEAR 2007 BUDGET.—The budget for 

2 the Department of Defense for fiscal year 2007 as sub3 mitted to Congress shall comply, with respect to fund4 ing, with subsections (c) and (d) of section 691 of title 

5 10, United States Code. 

6 ‘‘(2) OTHER INCREASES.—If the Secretary of De7 fense plans to increase the Army or Marine Corps ac8 tive duty end strength for a fiscal year under sub9 section (a), then the budget for the Department of De10 fense for that fiscal year as submitted to Congress 

11 shall include the amounts necessary for funding that 

12 active duty end strength in excess of the fiscal year 

13 2006 active duty end strength authorized for that 

14 service under section 401 of the National Defense Au15 thorization Act for Fiscal Year 2006.’’. 

16 SEC. 1523. MILITARY DEATH GRATUITY ENHANCEMENT. 

17 (a) INCREASE IN AMOUNT.—Section 1478 of title 10, 

18 United States Code, is amended— 

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

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

21 (2) by designating the second sentence of sub22 section (a) as subsection (b) and by striking therein 

23 ‘‘this purpose’’ and inserting ‘‘the purpose of sub24 section (a)’’; 
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1 (3) in subsection (a), by striking ‘‘title shall be 

2 $12,000 (as adjusted under subsection (c)).’’ and in3 serting the following: ‘‘title— 

4 ‘‘(1) except as provided in paragraph (2), shall 

5 be $12,000 (as adjusted under subsection (e)); and 

6 ‘‘(2) in the case of a death described in sub7 section (d), shall be $100,000.’’; 

8 (4) by inserting after subsection (c), as redesig9 nated by paragraph (1), the following new subsection: 

10 ‘‘(d) A death referred to in subsection (a)(2) is a death 

11 resulting from wounds, injuries, or illnesses that are— 

12 ‘‘(1) incurred as described in section 1413a(e)(2) 

13 of this title; or 

14 ‘‘(2) incurred in an operation designated by the 

15 Secretary of Defense as a combat operation or in an 

16 area designated by the Secretary as a combat zone.’’; 

17 and 

18 (5) in subsection (e), as redesignated by para19 graph (1), by striking ‘‘subsection (a)’’ and inserting 

20 ‘‘subsection (a)(1)’’. 

21 (b) EFFECTIVE DATE.—The amendments made by sub22 section (a) shall take effect on October 1, 2005, immediately 

23 after the provisions of the second sentence of section 

24 1013(e)(2) of division A of the Emergency Supplemental 
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1 Appropriations Act for Defense, the Global War on Terror, 

2 and Tsunami Relief, 2005 (Public Law 109–13). 

3 SEC. 1524. PERMANENT PROHIBITION AGAINST REQUIRING 

4 CERTAIN INJURED MEMBERS TO PAY FOR 

5 MEALS PROVIDED BY MILITARY TREATMENT 

6 FACILITIES. 

7 (a) PROHIBITION.—Section 402 of title 37, United 

8 States Code, is amended— 

9 (1) by redesignating subsection (h) as subsection 

10 (i); and 

11 (2) by inserting after subsection (g) the following 

12 new subsection: 

13 ‘‘(h) NO PAYMENT FOR MEALS RECEIVED AT MILI14 TARY TREATMENT FACILITIES.—(1) A member of the armed 

15 forces who is undergoing medical recuperation or therapy, 

16 or is otherwise in the status of continuous care, including 

17 outpatient care, at a military treatment facility for an in18 jury, illness, or disease described in paragraph (2) shall not 

19 be required to pay, during any month in which the member 

20 is entitled to a basic allowance for subsistence under this 

21 section, any charge for meals provided to the member by 

22 the military treatment facility. 

23 ‘‘(2) Paragraph (1) applies with respect to an injury, 

24 illness, or disease incurred or aggravated by a member 

25 while the member was serving on active duty— 
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1 ‘‘(A) in support of Operation Iraqi Freedom or 

2 Operation Enduring Freedom; or 

3 ‘‘(B) in any other operation designated by the 

4 Secretary of Defense as a combat operation or in an 

5 area designated by the Secretary as a combat zone.’’. 

6 (b) REPEAL OF TEMPORARY AUTHORITY.—Section 

7 1023 of division A of the Emergency Supplemental Appro8 priations Act for Defense, the Global War on Terror, and 

9 Tsunami Relief, 2005 (Public Law 109–13), is repealed. 

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

11 section shall take effect on the earlier of the following: 

12 (1) The date of the enactment of this Act. 

13 (2) September 30, 2005. 

14 SEC. 1525. PERMANENT AUTHORITY TO PROVIDE TRAVEL 

15 AND TRANSPORTATION ALLOWANCES FOR 

16 DEPENDENTS TO VISIT HOSPITALIZED MEM17 BERS INJURED IN COMBAT OPERATION OR 

18 COMBAT ZONE. 

19 (a) AUTHORITY TO CONTINUE ALLOWANCE.—Effective 

20 as of September 30, 2005, section 1026 of division A of the 

21 Emergency Supplemental Appropriations Act for Defense, 

22 the Global War on Terror, and Tsunami Relief, 2005 (Pub23 lic Law 109–13), is amended by striking subsections (d) 

24 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 De7 fense shall submit to Congress a report specifying the total 

8 amount of travel and transportation allowances provided 

9 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 MEMBERS 

18 MAY CONTINUE TO OCCUPY MILITARY FAMILY 

19 HOUSING OR RECEIVE BASIC ALLOWANCE 

20 FOR HOUSING. 

21 Effective as of September 30, 2005, section 1022 of di22 vision 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 37, 

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

7 following new section: 

8 ‘‘§ 327. Combat-related injury rehabilitation pay 

9 ‘‘(a) SPECIAL PAY AUTHORIZED.—The Secretary con10 cerned may pay monthly special pay under this section to 

11 a member of the armed forces who incurs a combat-related 

12 injury in a combat operation or combat zone designated 

13 by the Secretary of Defense and is evacuated from the the14 ater of the combat operation or from the combat zone for 

15 medical treatment. 

16 ‘‘(b) COMMENCEMENT OF PAYMENT.—Subject to sub17 section (c), the special pay authorized by subsection (a) 

18 may be paid to a member described in such subsection for 

19 any month beginning after the date on which the member 

20 was evacuated from the theater of the combat operation or 

21 the combat zone in which the member incurred the combat22 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 the 

2 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 amount 

11 of special pay paid to a member under this section shall 

12 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 member, 

19 means a wound, injury, or illness that is incurred (as deter20 mined using the criteria prescribed by the Secretary of De21 fense under section 1413a(e)(2) of title 10) by the member— 

22 ‘‘(1) as a direct result of armed conflict; 

23 ‘‘(2) while engaged in hazardous service; 

24 ‘‘(3) in the performance of duty under conditions 

25 simulating war; or 
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1 ‘‘(4) through an instrumentality of war.’’. 

2 (b) CLERICAL AMENDMENT.—The table of sections at 

3 the beginning of chapter 5 of such title is amended by add4 ing at the end the following new item: 

‘‘327. Combat-related injury rehabilitation pay.’’. 

5 (c) EFFECTIVE DATE.—The Secretary of a military 

6 department may provide special pay under section 327 of 

7 title 37, United States Code, as added by subsection (a), 

8 for months beginning on or after the date of the enactment 

9 of this Act. A member of the Armed Forces who incurred 

10 a combat-related injury, as defined in subsection (f) of such 

11 section, before the date of the enactment of this Act may 

12 receive such pay for months beginning on or after that date 

13 so long as the member continues to satisfy the eligibility 

14 criteria specified in such section. 

15 SEC. 1528. ALLOWANCE TO COVER MONTHLY DEDUCTION 

16 FROM BASIC PAY FOR SERVICEMEMBERS’

17 GROUP LIFE INSURANCE COVERAGE FOR 

18 MEMBERS SERVING IN OPERATION ENDUR19 ING FREEDOM OR OPERATION IRAQI FREE20 DOM. 

21 (a) ALLOWANCE TO COVER SGLI DEDUCTIONS.— 

22 Chapter 7 of title 37, United States Code, is amended by 

23 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 sub9 chapter III of chapter 19 of title 38 and who serves in the 

10 theater of operations for Operation Enduring Freedom or 

11 Operation Iraqi Freedom at any time during a month, the 

12 Secretary concerned shall pay the member an allowance 

13 under this section for that month in an amount equal to 

14 the lesser of the following: 

15 ‘‘(1) The amount of the deduction actually made 

16 for that month from the basic pay of the member for 

17 the amount of Servicemembers’ Group Life Insurance 

18 coverage obtained by the member under section 1967 

19 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 the 

23 maximum amount of coverage under section 1967(a) 

24 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 in 

2 subsection (a), the Secretary concerned shall give the mem3 ber 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 pro12 vided in section 1967(c) of title 38.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections at 

14 the beginning of chapter 7 of title 37, United States Code, 

15 is amended by adding at the end the following new item: 

‘‘437. Allowance to cover monthly premium for Servicemembers’ Group Life Insurance: members serving in Operation Enduring Freedom or 

Operation Iraqi Freedom.’’. 

16 (c) EFFECTIVE DATE; NOTIFICATION.—Section 437 of 

17 title 37, United States Code, as added by subsection (a), 

18 shall apply with respect to service by members of the Armed 

19 Forces in the theater of operations for Operation Enduring 

20 Freedom or Operation Iraqi Freedom for months beginning 

21 on or after October 1, 2005. In the case of members who 

22 are serving in the theater of operations for Operation En23 during Freedom or Operation Iraqi Freedom as of the date 

24 of the enactment of this Act, the Secretary of Defense shall 
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1 provide such members, as soon as practicable, the informa2 tion specified in subsection (b) of that section. 

3 (d) FUNDING SOURCE.—Amounts appropriated pursu4 ant to the authorization of appropriations in section 1509 

5 for emergency appropriations for military personnel ac6 counts for the Department of Defense for fiscal year 2006 

7 shall be available to the Secretary of a military department 

8 to provide the allowance established by section 437 of title 

9 37, United States Code, as added by subsection (a). 

10 Subtitle C—Matters Involving Sup11 port Provided by Foreign Na12 tions 

13 SEC. 1531. REIMBURSEMENT OF CERTAIN COALITION NA14 TIONS FOR SUPPORT PROVIDED TO UNITED 

15 STATES MILITARY OPERATIONS. 

16 (a) AUTHORITY.—From funds made available for the 

17 Department of Defense by this title for Defense-Wide Oper18 ations and Maintenance, the Secretary of Defense may re19 imburse any key cooperating nation for logistical and mili20 tary support provided by that nation to or in connection 

21 with United States military operations in Iraq, Afghani22 stan, and the global war on terrorism. 

23 (b) DETERMINATIONS.—Payments authorized under 

24 subsection (a) may be made in such amounts as the Sec25 retary of Defense, with the concurrence of the Secretary of 
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1 State and in consultation with the Director of the Office 

2 of Management and Budget, may determine, in the Sec3 retary’s discretion, based on documentation determined by 

4 the Secretary of Defense to adequately account for the sup5 port provided. Any such determination by the Secretary of 

6 Defense shall be final and conclusive upon the accounting 

7 officers of the United States. To the maximum extent prac8 ticable, the Secretary shall develop standards for deter9 mining the kinds of logistical and military support to the 

10 United States that shall be considered reimbursable under 

11 this section. 

12 (c) LIMITATIONS.— 

13 (1) TOTAL AMOUNT.—The total amount of pay14 ments made under the authority of this section during 

15 fiscal year 2006 may not exceed $1,500,000,000. 

16 (2) PROHIBITION ON CONTRACTUAL OBLIGATIONS

17 TO MAKE PAYMENTS.—The Secretary may not enter 

18 into any contractual obligation to make a payment 

19 under the authority of this section. 

20 (d) CONGRESSIONAL NOTIFICATIONS.—The Secretary 

21 of Defense— 

22 (1) shall notify the congressional defense commit23 tees not less than 15 days before making any payment 

24 under the authority of this section; and 
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1 (2) shall submit to those committees quarterly re2 ports on the use of the authority under this section. 

3 TITLE XVI—CONTRACTORS ON 

4 THE BATTLEFIELD 

1601. Short title. 

1602. Findings. 

1603. Definitions. 

1604. Requirements for commanders of combatant commands relating to contractors accompanying and not accompanying the force. 

1605. Requirements for contractors relating to possession of weapons. 

1606. Battlefield accountability. 

5 SEC. 1601. SHORT TITLE. 

6 This title may be cited as the ‘‘Contractors on the Bat7 tlefield Regulatory Act’’. 

8 SEC. 1602. FINDINGS. 

9 Congress finds the following: 

10 (1) Contract personnel have provided invaluable 

11 services in support of combat, humanitarian, peace12 keeping, and reconstruction operations worldwide, 

13 and they should be recognized for their contributions, 

14 including in some instances the loss of their lives, in 

15 support of such operations. 

16 (2) Contract personnel are appropriately prohib17 ited from performing inherently governmental func18 tions. 

19 (3) Contract personnel will be present on and 

20 supporting the battlefield of tomorrow providing cru-
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1 cial goods and services for military, humanitarian, 

2 peacekeeping, and reconstruction operations. 

3 SEC. 1603. DEFINITIONS. 

4 In this title: 

5 (1) CONTRACTOR ACCOMPANYING THE FORCE.— 

6 (A) IN GENERAL.—The term ‘‘contractor ac7 companying the force’’ means a contractor for a 

8 contract with the Department of Defense, a sub9 contract at any tier under such a contract, or a 

10 task order at any tier issued under such a con11 tract, if the contract, subcontract, or task 

12 order— 

13 (i) is paid for using funds appro14 priated to or for the use of the Department; 

15 and 

16 (ii) is for the performance of work that 

17 directly supports United States military op18 erations overseas or deployed United States 

19 Armed Forces. 

20 (B) EMPLOYEES INCLUDED.—The term in21 cludes employees of any contractor described in 

22 subparagraph (A). 

23 (2) CONTRACTOR NOT ACCOMPANYING THE

24 FORCE.— 
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1 (A) IN GENERAL.—The term ‘‘contractor 

2 not accompanying the force’’ means a contractor 

3 for a contract with the Federal Government, a 

4 subcontract at any tier under such a contract, or 

5 a task order at any tier issued under such a con6 tract, if the contract, subcontract, or task order 

7 is for the performance of work related to private 

8 security, reconstruction, humanitarian assist9 ance, peacekeeping, or other activities in an area 

10 of responsibility of a commander of a combatant 

11 command. 

12 (B) EMPLOYEES INCLUDED.—The term in13 cludes employees of any contractor described in 

14 subparagraph (A). 

15 (3) COMBATANT COMMAND.—The term ‘‘combat16 ant command’’ has the meaning provided in section 

17 161(c) of title 10, United States Code. 

18 SEC. 1604. REQUIREMENTS FOR COMMANDERS OF COMBAT19 ANT COMMANDS RELATING TO CONTRAC20 TORS ACCOMPANYING AND NOT ACCOM21 PANYING THE FORCE. 

22 (a) PROTECTION OF CONTRACTORS BY ARMED

23 FORCES.— 

24 (1) CONTRACTORS ACCOMPANYING FORCE.—The 

25 Secretary of Defense shall require each commander of 
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1 a combatant command to make a determination re2 garding the appropriate level of security protection by 

3 the Armed Forces of contractors accompanying the 

4 force in the commander’s area of responsibility, and 

5 to include in the operational plans of the commander 

6 the results of the determination. 

7 (2) CONTRACTORS NOT ACCOMPANYING FORCE.— 

8 Any requirements for security protection of contrac9 tors accompanying the force included in operational 

10 plans under paragraph (1) may also be applied by 

11 the commander to contractors not accompanying the 

12 force. 

13 (b) COMMUNICATIONS PLAN.— 

14 (1) CONTRACTORS ACCOMPANYING FORCE.—The 

15 Secretary of Defense shall require each commander of 

16 a combatant command to include in the operational 

17 plans of the commander a communications plan for 

18 contractors accompanying the force in the com19 mander’s area of responsibility. 

20 (2) CONTRACTORS NOT ACCOMPANYING FORCE.— 

21 Such communications plan may be applied by the 

22 commander to contractors not accompanying the force 

23 in such area. 

24 (3) PROVISION OF PLAN TO CONTRACTORS.—Any 

25 communications plan included in operational plans 
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1 under this subsection shall be provided by the com2 mander concerned to the affected contractors. 

3 (c) SHARING INTELLIGENCE.— 

4 (1) CONTRACTORS ACCOMPANYING FORCE.—The 

5 Secretary of Defense shall require each commander of 

6 a combatant command to share with contractors ac7 companying the force open-source intelligence, threat 

8 assessments, and information related to contractor 

9 movement to avoid hostile or friendly fire incidents 

10 and to further the missions of both the Department of 

11 Defense and the contractors. 

12 (2) CONTRACTORS NOT ACCOMPANYING FORCE.— 

13 The Secretary of Defense shall require each com14 mander of a combatant command to share, to the ex15 tent practicable, the intelligence, assessments, and in16 formation referred to in paragraph (1) with contrac17 tors not accompanying the force. 

18 (3) WAIVER.—The commander of a combatant 

19 command may waive the requirements of this sub20 section if required to ensure operational security in 

21 the commander’s area of responsibility. 

22 SEC. 1605. REQUIREMENTS FOR CONTRACTORS RELATING 

23 TO POSSESSION OF WEAPONS. 

24 (a) REQUIREMENT FOR REGULATIONS REGARDING

25 CARRYING WEAPONS FOR CONTRACTORS ACCOMPANYING
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1 FORCE.—The Secretary of Defense shall prescribe regula2 tions describing the type of weapons and circumstances 

3 under which contractors accompanying the force may carry 

4 a weapon for self defense or in order to perform work re5 quired under the contract, and information required to be 

6 provided by such contractors relating to such weapons. The 

7 regulations shall include the following: 

8 (1) A requirement that a contractor accom9 panying the force request in writing approval, from 

10 the commander of the combatant command for the 

11 area in which the contractor is performing work 

12 under a contract, for the contractor to carry weapons. 

13 (2) Subject to subsection (b), a requirement that 

14 the commander of a combatant command determine 

15 whether it is appropriate for a contractor accom16 panying the force to carry a weapon for self defense 

17 or in order to perform work required under the con18 tract, taking into account the duties required to be 

19 performed under the contract and the security situa20 tion in the area of operations, and, if determined ap21 propriate, to approve a request referred to in para22 graph (1). 

23 (3) A requirement that any contractor accom24 panying the force that is carrying a weapon for self 

25 defense use only a firearm that meets United States 
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1 military specifications for self defense and ammuni2 tion that meets United States military specifications. 

3 (4) A requirement that a contractor accom4 panying the force must have proof of appropriate 

5 training for using any firearm for self defense, as de6 termined by the Secretary of Defense. 

7 (b) DEEMED APPROVAL FOR CARRYING WEAPON.— 

8 The regulations shall provide that, for purposes of the re9 quirements of paragraphs (1) and (2) of subsection (a), a 

10 requirement in a contract awarded by the Department that 

11 a contractor carry a weapon to perform work under the 

12 contract shall be deemed to be approved by the commander 

13 for the contractor to carry such a weapon. The regulations 

14 shall require that the contracting officer for such a contract 

15 shall notify the appropriate commander of any such re16 quirement. 

17 SEC. 1606. BATTLEFIELD ACCOUNTABILITY. 

18 (a) QUARTERLY LIST OF CONTRACTOR PERSONNEL IN

19 COMMANDER’S AREA.—The Secretary of Defense shall re20 quire each commander of a combatant command to obtain 

21 quarterly from contractors accompanying the force a list 

22 of all contractor personnel who are present in the com23 mander’s area of responsibility, with the following informa24 tion for each individual on the list: 

25 (1) Whether the individual carries a weapon. 
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1 (2) Proof of appropriate training with respect to 

2 any weapon carried by the individual. 

3 (3) Proof of citizenship. 

4 (b) MEETINGS WITH CONTRACTORS.—The Secretary of 

5 Defense shall require each commander of a combatant com6 mand to meet regularly with representatives of contractors 

7 both accompanying and not accompanying the force who 

8 are present in the commander’s area of responsibility, in 

9 order to provide information about the requirements of the 

10 commander with respect to the contractors and rec11 ommendations to the contractors regarding security for the 

12 protection of the contractors. 

13 (c) DATABASE.—The Secretary of Defense shall require 

14 each commander of a combatant command to maintain a 

15 central database of the information provided under sub16 section (a) with respect to all contractors accompanying the 

17 force in the commander’s area of responsibility and shall 

18 allow the commander to maintain such a database with re19 spect to contractors not accompanying the force. The Sec20 retary shall prescribe a design for the information to be col21 lected for the database required under this subsection, which 

22 shall be uniform for all combatant commands. To the extent 

23 practicable, the Secretary shall rely on existing sources in 

24 the Department of Defense for the information to be in-
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1 cluded in the database and make such existing information 

2 available to each commander. 

3 (d) CONTRACTOR REQUIREMENT.—Any contractor ac4 companying the force, and, upon determination of the com5 mander of a combatant command concerned, any contractor 

6 not accompanying the force, shall provide information 

7 sought by a commander of a combatant command for pur8 poses of subsection (a), upon request from the commander. 

9 Division B—Military Construction 

10 Authorizations 

11 SEC. 2001. SHORT TITLE. 

12 This division may be cited as the ‘‘Military Construc13 tion Authorization Act for Fiscal Year 2006’’. 

14 TITLE I—ARMY 

2101. Authorized Army construction and land acquisition projects. 

2102. Family housing. 

2103. Improvements to military family housing units. 

2104. Authorization of appropriations, Army. 

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

15 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

16 ACQUISITION PROJECTS. 

17 (a) INSIDE THE UNITED STATES.—Using amounts ap18 propriated pursuant to the authorization of appropriations 

19 in section 2104(a)(1), the Secretary of the Army may ac20 quire real property and carry out military construction 

21 projects for the installations or locations inside the United 

22 States, and in the amounts, set forth in the following table: 
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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 

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 may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the United 

6 States, and in the amounts, set forth in the following table: 

Army: Outside the United States 

Country Installation or Location Amount 

Germany .............................. Grafenwoehr ............................................... $84,081,000 

Italy ..................................... Pisa ............................................................. $5,254,000 

Korea .................................... Camp Humphreys ..................................... $114,162,000 
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Army: Outside the United States—Continued 

Country Installation or Location Amount 

Yongpyong .................................................. $1,450,000 

1 SEC. 2102. FAMILY HOUSING. 

2 (a) CONSTRUCTION AND ACQUISITION.—Using 

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2104(a)(5)(A), the Secretary of the 

5 Army may construct or acquire family housing units (in6 cluding land acquisition and supporting facilities) at the 

7 installations or locations, in the number of units, and in 

8 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 

9 (b) PLANNING AND DESIGN.—Using amounts appro10 priated pursuant to the authorization of appropriations in 

11 section 2104(a)(5)(A), the Secretary of the Army may carry 

12 out architectural and engineering services and construction 

13 design activities with respect to the construction or im14 provement of family housing units in an amount not to 

15 exceed $17,536,000. 
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1 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

2 UNITS. 

3 Subject to section 2825 of title 10, United States Code, 

4 and using amounts appropriated pursuant to the author5 ization of appropriations in section 2104(a)(5)(A), the Sec6 retary of the Army may improve existing military family 

7 housing units in an amount not to exceed $300,400,000. 

8 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

9 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

10 hereby authorized to be appropriated for fiscal years begin11 ning after September 30, 2005, for military construction, 

12 land acquisition, and military family housing functions of 

13 the Department of the Army in the total amount of 

14 $2,955,400,000, as follows: 

15 (1) For military construction projects inside the 

16 United States authorized by section 2101(a), 

17 $985,172,000. 

18 (2) For military construction projects outside the 

19 United States authorized by section 2101(b), 

20 $204,947,000. 

21 (3) For unspecified minor military construction 

22 projects authorized by section 2805 of title 10, United 

23 States Code, $20,000,000. 

24 (4) For architectural and engineering services 

25 and construction design under section 2807 of title 

26 10, United States Code, $168,023,000. 
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1 (5) For military family housing functions: 

2 (A) For construction and acquisition, plan3 ning and design, and improvement of military 

4 family housing and facilities, $549,636,000. 

5 (B) For support of military family housing 

6 (including the functions described in section 

7 2833 of title 10, United States Code), 

8 $803,993,000. 

9 (6) For the construction of phase 3 of the Lewis 

10 & Clark instructional facility at Fort Leavenworth, 

11 Kansas, authorized by section 2101(a) of the Military 

12 Construction Authorization Act for Fiscal Year 2003 

13 (division B of Public Law 107–314; 116 Stat. 2681), 

14 $42,642,000. 

15 (7) For the construction of phase 2 of a barracks 

16 complex at Vilseck, Germany, authorized by section 

17 2101(b) of the Military Construction Authorization 

18 Act for Fiscal Year 2004 (division B of Public Law 

19 108–136; 117 Stat. 1697), as amended by section 

20 2105 of this Act, $13,600,000. 

21 (8) For the construction of phase 2 of the Drum 

22 Road upgrade at Helemano Military Reservation, 

23 Hawaii, authorized by section 2101(a) of the Military 

24 Construction Authorization Act for Fiscal Year 2005 
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1 (division B of Public Law 108–375; 118 Stat. 2101), 

2 $41,000,000. 

3 (9) For the construction of phase 2 a vehicle 

4 maintenance facility at Schofield Barracks, Hawaii, 

5 authorized by section 2101(a) of the Military Con6 struction Authorization Act for Fiscal Year 2005 (di7 vision B of Public Law 108–375; 118 Stat. 2101), 

8 $24,656,000. 

9 (10) For the construction of phase 2 of a bar10 racks complex, at Fort Campbell, Kentucky, author11 ized by section 2101(a) of the Military Construction 

12 Authorization Act for Fiscal Year 2005 (division B of 

13 Public Law 108–375; 118 Stat. 2101), $24,650,000. 

14 (11) For the construction of phase 2 of trainee 

15 barracks, Basic Training Complex 1 at Fort Knox, 

16 Kentucky, authorized by section 2101(a) of the Mili17 tary Construction Authorization Act of Fiscal Year 

18 2005 (division B of Public Law 108–375; 118 Stat. 

19 2101), $21,000,000. 

20 (12) For the construction of phase 2 of a library 

21 and learning center at the United States Military 

22 Academy, West Point, New York, authorized by sec23 tion 2101(a) of the Military Construction Authoriza24 tion Act for Fiscal Year 2005 (division B of Public 

25 Law 108–375; 118 Stat. 2101), $25,470,000. 
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1 (13) For the construction of phase 2 of a bar2 racks complex renewal project at Fort Bragg, North 

3 Carolina, authorized by section 2101(a) of the Mili4 tary Construction Authorization Act for Fiscal Year 

5 2005 (division B of Public Law 108–375; 118 Stat. 

6 2101), $30,611,000. 

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 2101 of this Act 

12 may not exceed the sum of the following: 

13 (1) The total amount authorized to be appro14 priated under paragraphs (1) and (2) of subsection 

15 (a). 

16 (2) $16,500,000 (the balance of the amount au17 thorized under section 2101(a) for construction of a 

18 barracks complex for Fort Drum, New York). 

19 (3) $31,000,000 (the balance of the amount au20 thorized under section 2101(a) for construction of a 

21 barracks complex for the 2nd Brigade at Fort Bragg, 

22 North Carolina). 

23 (4) $50,000,000 (the balance of the amount au24 thorized under section 2101(a) for construction of a 
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1 barracks complex for the 3nd Brigade at Fort Bragg, 

2 North Carolina). 

3 (5) $77,400,000 (the balance of the amount au4 thorized under section 2101(a) for construction of a 

5 barracks complex for divisional artillery at Fort 

6 Bragg, North Carolina). 

7 (6) $13,000,000 (the balance of the amount au8 thorized under section 2101(a) for construction of a 

9 defense access road for Fort Belvoir, Virginia. 

10 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT 

11 CERTAIN FISCAL YEAR 2004 PROJECT. 

12 (a) MODIFICATION OF OUTSIDE THE UNITED STATES

13 PROJECT.—The table in section 2101(b) of the Military 

14 Construction Authorization Act for Fiscal Year 2004 (divi15 sion B of Public Law 108–136; 117 Stat. 1698) is amend16 ed— 

17 (1) in the item relating to Vilseck, Germany, by 

18 striking ‘‘$31,000,000’’ in the amount column and in19 serting ‘‘$26,000,000’’; and 

20 (2) by striking the amount identified as the total 

21 in the amount column and inserting ‘‘$226,900,000’’. 

22 (b) CONFORMING AMENDMENT.—Section 2104(b)(6) of 

23 that Act (117 Stat. 1700) is amended by striking 

24 ‘‘$18,900,000’’ and inserting ‘‘$13,900,000’’. 
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1 TITLE II—NAVY 

2201. Authorized Navy construction and land acquisition projects. 

2202. Family housing. 

2203. Improvements to military family housing units. 

2204. Authorization of appropriations, Navy. 

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

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

2 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

3 ACQUISITION PROJECTS. 

4 (a) INSIDE THE UNITED STATES.—Using amounts ap5 propriated pursuant to the authorization of appropriations 

6 in section 2204(a)(1), the Secretary of the Navy may ac7 quire real property and carry out military construction 

8 projects for the installations or locations inside the United 

9 States, and in the amounts, set forth in the following table: 

Navy: Inside the United States 

State Installation or Location Amount 

Arizona ............. Marine Corps Air Station, Yuma ........................... $3,637,000 

California ......... Air-Ground Combat Center, Twentynine Palms ... $24,000,000 

Marine Corps Air Station, Camp 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 
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Navy: Inside the United States—Continued 

State Installation or Location Amount 

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 

7 SEC. 2202. FAMILY HOUSING. 

8 Using amounts appropriated pursuant to the author9 ization of appropriations in section 2204(a)(5)(A), the Sec10 retary of the Navy may construct or acquire family housing 

11 units (including land acquisition and supporting facilities) 

12 at the installation, in the number of units, and in the 

13 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 
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1 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

2 UNITS. 

3 Subject to section 2825 of title 10, United States Code, 

4 and using amounts appropriated pursuant to the author5 ization of appropriations in section 2204(a)(5)(A), the Sec6 retary of the Navy may improve existing military family 

7 housing units in an amount not to exceed $178,644,000. 

8 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

9 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

10 hereby authorized to be appropriated for fiscal years begin11 ning after September 30, 2005, for military construction, 

12 land acquisition, and military family housing functions of 

13 the Department of the Navy in the total amount of 

14 $1,916,779,000, as follows: 

15 (1) For military construction projects inside the 

16 United States authorized by section 2201(a), 

17 $802,311,000. 

18 (2) For military construction projects outside the 

19 United States authorized by section 2201(b), 

20 $25,584,000. 

21 (3) For architectural and engineering services 

22 and construction design under section 2807 of title 

23 10, United States Code, $36,029,000. 

24 (4) 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, $218,942,000. 

4 (B) For support of military family housing 

5 (including functions described in section 2833 of 

6 title 10, United States Code), $588,660,000. 

7 (5) For the construction of increment 3 of the 

8 general purpose berthing pier at Naval Weapons Sta9 tion, Earle, New Jersey, authorized by section 

10 2201(a) of the Military Construction Authorization 

11 Act for Fiscal Year 2004 (division B of Public Law 

12 108–136; 117 Stat. 1704), as amended by section 

13 2205 of this Act, $54,432,000. 

14 (6) For the construction of increment 3 of pier 

15 11 replacement at Naval Station, Norfolk, Virginia, 

16 authorized by section 2201(a) of the Military Con17 struction Authorization Act for Fiscal Year 2004 (di18 vision B of Public Law 108–136; 117 Stat. 1704), 

19 $40,200,000. 

20 (7) For the construction of increment 2 of the 

21 apron and hangar at Naval Air Facility, El Centro, 

22 California, authorized by section 2201(a) of the Mili23 tary Construction Authorization Act for Fiscal Year 

24 2005 (division B of Public Law 108–375; 118 Stat. 

25 2105), $18,666,000. 
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1 (8) For the construction of increment 2 of the 

2 White Side complex, Marine Corps Air Facility, 

3 Quantico, Virginia, authorized by section 2201(a) of 

4 the Military Construction Authorization Act for Fis5 cal Year 2005 (division B of Public Law 108–375; 

6 118 Stat. 2105), $34,730,000. 

7 (9) For the construction of increment 2 of the 

8 limited area production and storage complex at Stra9 tegic Weapons Facility Pacific, Bangor, Washington, 

10 authorized by section 2201(a) of the Military Con11 struction Authorization Act for Fiscal Year 2005 (di12 vision B of Public Law 108–375; 118 Stat. 2106), as 

13 amended by section 2206 of this Act, $47,095,000. 

14 (10) For the construction of increment 2 of the 

15 lab consolidation at Strategic Weapons Facility Pa16 cific, Bangor, Washington authorized by section 

17 2201(a) of the Military Construction Authorization 

18 Act for Fiscal Year 2005 (division B of Public Law 

19 108–375; 118 Stat. 2106), as amended by section 

20 2206 of this Act, $9,430,000. 

21 (11) For the construction of increment 2 of the 

22 presidential helicopter programs support facility at 

23 Naval Air Station, Patuxent River, Maryland, au24 thorized by section 2201(c) of the Military Construc25 tion Authorization Act for Fiscal Year 2005 (division 
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1 B of Public Law 108–375; 118 Stat. 2106), as 

2 amended by section 2206 of this Act, $40,700,000. 

3 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

4 PROJECTS.—Notwithstanding the cost variations author5 ized by section 2853 of title 10, United States Code, and 

6 any other cost variation authorized by law, the total cost 

7 of all projects carried out under section 2201 of this Act 

8 may not exceed the sum of the following: 

9 (1) The total amount authorized to be appro10 priated under paragraphs (1) and (2) of subsection 

11 (a). 

12 (2) $37,721,000 (the balance of the amount au13 thorized under section 2201(a) for a reclamation and 

14 conveyance project for Camp Pendleton, California). 

15 (3) $43,424,000 (the balance of the amount au16 thorized under section 2201(a) for a helicopter hangar 

17 replacement at Naval Air Station, Jacksonville, Flor18 ida). 

19 (4) $45,850,000 (the balance of the amount au20 thorized under section 2201(a) for infrastructure up21 grades to Recruit Training Command, Great Lakes, 

22 Illinois). 

23 (5) $26,790,000 (the balance of the amount au24 thorized under section 2201(a) for construction of a 
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1 field house at United States Naval Academy, Annap2 olis, Maryland). 

3 (6) $31,059,000 (the balance of the amount au4 thorized under section 2201(a) for replacement of 

5 Ship Repair Pier 3 at Norfolk Naval Shipyard, Vir6 ginia). 

7 (7) $21,000,000 (the balance of the amount au8 thorized under section 2201(a) for construction of 

9 bachelor quarters for Naval Station, Everett, Wash10 ington). 

11 (8) $29,889,000 (the balance of the amount au12 thorized under section 2201(b) for wharf upgrades at 

13 Naval Station, Guam). 

14 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT 

15 CERTAIN FISCAL YEAR 2004 PROJECT. 

16 (a) MODIFICATION OF INSIDE THE UNITED STATES

17 PROJECT.—The table in section 2201(a) of the Military 

18 Construction Authorization Act for Fiscal Year 2004 (divi19 sion B of Public Law 108–136; 117 Stat. 1703) is amend20 ed— 

21 (1) in the item relating to Naval Weapons Sta22 tion, Earle, New Jersey, by striking ‘‘$123,720,000’’ 

23 in the amount column and inserting ‘‘$140,372,000’’; 

24 and 
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1 (2) by striking the amount identified as the total 

2 in the amount column and inserting 

3 ‘‘$1,352,524,000’’. 

4 (b) CONFORMING AMENDMENT.—Section 2204(b)(4) of 

5 that Act (117 Stat. 1706) is amended by striking 

6 ‘‘$96,980,000’’ and inserting ‘‘$113,632,000’’. 

7 SEC. 2206. MODIFICATIONS OF AUTHORITY TO CARRY OUT 

8 CERTAIN FISCAL YEAR 2005 PROJECTS. 

9 (a) MODIFICATION OF INSIDE THE UNITED STATES

10 PROJECTS.—The table in section 2201(a) of the Military 

11 Construction Authorization Act for Fiscal Year 2005 (divi12 sion B of Public Law 108–375; 118 Stat. 2105) is amend13 ed— 

14 (1) in the item relating to Marine Corps Air Fa15 cility, Quantico, Virginia, by striking ‘‘$73,838,000’’ 

16 in the amount column and inserting ‘‘$74,462,000’’; 

17 (2) in the item relating to Strategic Weapons 

18 Facility Pacific, Bangor, Washington, by striking 

19 ‘‘$138,060,000’’ in the amount column and inserting 

20 ‘‘$147,760,000’’; and 

21 (3) by striking the amount identified as the total 

22 in the amount column and inserting ‘‘$962,379,000’’. 

23 (b) CONFORMING AMENDMENTS.—Section 2204(b) of 

24 that Act (118 Stat. 2107) is amended— 
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1 (1) in paragraph (4), by striking ‘‘$34,098,000’’ 

2 and inserting ‘‘$34,722,000’’; 

3 (2) by redesignating paragraph (7) as para4 graph (8) and, in such paragraph— 

5 (A) by striking ‘‘$65,982,000’’ and inserting 

6 ‘‘$66,614,000’’; and 

7 (B) by striking ‘‘at an unspecified location’’ 

8 and inserting ‘‘at Naval Air Station, Patuxent 

9 River, Maryland’’; and 

10 (3) by inserting after paragraph (6) the fol11 lowing new paragraph (7): 

12 ‘‘(7) $9,700,000 (the balance of the amount au13 thorized under section 2201(a) for naval laboratory 

14 consolidation, Strategic Weapons Facility Pacific, 

15 Bangor, Washington).’’. 

16 TITLE III—AIR FORCE 

2301. Authorized Air Force construction and land acquisition projects. 

2302. Family housing. 

2303. Improvements to military family housing units. 

2304. Authorization of appropriations, Air Force. 

17 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

18 LAND ACQUISITION PROJECTS. 

19 (a) INSIDE THE UNITED STATES.—Using amounts ap20 propriated pursuant to the authorization of appropriations 

21 in section 2304(a)(1), the Secretary of the Air Force may 

22 acquire real property and carry out military construction 
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1 projects for the installations or locations inside the United 

2 States, and in the amounts, set forth in the following table: 

Air Force: Inside the United States 

State Installation or Location Amount 

Alabama ..................... Maxwell Air Force Base ................................. $14,900,000 

Alaska ......................... Clear Air Force Base ...................................... $20,000,000 

Elmendorf Air Force Base ............................. $84,820,000 

Arizona ....................... Davis-Monthan Air Force Base ..................... $8,600,000 

Luke Air Force Base ....................................... $13,000,000 

Arkansas ..................... Little Rock Air Force Base ............................ $8,900,000 

California ................... Beale Air Force Base ...................................... $14,200,000 

Edwards Air Force Base ................................ $103,000,000 

Travis Air Force Base .................................... $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 

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 

3 (b) OUTSIDE THE UNITED STATES.—Using amounts 

4 appropriated pursuant to the authorization of appropria5 tions in section 2304(a)(2), the Secretary of the Air Force 

6 may acquire real property and carry out military construc7 tion projects for the installations or locations outside the 
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1 United States, and in the amounts, set forth in the following 

2 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 

3 SEC. 2302. FAMILY HOUSING. 

4 (a) CONSTRUCTION AND ACQUISITION.—Using 

5 amounts appropriated pursuant to the authorization of ap6 propriations in section 2304(a)(5)(A), the Secretary of the 

7 Air Force may construct or acquire family housing units 

8 (including land acquisition and supporting facilities) at 

9 the installations or locations, in the number of units, and 

10 in the amounts set forth in the following table: 

Air Force: Family Housing 

State or Country Installation or Location Units Amount 

Alaska ........................... Eielson Air Force Base .................... 392 .... $55,794,000 

California ..................... Edwards Air Force Base .................. 226 .... $59,699,000 

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 
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1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in 

3 section 2304(a)(5)(A), the Secretary of the Air Force may 

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction 

6 or improvement of military family housing units in an 

7 amount not to exceed $37,104,000. 

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

9 UNITS. 

10 Subject to section 2825 of title 10, United States Code, 

11 and using amounts appropriated pursuant to the author12 ization of appropriations in section 2304(a)(5)(A), the Sec13 retary of the Air Force may improve existing military fam14 ily housing units in an amount not to exceed $409,103,000. 

15 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

16 FORCE. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

18 hereby authorized to be appropriated for fiscal years begin19 ning after September 30, 2005, for military construction, 

20 land acquisition, and military family housing functions of 

21 the Department of the Air Force in the total amount of 

22 $3,162,877,000, as follows: 

23 (1) For military construction projects inside the 

24 United States authorized by section 2301(a), 

25 $871,297,000. 
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1 (2) For military construction projects outside the 

2 United States authorized by section 2301(b), 

3 $193,308,000. 

4 (3) For unspecified minor military construction 

5 projects authorized by section 2805 of title 10, United 

6 States Code, $15,000,000. 

7 (4) For architectural and engineering services 

8 and construction design under section 2807 of title 

9 10, United States Code, $91,733,000. 

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, $1,236,220,000. 

14 (B) For support of military family housing 

15 (including functions described in section 2833 of 

16 title 10, United States Code), $755,319,000. 

17 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

18 PROJECTS.—Notwithstanding the cost variations author19 ized by section 2853 of title 10, United States Code, and 

20 any other cost variation authorized by law, the total cost 

21 of all projects carried out under section 2301 of this Act 

22 may not exceed the total amount authorized to be appro23 priated under paragraphs (1) and (2) of subsection (a): 
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1 (1) The total amount authorized to be appro2 priated under paragraphs (1) and (2) of subsection 

3 (a). 

4 (2) $30,000,000 (the balance of the amount au5 thorized under section 2301(a) for construction of a 

6 C–17 maintenance complex at Elmendorf Air Force 

7 Base, Alaska). 

8 (3) $66,000,000 (the balance of the amount au9 thorized under section 2301(a) for construction of a 

10 main base runway at Edwards Air Force Base, Cali11 fornia). 

12 (4) $29,000,000 (the balance of the amount au13 thorized under section 2301(a) for construction of a 

14 joint intelligence center at MacDill Air Force Base, 

15 Florida.) 

16 TITLE IV—DEFENSE AGENCIES 

2401. Authorized Defense Agencies construction and land acquisition projects. 

2402. Energy conservation projects. 

2403. Authorization of appropriations, Defense Agencies. 

17 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC18 TION AND LAND ACQUISITION PROJECTS. 

19 (a) INSIDE THE UNITED STATES.—Using amounts ap20 propriated pursuant to the authorization of appropriations 

21 in section 2403(a)(1), the Secretary of Defense may acquire 

22 real property and carry out military construction projects 
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1 for the installations or locations inside the United States, 

2 and in the amounts, set forth in the following tables: 

Defense Education Activity 

State Installation or Location Amount 

Georgia ................... Fort Stewart/Hunter Army Air Field .................. $16,629,000 

North Carolina ....... Fort Bragg ............................................................... $18,075,000 

Defense Intelligence Agency 

State Installation or Location Amount 

District of Columbia ........... Bolling Air Force Base ............................. $7,900,000 

Defense Logistics Agency 

State Installation or Location Amount 

Arizona ................ Yuma Proving Ground .............................................. $7,300,000 

California ............ Defense Distribution Depot, Tracy ........................... $33,635,000 

Miramar ..................................................................... $23,000,000 

Kansas ................. McConnell Air Force Base ......................................... $15,800,000 

New Mexico ......... Cannon Air Force Base ............................................. $13,200,000 

North Carolina ... Seymour Johnson Air Force Base ............................ $18,500,000 

Pennsylvania ...... Defense Distribution Depot, New Cumberland ........ $6,500,000 

Virginia ............... Fort Belvoir ................................................................ $4,500,000 

Naval Station, Norfolk ............................................... $6,700,000 

National Security Agency 

State Installation or Location Amount 

Georgia ................................. Augusta ...................................................... $61,466,000 

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 
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TRICARE Management Activity—Continued 

State Installation or Location Amount 

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 United 

6 States, and in the amounts, set forth in the following 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 
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TRICARE Management Activity 

Location Installation or City Amount 

Bahrain ............................... ..................................................................... $4,750,000 

1 SEC. 2402. ENERGY CONSERVATION PROJECTS. 

2 Using amounts appropriated pursuant to the author3 ization of appropriations in section 2403(a)(6), the Sec4 retary of Defense may carry out energy conservation 

5 projects under section 2865 of title 10, United States Code, 

6 in the amount of $50,000,000. 

7 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE 

8 AGENCIES. 

9 (a) IN GENERAL.—Funds are hereby authorized to be 

10 appropriated for fiscal years beginning after September 30, 

11 2005, for military construction, land acquisition, and mili12 tary family housing functions of the Department of Defense 

13 (other than the military departments) in the total amount 

14 of $2,973,848,000, as follows: 

15 (1) For military construction projects inside the 

16 United States authorized by section 2401(a), 

17 $586,843,000. 

18 (2) For military construction projects outside the 

19 United States authorized by section 2401(b), 

20 $126,404,000. 

21 (3) For unspecified minor military construction 

22 projects under section 2805 of title 10, United States 

23 Code, $15,736,000. 
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1 (4) For contingency construction projects of the 

2 Secretary of Defense under section 2804 of title 10, 

3 United States Code, $5,000,000. 

4 (5) For architectural and engineering services 

5 and construction design under section 2807 of title 

6 10, United States Code, $135,681,000. 

7 (6) For energy conservation projects authorized 

8 by section 2402 of this Act, $50,000,000. 

9 (7) For base closure and realignment activities 

10 as authorized by the Defense Base Closure and Re11 alignment Act of 1990 (part A of title XXIX of Public 

12 Law 101–510; 10 U.S.C. 2687 note) and funded 

13 through the Department of Defense Base Closure Ac14 count 1990 established by section 2906 of such Act, 

15 $377,827,000. 

16 (8) For base closure and realignment activities 

17 as authorized by the Defense Base Closure and Re18 alignment Act of 1990 (part A of title XXIX of Public 

19 Law 101–510; 10 U.S.C. 2687 note) and funded 

20 through the Department of Defense Base Closure Ac21 count 2005 established by section 2906A of such Act, 

22 $1,570,466,000. 

23 (9) For military family housing functions: 
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1 (A) For support of military family housing 

2 (including functions described in section 2833 of 

3 title 10, United States Code), $46,391,000. 

4 (B) For credit to the Department of Defense 

5 Family Housing Improvement Fund established 

6 by section 2883(a)(1) of title 10, United States 

7 Code, $2,500,000. 

8 (10) For the construction of increment 2 of the 

9 hospital replacement at Fort Belvoir, Virginia, au10 thorized by section 2401(a) of the Military Construc11 tion Authorization Act for Fiscal Year 2005 (division 

12 B of Public Law 108–375; 118 Stat. 2112), 

13 $57,000,000. 

14 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

15 PROJECTS.—Notwithstanding the cost variations author16 ized by section 2853 of title 10, United States Code, and 

17 any other cost variation authorized by law, the total cost 

18 of all projects carried out under section 2401 of this Act 

19 may not exceed the total amount authorized to be appro20 priated under paragraphs (1) and (2) of subsection (a). 

21 TITLE V—NORTH ATLANTIC 

22 TREATY ORGANIZATION SE23 CURITY INVESTMENT PRO24 GRAM 

2501. Authorized NATO construction and land acquisition projects. 

2502. Authorization of appropriations, NATO. 
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1 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

2 ACQUISITION PROJECTS. 

3 The Secretary of Defense may make contributions for 

4 the North Atlantic Treaty Organization Security Invest5 ment program as provided in section 2806 of title 10, 

6 United States Code, in an amount not to exceed the sum 

7 of the amount authorized to be appropriated for this pur8 pose in section 2502 and the amount collected from the 

9 North Atlantic Treaty Organization as a result of construc10 tion previously financed by the United States. 

11 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

12 Funds are hereby authorized to be appropriated for fis13 cal years beginning after September 30, 2005, for contribu14 tions by the Secretary of Defense under section 2806 of title 

15 10, United States Code, for the share of the United States 

16 of the cost of projects for the North Atlantic Treaty Organi17 zation Security Investment program authorized by section 

18 2501, in the amount of $206,858,000. 

19 TITLE VI—GUARD AND RESERVE 

20 FORCES FACILITIES 

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

21 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC22 TION AND LAND ACQUISITION PROJECTS. 

23 Funds are hereby authorized to be appropriated for fis24 cal years beginning after September 30, 2005, for the costs 
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1 of acquisition, architectural and engineering services, and 

2 construction of facilities for the Guard and Reserve Forces, 

3 and for contributions therefor, under chapter 1803 of title 

4 10, United States Code (including the cost of acquisition 

5 of land for those facilities), the following amounts: 

6 (1) For the Department of the Army— 

7 (A) for the Army National Guard of the 

8 United States, $410,624,000; and 

9 (B) for the Army Reserve, $138,425,000. 

10 (2) For the Department of the Navy, for the 

11 Naval and Marine Corps Reserve, $45,226,000. 

12 (3) For the Department of the Air Force— 

13 (A) for the Air National Guard of the 

14 United States, $225,727,000; and 

15 (B) for the Air Force Reserve, $110,847,000. 

16 TITLE VII—EXPIRATION AND EX17 TENSION OF AUTHORIZA18 TIONS 

2701. Expiration of authorizations and amounts required to be specified by law. 

2702. Extension of authorizations of certain fiscal year 2003 projects. 

2703. Extension of authorizations of certain fiscal year 2002 projects. 

2704. Effective date. 

19 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND 

20 AMOUNTS REQUIRED TO BE SPECIFIED BY 

21 LAW. 

22 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

23 YEARS.—Except as provided in subsection (b), all author-
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1 izations contained in titles XXI through XXVI for military 

2 construction projects, land acquisition, family housing 

3 projects and facilities, and contributions to the North At4 lantic Treaty Organization Security Investment program 

5 (and authorizations of appropriations therefor) shall expire 

6 on the later of— 

7 (1) October 1, 2008; or 

8 (2) the date of the enactment of an Act author9 izing funds for military construction for fiscal year 

10 2009. 

11 (b) EXCEPTION.—Subsection (a) shall not apply to au12 thorizations for military construction projects, land acqui13 sition, family housing projects and facilities, and contribu14 tions to the North Atlantic Treaty Organization Security 

15 Investment program (and authorizations of appropriations 

16 therefor), for which appropriated funds have been obligated 

17 before the later of— 

18 (1) October 1, 2008; or 

19 (2) the date of the enactment of an Act author20 izing funds for fiscal year 2009 for military construc21 tion projects, land acquisition, family housing 

22 projects and facilities, or contributions to the North 

23 Atlantic Treaty Organization Security Investment 

24 program. 
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1 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2003 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2701 of the 

4 Military Construction Authorization Act for Fiscal Year 

5 2003 (division B of Public Law 107–314; 116 Stat. 2700), 

6 authorizations set forth in the tables in subsection (b), as 

7 provided in section 2301, 2302, or 2401 of that Act, shall 

8 remain in effect until October 1, 2006, or the date of the 

9 enactment of an Act authorizing funds for military con10 struction for fiscal year 2007, whichever is later. 

11 (b) TABLES.—The tables referred to in subsection (a) 

12 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 

13 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

14 FISCAL YEAR 2002 PROJECTS. 

15 (a) EXTENSION AND RENEWAL.—Notwithstanding sec16 tion 2701 of the Military Construction Authorization Act 

17 for Fiscal Year 2002 (division B of Public Law 107–107; 

18 115 Stat. 1301), authorizations set forth in the tables in 
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1 subsection (b), as provided in section 2101 or 2302 of that 

2 Act and extended by section 2702 of the Military Construc3 tion Authorization Act for Fiscal Year 2005 (division B 

4 of Public Law 108–375; 118 Stat. 2116), shall remain in 

5 effect until October 1, 2006, or the date of the enactment 

6 of an Act authorizing funds for military construction for 

7 fiscal year 2007, whichever is later. 

8 (b) TABLES.—The tables referred to in subsection (a) 

9 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 

10 SEC. 2704. EFFECTIVE DATE. 

11 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of 

12 this Act shall take effect on the later of— 

13 (1) October 1, 2005; or 

14 (2) the date of the enactment of this Act. 

15 TITLE VIII—GENERAL 

16 PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing 

Changes 

2801. Modification of congressional notification requirements for certain military 

construction activities. 
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2802. Improve availability and timeliness of Department of Defense information 

regarding military construction and family housing accounts 

and activities. 

2803. Expansion of authority to convey property at military installations to support military construction. 

2804. Effect of failure to submit required report on need for general and flag officers quarters in National Capital Region. 

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

maintenance funds for construction projects outside the United 

States. 

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

Puerto Rico. 

Subtitle B—Real Property and Facilities Administration 

2811. Consolidation of Department of Defense land acquisition authorities and 

limitations on use of such authorities. 

2812. Report on use of utility system conveyance authority and temporary suspension of authority pending report. 

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

Arizona. 

Subtitle C—Base Closure and Realignment 

2821. Additional reporting requirements regarding base closure process and use 

of Department of Defense base closure accounts. 

2822. Termination of project authorizations for military installations approved 

for closure in 2005 round of base realignments and closures. 

2823. Expanded availability of adjustment and diversification assistance for communities adversely affected by mission realignments in base closure process. 

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

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

Virginia. 

2832. Land conveyance, Army Reserve Center, Bothell, Washington. 

PART II—NAVY CONVEYANCES

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

PART III—AIR FORCE CONVEYANCES

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

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

Subtitle E—Other Matters 

2861. Lease authority, Army Heritage and Education Center, Carlisle, Pennsylvania. 
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2862. Redesignation of McEntire Air National Guard Station, South Carolina, 

as McEntire Joint National Guard Base. 

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

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) of 

8 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.—Section 

14 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’’. 
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1 SEC. 2802. IMPROVE AVAILABILITY AND TIMELINESS OF DE2 PARTMENT OF DEFENSE INFORMATION RE3 GARDING MILITARY CONSTRUCTION AND 

4 FAMILY HOUSING ACCOUNTS AND ACTIVI5 TIES. 

6 (a) MAINTENANCE OF INFORMATION ON INTERNET.— 

7 Section 2851 of title 10, United States Code, is amended 

8 by adding at the end the following new subsection: 

9 ‘‘(c) MAINTENANCE OF MILITARY CONSTRUCTION IN10 FORMATION ON INTERNET; ACCESS.—(1) The Secretary of 

11 Defense shall maintain, as part of the Internet site of the 

12 Department of Defense, a link that, when activated by a 

13 person authorized under paragraph (3), will permit the per14 son to access and view on a separate page of the Internet 

15 site a document or other file containing information regard16 ing— 

17 ‘‘(A) a specific military construction project or 

18 military family housing project, including the infor19 mation required by paragraph (2); and 

20 ‘‘(B) the accounts that are used to fund the 

21 project or support the operation and maintenance of 

22 military family housing. 

23 ‘‘(2) The information required to be maintained under 

24 this subsection shall include the following: 

25 ‘‘(A) The solicitation date and award date (or 

26 anticipated dates) for each contract entered into (or 
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1 to be entered into) by the United States in connection 

2 with a military construction project or a military 

3 family housing project. 

4 ‘‘(B) The contract recipient, contract award 

5 amount, and current working estimate of the cost of 

6 the project. 

7 ‘‘(C) The latest form 1391 for the project and the 

8 status of design and construction for the project. 

9 ‘‘(D) The date (or anticipated date) for comple10 tion of the project. 

11 ‘‘(E) If funds appropriated for the project exceed 

12 (or are likely to exceed) the amount required to com13 plete the project, the amount of the excess and the 

14 purpose for which the excess funds will be used. 

15 ‘‘(F) If funds appropriated for the project are in16 sufficient (or are likely to be insufficient) to complete 

17 the project, the additional amount necessary to com18 plete the project and the source of the additional 

19 funds. 

20 ‘‘(G) For accounts such as planning and design, 

21 unspecified minor construction, and family housing 

22 operation and maintenance, detailed information re23 garding expenditures and anticipated expenditures 

24 under these accounts and the purposes for which the 

25 expenditures are made. 
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1 ‘‘(3) Access to the Internet page referred to in para2 graph (1) shall be restricted to the following persons: 

3 ‘‘(A) Members of the congressional defense com4 mittees and their staff. 

5 ‘‘(B) Staff of the congressional defense commit6 tees. 

7 ‘‘(4) The Secretary shall update the information re8 quired to be maintained under this subsection as promptly 

9 as practicable to ensure that the information is available 

10 to persons referred to in paragraph (3) in a timely man11 ner.’’. 

12 (b) STYLISTIC AMENDMENTS.—Such section is further 

13 amended— 

14 (1) in subsection (a), by inserting ‘‘SUPERVISION

15 OF MILITARY DEPARTMENT PROJECTS.l’’ after 

16 ‘‘(a)’’; and 

17 (2) in subsection (b), by inserting ‘‘SUPERVISION

18 OF DEFENSE AGENCY PROJECTS.l’’ after ‘‘(b)’’. 

19 SEC. 2803. EXPANSION OF AUTHORITY TO CONVEY PROP20 ERTY AT MILITARY INSTALLATIONS TO SUP21 PORT MILITARY CONSTRUCTION. 

22 (a) INCLUSION OF ALL MILITARY INSTALLATIONS.— 

23 Subsection (a) of section 2869 of title 10, United States 

24 Code, is amended— 
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1 (1) by redesignating paragraphs (1) and (2) as 

2 subparagraphs (A) and (B), respectively; 

3 (2) by inserting ‘‘(1)’’ before ‘‘The Secretary con4 cerned’’; 

5 (3) by striking ‘‘located on a military installa6 tion that is closed or realigned under a base closure 

7 law’’ and inserting ‘‘described in paragraph (2)’’; and 

8 (4) by adding at the end the following new para9 graph: 

10 ‘‘(2) Paragraph (1) applies with respect to real prop11 erty under the jurisdiction of the Secretary concerned 

12 that— 

13 ‘‘(A) is located on a military installation that is 

14 closed or realigned under a base closure law; or 

15 ‘‘(B) is determined to be surplus to the needs of 

16 the Federal Government.’’. 

17 (b) ADVANCE NOTICE OF USE OF AUTHORITY; CON18 TENT OF NOTICE.—Subsection (d) of such section is amend19 ed— 

20 (1) in paragraph (1), by striking ‘‘closed or re21 aligned under the base closure laws is to be conveyed’’ 

22 and inserting ‘‘is proposed for conveyance’’; 

23 (2) by striking paragraph (2) and inserting the 

24 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 of 

5 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 the 

12 property to equalize the fair market values of the 

13 property to be conveyed and the military con14 struction activities, military family housing, or 

15 military unaccompanied housing to be obtained 

16 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 period 

19 of 14 days has elapsed from the date on which a copy 

20 of the notice is provided in an electronic medium 

21 pursuant to section 480 of this title’’. 

22 (c) DEPOSIT AND USE OF FUNDS.—Subsection (e) of 

23 such section is amended to read as follows: 

24 ‘‘(e) DEPOSIT AND USE OF FUNDS.—(1) The Secretary 

25 concerned shall deposit funds received under subsection (b) 
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1 in the appropriation ‘Foreign Currency Fluctuations, Con2 struction, 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 pur9 pose does not relieve the Secretary concerned from the duty 

10 to provide advance notice to Congress under section 2853(c) 

11 of this title whenever the Secretary approves an increase 

12 in the cost of an overseas project under such section.’’. 

13 (d) ANNUAL REPORTS; EFFECT OF FAILURE TO SUB14 MIT.—Subsection (f) of such section is amended— 

15 (1) by redesignating paragraphs (1), (2), and (3) 

16 as subparagraphs (A), (B), and (C), respectively; 

17 (2) in subparagraph (C), as so redesignated, by 

18 inserting before the period at the end the following: 

19 ‘‘and of surplus real property at military installa20 tions’’; 

21 (3) by striking ‘‘(f)’’ and all that follows through 

22 ‘‘the following:’’ and inserting the following: 

23 ‘‘(f) ANNUAL REPORTS; EFFECT OF FAILURE TO SUB24 MIT.—(1) Not later than March 15 of each year, the Sec-
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1 retary of Defense shall submit to Congress a report detailing 

2 the following:’’; and 

3 (4) by adding at the end the following new para4 graph: 

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 2869 

19 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 RE6 GION. 

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 para13 graph: 

14 ‘‘(2) Until the report required by this subsection is sub15 mitted to the congressional defense committees, amounts ap16 propriated for the Department of Defense for fiscal year 

17 2006 may not be used for the operation, maintenance, or 

18 repair of housing units for general officers and flag officers 

19 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 Pub4 lic Law 108–375; 118 Stat. 2128), is further amended— 

5 (1) in subsection (a), by striking ‘‘fiscal year 

6 2005’’ and inserting ‘‘fiscal years 2005 and 2006’’; 

7 and 

8 (2) in subsection (d)(2)— 

9 (A) by striking ‘‘during fiscal year 2005’’ 

10 and inserting ‘‘during a fiscal year’’; 

11 (B) by inserting ‘‘for that fiscal year’’ after 

12 ‘‘commence’’; and 

13 (C) by striking ‘‘for fiscal year 2004’’ and 

14 inserting ‘‘for the preceding fiscal year’’. 

15 (b) ADVANCE NOTICE OF PROPOSED OBLIGATION OF

16 FUNDS.—Subsection (b) of such section 2808 is amended— 

17 (1) in the first sentence— 

18 (A) by striking ‘‘Within seven days after’’ 

19 and all that follows through ‘‘are first’’ and in20 serting ‘‘Not later than seven days before the date 

21 on which appropriated funds available for oper22 ation and maintenance will be first’’; and 

23 (B) by striking ‘‘the obligation’’ and insert24 ing ‘‘the proposed obligation’’; 
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1 (2) in paragraph (2), by striking ‘‘are being ob2 ligated’’ and inserting ‘‘will be obligated’’; and 

3 (3) in paragraph (4), by striking ‘‘obligated’’ 

4 and inserting ‘‘to be obligated’’. 

5 (c) QUARTERLY REPORTS; EFFECT OF FAILURE TO

6 SUBMIT.—Subsection (d) of such section 2808 is amended 

7 by striking paragraph (1) and inserting the following new 

8 paragraph: 

9 ‘‘(1) Not later than 30 days after the end of each fiscal10 year quarter during which appropriated funds available for 

11 operation and maintenance are obligated or expended to 

12 carry out construction projects outside the United States, 

13 the Secretary of Defense shall submit to the congressional 

14 committees specified in subsection (f) a report on the world15 wide obligation and expenditure during that quarter of such 

16 appropriated funds for such construction projects. If the re17 port for a fiscal-year quarter is not submitted to such com18 mittees by the required date, appropriated funds available 

19 for operation and maintenance may not be obligated or ex20 pended after that date under the authority of this section 

21 to carry out construction projects outside the United States 

22 until the date on which 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, re9 habilitation, extension, or improvement’’ and insert10 ing ‘‘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, re14 habilitation, extension, or improvement’’ and insert15 ing ‘‘or extension’’. 

16 (b) RULE OF CONSTRUCTION.—The amendments made 

17 by subsection (a) do not trigger the termination of the mor18 atorium on certain improvements at Fort Buchanan, Puer19 to Rico, as provided by subsection (c) of section 1507 of 

20 the Floyd D. Spence National Defense Authorization Act 

21 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 of 

7 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), and 

15 (C), respectively; 

16 (ii) in subparagraph (C), as so redesig17 nated, by striking ‘‘clause (2)’’ and insert18 ing ‘‘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 para24 graph (2) and, in such paragraph, by striking 

25 ‘‘subsection (a)’’ and inserting ‘‘paragraph (1)’’; 
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1 (D) by redesignating subsection (c) as sub2 section (b) and, in such subsection, by inserting 

3 ‘‘ACQUISITION BY PURCHASE IN LIEU OF CON4 DEMNATION.—’’ before ‘‘The Secretary’’; and 

5 (E) by striking subsection (d); 

6 (2) by transferring subsections (a), (b), and (d) 

7 of section 2672 to section 2663 and inserting such 

8 subsections in that order after subsection (b), as redes9 ignated by paragraph (1)(D); 

10 (3) in subsection (a), as transferred by para11 graph (2), by striking ‘‘(a) ACQUISITION AUTHORITY’’ 

12 and inserting ‘‘(c) ACQUISITION OF LOW-COST INTER13 ESTS IN LAND’’; 

14 (4) in subsection (b), as transferred by para15 graph (2)— 

16 (A) by striking ‘‘(b) ACQUISITION OF MUL17 TIPLE PARCELS.—This section’’ and inserting 

18 ‘‘(3) This subsection’’; 

19 (B) by striking ‘‘subsection (a)(1)’’ and in20 serting ‘‘paragraph (1)’’; and 

21 (C) by striking ‘‘subsection (a)(2)’’ and in22 serting ‘‘paragraph (2)’’; 

23 (5) in subsection (d), as transferred by para24 graph (2)— 
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1 (A) by striking ‘‘(d) AVAILABILITY OF

2 FUNDS.—Appropriations’’ and inserting ‘‘(4) 

3 Appropriations’’; and 

4 (B) by striking ‘‘this section’’ and inserting 

5 ‘‘this subsection’’; 

6 (6) by transferring subsections (a), (c), and (b) 

7 of section 2672a to section 2663 and inserting such 

8 subsections in that order after subsection (c), as redes9 ignated and amended by paragraphs (3), (4), and (5); 

10 (7) in subsection (a), as transferred by para11 graph (6)— 

12 (A) by redesignating paragraphs (1), (2), 

13 and (3) as subparagraphs (A), (B), and (C), re14 spectively; and 

15 (B) by striking ‘‘(a) The Secretary’’ and in16 serting ‘‘(d) ACQUISITION OF INTERESTS IN

17 LAND WHEN NEED IS URGENT.—(1) The Sec18 retary’’; 

19 (8) in subsection (c), as transferred by para20 graph (6)— 

21 (A) by striking ‘‘(c)’’ and inserting ‘‘(2)’’; 

22 and 

23 (B) by striking ‘‘this section’’ and inserting 

24 ‘‘this subsection’’; 
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1 (9) in subsection (b), as transferred by para2 graph (6)— 

3 (A) by striking ‘‘(b)’’ and inserting ‘‘(3)’’; 

4 (B) by striking ‘‘this section’’ in the first 

5 sentence and inserting ‘‘this subsection’’; and 

6 (C) by striking the second sentence; 

7 (10) by transferring subsection (b) of section 

8 2676 to section 2663 and inserting such subsection 

9 after subsection (d), as redesignated and amended by 

10 paragraphs (7), (8), and (9); and 

11 (11) in subsection (b), as transferred by para12 graph (10), by striking ‘‘(b) Authority’’ and inserting 

13 ‘‘(e) SURVEY AUTHORITY; ACQUISITION METHODS.— 

14 Authority’’. 

15 (b) LIMITATIONS ON ACQUISITION AUTHORITY.—Sec16 tion 2676 of such title, as amended by subsection (a)(10), 

17 is further amended— 

18 (1) in subsection (a)— 

19 (A) by inserting ‘‘AUTHORIZATION FOR AC20 QUISITION REQUIRED.—’’ before ‘‘No military 

21 department’’; and 

22 (B) by striking ‘‘, as amended’’; 

23 (2) in subsection (c)— 

24 (A) in paragraph (1), by inserting ‘‘COST

25 LIMITATIONS.—’’ before ‘‘(1)’’; 
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1 (B) in paragraph (2)— 

2 (i) by striking ‘‘A land’’ and inserting 

3 ‘‘Until subsection (d) is complied with, a 

4 land’’; and 

5 (ii) by striking ‘‘lesser,’’ and all that 

6 follows through the period at the end and 

7 inserting ‘‘lesser.’’; 

8 (3) in subsection (d), by inserting ‘‘CONGRES9 SIONAL NOTIFICATION.—’’ before ‘‘The limitations’’; 

10 and 

11 (4) in subsection (e), by inserting ‘‘PAYMENT OF

12 JUDGEMENTS AND SETTLEMENTS.—’’ before ‘‘The 

13 Secretary’’. 

14 (c) TRANSFER AND REDESIGNATION OF REVISED LIMI15 TATION SECTION.—Section 2676 of such title, as amended 

16 by subsections (a)(10) and (b)— 

17 (1) is inserted after section 2663 of such title, as 

18 amended by subsection (a); and 

19 (2) is amended by striking the section heading 

20 and inserting the following new section heading: 

21 ‘‘§ 2664. Limitations on real property acquisition’’. 

22 (d) INCLUSION OF LIMITATION ON LAND ACQUISITION

23 COMMISSIONS.—Subsection (c) of section 2661 of such title 

24 is transferred to section 2664 of such title, as redesignated 
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1 by subsection (c)(2), is inserted after subsection (a) of such 

2 redesignated section, and is redesignated as subsection (b). 

3 (e) CONFORMING REPEALS.—Sections 2672 and 2672a 

4 of such title are repealed. 

5 (f) CLERICAL AMENDMENTS.—The table of sections at 

6 the beginning of chapter 159 of such title is amended— 

7 (1) by striking the items relating to sections 

8 2663, 2672, 2672a, and 2676; and 

9 (2) by inserting after the item relating to section 

10 2662 the following new items: 

‘‘2663. Land acquisition authorities. 

‘‘2664. Limitations on real property acquisition.’’. 

11 SEC. 2812. REPORT ON USE OF UTILITY SYSTEM CONVEY12 ANCE AUTHORITY AND TEMPORARY SUSPEN13 SION OF AUTHORITY PENDING REPORT. 

14 (a) REPORT ON USE OF AUTHORITY.—Subsection (e) 

15 of section 2688 of title 10, United States Code, is amend16 ed— 

17 (1) by redesignating paragraphs (1) and (2) as 

18 subparagraphs (A) and (B), respectively; 

19 (2) by striking ‘‘QUARTERLY REPORT.—’’ and 

20 inserting ‘‘REPORTING REQUIREMENTS.—(1)’’; and 

21 (3) by adding at the end the following new para22 graph: 

23 ‘‘(2) Not later than March 15, 2006, the Secretary of 

24 Defense shall submit to Congress a report containing— 
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1 ‘‘(A) a discussion of the methodology by which a 

2 military department conducts the economic analyses 

3 of proposed utility system conveyances under this sec4 tion, including the economic analysis referred to in 

5 this subsection, and any guidance issued by the De6 partment of Defense related to conducting such eco7 nomic analyses; 

8 ‘‘(B) a list of the steps taken to ensure the reli9 ability of completed economic analyses, including 

10 post-conveyance reviews of actual costs and savings to 

11 the United States versus the costs and savings antici12 pated in the economic analyses; 

13 ‘‘(C) a review of the costs and savings to the 

14 United States resulting from each utility system con15 veyance carried out under this section; 

16 ‘‘(D) a discussion of the requirement for consid17 eration equal to the fair market value of a conveyed 

18 utility system, as specified in subsection (c), and any 

19 guidance issued by the Department of Defense related 

20 to implementing that requirement, and the effect of 

21 that requirement and guidance on the costs and sav22 ings to the United States resulting from procuring by 

23 contract the utility services provided by the utility 

24 system; 
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1 ‘‘(E) a discussion of the effects that permanent 

2 conveyance of ownership in a utility system may have 

3 on the ability of the Secretary concerned to renego4 tiate contracts for utility services provided by the 

5 utility system or to procure such services from an6 other source; 

7 ‘‘(F) a discussion of the efforts and direction 

8 within the Department of Defense to oversee the im9 plementation and use of the utility system conveyance 

10 authority under this section and to ensure the ade11 quacy of utilities services for a military installation 

12 after conveyance of a utility system; and 

13 ‘‘(G) a discussion of the effect of utility system 

14 conveyances on the operating budgets of military in15 stallations at which the conveyances were made.’’. 

16 (b) SUSPENSION OF AUTHORITY.—Such section is fur17 ther amended by adding at the end the following new sub18 section: 

19 ‘‘(j) TEMPORARY SUSPENSION OF CONVEYANCE AU20 THORITY.—The Secretary concerned may not convey a util21 ity system, including any part of a utility system, under 

22 subsection (a) or make a contribution under subsection (g) 

23 toward the cost of construction, repair, or replacement of 

24 a utility system by another entity until the later of the fol25 lowing dates: 
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1 ‘‘(1) The date of the enactment of an Act author2 izing funds for military construction for fiscal year 

3 2007. 

4 ‘‘(2) The date that is one year after the date of 

5 the submission of the report required by subsection 

6 (e)(2).’’. 

7 SEC. 2813. AUTHORIZED MILITARY USES OF PAPAGO PARK 

8 MILITARY RESERVATION, PHOENIX, ARIZONA. 

9 The Act of April 7, 1930 (Chapter 107; 46 Stat. 142), 

10 is amended in the first designated paragraph, relating to 

11 the Papago Park Military Reservation, by striking ‘‘as a 

12 rifle range’’. 

13 Subtitle C—Base Closure and 

14 Realignment 

15 SEC. 2821. ADDITIONAL REPORTING REQUIREMENTS RE16 GARDING BASE CLOSURE PROCESS AND USE 

17 OF DEPARTMENT OF DEFENSE BASE CLO18 SURE ACCOUNTS. 

19 (a) INFORMATION ON FUTURE RECEIPTS AND EX20 PENDITURES.— 

21 (1) 1990 ACCOUNT.—Section 2906(c)(1) of the 

22 Defense Base Closure and Realignment Act of 1990 

23 (part A of title XXIX of Public Law 101–510; 10 

24 U.S.C. 2687 note) is amended— 

25 (A) in subparagraph (A)— 
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1 (i) by striking ‘‘committees of the 

2 amount’’ and inserting ‘‘committees of— 

3 ‘‘(i) the amount’’; 

4 (ii) by striking ‘‘such fiscal year and 

5 of the amount’’ and inserting ‘‘such fiscal 

6 year; 

7 ‘‘(ii) the amount’’; and 

8 (iii) by striking ‘‘such fiscal year.’’ 

9 and inserting ‘‘such fiscal year; 

10 ‘‘(iii) the amount and nature of anticipated de11 posits to be made into, and the anticipated expendi12 tures to be made from, the Account during the first 

13 fiscal year commencing after the submission of the re14 port; and 

15 ‘‘(iv) the amount and nature of anticipated ex16 penditures to be made made pursuant to section 

17 2905(a) during the first fiscal year commencing after 

18 the submission of the report.’’; and 

19 (B) in subparagraph (B)— 

20 (i) in clause (i), by inserting ‘‘and in21 stallation’’ after ‘‘subaccount’’; and 

22 (ii) by adding at the end the following 

23 new clause: 

24 ‘‘(v) An estimate of the net revenues to be re25 ceived from property disposals to be completed during 
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1 the first fiscal year commencing after the submission 

2 of the report at military installations the date of ap3 proval of closure or realignment of which is before 

4 January 1, 2005.’’. 

5 (2) 2005 ACCOUNT.—Section 2906A(c)(1) of such 

6 Act is amended— 

7 (A) in subparagraph (A)— 

8 (i) by striking ‘‘committees of the 

9 amount’’ and inserting ‘‘committees of— 

10 ‘‘(i) the amount’’; 

11 (ii) by striking ‘‘such fiscal year and 

12 of the amount’’ and inserting ‘‘such fiscal 

13 year; 

14 ‘‘(ii) the amount’’; and 

15 (iii) by striking ‘‘such fiscal year.’’ 

16 and inserting ‘‘such fiscal year; 

17 ‘‘(iii) the amount and nature of anticipated de18 posits to be made into, and the anticipated expendi19 tures to be made from, the Account during the first 

20 fiscal year commencing after the submission of the re21 port; and 

22 ‘‘(iv) the amount and nature of anticipated ex23 penditures to be made made pursuant to section 

24 2905(a) during the first fiscal year commencing after 

25 the submission of the report.’’; and 
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1 (B) in subparagraph (B)— 

2 (i) in clause (i), by inserting ‘‘and in3 stallation’’ after ‘‘subaccount’’; and 

4 (ii) by adding at the end the following 

5 new clause: 

6 ‘‘(v) An estimate of the net revenues to be re7 ceived from property disposals to be completed during 

8 the first fiscal year commencing after the submission 

9 of the report at military installations the date of ap10 proval of closure or realignment of which is after 

11 January 1, 2005.’’. 

12 (b) INFORMATION ON BRAC PROCESS.—Section 2907 

13 of such Act is amended— 

14 (1) by striking ‘‘fiscal year 1993’’ and inserting 

15 ‘‘fiscal year 2007’’; 

16 (2) by striking ‘‘and’’ at the end of paragraph 

17 (1); 

18 (3) by striking the period at the end of para19 graph (2) and inserting a semicolon; and 

20 (4) by adding at the end the following new para21 graphs: 

22 ‘‘(3) a description of the closure or realignment 

23 actions already carried out at each military installa24 tion since the date of the installation’s approval for 

25 closure or realignment under this part and the cur-
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1 rent status of the closure or realignment of the instal2 lation, including whether— 

3 ‘‘(A) a redevelopment authority has been 

4 recognized by the Secretary for the installation; 

5 ‘‘(B) the screening of property at the instal6 lation for other Federal use has been completed; 

7 and 

8 ‘‘(C) a redevelopment plan has been agreed 

9 to by the redevelopment authority for the instal10 lation; 

11 ‘‘(4) a description of redevelopment plans for 

12 military installations approved for closure or realign13 ment under this part, the quantity of property re14 maining to be disposed of at each installation as part 

15 of its closure or realignment, and the quantity of 

16 property already disposed of at each installation; 

17 ‘‘(5) a list of the Federal agencies that have re18 quested property during the screening process for each 

19 military installation approved for closure or realign20 ment under this part, including the date of transfer 

21 or anticipated transfer of the property to such agen22 cies, the acreage involved in such transfers, and an 

23 explanation for any delays in such transfers; 

24 ‘‘(6) a list of known environmental remediation 

25 issues at each military installation approved for clo-
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1 sure or realignment under this part, including the 

2 acreage affected by these issues, an estimate of the cost 

3 to complete such environmental remediation, and the 

4 plans (and timelines) to address such environmental 

5 remediation; and 

6 ‘‘(7) an estimate of the date for the completion 

7 of all closure or realignment actions at each military 

8 installation approved for closure or realignment 

9 under this part.’’. 

10 SEC. 2822. TERMINATION OF PROJECT AUTHORIZATIONS 

11 FOR MILITARY INSTALLATIONS APPROVED 

12 FOR CLOSURE IN 2005 ROUND OF BASE RE13 ALIGNMENTS AND CLOSURES. 

14 (a) PROJECT TERMINATION.—If a military installa15 tion is approved for closure in 2005 under the Defense Base 

16 Closure and Realignment Act of 1990 (part A of title XXIX 

17 of Public Law 101–510; 10 U.S.C. 2687 note), any author18 ization for a military construction project, land acquisi19 tion, or family housing project that is related to that instal20 lation and contained in title XXI, XXII, XXIII, or XXIV 

21 of this Act or in an Act authorizing funds for a prior fiscal 

22 year for military construction projects, land acquisition, 

23 and family housing projects (and authorizations of appro24 priations therefor) shall terminate and no longer constitute 

25 authority under section 2676, 2802, 2821, or 2822 of title 
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1 10, United States Code, to carry out the military construc2 tion project, land acquisition, or family housing project. 

3 (b) EXCEPTION.—Subsection (a) shall not apply to au4 thorizations for military construction projects, land acqui5 sition, or family housing projects (and authorizations of ap6 propriations therefor) for which appropriated funds have 

7 been obligated before the date of approval of the military 

8 installation for closure under the Defense Base Closure and 

9 Realignment Act of 1990. In this subsection, the term ‘‘date 

10 of approval’’ has the meaning given that term in section 

11 2910(8) of such Act. 

12 SEC. 2823. EXPANDED AVAILABILITY OF ADJUSTMENT AND 

13 DIVERSIFICATION ASSISTANCE FOR COMMU14 NITIES ADVERSELY AFFECTED BY MISSION 

15 REALIGNMENTS IN BASE CLOSURE PROCESS. 

16 (a) ELIGIBILITY REQUIREMENTS.—Subsection (b)(3) 

17 of section 2391 of title 10, United States Code, is amend18 ed— 

19 (1) by striking ‘‘significantly reduced operations 

20 of a defense facility’’ and inserting ‘‘realignment of a 

21 military installation’’; 

22 (2) by striking ‘‘cancellation,’’ and inserting 

23 ‘‘closure or realignment, cancellation or’’; and 
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1 (3) by striking ‘‘community’’ and all that follows 

2 through the period at the end and inserting ‘‘commu3 nity or its residents.’’. 

4 (b) ADDITION OF DEFINITION OF REALIGNMENT.— 

5 Subsection (d) of such section is amended by adding at the 

6 end the following new paragraph: 

7 ‘‘(4) The term ‘realignment’ has the meaning 

8 given that term in section 2910(5) of the Defense Base 

9 Closure and Realignment Act of 1990 (part A of title 

10 XXIX of Public Law 101–510; 10 U.S.C. 2687 

11 note).’’. 

12 SEC. 2824. SENSE OF CONGRESS REGARDING CONSIDER13 ATION OF NATIONAL DEFENSE INDUSTRIAL 

14 BASE INTERESTS DURING BASE CLOSURE 

15 AND REALIGNMENT COMMISSION REVIEW OF 

16 DEPARTMENT OF DEFENSE BASE CLOSURE 

17 AND REALIGNMENT RECOMMENDATIONS. 

18 It is the sense of Congress that national defense indus19 trial base interests, including the relationships between 

20 military installations and proximate commercial facilities 

21 and the maintenance of, and accessibility to, skills and 

22 knowledge critical to military installations and their oper23 ation, are an integral part of military value, and should 

24 be given full consideration by the Base Closure and Realign25 ment Commission when it conducts its review and analysis 
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1 of the recommendations made by the Secretary of Defense 

2 regarding the closure or realignment of military installa3 tions. 

4 Subtitle D—Land Conveyances 

5 PART 1—ARMY CONVEYANCES 

6 SEC. 2831. MODIFICATION OF LAND CONVEYANCE, ENGI7 NEER PROVING GROUND, FORT BELVOIR, VIR8 GINIA. 

9 (a) CONSIDERATION.—Subsection (b)(4) of section 

10 2836 of the Military Construction Authorization Act for 

11 Fiscal Year 2002 (division B of Public Law 107–107; 115 

12 Stat. 1314) is amended by striking ‘‘, jointly determined’’ 

13 and all that follows through ‘‘Ground’’ and inserting ‘‘equal 

14 to $3,880,000’’. 

15 (b) REPLACEMENT OF FIRE STATION.—Subsection (d) 

16 of such section is amended— 

17 (1) in paragraph (1)— 

18 (A) by striking ‘‘Building 5089’’ and insert19 ing ‘‘Building 191’’; and 

20 (B) by striking ‘‘paragraphs (2) and (3)’’ 

21 and inserting ‘‘paragraph (2)’’; 

22 (2) in paragraph (2), by striking ‘‘Building 

23 5089’’ and inserting ‘‘Building 191’’; and 

24 (3) by striking paragraph (3). 
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1 SEC. 2832. LAND CONVEYANCE, ARMY RESERVE CENTER, 

2 BOTHELL, WASHINGTON. 

3 (a) CONVEYANCE AUTHORIZED.—Subject to subsection 

4 (c), the Secretary of the Army may convey to the Snohomish 

5 County Fire Protection District #10 (in this section re6 ferred to as the ‘‘Fire District’’) all right, title, and interest 

7 of the United States in and to a parcel of real property 

8 consisting of approximately one acre at the Army Reserve 

9 Center in Bothell, Washington, and currently occupied, in 

10 part, by the Queensborough Firehouse for the purpose of 

11 supporting the provision of fire and emergency medical aid 

12 services. 

13 (b) IN-KIND CONSIDERATION.—As consideration for 

14 the conveyance under subsection (a), the Fire District shall 

15 provide in-kind consideration acceptable to the Secretary 

16 with a total value equal to not less than the fair market 

17 value of the conveyed real property, as determined by the 

18 Secretary. 

19 (c) REVERSIONARY INTEREST.—If the Secretary deter20 mines at any time that the real property conveyed under 

21 subsection (a) is not being used in accordance with the pur22 pose of the conveyance specified in such subsection, all right, 

23 title, and interest in and to all or any portion of the prop24 erty shall revert, at the option of the Secretary, to the 

25 United States, and the United States shall have the right 

26 of immediate entry onto the property. Any determination 
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1 of the Secretary under this subsection shall be made on the 

2 record after an opportunity for a hearing. 

3 (d) PAYMENT OF COSTS OF CONVEYANCE.— 

4 (1) PAYMENT REQUIRED.—The Secretary shall 

5 require the Fire District to cover costs to be incurred 

6 by the Secretary, or to reimburse the Secretary for 

7 costs incurred by the Secretary, to carry out the con8 veyance under subsection (a), including survey costs, 

9 costs related to environmental documentation, and 

10 other administrative costs related to the conveyance. 

11 If amounts are collected from the Fire District in ad12 vance of the Secretary incurring the actual costs, and 

13 the amount collected exceeds the costs actually in14 curred by the Secretary to carry out the conveyance, 

15 the Secretary shall refund the excess amount to the 

16 Fire District. 

17 (2) TREATMENT OF AMOUNTS RECEIVED.— 

18 Amounts received as reimbursement under paragraph 

19 (1) shall be credited to the fund or account that was 

20 used to cover the costs incurred by the Secretary in 

21 carrying out the conveyance. Amounts so credited 

22 shall be merged with amounts in such fund or ac23 count, and shall be available for the same purposes, 

24 and subject to the same conditions and limitations, as 

25 amounts in such fund or account. 
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1 (e) EXEMPTION FROM FEDERAL SCREENING.—The 

2 conveyance authorized by subsection (a) is exempt from the 

3 requirement to screen the property for other Federal use 

4 pursuant to sections 2693 and 2696 of title 10, United 

5 States Code. 

6 (f) DESCRIPTION OF PROPERTY.—The exact acreage 

7 and legal description of the real property to be conveyed 

8 under subsection (a) shall be determined by a survey satis9 factory to the Secretary. 

10 (g) ADDITIONAL TERMS AND CONDITIONS.—The Sec11 retary may require such additional terms and conditions 

12 in connection with the conveyance under subsection (a) as 

13 the Secretary considers appropriate to protect the interests 

14 of the United States. 

15 PART 2—NAVY CONVEYANCES 

16 SEC. 2841. LAND CONVEYANCE, MARINE CORPS AIR STA17 TION, MIRAMAR, SAN DIEGO, CALIFORNIA. 

18 (a) CONVEYANCE AUTHORIZED.—Subject to subsection 

19 (c), the Secretary of the Navy may convey to the County 

20 of San Diego, California (in this section referred to as the 

21 ‘‘County’’ ), all right, title, and interest of the United States 

22 in and to a parcel of real property, including any improve23 ments thereon and appurtenant easements thereto, con24 sisting of approximately 230 acres along the eastern bound25 ary of Marine Corps Air Station, Miramar, California, for 
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1 the purpose of removing the property from the boundaries 

2 of the installation and permitting the County to preserve 

3 the property as public open space and reopen the tract 

4 known as the Stowe Trail to public use. 

5 (b) CONSIDERATION.— 

6 (1) IN-KIND CONSIDERATION.—As consideration 

7 for the conveyance under subsection (a), the County 

8 shall provide in-kind consideration with a total value 

9 equal to not less than the fair market value of the 

10 conveyed real property, as determined by the Sec11 retary. 

12 (2) TYPES OF CONSIDERATION.—The in-kind 

13 consideration provided by the County shall be in a 

14 form and quantity that is acceptable to the Secretary, 

15 and may include the following forms of in-kind con16 sideration: 

17 (A) Maintenance, protection, alteration, re18 pair, improvement, or restoration (including en19 vironmental restoration) of property or facilities 

20 under the control of the Secretary. 

21 (B) Construction of new facilities for the 

22 Secretary. 

23 (C) Provision of facilities for use by the 

24 Secretary. 
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1 (D) Facilities operation support for the Sec2 retary. 

3 (E) Provision of such other services as the 

4 Secretary considers appropriate. 

5 (3) RELATION TO OTHER LAWS.—Sections 2662 

6 and 2802 of title 10, United states Code, shall not 

7 apply to any new facilities whose construction is ac8 cepted as in-kind consideration under this subsection. 

9 (c) REVERSIONARY INTEREST.—If the Secretary deter10 mines at any time that the County is not using the property 

11 conveyed under subsection (a) in accordance with the pur12 pose of the conveyance specified in such subsection, all right, 

13 title, and interest in and to the property, including any 

14 improvements thereon, shall revert, at the option of the Sec15 retary, to the United States, and the United States shall 

16 have the right of immediate entry onto the property. Any 

17 determination of the Secretary under this subsection shall 

18 be made on the record after an opportunity for a hearing. 

19 (d) RELEASE OF REVERSIONARY INTEREST.—The Sec20 retary shall release, without consideration, the reversionary 

21 interest retained by the United States under subsection (c) 

22 if— 

23 (1) Marine Corps Air Station, Miramar, is no 

24 longer being used for Department of Defense activi25 ties; or 
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1 (2) the Secretary determines that the rever2 sionary interest is otherwise unnecessary to protect 

3 the interests of the United States. 

4 (e) PAYMENT OF COSTS OF CONVEYANCE.— 

5 (1) PAYMENT REQUIRED.—The Secretary shall 

6 require the County to cover costs to be incurred by the 

7 Secretary, or to reimburse the Secretary for costs in8 curred by the Secretary, to carry out the conveyance 

9 under subsection (a) and implement the receipt of in10 kind consideration under subsection (b), including 

11 appraisal costs, survey costs, costs related to environ12 mental documentation, and other administrative costs 

13 related to the conveyance and receipt of in-kind con14 sideration. 

15 (2) TREATMENT OF AMOUNTS RECEIVED.—Sec16 tion 2695(c) of title 10, United States Code, shall 

17 apply to any amounts received by the Secretary 

18 under paragraph (1). If amounts are received from 

19 the County in advance of the Secretary incurring the 

20 actual costs, and the amount received exceeds the costs 

21 actually incurred by the Secretary under this section, 

22 the Secretary shall refund the excess amount to the 

23 County. 

24 (f) DESCRIPTION OF PROPERTY.—The exact acreage 

25 and legal description of the real property to be conveyed 
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1 by the Secretary under subsection (a) shall be determined 

2 by a survey satisfactory to the Secretary. 

3 (g) EXEMPTIONS.—Section 2696 of title 10, United 

4 States Code, does not apply to the conveyance authorized 

5 by subsection (a), and the authority to make the conveyance 

6 shall not be considered to render the property excess or un7 derutilized. 

8 (h) ADDITIONAL TERMS AND CONDITIONS.—The Sec9 retary may require such additional terms and conditions 

10 in connection with the conveyance under this section as the 

11 Secretary considers appropriate to protect the interests of 

12 the United States. 

13 PART 3—AIR FORCE 

14 CONVEYANCES 

15 SEC. 2851. PURCHASE OF BUILD-TO-LEASE FAMILY HOUS16 ING, EIELSON AIR FORCE BASE, ALASKA. 

17 (a) AUTHORITY TO PURCHASE.—After the expiration 

18 of the contract for the lease of a 300-unit military family 

19 housing project at Eielson Air Force Base, Alaska, that was 

20 entered into by the Secretary under the authority of former 

21 subsection (g) of section 2828 of title 10, United States Code 

22 (now section 2835 of such title), as added by section 801 

23 of the Military Construction Authorization Act, 1984 (Pub24 lic Law 98–115; 97 Stat. 782), the Secretary of the Air 

25 Force may purchase the entire interest of the developer in 
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1 the military family housing project if the Secretary deter2 mines that the purchase of the project is in the best economic 

3 interests of the Air Force. 

4 (b) CONSIDERATION.—The consideration paid by the 

5 Secretary to purchase the interest of the developer in the 

6 military family housing project under subsection (a) may 

7 not exceed the fair market value of the military family hous8 ing project, as determined by the Secretary. 

9 (c) CONGRESSIONAL NOTIFICATION.—If a decision is 

10 made to purchase the interest of the developer in the mili11 tary family housing project under subsection (a), the Sec12 retary shall submit a report to the congressional defense 

13 committees on that decision. The report shall include— 

14 (1) the economic analyses used by the Secretary 

15 to determine that purchase of the military family 

16 housing project is in the best economic interests of the 

17 Air Force, as required by subsection (a); and 

18 (2) a schedule for, and an estimate of the costs 

19 and nature of, any renovations or repairs that will 

20 be necessary to ensure that all units in the military 

21 family housing project meet current housing stand22 ards. 

23 (d) PURCHASE DELAY.—A contract to effectuate the 

24 purchase authorized by subsection (a) may be entered into 

25 by the Secretary only after the end of the 30-day period 
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1 beginning on the date the report required by subsection (c) 

2 is received by the congressional defense committees or, if 

3 earlier, the end of the 21-day period beginning on the date 

4 on which a copy of the report is provided in an electronic 

5 medium pursuant to section 480 of title 10, United States 

6 Code. 

7 SEC. 2852. LAND CONVEYANCE, AIR FORCE PROPERTY, 

8 JACKSONVILLE, ARKANSAS. 

9 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

10 Air Force may convey to the City of Jacksonville, Arkansas 

11 (in this section referred to as the ‘‘City’’), all right, title, 

12 and interest of the United States in and to real property 

13 consisting of approximately 45.024 acres around an exist14 ing short line railroad in Pulaski County, Arkansas. 

15 (b) CONSIDERATION.—As consideration for the convey16 ance under subsection (a), the City shall pay to the United 

17 States an amount equal to the fair market value of the con18 veyed real property, as established by the assessment of the 

19 property conducted under contract for the Corps of Engi20 neers and dated 15 September 2003. 

21 (c) CONDITION OF CONVEYANCE.—The conveyance 

22 under subsection (a) shall be subject to the lease agreement 

23 dated October 29, 1982, as amended, between the Secretary 

24 and the Missouri Pacific Railroad Company (and its suc25 cessors and assigns) and any other easement, lease, condi-
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1 tion, or restriction of record, including streets, roads, high2 ways, railroads, pipelines, and public utilities, insofar as 

3 the easement, lease, condition, or restriction is in existence 

4 on the date of the enactment of this Act and lawfully affects 

5 the conveyed property. 

6 (d) PAYMENT OF COSTS OF CONVEYANCE.— 

7 (1) PAYMENT REQUIRED.—The Secretary shall 

8 require the City to cover costs to be incurred by the 

9 Secretary, or to reimburse the Secretary for costs in10 curred by the Secretary, to carry out the conveyance 

11 under subsection (a), including survey costs, costs re12 lated to environmental documentation, and other ad13 ministrative costs related to the conveyance. If 

14 amounts are collected from the City in advance of the 

15 Secretary incurring the actual costs, and the amount 

16 collected exceeds the costs actually incurred by the 

17 Secretary to carry out the conveyance, the Secretary 

18 shall refund the excess amount to the City. 

19 (2) TREATMENT OF AMOUNTS RECEIVED.— 

20 Amounts received as reimbursement under paragraph 

21 (1) shall be credited to the fund or account that was 

22 used to cover the costs incurred by the Secretary in 

23 carrying out the conveyance. Amounts so credited 

24 shall be merged with amounts in such fund or ac25 count, and shall be available for the same purposes, 
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1 and subject to the same conditions and limitations, as 

2 amounts in such fund or account. 

3 (e) EXEMPTION FROM FEDERAL SCREENING.—The 

4 conveyance authorized by subsection (a) is exempt from the 

5 requirement to screen the property for other Federal use 

6 pursuant to sections 2693 and 2696 of title 10, United 

7 States Code. 

8 (f) DESCRIPTION OF PROPERTY.—The exact acreage 

9 and legal description of the real property to be conveyed 

10 under subsection (a) shall be determined by a survey satis11 factory to the Secretary. 

12 (g) ADDITIONAL TERMS AND CONDITIONS.—The Sec13 retary may require such additional terms and conditions 

14 in connection with the conveyance under subsection (a) as 

15 the Secretary considers appropriate to protect the interests 

16 of the United States. 

17 Subtitle E—Other Matters 

18 SEC. 2861. LEASE AUTHORITY, ARMY HERITAGE AND EDU19 CATION CENTER, CARLISLE, PENNSYLVANIA. 

20 Section 2866 of the National Defense Authorization 

21 Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 

22 1333) is amended— 

23 (1) by redesignating subsection (e) as subsection 

24 (f); and 
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1 (2) by inserting after subsection (d) the following 

2 new subsection (e): 

3 ‘‘(e) LEASE OF FACILITY.—(1) Under such terms and 

4 conditions as the Secretary considers appropriate, the Sec5 retary may lease portions of the facility to the Military 

6 Heritage Foundation to be used by the Foundation, con7 sistent with the agreement referred to in subsection (a), 

8 for— 

9 ‘‘(A) generating revenue for activities of the fa10 cility through rental use by the public, commercial 

11 and nonprofit entities, State and local governments, 

12 and other Federal agencies; and 

13 ‘‘(B) such administrative purposes as may be 

14 necessary for the support of the facility. 

15 ‘‘(2) The annual amount of consideration paid to the 

16 Secretary by the Military Heritage Foundation for a lease 

17 under paragraph (1) may not exceed an amount equal to 

18 the actual cost, as determined by the Secretary, of the an19 nual operations and maintenance of the facility. 

20 ‘‘(3) Amounts paid under paragraph (2) may be used 

21 by the Secretary, in such amounts as provided in advance 

22 in appropriation Acts, to cover the costs of operation of the 

23 facility.’’. 
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1 SEC. 2862. REDESIGNATION OF MCENTIRE AIR NATIONAL 

2 GUARD STATION, SOUTH CAROLINA, AS 

3 MCENTIRE JOINT NATIONAL GUARD BASE. 

4 McEntire Air National Guard Station in Eastover, 

5 South Carolina, shall be known and designated as 

6 ‘‘McEntire Joint National Guard Base’’ in recognition of 

7 the use of the installation to house both Air National Guard 

8 and Army National Guard assets. Any reference to 

9 McEntire Air National Guard Station in any law, regula10 tion, map, document, record, or other paper of the United 

11 States shall be considered to be a reference to McEntire 

12 Joint National Guard Base. 

13 SEC. 2863. ASSESSMENT OF WATER NEEDS FOR PRESIDIO 

14 OF MONTEREY AND ORD MILITARY COMMU15 NITY. 

16 Not later than April 7, 2006, the Secretary of Defense 

17 shall submit to Congress an interim assessment of the cur18 rent and reasonable future needs of the Department of the 

19 Defense for water for the Presidio of Monterey and the Ord 

20 Military Community. 
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1 Division C—Department of Energy 

2 National Security Authoriza3 tions and Other Authorizations 

4 TITLE XXXI—DEPARTMENT OF 

5 ENERGY NATIONAL SECURITY 

6 PROGRAMS 

Subtitle A—National Security Programs Authorizations 

3101. National Nuclear Security Administration. 

3102. Defense environmental management. 

3103. Other defense activities. 

3104. Defense nuclear waste disposal. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

3111. Reliable Replacement Warhead program. 

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

nuclear weapons. 

7 Subtitle A—National Security 

8 Programs Authorizations 

9 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA10 TION. 

11 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

12 hereby authorized to be appropriated to the Department of 

13 Energy for fiscal year 2006 for the activities of the National 

14 Nuclear Security Administration in carrying out programs 

15 necessary for national security in the amount of 

16 $9,100,852,000, to be allocated as follows: 

17 (1) For weapons activities, $6,455,744,000. 

18 (2) For defense nuclear nonproliferation activi19 ties, $1,515,239,000. 
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1 (3) For naval reactors, $786,000,000. 

2 (4) For the Office of the Administrator for Nu3 clear Security, $343,869,000. 

4 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

5 From funds referred to in subsection (a) that are available 

6 for carrying out plant projects, the Secretary of Energy 

7 may carry out, for weapons activities, the following new 

8 plant projects: 

9 Project 06–D–140, project engineering and de10 sign, various locations, $14,113,000. 

11 Project 06–D–160, Facilities and Infrastructure 

12 Recapitalization Program, project engineering and 

13 design, various locations, $5,811,000. 

14 Project 06–D–180, Defense Nuclear Nonprolifera15 tion Program project engineering and design, Na16 tional Security Laboratory, Pacific Northwest Na17 tional Laboratory, $5,000,000. 

18 Project 06–D–401, Central Office Building 2, 

19 Bettis Atomic Power Laboratory, West Mifflin, Penn20 sylvania, $7,000,000. 

21 Project 06–D–402, replace fire stations no. 1 and 

22 no. 2, Nevada Test Site, $8,284,000. 

23 Project 06–D–403, Tritium Facility Moderniza24 tion, Lawrence Livermore National Laboratory, 

25 $2,600,000. 
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1 Project 06–D–404, Building B–3 remediation, 

2 restoration, and upgrade, Nevada Test Site 

3 $16,000,000. 

4 Project 06–D–601, electrical distribution system 

5 upgrade, Pantex Plant, Amarillo, Texas, $4,000,000. 

6 Project 06–D–602, gas main and distribution 

7 system upgrade, Pantex Plant, Amarillo Texas, 

8 $3,700,000. 

9 Project 06–D–603, steam plant life extension 

10 project, Y–12 national security complex, Oak Ridge, 

11 Tennessee, $729,000. 

12 SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT. 

13 Funds are hereby authorized to be appropriated to the 

14 Department of Energy for fiscal year 2006 for environ15 mental management activities in carrying out programs 

16 necessary for national security in the amount of 

17 $6,311,433,000, to be allocated as follows: 

18 (1) For defense site acceleration completion, 

19 $5,480,102,000. 

20 (2) For defense environmental services, 

21 $831,331,000. 

22 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

23 Funds are hereby authorized to be appropriated to the 

24 Department of Energy for fiscal year 2006 for other defense 
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1 activities in carrying out programs necessary for national 

2 security in the amount of $635,998,000. 

3 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 

4 Funds are hereby authorized to be appropriated to the 

5 Department of Energy for fiscal year 2006 for defense nu6 clear waste disposal for payment to the Nuclear Waste Fund 

7 established in section 302(c) of the Nuclear Waste Policy 

8 Act of 1982 (42 U.S.C. 10222(c)) in the amount of 

9 $351,447,000. 

10 Subtitle B—Program Authoriza11 tions, Restrictions, and Limita12 tions 

13 SEC. 3111. RELIABLE REPLACEMENT WARHEAD PROGRAM. 

14 (a) IN GENERAL.—Subtitle A (50 U.S.C. 2521 et seq.) 

15 of title XLVII of the Atomic Energy Defense Act is amended 

16 by adding at the end the following new section: 

17 ‘‘SEC. 4214. RELIABLE REPLACEMENT WARHEAD PROGRAM. 

18 ‘‘(a) PROGRAM REQUIRED.—The Secretary of Energy, 

19 in consultation with the Secretary of Defense, shall carry 

20 out a program, to be known as the Reliable Replacement 

21 Warhead program, to develop reliable replacement compo22 nents that are producible and certifiable for the existing nu23 clear weapons stockpile. 

24 ‘‘(b) OBJECTIVES.—The objectives of the Reliable Re25 placement Warhead program shall be— 
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1 ‘‘(1) to increase the reliability, safety, and secu2 rity of the United States nuclear weapons stockpile; 

3 ‘‘(2) to further reduce the likelihood of the re4 sumption of nuclear testing; 

5 ‘‘(3) to remain consistent with basic design pa6 rameters by using, to the extent practicable, compo7 nents that are well understood or are certifiable with8 out the need to resume underground nuclear testing; 

9 ‘‘(4) to ensure that the United States develops a 

10 nuclear weapons infrastructure that can respond to 

11 unforeseen problems, to include the ability to produce 

12 replacement warheads that are safer to manufacture, 

13 more cost-effective to produce, and less costly to main14 tain than existing warheads; 

15 ‘‘(5) to achieve reductions in the future size of 

16 the nuclear weapons stockpile based on increased reli17 ability of the reliable replacement warheads; 

18 ‘‘(6) to use the design, certification, and produc19 tion expertise resident in the nuclear complex to de20 velop reliable replacement components to fulfill cur21 rent mission requirements of the existing stockpile; 

22 and 

23 ‘‘(7) to serve as a complement to, and potentially 

24 a more cost-effective and reliable long-term replace-
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1 ment for, the current Stockpile Life Extension Pro2 grams.’’. 

3 (b) REPORT.—Not later than March 1, 2007, the Nu4 clear Weapons Council shall submit to the congressional de5 fense committees a report on the feasibility and implemen6 tation of the Reliable Replacement Warhead program re7 quired by section 4214 of the Atomic Energy Defense Act 

8 (as added by subsection (a)). The report shall— 

9 (1) identify existing warheads recommended for 

10 replacement by 2035 with an assessment of the weap11 on performance and safety characteristics of the re12 placement warheads; 

13 (2) discuss the relationship of the Reliable Re14 placement Warhead program within the Stockpile 

15 Stewardship Program and its impact on the current 

16 Stockpile Life Extension Programs; 

17 (3) provide an assessment of the extent to which 

18 a successful Reliable Replacement Warhead program 

19 could lead to reductions in the nuclear weapons stock20 pile; 

21 (4) discuss the criteria by which replacement 

22 warheads under the Reliable Replacement Warhead 

23 program will be designed to maximize the likelihood 

24 of not requiring nuclear testing, as well as the cir25 cumstances that could lead to a resumption of testing; 
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1 (5) provide a description of the infrastructure, 

2 including pit production capabilities, required to sup3 port the Reliable Replacement Warhead program; and 

4 (6) provide a detailed summary of how the funds 

5 made available pursuant to the authorizations of ap6 propriations in this Act, and any funds made avail7 able in prior years, will be used. 

8 (c) INTERIM REPORT.—Not later than March 1, 2006, 

9 the Nuclear Weapons Council shall submit to the congres10 sional defense committees an interim report on the matters 

11 required to be covered by the report under subsection (b). 

12 SEC. 3112. REPORT ON ASSISTANCE FOR A COMPREHEN13 SIVE INVENTORY OF RUSSIAN NONSTRA14 TEGIC NUCLEAR WEAPONS. 

15 (a) FINDINGS.—Congress finds that— 

16 (1) there is an insufficient accounting for, and 

17 insufficient security of, the nonstrategic nuclear 

18 weapons of the Russian Federation; and 

19 (2) because of the dangers posed by that insuffi20 cient accounting and security, it is in the national se21 curity interest of the United States to assist the Rus22 sian Federation in the conduct of a comprehensive in23 ventory of its nonstrategic nuclear weapons. 

24 (b) REPORT.— 
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1 (1) REPORT REQUIRED.—Not later than Novem2 ber 1, 2005, the Secretary of Energy shall submit to 

3 Congress a report containing— 

4 (A) the Secretary’s evaluation of past and 

5 current efforts by the United States to encourage 

6 or facilitate a proper accounting for and secur7 ing of the nonstrategic nuclear weapons of the 

8 Russian Federation; and 

9 (B) the Secretary’s recommendations re10 garding the actions by the United States that are 

11 most likely to lead to progress in improving the 

12 accounting for, and securing of, those weapons. 

13 (2) CONSULTATION WITH SECRETARY OF DE14 FENSE.—The report under paragraph (1) shall be 

15 prepared in consultation with the Secretary of De16 fense. 

17 (3) CLASSIFICATION OF REPORT.—The report 

18 under paragraph (1) shall be in unclassified form, 

19 but may be accompanied by a classified annex. 

20 TITLE XXXII—DEFENSE NU21 CLEAR FACILITIES SAFETY 

22 BOARD 

3201. Authorization. 
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1 SEC. 3201. AUTHORIZATION. 

2 There are authorized to be appropriated for fiscal year 

3 2006, $22,032,000 for the operation of the Defense Nuclear 

4 Facilities Safety Board under chapter 21 of the Atomic En5 ergy Act of 1954 (42 U.S.C. 2286 et seq.). 

6 TITLE XXXIII—NATIONAL 

7 DEFENSE STOCKPILE 

3301. Authorized uses of National Defense Stockpile funds. 

3302. Revision of fiscal year 1999 authority to dispose of certain materials in the 

National Defense Stockpile. 

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

National Defense Stockpile. 

8 SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE 

9 STOCKPILE FUNDS. 

10 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis11 cal year 2006, the National Defense Stockpile Manager may 

12 obligate up to $52,132,000 of the funds in the National De13 fense Stockpile Transaction Fund established under sub14 section (a) of section 9 of the Strategic and Critical Mate15 rials Stock Piling Act (50 U.S.C. 98h) for the authorized 

16 uses of such funds under subsection (b)(2) of such section, 

17 including the disposal of hazardous materials that are envi18 ronmentally sensitive. 

19 (b) ADDITIONAL OBLIGATIONS.—The National Defense 

20 Stockpile Manager may obligate amounts in excess of the 

21 amount specified in subsection (a) if the National Defense 

22 Stockpile Manager notifies Congress that extraordinary or 
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1 emergency conditions necessitate the additional obligations. 

2 The National Defense Stockpile Manager may make the ad3 ditional obligations described in the notification after the 

4 end of the 45-day period beginning on the date on which 

5 Congress receives the notification. 

6 (c) LIMITATIONS.—The authorities provided by this 

7 section shall be subject to such limitations as may be pro8 vided in appropriations Acts. 

9 SEC. 3302. REVISION OF FISCAL YEAR 1999 AUTHORITY TO 

10 DISPOSE OF CERTAIN MATERIALS IN THE NA11 TIONAL DEFENSE STOCKPILE. 

12 (a) REQUIRED RECEIPTS FROM DISPOSALS.—Section 

13 3303(a) of the Strom Thurmond National Defense Author14 ization Act for Fiscal Year 1999 (Public Law 105–261; 50 

15 U.S.C. 98d note), as amended by section 3302 of the Ronald 

16 W. Reagan National Defense Authorization Act for Fiscal 

17 Year 2005 (Public Law 108–375; 118 Stat. 2193), is 

18 amended by striking paragraph (5) and inserting the fol19 lowing new paragraph: 

20 ‘‘(5) $1,000,000,000 by the end of fiscal year 

21 2011.’’. 

22 (b) EFFECT OF AMENDMENT.—The amendment made 

23 by subsection (a) will result in the continued disposal of 

24 certain materials in the National Defense Stockpile after 

25 September 30, 2005, pursuant to the disposal authority pro-
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1 vided by section 3303 of the Strom Thurmond National De2 fense Authorization Act for Fiscal Year 1999, and allow the 

3 National Defense Stockpile Manager to take advantage of 

4 favorable market conditions for the sales of several of the 

5 materials authorized for disposal, such as tungsten ferro, 

6 tungsten metal power, and tungsten ores and concentrates. 

7 SEC. 3303. REVISION OF FISCAL YEAR 2000 AUTHORITY TO 

8 DISPOSE OF CERTAIN MATERIALS IN THE NA9 TIONAL DEFENSE STOCKPILE. 

10 Section 3402(b) of the National Defense Authorization 

11 Act for Fiscal Year 2000 (Public Law 106–65; 50 U.S.C. 

12 98d note), as amended by section 3302 of the National De13 fense Authorization Act for Fiscal Year 2004 (Public Law 

14 108–136; 117 Stat. 1788), is amended by striking para15 graph (4) and inserting the following new paragraph: 

16 ‘‘(4) $550,000,000 by the end of fiscal year 

17 2011.’’. 

18 TITLE XXXIV—NAVAL 

19 PETROLEUM RESERVES 

3401. Authorization of appropriations. 

20 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

21 (a) AMOUNT.—There are hereby authorized to be ap22 propriated to the Secretary of Energy $18,500,000 for fiscal 

23 year 2006 for the purpose of carrying out activities under 
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1 chapter 641 of title 10, United States Code, relating to the 

2 naval petroleum reserves. 

3 (b) PERIOD OF AVAILABILITY.—Funds appropriated 

4 pursuant to the authorization of appropriations in sub5 section (a) shall remain available until expended. 

6 TITLE XXXV—MARITIME 

7 ADMINISTRATION 

3501. Authorization of appropriations for fiscal year 2006. 

3502. Payments for State and regional maritime academies. 

3503. Maintenance and repair reimbursement pilot program. 

3504. Tank vessel construction assistance. 

3505. Improvements to the Maritime Administration vessel disposal program. 

8 SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FIS9 CAL YEAR 2006. 

10 Funds are hereby authorized to be appropriated for fis11 cal year 2006, to be available without fiscal year limitation 

12 if so provided in appropriations Acts, for the use of the De13 partment of Transportation for the Maritime Administra14 tion as follows: 

15 (1) For expenses necessary for operations and 

16 training activities, $113,650,000, of which 

17 $10,000,000 shall be available only for paying reim18 bursement under section 3517 of the National Defense 

19 Authorization Act for Fiscal Year 2004, as amended 

20 by section 3503 of this Act. 

21 (2) For administrative expenses related to loan 

22 guarantee commitments under the program author-
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1 ized by title XI of the Merchant Marine Act, 1936 (46 

2 App. U.S.C. 1271 et seq.), $3,526,000. 

3 (3) For expenses to dispose of obsolete vessels in 

4 the National Defense Reserve Fleet, including provi5 sion of assistance under section 7 of Public Law 92– 

6 402, $21,000,000. 

7 SEC. 3502. PAYMENTS FOR STATE AND REGIONAL MARITIME 

8 ACADEMIES. 

9 (a) ANNUAL PAYMENT.—Section 1304(d)(1)(C)(ii) of 

10 the Merchant Marine Act, 1936 (46 App. U.S.C. 

11 1295c(d)(1)(C)(ii)) is amended by striking ‘‘$200,000’’ and 

12 inserting ‘‘$300,000 for fiscal year 2006, $400,000 for fiscal 

13 year 2007, and $500,000 for fiscal year 2008 and each fis14 cal year thereafter’’. 

15 (b) SCHOOL SHIP FUEL PAYMENT.—Section 

16 1304(c)(2) of the Merchant Marine Act, 1936 (46 App. 

17 U.S.C. 1295c(c)(2)) is amended— 

18 (1) by striking ‘‘The Secretary may pay to any 

19 State maritime academy’’ and inserting ‘‘(A) The 

20 Secretary shall, subject to the availability of appro21 priations, pay to each State maritime academy’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(B) The amount of the payment to a State maritime 

24 academy under this paragraph shall not exceed— 

25 ‘‘(i) $100,000 for fiscal year 2006; 
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1 ‘‘(ii) $200,000 for fiscal year 2007; and 

2 ‘‘(iii) $300,000 for fiscal year 2008 and each fis3 cal year thereafter.’’. 

4 SEC. 3503. MAINTENANCE AND REPAIR REIMBURSEMENT 

5 PILOT PROGRAM. 

6 Section 3517 of the National Defense Authorization 

7 Act for Fiscal Year 2004 (46 U.S.C. 53101 note) is amend8 ed— 

9 (1) in subsection (a)(1) by striking ‘‘may’’ each 

10 place it appears and inserting ‘‘shall’’; 

11 (2) in subsection (a)(2) by striking ‘‘LIMITA12 TION.—The Secretary may not’’ and inserting ‘‘RE13 QUIREMENT OF AGREEMENT.—The Secretary shall, 

14 subject to the availability of appropriations,’’; 

15 (3) in subsection (d)(2) by striking ‘‘80 percent 

16 of’’; and 

17 (4) by amending subsection (g) to read as fol18 lows: 

19 ‘‘(g) ANNUAL REPORT.—The Secretary shall submit a 

20 report to the Congress each year on the program under this 

21 section. The report shall include a listing of future inspec22 tion schedules for all vessels included in the Maritime Secu23 rity Fleet established by chapter 531 of title 46, United 

24 States Code.’’. 
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1 SEC. 3504. TANK VESSEL CONSTRUCTION ASSISTANCE. 

2 (a) REQUIREMENT TO ENTER CONTRACTS.—Section 

3 3543(a) of the National Defense Authorization Act for Fis4 cal Year 2004 (46 U.S.C. 53101 note) is amended by strik5 ing ‘‘may’’ and inserting ‘‘shall, to the extent of the avail6 ability of appropriations,’’. 

7 (b) AMOUNT OF ASSISTANCE.—Section 3543(b) of the 

8 National Defense Authorization Act for Fiscal Year 2004 

9 (46 U.S.C. 53101 note) is amended by striking ‘‘up to 75 

10 percent of’’. 

11 SEC. 3505. IMPROVEMENTS TO THE MARITIME ADMINISTRA12 TION VESSEL DISPOSAL PROGRAM. 

13 (a) COMPREHENSIVE MANAGEMENT PLAN.— 

14 (1) REQUIREMENT TO DEVELOP PLAN.—The Sec15 retary of Transportation shall prepare, publish, and 

16 submit to the Congress by not later than 120 days 

17 after the date of the enactment of this Act a com18 prehensive plan for management of the vessel disposal 

19 program of the Maritime Administration in accord20 ance with the recommendations made in the Govern21 ment Accountability Office in report number GAO– 

22 05–264, dated March 2005. 

23 (2) CONTENTS OF PLAN.—The plan shall— 

24 (A) include a strategy and implementation 

25 plan for disposal of obsolete Maritime Adminis26 tration vessels (including vessels added to the 
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1 fleet after the enactment of this Act) in a timely 

2 manner, maximizing the use of all available dis3 posal methods, including dismantling, use for ar4 tificial reefs, donation, and Navy training exer5 cises; 

6 (B) identify and describe the funding and 

7 other resources necessary to implement the plan, 

8 and specific milestones for disposal of vessels 

9 under the plan; 

10 (C) establish performance measures to track 

11 progress toward achieving the goals of the pro12 gram, including the expeditious disposal of ships 

13 commencing upon the date of the enactmemt of 

14 this Act; 

15 (D) develop a formal decisionmaking frame16 work for the program; and 

17 (E) identify external factors that could im18 pede successful implementation of the plan, and 

19 describe steps to be taken to mitigate the effects 

20 of such factors. 

21 (b) IMPLEMENTATION OF MANAGEMENT PLAN.— 

22 (1) REQUIREMENT TO IMPLEMENT.—The Sec23 retary shall implement the vessel disposal program of 

24 the Maritime Administration in accordance with— 
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1 (A) the management plan submitted under 

2 subsection (a); and 

3 (B) the requirements set forth in paragraph 

4 (2). 

5 (2) UTILIZATION OF DOMESTIC SOURCES.—In 

6 the procurement of services under the vessel disposal 

7 program of the Maritime Administration, the Sec8 retary shall— 

9 (A) use full and open competition; and 

10 (B) utilize domestic sources to the max11 imum extent practicable. 

12 (c) FAILURE TO SUBMIT PLAN.— 

13 (1) PRIVATE MANAGEMENT CONTRACT FOR DIS14 POSAL OF MARITIME ADMINISTRATION VESSELS.—The 

15 Secretary of Transportation, subject to the avail16 ability of appropriations, shall promptly award a 

17 contract using full and open competition to expedi18 tiously implement all aspects of disposal of obsolete 

19 vessels of the Maritime Administration. 

20 (2) APPLICATION.—This subsection shall apply 

21 beginning 120 days after the date of the enactment of 

22 this Act, unless the Secretary of Transportation has 

23 submitted to the Congress the comprehensive plan re24 quired under subsection (a) 
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1 (d) TEMPORARY AUTHORITY TO TRANSFER OBSOLETE

2 COMBATANT VESSELS TO NAVY FOR DISPOSAL.—The Sec3 retary of Transportation shall, subject to the availability 

4 of appropriations and consistent with section 1535 of title 

5 31, United States Code, popularly known as the Economy 

6 Act, transfer to the Secretary of the Navy during fiscal year 

7 2006 for disposal by the Navy, no fewer than 4 combatant 

8 vessels in the nonretention fleet of the Maritime Adminis9 tration that are acceptable to the Secretary of the Navy. 

Amend the title so as to read: ‘‘A bill 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.’’. 

Union Calendar No. 47 

109TH CONGRESS 

1ST SESSION H. R. 1815 

[Report No. 109–89] 

A BILL 

To authorize appropriations for fiscal year 2006 for 

cal year 2006, and for other purposes. to prescribe military personnel strengths for fismilitary activities of the Department of Defense, 

MAY 20, 2005 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and or-