In the Senate of the United States,

November 15, 2005.

Resolved, That the bill from the House of Representatives (H.R. 1815) entitled ‘‘An Act to authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, for military construction, and for defense

activities of the Department of Energy, to prescribe military

personnel strengths for such fiscal year, and for other purposes.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘National Defense Au3 thorization Act for Fiscal Year 2006’’.
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1 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF

2 CONTENTS.

3 (a) DIVISIONS.—This Act is organized into three divi4 sions as follows:

5 (1) Division A—Department of Defense Author6 izations.

7 (2) Division B—Military Construction Author8 izations.

9 (3) Division C—Department of Energy National

10 Security Authorizations and Other Authorizations.

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

12 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.

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

Subtitle B—Army Programs

Sec. 111. Multiyear procurement authority for AH–64D Apache attack helicopter

block II conversions.

Sec. 112. Multiyear procurement authority for modernized target acquisition designation/pilot night vision sensors for AH–64D Apache attack

helicopters.

Sec. 113. Multiyear procurement authority for utility helicopters.

Sec. 114. Telemedicine and Advanced Technology Research Center.

Sec. 115. Towed array handler.

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

vehicle.
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Subtitle C—Navy Programs

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

through a single naval shipyard.

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

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

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

Sec. 125. Rapid intravenous infusion pump.

Subtitle D—Air Force Programs

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

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

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

refueling tankers.

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

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

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

Sec. 137. Aircraft for performance of aeromedical evacuations.

Sec. 138. C–37B aircraft.

Subtitle E—Defense-Wide Programs

Sec. 151. Advanced SEAL Delivery System.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for science and technology.

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

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

Subtitle B—Program Requirements, Restrictions, and

Limitations

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

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

Sec. 213. Chemical demilitarization facilities.

Sec. 214. Aging Military Aircraft Fleet Support.

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

Sec. 216. Joint Service Small Arms Program.

Sec. 217. Field programmable gate array.

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

Sec. 219. Defense basic research programs.

Sec. 219A. Project Sheriff.

Sec. 219B. Medium Tactical Vehicle Modifications.

Subtitle C—Missile Defense Programs

Sec. 221. One-year extension of Comptroller General assessments of Ballistic Missile Defense programs.

Sec. 222. Fielding of ballistic missile defense capabilities.

Sec. 223. Plans for test and evaluation of operational capability of the Ballistic

Missile Defense System.
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Sec. 224. Arrow Ballistic Missile Defense system.

Subtitle D—High-Performance Defense Manufacturing

Technology Research and Development

Sec. 231. Research and development.

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

Sec. 233. Manufacturing technology strategies.

Sec. 234. Report.

Sec. 235. Definitions.

Subtitle E—Other Matters

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

Resource Management Center.

Sec. 242. Technology transition.

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

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

advanced technology achievements.

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

test facility base.

Sec. 246. Report on cooperation between the Department of Defense and the National Aeronautics and Space Administration on Research, Development, Test, and Evaluation Activities.

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

GPS-Equipped.

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

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Other Department of Defense programs.

Sec. 304. Navy human resources benefit call center.

Subtitle B—Environmental Provisions

Sec. 311. Elimination and simplification of certain items required in the annual

report on environmental quality programs and other environmental activities.

Sec. 312. Payment of certain private cleanup costs in connection with the Defense

Environmental Restoration Program.

Subtitle C—Other Matters

Sec. 321. Aircraft carriers.

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

funding through Navy Working Capital Fund to direct funding.

Sec. 323. Use of funds from National Defense Sealift Fund to exercise purchase

options on maritime prepositioning ship vessels.

Sec. 324. Purchase and destruction of weapons overseas.

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

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

weapon systems contractors.

Sec. 327. Army training strategy.

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

Sec. 329. Study on use of ethanol fuel.

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

engage in cooperative activities with non-Army entities.

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

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

Sec. 333. Reimbursement for certain protective, safety, or health equipment purchased by or for members of the Armed Forces for deployment

in operations in Iraq and Central Asia.

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

Bay, Cuba.

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

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

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

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

Sec. 339. Supervision and management of Defense Business Transformation

Agency.

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

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

spouses of members of the Armed Forces.

Sec. 342. Rest and recuperation leave programs.

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

Defense.

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

Freedom and Operation Iraqi Freedom.

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

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

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

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

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for Reserves on active duty in support of the Reserves.

Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Fiscal year 2006 limitations on non-dual status technicians.

Subtitle C—Authorizations of Appropriations

Sec. 421. Authorization of appropriations for military personnel.

Sec. 422. Armed Forces Retirement Home.
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TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

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

retirement from computation of active duty officers for general

and flag officer distribution and strength limitations.

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

flag officers.

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

from eligible officers.

Sec. 504. Furnishing to promotion selection boards of adverse information on officers eligible for promotion to certain senior grades.

Sec. 505. Grades of the Judge Advocates General.

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

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

officers in active status.

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

flag officers for age.

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

serving in intelligence community positions.

Subtitle B—Enlisted Personnel Policy

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

Armed Forces.

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

Forces.

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

Armed Forces.

Subtitle C—Reserve Component Personnel Matters

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

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

Officers’ Training Corps scholarship program.

Sec. 533. Procedures for suspending financial assistance and subsistence allowance for senior ROTC cadets and midshipmen on the basis of

health-related conditions.

Sec. 534. Increase in maximum number of Army Reserve and Army National

Guard cadets under Reserve Officers’ Training Corps.

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

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

the Navy Reserve.

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

evaluation and training relating to new equipment.

Sec. 538. Pilot program on enhanced quality of life for members of the Army Reserve and their families.

Sec. 539. Commencement of receipt of non-regular service retired pay by members

of the Ready Reserve on active Federal status or active duty for

significant periods.

Sec. 540. Defense Science Board study on deployment of members of the National

Guard and Reserves in the global war on terrorism.
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Sec. 541. Eligibility of United States Nationals for appointment to the Senior

Reserve Officers’ Training Corps.

Sec. 542. Promotion of foreign language skills among members of the Reserve Officers’ Training Corps.

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

Reserves.

Subtitle D—Military Justice and Related Matters

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

rape, and child abuse.

Sec. 552. Establishment of offense of stalking.

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

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

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

violations or alleged violations of criminal law.

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

to reserves on inactive-duty training overseas.

Subtitle E—Military Service Academies

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

Subtitle F—Administrative Matters

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

or mobile unit or other duty.

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

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

Sec. 574. Mental health screenings of members of the Armed Forces for post traumatic stress disorder and other mental health conditions.

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

the Armed Forces for extraordinary acts of bravery, heroism,

and achievement.

Sec. 576. National Call to Service program.

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

Subtitle G—Defense Dependents Education Matters

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

Sec. 582. Assistance to local educational agencies with significant enrollment increases in military dependent students due to troop relocations,

creation of new units, and realignments under BRAC.

Sec. 583. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian

employees.

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

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

the Armed Forces.

Subtitle H—Other Matters

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

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

Postgraduate School.

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

for recruitment and retention purposes.

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

commercial solicitations on Department of Defense installations.

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

Challenge Program.

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

science in joint campaign planning and strategy.

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

National Guard and Reserves.

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

on insurance and other financial services.

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

Forces and their dependents.

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

Games.

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

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

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

United States Naval Academy with over 36 years of service.

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

Forces participating in the Thrift Savings Plan.

Sec. 603. Permanent authority for supplemental subsistence allowance for low-income members with dependents.

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

enlisted member as an officer.

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

Forces who die on active duty.

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

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

frequent mobilization for active duty service.

Subtitle B—Bonuses and Special and Incentive Pays

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

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

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

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

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

Sec. 616. Increase in amount of selective reenlistment bonus for certain senior supervisory nuclear qualified enlisted personnel.

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

in the Selected Reserve.
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Sec. 618. Expansion and enhancement of special pay for enlisted members of the

Selected Reserve assigned to certain high priority units.

Sec. 619. Retention incentive and assignment bonus for members of the Selected

Reserve qualified in a critical military skill or who volunteer for

assignment to a high priority unit.

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

special pay during hospitalization.

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

Sec. 622. Authority to pay foreign language proficiency pay to members on active

duty as a bonus.

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

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

for medical officers of the Armed Forces.

Subtitle C—Travel and Transportation Allowances

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

of servicemembers or civilian employees held captive.

Subtitle D—Retired Pay and Survivor Benefits

Sec. 641. Enhancement of death gratuity and enhancement of life insurance benefits for certain combat related deaths.

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

Sec. 643. Repeal of requirement of reduction of SBP Survivor Annuities by Dependency and Indemnity Compensation.

Sec. 644. Effective date for paid-up coverage under Survivor Benefit Plan.

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

reason of unemployability under termination of phase-in of concurrent receipt of retired pay and veterans’ disability compensation.

Subtitle E—Other Matters

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

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

Sec. 653. Extension of effective date.

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

Servicemembers Civil Relief Act.

Subtitle F—Enhancement of Authorities for Recruitment and

Retention

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

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

declaration of a major disaster.

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

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

of the Armed Forces.

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

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

of 1968.
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Sec. 677. Extension of eligibility for SSI for certain individuals in families that

include members of the Reserve and National Guard.

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

a capital offense.

Sec. 679. Veterans preference eligibility for military reservists.

TITLE VII—HEALTH CARE

Subtitle A—Benefits Matters

Sec. 701. Clarification of eligibility of Reserve officers for health care pending active duty following issuance of orders to active duty.

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

residents under the pharmacy benefits program.

Sec. 703. Eligibility of surviving active duty spouses of deceased members for enrollment as dependents in a TRICARE dental plan.

Sec. 704. Increased period of continued TRICARE Prime coverage of children of

members of the uniformed services who die while serving on active duty for a period of more than 30 days.

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

TRICARE program.

Subtitle B—Planning, Programming, and Management

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

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

system.

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

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

sharing of health care resources.

Sec. 715. Surveys on TRICARE Standard.

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

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

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

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

II.

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

Sec. 721. Mental health counselors under TRICARE.

Sec. 722. Pandemic avian flu preparedness.

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

the provision of health care services.

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

Subtitle C—Other Matters

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

drugs.

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

disorder and other mental health conditions.

Sec. 733. Department of Defense task force on mental health.
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TITLE VIII—ACQUISITION POLICY, ACQUISITION

MANAGEMENT, AND RELATED MATTERS

Subtitle A—Acquisition Policy and Management

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

Sec. 802. Contract Support Acquisition Centers.

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

regional organizations of which the United States is not a member.

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

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

Sec. 806. Review of defense acquisition structures.

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

procurement unit costs of major defense acquisition programs.

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

for certain military materiel.

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

programs.

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

systems.

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

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

orders under contracts.

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

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

specialty metals used to produce force protection equipment.

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

of the Department of Defense.

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

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

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

Sec. 809J. Sense of Senate on applicability of competition exceptions to eligibility

of National Guard for financial assistance for performance of

additional duties.

Subtitle B—Defense Industrial Base Matters

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

States.

Sec. 812. Conditional waiver of domestic source or content requirements for certain countries with reciprocal defense procurement agreements

with the United States.

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

Sec. 814. Research and development efforts for purposes of Small Business Research.
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Subtitle C—Defense Contractor Matters

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

Sec. 822. Review of certain contractor ethics matters.

Sec. 823. Contract fraud risk assessment.

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

Subtitle D—Defense Acquisition Workforce Matters

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

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

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

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

Berry amendment.

Subtitle E—Other Matters

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

institutions of higher education.

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

equipment within five years of retirement or disposal.

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

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

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

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

development.

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

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

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

small business size standards.

Sec. 850. Small business contracting in overseas procurements.

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

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

Sec. 853. Radio frequency identifier technology.

Sec. 854 Ensuring transparency in Federal contracting.

Sec. 855. Termination of program.

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

United States Joint Forces Command.

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

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

Major Defense Acquision Programs.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANAGEMENT

Subtitle A—Duties and Functions of Department of Defense

Officers and Organizations

Sec. 901. Directors of Small Business Programs.
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Sec. 902. Executive agent for acquisition of capabilities to defend the homeland

against cruise missiles and other low-altitude aircraft.

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

Sec. 904. American Forces Network.

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

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

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

Homeland Security Council.

Subtitle B—Space Activities

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

control.

Subtitle C—Other Matters

Sec. 921. Acceptance of gifts and donations for Department of Defense regional

centers for security studies.

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

Sec. 923. Prohibition on implementation of certain orders and guidance on functions and duties of the General Counsel and the Judge Advocate

General of the Air Force.

Sec. 924. United States Military Cancer Institute.

Sec. 925. Authority for United States Air Force Institute of Technology to receive

faculty research grants for certain purposes.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Incorporation of Classified Annex.

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

year 2006.

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

inflation.

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

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

Sec. 1007. Monthly disbursement to States of State income tax voluntarily withheld from retired or retainer pay.

Sec. 1008. Authorization of emergency supplemental appropriations for the Department of Defense.

Subtitle B—Naval Vessels and Shipyards

Sec. 1021. Transfer of battleships.

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

Subtitle C—Counterdrug Matters

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

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

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

training facilities in Afghanistan.
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Subtitle D—Reports and Studies

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

and Technology Plan.

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

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

programs of the Department of Defense.

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

Performance Microchip Supply.

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

and civil purposes.

Sec. 1046 Pilot project for Civilian Linguist Reserve Corps.

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

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

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

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

Subtitle E—Technical Amendments

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

defense laws.

Subtitle F—Military Mail Matters

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

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

Subtitle G—Other Matters

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

interrogation of detainees.

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

Sec. 1073. Support for youth organizations.

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

of the Department of Defense.

Sec. 1075. Prohibition on cruel, inhuman, or degrading treatment or punishment

of persons under custody or control of the United States Government.

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

force.

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

Sec. 1078. Establishment of the USS Oklahoma Memorial.

Sec. 1079. Prayer at military service academy activities.

Sec. 1080. Riot control agents.

Sec. 1081. Drug trafficking deterrence.

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

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

services.

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

Sec. 1085. Renewal of moratorium on return of veterans memorial objects to foreign nations without specific authorization in law.

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

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

Sec. 1088. Sense of Senate on aeronautics research and development.
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Sec. 1089. Report on claims related to the bombing of the LaBelle Discotheque.

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

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

(CROWS) platform.

Sec. 1092. Review of status of detainees.

TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN

PERSONNEL POLICY

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

force.

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

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

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

Sec. 1105. Permanent and enhanced authority for Science, Mathematics, and Research for Transformation (SMART) defense education program.

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

of Defense.

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

Service employees.

Sec. 1108. Comptroller General study on features of successful personnel management systems of highly technical and scientific workforces.

Sec. 1109. Bid Protests by Federal employees in actions under Office of Management and Budget Circular A–76.

TITLE XII—MATTERS RELATING TO OTHER NATIONS

Sec. 1201. Commanders’ Emergency Response Program.

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

and civic assistance.

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

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

Sec. 1205. Prohibition on engaging in certain transactions.

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

Sec. 1207. Security and stabilization assistance.

Sec. 1208. Report on nonstrategic nuclear weapons.

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

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

Sec. 1211. United States policy on Iraq.

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH

STATES OF THE FORMER SOVIET UNION

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.

Sec. 1302. Funding allocations.

Sec. 1303. Permanent waiver of restrictions on use of funds for threat reduction

in states of the former Soviet Union.

Sec. 1304. Modification of authority to use Cooperative Threat Reduction funds

outside the former Soviet Union.

Sec. 1305. Repeal of requirement for annual Comptroller General assessment of

annual Department of Defense report on activities and assistance under Cooperative Threat Reduction programs.
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Sec. 1306. Removal of certain restrictions on provision of cooperative threat reduction assistance.

TITLE XIV—AUTHORIZATION FOR SUPPLEMENTAL APPROPRIATIONS FOR IRAQ, AFGHANISTAN, AND THE GLOBAL

WAR ON TERRORISM

Sec. 1401. Purpose.

Sec. 1402. Designation as emergency amounts.

Sec. 1403. Army procurement.

Sec. 1404. Navy and Marine Corps procurement.

Sec. 1405. Tactical wheeled vehicles.

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

Sec. 1407. Air Force procurement.

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

Sec. 1409. Operation and maintenance.

Sec. 1410. Defense Health Program.

Sec. 1411. Military personnel.

Sec. 1412. Iraq Freedom Fund.

Sec. 1413. Transfer authority.

TITLE XV—RECRUITMENT AND RETENTION

Sec. 1501. Short title.

Sec. 1502. Increase in maximum enlistment bonus.

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

to refer other persons for enlistment in the Army.

Sec. 1504. Increase in maximum age for enlistment.

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

other enlistment or reenlistment bonus for service in the Selected

Reserve.

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

Sec. 1507. Enhancement of educational loan repayment authorities.

Sec. 1508. Report on Reserve Dental Insurance Program.

TITLE XVI—TRANSITION SERVICES

Sec. 1601. Short title.

Sec. 1602. Improved administration of transitional assistance programs.

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

preseparation physical examinations.

Sec. 1604. Report on transition assistance programs.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

TITLE XXI—ARMY

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

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

Sec. 2105. Construction of battalion dining facilities, Fort Knox, Kentucky.
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TITLE XXII—NAVY

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

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Modification of authority to carry out certain fiscal year 2005

projects.

Sec. 2206. Modification of authority to carry out certain fiscal year 2004 project.

TITLE XXIII—AIR FORCE

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

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition

projects.

Sec. 2402. Energy conservation projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION

SECURITY INVESTMENT PROGRAM

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

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

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

projects.

Sec. 2602. Specific authorized Army National Guard construction projects.

Sec. 2603. Construction of facilities, New Castle County Airport Air Guard Base,

Delaware.

Sec. 2604. Construction of maintenance hangar, New Castle County Airport Air

Guard Base, Delaware.

Sec. 2605. National Guard construction projects.

TITLE XXVII—EXPIRATION AND EXTENSION OF

AUTHORIZATIONS

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

law.

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

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

Sec. 2704. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military

Family Housing Changes

Sec. 2801. Increase in thresholds for unspecified minor military construction

projects.

Sec. 2802. Modification of cost variation authority.
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Sec. 2803. Department of Defense housing funds.

Sec. 2804. Temporary authority to use minor military construction authority for

construction of child development centers.

Sec. 2805. Inapplicability to child development centers of restriction on authority

to acquire or construct ancillary supporting facilities.

Sec. 2806. Authority to carry out exchanges of facilities including associated utilities, equipment, and furnishings.

Sec. 2807. Increase in number of family housing units in Korea authorized for

lease by the Army at maximum amount.

Subtitle B—Real Property and Facilities Administration

Sec. 2821. Authority to lease non-excess property of Department of Defense field

activities.

Sec. 2822. Modified criteria for agreements to limit encroachments and other constraints on military training, testing, and operations.

Sec. 2823. Expanded authority to enter into lease-purchase agreements.

Subtitle C—Land Conveyances

PART I—ARMY CONVEYANCES

Sec. 2841. Land conveyance, Helena, Montana.

Sec. 2842. Land conveyance, Army Reserve Center, Bothell, Washington.

Sec. 2843. Land conveyance, Iowa Army Ammunition Plant, Middletown, Iowa.

Part II—Navy Conveyances

Sec. 2851. Land conveyance, Marine Corps Air Station, Miramar, San Diego,

California.

Sec. 2852. Lease of United States Navy Museum facilities at Washington Navy

Yard, District of Columbia.

Part III—Air Force Conveyances

Sec. 2861. Acquisition of build-to-lease family housing at Eielson Air Force Base,

Alaska.

Sec. 2862. Land conveyance, Air Force property, La Junta, Colorado.

Subtitle D—Other Matters

Sec. 2881. Reorganization and technical improvement of codified laws applicable

to real property of the Department of Defense.

Sec. 2882. Report on application of force protection and anti-terrorism standards

to leased facilities.

Sec. 2883. Construction at Fort Buchanan, Puerto Rico, for reserve components.

Sec. 2884. Authority to use Papago Park Military Reservation, Arizona, for general military purposes.

Sec. 2885. One-year extension of Department of Defense laboratory revitalization

program.

Sec. 2886. Sense of Congress on establishment of Bakers Creek Memorial.

Sec. 2887. Report on use of ground source heat pumps at Department of Defense

facilities.

Sec. 2888. Treatment of Indian Tribal Governments as public entities for purposes of disposal of real property recommended for closure in

July 2003 BRAC Commission Report.

Sec. 2889. Sense of the Senate regarding community impact assistance related to

construction of Navy Landing Field, North Carolina.
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Sec. 2890. Designation of William B. Bryant Annex.

Sec. 2891. Required consultation with State and local entities on transportation,

housing, and other infrastructure issues related to the addition

of personnel or facilities at military installations as part of

2005 round of defense base closure and realignment.

Sec. 2892. Sense of the Senate on reversionary interests at Navy homeports.

Sec. 2893. Identification of environmental conditions at military installations

closed or realigned under 2005 round of defense base closure and

realignment.

Sec. 2894. Sense of Congress on limitation on transfer of units from closed and

realigned military installations pending readiness of receiving

locations.

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—Other Matters

Sec. 3111. Report on compliance with design basis threat.

Sec. 3112. Cost estimate for waste treatment and immobilization plant project,

Hanford site, Richland, Washington.

Sec. 3113. Report on international border security programs.

Sec. 3114. Clarification of cooperative agreement authority under chemical demilitarization program.

Sec. 3115. Savannah River National Laboratory.

Sec. 3116. Rocky Flats Environmental Technology Site.

Sec. 3117. Prohibition on use of funds for Robust Nuclear Earth Penetrator.

Sec. 3118. Sense of the Senate regarding interim reports on residual beryllium

contamination at Department of Energy vendor facilities.

Sec. 3119. Report on advanced technologies for nuclear power reactors in the

United States.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY

BOARD

Sec. 3201. Authorization.

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE

Sec. 3301. Revisions to required receipt objectives for previously authorized disposals from National Defense Stockpile.

Sec. 3302. Authorization for disposal of tungsten ores and concentrates.

Sec. 3303. Disposal of ferromanganese.
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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

8 Subtitle A—Authorization of

9 Appropriations

10 SEC. 101. ARMY.

11 Funds are hereby authorized to be appropriated for fis12 cal year 2006 for procurement for the Army as follows:

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

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

15 (3) For weapons and tracked combat vehicles,

16 $1,692,549,000.

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

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

19 SEC. 102. NAVY AND MARINE CORPS.

20 (a) NAVY.—Funds are hereby authorized to be appro21 priated for fiscal year 2006 for procurement for the Navy

22 as follows:

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

24 (2) For weapons, including missiles and tor25 pedoes, $2,749,441,000.
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1 (3) For shipbuilding and conversion,

2 $9,057,865,000.

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

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

5 be appropriated for fiscal year 2006 for procurement for

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

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

8 are hereby authorized to be appropriated for fiscal year

9 2006 for procurement of ammunition for the Navy and the

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

11 SEC. 103. AIR FORCE.

12 Funds are hereby authorized to be appropriated for fis13 cal year 2006 for procurement for the Air Force as follows:

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

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

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

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

18 SEC. 104. DEFENSE-WIDE ACTIVITIES.

19 Funds are hereby authorized to be appropriated for fis20 cal year 2006 for Defense-wide procurement in the amount

21 of $2,784,832,000.

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

23 IN RESPONSE TO ATTRITION.

24 (a) INCREASE IN AMOUNT.—Of the amount authorized

25 to be appropriated by section 101(1) for aircraft for the
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1 Army, the amount available for the procurement UH–60

2 Black Hawk helicopters in response to attrition is hereby

3 increased to $40,600,000, with the amount to be used to

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

5 be procured in response to attrition from 2 helicopters to

6 4 helicopters.

7 (b) OFFSET.—Of the amount authorized to be appro8 priated by section 101(1) for aircraft for the Army, the

9 amount available for UH–60 Black Hawk helicopter

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

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

12 kits from 10 kits to 6 kits.

13 Subtitle B—Army Programs

14 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR AH–

15 64D APACHE ATTACK HELICOPTER BLOCK II

16 CONVERSIONS.

17 Beginning with the fiscal year 2006 program year, the

18 Secretary of the Army may, in accordance with section

19 2306b of title 10, United States Code, enter into one or more

20 multiyear contracts for procurement of AH–64D Apache at21 tack helicopter block II conversions.
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1 SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR

2 MODERNIZED TARGET ACQUISITION DES3 IGNATION/PILOT NIGHT VISION SENSORS

4 FOR AH–64D APACHE ATTACK HELICOPTERS.

5 Beginning with the fiscal year 2006 program year, the

6 Secretary of the Army may, in accordance with section

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

8 multiyear contracts for procurement of modernized target

9 acquisition designation/pilot night vision sensors for AH–

10 64D Apache attack helicopters.

11 SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR

12 UTILITY HELICOPTERS.

13 (a) UH–60M BLACK HAWK HELICOPTERS.—Begin14 ning with the fiscal year 2006 program year, the Secretary

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

16 10, United States Code, enter into one or more multiyear

17 contracts for the procurement of UH–60M Black Hawk heli18 copters.

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

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

21 the Army, acting as executive agent for the Department of

22 the Navy, may, in accordance with section 2306b of title

23 10, United States Code, enter into one or more multiyear

24 contracts for the procurement of MH–60S Seahawk heli25 copters.
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1 SEC. 114. TELEMEDICINE AND ADVANCED TECHNOLOGY RE2 SEARCH CENTER.

3 (a) ADDITIONAL AMOUNT FOR RESEARCH, DEVELOP4 MENT, TEST AND EVALUATION, ARMY.—The amount au5 thorized to be appropriated by section 201(1) for research,

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

7 increased by $1,000,000.

8 (b) AVAILABILITY OF AMOUNT.—Of the amount au9 thorized to be appropriated by section 201(1) for research,

10 development, test, and evaluation for the Army, as in11 creased by subsection (a), $1,000,000 may be available for

12 Medical Advanced Technology (PE #603002A) for the Tele13 medicine and Advanced Technology Research Center.

14 (c) OFFSET.—The amount authorized to be appro15 priated by section 101(4) for procurement of ammunition

16 for the Army is hereby reduced by $1,000,000, with the

17 amount of the reduction to be allocated to amounts avail18 able for Ammunition Production Base Support, Production

19 Base Support for the Missile Recycling Center (MRC).

20 SEC. 115. TOWED ARRAY HANDLER.

21 (a) AVAILABILITY OF AMOUNT.—Of the amount au22 thorized to be appropriated by section 201(2) for research,

23 development, test, and evaluation for the Navy, the amount

24 available for Program Element 0604503N for the design,

25 development, and test of improvements to the towed array

26 handler is hereby increased by $5,000,000 in order to in-
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1 crease the reliability of the towed array and the towed array

2 handler by capitalizing on ongoing testing and evaluation

3 of such systems.

4 (b) OFFSET.—Of the amount authorized to be appro5 priated by section 201(2) for research, development, test,

6 and evaluation for the Navy, the amount available for Pro7 gram Element 0604558N for new design for the Virginia

8 Class submarine for the large aperture bow array is hereby

9 reduced by $5,000,000.

10 SEC. 116. SECOND SOURCE FOR PRODUCTION AND SUPPLY

11 OF TIRES FOR THE STRYKER COMBAT VEHI12 CLE.

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

14 conduct a participation of study of the feasibility and costs

15 and benefits for the second source for the production and

16 supply of tires for the Stryker combat vehicle to be procured

17 by the Army with funds authorized to be appropriated in

18 this Act.

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

20 of the enactment of this Act, the Secretary shall submit to

21 the congressional defense committees a report on the results

22 of the study under subsection (a). The report shall include—

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

24 base in the United States to meet requirements for a
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1 second source for the production and supply of tires

2 for the Stryker combat vehicle; and

3 (2) to the extent that the capacity of the indus4 trial base in the United States is not adequate to

5 meet such requirements, recommendations on means,

6 over the short-term and the long-term, to address that

7 inadequacy.

8 Subtitle C—Navy Programs

9 SEC. 121. PROHIBITION ON ACQUISITION OF NEXT GENERA10 TION DESTROYER (DD(X)) THROUGH A SIN11 GLE NAVAL SHIPYARD.

12 (a) PROHIBITION.—Destroyers under the next genera13 tion destroyer (DD(X)) program may not be acquired

14 through a winner-take-all acquisition strategy.

15 (b) PROHIBITION ON USE OF FUNDS.—No funds au16 thorized to be appropriated by this Act, or any other Act,

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

18 implement a strategy for the acquisition of destroyers under

19 the next generation destroyer program through a winner20 take-all acquisition strategy.

21 (c) WINNER-TAKE-ALL ACQUISITION STRATEGY DE22 FINED.—In this section, the term ‘‘winner-take-all acquisi23 tion strategy’’, with respect to the acquisition of destroyers

24 under the next generation destroyer program, means the ac-
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1 quisition (including design and construction) of such de2 stroyers through a single shipyard.

3 SEC. 122. SPLIT FUNDING AUTHORIZATION FOR CVN–78 AIR4 CRAFT CARRIER.

5 (a) AUTHORITY TO USE SPLIT FUNDING.—The Sec6 retary of the Navy is authorized to fund the detail design

7 and construction of the aircraft carrier designated CVN–

8 78 using split funding in the Shipbuilding and Conversion,

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

10 (b) CONDITION FOR OUT-YEAR CONTRACT PAY11 MENTS.—A contract entered into for the detail design and

12 construction of the aircraft carrier designated CVN–78 shall

13 provide that any obligation of the United States to make

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

15 year 2006 is subject to the availability of appropriations

16 for such fiscal year.

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

18 (a) AMOUNT AUTHORIZED FROM SCN ACCOUNT FOR

19 FISCAL YEAR 2006.—Of the amount authorized to be ap20 propriated by section 102(a)(3) for fiscal year 2006 for

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

22 available for design, advance procurement, advance con23 struction, detail design, and construction with respect to the

24 LHA Replacement (LHA(R)) ship.
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1 (b) AMOUNTS AUTHORIZED FROM SCN ACCOUNT FOR

2 FISCAL YEARS 2007 AND 2008.—Amounts authorized to be

3 appropriated for fiscal years 2007 and 2008 for ship4 building and conversion, Navy, shall be available for con5 struction with respect to the LHA Replacement ship.

6 (c) CONTRACT AUTHORITY.—

7 (1) DESIGN, ADVANCE PROCUREMENT, AND AD8 VANCE CONSTRUCTION.—The Secretary of the Navy

9 may enter into a contract during fiscal year 2006 for

10 design, advance procurement, and advance construc11 tion with respect to the LHA Replacement ship.

12 (2) DETAIL DESIGN AND CONSTRUCTION.—The

13 Secretary may enter into a contract during fiscal

14 year 2006 for the detail design and construction of

15 the LHA Replacement ship.

16 (d) CONDITION FOR OUT-YEAR CONTRACT PAY17 MENTS.—A contract entered into under subsection (c) shall

18 provide that any obligation of the United States to make

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

20 year 2006 is subject to the availability of appropriations

21 for that purpose for such fiscal year.

22 (e) FUNDING AS INCREMENT OF FULL FUNDING.—The

23 amounts available under subsections (a) and (b) for the

24 LHA Replacement ship are the first increments of funding
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1 for the full funding of the LHA Replacement (LHA(R)) ship

2 program.

3 SEC. 124. REFUELING AND COMPLEX OVERHAUL OF THE

4 U.S.S. CARL VINSON.

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

6 the amount authorized to be appropriated by section

7 102(a)(3) for fiscal year 2006 for shipbuilding and conver8 sion, Navy, $1,493,563,000 shall be available for the com9 mencement of the nuclear refueling and complex overhaul

10 of the U.S.S. Carl Vinson (CVN–70). The amount available

11 under the preceding sentence is the first increment in the

12 incremental funding planned for the nuclear refueling and

13 complex overhaul of the U.S.S. Carl Vinson.

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

15 Navy may enter into a contract during fiscal year 2006

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

17 Carl Vinson.

18 (c) CONDITION FOR OUT-YEAR CONTRACT PAY19 MENTS.—A contract entered into under subsection (b) shall

20 provide that any obligation of the United States to make

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

22 year 2006 is subject to the availability of appropriations

23 for that purpose for such fiscal year.
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1 SEC. 125. RAPID INTRAVENOUS INFUSION PUMP.

2 (a) ADDITIONAL AMOUNT FOR PROCUREMENT FOR

3 THE MARINE CORPS.—The amount authorized to be appro4 priated by section 102(b) for procurement for the Marine

5 Corps is hereby increased by $1,000,000.

6 (b) AVAILABILITY OF AMOUNT.—Of the amount au7 thorized to be appropriated by section 102(b) for procure8 ment for the Marine Corps, as increased by subsection (a),

9 $1,000,000 may be available for General Property for Field

10 Medical Equipment for the Rapid Intravenous (IV) Infu11 sion Pump.

12 (c) OFFSET.—The amount authorized to be appro13 priated by section 301(4) is hereby reduced by $1,000,000.

14 Subtitle D—Air Force Programs

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

16 AIRLIFT REQUIREMENTS.

17 (a) MULTIYEAR PROCUREMENT AUTHORIZED.—The

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

19 2306b of title 10, United States Code, enter into a

20 multiyear contract, beginning with the fiscal year 2006 pro21 gram year, for the procurement of up to 42 additional C–

22 17 aircraft.

23 (b) CERTIFICATION REQUIRED.—Before the exercise of

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

25 shall submit to the congressional defense committees a cer26 tification that the additional airlift capacity to be provided
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1 by the C–17 aircraft to be procured under the authority

2 is consistent with the quadrennial defense review under sec3 tion 118 of title 10, United States Code, to be submitted

4 to Congress with the budget of the President for fiscal year

5 2007 (as submitted under section 1105(a) of title 31, United

6 States Code), as qualified by subsection (c).

7 (c) ADDITIONAL EXPLANATION OF INTER-THEATER

8 AIRLIFT REQUIREMENTS.—

9 (1) INCLUSION IN QUADRENNIAL DEFENSE RE10 VIEW.—The Secretary of Defense shall, as part of the

11 quadrennial defense review in 2005 and in accord12 ance with the provisions of section 118(d)(9) of title

13 10, United States Code, carry out an assessment of

14 the inter-theater airlift capabilities required to sup15 port the national defense strategy.

16 (2) ADDITIONAL INFORMATION.—In including

17 the assessment required by paragraph (1) in the

18 quadrennial defense review as required by that para19 graph, the Secretary shall explain how the rec20 ommendations for future airlift force structure re21 quirements in that quadrennial defense review take

22 into account the following:

23 (A) The increased airlift demands associ24 ated with the Army modular brigade combat

25 teams.
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1 (B) The objective to deliver a brigade com2 bat team anywhere in the world within four to

3 seven days, a division within 10 days, and mul4 tiple divisions within 20 days.

5 (C) The increased airlift demands associ6 ated with the expanded scope of operational ac7 tivities of the Special Operations forces.

8 (D) The realignment of the overseas basing

9 structure in accordance with the Integrated Pres10 ence and Basing Strategy.

11 (E) Adjustments in the force structure to

12 meet homeland defense requirements.

13 (F) The potential for simultaneous home14 land defense activities and major combat oper15 ations.

16 (G) Potential changes in requirements for

17 intra-theater airlift or sealift capabilities.

18 (d) MAINTENANCE OF C–17 AIRCRAFT PRODUCTION

19 LINE.—In the event the Secretary of Defense is unable to

20 make the certification specified in subsection (b), the Sec21 retary of the Air Force should procure sufficient C–17 air22 craft to maintain the C–17 aircraft production line at not

23 less than the minimum sustaining rate until sufficient

24 flight test data regarding improved C–5 aircraft mission

25 capability rates as a result of the Reliability Enhancement
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1 and Re-engining Program and Avionics Modernization

2 Program have been obtained to determine the validity of

3 assumptions concerning the C–5 aircraft used in the Mobil4 ity Capabilities Study.

5 SEC. 132. PROHIBITION ON RETIREMENT OF KC–135E AIR6 CRAFT.

7 The Secretary of the Air Force may not retire any KC–

8 135E aircraft of the Air Force in fiscal year 2006.

9 SEC. 133. USE OF TANKER REPLACEMENT TRANSFER FUND

10 FOR MODERNIZATION OF AERIAL REFUELING

11 TANKERS.

12 In addition to providing funds for a tanker acquisition

13 program as specified in section 8132 of the Department of

14 Defense Appropriations Act, 2005 (Public Law 108–287;

15 118 Stat, 1001), funds in the Tanker Replacement Transfer

16 Fund established by that section may be used for the mod17 ernization of existing aerial refueling tankers if the mod18 ernization of such tankers is consistent with the results of

19 the analysis of alternatives for meeting the aerial refueling

20 requirements of the Air Force as required by section 134(b)

21 of the National Defense Authorization Act for Fiscal Year

22 2004 (Public Law 108–136; 117 Stat. 1413).
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1 SEC. 134. PROHIBITION ON RETIREMENT OF F–117 AIR2 CRAFT.

3 The Secretary of the Air Force may not retire any F–

4 117 Nighthawk stealth attack aircraft of the Air Force in

5 fiscal year 2006.

6 SEC. 135. PROHIBITION ON RETIREMENT OF C–130E/H TAC7 TICAL AIRLIFT AIRCRAFT.

8 The Secretary of the Air Force may not retire any C–

9 130E/H tactical airlift aircraft of the Air Force in fiscal

10 year 2006.

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

12 AFTER FISCAL YEAR 2005.

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

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

15 through a multiyear contract continuing in force from a

16 fiscal year before fiscal year 2006) shall be procured through

17 a contract under part 15 of the Federal Acquisition Regula18 tion (FAR), relating to acquisition of items by negotiated

19 contract (48 C.F.R. 15.000 et seq.), rather than through a

20 contract under part 12 of the Federal Acquisition Regula21 tion, relating to acquisition of commercial items (48 C.F.R.

22 12.000 et seq.).

23 SEC. 137. AIRCRAFT FOR PERFORMANCE OF AEROMEDICAL

24 EVACUATIONS.

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

26 the Air Force shall procure aircraft for the purpose of pro-
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1 viding aeromedical evacuation services to severely injured

2 or ill personnel.

3 (b) REQUIRED CAPABILITIES.—The aircraft procured

4 under subsection (a) shall be capable of providing nonstop

5 aeromedical evacuations across the Atlantic Ocean.

6 (c) EQUIPPING.—Any aircraft procured under sub7 section (a) shall be equipped with current aeromedical sup8 port facilities, including electrical systems, sanitation, tem9 perature controls, pressurization capacity, safe medical

10 storage, equipment and medicines for life support and emer11 gency purposes, food preparation facilities, and such other

12 facilities as the Secretary considers appropriate for the pro13 vision of aeromedical evacuation services.

14 (d) DEDICATED MISSION.—Each aircraft procured

15 and equipped under this section shall be assigned the dedi16 cated mission of providing aeromedical evacuation services

17 as described in subsection (a).

18 (e) AVAILABILITY OF FUNDS.—Of the amounts author19 ized to be appropriated by section 103(1) for aircraft pro20 curement for the Air Force, $200,000,000 shall be available

21 for the procurement and equipping of up to two aircraft

22 under this section.

23 SEC. 138. C–37B AIRCRAFT.

24 (a) ADDITIONAL AMOUNT FOR AIRCRAFT PROCURE25 MENT, AIR FORCE.—The amount authorized to be appro-
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1 priated by section 103(1) for aircraft procurement for the

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

3 (b) AVAILABILITY OF AMOUNT.—Of the amount au4 thorized to be appropriated by section 103(1) for aircraft

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

6 $45,000,000 may be used for the procurement of one C–37B

7 aircraft.

8 (c) OFFSET.—The amount authorized to be appro9 priated by section 301(1) for operation and maintenance

10 for the Army is hereby reduced by $25,000,000, and the

11 amount authorized to be appropriated by section 301(5) for

12 operation and maintenance, defensewide, is hereby reduced

13 by $20,000,000.

14 Subtitle E—Defense-Wide Programs

15 SEC. 151. ADVANCED SEAL DELIVERY SYSTEM.

16 (a) LIMITATION ON AVAILABILITY OF FUNDS FOR AD17 VANCE PROCUREMENT.—No funds authorized to be appro18 priated by this Act for fiscal year 2006 for advance procure19 ment of components for the Advanced SEAL Delivery Sys20 tem may be obligated or expended for that purpose until

21 30 days after the date on which the Secretary of Defense

22 certifies to the congressional defense committees that the

23 Under Secretary of Defense for Acquisition, Technology,

24 and Logistics has made a favorable milestone C decision

25 regarding the Advanced SEAL Delivery System. The cer-
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1 tification shall be submitted together with the comprehen2 sive report on the Advanced SEAL Delivery System re3 quired by subsection (b).

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

5 the review of the Advanced SEAL Delivery System by the

6 Defense Acquisition Board, the Secretary shall submit to

7 the congressional defense committees a report that includes

8 the following:

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

10 Advanced SEAL Delivery System made by the Under

11 Secretary of Defense for Acquisition, Technology, and

12 Logistics.

13 (2) Such recommendations as the Secretary con14 siders appropriate regarding the continuation, re15 structuring, or termination of the Advanced SEAL

16 Delivery System program, including recommenda17 tions on adjustments to contractual arrangements in

18 connection with the continuation, restructuring, or

19 termination of the program.

20 (3) A detailed summary of the revised cost esti21 mate and future cost estimates for the Advanced

22 SEAL Delivery System program, which cost estimates

23 shall be validated for purposes of the report by the

24 Cost Analysis and Improvement Group within the Of25 fice of the Secretary of Defense.
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1 (4) A detailed acquisition strategy for the Ad2 vanced SEAL Delivery System, if the Secretary rec3 ommends the continuation or restructuring of the Ad4 vanced SEAL Delivery System program under para5 graph (2).

6 (5) A plan to demonstrate realistic strategies for

7 solving any technical and performance problems iden8 tified during the final operational test and evaluation

9 of the Advanced SEAL Delivery System proposed to

10 be conducted during the summer of 2005.

11 (c) COMPTROLLER GENERAL REVIEW.—

12 (1) IN GENERAL.—In order to achieve the pur13 poses set forth in paragraph (2), the Comptroller Gen14 eral of the United States shall—

15 (A) review the adequacy of the final oper16 ational test and evaluation test plan for the Ad17 vanced SEAL Delivery System;

18 (B) review the results of the operational test

19 of the Advanced SEAL Delivery System; and

20 (C) update the March 2003 Comptroller

21 General report entitled Defense Acquisition, Ad22 vanced SEAL Delivery System Program Needs

23 Increased Oversight (GAO–03–442).

24 (2) PURPOSES.—The purposes of the review and

25 update under paragraph (1) are as follows:
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1 (A) To examine the progress made toward

2 meeting operational requirements and technical

3 challenges with respect to the Advanced SEAL

4 Delivery System.

5 (B) To assess the capacity of the Advanced

6 SEAL Delivery System program to meet sched7 ule and cost projections for that program.

8 (C) To identify and evaluation any remain9 ing factors that may contribute to potential fu10 ture problems for the Advanced SEAL Delivery

11 System program.

12 (3) REPORT.—The Comptroller General shall

13 submit to the congressional defense committees a re14 port on the activities of the Comptroller General

15 under paragraph (1) not later than February 1, 2006.

16 TITLE II—RESEARCH, DEVELOP17 MENT, TEST, AND EVALUA18 TION

19 Subtitle A—Authorization of

20 Appropriations

21 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

22 Funds are hereby authorized to be appropriated for fis23 cal year 2006 for the use of the Department of Defense for

24 research, development, test, and evaluation as follows:

25 (1) For the Army, $9,716,824,000.
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1 (2) For the Navy, $18,398,091,000.

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

3 (4) For Defense-wide activities, $19,011,754,000,

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

5 of Operational Test and Evaluation.

6 SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY.

7 (a) AMOUNT FOR PROJECTS.—Of the total amount au8 thorized to be appropriated by section 201, $10,924,401,000

9 shall be available for science and technology projects.

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

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

12 work funded in program elements for defense research, de13 velopment, test, and evaluation under Department of De14 fense budget activities 1, 2, or 3.

15 SEC. 203. FUNDING FOR RESEARCH AND TECHNOLOGY

16 TRANSITION FOR HIGH-BRIGHTNESS ELEC17 TRON SOURCE PROGRAM.

18 (a) INCREASE IN FUNDS AVAILABLE TO NAVY FOR RE19 SEARCH, DEVELOPMENT, TEST, AND EVALUATION.—The

20 amount authorized to be appropriated by section 201(2) for

21 research, development, test, and evaluation for the Navy

22 maybe increased by $1,500,000.

23 (b) REDUCTION IN FUNDS AVAILABLE TO ARMY FOR

24 PROCUREMENT, AMMUNITION.—The amount authorized to
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1 be appropriated by section 301(4) for the Air Force is here2 by reduced by $1,500,000.

3 SEC. 204. FUNDING FOR DEVELOPMENT OF DISTRIBUTED

4 GENERATION TECHNOLOGIES.

5 (a) INCREASE IN FUNDS AVAILABLE TO ARMY FOR RE6 SEARCH, DEVELOPMENT, TEST, AND EVALUATION.—The

7 amount authorized to be appropriated by section 201(1) for

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

9 maybe increased by $1,000,000, with the amount of such

10 increase to be available for research on and facilitation of

11 technology for converting obsolete chemical munitions to fer12 tilizer.

13 (b) REDUCTION IN FUNDS.—The amount authorized to

14 be appropriated by section 301(4) for the Air Force is here15 by reduced by $1,000,000.

16 Subtitle B—Program Requirements,

17 Restrictions, and Limitations

18 SEC. 211. CONTRACT FOR THE PROCUREMENT OF THE FU19 TURE COMBAT SYSTEM (FCS).

20 The Secretary of the Army shall procure the Future

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

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

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

24 15.000 et seq.), rather than through a transaction under

25 section 2371 of title 10, United States Code.
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1 SEC. 212. JOINT FIELD EXPERIMENT ON STABILITY AND

2 SUPPORT OPERATIONS.

3 (a) JOINT FIELD EXPERIMENT REQUIRED.—The Sec4 retary of Defense shall, in fiscal year 2006, carry out a

5 joint field experiment to address matters relating to sta6 bility and support operations.

7 (b) PURPOSES.—The purposes of the joint field experi8 ment under subsection (a) are as follows:

9 (1) To explore critical challenges associated with

10 the planning and execution of military and support

11 activities required in the post-conflict environment

12 following major combat activities.

13 (2) To facilitate the development of recommenda14 tions for appropriate policy, doctrine, training infra15 structure, and organizational structures to best facili16 tate the conduct of effective stability and support op17 erations in such an environment.

18 (c) PARTICIPATING ELEMENTS AND FORCES.—

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

20 under subsection (a) shall involve—

21 (A) elements of the Army, the Marine

22 Corps, and the Special Operations Command se23 lected by the Secretary for purposes of the field

24 experiment;
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1 (B) representatives of policy elements with2 in the Department selected by the Secretary for

3 such purposes; and

4 (C) any other forces or elements of the De5 partment that the Secretary considers appro6 priate for such purposes.

7 (2) ADDITIONAL ELEMENTS.—The Secretary

8 shall also invite the participation in the field experi9 ment of appropriate elements of other departments

10 and agencies of the United States Government, and of

11 such elements and forces of coalition nations, as the

12 Secretary considers appropriate for purposes of the

13 field experiment.

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

15 Secretary shall submit to the congressional defense commit16 tees a report on the joint field experiment under subsection

17 (a). The report shall include—

18 (1) a description of the field experiment;

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

20 the field experiment; and

21 (3) such recommendations, including rec22 ommendations for additional legislative or adminis23 trative actions and recommendations on funding re24 quired to implement such actions, as the Secretary

25 considers appropriate in light of the field experiment.
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1 SEC. 213. CHEMICAL DEMILITARIZATION FACILITIES.

2 (a) AUTHORITY TO USE RESEARCH, DEVELOPMENT,

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

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

8 the Assembled Chemical Weapons Alternatives program,

9 carry out construction projects, or portions of construction

10 projects, for facilities necessary to support chemical demili11 tarization operations at each of the following:

12 (1) Pueblo Army Depot, Colorado.

13 (2) Blue Grass Army Depot, Kentucky.

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

16 includes authority to carry out planning and design and

17 the acquisition of land for the construction or improvement

18 of such facilities.

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

20 of funds that may be utilized under the authority in sub21 section (a) may not exceed $51,000,000.

22 (d) DURATION OF AUTHORITY.—A construction

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

24 commenced under the authority in subsection (a) after Sep25 tember 30, 2006.
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1 (e) NOTICE AND WAIT.—The Secretary may not carry

2 out a construction project, or portion of a construction

3 project, under the authority in subsection (a) until the end

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

5 Secretary notifies the congressional defense committees of

6 the intent to carry out such project.

7 SEC. 214. AGING MILITARY AIRCRAFT FLEET SUPPORT.

8 (a) ADDITIONAL AMOUNT FOR RESEARCH, DEVELOP9 MENT, TEST, AND EVALUATION FOR THE AIR FORCE.—The

10 amount authorized to be appropriated by section 201(3) for

11 research, development, test, and evaluation for the Air Force

12 is hereby increased by $4,000,000.

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

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

17 Program Element #63112F for Aging Military Aircraft

18 Fleet Support.

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

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

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

24 (a) ADDITIONAL AMOUNT FOR RESEARCH, DEVELOP25 MENT, TEST, AND EVALUATION FOR THE ARMY.—The
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1 amount authorized to be appropriated by section 201(1) for

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

3 hereby increased by $1,000,000.

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

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

8 Weapons and Ammunition Technology (PE #602624A) for

9 Warhead/Grenade Scientific Based Manufacturing Tech10 nology.

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

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

14 SEC. 216. JOINT SERVICE SMALL ARMS PROGRAM.

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

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

19 increased by $5,000,000.

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

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

24 the Joint Service Small Arms Program.
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1 (c) OFFSET.—The amount authorized to be appro2 priated by section 301(4) is hereby reduced by $5,000,000.

3 SEC. 217. FIELD PROGRAMMABLE GATE ARRAY.

4 (a) ADDITIONAL AMOUNT FOR RESEARCH, DEVELOP5 MENT, TEST, AND EVALUATION, AIR FORCE.—The amount

6 authorized to be appropriated by section 201(3) for re7 search, development, test, and evaluation for the Air Force

8 is hereby increased by $3,000,000.

9 (b) AVAILABILITY OF AMOUNT.—Of the amount au10 thorized to be appropriated by section 201(3) for research,

11 development, test, and evaluation for the Air Force, as in12 creased by subsection (a), $3,000,000 may be available for

13 Space Technology (PE #0602601F) for research and devel14 opment on the reliability of field programmable gate arrays

15 for space applications, including design of an assurance

16 strategy, reference architectures, research and development

17 on reliability and radiation hardening, and outreach to in18 dustry and localities to develop core competencies.

19 (c) OFFSET.—The amount authorized to be appro20 priated by section 301(4) is hereby reduced by $3,000,000.

21 SEC. 218. LONG WAVELENGTH ARRAY LOW FREQUENCY

22 RADIO ASTRONOMY INSTRUMENTS.

23 (a) ADDITIONAL AMOUNT FOR RESEARCH, DEVELOP24 MENT, TEST, AND EVALUATION, NAVY.—The amount au25 thorized to be appropriated by section 201(2) for research,
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1 development, test, and evaluation for the Navy is hereby

2 increased by $6,000,000.

3 (b) AVAILABILITY OF AMOUNT.—

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

5 be appropriated by section 201(2) for research, devel6 opment, test, and evaluation for the Navy, as in7 creased by subsection (a), $6,000,000 may be avail8 able for research and development on Long Wave9 length Array low frequency radio astronomy instru10 ments.

11 (2) CONSTRUCTION WITH OTHER AMOUNTS.—The

12 amount available under paragraph (1) for the pur13 pose set forth in that paragraph is in addition to any

14 other amounts available under this Act for that pur15 pose.

16 (c) OFFSET.—The amount authorized to be appro17 priated by section 301(4) for operation and maintenance

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

19 SEC. 219. DEFENSE BASIC RESEARCH PROGRAMS.

20 (a) ARMY PROGRAMS.—(1) The amount authorized to

21 be appropriated by section 201(1) for research, development,

22 test, and evaluation for the Army is hereby increased by

23 $10,000,000.

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

25 section 201(1) for research, development, test, and evalua-
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1 tion for the Army, as increased by paragraph (1),

2 $10,000,000 may be available for Program Element

3 0601103A for University Research Initiatives.

4 (b) NAVY PROGRAMS.—(1) The amount authorized to

5 be appropriated by section 201(2) for research, development,

6 test, and evaluation for the Navy is hereby increased by

7 $5,000,000.

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

9 section 201(2) for research, development, test, and evalua10 tion for the Navy, as increased by paragraph (1),

11 $5,000,000 may be available for Program Element

12 0601103N for University Research Initiatives.

13 (c) AIR FORCE PROGRAMS.—(1) The amount author14 ized to be appropriated by section 201(3) for research, devel15 opment, test, and evaluation for the Air Force is hereby in16 creased by $10,000,000.

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

18 section 201(3) for research, development, test, and evalua19 tion for the Air Force, as increased by paragraph (1),

20 $10,000,000 may be available for Program Element

21 0601103F for University Research Initiatives.

22 (d) DEFENSE-WIDE ACTIVITIES.—(1) The amount au23 thorized to be appropriated by section 201(4) for research,

24 development, test, and evaluation for Defense-wide activities

25 is hereby increased by $15,000,000.
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1 (2) Of the amount authorized to be appropriated by

2 section 201(4) for research, development, test, and evalua3 tion for Defense-wide activities, as increased by paragraph

4 (1)—

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

6 Element 0601120D8Z for the SMART National De7 fense Education Program; and

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

9 Element 0601101E for the Defense Advanced Research

10 Projects Agency University Research Program in

11 Computer Science and Cybersecurity.

12 (e) OFFSETS.—(1) The amount authorized to be ap13 propriated by section 301(2), Operation and Maintenance,

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

15 SEC. 219A. PROJECT SHERIFF.

16 (a) AVAILABILITY OF AMOUNT.—Of the amount au17 thorized to be appropriated by section 201(4) for research,

18 development, test, and evaluation for Defense-wide activi19 ties, the amount available for the Force Transformation Di20 rectorate may be increased by $10,000,000, with the amount

21 of the increase to be available for Project Sheriff.

22 (b) OFFSET.—Of the amount authorized to be appro23 priated by section 301(4) is hereby reduced by $10,000,000.
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1 SEC. 219B. MEDIUM TACTICAL VEHICLE MODIFICATIONS.

2 (a) ADDITIONAL AMOUNT FOR RESEARCH, DEVELOP3 MENT, TEST, AND EVALUATION, ARMY.—The amount au4 thorized to be appropriated by section 201(1) for Research,

5 Development, Test, and Evaluation for the Army, is hereby

6 increased by $5,000,000.

7 (b) AVAILABILITY OF AMOUNT.—Of the amount au8 thorized to be appropriated by section 201(1) for Research,

9 Development, Test, and Evaluation for the Army, as in10 creased by subsection (a), $5,000,000 may be available for

11 Medium Tactical Vehicle Modifications.

12 (c) OFFSET.—The amount authorized to be appro13 priated by section 301(4) for Operation and Maintenance

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

15 Subtitle C—Missile Defense

16 Programs

17 SEC. 221. ONE-YEAR EXTENSION OF COMPTROLLER GEN18 ERAL ASSESSMENTS OF BALLISTIC MISSILE

19 DEFENSE PROGRAMS.

20 (a) EXTENSION.—Section 232(g) of the National De21 fense Authorization Act for Fiscal Year 2002 (10 U.S.C.

22 2431 note) is amended—

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

24 2006’’ and inserting ‘‘through 2007’’; and

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

26 2007’’ and inserting ‘‘through 2008’’.
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1 (b) MODIFICATION OF SUBMITTAL DATE.—Paragraph

2 (2) of such section is further amended by striking ‘‘Feb3 ruary 15’’ and inserting ‘‘March 15’’.

4 SEC. 222. FIELDING OF BALLISTIC MISSILE DEFENSE CAPA5 BILITIES.

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

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

8 Defense, be used for the development and fielding of ballistic

9 missile defense capabilities.

10 (b) COVERED FUNDS.—Funds referred to in this sub11 section are funds authorized to be appropriated for fiscal

12 year 2006 or 2007 for research, development, test, and eval13 uation for the Missile Defense Agency.

14 SEC. 223. PLANS FOR TEST AND EVALUATION OF OPER15 ATIONAL CAPABILITY OF THE BALLISTIC MIS16 SILE DEFENSE SYSTEM.

17 (a) PLANS REQUIRED.—

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

19 each subsequent block, of the Ballistic Missile Defense

20 System, the appropriate joint and service operational

21 test and evaluation components of the Department of

22 Defense concerned with such block shall, in coordina23 tion with the Missile Defense Agency and subject to

24 the review and approval of the Director of Oper25 ational Test and Evaluation, prepare a plan to test,
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1 evaluate, and characterize the operational capability

2 of such block.

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

4 under this subsection shall be appropriate for the level

5 of technological maturity of the block to be tested.

6 (b) REPORTS ON TEST AND EVALUATION OF

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

8 block 06, and of each subsequent block, of the Ballistic Mis9 sile Defense System, the Director of Operational Test and

10 Evaluation shall submit to the Secretary of Defense, and

11 to the congressional defense committees, a report

12 providing—

13 (1) the assessment of the Director as to whether

14 or not such test and evaluation was adequate to

15 evaluate the operational capability of such block; and

16 (2) the characterization of the Director as to the

17 operational effectiveness, suitability, and survivability

18 of such block, as appropriate for the level of techno19 logical maturity of the block to be tested.

20 SEC. 224. ARROW BALLISTIC MISSILE DEFENSE SYSTEM.

21 Of the amount authorized to be appropriated by sec22 tion 201(5) for research, development, test, and evaluation

23 for Defense-wide activities and available for ballistic missile

24 defense, $80,000,000 may be available for coproduction of

25 the Arrow ballistic missile defense system.
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1 Subtitle D—High-Performance De2 fense Manufacturing Technology

3 Research and Development

4 SEC. 231. RESEARCH AND DEVELOPMENT.

5 (a) IDENTIFICATION OF ENHANCED PROCESSES AND

6 TECHNOLOGIES.—The Under Secretary of the Defense for

7 Acquisition, Technology, and Logistics shall identify ad8 vanced manufacturing processes and technologies whose uti9 lization will achieve significant productivity and efficiency

10 gains in the defense manufacturing base.

11 (b) RESEARCH AND DEVELOPMENT.—The Under Sec12 retary shall undertake research and development on proc13 esses and technologies identified under subsection (a) that

14 addresses, in particular—

15 (1) innovative manufacturing processes and ad16 vanced technologies; and

17 (2) the creation of extended production enter18 prises using information technology and new business

19 models.

20 (c) DEFENSE PRIORITIES.—In undertaking research

21 and development under subsection (b), the Under Secretary

22 shall consider defense priorities established in the most cur23 rent Joint Warfighting Science and Technology Plan.
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1 SEC. 232. TRANSITION OF TRANSFORMATIONAL MANUFAC2 TURING PROCESSES AND TECHNOLOGIES TO

3 THE DEFENSE MANUFACTURING BASE.

4 (a) ACCELERATION OF TRANSITION FROM SCIENCE

5 AND TECHNOLOGY.—

6 (1) IN GENERAL.—The Under Secretary of De7 fense for Acquisition, Technology, and Logistics shall

8 undertake appropriate actions to accelerate the tran9 sition of transformational manufacturing technologies

10 and processes (including processes and technologies

11 identified under section 231) from the research stage

12 to utilization by manufacturers in the defense manu13 facturing base.

14 (2) EXECUTION.—The actions undertaken under

15 paragraph (1) shall include a memorandum of under16 standing among the Director of Defense Research and

17 Engineering, other appropriate elements of the De18 partment of Defense, and the Joint Defense Manufac19 turing Technology Panel to accelerate the transition

20 of technologies and processes as described in that

21 paragraph.

22 (b) PROTOTYPES AND TESTBEDS.—

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

24 utilizing the Manufacturing Technology Program, un25 dertake the development of prototypes and testbeds to

26 promote the purposes of this section.
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1 (2) COORDINATION OF ACTIVITIES.—The Under

2 Secretary shall coordinate activities under this sub3 section with activities under the Small Business In4 novation Research Program and the Small Business

5 Technology Transfer Program.

6 (c) DEVELOPMENT OF IMPROVEMENT PROCESS.—The

7 Under Secretary shall, in consultation with persons and or8 ganizations in the defense manufacturing base, develop and

9 implement a program to continuously identify and utilize

10 improvements and innovative processes in appropriate de11 fense acquisition programs and by manufacturers in the de12 fense manufacturing base.

13 (d) DIFFUSION OF ENHANCEMENTS INTO DEFENSE

14 MANUFACTURING BASE.—The Under Secretary shall ensure

15 the utilization in industry of enhancements in productivity

16 and efficiency identified by reason of activities under this

17 subtitle through the following:

18 (1) Research and development activities under

19 the Manufacturing Technology Program, including

20 the establishment of public-private partnerships.

21 (2) Outreach through the Manufacturing Exten22 sion Partnership Program under memoranda of

23 agreement, cooperative programs, and other appro24 priate arrangements.
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1 (3) Coordination with activities under such other

2 current programs for the dissemination of manufac3 turing technology as the Under Secretary considers

4 appropriate.

5 (4) Identification of incentives for contractors in

6 the defense manufacturing base to incorporate and

7 utilize manufacturing enhancements in the manufac8 turing activities.

9 SEC. 233. MANUFACTURING TECHNOLOGY STRATEGIES.

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

11 Acquisition, Technology, and Logistics may—

12 (1) identify an area of technology where the de13 velopment of an industry-prepared roadmap for new

14 manufacturing and technology processes applicable to

15 defense manufacturing requirements would be bene16 ficial to the Department of Defense; and

17 (2) establish a task force, and act in cooperation,

18 with the private sector to map the strategy for the de19 velopment of manufacturing processes and tech20 nologies needed to support technology development in

21 the area identified under paragraph (1).

22 (b) COMMENCEMENT OF ROADMAPPING.—The Under

23 Secretary shall commence any roadmapping identified pur24 suant to subsection (a)(1) not later than January 2007.
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1 SEC. 234. REPORT.

2 (a) IN GENERAL.—Not later than December 31, 2007,

3 the Under Secretary of the Defense for Acquisition, Tech4 nology, and Logistics shall submit to the congressional de5 fense committees a report on the actions undertaken by the

6 Under Secretary under this subtitle during fiscal year 2006.

7 (b) ELEMENTS.—The report under subsection (a) shall

8 include—

9 (1) a comprehensive description of the actions

10 undertaken under this subtitle during fiscal year

11 2006;

12 (2) an assessment of effectiveness of such actions

13 in enhancing research and development on manufac14 turing technologies and processes, and implementa15 tion of such within the defense manufacturing base;

16 and

17 (3) such recommendations as the Under Sec18 retary considers appropriate for additional actions to

19 be undertaken in order to increase the effectiveness of

20 the actions undertaken under this subtitle in enhanc21 ing manufacturing activities within the defense man22 ufacturing base.

23 SEC. 235. DEFINITIONS.

24 In this subtitle:

25 (1) DEFENSE MANUFACTURING BASE.—The term

26 ‘‘defense manufacturing base’’ includes any supplier
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1 of the Department of Defense, including a supplier of

2 raw materials.

3 (2) EXTENDED PRODUCTION ENTERPRISE.—The

4 term ‘‘extended production enterprise’’ means a sys5 tem in which key entities, including entities engaged

6 in product development, manufacturing, sourcing,

7 and user entities, in the manufacturing chain are

8 linked together through information technology and

9 other means to promote efficiency and productivity.

10 (3) MANUFACTURING EXTENSION PARTNERSHIP

11 PROGRAM.—The term ‘‘Manufacturing Extension

12 Partnership Program’’ means the Manufacturing Ex13 tension Partnership Program of the Department of

14 Commerce.

15 (4) MANUFACTURING TECHNOLOGY PROGRAM.—

16 The term ‘‘Manufacturing Technology Program’’

17 means the Manufacturing Technology Program under

18 the Director of Defense Research and Engineering

19 under section 2521 of title 10, United States Code.

20 (5) SMALL BUSINESS INNOVATION RESEARCH

21 PROGRAM.—The term ‘‘Small Business Innovation

22 Research Program’’ has the meaning given that term

23 in section 2055(11) of title 10, United States Code.

24 (6) SMALL BUSINESS TECHNOLOGY TRANSFER

25 PROGRAM.—The term ‘‘Small Business Technology
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1 Transfer Program’’ has the meaning given that term

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

3 Subtitle E—Other Matters

4 SEC. 241. EXPANSION OF ELIGIBILITY FOR LEADERSHIP OF

5 DEPARTMENT OF DEFENSE TEST RESOURCE

6 MANAGEMENT CENTER.

7 (a) DIRECTOR OF CENTER.—Paragraph (1) of section

8 196(b) of title 10, United States Code, is amended by strik9 ing ‘‘commissioned officers’’ and all that follows through the

10 end of the sentence and inserting ‘‘individuals who have

11 substantial experience in the field of test and evaluation.’’.

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

13 of such section is amended by striking ‘‘senior civilian offi14 cers and employees of the Department of Defense’’ and in15 serting ‘‘individuals’’.

16 SEC. 242. TECHNOLOGY TRANSITION.

17 (a) CLARIFICATION OF DUTIES OF TECHNOLOGY

18 TRANSITION COUNCIL.—Paragraph (2) of section 2359a(g)

19 of title 10, United States Code, is amended to read as fol20 lows:

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

22 Undersecretary of Defense for Acquisition, Technology, and

23 Logistics in the development of policies to facilitate the

24 rapid transition of technologies from science and technology
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1 programs of the Department of Defense into acquisition

2 programs of the Department.’’.

3 (b) REPORT ON TECHNOLOGY TRANSITION.—

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

5 working through the Technology Transition Council,

6 shall submit to the congressional defense committees a

7 report on the challenges associated with technology

8 transition from the science and technology programs

9 of the Department of Defense to the acquisition pro10 grams of the Department, and a strategy to address

11 such challenges, including—

12 (A) a description of any organizational bar13 riers to technology transition between operations,

14 acquisition, and technology development compo15 nents of the Department;

16 (B) an assessment of the effect of Depart17 ment acquisition regulations on technology tran18 sition;

19 (C) a description of the role of technology

20 transition in the planning, programming, and

21 budgeting processes of the Department;

22 (D) a description of any other challenges as23 sociated with technology transition in the De24 partment that are identified by the Secretary;
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1 (E) a Department-wide strategy for pur2 suing technology transition; and

3 (F) such recommendations as the Secretary

4 considers appropriate for the improvement of

5 technology transition and for the elimination of

6 internal barriers within the Department to tech7 nology transition.

8 (2) SUBMITTAL DATE.—The report under para9 graph (1) shall be submitted at the same time the

10 budget of the President is submitted to Congress pur11 suant to section 1105(a) of title 31, United States

12 Code, for fiscal year 2007.

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

14 BLAST INJURIES.

15 (a) DESIGNATION OF EXECUTIVE AGENT.—The Sec16 retary of Defense shall designate a senior official of the De17 partment of Defense as the executive agent responsible for

18 coordinating and managing the programs and efforts of the

19 Department of Defense with respect to the prevention, miti20 gation, and treatment of blast injuries.

21 (b) GENERAL RESPONSIBILITY.—The executive agent

22 designated under subsection (a) shall be responsible for en23 suring that—

24 (1) the programs and efforts of the Department

25 of Defense on the prevention, mitigation, and treat-
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1 ment of blast injuries are adequate to meet require2 ments relating to the prevention, mitigation, and

3 treatment of such injuries; and

4 (2) the resources devoted to such programs and

5 efforts facilitate the achievement of the objective speci6 fied in paragraph (1).

7 (c) RESEARCH EFFORTS.—The executive agent des8 ignated under subsection (a) shall—

9 (1) review and assess the adequacy of current re10 search efforts of the Department of Defense on the pre11 vention, mitigation, and treatment of such injuries;

12 (2) establish requirements for such research ef13 forts in order to enhance and accelerate such research

14 efforts; and

15 (3) establish, coordinate, and oversee Depart16 ment-wide research efforts on the prevention, mitiga17 tion, and treatment of such injuries, including—

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

19 research on—

20 (i) blast characterization in a variety

21 of environments;

22 (ii) modeling and simulation of safe

23 blast stand-off distances;

24 (iii) detect and defeat capabilities; and
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1 (iv) such other matters as such official

2 considers appropriate;

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

4 research on—

5 (i) armor design and materials testing

6 for blast and ballistic protection;

7 (ii) the design of a comprehensive, in8 tegrated, flexible armor system which pro9 vides blast, ballistic, and fire protection for

10 the head, neck, ears, eyes, torso, and extrem11 ities; and

12 (iii) such other matters as such official

13 considers appropriate; and

14 (C) in the case of blast injury treatment, re15 search on emerging military medical tech16 nologies, pharmacological agents, devices, and

17 treatment and rehabilitation techniques.

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

19 subsection (a) shall conduct studies on the prevention, miti20 gation, and treatment of blast injuries, including—

21 (1) studies to improve the clinical evaluation

22 and treatment of blast injuries, with an emphasis on

23 traumatic brain injuries and other consequences of

24 blast injury, including acoustic and eye injuries and

25 injuries resulting from over-pressure wave; and
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1 (2) studies to develop improved clinical protocols

2 by which physicians—

3 (A) can more accurately evaluate traumatic

4 brain injuries and discriminate between trau5 matic brain injuries and post traumatic stress

6 disorder (including improved diagnostic and cog7 nitive measures);

8 (B) can identify members of the Armed

9 Forces who may have both traumatic brain in10 jury and post traumatic stress disorder; and

11 (C) can develop integrated treatment ap12 proaches for servicemembers who have both trau13 matic brain injuries and post traumatic stress

14 disorder and other multiple injuries.

15 (e) PILOT PROJECTS.—The executive agent designated

16 under subsection (a) shall commence in fiscal year 2006 not

17 less than three pilot projects on the prevention, mitigation,

18 and treatment of blast injuries, including pilot projects—

19 (1) to study the incidence in returning soldiers

20 of traumatic brain injuries attributable to blast inju21 ries;

22 (2) to develop protocols for medical tracking of

23 members of the Armed Forces for up to five years fol24 lowing blast injuries; and
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1 (3) to refine and improve educational interven2 tions for blast injury survivors and their families.

3 (f) TRAINING PROGRAM.—The executive agent des4 ignated under subsection (a) shall establish a training pro5 gram for medical and non-medical personnel on the preven6 tion, mitigation, and treatment of blast injuries which pro7 gram shall be intended to improve field and clinical train8 ing on early identification of blast injury consequences, both

9 seen and unseen, including traumatic brain injuries, acous10 tic injuries, and internal injuries.

11 (g) TREATMENT PROGRAM.—The executive agent des12 ignated under subsection (a) shall conduct a treatment pro13 gram intended to enhance the evaluation and care of mem14 bers of the Armed Forces with traumatic brain injuries in

15 medical facilities in the United States and in deployed

16 medical facilities.

17 (h) ANNUAL REPORTS ON BLAST INJURY MATTERS.—

18 (1) REPORTS REQUIRED.—Not later than Feb19 ruary 15, 2006, and annually thereafter through

20 2010, the Secretary of Defense shall submit to the con21 gressional defense committees a report on the efforts

22 of the Department of Defense to prevent, mitigate,

23 and treat blast injuries.

24 (2) ELEMENTS.—Each report under paragraph

25 (1) shall include the following:
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1 (A) A description of the activities under2 taken under this section during the year pre3 ceding the report to improve the prevention,

4 mitigation, and treatment of blast injuries.

5 (B) A consolidated budget presentation for

6 the programs and activities of the Department of

7 Defense during the fiscal year beginning in the

8 year of the report for the prevention, mitigation,

9 and treatment of blast injuries.

10 (C) A description of any gaps in the capa11 bilities of the Department under its programs

12 and activities for the prevention, mitigation, and

13 treatment of blast injuries, and a description of

14 any plans or projects to address such gaps.

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

16 with other departments and agencies of the Fed17 eral Government, and with other countries, dur18 ing the year preceding the report in efforts for

19 the prevention, mitigation, and treatment of

20 blast injuries.

21 (E) A description of any efforts during the

22 year preceding the report to disseminate findings

23 on the mitigation and treatment of blast injuries

24 through civilian and military research and med25 ical communities.
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1 (F) A description of the status of efforts

2 during the year preceding the report to design a

3 comprehensive force protection system that is ef4 fective in confronting blast, ballistic, and fire

5 threats.

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

7 term ‘‘blast injuries’’ means injuries that occur as the result

8 of the detonation of high explosives, including vehicle-borne

9 and person-borne explosive devices, rocket-propelled gre10 nades, and improvised explosive devices.

11 SEC. 244. MODIFICATION OF REQUIREMENTS FOR REPORTS

12 ON PROGRAM TO AWARD PRIZES FOR AD13 VANCED TECHNOLOGY ACHIEVEMENTS.

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

15 States Code, is amended to read as follows:

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

17 each year, the Secretary shall submit to the Committees on

18 Armed Services of the Senate and the House of Representa19 tives a report on the activities undertaken by the Defense

20 Advanced Research Projects Agency in the preceding year

21 under the authority of this section.

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

23 include the following:

24 ‘‘(A) The results of consultations between the Di25 rector and officials of the military departments re-
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1 garding the areas of research, technology development,

2 or prototype development for which prizes would be

3 awarded under the program under this section.

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

5 competitions established under the program, including

6 the areas of research, technology development, or pro7 totype development to be promoted by such competi8 tions and the relationship of such areas to the mili9 tary missions of the Department.

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

11 under the program, including a description of the

12 manner in which the amounts of cash prizes awarded

13 and claimed were allocated among the accounts of the

14 Defense Advanced Research Projects Agency for re15 cording as obligations and expenditures.

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

17 evaluation of submissions under the program, together

18 with an assessment of the effectiveness of such meth19 ods.

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

21 personnel and funding, used in the execution of the

22 program, together with a detailed description of the

23 activities for which such resources were used.

24 ‘‘(F) A description of any plans to transition the

25 technologies or prototypes developed as a result of the
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1 program into acquisition programs of the Depart2 ment.

3 ‘‘(G) For each competition under the program, a

4 statement of the reasons why the competition was a

5 preferable means of promoting basic, advanced, or ap6 plied research, technology development, or prototype

7 development projects to other means of promoting

8 such projects, including contracts, grants, cooperative

9 agreements, or other transactions.’’.

10 SEC. 245. DESIGNATION OF FACILITIES AND RESOURCES

11 CONSTITUTING THE MAJOR RANGE AND TEST

12 FACILITY BASE.

13 (a) DEPARTMENT OF DEFENSE TEST RESOURCE MAN14 AGEMENT CENTER.—Section 196(h) of title 10, United

15 States Code, is amended by striking ‘‘Director of Oper16 ational Test and Evaluation’’ and inserting ‘‘Secretary of

17 Defense’’.

18 (b) INSTITUTIONAL FUNDING OF TEST AND EVALUA19 TION ACTIVITIES.—Section 232(b)(1) of the Bob Stump Na20 tional Defense Authorization Act for Fiscal Year 2003 (Pub21 lic Law 107–314; 116 Stat. 2490) is amended by striking

22 ‘‘Director of Operational Test and Evaluation’’ and insert23 ing ‘‘Secretary of Defense’’.
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1 SEC. 246. REPORT ON COOPERATION BETWEEN THE DE2 PARTMENT OF DEFENSE AND THE NATIONAL

3 AERONAUTICS AND SPACE ADMINISTRATION

4 ON RESEARCH, DEVELOPMENT, TEST, AND

5 EVALUATION ACTIVITIES.

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

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

8 of Defense and the Administrator of the National Aero9 nautics and Space Administration shall jointly submit to

10 Congress a report setting forth the recommendations of the

11 Secretary and the Administrator regarding cooperative ac12 tivities between the Department of Defense and the National

13 Aeronautics and Space Administration related to research,

14 development, test, and evaluation on areas of mutual inter15 est to the Department and the Administration.

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

17 to the Department of Defense and the National Aeronautics

18 and Space Administration referred to in subsection (a) may

19 include, but not be limited to, areas relating to the fol20 lowing:

21 (1) Aeronautics research.

22 (2) Facilities, personnel, and support infrastruc23 ture.

24 (3) Propulsion and power technologies.

25 (4) Space access and operations.
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1 SEC. 247. DELAYED EFFECTIVE DATE FOR LIMITATION ON

2 PROCUREMENT OF SYSTEMS NOT GPS3 EQUIPPED.

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

5 the National Defense Authorization Act for Fiscal Year

6 1994 (Public Law 103–160; 107 Stat. 1578), as amended

7 by section 218(e) of the Strom Thurmond National Defense

8 Authorization Act for Fiscal Year 1999 (Public Law 105–

9 261; 112 Stat. 1952; 10 U.S.C. 2281 note), is further

10 amended by striking ‘‘2005’’ and inserting ‘‘2007’’.

11 (b) RATIFICATION OF ACTIONS.—Any obligation or ex12 penditure of funds by the Department of Defense during the

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

14 date of the enactment of this Act to modify or procure a

15 Department of Defense aircraft, ship, armored vehicle, or

16 indirect-fire weapon system that is not equipped with a

17 Global Positioning System receiver is hereby ratified.

18 SEC. 248. REPORT ON DEVELOPMENT AND USE OF ROBOT19 ICS AND UNMANNED GROUND VEHICLE SYS20 TEMS.

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

22 after the date of the enactment of this Act, the Under Sec23 retary of Defense for Acquisition, Technology, and Logistics

24 shall submit to the congressional defense committees a re25 port on the development and utilization of robotics and un-
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1 manned ground vehicle systems by the Department of De2 fense.

3 (b) ELEMENTS.—The report required by subsection (a)

4 shall include the following:

5 (1) A description of the utilization of robotics

6 and unmanned ground vehicle systems in current

7 military operations.

8 (2) A description of the manner in which the de9 velopment of robotics and unmanned ground vehicle

10 systems capabilities supports current major acquisi11 tion programs of the Department of Defense.

12 (3) A detailed description, including budget esti13 mates, of all Department programs and activities on

14 robotics and unmanned ground vehicle systems for fis15 cal years 2004 through 2012, including programs and

16 activities relating to research, development, test and

17 evaluation, procurement, and operation and mainte18 nance.

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

20 development strategy of the Department on technology

21 for the development and integration of new robotics

22 and unmanned ground vehicle systems capabilities in

23 support of Department missions.

24 (5) A description of any planned demonstration

25 or experimentation activities of the Department that
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1 will support the development and deployment of ro2 botics and unmanned ground vehicle systems by the

3 Department.

4 (6) A statement of the Department organizations

5 currently participating in the development of new ro6 botics or unmanned ground vehicle systems capabili7 ties, including the specific missions of each such orga8 nization in such efforts.

9 (7) A description of the activities of the Depart10 ment to collaborate with industry, academia, and

11 other Government and nongovernment organizations

12 in the development of new capabilities in robotics and

13 unmanned ground vehicle systems.

14 (8) An assessment of the short-term and long15 term ability of the industrial base of the United

16 States to support the production of robotics and un17 manned ground vehicle systems to meet Department

18 requirements.

19 (9) An assessment of the progress being made to

20 achieve the goal established by section 220(a)(2) of the

21 Floyd D. Spence National Defense Authorization Act

22 for Fiscal Year 2001 (as enacted into law by Public

23 Law 106–398; 114 Stat. 1654A–38) that, by 2015,

24 one-third of operational ground combat vehicles be

25 unmanned.
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1 (10) An assessment of international research,

2 technology, and military capabilities in robotics and

3 unmanned ground vehicle systems.

4 TITLE III—OPERATION AND

5 MAINTENANCE

6 Subtitle A—Authorization of

7 Appropriations

8 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

9 Funds are hereby authorized to be appropriated for fis10 cal year 2006 for the use of the Armed Forces and other

11 activities and agencies of the Department of Defense for ex12 penses, not otherwise provided for, for operation and main13 tenance, in amounts as follows:

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

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

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

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

18 (5) For Defense-wide activities, $18,584,469,000.

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

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

21 (8) For the Marine Corps Reserve, $199,934,000.

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

23 (10) For the Army National Guard,

24 $4,528,019,000.
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1 (11) For the Air National Guard,

2 $4,772,991,000.

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, $261,921,000.

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 $1,471,340,000.

5 (2) For the National Defense Sealift Fund,

6 $1,011,304,000.

7 SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

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

9 authorized to be appropriated for the Department of Defense

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

11 for the Defense Health Program, $19,900,812,000, of

12 which—

13 (1) $19,351,337,000 is for Operation and Main14 tenance;

15 (2) $174,156,000 is for Research, Development,

16 Test, and Evaluation; and

17 (3) $375,319,000 is for Procurement.

18 (b) CHEMICAL AGENTS AND MUNITIONS DESTRUC19 TION, DEFENSE.—(1) Funds are hereby authorized to be ap20 propriated for the Department of Defense for fiscal year

21 2006 for expenses, not otherwise provided for, for Chemical

22 Agents and Munitions Destruction, Defense,

23 $1,425,827,000, of which—

24 (A) $1,241,514,000 is for Operation and Mainte25 nance;
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1 (B) $67,786,000 is for Research, Development,

2 Test, and Evaluation; and

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

4 (2) Amounts authorized to be appropriated under

5 paragraph (1) are authorized for—

6 (A) the destruction of lethal chemical agents and

7 munitions in accordance with section 1412 of the De8 partment of Defense Authorization Act, 1986 (50

9 U.S.C. 1521); and

10 (B) the destruction of chemical warfare materiel

11 of the United States that is not covered by section

12 1412 of such Act.

13 (c) DRUG INTERDICTION AND COUNTER-DRUG ACTIVI14 TIES, DEFENSE-WIDE.—Funds are hereby authorized to be

15 appropriated for the Department of Defense for fiscal year

16 2006 for expenses, not otherwise provided for, for Drug

17 Interdiction and Counter-Drug Activities, Defense-wide,

18 $895,741,000.

19 (d) DEFENSE INSPECTOR GENERAL.—Funds are here20 by authorized to be appropriated for the Department of De21 fense for fiscal year 2006 for expenses, not otherwise pro22 vided for, for the Office of the Inspector General of the De23 partment of Defense, $209,687,000, of which—

24 (1) $208,687,000 is for Operation and Mainte25 nance; and
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1 (2) $1,000,000 is for Procurement.

2 SEC. 304. NAVY HUMAN RESOURCES BENEFIT CALL CEN3 TER.

4 Of the amount authorized to be appropriated by sec5 tion 301(2) for operation and maintenance for the Navy,

6 $1,500,000 may be available for civilian manpower and

7 personnel for a human resources benefit call center.

8 Subtitle B—Environmental

9 Provisions

10 SEC. 311. ELIMINATION AND SIMPLIFICATION OF CERTAIN

11 ITEMS REQUIRED IN THE ANNUAL REPORT

12 ON ENVIRONMENTAL QUALITY PROGRAMS

13 AND OTHER ENVIRONMENTAL ACTIVITIES.

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

15 amended—

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

17 (2) by inserting after subparagraph (C) the fol18 lowing new subparagraph:

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

20 or assessed against the Department of Defense and the

21 military departments under Federal, State, or local

22 environmental laws during the fiscal year in which

23 the report is submitted and the four preceding fiscal

24 years, which summary shall include—
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1 ‘‘(i) a trend analysis of such fines and pen2 alties for military installations inside and out3 side the United States; and

4 ‘‘(ii) a list of such fines or penalties that ex5 ceeded $500,000 and the provisions of law under

6 which such fines or penalties were imposed or as7 sessed.’’;

8 (3) by redesignating subparagraph (F) as sub9 paragraph (E); and

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

11 paragraph (3), by striking ‘‘and amounts for con12 ferences’’ and all that follows through ‘‘such activi13 ties’’.

14 SEC. 312. PAYMENT OF CERTAIN PRIVATE CLEANUP COSTS

15 IN CONNECTION WITH THE DEFENSE ENVI16 RONMENTAL RESTORATION PROGRAM.

17 (a) PAYMENT FOR ACTIVITIES AT FORMER DEFENSE

18 PROPERTY THAT IS SUBJECT TO COVENANT FOR ADDI19 TIONAL REMEDIAL ACTION.—Subsection (d) of section 2701

20 of title 10, United States Code, is amended—

21 (1) in paragraph (1)—

22 (A) by striking ‘‘paragraph (3)’’ and insert23 ing ‘‘paragraphs (3) and (4)’’;
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1 (B) by inserting ‘‘any owner of covenant

2 property,’’ after ‘‘tribe,’’ the first place it ap3 pears; and

4 (C) by inserting ‘‘owner of covenant prop5 erty,’’ after ‘‘tribe,’’ the second place it appears;

6 (2) by redesignating paragraph (4) as para7 graph (5);

8 (3) by inserting after paragraph (3) the fol9 lowing new paragraph:

10 ‘‘(4) PERFORMANCE OF SERVICES ON COVENANT

11 PROPERTY.—An owner of covenant property may not

12 be paid on a reimbursable or other basis for services

13 performed under an agreement under paragraph (1)

14 unless such services are performed on such covenant

15 property.’’; and

16 (4) in paragraph (5), as redesignated by para17 graph (2), by adding at the end the following new

18 subparagraph:

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

20 means an owner of property subject to a cov21 enant provided by the United States in accord22 ance with section 120(h)(3)(A)(ii)(II) of

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

24 (b) APPLICABLE CLEANUP STANDARDS.—Paragraph

25 (3) of such subsection is further amended—
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1 (1) by striking ‘‘An agreement’’ and inserting

2 ‘‘(A) An agreement’’; and

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

4 subparagraph:

5 ‘‘(B) An agreement under paragraph (1) may

6 not change the cleanup standards applicable to the

7 site as established by law.’’.

8 (c) SOURCE OF FUNDS FOR FORMER BASE CLOSURE

9 AND REALIGNMENT PROPERTY SUBJECT TO COVENANT FOR

10 ADDITIONAL REMEDIAL ACTION.—Section 2703 of such

11 title is amended—

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

13 source’’ and inserting ‘‘Except as provided in sub14 section (h), the sole source’’; and

15 (2) by adding at the end the following new sub16 section:

17 ‘‘(h) SOLE SOURCE OF FUNDS FOR CERTAIN ENVIRON18 MENTAL REMEDIATION AT BASE REALIGNMENT AND CLO19 SURE SITES.—In the case of property disposed of pursuant

20 to a base closure law and subject to a covenant described

21 in subsection (d)(5)(C) of section 2701 of this title, the sole

22 source of funds for services under subsection (d)(1) of such

23 section shall be the base closure account established under

24 the base closure law under which such property was dis25 posed of.’’.
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1 Subtitle C—Other Matters

2 SEC. 321. AIRCRAFT CARRIERS.

3 (a) FUNDING FOR REPAIR AND MAINTENANCE OF

4 U.S.S. JOHN F. KENNEDY.—Of the amounts authorized to

5 be appropriated for operation and maintenance for the

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

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

8 and maintenance to extend the life of U.S.S. John F. Ken9 nedy.

10 (b) LIMITATION ON REDUCTION IN NUMBER OF ACTIVE

11 AIRCRAFT CARRIERS.—

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

13 may not reduce the number of active aircraft carriers

14 of the Navy below 12 active aircraft carriers until the

15 later of the following:

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

17 of the submittal to Congress of the quadrennial

18 defense review required in 2005 under section

19 118 of title 10, United States Code.

20 (B) The date on which the Secretary of De21 fense, in consultation with the Chairman of the

22 Joint Chiefs of Staff, certifies to the congres23 sional defense committees that such agreements

24 have been entered into to provide port facilities

25 for the permanent forward deployment of such
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1 number of aircraft carriers as is necessary in the

2 Pacific Command Area of Responsibility to ful3 fill the roles and missions of that Command, in4 cluding agreements for the forward deployment

5 of a nuclear aircraft carrier after the retirement

6 of the current two conventional aircraft carriers.

7 (2) ACTIVE AIRCRAFT CARRIERS.—For purposes

8 of this subsection, an active aircraft carrier of the

9 Navy includes an aircraft carrier that is temporarily

10 unavailable for worldwide deployment due to routine

11 or scheduled maintenance.

12 SEC. 322. LIMITATION ON TRANSITION OF FUNDING FOR

13 EAST COAST SHIPYARDS FROM FUNDING

14 THROUGH NAVY WORKING CAPITAL FUND TO

15 DIRECT FUNDING.

16 (a) LIMITATION.—The Secretary of the Navy may not

17 convert funding for the shipyards of the Navy on the East18 ern Coast of the United States from funding through the

19 working capital fund of the Navy to funding on a direct

20 basis (also known as ‘‘mission funding’’) until the later of—

21 (1) the date that is six months after the date on

22 which the Secretary submits to the congressional de23 fense committees the report required by subsection (b);

24 or

25 (2) October 1, 2006.
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1 (b) REPORT ON DIRECT FUNDING FOR PUGET SOUND

2 NAVAL SHIPYARD.—The Secretary shall submit to the con3 gressional defense committees a report that contains the as4 sessment of the Secretary on the effects on Puget Sound

5 Naval Shipyard, Washington, of the conversion of funding

6 for Puget Sound Naval Shipyard from funding through the

7 working capital fund of the Navy to funding on a direct

8 basis.

9 SEC. 323. USE OF FUNDS FROM NATIONAL DEFENSE SEA10 LIFT FUND TO EXERCISE PURCHASE OPTIONS

11 ON MARITIME PREPOSITIONING SHIP VES12 SELS.

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

14 of section 2218(f)(1) of title 10, United States Code, the Sec15 retary of Defense may obligate and expend any funds in

16 the National Defense Sealift Fund to exercise options to

17 purchase three Maritime Prepositioning Ship (MPS) vessels

18 under charter to the Navy as of the date of the enactment

19 of this Act, the contracts for which charters expire in 2009.

20 (b) NATIONAL DEFENSE SEALIFT FUND DEFINED.—

21 In this section, the term ‘‘National Defense Sealift Fund’’

22 means the National Defense Sealift Fund established by sec23 tion 2218 of title 10, United States Code.
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1 SEC. 324. PURCHASE AND DESTRUCTION OF WEAPONS

2 OVERSEAS.

3 (a) AUTHORITY TO USE FUNDS.—

4 (1) IN GENERAL.—Subchapter I of chapter 134

5 of title 10, United States Code, is amended by adding

6 at the end the following new section:

7 ‘‘§ 2249d. Use of appropriated funds for purchase and

8 destruction of weapons overseas

9 ‘‘(a) PURCHASE OF WEAPONS.—Amounts appro10 priated or otherwise available to the Department of Defense

11 for operation and maintenance may be used to purchase

12 weapons overseas from any person, foreign government,

13 international organization, or other entity for the purpose

14 of protecting United States forces engaged in military oper15 ations overseas.

16 ‘‘(b) DESTRUCTION OF WEAPONS.—Weapons pur17 chased under the authority in subsection (a) may be de18 stroyed.

19 ‘‘(c) NOTICE TO CONGRESS.—The Secretary of Defense

20 shall promptly notify the congressional defense committees

21 of any use of the authority in subsection (a) to purchase

22 weapons.’’.

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of such subchapter is amended

25 by adding at the end the following new item:
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‘‘2249d. Use of appropriated funds for purchase and destruction of weapons overseas.’’.

1 (b) EFFECTIVE DATE.—The amendments made by this

2 section shall take effect on October 1, 2005, and shall apply

3 with respect to funds appropriated or otherwise made avail4 able for fiscal years after fiscal year 2005.

5 SEC. 325. INCREASE IN MAXIMUM CONTRACT AMOUNT FOR

6 PROCUREMENT OF SUPPLIES AND SERVICES

7 FROM EXCHANGE STORES OUTSIDE THE

8 UNITED STATES.

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

10 amended by striking ‘‘$50,000’’ and inserting ‘‘$100,000’’.

11 SEC. 326. EXTENSION OF AUTHORITY TO PROVIDE LOGIS12 TICS SUPPORT AND SERVICES FOR WEAPON

13 SYSTEMS CONTRACTORS.

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

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

16 314; 116 Stat. 2520; 10 U.S.C. 2302 note) is amended by

17 striking ‘‘September 30, 2007’’ and inserting ‘‘September

18 30, 2010’’.

19 SEC. 327. ARMY TRAINING STRATEGY.

20 (a) TRAINING STRATEGY.—

21 (1) STRATEGY REQUIRED.—The Secretary of the

22 Army shall develop and implement a training strat23 egy to ensure the readiness of brigade-based combat

24 teams and functional supporting brigades.
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1 (2) ELEMENTS.—The training strategy shall in2 clude the following:

3 (A) A statement of the purpose of training

4 for brigade-based combat teams and supporting

5 brigades.

6 (B) Performance goals for both active and

7 reserve brigade-based combat teams and sup8 porting brigades, including goals for live, vir9 tual, and constructive training for each compo10 nent and brigade type.

11 (C) Metrics to quantify performance against

12 the performance goals specified under subpara13 graph (B).

14 (D) A process to report the accomplishment

15 of collective training by which Army leadership

16 can monitor the training performance of bri17 gade-based combat teams and functional sup18 porting brigades.

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

20 operation and maintenance funding required to

21 attain training goals.

22 (b) REPORT.—

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

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

25 Secretary of the Army shall submit to the congres-
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1 sional defense committees a report on the require2 ments to be fulfilled in order to implement the train3 ing strategy developed under subsection (a).

4 (2) ELEMENTS.—The report shall include the fol5 lowing:

6 (A) A discussion of the training strategy de7 veloped under subsection (a), including a de8 scription of performance goals and metrics devel9 oped under that subsection.

10 (B) A discussion and description of the

11 training range requirements necessary to imple12 ment the training strategy.

13 (C) A discussion and description of the

14 training aids, devices, simulations and simula15 tors necessary to implement the training strat16 egy.

17 (D) A list of the funding requirements,

18 itemized by fiscal year and specified in a format

19 consistent with the future-years defense program

20 to accompany the budget of the President for fis21 cal year 2007 under section 221 of title 10,

22 United States Code, necessary to fulfill the range

23 requirements described in subparagraph (B) and

24 to provide the training aids, devices, simula-
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1 tions, and simulators described in subparagraphs

2 (C).

3 (E) A schedule for the implementation of

4 the training strategy.

5 (F) A discussion of the challenges that the

6 Army anticipates in the implementation of the

7 training strategy.

8 (c) COMPTROLLER GENERAL REVIEW OF IMPLEMEN9 TATION.—

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

11 the United States shall monitor the implementation of

12 the training strategy developed under subsection (a).

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

14 date of the enactment of this Act, the Comptroller

15 General shall submit to the congressional defense com16 mittees a report containing the assessment of the

17 Comptroller General of the current progress of the

18 Army in implementing the training strategy.

19 SEC. 328. LIMITATION ON FINANCIAL MANAGEMENT IM20 PROVEMENT AND AUDIT INITIATIVES WITHIN

21 THE DEPARTMENT OF DEFENSE.

22 Amounts authorized to be appropriated to the Depart23 ment of Defense for fiscal year 2006 may not be obligated

24 or expended for the purposes of financial management im25 provement activities relating to the preparation, processing,
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1 or auditing of financial statements until the Secretary of

2 Defense prepares and submits to the congressional defense

3 committees the following:

4 (1) A comprehensive and integrated financial

5 management improvement plan that—

6 (A) describes specific actions to be taken to

7 correct financial management deficiencies that

8 impair the ability of the Department of Defense

9 to prepare timely, reliable, and complete finan10 cial management information; and

11 (B) systematically ties such actions to proc12 ess and control improvements and business sys13 tems modernization efforts described in the busi14 ness enterprise architecture and transition plan

15 required by section 2222 of title 10, United

16 States Code.

17 (2) A written determination that each of the fi18 nancial management improvement activities to be un19 dertaken are—

20 (A) consistent with the financial manage21 ment improvement plan submitted pursuant to

22 paragraph (1); and

23 (B) likely to improve internal controls or

24 otherwise result in sustained improvements in

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

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

4 (a) IN GENERAL.—The Secretary of Defense shall con5 duct a study on the use of ethanol fuel by the Armed Forces

6 and the Defense Agencies.

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

8 (1) an evaluation of the historical utilization of

9 ethanol fuel by the Armed Forces and the Defense

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

12 Forces and the Defense Agencies during the 5-year pe13 riod ending on the date of the report under subsection

14 (c);

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

16 Forces and the Defense Agencies for ethanol fuel for

17 each of fiscal years 2007 through 2012;

18 (3) an assessment of the current and future com19 mercial availability of ethanol fuel, including facili20 ties for the production, storage, transportation, dis21 tribution, and commercial sale of such fuel;

22 (4) an assessment of the utilization by the De23 partment of the commercial infrastructure for ethanol

24 fuel as described in paragraph (3);
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1 (5) a review of the actions of the Department to

2 coordinate with State, local, and private entities to

3 support the expansion and use of alternative fuel re4 fueling stations that are accessible to the public; and

5 (6) an assessment of the fueling infrastructure on

6 military installations in the United States, including

7 storage and distribution facilities, that could be

8 adapted or converted to the delivery of ethanol fuel,

9 including—

10 (A) an assessment of cost of the adaptation

11 or conversion of such infrastructure to the deliv12 ery of ethanol fuel; and

13 (B) an assessment of the feasibility and ad14 visability of that adaptation or conversion.

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

16 Secretary shall submit to the congressional defense commit17 tees a report on the study conducted under subsection (a).

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

19 term ‘‘ethanol fuel’’ means fuel that is 85 percent ethyl alco20 hol.
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1 SEC. 330. MODIFICATION OF AUTHORITY OF ARMY WORK2 ING-CAPITAL FUNDED FACILITIES TO EN3 GAGE IN COOPERATIVE ACTIVITIES WITH

4 NON-ARMY ENTITIES.

5 (a) APPLICABILITY OF SUNSET.—Subsection (j) of sec6 tion 4544 of title 10, United States Code, is amended by

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

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

9 (b) CREDITING OF PROCEEDS OF SALE OF ARTICLES

10 AND SERVICES.—Such section is further amended—

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

12 and inserting ‘‘subsection (f)’’;

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

14 and (i) as subsections (f), (g), (h), (i), and (j), respec15 tively;

16 (3) by inserting after subsection (d) the following

17 new subsection (e):

18 ‘‘(e) PROCEEDS CREDITED TO WORKING CAPITAL

19 FUND.—The proceeds of sale of an article or service pursu20 ant to a contract or other cooperative arrangement under

21 this section shall be credited to the working capital fund

22 that incurs the cost of manufacturing the article or per23 forming the service.’’; and

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

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

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

4 (1) the Depot Maintenance Strategy and Master

5 Plan of the Air Force reflects the essential require6 ments for the Air Force to maintain a ready and con7 trolled source of organic technical competence, thereby

8 ensuring an effective and timely response to national

9 defense contingencies and emergency requirements;

10 (2) since the publication of the Depot Mainte11 nance Strategy and Master Plan of the Air Force in

12 2002, the service has made great progress toward

13 modernizing all three of its Depots, in order to main14 tain their status as ‘‘world class’’ maintenance repair

15 and overhaul operations;

16 (3) one of the indispensable components of the

17 Depot Maintenance Strategy and Master Plan of the

18 Air Force is the commitment of the Air Force to allo19 cate $150,000,000 a year over six years, beginning in

20 fiscal year 2004, for recapitalization and investment,

21 including the procurement of technologically advanced

22 facilities and equipment, of our Nation’s three Air

23 Force depots; and

24 (4) the funds expended to date have ensured that

25 transformation projects, such as the initial implemen26 tation of ‘‘Lean’’ and ‘‘Six Sigma’’ production tech-
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1 niques, have achieved great success in reducing the

2 time necessary to perform depot maintenance on air3 craft.

4 (b) SENSE OF THE SENATE.—It is the sense of the Sen5 ate that—

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

7 implementation of its Depot Maintenance Strategy

8 and Master Plan and, in particular, meeting its com9 mitment to invest $150,000,000 a year over 6 years,

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

11 Depots; and

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

13 its commitment of $150,000,000 a year through fiscal

14 year 2009 in investments and recapitalization

15 projects pursuant to the Depot Maintenance Strategy

16 and Master Plan.

17 SEC. 332. CHILD AND FAMILY ASSISTANCE BENEFITS FOR

18 MEMBERS OF THE ARMED FORCES.

19 (a) ADDITIONAL AMOUNT FOR OPERATION AND MAIN20 TENANCE, DEFENSE-WIDE.—The amount authorized to be

21 appropriated by section 301(5) for operation and mainte22 nance, Defense-wide activities, is hereby increased by

23 $60,000,000.

24 (b) AVAILABILITY OF AMOUNT.—Of the amount au25 thorized to be appropriated by section 301(5) for operation
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1 and maintenance, Defense-wide activities, as increased by

2 subsection (a), $60,000,000 may be available as follows:

3 (1) $50,000,000 for childcare services for families

4 of members of the Armed Forces.

5 (2) $10,000,000 for family assistance centers that

6 primarily serve members of the Armed Forces and

7 their families.

8 (c) OFFSET.—Of the amounts authorized to be appro9 priated by section 301(1) for operation and maintenance,

10 Army are hereby reduced by $60,000,000.

11 SEC. 333. REIMBURSEMENT FOR CERTAIN PROTECTIVE,

12 SAFETY, OR HEALTH EQUIPMENT PUR13 CHASED BY OR FOR MEMBERS OF THE ARMED

14 FORCES FOR DEPLOYMENT IN OPERATIONS

15 IN IRAQ AND CENTRAL ASIA.

16 (a) REIMBURSEMENT REQUIRED.—

17 (1) IN GENERAL.—Subject to subsections (d) and

18 (e), the Secretary of Defense shall reimburse a mem19 ber of the Armed Forces, or a person or entity referred

20 to in paragraph (2), for the cost (including shipping

21 cost) of any protective, safety, or health equipment

22 that was purchased by such member, or such person

23 or entity on behalf of such member, before or during

24 the deployment of such member in Operation Noble

25 Eagle, Operation Enduring Freedom, or Operation
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1 Iraqi Freedom for the use of such member in connec2 tion with such operation if the unit commander of

3 such member certifies that such equipment was crit4 ical to the protection, safety, or health of such mem5 ber.

6 (2) COVERED PERSONS AND ENTITIES.—A per7 son or entity referred to in this paragraph is a family

8 member or relative of a member of the Armed Forces,

9 a non-profit organization, or a community group.

10 (3) REGULATIONS NOT REQUIRED FOR REIM11 BURSEMENT.—Reimbursements may be made under

12 this subsection in advance of the promulgation by the

13 Secretary of Defense of regulations, if any, relating to

14 the administration of this section.

15 (b) PROTECTIVE EQUIPMENT REIMBURSEMENT

16 FUND.—

17 (1) ESTABLISHMENT.—There is hereby estab18 lished an account to be known as the ‘‘Protective

19 Equipment Reimbursement Fund’’ (in this subsection

20 referred to as the ‘‘Fund’’).

21 (2) ELEMENTS.—The Fund shall consist of

22 amounts deposited in the Fund from amounts avail23 able for the Fund under subsection (g).

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

25 be available directly to the unit commanders of mem-
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1 bers of the Armed Forces for the making of reimburse2 ments for protective, safety, and health equipment

3 under subsection (a).

4 (4) DOCUMENTATION.—Each person seeking re5 imbursement under subsection (a) for protective, safe6 ty, or health equipment purchased by or on behalf of

7 a member of the Armed Forces shall submit to the

8 unit commander of such member such documentation

9 as is necessary to establish each of the following:

10 (A) The nature of such equipment, includ11 ing whether or not such equipment qualifies as

12 protective, safety, or health equipment under

13 subsection (c).

14 (B) The cost of such equipment.

15 (c) COVERED PROTECTIVE, SAFETY, AND HEALTH

16 EQUIPMENT.—Protective, safety, and health equipment for

17 which reimbursement shall be made under subsection (a)

18 shall include personal body armor, collective armor or pro19 tective equipment (including armor or protective equipment

20 for high mobility multi-purpose wheeled vehicles), and items

21 provided through the Rapid Fielding Initiative of the

22 Army, or equivalent programs of the other Armed Forces,

23 such as the advanced (on-the-move) hydration system, the

24 advanced combat helmet, the close combat optics system, a
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1 Global Positioning System (GPS) receiver, a gun scope, and

2 a soldier intercommunication device.

3 (d) LIMITATION REGARDING AMOUNT OF REIMBURSE4 MENT.—The amount of reimbursement provided under sub5 section (a) per item of protective, safety, and health equip6 ment purchased by or on behalf of any given member of

7 the Armed Forces may not exceed the lesser of—

8 (1) the cost of such equipment (including ship9 ping cost); or

10 (2) $1,100.

11 (e) LIMITATION ON DATE OF PURCHASE.—Reimburse12 ment may be made under subsection (a) only for protective,

13 safety, and health equipment purchased before October 1,

14 2006.

15 (f) OWNERSHIP OF EQUIPMENT.—The Secretary shall

16 identify the circumstances, if any, under which the United

17 States shall assume title or ownership of protective, safety,

18 or health equipment for which reimbursement is provided

19 under subsection (a).

20 (g) FUNDING.—

21 (1) IN GENERAL.—Except as provided in para22 graph (2), amounts for reimbursements under sub23 section (a) shall be derived from any amounts author24 ized to be appropriated by this Act.
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1 (2) EXCEPTION.—Amounts authorized to be ap2 propriated by this Act and available for the procure3 ment of equipment for members of the Armed Forces

4 deployed, or to be deployed, to Iraq or Afghanistan

5 may not be utilized for reimbursements under sub6 section (a).

7 (h) REPEAL OF SUPERSEDED AUTHORITY.—Section

8 351 of the Ronald W. Reagan National Defense Authoriza9 tion Act for Fiscal Year 2005 (Public Law 108–375; 118.

10 Stat. 1857) is repealed.

11 SEC. 334. WELFARE OF SPECIAL CATEGORY RESIDENTS AT

12 NAVAL STATION GUANTANAMO BAY, CUBA.

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

14 provide for the general welfare, including subsistence, hous15 ing, and health care, of any person at Naval Station Guan16 tanamo Bay, Cuba, who is designated by the Secretary, not

17 later than 90 days after the date of the enactment of this

18 Act, as a so-called ‘‘special category resident’’.

19 (b) PROHIBITION ON CONSTRUCTION OF FACILITIES.—

20 The authorization in subsection (a) shall not be construed

21 as an authorization for the construction of new housing fa22 cilities or medical treatment facilities.

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

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

25 are hereby deemed not to have applied to the obligation or
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1 expenditure of funds before the date of the enactment of this

2 Act for the general welfare of persons described in subsection

3 (a).

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

5 INITIATIVE.

6 (a) ADDITIONAL AMOUNT FOR OPERATION AND MAIN7 TENANCE, ARMY.—The amount authorized to be appro8 priated by section 301(1) for operation and maintenance

9 for the Army is hereby increased by $10,000,000.

10 (b) AVAILABILITY OF AMOUNT.—Of the amount au11 thorized to be appropriated by section 301(1) for operation

12 and maintenance for the Army, as increased by subsection

13 (a), $16,000,000 may be available for the Point of Mainte14 nance/Arsenal/Depot AIT (AD–AIT) Initiative.

15 (c) OFFSET.—The amount authorized to be appro16 priated by section 301(4) is hereby reduced by $10,000,000

17 to be derived from amounts authorized to be appropriated

18 by that section for the Air Force.

19 SEC. 336. LONG ARM HIGH-INTENSITY ARC METAL HALIDE

20 HANDHELD SEARCHLIGHT.

21 (a) ADDITIONAL AMOUNT FOR OPERATION AND MAIN22 TENANCE, ARMY.—The amount authorized to be appro23 priated by section 301(1) for operation and maintenance

24 for the Army is hereby increased by $4,500,000.
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1 (b) AVAILABILITY OF AMOUNT.—Of the amount au2 thorized to be appropriated by section 301(1) for operation

3 and maintenance for the Army, as increased by subsection

4 (a), $4,500,000 may be available for the Long Arm High5 Intensity Arc Metal Halide Handheld Searchlight.

6 (c) OFFSET.—The amount authorized to be appro7 priated by section 301(4) is hereby reduced by $4,500,000,

8 with the amount of the reduction to be derived from

9 amounts authorized to be appropriated by that section for

10 the Air Force.

11 SEC. 337. REPORT ON AIRCRAFT TO PERFORM HIGH-ALTI12 TUDE AVIATION TRAINING SITE.

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

14 Army shall submit to the congressional defense committee

15 a report containing the following:

16 (1) An evaluation of the type of aircraft avail17 able in the inventory of the Army that is most suit18 able to perform the High-Altitude Aviation Training

19 Site (HAATS) mission.

20 (2) A determination of when such aircraft may

21 be available for assignment to the HAATS.
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1 SEC. 338. DEPARTMENT OF DEFENSE SUPPORT FOR CER2 TAIN PARALYMPIC SPORTING EVENTS.

3 (a) PROVISION OF SUPPORT.—Subsection (c) of section

4 2564 of title 10, United States Code, is amended by adding

5 at the end the following new paragraphs:

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

7 States Olympic Committee through the Paralympic

8 Military Program.

9 ‘‘(5) A national or international Paralympic

10 sporting event (other than one covered by paragraph

11 (3) or (4))—

12 ‘‘(A) which is—

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

14 of its territories or commonwealths;

15 ‘‘(ii) governed by the International

16 Paralympic Committee; and

17 ‘‘(iii) sanctioned by the United States

18 Olympic Committee; and

19 ‘‘(B) for which participation exceeds 100

20 amateur athletes.’’.

21 (b) FUNDING AND LIMITATIONS.—Such section is fur22 ther amended—

23 (1) by redesignating subsections (d), (e), and (f)

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

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

26 new subsection:
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1 ‘‘(d) FUNDING FOR SUPPORT OF CERTAIN EVENTS.—

2 (1) Funds to provide support for a sporting event described

3 in paragraph (4) or (5) of subsection (c) shall be derived

4 from the Support for International Sporting Competitions,

5 Defense account established by section 5802 of Public Law

6 104–208 (110 Stat. 3009–522), notwithstanding any limi7 tation in such section relating to the availability of funds

8 in such account for support of international sporting com9 petitions.

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

11 fiscal year to provide support for a sporting event described

12 in paragraph (5) of subsection (c) may not exceed

13 $1,000,000.’’.

14 SEC. 339. SUPERVISION AND MANAGEMENT OF DEFENSE

15 BUSINESS TRANSFORMATION AGENCY.

16 Section 192 of title 10, United States Code, is amended

17 by adding at the end the following new subsection:

18 ‘‘(e) SPECIAL RULE FOR DEFENSE BUSINESS TRANS19 FORMATION AGENCY.—(1) The Defense Business Trans20 formation Agency shall be supervised by the vice chairman

21 of the Defense Business System Management Committee.

22 ‘‘(2) Notwithstanding the results of any periodic re23 view under subsection (c) with regard to the Defense Busi24 ness Transformation Agency, the Secretary of Defense shall

25 designate that the Agency be managed cooperatively by the
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1 Deputy Under Secretary of Defense for Business Trans2 formation and the Deputy Under Secretary of Defense for

3 Financial Management.’’.

4 SEC. 340. ARMAMENT RETOOLING AND MANUFACTURING

5 SUPPORT INITIATIVE MATTERS.

6 (a) INCLUSION OF ADDITIONAL FACILITIES WITHIN

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

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

9 contractor-operated depot for the storage, maintenance, ren10 ovation, or demilitarization of ammunition,’’ after ‘‘manu11 facturing facility’’.

12 (b) ADDITIONAL CONSIDERATION FOR USE OF FACILI13 TIES.—Section 4554(b)(2) of such title is amended by add14 ing at the end the following new subparagraph:

15 ‘‘(D) The demilitarization and storage of conven16 tional ammunition.’’.

17 SEC. 341. GRANTS FOR LOCAL WORKFORCE INVESTMENT

18 BOARDS FOR SERVICES FOR CERTAIN

19 SPOUSES OF MEMBERS OF THE ARMED

20 FORCES.

21 (a) GRANTS AUTHORIZED.—The Secretary of Defense

22 may, from any funds authorized to be appropriated to the

23 Department of Defense, and in consultation with the De24 partment of Labor, make grants to local workforce invest25 ments boards established under section 117 of the Workforce
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1 Investment Act of 1998 (29 U.S.C. 2832), or consortia of

2 such boards, in order to permit such boards or consortia

3 of boards to provide services to spouses of members of the

4 Armed Forces described in subsection (b).

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

6 Armed Forces described in this subsection are spouses of

7 members of the Armed Forces on active duty, which

8 spouses—

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

10 direct result of relocation of such members to accom11 modate a permanent change in duty station; or

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

13 reduced due to—

14 (A) the deployment of such members;

15 (B) the call or order of such members to ac16 tive duty in support of a contingency operation

17 pursuant to a provision of law referred to in sec18 tion 101(a)(13)(B) of title 10, United States

19 Code;

20 (C) a permanent change in duty station of

21 such members; or

22 (D) the incurral by such members of a serv23 ice-connected disability (as that term is defined

24 in section 101(16) of title 38, United States

25 Code).
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1 (c) REGULATIONS.—Any grants made under this sec2 tion shall be made pursuant to regulations prescribed by

3 the Secretary in consultation with the Department of

4 Labor. Such regulation shall set forth—

5 (1) criteria for eligibility of workforce investment

6 boards for grants under this section;

7 (2) requirements for applications for such

8 grants; and

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

10 such grants.

11 SEC. 342. REST AND RECUPERATION LEAVE PROGRAMS.

12 (a) AVAILABILITY OF FUNDS FOR REIMBURSEMENT OF

13 EXPENSES.—Of the amount authorized to be appropriated

14 by section 301(5) for operation and maintenance for De15 fense-wide activities, $7,000,000 may be available for the

16 reimbursement of expenses of the Armed Forces Recreation

17 Centers related to the utilization of the facilities of the

18 Armed Forces Recreation Centers under official Rest and

19 Recuperation Leave Programs authorized by the military

20 departments or combatant commanders.

21 (b) UTILIZATION OF REIMBURSEMENTS.—Amounts re22 ceived by the Armed Forces Recreation Centers under sub23 section (a) as reimbursement for expenses may be utilized

24 by such Centers for facility maintenance and repair, utility
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1 expenses, correction of health and safety deficiencies, and

2 routine ground maintenance.

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

4 Armed Forces Recreation Centers under Rest and Recuper5 ation Leave Programs, and reimbursement for expenses re6 lated to such utilization of such facilities, shall be subject

7 to regulations prescribed by the Secretary of Defense.

8 SEC. 343. IMPROVEMENT OF AUTHORITIES ON GENERAL

9 GIFT FUNDS OF THE DEPARTMENT OF DE10 FENSE.

11 (a) RESTATEMENT AND EXPANSION OF CURRENT AU12 THORITY.—Subsection (a) of section 2601 of title 10, United

13 States Code, is amended to read as follows:

14 ‘‘(a)(1) Subject to subsection (b), the Secretary con15 cerned may accept, hold, administer, and spend any gift,

16 devise, or bequest of real or personal property made on the

17 condition that it be used for the benefit, or in connection

18 with, the establishment, operation, or maintenance of a

19 school, hospital, library, museum, cemetery, or other insti20 tution or organization under the jurisdiction of such Sec21 retary.

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

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

25 condition that it be used for the benefit of members of the
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1 armed forces or civilian employees of United States Govern2 ment, or the dependents or survivors of such members or

3 employees, who are wounded or killed while serving in Op4 eration Iraqi Freedom, Operation Enduring Freedom, or

5 any other military operation or activity, or geographic

6 area, designated by the Secretary of Defense for purposes

7 of this section.

8 ‘‘(B) The Secretary of Defense shall prescribe regula9 tions specifying the conditions that may be attached to a

10 gift, devise, or bequest accepted under this paragraph.

11 ‘‘(C) The authority to accept gifts, devises, or bequests

12 under this paragraph shall expire on December 31, 2007.

13 ‘‘(3) The Secretary concerned may pay all necessary

14 expenses in connection with the conveyance or transfer of

15 a gift, devise, or bequest made under this subsection.’’.

16 (b) SCOPE OF AUTHORITY TO USE ACCEPTED PROP17 ERTY.—Such section is further amended—

18 (1) by redesignating subsections (b), (c) and (d)

19 as subsections (c), (d), and (e), respectively; and

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

21 new subsection (b):

22 ‘‘(b)(1) Except as provided in paragraph (2), property

23 accepted under subsection (a) may be used by the Secretary

24 concerned without further specific authorization in law.
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1 ‘‘(2) Property accepted under subsection (a) may not

2 be used—

3 ‘‘(A) if the use of such property in connection

4 with any program, project, or activity would result in

5 the violation of any prohibition or limitation other6 wise applicable to such program, project, or activity;

7 ‘‘(B) if the conditions attached to such property

8 are inconsistent with applicable law or regulations;

9 ‘‘(C) if the use of such property would reflect un10 favorably on ability of the Department of Defense,

11 any employee of the Department, or any member of

12 the armed forces to carry out any responsibility or

13 duty of the Department in a fair and objective man14 ner; or

15 ‘‘(D) if the use of such property would com16 promise the integrity or appearance of integrity of

17 any program of the Department of Defense, or any

18 individual involved in such a program.’’.

19 (c) CONFORMING AMENDMENT.—Subsection (c) of such

20 section, as redesignated by subsection (b)(1) of this section,

21 is further amended in the flush matter following paragraph

22 (4) by striking ‘‘benefit or use of the designated institution

23 or organization’’ and inserting ‘‘purposes specified in sub24 section (a)’’.
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1 (d) GAO AUDITS.—Such section is further amended

2 by adding at the end the following new subsection:

3 ‘‘(f) The Comptroller General of the United States shall

4 make periodic audits of real or personal property accepted

5 under subsection (a) at such intervals as the Comptroller

6 General determines to be warranted. The Comptroller Gen7 eral shall submit to Congress a report on the results of each

8 such audit.’’.

9 SEC. 344. COMMEMORATION OF SUCCESS OF THE ARMED

10 FORCES IN OPERATION ENDURING FREEDOM

11 AND OPERATION IRAQI FREEDOM.

12 (a) FINDING.—Congress finds that it is both right and

13 appropriate that, upon their return from Operation Endur14 ing Freedom in Afghanistan and Operation Iraqi Freedom

15 in Iraq, all soldiers, sailors, marines, and airmen in the

16 Armed Forces who served in those operations be honored

17 and recognized for their achievements, with appropriate

18 ceremonies, activities, and awards commemorating their

19 sacrifice and service to the United States and the cause of

20 freedom in the Global War on Terrorism.

21 (b) CELEBRATION HONORING MILITARY EFFORTS IN

22 OPERATION ENDURING FREEDOM AND OPERATION IRAQI

23 FREEDOM.—The President may, at the sole discretion of the

24 President—
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1 (1) designate a day of celebration to honor the

2 soldiers, sailors, marines, and airmen of the Armed

3 Forces who have served in Operation Enduring Free4 dom or Operation Iraqi Freedom and have returned

5 to the United States; and

6 (2) issue a proclamation calling on the people of

7 the United States to observe that day with appro8 priate ceremonies and activities.

9 (c) PARTICIPATION OF ARMED FORCES IN CELEBRA10 TION.—

11 (1) PARTICIPATION AUTHORIZED.—Members and

12 units of the Armed Forces may participate in activi13 ties associated with the day of celebration designated

14 under subsection (b) that are held in Washington,

15 District of Columbia.

16 (2) AVAILABILITY OF FUNDS.—Subject to para17 graph (4), amounts authorized to be appropriated for

18 the Department of Defense may be used to cover costs

19 associated with the participation of members and

20 units of the Armed Forces in the activities described

21 in paragraph (1).

22 (3) ACCEPTANCE OF PRIVATE CONTRIBUTIONS.—

23 (A) Notwithstanding any other provision of law, the

24 Secretary of Defense may accept cash contributions

25 from private individuals and entities for the purposes
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1 of covering the costs of the participation of members

2 and units of the Armed Forces in the activities de3 scribed in paragraph (1). Amounts so accepted shall

4 be deposited in an account established for purposes of

5 this paragraph.

6 (B) Amounts accepted under subparagraph (A)

7 may be used for the purposes described in that sub8 paragraph until expended.

9 (4) LIMITATION.—The total amount of funds de10 scribed in paragraph (2) that are available for the

11 purpose set forth in that paragraph may not exceed

12 the amount equal to—

13 (A) $20,000,000, minus

14 (B) the amount of any cash contributions

15 accepted by the Secretary under paragraph (3).

16 (d) AWARD OF RECOGNITION ITEMS.—

17 (1) AUTHORITY TO AWARD.—Under regulations

18 prescribed by the Secretary of Defense, appropriate

19 recognition items may be awarded to any individual

20 who served honorably as a member of the Armed

21 Forces in Operation Enduring Freedom or Operation

22 Iraqi Freedom during the Global War on Terrorism.

23 The purpose of the award of such items is to recognize

24 the contribution of such individuals to the success of

25 the United States in those operations.
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1 (2) RECOGNITION ITEMS DEFINED.—In this sub2 section, the term ‘‘recognition items’’ means recogni3 tion items authorized for presentation under section

4 2261 of title 10, United States Code (as amended by

5 section 593(a) of this Act).

6 SEC. 345. INCLUSION OF PACKET BASED TELEPHONY IN DE7 PARTMENT OF DEFENSE TELECOMMUNI8 CATIONS BENEFIT.

9 (a) INCLUSION IN BENEFIT.—Subsection (a) of section

10 344 of the National Defense Authorization Act for Fiscal

11 Year 2004 (Public Law 108–136; 117 Stat. 1448) is amend12 ed by inserting ‘‘packet based telephony service,’’ after ‘‘pre13 paid phone cards,’’.

14 (b) INCLUSION OF INTERNET TELEPHONY IN DEPLOY15 MENT OF ADDITIONAL TELEPHONE EQUIPMENT.—Sub16 section (e) of such section is amended—

17 (1) by inserting ‘‘or Internet service’’ after ‘‘ad18 ditional telephones’’;

19 (2) by inserting ‘‘or packet based telephony’’

20 after ‘‘to facilitate telephone’’; and

21 (3) by inserting ‘‘or Internet access’’ after ‘‘in22 stallation of telephones’’.

23 (c) CONFORMING AMENDMENTS.—Such section is fur24 ther amended—
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1 (1) in the subsection caption of subsection (a), by

2 striking ‘‘PREPAID PHONE CARDS’’ and inserting

3 ‘‘BENEFIT’’; and

4 (2) in the subsection caption of subsection (e), by

5 inserting ‘‘OR INTERNET ACCESS’’ after ‘‘TELEPHONE

6 EQUIPMENT’’.

7 SEC. 346. REPORT ON EFFECTS OF WINDMILL FARMS ON

8 MILITARY READINESS.

9 (a) FINDING.—Congress finds that the Ministry of

10 Defence of the United Kingdom has determined, as a result

11 of a recently conducted study of the effect of windmill farms

12 on military readiness, not to permit construction of wind13 mill farms within 30 kilometers of military radar installa14 tions.

15 (b) REPORT REQUIRED.—Not later than 180 days

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

17 of Defense shall submit to the Committees on Armed Serv18 ices of the Senate and the House of Representatives a report

19 on the effects of windmill farms on military readiness, in20 cluding an assessment of the effects on the operations of

21 military radar installations of the proximity of windmill

22 farms to such installations and of technologies that could

23 mitigate any adverse effects on military operations identi24 fied.
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1 TITLE IV—MILITARY PERSONNEL

2 AUTHORIZATIONS

3 Subtitle A—Active Forces

4 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

5 The Armed Forces are authorized strengths for active

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

7 (1) The Army, 522,400.

8 (2) The Navy, 352,700.

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

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

11 SEC. 402. REVISION OF PERMANENT ACTIVE DUTY END

12 STRENGTH MINIMUM LEVELS.

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

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

15 (4) and inserting the following:

16 ‘‘(1) For the Army, 522,400.

17 ‘‘(2) For the Navy, 352,700.

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

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

20 (b) EFFECTIVE DATE.—The amendment made by sub21 section (a) shall take effect on October 1, 2005, and shall

22 apply with respect to fiscal years beginning on or after that

23 date.
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1 Subtitle B—Reserve Forces

2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

4 strengths for Selected Reserve personnel of the reserve com5 ponents as of September 30, 2006, as follows:

6 (1) The Army National Guard of the United

7 States, 350,000.

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

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

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

11 (5) The Air National Guard of the United

12 States, 106,800.

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

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

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

16 subsection (a) for the Selected Reserve of any reserve compo17 nent shall be proportionately reduced by—

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

20 component which are on active duty (other than for

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

22 (2) the total number of individual members not

23 in units organized to serve as units of the Selected

24 Reserve of such component who are on active duty

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

2 of the fiscal year.

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

5 strength prescribed for such fiscal year for the Selected Re6 serve of such reserve component shall be proportionately in7 creased by the total authorized strengths of such units and

8 by the total number of such individual members.

9 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

10 DUTY IN SUPPORT OF THE RESERVES.

11 Within the end strengths prescribed in section 411(a),

12 the reserve components of the Armed Forces are authorized,

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

14 to be serving on full-time active duty or full-time duty, in

15 the case of members of the National Guard, for the purpose

16 of organizing, administering, recruiting, instructing, or

17 training the reserve components:

18 (1) The Army National Guard of the United

19 States, 27,396.

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

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

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

23 (5) The Air National Guard of the United

24 States, 13,123.

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

2 (DUAL STATUS).

3 The minimum number of military technicians (dual

4 status) as of the last day of fiscal year 2006 for the reserve

5 components of the Army and the Air Force (notwith6 standing section 129 of title 10, United States Code) shall

7 be the following:

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

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

10 States, 25,563.

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

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

13 States, 22,971.

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

15 STATUS TECHNICIANS.

16 (a) LIMITATIONS.—(1) Within the limitation provided

17 in section 10217(c)(2) of title 10, United States Code, the

18 number of non-dual status technicians employed by the Na19 tional Guard as of September 30, 2006, may not exceed the

20 following:

21 (A) For the Army National Guard of the United

22 States, 1,600.

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

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

3 not exceed 695.

4 (3) The number of non-dual status technicians em5 ployed by the Air Force Reserve as of September 30, 2006,

6 may not exceed 90.

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

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

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

10 United States Code.

11 Subtitle C—Authorizations of

12 Appropriations

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

15 There is hereby authorized to be appropriated to the

16 Department of Defense for military personnel for fiscal year

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

18 preceding sentence supersedes any other authorization of

19 appropriations (definite or indefinite) for such purpose for

20 fiscal year 2006.

21 SEC. 422. ARMED FORCES RETIREMENT HOME.

22 There is hereby authorized to be appropriated for fiscal

23 year 2006 from the Armed Forces Retirement Home Trust

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

25 Forces Retirement Home.
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1 TITLE V—MILITARY PERSONNEL

2 POLICY

3 Subtitle A—Officer Personnel Policy

4 SEC. 501. EXCLUSION OF GENERAL AND FLAG OFFICERS ON

5 LEAVE PENDING SEPARATION OR RETIRE6 MENT FROM COMPUTATION OF ACTIVE DUTY

7 OFFICERS FOR GENERAL AND FLAG OFFICER

8 DISTRIBUTION AND STRENGTH LIMITATIONS.

9 (a) DISTRIBUTION LIMITATIONS.—Section 525 of title

10 10, United States Code, is amended by adding at the end

11 the following new subsection:

12 ‘‘(e) In determining the total number of general officers

13 or flag officers of an armed force on active duty for purposes

14 of this section, an officer of that armed force in the grade

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

16 rear admiral (lower half) or above in the Navy, who is on

17 leave pending the separation, retirement, or release of such

18 officer from active duty shall not be counted, but only dur19 ing the 60-day period beginning on the date of the com20 mencement of leave of such officer.’’.

21 (b) ACTIVE DUTY STRENGTH LIMITATIONS.—

22 (1) IN GENERAL.—Section 526 of such title is

23 amended by adding at the end the following new sub24 section:
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1 ‘‘(e) EXCLUSION OF CERTAIN OFFICERS ON LEAVE

2 PENDING SEPARATION OR RETIREMENT.—The limitations

3 of this section do not apply to general or flag officers on

4 leave pending separation, retirement, or release from active

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

6 (2) CONFORMING AMENDMENT.—The heading of

7 subsection (d) of such section is amended by striking

8 ‘‘CERTAIN OFFICERS’’ and inserting ‘‘CERTAIN RE9 SERVE OFFICERS ON ACTIVE DUTY’’.

10 SEC. 502. EXPANSION OF JOINT DUTY ASSIGNMENTS FOR

11 RESERVE COMPONENT GENERAL AND FLAG

12 OFFICERS.

13 (a) INCREASE IN AUTHORIZED NUMBER.—Section

14 526(b)(2)(A) of title 10, United States Code, is amended

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

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

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

18 after ‘‘commands’’.

19 SEC. 503. DEADLINE FOR RECEIPT BY PROMOTION SELEC20 TION BOARDS OF CORRESPONDENCE FROM

21 ELIGIBLE OFFICERS.

22 (a) OFFICERS ON ACTIVE DUTY LIST.—Section 614(b)

23 of title 10, United States Code, is amended by inserting

24 ‘‘the date before’’ after ‘‘not later than’’.
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1 (b) OFFICERS ON RESERVE ACTIVE-STATUS LIST.—

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

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

4 (c) EFFECTIVE DATE.—The amendments made by this

5 section shall take effect on March 1, 2006, and shall apply

6 with respect to selection boards convened on or after that

7 date.

8 SEC. 504. FURNISHING TO PROMOTION SELECTION BOARDS

9 OF ADVERSE INFORMATION ON OFFICERS EL10 IGIBLE FOR PROMOTION TO CERTAIN SENIOR

11 GRADES.

12 (a) OFFICERS ON ACTIVE-DUTY LIST.—

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

14 United States Code, is amended—

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

16 (5), and (6) as paragraphs (4), (5), (6), and (7),

17 respectively; and

18 (B) by inserting after paragraph (2) the fol19 lowing new paragraph (3):

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

21 promotion to the grade of lieutenant colonel, or commander

22 in the case of the Navy, or above, any information of an

23 adverse nature, including any substantiated adverse finding

24 or conclusion from an officially documented investigation

25 or inquiry, shall be furnished to the selection board in ac-
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1 cordance with standards and procedures set out in the regu2 lations prescribed by the Secretary of Defense pursuant to

3 paragraph (1).’’.

4 (2) CONFORMING AMENDMENTS.—Such section is

5 further amended—

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

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

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

9 and (3)’’;

10 (B) in paragraph (5), as so redesignated, by

11 striking ‘‘and (3)’’ and inserting ‘‘, (3), and

12 (4)’’;

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

14 (i) in the matter preceding subpara15 graph (A), by inserting ‘‘, or in paragraph

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

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

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

19 (2)’’; and

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

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

22 ‘‘paragraph (2)(B)’’.

23 (b) RESERVE OFFICERS.—

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

25 United States Code, is amended—
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1 (A) by redesignating paragraphs (3), (4),

2 (5), and (6) as paragraphs (4), (5), (6), and (7),

3 respectively; and

4 (B) by inserting after paragraph (2) the fol5 lowing new paragraph (3):

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

7 promotion to the grade of lieutenant colonel, or commander

8 in the case of the Navy, or above, any information of an

9 adverse nature, including any substantiated adverse finding

10 or conclusion from an officially documented investigation

11 or inquiry, shall be furnished to the selection board in ac12 cordance with standards and procedures set out in the regu13 lations prescribed by the Secretary of Defense pursuant to

14 paragraph (1).’’.

15 (2) CONFORMING AMENDMENTS.—Such section is

16 further amended—

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

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

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

20 and (3)’’;

21 (B) in paragraph (5), as so redesignated, by

22 striking ‘‘and (3)’’ and inserting ‘‘, (3), and

23 (4)’’;

24 (C) in paragraph (6), as so redesignated—
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1 (i) in the matter preceding subpara2 graph (A), by inserting ‘‘, or in paragraph

3 (3),’’ after ‘‘paragraph (2)’’; and

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

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

6 (2)’’; and

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

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

9 ‘‘paragraph (2)(B)’’.

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

11 section shall take effect on October 1, 2006, and shall apply

12 with respect to promotion selection boards convened on or

13 after that date.

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

15 (a) JUDGE ADVOCATE GENERAL OF THE ARMY.—Sec16 tion 3037(a) of title 10, United States Code, is amended

17 by striking the last sentence and inserting the following new

18 sentences: ‘‘The Judge Advocate General, while so serving,

19 has the grade of lieutenant general. An officer appointed

20 as Assistant Judge Advocate General who holds a lower reg21 ular grade shall be appointed in the regular grade of major

22 general.’’.

23 (b) JUDGE ADVOCATE GENERAL OF THE NAVY.—Sec24 tion 5148(b) of such title is amended by striking the last

25 sentence and inserting the following new sentence: ‘‘The
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1 Judge Advocate General, while so serving, has the grade of

2 vice admiral or lieutenant general, as appropriate.’’.

3 (c) JUDGE ADVOCATE GENERAL OF THE AIR

4 FORCE.—Section 8037(a) of such title is amended by strik5 ing the last sentence and inserting the following new sen6 tence: ‘‘The Judge Advocate General, while so serving, has

7 the grade of lieutenant general.’’.

8 (d) EXCLUSION FROM LIMITATION ON GENERAL AND

9 FLAG OFFICER DISTRIBUTION.—Section 525(b) of such title

10 is amended by adding at the end the following new para11 graph:

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

13 General of the Army, the Judge Advocate General of the

14 Navy, or the Judge Advocate General of the Air Force is

15 in addition to the number that would otherwise be per16 mitted for that officer’s armed force for officers serving on

17 active duty in grades above major general or rear admiral

18 under paragraph (1) or (2), as the case may be.’’.

19 SEC. 506. TEMPORARY EXTENSION OF AUTHORITY TO RE20 DUCE MINIMUM LENGTH OF COMMISSIONED

21 SERVICE FOR VOLUNTARY RETIREMENT AS

22 AN OFFICER.

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

24 Code, is amended—

25 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
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1 (2) in paragraph (1), as so designated, by strik2 ing ‘‘, during the period beginning on October 1,

3 1990, and ending on December 31, 2001,’’; and

4 (3) by adding at the end the following new para5 graph:

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

7 during the period beginning on the date of the enactment

8 of the National Defense Authorization Act for Fiscal Year

9 2006 and ending on December 31, 2008.’’.

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

11 such title is amended—

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

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

14 striking ‘‘, during the period beginning on October 1,

15 1990, and ending on December 31, 2001,’’; and

16 (3) by adding at the end the following new sub17 paragraph:

18 ‘‘(B) The authority in subparagraph (A) may be exer19 cised during the period beginning on the date of the enact20 ment of the National Defense Authorization Act for Fiscal

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

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

23 amended—

24 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
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1 (2) in paragraph (1), as so designated, by strik2 ing ‘‘, during the period beginning on October 1,

3 1990, and ending on December 31, 2001,’’; and

4 (3) by adding at the end the following new para5 graph:

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

7 during the period beginning on the date of the enactment

8 of the National Defense Authorization Act for Fiscal Year

9 2006 and ending on December 31, 2008.’’.

10 SEC. 507. MODIFICATION OF STRENGTH IN GRADE LIMITA11 TIONS APPLICABLE TO RESERVE FLAG OFFI12 CERS IN ACTIVE STATUS.

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

14 12004(c) of title 10, United States Code, is amended in the

15 item in the table relating to Line officers by striking ‘‘28’’

16 and inserting ‘‘33’’.

17 (b) MEDICAL DEPARTMENT STAFF CORPS OFFI18 CERS.—Such paragraph is further amended in the item in

19 the table relating to the Medical Department staff corps offi20 cers by striking ‘‘9’’ and inserting ‘‘5’’.

21 (c) SUPPLY CORPS OFFICERS.—Paragraph (2)(A) of

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

23 ‘‘six’’.
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1 (d) CONFORMING AMENDMENT.—Paragraph (1) of

2 such section is further amended in the matter preceding the

3 table by striking ‘‘39’’ and inserting ‘‘40’’.

4 SEC. 508. UNIFORM AUTHORITY FOR DEFERMENT OF SEPA5 RATION OF RESERVE GENERAL AND FLAG OF6 FICERS FOR AGE.

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

8 States Code, is amended to read as follows:

9 ‘‘§ 14512. Separation at age 64

10 ‘‘(a) IN GENERAL.—The Secretary of the military de11 partment concerned may, subject to subsection (b), defer the

12 retirement under section 14510 or 14511 of this title of a

13 reserve officer of the Army, Air Force, or Marine Corps in

14 a grade above colonel, or a reserve officer of the Navy in

15 a grade above captain, and retain such officer in active sta16 tus until such officer becomes 64 years of age.

17 ‘‘(b) LIMITATION ON NUMBER OF DEFERMENTS.—(1)

18 Not more than 10 officers may be deferred by the Secretary

19 of a military department under subsection (a) at any one

20 time.

21 ‘‘(2) Deferments by the Secretary of the Navy may be

22 distributed between the Naval Reserve and the Marine

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

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

25 the beginning of chapter 1407 of such title is amended by
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1 striking the item relating to section 14512 and inserting

2 the following new item:

‘‘14512. Separation at age 64.’’.

3 SEC. 509. APPLICABILITY OF OFFICER DISTRIBUTION AND

4 STRENGTH LIMITATIONS TO OFFICERS SERV5 ING IN INTELLIGENCE COMMUNITY POSI6 TIONS.

7 (a) IN GENERAL.—Section 528 of title 10, United

8 States Code, is amended to read as follows:

9 ‘‘§ 528. Exclusion: officers serving in certain intel10 ligence positions

11 ‘‘(a) EXCLUSION OF OFFICER SERVING IN CERTAIN

12 CIA POSITIONS.—When either of the individuals serving in

13 a position specified in subsection (b) is an officer of the

14 armed forces, one of those officers, while serving in such po15 sition, shall be excluded from the limitations in sections 525

16 and 526 of this title while serving in such position.

17 ‘‘(b) COVERED POSITIONS.—The positions referred to

18 in this subsection are the following:

19 ‘‘(1) Director of the Central Intelligence Agency.

20 ‘‘(2) Deputy Director of the Central Intelligence

21 Agency.

22 ‘‘(c) ASSOCIATE DIRECTOR OF CIA FOR MILITARY

23 SUPPORT.—An officer of the armed forces serving in the

24 position of Associate Director of the Central Intelligence

25 Agency for Military Support, while serving in that posi-
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1 tion, shall be excluded from the limitations in sections 525

2 and 526 of this title while serving in such position.

3 ‘‘(d) OFFICERS SERVING IN OFFICE OF DNI.—Up to

4 5 general and flag officers of the armed forces assigned to

5 positions in the Office of the Director of National Intel6 ligence designated by agreement between the Secretary of

7 Defense and the Director of National Intelligence shall be

8 excluded from the limitations in sections 525 and 526 of

9 this title while serving in such positions.’’.

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

11 the beginning of chapter 32 of such title is amended by

12 striking the item relating to section 528 and inserting the

13 following new item:

‘‘528. Exclusion: officers serving in certain intelligence positions.’’.

14 Subtitle B—Enlisted Personnel

15 Policy

16 SEC. 521. UNIFORM CITIZENSHIP OR RESIDENCY REQUIRE17 MENTS FOR ENLISTMENT IN THE ARMED

18 FORCES.

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

20 10, United States Code, is amended—

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

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

23 (2) by adding at the end the following new sub24 section:
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1 ‘‘(b) CITIZENSHIP OR RESIDENCY.—(1) No person

2 may be enlisted in any armed force unless such person is

3 a citizen or national of the United States, a habitual resi4 dent of the Federal States of Micronesia, the Republic of

5 Palau, or the Republic of the Marshall Islands, or has been

6 lawfully admitted to the United States for permanent resi7 dence under the applicable provisions of the Immigration

8 and Nationality Act (8 U.S.C. 1101 et seq.).

9 ‘‘(2) The Secretary concerned may waive the applica10 bility of paragraph (1) to a person if such Secretary deter11 mines that the enlistment of such person is vital to the na12 tional interest.’’.

13 (b) REPEAL OF SUPERSEDED LIMITATIONS FOR THE

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

15 title are repealed.

16 (c) CLERICAL AMENDMENTS.—

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

18 chapter 333 of such title is amended by striking the

19 item relating to section 3253.

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

21 chapter 833 of such title is amended by striking the

22 item relating to section 8253.
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1 SEC. 522. RECRUITMENT AND ENLISTMENT OF HOME

2 SCHOOLED STUDENTS IN THE ARMED

3 FORCES.

4 (a) POLICY ON RECRUITMENT AND ENLISTMENT.—

5 (1) POLICY REQUIRED.—The Secretary of De6 fense shall prescribe a policy on the recruitment and

7 enlistment of home schooled students in the Armed

8 Forces.

9 (2) UNIFORMITY ACROSS THE ARMED FORCES.—

10 The Secretary shall ensure that the policy prescribed

11 under paragraph (1) applies, to the extent prac12 ticable, uniformly across the Armed Forces.

13 (b) ELEMENTS.—The policy under subsection (a) shall

14 include the following:

15 (1) An identification of a graduate of home

16 schooling for purposes of recruitment and enlistment

17 in the Armed Forces that is in accordance with the

18 requirements described in subsection (c).

19 (2) Provision for the treatment of graduates of

20 home schooling with no practical limit with regard to

21 enlistment eligibility.

22 (3) An exemption of graduates of home schooling

23 from the requirement for a secondary school diploma

24 or an equivalent (GED) as a precondition for enlist25 ment in the Armed Forces.
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1 (c) HOME SCHOOL GRADUATES.—In prescribing the

2 policy, the Secretary of Defense shall prescribe a single set

3 of criteria to be utilized by the Armed Forces in deter4 mining whether an individual is a graduate of home school5 ing. The Secretary concerned shall ensure compliance with

6 education credential coding requirements.

7 (d) SECRETARY CONCERNED DEFINED.—In this sec8 tion, the term ‘‘Secretary concerned’’ has the meaning given

9 such term in section 101(a)(9) of title 10, United States

10 Code.

11 SEC. 523. REPORT ON INFORMATION ON STOP LOSS AU12 THORITIES GIVEN TO ENLISTEES IN THE

13 ARMED FORCES.

14 (a) FINDINGS.—Congress makes the following findings:

15 (1) The Department of Defense began retaining

16 selected members of the Armed Forces beyond their

17 contractual date of separation from the Armed Forces,

18 a policy commonly known as ‘‘stop loss’’, shortly after

19 the events of September 11, 2001, and for the first

20 time since Operation Desert Shield/Desert Storm.

21 (2) The Marine Corps, Navy, and Air Force dis22 continued their use of stop loss authority in 2003. Ac23 cording to the Department of Defense, a total of 8,992

24 marines, 2,600 sailors, and 8,500 airmen were kept

25 beyond their separation dates under that authority.
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1 (3) The Army is the only Armed Force currently

2 using stop loss authority. The Army reports that, dur3 ing September 2005, it was retaining 6,929 regular

4 component soldiers, 3,002 soldiers in the National

5 Guard, and 2,847 soldiers in the Army Reserve be6 yond their separation date. The Army reports that it

7 has not kept an account of the cumulative number of

8 soldiers who have been kept beyond their separation

9 date.

10 (4) The Department of Defense Form 4/1, Enlist11 ment/Reenlistment Document does not give notice to

12 enlistees and reenlistees in the regular components of

13 the Armed Forces that they may be kept beyond their

14 contractual separation date during times of partial

15 mobilization.

16 (5) The Department of Defense has an obligation

17 to clearly communicate to all potential enlistees and

18 reenlistees in the Armed Forces their terms of service

19 in the Armed Forces.

20 (b) REPORT.—

21 (1) IN GENERAL.—Not later than 90 days after

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

23 Defense shall submit to the congressional defense com24 mittees a report on the actions being taken to ensure

25 that each individual being recruited for service in the
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1 Armed Forces is provided, before making a formal en2 listment in the Armed Forces, precise and detailed in3 formation on the period or periods of service to which

4 such individual may be obligated by reason of enlist5 ment in the Armed Forces, including any revisions to

6 Department of Defense Form 4/1.

7 (2) ELEMENTS.—The report under paragraph

8 (1) shall include—

9 (A) a description of how the Department in10 forms enlistees in the Armed Forces on—

11 (i) the so-called ‘‘stop loss’’ authority

12 and the manner in which exercise of such

13 authority could affect the duration of an in14 dividual’s service on active duty in the

15 Armed Forces;

16 (ii) the authority for the call or order

17 to active duty of members of the Individual

18 Ready Reserve and the manner in which

19 such a call or order to active duty could af20 fect an individual following the completion

21 of the individual’s expected period of service

22 on active duty or in the Individual Ready

23 Reserve; and

24 (iii) any other authorities applicable to

25 the call or order to active duty of the Re-
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1 serves, or of the retention of members of the

2 Armed Forces on active duty, that could af3 fect the period of service of an individual on

4 active duty or in the Armed Forces; and

5 (B) such other information as the Secretary

6 considers appropriate.

7 Subtitle C—Reserve Component

8 Personnel Matters

9 SEC. 531. REQUIREMENTS FOR PHYSICAL EXAMINATIONS

10 AND MEDICAL AND DENTAL READINESS FOR

11 MEMBERS OF THE SELECTED RESERVE NOT

12 ON ACTIVE DUTY.

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

14 title 10, United States Code, is amended—

15 (1) in paragraph (1), by striking ‘‘examined’’

16 and all that follows through the semicolon and insert17 ing ‘‘provided a comprehensive physical examination

18 on an annual basis;’’; and

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

20 the Secretary concerned’’ and all that follows and in21 serting ‘‘to the Secretary concerned on an annual

22 basis documentation of the medical and dental readi23 ness of the member to perform military duties.’’.

24 (b) CONFORMING AMENDMENT.—The heading of such

25 section is amended by striking ‘‘periodic’’.
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1 (c) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of chapter 1007 of such title is amended by

3 striking ‘‘periodic’’.

4 SEC. 532. REPEAL OF LIMITATION ON AMOUNT OF FINAN5 CIAL ASSISTANCE UNDER RESERVE OFFI6 CERS’ TRAINING CORPS SCHOLARSHIP PRO7 GRAM.

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

9 States Code, is amended—

10 (1) by striking paragraph (4);

11 (2) by redesignating paragraph (5) as para12 graph (4); and

13 (3) in subparagraph (B) of paragraph (4), as so

14 redesignated, by striking ‘‘, (3), or (4)’’ and inserting

15 ‘‘or (3)’’.

16 (b) ARMY RESERVE AND ARMY NATIONAL GUARD

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

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

19 (2) by redesignating paragraph (4) as para20 graph (3).

21 (c) CONFORMING AMENDMENT.—Section 524(c) of the

22 Ronald W. Reagan National Defense Authorization Act for

23 Fiscal Year 2005 (Public Law 108–375; 118 Stat. 1889)

24 is amended by striking ‘‘paragraph (5)’’ and all that follows

25 through ‘‘subsection (b)’’ and inserting ‘‘paragraph (4) of
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1 section 2107(c) of title 10, United States Code (as added

2 by subsection (a) of this section and redesignated by section

3 532(a)(2) of the National Defense Authorization Act for Fis4 cal Year 2006), and under paragraph (3) of section

5 2107a(c) of title 10, United States Code (as added by sub6 section (b) of this section and redesignated by section

7 532(b)(2) of such Act)’’.

8 SEC. 533. PROCEDURES FOR SUSPENDING FINANCIAL AS9 SISTANCE AND SUBSISTENCE ALLOWANCE

10 FOR SENIOR ROTC CADETS AND MIDSHIPMEN

11 ON THE BASIS OF HEALTH-RELATED CONDI12 TIONS.

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

14 States Code, is amended by adding at the end the following

15 new subsection:

16 ‘‘(j)(1) Payment of financial assistance under this sec17 tion for, and payment of a monthly subsistence allowance

18 under section 209 of title 37 to, a cadet or midshipman

19 appointed under this section may be suspended on the basis

20 of health-related incapacity of the cadet or midshipman

21 only in accordance with regulations prescribed under para22 graph (2).

23 ‘‘(2) The Secretary of Defense shall prescribe in regula24 tions the policies and procedures for suspending payments

25 under paragraph (1). The regulations shall apply uni-
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1 formly to all of the military departments. The regulations

2 shall include the following matters:

3 ‘‘(A) The standards of health-related fitness that

4 are to be applied.

5 ‘‘(B) Requirements for—

6 ‘‘(i) the health-related condition and prog7 nosis of a cadet or midshipman to be determined,

8 in relation to the applicable standards prescribed

9 under subparagraph (A), by a health care profes10 sional on the basis of a medical examination of

11 the cadet or midshipman; and

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

13 consideration the determinations made under

14 clause (i) with respect to such condition in de15 ciding whether to suspend payment in the case

16 of such cadet or midshipman on the basis of that

17 condition.

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

19 to transmit to a cadet or midshipman proposed for

20 suspension under this subsection a notification of the

21 proposed suspension together with the determinations

22 made under subparagraph (B)(i) in the case of the

23 proposed suspension.

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

25 proposed for suspension under this subsection to sub-
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1 mit a written response to the proposal for suspension,

2 including any supporting information.

3 ‘‘(E) Requirements for—

4 ‘‘(i) one or more health-care professionals to

5 review, in the case of such a response of a cadet

6 or midshipman, each health-related condition

7 and prognosis addressed in the response, taking

8 into consideration the matters submitted in such

9 response; and

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

11 consideration the determinations made under

12 clause (i) with respect to such condition in mak13 ing a final decision regarding whether to sus14 pend payment in the case of such cadet or mid15 shipman on the basis of that condition, and the

16 conditions under which such suspension may be

17 lifted.’’.

18 (b) TIME FOR PROMULGATION OF REGULATIONS.—The

19 Secretary of Defense shall prescribe the regulations required

20 under subsection (j) of section 2107 of title 10, United

21 States Code (as added by subsection (a)), not later than

22 May 1, 2006.
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1 SEC. 534. INCREASE IN MAXIMUM NUMBER OF ARMY RE2 SERVE AND ARMY NATIONAL GUARD CADETS

3 UNDER RESERVE OFFICERS’ TRAINING

4 CORPS.

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

6 amended by striking ‘‘208 cadets’’ and inserting ‘‘416 ca7 dets’’.

8 SEC. 535. MODIFICATION OF EDUCATIONAL ASSISTANCE

9 FOR RESERVES SUPPORTING CONTINGENCY

10 AND OTHER OPERATIONS.

11 (a) OFFICIAL RECEIVING ELECTIONS OF BENEFITS.—

12 Section 16163(e) of title 10, United States Code, is amended

13 by striking ‘‘Secretary concerned’’ and inserting ‘‘Secretary

14 of Veterans Affairs’’.

15 (b) EXCEPTION TO IMMEDIATE TERMINATION OF AS16 SISTANCE.—Section 16165 of such title is amended—

17 (1) by striking ‘‘Educational assistance’’ and in18 serting ‘‘(a) IN GENERAL.—Except as provided in

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

20 (2) by adding at the end the following new sub21 section:

22 ‘‘(b) EXCEPTION.—Under regulations prescribed by the

23 Secretary of Defense, educational assistance may be pro24 vided under this chapter to a member of the Selected Reserve

25 of the Ready Reserve who incurs a break in service in the

26 Selected Reserve of not more than 90 days if the member
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1 continues to serve in the Ready Reserve during and after

2 such break in service.’’.

3 SEC. 536. REPEAL OF LIMITATION ON AUTHORITY TO RE4 DESIGNATE THE NAVAL RESERVE AS THE

5 NAVY RESERVE.

6 Section 517(a) of the Ronald W. Reagan National De7 fense Authorization Act for Fiscal Year 2005 (Public Law

8 108–375; 118 Stat. 1884; 10 U.S.C. 10101 note) is amended

9 by striking ‘‘, which date’’ and all that follows through the

10 end and inserting a period.

11 SEC. 537. PERFORMANCE BY RESERVE COMPONENT PER12 SONNEL OF OPERATIONAL TEST AND EVAL13 UATION AND TRAINING RELATING TO NEW

14 EQUIPMENT.

15 (a) PILOT PROGRAM.—The Secretary of the Army

16 shall carry out a pilot program to evaluate the feasibility

17 and advisability of—

18 (1) utilizing members of the reserve components

19 of the Army, rather than contractor personnel, to per20 form test, evaluation, new equipment training, and

21 related activities for one or more acquisition pro22 grams selected by the Secretary for purposes of the

23 pilot program; and

24 (2) utilizing funds otherwise available for multi25 year purposes for such activities in appropriations
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1 for research, development, test, and evaluation, and

2 for procurement, in order to reimburse appropria3 tions for personnel for the costs of pay, allowances,

4 and expenses of such members in the performance of

5 such activities.

6 (b) NONWAIVER OF PERSONNEL AND TRAINING POLI7 CIES AND PROCEDURES.—Nothing in this section may be

8 construed to authorize any deviation from established per9 sonnel or training policies or procedures that are applicable

10 to the reserve components of the personnel used under the

11 pilot program.

12 (c) REIMBURSEMENT AUTHORITY.—

13 (1) IN GENERAL.—Subject to paragraph (2), the

14 Secretary may transfer from appropriations for re15 search, development, test, and evaluation, or for pro16 curement, for an acquisition program under the pilot

17 program under subsection (a) to appropriations for

18 reserve component personnel of the Army amounts

19 necessary to reimburse appropriations for reserve

20 component personnel of the Army for pay, allowances,

21 and expenses of reserve component personnel of the

22 Army in performing activities under the pilot pro23 gram.
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1 (2) LIMITATION.—The amount that may be

2 transferred under paragraph (1) in any fiscal year

3 may not exceed $10,000,000.

4 (3) MERGER OF FUNDS.—Amounts transferred to

5 an account under paragraph (1) shall be merged with

6 other amounts in such account, and shall be available

7 for the same period, and subject to the same limita8 tions, as the amounts with which merged.

9 (4) RELATIONSHIP TO OTHER TRANSFER AU10 THORITY.—The authority to transfer funds under

11 paragraph (1) is in addition to any other authority

12 to transfer funds under law.

13 (d) TERMINATION.—The authority to carry out the

14 pilot program under subsection (a) shall expire on Sep15 tember 30, 2010.

16 (e) REPORT.—Not later than March 1, 2010, the Sec17 retary of the Army shall, in consultation with the Secretary

18 of Defense, submit to the congressional defense committees

19 a report on the pilot program under subsection (a). The

20 report shall include—

21 (1) a comprehensive description of the pilot pro22 gram, including the acquisition programs covered by

23 the pilot program and the activities performed by

24 members of the reserve components of the Army under

25 the pilot program;
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1 (2) an assessment of the benefits, including cost

2 savings and other benefits, of the performance of ac3 tivities under the pilot program by members of the re4 serve components of the Army rather than by con5 tractor personnel; and

6 (3) any recommendations for legislative or ad7 ministrative action that the Secretary considers ap8 propriate in light of the pilot program.

9 SEC. 538. PILOT PROGRAM ON ENHANCED QUALITY OF LIFE

10 FOR MEMBERS OF THE ARMY RESERVE AND

11 THEIR FAMILIES.

12 (a) PILOT PROGRAM REQUIRED.—

13 (1) IN GENERAL.—The Secretary of the Army

14 shall carry out a pilot program to assess the feasi15 bility and advisability of utilizing a coalition of mili16 tary and civilian community personnel at military

17 installations in order to enhance the quality of life for

18 members of the Army Reserve who serve at such in19 stallations and their families.

20 (2) LOCATIONS.—The Secretary shall carry out

21 the pilot program at a military installation selected

22 by the Secretary for purposes of the pilot program in

23 two States.

24 (b) PARTICIPATING PERSONNEL.—A coalition of per25 sonnel under the pilot program shall consist of—
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1 (1) such command personnel at the installation

2 concerned as the commander of such installation con3 siders appropriate;

4 (2) such other military personnel at such instal5 lation as the commander of such installation con6 siders appropriate; and

7 (3) appropriate members of the civilian commu8 nity of installation, such as clinicians and teachers,

9 who volunteer for participation in the coalition.

10 (c) OBJECTIVES.—

11 (1) PRINCIPLE OBJECTIVE.—The principle objec12 tive of the pilot program shall be to enhance the qual13 ity of life for members of the Army Reserve and their

14 families in order to enhance the mission readiness of

15 such members, to facilitate the transition of such

16 members to and from deployment, and to enhance the

17 retention of such members.

18 (2) OBJECTIVES RELATING TO DEPLOYMENT.—In

19 seeking to achieve the principle objective under para20 graph (1) with respect to the deployment of members

21 of the Army Reserve, each coalition under the pilot

22 program shall seek to assist members of the Army Re23 serve and their families in—
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1 (A) successfully coping with the absence of

2 such members from their families during deploy3 ment; and

4 (B) successfully addressing other difficulties

5 associated with extended deployments, including

6 difficulties of members on deployment and dif7 ficulties of family members at home.

8 (3) METHODS TO ACHIEVE OBJECTIVES.—The

9 methods selected by each coalition under the pilot pro10 gram to achieve the objectives specified in this sub11 section shall include methods as follows:

12 (A) Methods that promote a balance of work

13 and family responsibilities through a principle14 centered approach to such matters.

15 (B) Methods that promote the establishment

16 of appropriate priorities for family matters, such

17 as the allocation of time and attention to fi18 nances, within the context of meeting military

19 responsibilities.

20 (C) Methods that promote the development

21 of meaningful family relationships.

22 (D) Methods that promote the development

23 of parenting skills intended to raise emotionally

24 healthy and empowered children.
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1 (d) REPORT.—Not later than April 1, 2007, the Sec2 retary shall submit to the congressional defense committees

3 a report on the pilot program carried out under this section.

4 The report shall include—

5 (1) a description of the pilot program;

6 (2) an assessment of the benefits of utilizing a

7 coalition of military and civilian community per8 sonnel on military installations in order to enhance

9 the quality of life for members of the Army Reserve

10 and their families; and

11 (3) such recommendations for legislative or ad12 ministrative action as the Secretary considers appro13 priate in light of the pilot program.

14 (e) FUNDING.—

15 (1) IN GENERAL.—The amount authorized to be

16 appropriated by section 301(6) for operation and

17 maintenance for the Army Reserve is hereby increased

18 by $160,000, with the amount of the increase to be

19 available to carry out the pilot program required by

20 this section.

21 (2) OFFSET.—The amount authorized to be ap22 propriated by section 201(2) for research, develop23 ment, test, and evaluation for the Navy and available

24 for Ship Self Defense (Detect and Control) (PE

25 #0604755N) is hereby reduced by $160,000, with the
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1 amount of the reduction to be allocated to amounts for

2 Autonomous Unmanned Surface Vessel.

3 SEC. 539. COMMENCEMENT OF RECEIPT OF NON-REGULAR

4 SERVICE RETIRED PAY BY MEMBERS OF THE

5 READY RESERVE ON ACTIVE FEDERAL STA6 TUS OR ACTIVE DUTY FOR SIGNIFICANT PERI7 ODS.

8 (a) REDUCED ELIGIBILITY AGE.—Section 12731 of

9 title 10, United States Code, is amended—

10 (1) in subsection (a), by striking paragraph (1)

11 and inserting the following:

12 ‘‘(1) has attained the eligibility age applicable

13 under subsection (f) to that person;’’; and

14 (2) by adding at the end the following new sub15 section:

16 ‘‘(f)(1) Subject to paragraph (2), the eligibility age for

17 purposes of subsection (a)(1) is 60 years of age.

18 ‘‘(2)(A) In the case of a person who as a member of

19 the Ready Reserve serves on active duty or performs active

20 service described in subparagraph (B) after September 11,

21 2001, the eligibility age for purposes of subsection (a)(1)

22 shall be reduced below 60 years of age by three months for

23 each aggregate of 90 days on which such person so performs

24 in any fiscal year after such date, subject to subparagraph
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1 (C). A day of duty may be included in only one aggregate

2 of 90 days for purposes of this subparagraph.

3 ‘‘(B)(i) Service on active duty described in this sub4 paragraph is service on active duty pursuant to a call or

5 order to active duty under a provision of law referred to

6 in section 101(a)(13)(B) of this title in support of a contin7 gency operation. Such service does not include service on

8 active duty pursuant to a call or order to active duty under

9 section 12310 of this title.

10 ‘‘(ii) Active service described in this subparagraph is

11 service under a call to active service authorized by the

12 President or the Secretary of Defense under section 502(f)

13 of title 32 for purposes of responding to a national emer14 gency declared by the President or supported by Federal

15 funds.

16 ‘‘(C) The eligibility age for purposes of subsection

17 (a)(1) may not be reduced below 50 years of age for any

18 person under subparagraph (A).’’.

19 (b) CONTINUATION OF AGE 60 AS MINIMUM AGE FOR

20 ELIGIBILITY OF NON-REGULAR SERVICE RETIREES FOR

21 HEALTH CARE.—Section 1074(b) of such title is

22 amended—

23 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

24 (2) by adding at the end the following new para25 graph:
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1 ‘‘(2) Paragraph (1) does not apply to a member or

2 former member entitled to retired pay for non-regular serv3 ice under chapter 1223 of this title who is under 60 years

4 of age.’’.

5 (c) ADMINISTRATION OF RELATED PROVISIONS OF

6 LAW OR POLICY.—With respect to any provision of law,

7 or of any policy, regulation, or directive of the executive

8 branch that refers to a member or former member of the

9 uniformed services as being eligible for, or entitled to, re10 tired pay under chapter 1223 of title 10, United States

11 Code, but for the fact that the member or former member

12 is under 60 years of age, such provision shall be carried

13 out with respect to that member or former member by sub14 stituting for the reference to being 60 years of age a ref15 erence to having attained the eligibility age applicable

16 under subsection (f) of section 12731 of title 10, United

17 States Code (as added by subsection (a)), to such member

18 or former member for qualification for such retired pay

19 under subsection (a) of such section.

20 (d) EFFECTIVE DATE AND APPLICABILITY.—The

21 amendment made by subsection (a) shall take effect as of

22 September 11, 2001, and shall apply with respect to appli23 cations for retired pay that are submitted under section

24 12731(a) of title 10, United States Code, on or after the

25 date of the enactment of this Act.
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1 SEC. 540. DEFENSE SCIENCE BOARD STUDY ON DEPLOY2 MENT OF MEMBERS OF THE NATIONAL

3 GUARD AND RESERVES IN THE GLOBAL WAR

4 ON TERRORISM.

5 (a) STUDY REQUIRED.—The Defense Science Board

6 shall conduct a study on the length and frequency of the

7 deployment of members of the National Guard and the Re8 serves as a result of the global war on terrorism.

9 (b) ELEMENTS.—The study required by subsection (a)

10 shall include the following:

11 (1) An identification of the current range of

12 lengths and frequencies of deployments of members of

13 the National Guard and the Reserves.

14 (2) An assessment of the consequences for force

15 structure, morale, and mission capability of deploy16 ments of members of the National Guard and the Re17 serves in the course of the global war on terrorism

18 that are lengthy, frequent, or both.

19 (3) An identification of the optimal length and

20 frequency of deployments of members of the National

21 Guard and the Reserves during the global war on ter22 rorism.

23 (4) An identification of mechanisms to reduce

24 the length, frequency, or both of deployments of mem25 bers of the National Guard and the Reserves during

26 the global war on terrorism.
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1 (c) REPORT.—Not later than May 1, 2006, the Defense

2 Science Board shall submit to the congressional defense

3 committees a report on the study required by subsection (a).

4 The report shall include the results of the study and such

5 recommendations as the Defense Science Board considers

6 appropriate in light of the study.

7 SEC. 541. ELIGIBILITY OF UNITED STATES NATIONALS FOR

8 APPOINTMENT TO THE SENIOR RESERVE OF9 FICERS’ TRAINING CORPS.

10 (a) IN GENERAL.—Section 2107(b)(1) of title 10,

11 United States Code, is amended by inserting ‘‘or national’’

12 after ‘‘citizen’’.

13 (b) ARMY RESERVE OFFICERS TRAINING PRO14 GRAMS.—Section 2107a(b)(1)(A) of such title is amended

15 by inserting ‘‘or national’’ after ‘‘citizen’’.

16 (c) ELIGIBILITY FOR APPOINTMENT AS COMMISSIONED

17 OFFICERS.—Section 532(f) of such title is amended by in18 serting ‘‘, or for a United States national otherwise eligible

19 for appointment as a cadet or midshipman under section

20 2107(a) of this title or as a cadet under section 2107a of

21 this title,’’ after ‘‘for permanent residence’’.
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1 SEC. 542. PROMOTION OF FOREIGN LANGUAGE SKILLS

2 AMONG MEMBERS OF THE RESERVE OFFI3 CERS’ TRAINING CORPS.

4 (a) IN GENERAL.—The Secretary of Defense shall sup5 port the acquisition of foreign language skills among cadets

6 and midshipmen in the Reserve Officers’ Training Corps,

7 including through the development and implementation

8 of—

9 (1) incentives for cadets and midshipmen to par10 ticipate in study of a foreign language, including spe11 cial emphasis for Arabic, Chinese, and other ‘‘stra12 tegic languages’’, as defined by the Secretary of De13 fense in consultation with other relevant agencies; and

14 (2) a recruiting strategy to target foreign lan15 guage speakers, including members of heritage com16 munities, to participate in the Reserve Officers’

17 Training Corps.

18 (b) REPORT REQUIRED.—Not later than 180 days

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

20 shall submit to the congressional defense committees a re21 port on the actions taken to carry out this section.

22 SEC. 543. SENSE OF SENATE ON CERTAIN MATTERS RELAT23 ING TO THE NATIONAL GUARD AND RE24 SERVES.

25 It is the sense of the Senate—
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1 (1) to recognize the important and integral role

2 played by members of the Active Guard and Reserve

3 and military technicians (dual status) in the efforts

4 of the Armed Forces; and

5 (2) to urge the Secretary of Defense to promptly

6 resolve issues relating to appropriate authority for

7 payment of reenlistment bonuses stemming from reen8 listment contracts entered into between January 14,

9 2005, and April 17, 2005, involving members of the

10 Army National Guard and military technicians (dual

11 status).

12 Subtitle D—Military Justice and

13 Related Matters

14 SEC. 551. MODIFICATION OF PERIODS OF PROSECUTION BY

15 COURTS-MARTIAL FOR MURDER, RAPE, AND

16 CHILD ABUSE.

17 (a) UNLIMITED PERIOD FOR MURDER AND RAPE.—

18 Subsection (a) of section 843 of title 10, United States Code

19 (article 43 of the Uniform Code of Military Justice), is

20 amended by striking ‘‘or with any offense’’ and inserting

21 ‘‘with murder or rape, or with any other offense’’.

22 (b) EXTENDED PERIOD FOR CHILD ABUSE.—Sub23 section (b)(2) of such section (article) is amended—

24 (1) in subparagraph (A), by striking ‘‘before the

25 child attains the age of 25 years’’ and all that follows
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1 through the period and inserting ‘‘by an officer exer2 cising summary court-martial jurisdiction with re3 spect to that person during the life of the victim or

4 the date that is five years after the date of the offense,

5 whichever is the later date.’’;

6 (2) in subparagraph (B)—

7 (A) in the matter preceding clause (i), by

8 striking ‘‘sexual or physical’’; and

9 (B) in clause (v), by striking ‘‘Indecent as10 sault,’’ and inserting ‘‘Kidnapping, indecent as11 sault,’’; and

12 (3) by adding at the end the following new sub13 paragraph:

14 ‘‘(C) In subparagraph (A), the term ‘child abuse of15 fense’ also includes an act that involves abuse of a person

16 who has not attained the age of 18 years and would con17 stitute an offense under chapter 110 or 117 or section 1591

18 of title 18.’’.

19 SEC. 552. ESTABLISHMENT OF OFFENSE OF STALKING.

20 (a) ESTABLISHMENT OF OFFENSE.—Subchapter X of

21 chapter 47 of title 10, United States Code (the Uniform

22 Code of Military Justice), is amended by inserting after sec23 tion 893 (article 93) the following new section (article):

24 ‘‘§ 893a. Art. 93a. Stalking

25 ‘‘(a) Any person subject to this chapter—
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1 ‘‘(1) who wrongfully engages in a course of con2 duct directed at a specific person that would cause a

3 reasonable person to fear death or bodily harm, in4 cluding sexual assault, to himself or herself or a mem5 ber of his or her immediate family;

6 ‘‘(2) who has knowledge, or should have knowl7 edge, that the specific person will be placed in reason8 able fear of death or bodily harm, including sexual

9 assault, to himself or herself or a member of his or her

10 immediate family; and

11 ‘‘(3) whose acts induce reasonable fear in the

12 specific person of death or bodily harm, including sex13 ual assault, to himself or herself or to a member of

14 his or her immediate family,

15 is guilty of stalking and shall be punished as a court-mar16 tial may direct.

17 ‘‘(b) For purposes of this section:

18 ‘‘(1) The term ‘course of conduct’ means—

19 ‘‘(A) a repeated maintenance of visual or

20 physical proximity to a specific person; or

21 ‘‘(B) a repeated conveyance of verbal threat,

22 written threats, or threats implied by conduct, or

23 a combination of such threats, directed at or to24 ward a specific person.
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1 ‘‘(2) The term ‘repeated’, with respect to conduct,

2 means two or more occasions of such conduct.

3 ‘‘(3) The term ‘immediate family’, in the case of

4 a specific person, means a spouse, parent, child, or

5 sibling of the person, or any other family member or

6 relative of the person who regularly resides in the

7 household of the person or who within the six months

8 preceding the commencement of the course of conduct

9 regularly resided in the household of the person.’’.

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

11 the beginning of subchapter X of such chapter is amended

12 by inserting after the item relating to section 893 (article

13 93) the following new item:

‘‘893a. Art. 93a. Stalking.’’.

14 SEC. 553. CLARIFICATION OF AUTHORITY OF MILITARY

15 LEGAL ASSISTANCE COUNSEL.

16 Section 1044 of title 10, United States Code, is

17 amended—

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

19 (e); and

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

21 new subsection (d):

22 ‘‘(d)(1) Notwithstanding any law regarding the licen23 sure of attorneys, a judge advocate or civilian attorney who

24 is authorized to provide military legal assistance is author25 ized to provide that assistance in any jurisdiction, subject
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1 to such regulations as may be prescribed by the Secretary

2 concerned.

3 ‘‘(2) Military legal assistance may be provided only

4 by a judge advocate or a civilian attorney who is a member

5 of the bar of a Federal court or of the highest court of a

6 State.

7 ‘‘(3) In this subsection, the term ‘military legal assist8 ance’ includes—

9 ‘‘(A) legal assistance provided under this section;

10 and

11 ‘‘(B) legal assistance contemplated by sections

12 1044a, 1044b, 1044c, and 1044d of this title.’’.

13 SEC. 554. ADMINISTRATIVE CENSURES OF MEMBERS OF

14 THE ARMED FORCES.

15 (a) AUTHORITY TO ISSUE ADMINISTRATIVE CEN16 SURES.—

17 (1) AUTHORITY OF SECRETARY OF DEFENSE.—

18 The Secretary of Defense may issue, in writing, an

19 administrative censure to any member of the Armed

20 Forces.

21 (2) AUTHORITY OF SECRETARIES OF MILITARY

22 DEPARTMENTS.—The Secretary of a military depart23 ment may issue, in writing, an administrative cen24 sure to any member of the Armed Forces under the

25 jurisdiction of such Secretary.
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1 (3) REGULATIONS.—Administrative censures

2 shall be issued under this section pursuant to regula3 tions prescribed by the Secretary of Defense. The regu4 lations shall apply uniformly throughout the military

5 departments.

6 (b) ADMINISTRATIVE CENSURE.—For purposes of this

7 section, an administrative censure is a statement of adverse

8 opinion or criticism with respect to the conduct or perform9 ance of duty of a member of the Armed Forces.

10 (c) FINALITY.—An administrative censure issued

11 under this section is final and may not be appealed by the

12 member of the Armed Forces concerned.

13 (d) CONSTRUCTION.—The authority under this section

14 to issue administrative censures with respect to the conduct

15 or performance of duty of a member of the Armed Forces

16 is in addition to the authority to impose non-judicial pun17 ishment with respect to such conduct or performance of duty

18 under section 815 of title 10, United States Code (article

19 15 of the Uniform Code of Military Justice).

20 SEC. 555. REPORTS BY OFFICERS AND SENIOR ENLISTED

21 PERSONNEL OF MATTERS RELATING TO VIO22 LATIONS OR ALLEGED VIOLATIONS OF CRIMI23 NAL LAW.

24 (a) REQUIREMENT FOR REPORTS.—
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1 (1) IN GENERAL.—The Secretary of Defense shall

2 prescribe in regulations a requirement that each cov3 ered member of the Armed Forces, whether on the ac4 tive-duty list or on the reserve active-status list, shall

5 submit to an authority in the military department

6 concerned designated pursuant to such regulations a

7 timely report on any investigation, arrest, charge, de8 tention, adjudication, or conviction of such member

9 by any law enforcement authority of the United

10 States for a violation of a criminal law of the United

11 States, whether or not such member is on active duty

12 at the time of the conduct that provides the basis of

13 such investigation, arrest, charge, detention, adjudica14 tion, or conviction. The regulations shall apply uni15 formly throughout the military departments.

16 (2) COVERED MEMBERS.—In this section, the

17 term ‘‘covered member of the Armed Forces’’ means

18 the following:

19 (A) An officer.

20 (B) An enlisted member in the grade of E–

21 7 or above.

22 (b) LAW ENFORCEMENT AUTHORITY OF THE UNITED

23 STATES.—For purposes of this section, a law enforcement

24 authority of the United States includes—
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1 (1) a military or other Federal law enforcement

2 authority;

3 (2) a State or local law enforcement authority;

4 and

5 (3) such other law enforcement authorities with6 in the United States as the Secretary shall specify in

7 the regulations prescribed pursuant to subsection (a).

8 (c) CRIMINAL LAW OF THE UNITED STATES.—

9 (1) IN GENERAL.—Except as provided in para10 graph (2), for purposes of this section, a criminal law

11 of the United States includes—

12 (A) any military or other Federal criminal

13 law;

14 (B) any State, county, municipal, or local

15 criminal law or ordinance; and

16 (C) such other criminal laws and ordi17 nances of jurisdictions within the United States

18 as the Secretary shall specify in the regulations

19 prescribed pursuant to subsection (a).

20 (2) EXCEPTION.—For purposes of this section, a

21 criminal law of the United States shall not include

22 a law or ordinance specifying a minor traffic offense

23 (as determined by the Secretary for purposes of such

24 regulations).

25 (d) ACTIONS SUBJECT TO REPORT.—
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1 (1) IN GENERAL.—The regulations prescribed

2 pursuant to subsection (a) shall specify each action of

3 a law enforcement authority of the United States for

4 which a report under that subsection shall be re5 quired.

6 (2) MULTIPLE REPORTS ON SINGLE CONDUCT.—

7 If the conduct of a covered member of the Armed

8 Forces would provide the basis for actions of a law

9 enforcement authority of the United States war10 ranting more than one report under this section, the

11 regulations shall specify which of such actions such be

12 subject to a report under this section.

13 (e) TIMELINESS OF REPORTS.—The regulations pre14 scribed pursuant to subsection (a) shall establish require15 ments for the timeliness of reports under this section.

16 (f) FORWARDING OF INFORMATION.—The regulations

17 prescribed pursuant to subsection (a) shall provide that, in

18 the event a military department receives information that

19 a covered member of the Armed Forces under the jurisdic20 tion of another military department has become subject to

21 an investigation, arrest, charge, detention, adjudication, or

22 conviction for which a report is required by this section,

23 the Secretary of the military department receiving such in24 formation shall, in accordance with such procedures as the

25 Secretary of Defense shall establish in such regulations, for-
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1 ward such information to the authority in the military de2 partment having jurisdiction over such member designated

3 pursuant to such regulations.

4 (g) DEADLINE FOR REGULATIONS.—The regulations

5 required by subsection (a), including the requirement in

6 subsection (f), shall go into effect not later than January

7 1, 2006.

8 SEC. 556. SENSE OF SENATE ON APPLICABILITY OF UNI9 FORM CODE OF MILITARY JUSTICE TO RE10 SERVES ON INACTIVE-DUTY TRAINING OVER11 SEAS.

12 It is the sense of the Senate that—

13 (1) there should be no ambiguity about the ap14 plicability of the Uniform Code of Military Justice

15 (UCMJ) to members of the reserve components of the

16 Armed Forces while serving overseas under inactive17 duty training (IDT) orders for any period of time

18 under such orders; and

19 (2) the Secretary of Defense should—

20 (A) take action, not later than February 1,

21 2006, to clarify jurisdictional issues relating to

22 such applicability under section 802 of title 10,

23 United States Code (article 2 of the Uniform

24 Code of Military Justice); and
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1 (B) if necessary, submit to Congress a pro2 posal for legislative action to ensure the applica3 bility of the Uniform Code of Military Justice to

4 members of the reserve components of the Armed

5 Forces while serving overseas under inactive6 duty training orders.

7 Subtitle E—Military Service

8 Academies

9 SEC. 561. AUTHORITY TO RETAIN PERMANENT MILITARY

10 PROFESSORS AT THE NAVAL ACADEMY AFTER

11 MORE THAN 30 YEARS OF SERVICE.

12 (a) AUTHORITY TO RETAIN.—

13 (1) IN GENERAL.—Chapter 603 of title 10,

14 United States Code, is amended by inserting after sec15 tion 6952 the following new section:

16 ‘‘§ 6952a. Faculty: retention of permanent military

17 professors

18 ‘‘(a) RETIREMENT FOR YEARS OF SERVICE.—(1) Ex19 cept as provided in subsection (b), an officer serving as a

20 permanent military professor at the Naval Academy in the

21 grade of commander who is not on a list of officers rec22 ommended for promotion to the grade of captain shall, if

23 not earlier retired, be retired on the first day of the month

24 after the month in which the officer completes 28 years of

25 active commissioned service.
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1 ‘‘(2) Except as provided in subsection (b), an officer

2 serving as a permanent military professor at the Naval

3 Academy in the grade of captain who is not on a list of

4 officers recommended for promotion to the grade of rear ad5 miral (lower half) shall, if not earlier retired, be retired

6 on the first day of the month after the month in which the

7 officer completes 30 years of active commissioned service.

8 ‘‘(b) CONTINUATION ON ACTIVE DUTY.—(1) An officer

9 subject to retirement under subsection (a) may be continued

10 on active duty by the Secretary of the Navy after the date

11 otherwise provided for retirement under such subsection—

12 ‘‘(A) upon the recommendation of the Super13 intendent of the Naval Academy; and

14 ‘‘(B) with the concurrence of the Chief of Naval

15 Operations.

16 ‘‘(2) The Secretary of the Navy shall determine the pe17 riod of continuation on active duty of an officer under this

18 subsection.

19 ‘‘(c) ELIGIBILITY FOR PROMOTION.—A permanent

20 military professor at the Naval Academy who has been re21 tained on active duty as a permanent military professor

22 after more than 28 years of active commissioned service in

23 the grade of commander under subsection (b) is eligible for

24 consideration for promotion to the grade of captain.’’.
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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended by

3 inserting after the item relating to section 6952 the

4 following new item:

‘‘6952a. Faculty: retention of permanent military professors.’’.

5 (b) CONFORMING AMENDMENTS.—

6 (1) Section 633 of such title is amended—

7 (A) by striking ‘‘and an officer’’ and insert8 ing ‘‘, an officer’’; and

9 (B) by inserting ‘‘, and an officer who is a

10 permanent military professor at the Naval Acad11 emy to whom section 6952a of this title applies,’’

12 after ‘‘section 6383 of this title applies’’.

13 (2) Section 634 of such title is amended by in14 serting ‘‘and an officer who is a permanent military

15 professor at the Naval Academy to whom section

16 6952a of this title applies,’’ after ‘‘section 6383(a)(4)

17 of this title’’.

18 Subtitle F—Administrative Matters

19 SEC. 571. CLARIFICATION OF LEAVE ACCRUAL FOR MEM20 BERS ASSIGNED TO A DEPLOYABLE SHIP OR

21 MOBILE UNIT OR OTHER DUTY.

22 Subparagraph (B) of section 701(f)(1) of title 10,

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

24 ‘‘(B) This subsection applies to a member who—
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1 ‘‘(i) serves on active duty for a continuous pe2 riod of at least 120 days in an area in which the

3 member is entitled to special pay under section

4 310(a) of title 37;

5 ‘‘(ii) is assigned to a deployable ship or mobile

6 unit or to other duty designated for the purpose of

7 this section; or

8 ‘‘(iii) on or after August 29, 2005, performs duty

9 designated by the Secretary of Defense as qualifying

10 duty for purposes of this subsection.’’.

11 SEC. 572. LIMITATION ON CONVERSION OF MILITARY MED12 ICAL AND DENTAL BILLETS TO CIVILIAN PO13 SITIONS.

14 (a) LIMITATION.—Commencing as of the date of the

15 enactment of this Act, no military medical or dental billet

16 may be converted to a civilian position until 90 days after

17 the date on which the Secretary of Defense certifies to the

18 congressional defense committees each of the following:

19 (1) That the conversion of military medical or

20 dental billets to civilian positions, whether before the

21 date of the enactment or as scheduled after the limita22 tion under this subsection no longer applies, will not

23 result in an increase in civilian health care costs.

24 (2) That the conversion of such billets to such po25 sitions meets the joint medical and dental readiness
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1 requirements of the uniformed services, as determined

2 jointly by all the uniformed services.

3 (3) That, as determined pursuant to market sur4 veys conducted under subsection (b), the civilian med5 ical and dental care providers available in each af6 fected area are adequate to fill the civilian positions

7 created by the conversion of such billets to such posi8 tions in such affected area.

9 (b) MARKET SURVEYS.—The Secretary of Defense shall

10 conduct in each affected area a survey of the availability

11 of civilian medical and dental care providers in such area

12 in order to determine, for purposes of subsection (a)(3),

13 whether or not the civilian medical and dental care pro14 viders available in such area are adequate to fill the civilian

15 positions created by the conversion of medical and dental

16 billets to civilian positions in such area.

17 (c) DEFINITIONS.—In this section:

18 (1) The term ‘‘affected area’’ means an area in

19 which the conversion of military medical or dental

20 billets to civilian positions has taken place as of the

21 date of the enactment of this Act or is scheduled to

22 take place after the limitation under subsection (a) no

23 longer applies.
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1 (2) The term ‘‘uniformed services’’ has the mean2 ing given that term in section 1072(1) of title 10,

3 United States Code.

4 SEC. 573. UNIFORM POLICY ON PARENTAL LEAVE AND SIMI5 LAR LEAVE.

6 (a) POLICY REQUIRED.—The Secretary of Defense

7 shall prescribe in regulations a uniform policy for the tak8 ing by members of the Armed Forces of parental leave to

9 cover leave to be used in connection with births or adop10 tions, as the Secretary shall designate under the policy.

11 (b) UNIFORMITY ACROSS ARMED FORCES.—The policy

12 prescribed under subsection (a) shall apply uniformly

13 across the Armed Forces.

14 SEC. 574. MENTAL HEALTH SCREENINGS OF MEMBERS OF

15 THE ARMED FORCES FOR POST TRAUMATIC

16 STRESS DISORDER AND OTHER MENTAL

17 HEALTH CONDITIONS.

18 (a) MENTAL HEALTH SCREENINGS.—

19 (1) IN GENERAL.—Under regulations prescribed

20 by the Secretary of Defense, the Secretary concerned

21 shall perform mental health screenings of each mem22 ber of the Armed Forces who is deployed in a combat

23 operation or to a combat zone.

24 (b) NATURE OF SCREENINGS.—The first mental health

25 screening of a member under this section shall be designed
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1 to determine the mental state of such member before deploy2 ment. Each other mental health screening of a member

3 under this section shall be designated to detect symptoms

4 or other evidence in such member of Post Traumatic Stress

5 Disorder (PTSD) or other mental health condition relating

6 to combat.

7 (c) TIME OF SCREENINGS.—A member shall receive a

8 mental health screening under this section at times as fol9 lows:

10 (1) Prior to deployment in a combat operation

11 or to a combat zone.

12 (2) Not later than 30 days after the date of the

13 member’s return from such deployment.

14 (3) Not later than 120 days after the date of the

15 member’s return from such deployment.

16 SEC. 575. SENSE OF THE SENATE ON NOTICE TO CONGRESS

17 OF RECOGNITION OF MEMBERS OF THE

18 ARMED FORCES FOR EXTRAORDINARY ACTS

19 OF BRAVERY, HEROISM, AND ACHIEVEMENT.

20 It is the sense of the Senate that the Secretary of De21 fense or the Secretary of the military department concerned

22 should, upon awarding a medal to a member of the Armed

23 Forces or otherwise commending or recognizing a member

24 of the Armed Forces for an act of extraordinary heroism,

25 bravery, achievement, or other distinction, notify the Com-
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1 mittees on Armed Services of the Senate and the House of

2 Representatives, the Senators from the State in which such

3 member resides, and the Member of the House of Represent4 atives from the district in which such member resides of

5 such extraordinary award, commendation, or recognition.

6 SEC. 576. NATIONAL CALL TO SERVICE PROGRAM.

7 (a) LIMITATION TO DOMESTIC NATIONAL SERVICE

8 PROGRAMS.—Subsection (c)(3)(D) of section 510 of title 10,

9 United States Code, is amended by striking ‘‘in the Peace

10 Corps, Americorps, or another national service program’’

11 and inserting ‘‘in Americorps or another domestic national

12 service program’’.

13 (b) ADMINISTRATION OF EDUCATION INCENTIVES BY

14 SECRETARY OF VETERANS AFFAIRS.—Paragraph (2) of

15 subsection (h) of such section is amended to read as follows:

16 ‘‘(2)(A) Educational assistance under paragraphs (3)

17 or (4) of subsection (e) shall be provided through the De18 partment of Veterans Affairs under an agreement to be en19 tered into by the Secretary of Defense and the Secretary

20 of Veterans Affairs. The agreements shall include adminis21 trative procedures to ensure the prompt and timely transfer

22 of funds from the Secretary concerned to the Secretary of

23 Veterans Affairs for the making of payments under this sec24 tion.
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1 ‘‘(B) Except as otherwise provided in this section, the

2 provisions of sections 503, 511, 3470, 3471, 3474, 3476,

3 3482(g), 3483, and 3485 of title 38 and the provisions of

4 subchapters I and II of chapter 36 of such title (with the

5 exception of sections 3686(a), 3687, and 3692) shall be ap6 plicable to the provision of educational assistance under

7 this chapter. The term ‘eligible veteran’ and the term ‘per8 son’, as used in those provisions, shall be deemed for the

9 purpose of the application of those provisions to this section

10 to refer to a person eligible for educational assistance under

11 paragraph (3) or (4) of subsection (e).’’.

12 SEC. 577. DESIGNATION OF IKE SKELTON EARLY COMMIS13 SIONING PROGRAM SCHOLARSHIPS.

14 Section 2107a of title 10, United States Code, is

15 amended by adding at the end the following new subsection:

16 ‘‘(j) Financial assistance provided under this section

17 to a cadet appointed at a military junior college is des18 ignated as, and shall be known as, an ‘Ike Skelton Early

19 Commissioning Program Scholarship’.’’.
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1 Subtitle G—Defense Dependents

2 Education Matters

3 SEC. 581. EXPANSION OF AUTHORIZED ENROLLMENT IN DE4 PARTMENT OF DEFENSE DEPENDENTS

5 SCHOOLS OVERSEAS.

6 The Defense Dependents’ Education Act of 1978 (20

7 U.S.C. 931 et seq.) is amended by inserting after section

8 1404 the following new section:

9 ‘‘ENROLLMENT OF CERTAIN ADDITIONAL CHILDREN ON

10 TUITION-FREE BASIS

11 ‘‘SEC. 1404A. (a) The Secretary of Defense may, under

12 regulations to be prescribed by the Secretary, authorize the

13 enrollment in schools of the defense dependents’ education

14 system on a tuition-free basis the children of full-time, lo15 cally-hired employees of the Department of Defense in an

16 overseas area if such employees are citizens or nationals of

17 the United States.

18 ‘‘(b) The Secretary may utilize funds available for the

19 defense dependents’ education system, including funds for

20 construction, in order to provide for the education of chil21 dren enrolled in the defense dependents’ education system

22 under subsection (a).’’.
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1 SEC. 582. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES

2 WITH SIGNIFICANT ENROLLMENT INCREASES

3 OR DECREASES IN MILITARY DEPENDENT

4 STUDENTS DUE TO TROOP RELOCATIONS,

5 CREATION OF NEW UNITS, AND REALIGN6 MENTS UNDER BRAC.

7 (a) AVAILABILITY OF ASSISTANCE.—To assist commu8 nities in making adjustments resulting from the creation

9 of new units and other large-scale relocations of members

10 of the Armed Forces between military installations, the Sec11 retary of Defense may make payments to local educational

12 agencies described in subsection (b) that, during the period

13 between the end of the school year preceding the fiscal year

14 for which the payments are authorized and the beginning

15 of the school year immediately preceding that school year,

16 had an overall increase or decrease in the number of mili17 tary dependent students enrolled in schools of such local

18 educational agencies equal to or greater than 250 military

19 dependent students.

20 (b) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A

21 local educational agency is eligible for assistance under this

22 section for a fiscal year only if the Secretary of Defense

23 determines that—

24 (1) the local educational agency is eligible for

25 educational agencies assistance for the same fiscal

26 year; and
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1 (2) the required overall increase or decrease in

2 the number of military dependent students enrolled in

3 schools of that local educational agency, as provided

4 in subsection (a), occurred as a result of the reloca5 tion of military personnel due to—

6 (A) the global rebasing plan of the Depart7 ment of Defense;

8 (B) the official creation or activation of one

9 or more new military units;

10 (C) the realignment of forces as a result of

11 the base closure process; or

12 (D) a change in the number of housing

13 units on a military installation.

14 (c) NOTIFICATION.—Not later than June 30, 2006, and

15 June 30 of each of the next two fiscal years, the Secretary

16 of Defense shall notify each local educational agency that

17 is eligible for assistance under this section for such fiscal

18 year of—

19 (1) the eligibility of the local educational agency

20 for the assistance; and

21 (2) the amount of the assistance for which that

22 local educational agency is eligible, as determined

23 under subsection (d).

24 (d) AMOUNT OF ASSISTANCE.—
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1 (1) IN GENERAL.—In making assistance avail2 able to local educational agencies under this section,

3 the Secretary of Defense shall, in consultation with

4 the Secretary of Education, make assistance available

5 to such local educational agencies for a fiscal year on

6 a pro rata basis based on the size of the overall in7 crease or decrease in the number of military and De8 partment of Defense civilian dependent students en9 rolled in schools of those local educational agencies for

10 such fiscal year.

11 (2) LIMITATION.—No local educational agency

12 may receive more than $1,000,000 in assistance under

13 this section for any fiscal year.

14 (e) DISBURSEMENT OF FUNDS.—The Secretary of De15 fense shall disburse assistance made available under this

16 section for a fiscal year not later than 30 days after the

17 date on which notification to the eligible local educational

18 agencies is provided pursuant to subsection (c) for that fis19 cal year.

20 (f) CONSULTATION.—The Secretary of Defense shall

21 carry out this section in consultation with the Secretary

22 of Education.

23 (g) REPORTS.—

24 (1) REPORTS REQUIRED.—Not later than May 1

25 of each of 2007, 2008, and 2009, the Secretary of De-
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1 fense shall submit to the congressional defense com2 mittees a report on the assistance provided under this

3 section during the fiscal year preceding the date of

4 such report.

5 (2) ELEMENT.—Each report on the assistance

6 provided during a fiscal year under this section shall

7 include an assessment and description of the current

8 compliance of each local educational agency receiving

9 such assistance with the requirements of the No Child

10 Left Behind Act of 2001 (Public Law 107–110).

11 (h) FUNDING.—Of the amount authorized to be appro12 priated to the Department of Defense for fiscal years 2006,

13 2007, and 2008 for operation and maintenance for Defense14 wide activities, $15,000,000 shall be available for each such

15 fiscal year only for the purpose of providing assistance to

16 local educational agencies under this section.

17 (i) TERMINATION.—The authority of the Secretary of

18 Defense to provide financial assistance under this section

19 shall expire on September 30, 2008.

20 (j) DEFINITIONS.—In this section:

21 (1) The term ‘‘base closure process’’ means the

22 2005 base closure and realignment process authorized

23 by Defense Base Closure and Realignment Act of 1990

24 (part A of title XXIX of Public Law 101–510; 10

25 U.S.C. 2687 note) or any base closure and realign-
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1 ment process conducted after the date of the enact2 ment of this Act under section 2687 of title 10,

3 United States Code, or any other similar law enacted

4 after that date.

5 (2) The term ‘‘educational agencies assistance’’

6 means assistance authorized under section 386(b) of

7 the National Defense Authorization Act for Fiscal

8 Year 1993 (Public Law 102–484; 20 U.S.C. 7703

9 note).

10 (3) 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 (4) 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.
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1 SEC. 583. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES

2 THAT BENEFIT DEPENDENTS OF MEMBERS

3 OF THE ARMED FORCES AND DEPARTMENT

4 OF DEFENSE CIVILIAN EMPLOYEES.

5 (a) CONTINUATION OF DEPARTMENT OF DEFENSE

6 PROGRAM FOR FISCAL YEAR 2006.—Of the amount author7 ized to be appropriated pursuant to section 301(5) for oper8 ation and maintenance for Defense-wide activities,

9 $30,000,000 shall be available only for the purpose of pro10 viding educational agencies assistance to local educational

11 agencies.

12 (b) NOTIFICATION.—Not later than June 30, 2006, the

13 Secretary of Defense shall notify each local educational

14 agency that is eligible for educational agencies assistance

15 for fiscal year 2006 of—

16 (1) that agency’s eligibility for the assistance;

17 and

18 (2) the amount of the assistance for which that

19 agency is eligible.

20 (c) DISBURSEMENT OF FUNDS.—The Secretary of De21 fense shall disburse funds made available under subsection

22 (a) not later than 30 days after the date on which notifica23 tion to the eligible local educational agencies is provided

24 pursuant to subsection (b).

25 (d) DEFINITIONS.—In this section:
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1 (1) The term ‘‘educational agencies assistance’’

2 means assistance authorized under section 386(b) of

3 the National Defense Authorization Act for Fiscal

4 Year 1993 (Public Law 102–484; 20 U.S.C. 7703

5 note).

6 (2) The term ‘‘local educational agency’’ has the

7 meaning given that term in section 8013(9) of the El8 ementary and Secondary Education Act of 1965 (20

9 U.S.C. 7713(9)).

10 (3) The term ‘‘basic support payment’’ means a

11 payment authorized under section 8003(b)(1) of the

12 Elementary and Secondary Education Act of 1965

13 (20 U.S.C. 7703(b)(1)).

14 SEC. 584. IMPACT AID FOR CHILDREN WITH SEVERE DIS15 ABILITIES.

16 Of the amount authorized to be appropriated pursuant

17 to section 301(5) for operation and maintenance for De18 fense-wide activities, $5,000,000 shall be available for pay19 ments under section 363 of the Floyd D. Spence National

20 Defense Authorization Act for Fiscal Year 2001 (as enacted

21 into law by Public Law 106–398; 114 Stat. 1654A–77; 20

22 U.S.C. 7703a).
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1 SEC. 585. PILOT PROJECTS ON PEDIATRIC EARLY LITERACY

2 AMONG CHILDREN OF MEMBERS OF THE

3 ARMED FORCES.

4 (a) PILOT PROJECTS AUTHORIZED.—The Secretary of

5 Defense may conduct pilot projects to assess the feasibility,

6 advisability, and utility of encouraging pediatric literacy

7 among the children of members of the Armed Forces uti8 lizing the Reach Out and Read model of pediatric early

9 literacy.

10 (b) LOCATIONS.—

11 (1) IN GENERAL.—The pilot projects conducted

12 under subsection (a) shall be conducted at not more

13 than 20 military medical treatment facilities des14 ignated by the Secretary for purposes of this section.

15 (2) CO-LOCATION WITH CERTAIN INSTALLA16 TIONS.—In designating military medical treatment

17 facilities under paragraph (1), the Secretary shall, to

18 the extent practicable, designate facilities that are lo19 cated on, or co-located with, military installations at

20 which the mobilization or demobilization of members

21 of the Armed Forces occurs.

22 (c) ACTIVITIES.—Activities under the pilot projects

23 conducted under subsection (a) shall include activities in

24 accordance with the Reach Out and Read model of pediatric

25 early literacy as follows:
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1 (1) The provision of training to health care pro2 viders and other appropriate personnel on early lit3 eracy promotion.

4 (2) The purchase and distribution of children’s

5 books to members of the Armed Forces, their spouses,

6 and their children.

7 (3) The modification of treatment facility and

8 clinic waiting rooms to include a full selection of lit9 erature for children.

10 (4) The dissemination to members of the Armed

11 Forces and their spouses of parent education mate12 rials on pediatric early literacy.

13 (5) Such other activities as the Secretary con14 siders appropriate.

15 (d) CONSULTATION.—The Secretary shall consult with

16 the Reach Out and Read National Center in the develop17 ment and implementation of the pilot projects conducted

18 under this section, including in the designation of locations

19 of the pilot projects under subsection (b).

20 (e) REPORT.—

21 (1) IN GENERAL.—Not later than March 1, 2007,

22 the Secretary shall submit to the congressional defense

23 committees a report on the pilot projects conducted

24 under this section.
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1 (2) ELEMENTS.—The report under paragraph

2 (1) shall include—

3 (A) a description of the pilot projects con4 ducted under this section, including the location

5 of each pilot project and the activities conducted

6 under each pilot project; and

7 (B) an assessment of the feasibility, advis8 ability, and utility of encouraging pediatric

9 early literacy among the children of members of

10 the Armed Forces utilizing the Reach Out and

11 Read model of pediatric early literacy.

12 (f) FUNDING.—

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

14 be appropriated by section 301(5) for operation and

15 maintenance for Defense-wide activities, up to

16 $2,000,000 may be available for the pilot projects au17 thorized by this section.

18 (2) AVAILABILITY.—The amount available under

19 paragraph (1) shall remain available until expended.

20 Subtitle H—Other Matters

21 SEC. 591. POLICY AND PROCEDURES ON CASUALTY ASSIST22 ANCE TO SURVIVORS OF MILITARY DECE23 DENTS.

24 (a) COMPREHENSIVE POLICY ON CASUALTY ASSIST25 ANCE.—
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1 (1) POLICY REQUIRED.—Not later than January

2 1, 2006, the Secretary of Defense shall develop and

3 prescribe a comprehensive policy for the Department

4 of Defense on the provision of casualty assistance to

5 survivors and next of kin of members of the Armed

6 Forces who die during military service (in this sec7 tion referred to as ‘‘military decedents’’).

8 (2) CONSULTATION.—The Secretary shall develop

9 the policy in consultation with the Secretaries of the

10 military departments, the Secretary of Veterans Af11 fairs, and the Secretary of Homeland Security with

12 respect to the Coast Guard

13 (3) INCORPORATION OF PAST EXPERIENCE AND

14 PRACTICE.—The policy shall be based on—

15 (A) the experience and best practices of the

16 military departments;

17 (B) the recommendations of nongovernment

18 organizations with demonstrated expertise in re19 sponding to the needs of survivors of military de20 cedents; and

21 (C) such other matters as the Secretary of

22 Defense considers appropriate.

23 (4) PROCEDURES.—The policy shall include pro24 cedures to be followed by the military departments in

25 the provision of casualty assistance to survivors and
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1 next of kin of military decedents. The procedures shall

2 be uniform across the military departments except to

3 the extent necessary to reflect the traditional practices

4 or customs of a particular military department.

5 (b) ELEMENTS OF POLICY.—The comprehensive policy

6 developed under subsection (a) shall address the following

7 matters:

8 (1) The initial notification of primary and sec9 ondary next of kin of the deaths of military decedents

10 and any subsequent notifications of next of kin war11 ranted by circumstances.

12 (2) The transportation and disposition of re13 mains of military decedents, including notification of

14 survivors of the performance of autopsies.

15 (3) The qualifications, assignment, training, du16 ties, supervision, and accountability for the perform17 ance of casualty assistance responsibilities.

18 (4) The relief or transfer of casualty assistance

19 officers, including notification to survivors and next

20 of kin of the reassignment of such officers to other du21 ties.

22 (5) Centralized, short-term and long-term case23 management procedures for casualty assistance by

24 each military department, including rapid access by
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1 survivors of military decedents and casualty assist2 ance officers to expert case managers and counselors.

3 (6) The provision, through a computer accessible

4 Internet website and other means and at no cost to

5 survivors of military decedents, of personalized, inte6 grated information on the benefits and financial as7 sistance available to such survivors from the Federal

8 Government.

9 (7) The provision, at no cost to survivors of mili10 tary decedents, of legal assistance by military attor11 neys on matters arising from the deaths of such dece12 dents, including tax matters, on an expedited,

13 prioritized basis.

14 (8) The provision of financial counseling to sur15 vivors of military decedents, particularly with respect

16 to appropriate disposition of death gratuity and in17 surance proceeds received by surviving spouses, minor

18 dependent children, and their representatives.

19 (9) The provision of information to survivors

20 and next of kin of military decedents on mechanisms

21 for registering complaints about, or requests for, addi22 tional assistance related to casualty assistance.

23 (10) Liaison with the Department of Veterans

24 Affairs and the Social Security Administration in

25 order to ensure prompt and accurate resolution of
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1 issues relating to benefits administered by those agen2 cies for survivors of military decedents.

3 (11) Data collection regarding the incidence and

4 quality of casualty assistance provided to survivors of

5 military decedents, including surveys of such sur6 vivors and military and civilian members assigned

7 casualty assistance duties.

8 (c) ADOPTION BY MILITARY DEPARTMENTS.—Not later

9 than March 1, 2006, the Secretary of each military depart10 ment shall prescribe regulations, or modify current regula11 tions, on the policies and procedures of such military de12 partment on the provision of casualty assistance to sur13 vivors and next of kin of military decedents in order to con14 form such policies and procedures to the policy developed

15 under subsection (a).

16 (d) REPORT ON IMPROVEMENT OF CASUALTY ASSIST17 ANCE PROGRAMS.—Not later than May 1, 2006, the Sec18 retary of Defense shall submit to the Committees on Armed

19 Services of the Senate and the House of Representatives a

20 report that includes—

21 (1) the assessment of the Secretary of the ade22 quacy and sufficiency of the current casualty assist23 ance programs of the military departments;

24 (2) a plan for a system for the uniform provision

25 to survivors of military decedents of personalized, ac-
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1 curate, and integrated information on the benefits

2 and financial assistance available to such survivors

3 through the casualty assistance programs of the mili4 tary departments under subsection (c); and

5 (3) such recommendations for other legislative or

6 administrative action as the Secretary considers ap7 propriate to enhance and improve such programs to

8 achieve their intended purposes.

9 (e) GAO REPORT.—

10 (1) REPORT REQUIRED.—Not later than August

11 1, 2006, the Comptroller General of the United States

12 shall submit to the congressional defense committees a

13 report on the evaluation by the Comptroller General

14 of the casualty assistance programs of the Department

15 of Defense and of such other departments and agencies

16 of the Federal Government as provide casualty assist17 ance to survivors and next of kin of military dece18 dents.

19 (2) ASSESSMENT.—The report shall include the

20 assessment of the Comptroller General of the adequacy

21 of the current policies and procedures of, and funding

22 for, the casualty assistance programs covered by the

23 report to achieve their intended purposes.
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1 SEC. 592. MODIFICATION AND ENHANCEMENT OF MISSION

2 AND AUTHORITIES OF THE NAVAL POST3 GRADUATE SCHOOL.

4 (a) COMBAT-RELATED FOCUS FOR NAVAL POST5 GRADUATE SCHOOL.—

6 (1) IN GENERAL.—Section 7041 of title 10,

7 United States Code, is amended by striking ‘‘for the

8 advanced instruction’’ and all that follows and insert9 ing ‘‘for the provision of advanced instruction, and

10 professional and technical education, to commissioned

11 officers of the naval service to enhance combat effec12 tiveness and the national security.’’.

13 (2) CONFORMING AMENDMENT.—Section

14 7042(b)(1) of such title is amended by striking ‘‘and

15 technical education’’ and inserting ‘‘, and technical

16 and professional education,’’.

17 (b) EXPANDED ELIGIBILITY OF ENLISTED PERSONNEL

18 FOR INSTRUCTION.—Section 7045 of such title is

19 amended—

20 (1) in subsection (a)(2)—

21 (A) by redesignating subparagraph (C) as

22 subparagraph (D);

23 (B) by inserting after subparagraph (B) the

24 following new subparagraph (C):

25 ‘‘(C) The Secretary may permit an eligible member of

26 the armed forces to receive instruction from the Post-
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1 graduate School in certificate programs and courses re2 quired for the performance of the member’s duties.’’; and

3 (C) in subparagraph (D), as so redesig4 nated, by striking ‘‘(A) and (B)’’ and inserting

5 ‘‘(A), (B), and (C)’’; and

6 (2) in subsection (b)(2), by striking ‘‘(a)(2)(C)’’

7 and inserting ‘‘(a)(2)(D)’’.

8 SEC. 593. EXPANSION AND ENHANCEMENT OF AUTHORITY

9 TO PRESENT RECOGNITION ITEMS FOR RE10 CRUITMENT AND RETENTION PURPOSES.

11 (a) IN GENERAL.—(1) Subchapter II of chapter 134

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

13 the end the following new section:

14 ‘‘§ 2261. Presentation of recognition items for recruit15 ment and retention purposes

16 ‘‘(a) EXPENDITURES FOR RECOGNITION ITEMS.—

17 Under regulations prescribed by the Secretary of Defense,

18 appropriated funds may be expended—

19 ‘‘(1) to procure recognition items of nominal or

20 modest value for recruitment or retention purposes;

21 and

22 ‘‘(2) to present such items—

23 ‘‘(A) to members of the armed forces, includ24 ing members of the reserve components of the

25 armed forces; and
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1 ‘‘(B) to members of the families of members

2 of the armed forces, and to other individuals rec3 ognized as providing support that substantially

4 facilitates service in the armed forces.

5 ‘‘(b) PROVISION OF MEALS AND REFRESHMENTS.—

6 For purposes of section 520c of this title and any regulation

7 prescribed to implement that section, functions conducted

8 for the purpose of presenting recognition items described in

9 subsection (a) shall be treated as recruiting functions, and

10 recipients of such items shall be treated as persons who are

11 the objects of recruiting efforts.

12 ‘‘(c) DEFINITION.—The term ‘recognition items of

13 nominal or modest value’ means commemorative coins,

14 medals, trophies, badges, flags, posters, paintings, or other

15 similar items that are valued at less than $50 per item and

16 are designed to recognize or commemorate service in the

17 armed forces.

18 ‘‘(d) TERMINATION OF AUTHORITY.—The authority

19 under this section shall expire December 31, 2007.’’.

20 (2) The table of sections at the beginning of subchapter

21 II of chapter 134 of such title is amended by adding at

22 the end the following new item:

‘‘2261. Presentation of recognition items for recruitment and retention purposes.’’.

23 (b) REPEAL OF SUPERSEDED AUTHORITIES.—

24 (1) ARMY RESERVE.—(A) Section 18506 of title

25 10, United States Code, is repealed.
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1 (B) The table of sections at the beginning of

2 chapter 1805 of such title is amended by striking the

3 item relating to section 18506.

4 (2) NATIONAL GUARD.—(A) Section 717 of title

5 32, United States Code, is repealed.

6 (B) The table of sections at the beginning of

7 chapter 7 of such title is amended by striking the item

8 relating to section 717.

9 SEC. 594. REQUIREMENT FOR REGULATIONS ON POLICIES

10 AND PROCEDURES ON PERSONAL COMMER11 CIAL SOLICITATIONS ON DEPARTMENT OF

12 DEFENSE INSTALLATIONS.

13 (a) REQUIREMENT.—Not later than January 1, 2006,

14 the Secretary of Defense shall prescribe regulations, or mod15 ify existing regulations, on the policies and procedures re16 lating to personal commercial solicitations, including the

17 sale of life insurance and securities, on Department of De18 fense installations.

19 (b) REPEAL OF SUPERSEDED LIMITATIONS.—The fol20 lowing provisions of law are repealed:

21 (1) Section 586 of the National Defense Author22 ization Act for Fiscal Year 2004 (Public Law 108–

23 136; 117 Stat. 1493).
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1 (2) Section 8133 of the Department of Defense

2 Appropriations Act, 2005 (Public Law 108–287; 118

3 Stat. 1002).

4 SEC. 595. FEDERAL ASSISTANCE FOR STATE PROGRAMS

5 UNDER THE NATIONAL GUARD YOUTH CHAL6 LENGE PROGRAM.

7 (a) IN GENERAL.—Section 509(d) of title 32, United

8 States Code, is amended by striking paragraphs (1), (2),

9 (3), and (4) and inserting the following new paragraphs:

10 ‘‘(1) for fiscal year 2006, 65 percent of the costs

11 of operating the State program during that fiscal

12 year;

13 ‘‘(2) for fiscal year 2007, 70 percent of the costs

14 of operating the State program during that fiscal

15 year; and

16 ‘‘(3) for fiscal year 2008 and each subsequent fis17 cal year, 75 percent of the costs of operating the State

18 program during such fiscal year.’’.

19 (b) EFFECTIVE DATE.—The amendment made by sub20 section (a) shall take effect on October 1, 2005.
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1 SEC. 596. AUTHORITY FOR NATIONAL DEFENSE UNIVER2 SITY AWARD OF DEGREE OF MASTER OF

3 SCIENCE IN JOINT CAMPAIGN PLANNING AND

4 STRATEGY.

5 (a) JOINT FORCES STAFF COLLEGE PROGRAM.—Sec6 tion 2163 of title 10, United States Code, is amended to

7 read as follows:

8 ‘‘§ 2163. National Defense University: master of

9 science degrees

10 ‘‘(a) AUTHORITY TO AWARD SPECIFIED DEGREES.—

11 The President of the National Defense University, upon the

12 recommendation of the faculty of the respective college or

13 other school within the University, may confer the master

14 of science degrees specified in subsection (b).

15 ‘‘(b) AUTHORIZED DEGREES.—The following degrees

16 may be awarded under subsection (a):

17 ‘‘(1) MASTER OF SCIENCE IN NATIONAL SECU18 RITY STRATEGY.—The degree of master of science in

19 national security strategy, to graduates of the Univer20 sity who fulfill the requirements of the program of the

21 National War College.

22 ‘‘(2) MASTER OF SCIENCE IN NATIONAL RE23 SOURCE STRATEGY.—The degree of master of science

24 in national resource strategy, to graduates of the Uni25 versity who fulfill the requirements of the program of

26 the Industrial College of the Armed Forces.
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1 ‘‘(3) MASTER OF SCIENCE IN JOINT CAMPAIGN

2 PLANNING AND STRATEGY.—The degree of master of

3 science in joint campaign planning and strategy, to

4 graduates of the University who fulfill the require5 ments of the program of the Joint Advanced

6 Warfighting School at the Joint Forces Staff College.

7 ‘‘(c) REGULATIONS.—The authority provided by this

8 section shall be exercised under regulations prescribed by

9 the Secretary of Defense.’’.

10 (b) CLERICAL AMENDMENT.—The item relating to sec11 tion 2163 in the table of sections at the beginning of chapter

12 108 of such title is amended to read as follows:

‘‘2163. National Defense University: master of science degrees.’’.

13 (c) EFFECTIVE DATE.—Paragraph (3) of section

14 2163(b) of title 10, United States Code, as amended by sub15 section (a), shall take effect for degrees awarded after May

16 2005.

17 SEC. 597. CLARIFICATION OF CERTAIN AUTHORITIES RE18 LATING TO THE COMMISSION ON THE NA19 TIONAL GUARD AND RESERVES.

20 (a) NATURE OF COMMISSION.—Subsection (a) of sec21 tion 513 of the Ronald W. Reagan National Defense Author22 ization Act for Fiscal Year 2005 (Public Law 108–375; 118

23 Stat. 1880) is amended by inserting ‘‘in the legislative

24 branch’’ after ‘‘There is established’’.
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1 (b) PAY OF MEMBERS.—Subsection (e)(1) of such sec2 tion is amended striking ‘‘except that’’ and all that follows

3 through the end and inserting ‘‘except that—

4 ‘‘(A) in applying the first sentence of subsection

5 (a) of section 957 of such Act to the Commission,

6 ‘may’ shall be substituted for ‘shall’; and

7 ‘‘(B) in applying subsections (a), (c)(2), and (e)

8 of section 957 of such Act to the Commission, ‘level

9 IV of the Executive Schedule’ shall be substituted for

10 ‘level V of the Executive Schedule’.’’.

11 (c) TECHNICAL AMENDMENT.—Subsection (c)(2)(C) of

12 such section is amended by striking ‘‘section 404(a)(4)’’ and

13 inserting ‘‘section 416(a)(4)’’.

14 (d) EFFECTIVE DATE.—The amendments made by this

15 section shall take effect on October 28, 2004, as if included

16 in the enactment of the Ronald W. Reagan National Defense

17 Authorization Act for Fiscal Year 2005.

18 SEC. 598. CONSUMER EDUCATION FOR MEMBERS OF THE

19 ARMED FORCES AND THEIR SPOUSES ON IN20 SURANCE AND OTHER FINANCIAL SERVICES.

21 (a) EDUCATION AND COUNSELING REQUIREMENTS.—

22 (1) IN GENERAL.—Chapter 50 of title 10, United

23 States Code, is amended by adding at the end the fol24 lowing new section:
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1 ‘‘§ 992. Consumer education: financial services

2 ‘‘(a) REQUIREMENT FOR CONSUMER EDUCATION PRO3 GRAM FOR MEMBERS.—(1) The Secretary concerned shall

4 carry out a program to provide comprehensive education

5 to members of the armed forces under the jurisdiction of

6 the Secretary on—

7 ‘‘(A) financial services that are available under

8 law to members;

9 ‘‘(B) financial services that are routinely offered

10 by private sector sources to members;

11 ‘‘(C) practices relating to the marketing of pri12 vate sector financial services to members;

13 ‘‘(D) such other matters relating to financial

14 services available to members, and the marketing of

15 financial services to members, as the Secretary con16 siders appropriate; and

17 ‘‘(E) such other financial practices as the Sec18 retary considers appropriate.

19 ‘‘(2) Training under this subsection shall be provided

20 to members as—

21 ‘‘(A) a component of members initial entry ori22 entation training; and

23 ‘‘(B) a component of periodically recurring re24 quired training that is provided for the members at

25 military installations.
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1 ‘‘(3) The training provided at a military installation

2 under paragraph (2)(B) shall include information on any

3 financial services marketing practices that are particularly

4 prevalent at that military installation and in the vicinity.

5 ‘‘(b) COUNSELING FOR MEMBERS AND SPOUSES.—(1)

6 The Secretary concerned shall, upon request, provide coun7 seling on financial services to each member of the armed

8 forces, and such member’s spouse, under the jurisdiction of

9 the Secretary.

10 ‘‘(2)(A) In the case of a military installation at which

11 at least 2,000 members of the armed forces on active duty

12 are assigned, the Secretary concerned—

13 ‘‘(i) shall provide counseling on financial serv14 ices under this subsection through a full-time finan15 cial services counselor at such installation; and

16 ‘‘(ii) may provide such counseling at such instal17 lation by any means elected by the Secretary from

18 among the following:

19 ‘‘(I) Through members of the armed forces

20 in grade E–7 or above, or civilians, who provide

21 such counseling as part of their other duties for

22 the armed forces or the Department of Defense.

23 ‘‘(II) By contract, including contract for

24 services by telephone and by the Internet.
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1 ‘‘(III) Through qualified representatives of

2 nonprofit organizations and agencies under for3 mal agreements with the Department of Defense

4 to provide such counseling.

5 ‘‘(B) In the case of any military installation not de6 scribed in subparagraph (A), the Secretary concerned shall

7 provide counseling on financial services under this sub8 section at such installation by any of the means set forth

9 in subparagraph (A)(ii), as elected by the Secretary con10 cerned.

11 ‘‘(3) Each financial services counselor under para12 graph (2)(A)(i), and any other individual providing coun13 seling on financial services under paragraph (2), shall be

14 an individual who, by reason of education, training, or ex15 perience, is qualified to provide helpful counseling to mem16 bers of the armed forces and their spouses on financial serv17 ices and marketing practices described in subsection (a)(1).

18 Such individual may be a member of the armed forces or

19 an employee of the Federal Government.

20 ‘‘(4) The Secretary concerned shall take such action as

21 is necessary to ensure that each financial services counselor

22 under paragraph (2)(A)(i), and any other individual pro23 viding counseling on financial services under paragraphs

24 (2), is free from conflicts of interest relevant to the perform25 ance of duty under this section. and, in the performance
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1 of that duty, is dedicated to furnishing members of the

2 armed forces and their spouses with helpful information

3 and counseling on financial services and related marketing

4 practices.

5 ‘‘(c) LIFE INSURANCE.—(1) In counseling a member

6 of the armed forces, or spouse of a member of the armed

7 forces, under this section regarding life insurance offered

8 by a private sector source, a financial services counselor

9 under subsection (b)(2)(A)(i), or another individual pro10 viding counseling on financial services under subsection

11 (b)(2), shall furnish the member or spouse, as the case may

12 be, with information on the availability of Servicemembers’

13 Group Life Insurance under subchapter III of chapter 19

14 of title 38, including information on the amounts of cov15 erage available and the procedures for electing coverage and

16 the amount of coverage.

17 ‘‘(2)(A) A covered member of the armed forces may not

18 authorize payment to be made for private sector life insur19 ance by means of an allotment of pay to which the member

20 is entitled under chapter 3 of title 37 unless the authoriza21 tion of allotment is accompanied by a written certification

22 by a commander of the member, a financial services coun23 selor referred to in subsection (b)(2)(A)(i), or another indi24 vidual providing counseling on financial services under

25 subsection (b)(2), as applicable, that the member has re-
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1 ceived counseling under paragraph (1) regarding the pur2 chase of coverage under that private sector life insurance.

3 ‘‘(B) Subject to subparagraph (C), a written certifi4 cation described in subparagraph (A) may not be made

5 with respect to a member‘s authorization of allotment as

6 described in subparagraph (A) until seven days after the

7 date of the member’s authorization of allotment in order

8 to facilitate the provision of counseling to the member under

9 paragraph (1).

10 ‘‘(C) The commander of a member may waive the ap11 plicability of subparagraph (B) to a member for good cause,

12 including the member’s imminent change of station.

13 ‘‘(D) In this paragraph, the term ‘covered member of

14 the armed forces’ means an active duty member of the

15 armed forces in grades E–1 through E–4.

16 ‘‘(d) FINANCIAL SERVICES DEFINED.—In this section,

17 the term ‘financial services’ includes the following:

18 ‘‘(1) Life insurance, casualty insurance, and

19 other insurance.

20 ‘‘(2) Investments in securities or financial in21 struments.

22 ‘‘(3) Banking, credit, loans, deferred payment

23 plans, and mortgages.’’.
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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended by

3 adding at the end the following new item:

‘‘992. Consumer education: financial services.’’.

4 (b) CONTINUING EFFECT OF EXISTING ALLOTMENTS

5 FOR LIFE INSURANCE.—Paragraph (c)(2) of section 992 of

6 title 10, United States Code (as added by subsection (a)),

7 shall not affect any allotment of pay authorized by a mem8 ber of the Armed Forces before the effective date of such sec9 tion.

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

11 section shall take effect on the first day of the first month

12 that begins more than 120 days after the date of the enact13 ment of this Act.

14 SEC. 599. REPORT ON PREDATORY LENDING PRACTICES DI15 RECTED AT MEMBERS OF THE ARMED

16 FORCES AND THEIR DEPENDENTS.

17 (a) FINDINGS.—The Senate makes the following find18 ings:

19 (1) Predatory lending practices harm members of

20 the Armed Forces and are an increasing problem for

21 the Armed Forces.

22 (2) Predatory lending practices not only hurt the

23 financial security of the members of the Armed Forces

24 but, according to the Under Secretary of Defense for
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1 Personnel and Readiness, also threaten the oper2 ational readiness of the Armed Forces.

3 (3) The General Accountability Office found in

4 an April 2005 report that the Department of Defense

5 was not fully utilizing tools available to the Depart6 ment to curb the predatory lending practices directed

7 at members of the Armed Forces.

8 (b) SENSE OF SENATE.—It is the sense of the Senate

9 that—

10 (1) the Department of Defense should work with

11 financial service regulators to protect the members of

12 the Armed Forces from predatory lending practices;

13 and

14 (2) the Senate should consider and adopt

15 legislation—

16 (A) to strengthen disclosure, education, and

17 other protections for members of the Armed

18 Forces regarding predatory lending practices;

19 and

20 (B) to ensure greater cooperation between

21 financial services regulators and the Department

22 of Defense on the protection of members of the

23 Armed Forces from predatory lending practices.

24 (c) REPORT.—
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1 (1) REPORT REQUIRED.—Not later than 90 days

2 after the date of the enactment of this Act, the Sec3 retary of Defense shall, in consultation with the Sec4 retary of the Treasury, the Chairman of the Federal

5 Reserve, the Chairman of the Federal Deposit Insur6 ance Corporation, and representatives of military

7 charity organizations and consumer organizations,

8 submit to the appropriate committees of Congress a

9 report on predatory lending practices directed at

10 members of the Armed Forces and their families.

11 (2) ELEMENTS.—The report under paragraph

12 (1) shall include—

13 (A) a description of the prevalence of preda14 tory lending practices directed at members of the

15 Armed Forces and their families;

16 (B) an assessment of the effects of predatory

17 lending practices on members of the Armed

18 Forces and their families;

19 (C) a description of the strategy of the De20 partment of Defense, and of any current or

21 planned programs of the Department, to educate

22 members of the Armed Forces and their families

23 regarding predatory lending practices;

24 (D) a description of the strategy of the De25 partment of Defense, and of any current or
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1 planned programs of the Department, to reduce

2 or eliminate—

3 (i) the prevalence of predatory lending

4 practices directed at members of the Armed

5 Forces and their families; and

6 (ii) the negative effect of such practices

7 on members of the Armed Forces and their

8 families; and

9 (E) recommendations for additional legisla10 tive and administrative action to reduce or

11 eliminate predatory lending practices directed at

12 members of the Armed Forces and their families.

13 (3) DEFINITIONS.—In this subsection:

14 (A) The term ‘‘appropriate committees of

15 Congress’’ means—

16 (i) the Committees on Armed Services

17 and Banking, Housing, and Urban Affairs

18 of the Senate; and

19 (ii) the Committees on Armed Services

20 and Financial Services of the House of Rep21 resentatives.

22 (B) The term ‘‘predatory lending practice’’

23 means an unfair or abusive loan or credit sale

24 transition or collection practice.
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1 SEC. 599A. PARTICIPATION OF MEMBERS OF THE ARMED

2 FORCES IN THE PARALYMPIC GAMES.

3 Section 717(a)(1) of title 10, United States Code, is

4 amended by striking ‘‘and Olympic Games’’ and inserting

5 ‘‘, Olympic Games, and Paralympic Games,’’.

6 SEC. 599B. MODIFICATION OF ELIGIBILITY FOR POSITION

7 OF PRESIDENT OF THE NAVAL POST8 GRADUATE SCHOOL.

9 Subsection (a) of section 7042 of title 10, United States

10 Code, is amended to read as follows:

11 ‘‘(a)(1) The President of the Naval Postgraduate

12 School shall be one of the following:

13 ‘‘(A) An officer of the Navy not below the grade

14 of rear admiral (lower half) who is detailed to such

15 position.

16 ‘‘(B) A civilian individual having qualifications

17 appropriate to the position of President of the Naval

18 Postgraduate School who is appointed to such posi19 tion.

20 ‘‘(2) The President of the Naval Postgraduate School

21 shall be detailed or assigned to such position under para22 graph (1) by the Secretary of the Navy, upon the rec23 ommendation of the Chief of Naval Operations.

24 ‘‘(3) An individual assigned as President of the Naval

25 Postgraduate School under paragraph (1)(B) shall serve in

26 such position for a term of not more than five years.’’.
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1 TITLE VI—COMPENSATION AND

2 OTHER PERSONNEL BENEFITS

3 Subtitle A—Pay and Allowances

4 SEC. 601. ELIGIBILITY FOR ADDITIONAL PAY OF PERMA5 NENT MILITARY PROFESSORS AT THE

6 UNITED STATES NAVAL ACADEMY WITH OVER

7 36 YEARS OF SERVICE.

8 Section 203(b) of title 37, United States Code, is

9 amended by inserting ‘‘, the United States Naval Acad10 emy,’’ after ‘‘the United States Military Academy’’.

11 SEC. 602. ENHANCED AUTHORITY FOR AGENCY CONTRIBU12 TIONS FOR MEMBERS OF THE ARMED FORCES

13 PARTICIPATING IN THE THRIFT SAVINGS

14 PLAN.

15 (a) AUTHORITY TO MAKE CONTRIBUTIONS FOR CER16 TAIN FIRST-TIME ENLISTEES.—Section 211(d) of title 37,

17 United States Code, is amended—

18 (1) in paragraph (1)—

19 (A) in subparagraph (A), by inserting ‘‘(i)’’

20 after ‘‘(A)’’;

21 (B) by redesignating subparagraph (B) as

22 clause (ii) of subparagraph (A);

23 (C) in clause (ii) of subparagraph (A), as

24 so redesignated, by striking the period at the end

25 and inserting ‘‘; or’’; and
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1 (D) by adding at the end the following new

2 subparagraph (B):

3 ‘‘(B) in the case of a member first enlisting in

4 the armed forces, the period of the member’s enlist5 ment is not less than two years.’’;

6 (2) in paragraph (2), by striking ‘‘paragraph

7 (1)’’ the first place it appears and inserting ‘‘para8 graph (1)(A)’’; and

9 (3) by adding at the end the following new para10 graph:

11 ‘‘(3) In the case of a member described by paragraph

12 (1)(B), the Secretary shall make contributions to the Fund

13 for the benefit of the member for each pay period of the

14 enlistment of the member described in that paragraph for

15 which the member makes a contribution to the Fund under

16 section 8440e of title 5 (other than under subsection (d)(2)

17 thereof). The second sentence of paragraph (2) applies to

18 the Secretary’s obligation to make contributions under this

19 paragraph to the same extent as such paragraph applies

20 to the Secretary’s obligation to make contributions under

21 such paragraph.’’.

22 (b) EFFECTIVE DATE.—The amendments made by this

23 section shall take effect on October 1, 2005.
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1 SEC. 603. PERMANENT AUTHORITY FOR SUPPLEMENTAL

2 SUBSISTENCE ALLOWANCE FOR LOW-INCOME

3 MEMBERS WITH DEPENDENTS.

4 Section 402a of title 37, United States Code, is amend5 ed by striking subsection (i).

6 SEC. 604. MODIFICATION OF PAY CONSIDERED AS SAVED

7 PAY UPON APPOINTMENT OF AN ENLISTED

8 MEMBER AS AN OFFICER.

9 (a) IN GENERAL.—Section 907(d) of title 37, United

10 States Code, is amended to read as follows:

11 ‘‘(d) In determining the amount of the pay and allow12 ances of a grade formerly held by an officer, the following

13 special and incentive pays may be considered only so long

14 as the officer continues to perform the duty creating the

15 entitlement to or eligibility for such pay and would other16 wise be eligible to receive such pay in the officer’s former

17 grade:

18 ‘‘(1) Incentive pay for hazardous duty under sec19 tion 301 of this title.

20 ‘‘(2) Submarine duty incentive pay under sec21 tion 301c of this title.

22 ‘‘(3) Diving duty special pay under section 304

23 of this title.

24 ‘‘(4) Hardship duty special pay under section

25 305 of this title.
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1 ‘‘(5) Career sea pay under section 305a of this

2 title.

3 ‘‘(6) Special pay for service as a member of a

4 Weapons of Mass Destruction Civil Support Team

5 under section 305b of this title.

6 ‘‘(7) Assignment incentive pay under section

7 307a of this title.

8 ‘‘(8) Hostile fire pay or imminent danger pay

9 under section 310 of this title.

10 ‘‘(9) Special pay for extension of overseas tour of

11 duty under section 314 of this title.

12 ‘‘(10) Foreign language proficiency pay under

13 section 316 of this title.

14 ‘‘(11) Critical skill retention bonus under section

15 323 of this title, if payable in periodic installments.’’.

16 (b) EFFECTIVE DATE.—The amendment made by this

17 section shall take effect on the date of the enactment of this

18 Act, and shall apply with respect to acceptances of enlisted

19 members of appointments as officers on or after that date.
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1 SEC. 605. PERMANENT EXTENSION OF PERIOD OF TEM2 PORARY CONTINUATION OF BASIC ALLOW3 ANCE FOR HOUSING FOR DEPENDENTS OF

4 MEMBERS OF THE ARMED FORCES WHO DIE

5 ON ACTIVE DUTY.

6 Effective immediately after the termination, pursuant

7 to subsection (b) of section 1022 of the Emergency Supple8 mental Appropriations Act for Defense, the Global War on

9 Terror, and Tsunami Relief, 2005 (Public Law 109–13; 119

10 Stat. 251), of the amendments made by subsection (a) of

11 such section, section 403(l) of title 37, United States Code,

12 is amended by striking ‘‘180 days’’ each place it appears

13 and inserting ‘‘365 days’’.

14 SEC. 606. BASIC ALLOWANCE FOR HOUSING FOR RESERVE

15 MEMBERS.

16 (a) EQUAL TREATMENT OF RESERVE MEMBERS.—

17 Subsection (g) of section 403 of title 37, United States 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 be paid

24 to the following members of a reserve component shall be

25 equal to the rate in effect for similarly situated members

26 of a regular component of the uniformed services:
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1 ‘‘(A) A member who is called or ordered to active

2 duty for a period of more than 30 days.

3 ‘‘(B) A member who is called or ordered to active

4 duty for a period of 30 days or less in support of a

5 contingency operation.’’; and

6 (3) in paragraph (4), as so redesignated, by

7 striking ‘‘less than 140 days’’ and inserting ‘‘30 days

8 or less’’.

9 (b) CONFORMING AMENDMENT REGARDING MEMBERS

10 WITHOUT DEPENDENTS.—Paragraph (1) of such subsection

11 is amended by inserting ‘‘or for a period of more than 30

12 days’’ after ‘‘in support of a contingency operation’’ both

13 places it appears.

14 SEC. 607. INCOME REPLACEMENT PAYMENTS FOR RE15 SERVES EXPERIENCING EXTENDED AND FRE16 QUENT MOBILIZATION FOR ACTIVE DUTY

17 SERVICE.

18 (a) IN GENERAL.—Chapter 19 of title 37, United

19 States Code, is amended by adding at the end the following

20 new section:
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1 ‘‘§ 910. Replacement of lost income: involuntarily mo2 bilized reserve component members sub3 ject to extended and frequent active duty

4 service

5 ‘‘(a) PAYMENT REQUIRED.—The Secretary concerned

6 shall pay to an eligible member of a reserve component of

7 the armed forces an amount equal to the monthly active8 duty income differential of the member, as determined by

9 the Secretary. The payments shall be made on a monthly

10 basis.

11 ‘‘(b) ELIGIBILITY.—Subject to subsection (c), a reserve

12 component member is entitled to a payment under this sec13 tion for any full month of active duty of the member, while

14 on active duty under an involuntary mobilization order,

15 following the date on which the member—

16 ‘‘(1) completes 180 continuous days of service on

17 active duty under such an order;

18 ‘‘(2) completes 24 months on active duty during

19 the previous 60 months under such an order; or

20 ‘‘(3) is involuntarily mobilized for service on ac21 tive duty six months or less following the member’s

22 separation from the member’s previous period of ac23 tive duty.

24 ‘‘(c) MINIMUM AND MAXIMUM PAYMENT AMOUNTS.—

25 (1) A payment under this section shall be made to a member
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1 for a month only if the amount of the monthly active-duty

2 income differential for the month is greater than $50.

3 ‘‘(2) Notwithstanding the amount determined under

4 subsection (d) for a member for a month, the monthly pay5 ment to a member under this section may not exceed $3,000.

6 ‘‘(d) MONTHLY ACTIVE-DUTY INCOME DIFFEREN7 TIAL.—For purposes of this section, the monthly active-duty

8 income differential of a member is the difference between—

9 ‘‘(1) the average monthly civilian income of the

10 member; and

11 ‘‘(2) the member’s total monthly military com12 pensation.

13 ‘‘(e) DEFINITIONS.—In this section:

14 ‘‘(1) The term ‘average monthly civilian income’,

15 with respect to a member of a reserve component,

16 means the amount, determined by the Secretary con17 cerned, of the earned income of the member for either

18 the 12 months preceding the member’s mobilization or

19 the 12 months covered by the member’s most recent

20 Federal income tax filing, divided by 12.

21 ‘‘(2) The term ‘total monthly military compensa22 tion’ means the amount, computed on a monthly

23 basis, of the sum of—

24 ‘‘(A) the amount of the regular military

25 compensation (RMC) of the member; and
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1 ‘‘(B) any amount of special pay or incen2 tive pay and any allowance (other than an al3 lowance included in regular military compensa4 tion) that is paid to the member on a monthly

5 basis.’’.

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

7 the beginning of such chapter is amended by adding at the

8 end the following new item:

‘‘910. Replacement of lost income: involuntarily mobilized reserve component

members subject to extended and frequent active duty service.’’.

9 (c) EFFECTIVE DATE.—Section 910 of title 37, United

10 States Code, as added by subsection (a), shall apply for

11 months after December 2005.

12 (d) LIMITATION ON FISCAL YEAR 2006 OBLIGA13 TIONS.—During fiscal year 2006, obligations incurred

14 under section 910 of title 37, United States Code, to provide

15 income replacement payments to involuntarily mobilized

16 members of a reserve component who are subject to extended

17 and frequent active duty service may not exceed

18 $60,000,000.
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1 Subtitle B—Bonuses and Special

2 and Incentive Pays

3 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND

4 SPECIAL PAY AUTHORITIES FOR RESERVE

5 FORCES.

6 (a) SELECTED RESERVE REENLISTMENT BONUS.—

7 Section 308b(g) of title 37, United States Code, is amended

8 by striking ‘‘December 31, 2005’’ and inserting ‘‘December

9 31, 2006’’.

10 (b) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED

11 TO CERTAIN HIGH PRIORITY UNITS.—Section 308d(c) of

12 such title is amended by striking ‘‘December 31, 2005’’ and

13 inserting ‘‘December 31, 2006’’.

14 (c) READY RESERVE NON-PRIOR SERVICE ENLIST15 MENT BONUS.—Section 308g(h) of such title is amended by

16 striking ‘‘an enlistment after September 30, 1992.’’ and in17 serting ‘‘an enlistment—

18 ‘‘(1) during the period beginning on October 1,

19 1992, and ending on September 30, 2005; or

20 ‘‘(2) after September 30, 2006.’’.

21 (d) READY RESERVE ENLISTMENT AND REENLIST22 MENT BONUS.—Section 308h(g) of such title is amended by

23 striking ‘‘December 31, 2005’’ and inserting ‘‘December 31,

24 2006’’.
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1 (e) PRIOR SERVICE ENLISTMENT BONUS.—Section

2 308i(f ) of such title is amended by striking ‘‘December 31,

3 2005’’ and inserting ‘‘December 31, 2006’’.

4 SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND

5 SPECIAL PAY AUTHORITIES FOR CERTAIN

6 HEALTH CARE PROFESSIONALS.

7 (a) NURSE OFFICER CANDIDATE ACCESSION PRO8 GRAM.—Section 2130a(a)(1) of title 10, United States Code,

9 is amended by striking ‘‘December 31, 2005’’ and inserting

10 ‘‘December 31, 2006’’.

11 (b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN

12 HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED

13 RESERVE.—Section 16302(d) of such title is amended by

14 striking ‘‘before January 1, 2006’’ and inserting ‘‘on or be15 fore December 31, 2006’’.

16 (c) ACCESSION BONUS FOR REGISTERED NURSES.—

17 Section 302d(a)(1) of title 37, United States Code, is

18 amended by striking ‘‘December 31, 2005’’ and inserting

19 ‘‘December 31, 2006’’.

20 (d) INCENTIVE SPECIAL PAY FOR NURSE ANES21 THETISTS.—Section 302e(a)(1) of such title is amended by

22 striking ‘‘December 31, 2005’’ and inserting ‘‘December 31,

23 2006’’.

24 (e) SPECIAL PAY FOR SELECTED RESERVE HEALTH

25 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 ‘‘the

8 date of the enactment of the Floyd D. Spence National De9 fense Authorization Act for Fiscal Year 2001 and ending

10 on September 30, 2005’’ and inserting ‘‘October 30, 2000,

11 and ending on December 31, 2006’’.

12 SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND

13 BONUS AUTHORITIES FOR NUCLEAR OFFI14 CERS.

15 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS

16 EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(e)

17 of title 37, United States Code, is amended by striking ‘‘De18 cember 31, 2005’’ and inserting ‘‘December 31, 2006’’.

19 (b) NUCLEAR CAREER ACCESSION BONUS.—Section

20 312b(c) of such title is amended by striking ‘‘December 31,

21 2005’’ and inserting ‘‘December 31, 2006’’.

22 (c) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—

23 Section 312c(d) of such title is amended by striking ‘‘De24 cember 31, 2005’’ and inserting ‘‘December 31, 2006’’.
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1 SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND

2 SPECIAL PAY AUTHORITIES.

3 (a) AVIATION OFFICER RETENTION BONUS.—Section

4 301b(a) of title 37, United States Code, is amended by strik5 ing ‘‘December 31, 2005’’ and inserting ‘‘December 31,

6 2006’’.

7 (b) ASSIGNMENT INCENTIVE PAY.—Section 307a(f) of

8 such title is amended by striking ‘‘December 31, 2006’’ and

9 inserting ‘‘December 31, 2007’’.

10 (c) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—

11 Section 308(g) of such title is amended by striking ‘‘Decem12 ber 31, 2005’’ and inserting ‘‘December 31, 2006’’.

13 (d) ENLISTMENT BONUS FOR ACTIVE MEMBERS.—

14 Section 309(e) of such title is amended by striking ‘‘Decem15 ber 31, 2005’’ and inserting ‘‘December 31, 2006’’.

16 (e) RETENTION BONUS FOR MEMBERS WITH CRITICAL

17 MILITARY SKILLS.—Section 323(i) of such title is amended

18 by striking ‘‘December 31, 2005’’ and inserting ‘‘December

19 31, 2006’’.

20 (f) ACCESSION BONUS FOR NEW OFFICERS IN CRIT21 ICAL SKILLS.—Section 324(g) of such title is amended by

22 striking ‘‘December 31, 2005’’ and inserting ‘‘December 31,

23 2006’’.
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1 SEC. 615. PAYMENT AND REPAYMENT OF ASSIGNMENT IN2 CENTIVE PAY.

3 (a) FLEXIBLE PAYMENT.—Section 307a of title 37,

4 United States Code, is amended—

5 (1) in subsection (a)—

6 (A) by striking ‘‘monthly’’; and

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

8 sentence: ‘‘Incentive pay payable under this sec9 tion may be paid on a monthly basis, in a lump

10 sum, or in installments.’’;

11 (2) in subsection (b)—

12 (A) by inserting ‘‘(1)’’ before ‘‘The Sec13 retary concerned’’;

14 (B) in paragraph (1), as so designated, by

15 striking ‘‘incentive pay’’ in the first sentence and

16 inserting ‘‘the payment of incentive pay on a

17 monthly basis’’; and

18 (C) by adding at the end the following new

19 paragraph:

20 ‘‘(2) The Secretary concerned shall require a member

21 performing service in an assignment designated under sub22 section (a) to enter into a written agreement with the Sec23 retary in order to qualify for the payment of incentive pay

24 on a lump sum or installment basis under this section. The

25 written agreement shall specify the period for which the in26 centive pay will be paid to the member and, subject to sub-
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1 section (c), the amount of the lump sum, or each install2 ment, of the incentive pay.’’; and

3 (3) by striking subsection (c) and inserting the

4 following new subsection (c):

5 ‘‘(c) MAXIMUM RATE OR AMOUNT.—(1) The maximum

6 monthly rate of incentive pay payable to a member on a

7 monthly basis under this section is $1,500.

8 ‘‘(2) The amount of the lump sum payment of incen9 tive pay payable to a member on a lump sum basis under

10 this section may not exceed an amount equal to the product

11 of—

12 ‘‘(A) the maximum monthly rate authorized

13 under paragraph (1) at the time of the written agree14 ment of the member under subsection (b)(2); and

15 ‘‘(B) the number of months in the period for

16 which incentive pay will be paid pursuant to the

17 agreement.

18 ‘‘(3) The amount of each installment payment of in19 centive pay payable to a member on an installment basis

20 under this section shall be the amount equal to—

21 ‘‘(A) the product of (i) a monthly rate specified

22 in the written agreement of the member under sub23 section (b)(2) (which monthly rate may not exceed the

24 maximum monthly rate authorized under paragraph

25 (1) at the time of the written agreement), and (ii) the
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1 number of months in the period for which incentive

2 pay will be paid; divided by

3 ‘‘(B) the number of installments over such pe4 riod.

5 ‘‘(4) If a member extends an assignment specified in

6 an agreement with the Secretary under subsection (b), in7 centive pay for the period of the extension may be paid

8 under this section on a monthly basis, in a lump sum, or

9 in installments in accordance with this section.’’.

10 (b) REPAYMENT.—Such section is further amended—

11 (1) by redesignating subsections (d), (e), and (f)

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

13 (2) by inserting after subsection (c), as amended

14 by subsection (a)(3) of this section, the following new

15 subsection (d):

16 ‘‘(d) REPAYMENT OF INCENTIVE PAY.—(1)(A) A mem17 ber who, pursuant to an agreement under subsection (b)(2),

18 receives a lump sum or installment payment of incentive

19 pay under this section and who fails to complete the total

20 period of service or other conditions specified in the agree21 ment voluntarily or because of misconduct, shall refund to

22 the United States an amount equal to the percentage of in23 centive pay paid which is equal to the unexpired portion

24 of the service divided by the total period of service.
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1 ‘‘(B) The Secretary concerned may waive repayment

2 of an amount of incentive pay under subparagraph (A),

3 whether in whole or in part, if the Secretary determines

4 that conditions and circumstances warrant.

5 ‘‘(2) An obligation to repay the United States imposed

6 under paragraph (1) is for all purposes a debt owed to the

7 United States.

8 ‘‘(3) A discharge in bankruptcy under title 11 that is

9 entered less than 5 years after the termination of the agree10 ment does not discharge the member signing the agreement

11 from a debt arising under paragraph (1).’’.

12 SEC. 616. INCREASE IN AMOUNT OF SELECTIVE REENLIST13 MENT BONUS FOR CERTAIN SENIOR SUPER14 VISORY NUCLEAR QUALIFIED ENLISTED PER15 SONNEL.

16 (a) IN GENERAL.—Section 308 of title 37, United

17 States Code, is amended—

18 (1) by redesignating subsections (b) through (g)

19 as subsections (c) through (h), respectively; and

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

21 new subsection (b):

22 ‘‘(b)(1) An enlisted member of the naval service who—

23 ‘‘(A) has completed at least ten, but not more

24 than fourteen, years of active duty;
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1 ‘‘(B) is currently qualified for duty in connec2 tion with the supervision, operation, and mainte3 nance of naval nuclear propulsion plants;

4 ‘‘(C) is qualified in a military skill designated

5 as critical by the Secretary of Defense; and

6 ‘‘(D) reenlists or voluntarily extends the mem7 ber’s enlistment for a period of at least three years in

8 the regular component of the naval service,

9 may be paid a bonus as provided in paragraph (2).

10 ‘‘(2) The bonus to be paid a member under paragraph

11 (1) may not exceed the lesser of the following amounts:

12 ‘‘(A) The amount determined with respect to the

13 member in accordance with subsection (a)(2)(A).

14 ‘‘(B) $75,000.

15 ‘‘(3) Subsection (a)(3) applies to the computation

16 under paragraph (2)(A) of any bonus payable under this

17 subsection.

18 ‘‘(4) Subsection (a)(4) applies to the payment of any

19 bonus payable under this subsection.’’.

20 (b) EFFECTIVE DATE.—The amendments made by this

21 section shall take effect on October 1, 2005, and shall apply

22 with respect to reenlistments or voluntary extensions of en23 listments that occur on or after that date.
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1 SEC. 617. CONSOLIDATION AND MODIFICATION OF BO2 NUSES FOR AFFILIATION OR ENLISTMENT IN

3 THE SELECTED RESERVE.

4 (a) CONSOLIDATION AND MODIFICATION OF BO5 NUSES.—Section 308c of title 37, United States Code, is

6 amended to read as follows:

7 ‘‘§ 308c. Special pay: bonus for affiliation or enlist8 ment in the Selected Reserve

9 ‘‘(a) AFFILIATION BONUS AUTHORIZED.—Under regu10 lations prescribed by the Secretary of Defense, the Secretary

11 concerned may pay an affiliation bonus to an enlisted

12 member of an armed force who—

13 ‘‘(1) has completed fewer than 20 years of mili14 tary service; and

15 ‘‘(2) executes a written agreement to serve in the

16 Selected Reserve of the Ready Reserve of an armed

17 force for a period of not less than three years in a

18 skill, unit, or pay grade designated under subsection

19 (b) after being discharged or released from active duty

20 under honorable conditions.

21 ‘‘(b) DESIGNATION OF SKILLS, UNITS, AND PAY

22 GRADES.—The Secretary concerned shall designate the

23 skills, units, and pay grades for which an affiliation bonus

24 may be paid under subsection (a). Any skill, unit, or pay

25 grade so designated shall be a skill, unit, or pay grade for

26 which there is a critical need for personnel in the Selected
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1 Reserve of the Ready Reserve of an armed force, as deter2 mined by the Secretary concerned.

3 ‘‘(c) ACCESSION BONUS AUTHORIZED.—Under regula4 tions prescribed by the Secretary of Defense, the Secretary

5 concerned may pay an accession bonus to a person who—

6 ‘‘(1) has not previously served in the armed

7 forces; and

8 ‘‘(2) executes a written agreement to serve as an

9 enlisted member in the Selected Reserve of the Ready

10 Reserve of an armed force for a period of not less than

11 three years upon acceptance of the agreement by the

12 Secretary concerned.

13 ‘‘(d) LIMITATION ON AMOUNT OF BONUS.—The

14 amount of a bonus under subsection (a) or (c) may not ex15 ceed $10,000.

16 ‘‘(e) PAYMENT METHOD.—Upon acceptance of a writ17 ten agreement by the Secretary concerned, the total amount

18 of the bonus payable under the agreement becomes fixed. The

19 agreement shall specify whether the bonus shall be paid by

20 the Secretary concerned in a lump sum or in installments.

21 ‘‘(f) CONTINUED ENTITLEMENT TO BONUS PAY22 MENTS.—A member entitled to a bonus under this section

23 who is called or ordered to active duty shall be paid, during

24 that period of active duty, any amount of the bonus that
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1 becomes payable to the member during that period of active

2 duty.

3 ‘‘(g) REPAYMENT FOR FAILURE TO COMMENCE OR

4 COMPLETE OBLIGATED SERVICE.—(1) An individual who,

5 after being paid all or part of a bonus under an agreement

6 under subsection (a) or (c), does not commence to serve in

7 the Selected Reserve or does not satisfactorily participate

8 in the Selected Reserve for the total period of service speci9 fied in such agreement shall repay to the United States the

10 amount of such bonus so paid, except as otherwise pre11 scribed under paragraph (2).

12 ‘‘(2) The Secretary concerned shall prescribe in regula13 tions whether repayment of an amount otherwise required

14 under paragraph (1) shall be made in whole or in part,

15 the method for computing the amount of such repayment,

16 and any conditions under which an exception to required

17 repayment would apply.

18 ‘‘(3) An obligation to repay the United States imposed

19 under paragraph (1) is for all purposes a debt owed to the

20 United States. A discharge in bankruptcy under title 11

21 that is entered less than five years after the termination

22 of an agreement entered into under subsection (a) or (c)

23 does not discharge the individual signing the agreement

24 from a debt arising under such agreement or under para25 graph (1).
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1 ‘‘(h) TERMINATION OF BONUS AUTHORITY.—No bonus

2 may be paid under this section with respect to any agree3 ment entered into under subsection (a) or (c) after December

4 31, 2006.’’.

5 (b) REPEAL OF SUPERSEDED AFFILIATION BONUS AU6 THORITY.—Section 308e of such title is repealed.

7 (c) CLERICAL AMENDMENTS.—The table of sections at

8 the beginning of chapter 5 of such title is amended—

9 (1) by striking the item relating to section 308c

10 and inserting the following new item:

‘‘308c. Special pay: bonus for affiliation or enlistment in the Selected Reserve.’’;

11 and

12 (B) by striking the item relating to section 308e.

13 (d) EFFECTIVE DATE.—The amendments made by this

14 section shall take effect on October 1, 2005, and shall apply

15 with respect to agreements entered into under section 308c

16 of title 37, United States Code (as amended by subsection

17 (a)), on or after that date.

18 SEC. 618. EXPANSION AND ENHANCEMENT OF SPECIAL PAY

19 FOR ENLISTED MEMBERS OF THE SELECTED

20 RESERVE ASSIGNED TO CERTAIN HIGH PRI21 ORITY UNITS.

22 (a) ELIGIBILITY FOR PAY.—Subsection (a) of section

23 308d of title 37, United States Code, is amended by striking

24 ‘‘an enlisted member’’ and inserting ‘‘a member’’.
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1 (b) AMOUNT OF PAY.—Such subsection is further

2 amended by striking ‘‘$10’’ and inserting ‘‘$50’’.

3 (c) CONFORMING AND CLERICAL AMENDMENTS.—

4 (1) CONFORMING AMENDMENT.—The heading of

5 such section is amended to read as follows:

6 ‘‘§ 308d. Special pay: members of the Selected Reserve

7 assigned to certain high priority units’’.

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions at the beginning of chapter 5 of such title is

10 amended by striking the item relating to section 308d

11 and inserting the following new item:

‘‘308d. Special pay: members of the Selected Reserve assigned to certain high priority units.’’.

12 (d) EFFECTIVE DATE.—The amendments made by this

13 section shall take effect on October 1, 2005, and shall apply

14 to inactive-duty training performed on or after that date.

15 SEC. 619. RETENTION INCENTIVE AND ASSIGNMENT BONUS

16 FOR MEMBERS OF THE SELECTED RESERVE

17 QUALIFIED IN A CRITICAL MILITARY SKILL

18 OR WHO VOLUNTEER FOR ASSIGNMENT TO A

19 HIGH PRIORITY UNIT.

20 (a) BONUS AUTHORIZED.—

21 (1) IN GENERAL.—Chapter 5 of title 37, United

22 States Code, is amended by inserting after section

23 308j the following new section:
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1 ‘‘§ 308k. Special pay: retention incentive bonus for

2 members of the Selected Reserve qualified

3 in a critical military skill; assignment

4 bonus for members of the Selected Reserve

5 who volunteer for assignment to a high

6 priority unit

7 ‘‘(a) BONUSES AUTHORIZED.—(1) An eligible officer

8 or enlisted member of the armed forces may be paid a reten9 tion bonus as provided in this section if—

10 ‘‘(A) in the case of an officer or warrant officer,

11 the member executes a written agreement to remain

12 in the Selected Reserve for at least 2 years;

13 ‘‘(B) in the case of an enlisted member, the mem14 ber reenlists or voluntarily extends the member’s en15 listment in the Selected Reserve for a period of at

16 least 2 years; or

17 ‘‘(C) in the case of an enlisted member serving

18 on an indefinite reenlistment, the member executes a

19 written agreement to remain in the Selected Reserve

20 for at least 2 years.

21 ‘‘(2) An officer or enlisted member of the armed forces

22 may be paid an assignment bonus as provided in this sec23 tion if the member voluntarily agrees to an assignment to

24 a high priority unit of the Selected Reserve of the Ready

25 Reserve of an armed force for at least 2 years.
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1 ‘‘(b) MEMBERS ELIGIBLE FOR RETENTION BONUS.—

2 Subject to subsection (d), an officer or enlisted member is

3 eligible under subsection (a)(1) for a retention bonus under

4 this section if the member—

5 ‘‘(1) is qualified in a military skill or specialty

6 designated as critical for purposes of this section

7 under subsection (c); or

8 ‘‘(2) agrees to train or retrain in a military skill

9 or specialty so designated as critical.

10 ‘‘(c) DESIGNATION OF CRITICAL SKILLS OR SPECIAL11 TIES AND HIGH PRIORITY UNITS.—The Secretary con12 cerned shall—

13 ‘‘(1) designate the military skills and specialties

14 that shall be treated as critical military skills and

15 specialties for purposes of this section; and

16 ‘‘(2) designate the units that shall be treated as

17 high priority units for purposes of this section.

18 ‘‘(d) CERTAIN MEMBERS INELIGIBLE.—A bonus may

19 not be paid under subsection (a) to a member of the armed

20 forces who—

21 ‘‘(1) has completed more than 25 years of quali22 fying service under section 12732 of title 10; or

23 ‘‘(2) will complete the member’s twenty-fifth year

24 of qualifying service under section 12732 of title 10
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1 before the end of the period of service for which the

2 bonus is being offered.

3 ‘‘(e) MAXIMUM BONUS AMOUNT.—A member may

4 enter into an agreement under this section, or reenlist or

5 voluntarily extend the member’s enlistment, more than once

6 to receive a bonus under this section. However, a member

7 may not receive a total of more than $100,000 in payments

8 under this section.

9 ‘‘(f) PAYMENT METHODS.—(1) A bonus under sub10 section (a) may be paid in a single lump sum or in install11 ments.

12 ‘‘(2) In the case of a member who agrees to train or

13 retrain in a military skill or specialty designated as critical

14 under subsection (b)(2), no payment may be made until the

15 member successfully completes the training or retraining

16 and is qualified in such skill or specialty.

17 ‘‘(g) RELATIONSHIP TO OTHER INCENTIVES.—A bonus

18 paid to a member under subsection (a) is in addition to

19 any other pay and allowances to which the member is enti20 tled under any other provision of law.

21 ‘‘(h) REPAYMENT FOR FAILURE TO COMMENCE OR

22 COMPLETE OBLIGATED SERVICE.—(1) An individual who,

23 after receiving all or part of the bonus under an agreement,

24 or a reenlistment or voluntary extension of enlistment, re25 ferred to in subsection (a), does not commence to serve in
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1 the Selected Reserve, or does not satisfactorily participate

2 in the Selected Reserve for the total period of service speci3 fied in the agreement, or under such reenlistment or vol4 untary extension of enlistment, as applicable, shall repay

5 to the United States such bonus, except under conditions

6 established by the Secretary concerned.

7 ‘‘(2) The Secretary concerned shall establish, in accord8 ance with the regulations prescribed under subsection (i)—

9 ‘‘(A) whether repayment of a bonus under para10 graph (1) is required in whole or in part;

11 ‘‘(B) the method for computing the amount of

12 such repayment; and

13 ‘‘(C) the conditions under which an exception to

14 repayment otherwise required under that paragraph

15 would apply.

16 ‘‘(3) An obligation to repay the United States imposed

17 under paragraph (1) is for all purposes a debt owed to the

18 United States. A discharge in bankruptcy under title 11

19 that is entered less than 5 years after the termination of

20 an agreement under subsection (a), or a reenlistment or vol21 untary extension of enlistment under subsection (a), does

22 not discharge the individual signing the agreement, re23 enlisting, or voluntarily extending enlistment, as applica24 ble, from a debt arising under paragraph (1).
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1 ‘‘(i) REGULATIONSction shall be administered under

2 regulations prescribed by the Secretary of Defense.

3 ‘‘(j) TERMINATION OF AUTHORITY.—No bonus may be

4 paid under this section with respect to any agreement, reen5 listment, or voluntary extension of enlistment in the armed

6 forces entered into after December 31, 2006.’’.

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of chapter 5 of such title is

9 amended by inserting after the item relating to sec10 tion 308j the following new item:

‘‘308k. Special pay: retention incentive bonus for members of the Selected Reserve

qualified in a critical military skill; assignment bonus for members of the Selected Reserve who volunteer for assignment to a

high priority unit.’’.

11 (b) EFFECTIVE DATE.—The amendments made by this

12 section shall take effect on October 1, 2005.

13 SEC. 620. TERMINATION OF LIMITATION ON DURATION OF

14 PAYMENT OF IMMINENT DANGER SPECIAL

15 PAY DURING HOSPITALIZATION.

16 (a) TERMINATION OF LIMITATION.—Section 310(b) of

17 title 37, United States Code, is amended by striking ‘‘not

18 more than three additional months’’ and inserting ‘‘any

19 month, or any portion of a month,’’.

20 (b) EFFECTIVE DATE.—The amendment made by sub21 section (a) shall take effect on the date of the enactment

22 of this Act, and shall apply with respect to months begin23 ning on or after that date.
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1 SEC. 621. AUTHORITY FOR RETROACTIVE PAYMENT OF IM2 MINENT DANGER SPECIAL PAY.

3 Section 310 of title 37, United States Code, is

4 amended—

5 (1) by redesignating subsections (b), (c), and (d)

6 as subsections (c), (d), and (e), respectively; and

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

8 new subsection:

9 ‘‘(b) DATE OF COMMENCEMENT OF PAYMENT OF IMMI10 NENT DANGER PAY.—Payment of special pay under this

11 section to a member covered by subsection (a)(2)(D) may

12 be made from any date, as determined by the Secretary of

13 Defense, on or after which such member was assigned to

14 duty in a foreign area determined by the Secretary to be

15 covered by such subsection.’’.

16 SEC. 622. AUTHORITY TO PAY FOREIGN LANGUAGE PRO17 FICIENCY PAY TO MEMBERS ON ACTIVE DUTY

18 AS A BONUS.

19 (a) AUTHORITY TO PAY.—Section 316 of title 37,

20 United States Code, is amended—

21 (1) in subsection (a)—

22 (A) by inserting ‘‘OR BONUS’’ after ‘‘SPE23 CIAL PAY’’; and

24 (B) by inserting ‘‘or a bonus’’ after ‘‘month25 ly special pay’’;

26 (2) in subsection (d)—
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1 (A) by redesignating paragraph (2) as

2 paragraph (3); and

3 (B) by inserting after paragraph (1) the fol4 lowing new paragraph (2):

5 ‘‘(2) The amount of the bonus paid under subsection

6 (a) may not exceed $12,000 for the one-year period covered

7 by the certification of the member. The Secretary concerned

8 may pay the bonus in a single lump sum at the beginning

9 of the certification period or in installments during the cer10 tification period.’’; and

11 (3) in subsection (f)(1)(C), by inserting ‘‘or a

12 bonus’’ after ‘‘special pay’’.

13 (b) EFFECTIVE DATE.—The amendments made by this

14 section shall take effect on October 1, 2005.

15 SEC. 623. INCENTIVE BONUS FOR TRANSFER BETWEEN THE

16 ARMED FORCES.

17 (a) IN GENERAL.—Chapter 5 of title 37, United States

18 Code, is amended by adding at the end the following new

19 section:

20 ‘‘§ 327. Incentive bonus: transfer between armed forces

21 ‘‘(a) INCENTIVE BONUS AUTHORIZED.—A bonus under

22 this section may be paid to an eligible member of a regular

23 component or reserve component of an armed force who exe24 cutes a written agreement—
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1 ‘‘(1) to transfer from such regular component or

2 reserve component to a regular component or reserve

3 component of another armed force; and

4 ‘‘(2) to serve pursuant to such agreement for a

5 period of not less than three years in the component

6 to which transferred.

7 ‘‘(b) ELIGIBLE MEMBERS.—A member is eligible to

8 enter into an agreement under subsection (a) if, as of the

9 date of the agreement, the member—

10 ‘‘(1) has not failed to satisfactorily complete any

11 term of enlistment in the armed forces;

12 ‘‘(2) is eligible for reenlistment in the armed

13 forces or, in the case of an officer, is eligible to con14 tinue in service in a regular or reserve component of

15 the armed forces; and

16 ‘‘(3) has fulfilled such requirements for transfer

17 to the component of the armed force to which the

18 member will transfer as the Secretary having juris19 diction over such armed force shall establish.

20 ‘‘(c) LIMITATION.—A member may enter into an agree21 ment under subsection (a) to transfer to a regular compo22 nent or reserve component of another armed force only if

23 the Secretary having jurisdiction over such armed force de24 termines that there is shortage of trained and qualified per25 sonnel in such component.
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1 ‘‘(d) AMOUNT AND PAYMENT OF BONUS.—(1) A bonus

2 under this section may not exceed $2,500.

3 ‘‘(2) A bonus under this section shall be paid by the

4 Secretary having jurisdiction of the armed force to which

5 the member to be paid the bonus is transferring.

6 ‘‘(3) A bonus under this section shall, at the election

7 of the Secretary paying the bonus—

8 ‘‘(A) be disbursed to the member in one lump

9 sum when the transfer for which the bonus is paid is

10 approved by the chief personnel officer of the armed

11 force to which the member is transferring; or

12 ‘‘(B) be paid to the member in annual install13 ments in such amounts as may be determined by the

14 Secretary paying the bonus.

15 ‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOW16 ANCES.—A bonus paid to a member under this section is

17 in addition to any other pay and allowances to which the

18 member is entitled.

19 ‘‘(f) REPAYMENT OF BONUS.—(1) A member who is

20 paid a bonus under an agreement under this section and

21 who, voluntarily or because of misconduct, fails to serve for

22 the period covered by such agreement shall refund to the

23 United States an amount which bears the same ratio to the

24 amount of the bonus paid such member as the period which
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1 such member failed to serve bears to the total period for

2 which the bonus was paid.

3 ‘‘(2) An obligation to reimburse the United States im4 posed under paragraph (1) is for all purposes a debt owed

5 to the United States.

6 ‘‘(3) A discharge in bankruptcy under title 11 that is

7 entered less than 5 years after the termination of an agree8 ment under this section does not discharge the person sign9 ing such agreement from a debt arising under paragraph

10 (1).

11 ‘‘(g) REGULATIONS.—The Secretaries concerned shall

12 prescribe regulations to carry out this section. Regulations

13 prescribed by the Secretary of a military department under

14 this subsection shall be subject to the approval of the Sec15 retary of Defense.

16 ‘‘(h) TERMINATION OF AUTHORITY.—No agreement

17 under this section may be entered into after December 31,

18 2006.’’.

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

20 the beginning of chapter 5 of such title is amended by add21 ing at the end the following new item:

‘‘327. Incentive bonus: transfer between armed forces.’’.
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1 SEC. 624. ELIGIBILITY OF ORAL AND MAXILLOFACIAL SUR2 GEONS FOR INCENTIVE SPECIAL PAY FOR

3 MEDICAL OFFICERS OF THE ARMED FORCES.

4 (a) IN GENERAL.—For purposes of eligibility for in5 centive special pay payable under section 302(b) of title 37,

6 United States Code, oral and maxillofacial surgeons shall

7 be treated as medical officers of the Armed Forces who may

8 be paid variable special pay under section 302(a)(2) of such

9 title.

10 (b) EFFECTIVE DATE.—Subsection (a) shall take effect

11 on October 1, 2005, and shall apply with respect to incen12 tive special pay payable under section 302(b) of title 37,

13 United States Code, on or after that date.

14 Subtitle C—Travel and

15 Transportation Allowances

16 SEC. 631. TRANSPORTATION OF FAMILY MEMBERS IN CON17 NECTION WITH THE REPATRIATION OF

18 SERVICEMEMBERS OR CIVILIAN EMPLOYEES

19 HELD CAPTIVE.

20 (a) MILITARY CAPTIVES.—(1) Chapter 7 of title 37,

21 United States Code, is amended by inserting after section

22 411i the following new section:
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1 ‘‘§ 411j. Travel and transportation allowances: trans2 portation of family members incident to

3 the repatriation of members held captive

4 ‘‘(a) ALLOWANCE FOR FAMILY MEMBERS AND CER5 TAIN OTHERS.—(1) Under uniform regulations prescribed

6 by the Secretaries concerned, travel and transportation de7 scribed in subsection (d) may be provided for not more than

8 3 family members of a member described in subsection (b).

9 ‘‘(2) In addition to the family members authorized to

10 be provided travel and transportation under paragraph (1),

11 the Secretary concerned may provide travel and transpor12 tation described in subsection (d) to an attendant to accom13 pany a family member described in that paragraph if the

14 Secretary determines that—

15 ‘‘(A) the family member to be accompanied is

16 unable to travel unattended because of age, physical

17 condition, or other reason determined by the Sec18 retary; and

19 ‘‘(B) no other family member who is eligible for

20 travel and transportation under paragraph (1) is able

21 to serve as an attendant for the family member.

22 ‘‘(3) If no family member of a member described in

23 subsection (b) is able to travel to the repatriation site of

24 the member, travel and transportation described in sub25 section (d) may be provided to not more than 2 persons

26 related to and selected by the member.
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1 ‘‘(b) COVERED MEMBERS.—A member described in

2 this subsection is a member of the uniformed services who—

3 ‘‘(1) is serving on active duty;

4 ‘‘(2) was held captive, as determined by the Sec5 retary concerned; and

6 ‘‘(3) is repatriated to a site inside or outside the

7 United States.

8 ‘‘(c) ELIGIBLE FAMILY MEMBERS.—In this section, the

9 term ‘family member’ has the meaning given the term in

10 section 411h(b) of this title.

11 ‘‘(d) TRAVEL AND TRANSPORTATION AUTHORIZED.—

12 (1) The transportation authorized by subsection (a) is

13 round-trip transportation between the home of the family

14 member (or home of the attendant or person provided trans15 portation under paragraph (2) or (3) of subsection (a), as

16 the case may be) and the location of the repatriation site

17 at which the member is located.

18 ‘‘(2) In addition to the transportation authorized by

19 subsection (a), the Secretary concerned may provide a per

20 diem allowance or reimbursement for the actual and nec21 essary expenses of the travel, or a combination thereof, but

22 not to exceed the rates established for such allowances and

23 expenses under section 404(d) of this title.
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1 ‘‘(3) The transportation authorized by subsection (a)

2 may be provided by any of the means described in section

3 411h(d)(1) of this title.

4 ‘‘(4) An allowance under this subsection may be paid

5 in advance.

6 ‘‘(5) Reimbursement payable under this subsection

7 may not exceed the cost of government-procured round-trip

8 air travel.’’.

9 (2) The table of sections at the beginning of chapter

10 7 of such title is amended by inserting after the item relat11 ing to section 411i the following new item:

‘‘411j. Travel and transportation allowances: transportation of family members

incident to the repatriation of members held captive.’’.

12 (b) CIVILIAN CAPTIVES.—(1) Chapter 57 of title 5,

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

14 following new section:

15 ‘‘§ 5760. Travel and transportation allowances: trans16 portation of family members incident to

17 the repatriation of employees held captive

18 ‘‘(a) ALLOWANCE FOR FAMILY MEMBERS AND CER19 TAIN OTHERS.—(1) Under uniform regulations prescribed

20 by the heads of agencies, travel and transportation described

21 in subsection (d) may be provided for not more than 3 fam22 ily members of an employee described in subsection (b).

23 ‘‘(2) In addition to the family members authorized to

24 be provided travel and transportation under paragraph (1),
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1 the head of an agency may provide travel and transpor2 tation described in subsection (d) to an attendant to accom3 pany a family member described in subsection (b) if the

4 head of an agency determines—

5 ‘‘(A) the family member to be accompanied is

6 unable to travel unattended because of age, physical

7 condition, or other reason determined by the head of

8 the agency; and

9 ‘‘(B) no other family member who is eligible for

10 travel and transportation under subsection (a) is able

11 to serve as an attendant for the family member.

12 ‘‘(3) If no family member of an employee described in

13 subsection (b) is able to travel to the repatriation site of

14 the employee, travel and transportation described in sub15 section (d) may be provided to not more than 2 persons

16 related to and selected by the employee.

17 ‘‘(b) COVERED EMPLOYEES.—An employee described

18 in this subsection is an employee (as defined in section 2105

19 of this title) who—

20 ‘‘(1) was held captive, as determined by the head

21 of an agency concerned; and

22 ‘‘(2) is repatriated to a site inside or outside the

23 United States.
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1 ‘‘(c) ELIGIBLE FAMILY MEMBERS.—In this section, the

2 term ‘family member’ has the meaning given the term in

3 section 411h(b) of title 37.

4 ‘‘(d) TRAVEL AND TRANSPORTATION AUTHORIZED.—

5 (1) The transportation authorized by subsection (a) is

6 round-trip transportation between the home of the family

7 member (or home of the attendant or person provided trans8 portation under paragraph (2) or (3) of subsection (a), as

9 the case may be) and the location of the repatriation site

10 at which the employee is located.

11 ‘‘(2) In addition to the transportation authorized by

12 subsection (a), the head of an agency may provide a per

13 diem allowance or reimbursement for the actual and nec14 essary expenses of the travel, or a combination thereof, but

15 not to exceed the rates established for such allowances and

16 expenses under section 404(d) of title 37.

17 ‘‘(3) The transportation authorized by subsection (a)

18 may be provided by any of the means described in section

19 411h(d)(1) of title 37.

20 ‘‘(4) An allowance under this subsection may be paid

21 in advance.

22 ‘‘(5) Reimbursement payable under this subsection

23 may not exceed the cost of government-procured round-trip

24 air travel.’’.
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1 (2) The table of sections at the beginning of chapter

2 57 of such title is amended by adding at the end the fol3 lowing new item:

‘‘5760. Travel and transportation allowances: transportation of family members

incident to the repatriation of employees held captive.’’.

4 (a) AUTHORITY TO CONTINUE ALLOWANCE.—Effective

5 as of September 30, 2005, section 1026 of division A of the

6 Emergency Supplemental Appropriations Act for Defense,

7 the Global War on Terror, and Tsunami Relief, 2005 (Pub8 lic Law 109–13), is amended by striking subsections (d)

9 and (e).

10 (b) CODIFICATION OF REPORTING REQUIREMENT.—

11 Section 411h of title 37, United States Code, is amended

12 by adding at the end the following new subsection:

13 ‘‘(e) If the amount of travel and transportation allow14 ances provided in a fiscal year under clause (ii) of sub15 section (a)(2)(B) exceeds $20,000,000, the Secretary of De16 fense shall submit to Congress a report specifying the total

17 amount of travel and transportation allowances provided

18 under such clause in such fiscal year.’’.

19 (c) CONFORMING AMENDMENT.—Subsection

20 (a)(2)(B)(ii) of such section, as added by section 1026 of

21 division A of the Emergency Supplemental Appropriations

22 Act for Defense, the Global War on Terror, and Tsunami

23 Relief, 2005 (Public Law 109–13), is amended by striking

24 ‘‘under section 1967(c)(1)(A) of title 38’’.
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1 (d) FUNDING.—Funding shall be provided out of exist2 ing funds.

3 Subtitle D—Retired Pay and

4 Survivor Benefits

5 SEC. 641. ENHANCEMENT OF DEATH GRATUITY AND EN6 HANCEMENT OF LIFE INSURANCE BENEFITS

7 FOR CERTAIN COMBAT RELATED DEATHS.

8 (a) INCREASED AMOUNT OF DEATH GRATUITY.—

9 (1) INCREASED AMOUNT.—Section 1478(a) of

10 title 10, United States Code, is amended by striking

11 ‘‘$12,000’’ and inserting ‘‘$100,000’’.

12 (2) EFFECTIVE DATE.—The amendment made by

13 this subsection shall take effect on October 7, 2001,

14 and shall apply with respect to deaths occurring on

15 or after that date.

16 (3) COORDINATION WITH OTHER ENHANCE17 MENTS.—If the date of the enactment of this Act oc18 curs before October 1, 2005—

19 (A) effective as of such date of enactment,

20 the amendments made to section 1478 of title 10,

21 United States Code, by the Emergency Supple22 mental Appropriations Act for Defense, the Glob23 al War on Terror, and Tsunami Relief, 2005

24 (Public Law 109–13) are repealed; and
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1 (B) effective immediately before the execu2 tion of the amendment made by paragraph (1),

3 the provisions of section 1478 of title 10, United

4 States Code, as in effect on the date before the

5 date of the enactment of the Act referred to in

6 subparagraph (A), shall be revived.

7 (b) SERVICEMEMBERS’ GROUP LIFE INSURANCE EN8 HANCEMENTS.—

9 (1) INCREASED MAXIMUM AMOUNT OF SGLI.—

10 Section 1967 of title 38, United States Code, is

11 amended—

12 (A) in subsection (a)(3)(A), by striking

13 clause (i) and inserting the following new clause:

14 ‘‘(i) In the case of a member—

15 ‘‘(I) $400,000 or such lesser amount as the

16 member may elect as provided in subparagraph

17 (B);

18 ‘‘(II) in the case of a member covered by

19 subsection (e), the amount provided for or elected

20 by the member under subclause (I) plus the addi21 tional amount of insurance provided for the

22 member by subsection (e); or

23 ‘‘(III) in the case of a member covered by

24 subsection (e) who has made an election under

25 paragraph (2)(A) not to be insured under this
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1 subchapter, the amount of insurance provided for

2 the member by subsection (e).’’; and

3 (B) in subsection (d), by striking

4 ‘‘$250,000’’ and inserting ‘‘$400,000’’.

5 (2) INCREMENTS OF DECREASED AMOUNTS

6 ELECTABLE BY MEMBERS.—Subsection (a)(3)(B) of

7 such section is amended by striking ‘‘member or

8 spouse’’ in the last sentence and inserting ‘‘member,

9 be evenly divisible by $50,000 and, in the case of a

10 member’s spouse’’.

11 (3) ADDITIONAL AMOUNT FOR MEMBERS SERVING

12 IN CERTAIN AREAS OR OPERATIONS.—

13 (A) INCREASED AMOUNT.—Section 1967 of

14 such title is further amended—

15 (i) by redesignating subsection (e) as

16 subsection (f); and

17 (ii) by inserting after subsection (d)

18 the following new subsection (e):

19 ‘‘(e)(1) A member covered by this subsection is any

20 member as follows:

21 ‘‘(A) Any member who dies as a result of one or

22 more wounds, injuries, or illnesses incurred while

23 serving in an operation or area that the Secretary of

24 Defense designates, in writing, as a combat operation
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1 or a zone of combat, respectively, for purposes of this

2 subsection.

3 ‘‘(B) Any member who formerly served in an op4 eration or area so designated and whose death is de5 termined (under regulations prescribed by the Sec6 retary of Defense) to be the direct result of injury or

7 illness incurred or aggravated while so serving.

8 ‘‘(2) The additional amount of insurance under this

9 subchapter that is provided for a member by this subsection

10 is $150,000, except that in a case in which the amount pro11 vided for or elected by the member under subsection

12 (a)(3)(A)(i)(I) exceeds $250,000, the additional amount of

13 insurance under this subchapter that is provided for the

14 member by this subsection shall be reduced to such amount

15 as is necessary to comply with the limitation in paragraph

16 (3).

17 ‘‘(3) The total amount of insurance payable for a mem18 ber under this subchapter may not exceed $400,000.

19 ‘‘(4) While a member is serving in an operation or

20 area designated as described in paragraph (1), the cost of

21 insurance of the member under this subchapter that is at22 tributable to $150,000 of insurance coverage shall, at the

23 election of the Secretary concerned—
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1 ‘‘(A) be contributed as provided in section

2 1969(b)(2) of this title, rather through deduction or

3 withholding from the member’s pay; or

4 ‘‘(B) if deducted or withheld from the member’s

5 pay, be reimbursed to the member through such mech6 anism as the Secretary concerned determines appro7 priate.’’.

8 (B) FUNDING.—Section 1969(b) of such title

9 is amended—

10 (i) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

11 (ii) by adding at the end the following

12 new paragraph:

13 ‘‘(2) For each month for which a member insured

14 under this subchapter is serving in an operation or area

15 designated as described by paragraph (1)(A) of section

16 1967(e) of this title, there may, at the election of the Sec17 retary concerned under paragraph (4)(A) of such section,

18 be contributed from the appropriation made for active duty

19 pay of the uniformed service concerned an amount deter20 mined by the Secretary and certified to the Secretary con21 cerned to be the cost of Servicemembers’ Group Life Insur22 ance which is traceable to the cost of providing insurance

23 for the member under section 1967 of this title in the

24 amount of $150,000.’’.
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1 (4) CONFORMING AMENDMENT.—Section

2 1967(a)(2)(A) of such title is amended by inserting

3 before the period at the end the following: ‘‘, except

4 with respect to insurance provided under paragraph

5 (3)(A)(i)(III)’’.

6 (5) COORDINATION WITH VGLI.—Section 1977(a)

7 of such title is amended—

8 (A) by striking ‘‘$250,000’’ each place it

9 appears and inserting ‘‘$400,000’’; and

10 (B) by adding at the end of paragraph (1)

11 the following new sentence: ‘‘Any additional

12 amount of insurance provided a member under

13 section 1967(e) of this title may not be treated

14 as an amount for which Veterans’ Group Life

15 Insurance shall be issued under this section.’’.

16 (6) REQUIREMENTS REGARDING ELECTIONS OF

17 MEMBERS TO REDUCE OR DECLINE INSURANCE.—Sec18 tion 1967(a) of such title is further amended—

19 (A) in paragraph (2), by adding at the end

20 the following new subparagraph:

21 ‘‘(C) Pursuant to regulations prescribed by the Sec22 retary of Defense, notice of an election of a member with

23 a spouse not to be insured under this subchapter, or to be

24 insured under this subchapter in an amount less than the
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1 maximum amount provided under paragraph (3)(A)(i)(I),

2 shall be provided to the spouse of the member.’’; and

3 (B) in paragraph (3), by adding at the end

4 the following new subparagraph:

5 ‘‘(D) Whenever a member who is not married elects

6 not to be insured under this subchapter, or to be insured

7 under this subchapter in an amount less than the maximum

8 amount provided for under subparagraph (A)(i)(I), the Sec9 retary concerned shall provide a notice of such election to

10 any person designated by the member as a beneficiary or

11 designated as the member’s next-of-kin for the purpose of

12 emergency notification, as determined under regulations

13 prescribed by the Secretary of Defense.’’.

14 (7) REQUIREMENT REGARDING REDESIGNATION

15 OF BENEFICIARIES.—Section 1970 of such title is

16 amended by adding at the end the following new sub17 section:

18 ‘‘(j) A member with a spouse may not modify the bene19 ficiary or beneficiaries designated by the member under

20 subsection (a) without providing written notice of such

21 modification to the spouse.’’.

22 (8) EFFECTIVE DATE.—This subsection and the

23 amendments made by this subsection shall take effect

24 on October 1, 2005, immediately after the termination

25 of the amendments made to sections 1967, 1969, 1970,
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1 and 1977 of title 38, United States Code, by the

2 Emergency Supplemental Appropriations Act for De3 fense, the Global War on Terror, and Tsunami Relief,

4 2005 (Public Law 109–13).

5 SEC. 642. IMPROVEMENT OF MANAGEMENT OF ARMED

6 FORCES RETIREMENT HOME.

7 (a) REDESIGNATION OF CHIEF OPERATING OFFICER

8 AS CHIEF EXECUTIVE OFFICER.—

9 (1) IN GENERAL.—Section 1515 of the Armed

10 Forces Retirement Home Act of 1991 (24 U.S.C. 415)

11 is amended—

12 (A) by striking ‘‘Chief Operating Officer’’

13 each place it appears and inserting ‘‘Chief Exec14 utive Officer’’; and

15 (B) in subsection (e)(1), by striking ‘‘Chief

16 Operating Officer’s’’ and inserting ‘‘Chief Execu17 tive Officer’s’’.

18 (2) CONFORMING AMENDMENTS.—Such Act is

19 further amended by striking ‘‘Chief Operating Offi20 cer’’ each place it appears in a provision as follows

21 and inserting ‘‘Chief Executive Officer’’:

22 (A) In section 1511 (24 U.S.C. 411).

23 (B) In section 1512 (24 U.S.C. 412).

24 (C) In section 1513(a) (24 U.S.C. 413(a)).
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1 (D) In section 1514(c)(1) (24 U.S.C.

2 414(c)(1)).

3 (E) In section 1516(b) (24 U.S.C. 416(b)).

4 (F) In section 1517 (24 U.S.C. 417).

5 (G) In section 1518(c) (24 U.S.C. 418(c)).

6 (H) In section 1519(c) (24 U.S.C. 419(c)).

7 (I) In section 1521(a) (24 U.S.C. 421(a)).

8 (J) In section 1522 (24 U.S.C. 422).

9 (K) In section 1523(b) (24 U.S.C. 423(b)).

10 (L) In section 1531 (24 U.S.C. 431).

11 (3) CLERICAL AMENDMENTS.—(A) The heading

12 of section 1515 of such Act is amended to read as fol13 lows:

14 ‘‘SEC. 1515. CHIEF EXECUTIVE OFFICER.’’.

15 (B) The table of contents for such Act is amended

16 by striking the item relating to section 1515 and in17 serting the following new item:

‘‘Sec. 1515 Chief Executive Officer.’’.

18 (4) REFERENCES.—Any reference in any law,

19 regulation, document, record, or other paper of the

20 United States to the Chief Operating Officer of the

21 Armed Forces Retirement Home shall be considered to

22 be a reference to the Chief Executive Officer of the

23 Armed Forces Retirement Home.
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1 (b) PHYSICIANS AND DENTISTS FOR EACH RETIRE2 MENT HOME FACILITY.—Section 1513 of such Act (24

3 U.S.C. 413) is amended—

4 (1) in subsection (a), by striking ‘‘subsection (b)’’

5 and inserting ‘‘subsections (b), (c), and (d)’’; and

6 (2) by adding at the end the following new sub7 section:

8 ‘‘(c) PHYSICIANS AND DENTISTS FOR EACH RETIRE9 MENT HOME FACILITY.—(1) In providing for the health

10 care needs of residents under subsection (c), the Retirement

11 Home shall have in attendance at each facility of the Retire12 ment Home, during the daily business hours of such facil13 ity, a physician and a dentist, each of whom shall have

14 skills and experience suited to residents of such facility.

15 ‘‘(2) In providing for the health care needs of residents,

16 the Retirement shall also have available to residents of each

17 facility of the Retirement Home, on an on-call basis during

18 hours other than the daily business hours of such facility,

19 a physician and a dentist each of whom have skills and

20 experience suited to residents of such facility.

21 ‘‘(3) In this subsection, the term ‘daily business hours’

22 means the hours between 9 o’clock ante meridian and 5

23 o’clock post meridian, local time, on each of Monday

24 through Friday.’’.
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1 (c) TRANSPORTATION TO MEDICAL CARE OUTSIDE RE2 TIREMENT HOME FACILITIES.—Section 1513 of such Act

3 is further amended—

4 (1) in the third sentence of subsection (b), by in5 serting ‘‘, except as provided in subsection (d),’’ after

6 ‘‘shall not’’; and

7 (2) by adding at the end the following new sub8 section:

9 ‘‘(d) TRANSPORTATION TO MEDICAL CARE OUTSIDE

10 RETIREMENT HOME FACILITIES.—The Retirement Home

11 shall provide to any resident of a facility of the Retirement

12 Home, upon request of such resident, transportation to any

13 medical facility located not more than 30 miles from such

14 facility for the provision of medical care to such resident.

15 The Retirement Home may not collect a fee from a resident

16 for transportation provided under this subsection.’’.

17 (d) MILITARY DIRECTOR FOR EACH RETIREMENT

18 HOME.—Section 1517(b)(1) of such Act (24 U.S.C.

19 417(b)(1)) is amended by striking ‘‘a civilian with experi20 ence as a continuing care retirement community profes21 sional or’’.
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1 SEC. 643. REPEAL OF REQUIREMENT OF REDUCTION OF

2 SBP SURVIVOR ANNUITIES BY DEPENDENCY

3 AND INDEMNITY COMPENSATION.

4 (a) REPEAL.—Subchapter II of chapter 73 of title 10,

5 United States Code is amended—

6 (1) in section 1450(c)(1), by inserting after ‘‘to

7 whom section 1448 of this title applies’’ the following:

8 ‘‘(except in the case of a death as described in sub9 section (d) or (f) of such section)’’; and

10 (2) in section 1451(c)—

11 (A) by striking paragraph (2); and

12 (B) by redesignating paragraphs (3) and

13 (4) as paragraphs (2) and (3), respectively.

14 (b) PROHIBITION ON RETROACTIVE BENEFITS.—No

15 benefits may be paid to any person for any period before

16 the effective date provided under subsection (e) by reason

17 of the amendments made by subsection (a).

18 (c) PROHIBITION ON RECOUPMENT OF CERTAIN

19 AMOUNTS PREVIOUSLY REFUNDED TO SBP RECIPIENTS.—

20 A surviving spouse who is or has been in receipt of an an21 nuity under the Survivor Benefit Plan under subchapter

22 II of chapter 73 of title 10, United States Code, that is in

23 effect before the effective date provided under subsection (e)

24 and that is adjusted by reason of the amendments made

25 by subsection (a) and who has received a refund of retired

26 pay under section 1450(e) of title 10, United States Code,
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1 shall not be required to repay such refund to the United

2 States.

3 (d) RECONSIDERATION OF OPTIONAL ANNUITY.—Sec4 tion 1448(d)(2) of title 10, United States Code, is amended

5 by adding at the end the following new sentences: ‘‘The sur6 viving spouse, however, may elect to terminate an annuity

7 under this subparagraph in accordance with regulations

8 prescribed by the Secretary concerned. Upon such an elec9 tion, payment of an annuity to dependent children under

10 this subparagraph shall terminate effective on the first day

11 of the first month that begins after the date on which the

12 Secretary concerned receives notice of the election, and, be13 ginning on that day, an annuity shall be paid to the sur14 viving spouse under paragraph (1) instead.’’.

15 (e) EFFECTIVE DATE.—The amendments made by this

16 section shall take effect on the later of—

17 (1) the first day of the first month that begins

18 after the date of the enactment of this Act; or

19 (2) the first day of the fiscal year that begins in

20 the calendar year in which this Act is enacted.

21 SEC. 644. EFFECTIVE DATE FOR PAID-UP COVERAGE UNDER

22 SURVIVOR BENEFIT PLAN.

23 Section 1452(j) of title 10, United States Code, is

24 amended by striking ‘‘October 1, 2008’’ and inserting ‘‘Oc25 tober 1, 2005’’.
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1 SEC. 645. INCLUSION OF VETERANS WITH SERVICE-CON2 NECTED DISABILITIES RATED AS TOTAL BY

3 REASON OF UNEMPLOYABILITY UNDER TER4 MINATION OF PHASE-IN OF CONCURRENT RE5 CEIPT OF RETIRED PAY AND VETERANS’ DIS6 ABILITY COMPENSATION.

7 (a) INCLUSION OF VETERANS.—Section 1414(a)(1) of

8 title 10, United States Code, is amended by inserting ‘‘or

9 a qualified retiree receiving veterans’ disability compensa10 tion for a disability rated as total (within the meaning of

11 subsection (e)(3)(B))’’ after ‘‘rated as 100 percent’’.

12 (b) EFFECTIVE DATE.—The amendment made by sub13 section (a) shall take effect on December 31, 2004.

14 (c) ADDITIONAL DEATH GRATUITY.—In the case of an

15 active duty member of the armed forces who died between

16 October 7, 2001, and May 11, 2005, and was not eligible

17 for an additional death gratuity under section

18 1478(e)(3)(A) of title 10, United States Code (as added by

19 section 1013(b) of Public Law 109–13), the eligible sur20 vivors of such decedent shall receive, in addition to the death

21 gratuity available to such survivors under section 1478(a)

22 of such title, an additional death gratuity of $150,000

23 under the same conditions as provided under section

24 1478(e)(4) of such title.
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1 Subtitle E—Other Matters

2 SEC. 651. PAYMENT OF EXPENSES OF MEMBERS OF THE

3 ARMED FORCES TO OBTAIN PROFESSIONAL

4 CREDENTIALS.

5 (a) PAYMENT AUTHORIZED.—Chapter 101 of title 10,

6 United States Code, is amended by inserting after section

7 2007 the following new section:

8 ‘‘§ 2007a. Payment of expenses of members of the

9 armed forces to obtain professional cre10 dentials

11 ‘‘(a) PAYMENT AUTHORIZED.—Except as provided in

12 subsection (b), the Secretary of Defense may pay for—

13 ‘‘(1) expenses of members of the armed forces to

14 obtain professional credentials, including expenses of

15 professional accreditation, State-imposed and profes16 sional licenses, and professional certification; and

17 ‘‘(2) examinations to obtain such credentials.

18 ‘‘(b) EXCEPTION.—The authority in subsection (a)

19 may not be exercised on behalf of any member of the armed

20 forces for expenses to obtain the basic qualifications for

21 membership in a profession or officer community.

22 ‘‘(c) FUNDS AVAILABLE.—Funds appropriated or oth23 erwise made available to the Secretary of Defense may be

24 used to pay expenses under subsection (a).’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of such chapter is amended by adding at the

3 end the following new item:

‘‘2007a. Payment of expenses of members of the armed forces to obtain professional

credentials.’’.

4 SEC. 652. PILOT PROGRAM ON CONTRIBUTIONS TO THRIFT

5 SAVINGS PLAN FOR INITIAL ENLISTEES IN

6 THE ARMED FORCES.

7 (a) PILOT PROGRAM REQUIRED.—During fiscal year

8 2006, the Secretary of the Army shall carry out within the

9 Army a pilot program in order to assess the extent to which

10 contributions by the military departments to the Thrift

11 Savings Fund on behalf of members of the Armed Forces

12 described in subsection (b) would—

13 (1) assist the Armed Forces in recruiting efforts;

14 and

15 (2) assist such members in establishing habits of

16 financial responsibility during their initial enlist17 ments in the Armed Forces.

18 (b) COVERED MEMBERS.—A member of the Armed

19 Forces described in this subsection is a member of the

20 Armed Forces who is serving in the Armed Forces under

21 an initial enlistment for a period of not less than two years.

22 (c) CONTRIBUTIONS TO THRIFT SAVINGS FUND.—

23 (1) IN GENERAL.—The Secretary of the Army

24 may make contributions to the Thrift Savings Fund
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1 on behalf of any participant in the pilot program

2 under subsection (a) for any pay period during the

3 period of the pilot program.

4 (2) LIMITATIONS.—The amount of any contribu5 tions made with respect to a member under para6 graph (1) shall be subject to the provisions of section

7 8432(c) of title 5, United States Code.

8 (d) REPORT.—

9 (1) IN GENERAL.—Not later than February 1,

10 2007, the Secretary of Defense shall submit to the con11 gressional defense committees a report on the pilot

12 program under subsection (a).

13 (2) ELEMENTS.—The report shall include the fol14 lowing:

15 (A) A description of the pilot program, in16 cluding the number of members of the Army who

17 participated in the pilot program and the con18 tributions made by the Army to the Thrift Sav19 ings Fund on behalf of such members during the

20 period of the pilot program.

21 (B) An assessment, based on the pilot pro22 gram and taking into account the views of offi23 cers and senior enlisted personnel of the Army,

24 and of field recruiters, of the extent to which con25 tributions by the military departments to the
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1 Thrift Savings Fund on behalf of members of the

2 Armed Forces similar to the participants in the

3 pilot program—

4 (i) would enhance the recruiting efforts

5 of the Armed Forces; and

6 (ii) would assist such members in es7 tablishing habits of financial responsibility

8 during their initial enlistments in the

9 Armed Forces.

10 SEC. 653. EXTENSION OF EFFECTIVE DATE.

11 Section 6 of the Higher Education Relief Opportuni12 ties for Students Act of 2003 (20 U.S.C. 1070 note) is

13 amended by striking ‘‘September 30, 2005’’ and inserting

14 ‘‘September 30 2007’’.

15 SEC. 654. OUTREACH TO MEMBERS OF THE ARMED FORCES

16 AND THEIR DEPENDENTS ON THE

17 SERVICEMEMBERS CIVIL RELIEF ACT.

18 (a) OUTREACH TO MEMBERS OF THE ARMED

19 FORCES.—

20 (1) IN GENERAL.—The Secretary concerned shall

21 provide to each member of the Armed Forces under

22 the jurisdiction of the Secretary pertinent informa23 tion on the rights and protections available to

24 servicemembers and their dependents under the
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1 Servicemembers Civil Relief Act (50 U.S.C. App. 501

2 et seq.).

3 (2) TIME OF PROVISION.—Information shall be

4 provided to a member of the Armed Forces under

5 paragraph (1) at times as follows:

6 (A) During initial orientation training.

7 (B) In the case of a member of a reserve

8 component of the Armed Forces, during initial

9 orientation training and when the member is

10 mobilized or otherwise individually called or or11 dered to active duty for a period of more than

12 one year.

13 (C) At such other times as the Secretary

14 concerned considers appropriate.

15 (b) OUTREACH TO DEPENDENTS.—The Secretary con16 cerned may provide to the adult dependents of members of

17 the Armed Forces under the jurisdiction of the Secretary

18 pertinent information on the rights and protections avail19 able to servicemembers and their dependents under the

20 Servicemembers Civil Relief Act.

21 (c) DEFINITIONS.—In this section, the terms ‘‘depend22 ent’’ and ‘‘Secretary concerned’’ have the meanings given

23 such terms in section 101 of the Servicemembers Civil Relief

24 Act (50 U.S.C. App. 511).
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1 Subtitle F—Enhancement of Au2 thorities for Recruitment and

3 Retention

4 SEC. 671. INCREASE IN MAXIMUM RATE OF ASSIGNMENT IN5 CENTIVE PAY.

6 (a) INCREASE IN MAXIMUM RATE.—Section 307a(c) of

7 title 37, United States Code, is amended by striking

8 ‘‘$1,500’’ and inserting ‘‘$3,000’’.

9 (b) EFFECTIVE DATE.—The amendment made by sub10 section (a) shall take effect on the date of the enactment

11 of this Act, and shall apply with respect to months begin12 ning on or after that date.

13 SEC. 672. TEMPORARY INCREASE IN BASIC ALLOWANCE FOR

14 HOUSING IN AREAS SUBJECT TO DECLARA15 TION OF A MAJOR DISASTER.

16 (a) TEMPORARY INCREASE AUTHORIZED.—Section

17 403(b) of title 37, United States Code, is amended—

18 (1) by redesignating paragraphs (6) and (7) as

19 paragraphs (7) and (8), respectively; and

20 (2) by inserting after paragraph (4) the fol21 lowing new paragraph (5):

22 ‘‘(5)(A) The Secretary of Defense may prescribe a tem23 porary increase in rates of basic allowance for housing in

24 a military housing area located in an area for which a

25 major disaster has been declared in accordance with section
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1 401 of the Robert T. Stafford Disaster Relief and Emer2 gency Assistance Act (42 U.S.C. 5170).

3 ‘‘(B) The amount of the increase under this paragraph

4 in rates of basic allowance for housing in an area by reason

5 of a disaster shall be based on a determination by the Sec6 retary of the amount by which the costs of adequate housing

7 for civilians have increased in the area by reason of the

8 disaster.

9 ‘‘(C) The amount of any increase under this para10 graph in a rate of basic allowance for housing may not

11 exceed the amount equal to 20 percent of such rate of basic

12 allowance for housing.

13 ‘‘(D) A member may be paid a basic allowance for

14 housing at a rate increased under this paragraph by reason

15 of a disaster only if the member certifies to the Secretary

16 concerned that the member has incurred increased housing

17 costs in the area concerned by reason of the disaster.

18 ‘‘(E) An increase in rates of basic allowance for hous19 ing in an area under this paragraph shall remain in effect

20 until the effective date of the first adjustment in rates of

21 basic allowance for housing made for the area pursuant to

22 a redetermination of housing costs in the area under para23 graph (4) that occurs after the date of the increase under

24 this paragraph.’’.
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1 (b) EFFECTIVE DATE.—The amendments made by sub2 section (a) shall take effect on September 1, 2005, and shall

3 apply with respect to months beginning on or after that

4 date.

5 SEC. 673. TEMPORARY AUTHORITY FOR INCENTIVES FOR

6 RECRUITMENT OF MILITARY PERSONNEL.

7 (a) AUTHORITY TO PROVIDE INCENTIVES.—The Sec8 retary of Defense may, in consultation with the Director

9 of the Office of Management and Budget, develop and pro10 vide incentives (in addition to any other incentives author11 ized by law) for the recruitment of individuals as officers

12 and enlisted members of the Armed Forces.

13 (b) CONSTRUCTION WITH OTHER PERSONNEL AU14 THORITIES.—

15 (1) IN GENERAL.—Incentives may be provided

16 under subsection (a)—

17 (A) without regard to the lack of specific

18 authority for such incentives under title 10,

19 United States Code, or title 37, United States

20 Code; and

21 (B) notwithstanding any provision of title

22 10, United States Code, or title 37, United

23 States Code, or any rule or regulation prescribed

24 under such provision, relating to methods of—
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1 (i) determining requirements for, and

2 the compensation of, members of the Armed

3 Forces who are assigned duty as military

4 recruiters; or

5 (ii) providing incentives to individuals

6 to accept commissions or enlist in the

7 Armed Forces, including the provision of

8 group or individual bonuses, pay, or other

9 incentives.

10 (2) WAIVER OF OTHERWISE APPLICABLE

11 LAWS.—No provision of title 10, United States Code,

12 or title 37, United States Code, may be waived with

13 respect to, or otherwise determined to be inapplicable

14 to, the provision of incentives under subsection (a) ex15 cept with the approval of the Secretary.

16 (c) PLANS.—

17 (1) DEVELOPMENT OF PLANS.—Before providing

18 an incentive under subsection (a), or entering into

19 any agreement or contract with respect to the provi20 sion of such incentive, the Secretary shall develop a

21 plan that includes—

22 (A) a description of such incentive, includ23 ing the purpose of such project and the members

24 (or potential recruits) of the Armed Forces to be

25 addressed by such incentive;
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1 (B) a statement of the anticipated outcomes

2 of such incentive; and

3 (C) the method of evaluating the effective4 ness of such incentive.

5 (2) SUBMITTAL OF PLANS.—Not later than 30

6 days before the provision of an incentive under sub7 section (a), the Secretary shall submit a copy of the

8 plan developed under paragraph (1) on such

9 incentive—

10 (A) to the elements of the Department of De11 fense to be affected by the provision of such in12 centive; and

13 (B) to Congress.

14 (d) LIMITATIONS.—

15 (1) NUMBER OF INDIVIDUALS.—The number of

16 individuals provided incentives under subsection (a)

17 may not exceed the number of individuals equal to 20

18 percent of the accession mission of the Armed Force

19 concerned for the fiscal year in which such incentives

20 are first provided.

21 (2) DURATION OF PROVISION.—The provision of

22 incentives under subsection (a) shall terminate not

23 later than the end of the three-year period beginning

24 on the date on which the provision of such incentives

25 commences (except that such incentives may continue
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1 to be provided beyond the date otherwise provided in

2 this paragraph to the extent necessary to evaluate the

3 effectiveness of such incentives).

4 (e) REPORTS.—

5 (1) IN GENERAL.—The Secretary shall submit to

6 Congress on an annual basis a report on the incen7 tives provided under subsection (a) during the pre8 ceding year.

9 (2) ELEMENTS.—Each report under this sub10 section shall include—

11 (A) a description of the incentives provided

12 under subsection (a) during the fiscal year cov13 ered by such report; and

14 (B) an assessment of the impact of such in15 centives on the recruitment of individuals as offi16 cers or enlisted members of the Armed Forces.

17 SEC. 674. PAY AND BENEFITS TO FACILITATE VOLUNTARY

18 SEPARATION OF TARGETED MEMBERS OF

19 THE ARMED FORCES.

20 (a) PAY AND BENEFITS AUTHORIZED.—

21 (1) IN GENERAL.—Chapter 59 of title 10, United

22 States Code, is amended by inserting after section

23 1175 the following new section:
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1 ‘‘§ 1175a. Voluntary separation pay and benefits

2 ‘‘(a) IN GENERAL.—Under regulations approved by

3 the Secretary of Defense, the Secretary concerned may pro4 vide voluntary separation pay and benefits in accordance

5 with this section to eligible members of the armed forces

6 who are voluntarily separated from active duty in the

7 armed forces.

8 ‘‘(b) ELIGIBLE MEMBERS.—(1) Except as provided in

9 paragraph (2), a member of the armed forces is eligible for

10 voluntary separation pay and benefits under this section

11 if the member—

12 ‘‘(A) has served on active duty for more than 6

13 years but not more than 20 years;

14 ‘‘(B) has served at least 5 years of continuous ac15 tive duty immediately preceding the date of the mem16 ber’s separation from active duty;

17 ‘‘(C) has not been approved for payment of a vol18 untary separation incentive under section 1175 of

19 this title;

20 ‘‘(D) meets such other requirements as the Sec21 retary concerned may prescribe, which may include

22 requirements relating to—

23 ‘‘(i) years of service, skill, rating, military

24 specialty, or competitive category;

25 ‘‘(ii) grade or rank;
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1 ‘‘(iii) remaining period of obligated service;

2 or

3 ‘‘(iv) any combination of these factors; and

4 ‘‘(E) requests separation from active duty.

5 ‘‘(2) The following members are not eligible for vol6 untary separation pay and benefits under this section:

7 ‘‘(A) Members discharged with disability sever8 ance pay under section 1212 of this title.

9 ‘‘(B) Members transferred to the temporary dis10 ability retired list under section 1202 or 1205 of this

11 title.

12 ‘‘(C) Members being evaluated for disability re13 tirement under chapter 61 of this title.

14 ‘‘(D) Members who have been previously dis15 charged with voluntary separation pay.

16 ‘‘(E) Members who are subject to pending dis17 ciplinary action or who are subject to administrative

18 separation or mandatory discharge under any other

19 provision of law or regulations.

20 ‘‘(3) The Secretary concerned shall determine each

21 year the number of members to be separated, and provided

22 separation pay and benefits, under this section during the

23 fiscal year beginning in such year.

24 ‘‘(c) SEPARATION.—Each eligible member of the armed

25 forces whose request for separation from active duty under
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1 subsection (b)(1)(E) is approved shall be separated from ac2 tive duty.

3 ‘‘(d) ADDITIONAL SERVICE IN READY RESERVE.—Of

4 the number of members of the armed forces to be separated

5 from active duty in a fiscal year, as determined under sub6 section (b)(3), the Secretary concerned shall determine a

7 number of such members, in such skill and grade combina8 tions as the Secretary concerned shall designate, who shall

9 serve in the Ready Reserve, after separation from active

10 duty, for a period of not less than three years, as a condi11 tion of the receipt of voluntary separation pay and benefits

12 under this section.

13 ‘‘(e) SEPARATION PAY AND BENEFITS.—(1) A member

14 of the armed forces who is separated from active duty under

15 subsection (c) shall be paid voluntary separation pay in

16 accordance with subsection (g) in an amount determined

17 by the Secretary concerned pursuant to subsection (f).

18 ‘‘(2) A member who is not entitled to retired or re19 tainer pay upon separation shall be entitled to the benefits

20 and services provided under—

21 ‘‘(A) chapter 58 of this title during the 180-day

22 period beginning on the date the member is separated

23 (notwithstanding any termination date for such bene24 fits and services otherwise applicable under the provi25 sions of such chapter); and
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1 ‘‘(B) sections 404 and 406 of title 37.

2 ‘‘(f) COMPUTATION OF VOLUNTARY SEPARATION

3 PAY.—The Secretary concerned shall specify the amount of

4 voluntary separation pay that an individual or defined

5 group of members of the armed forces may be paid under

6 subsection (e)(1). No member may receive as voluntary sep7 aration pay an amount greater than three times the full

8 amount of separation pay for a member of the same pay

9 grade and years of service who is involuntarily separated

10 under section 1174 of this title.

11 ‘‘(g) PAYMENT OF VOLUNTARY SEPARATION PAY.—(1)

12 Voluntary separation pay under this section may be paid

13 in a single lump sum.

14 ‘‘(2) In the case of a member of the armed forces who,

15 at the time of separation under subsection (c), has com16 pleted at least 15 years, but less than 20 years, of active

17 service, voluntary separation pay may be paid, at the elec18 tion of the Secretary concerned, in—

19 ‘‘(A) a single lump sum;

20 ‘‘(B) installments over a period not to exceed 10

21 years; or

22 ‘‘(C) a combination of lump sum and such in23 stallments.

24 ‘‘(h) COORDINATION WITH RETIRED OR RETAINER

25 PAY AND DISABILITY COMPENSATION.—(1) A member who
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1 is paid voluntary separation pay under this section and

2 who later qualities for retired or retainer pay under this

3 title or title 14 shall have deducted from each payment of

4 such retired or retainer pay an amount, in such schedule

5 of monthly installments as the Secretary concerned shall

6 specify, until the total amount deducted from such retired

7 or retainer pay is equal to the total amount of voluntary

8 separation pay so paid.

9 ‘‘(2)(A) Except as provided in subparagraphs (B) and

10 (C), a member who is paid voluntary separation pay under

11 this section shall not be deprived, by reason of the member’s

12 receipt of such pay, of any disability compensation to which

13 the member is entitled under the laws administered by the

14 Secretary of Veterans Affairs, but there shall be deducted

15 from such disability compensation an amount, in such

16 schedule of monthly installments as the Secretary concerned

17 shall specify, until the total amount deducted from such dis18 ability compensation is equal to the total amount of vol19 untary separation pay so paid.

20 ‘‘(B) No deduction shall be made from the disability

21 compensation paid to an eligible disabled uniformed serv22 ices retiree under section 1413, or to an eligible combat23 related disabled uniformed services retiree under section

24 1413a of this title, who is paid voluntary separation pay

25 under this section.
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1 ‘‘(C) No deduction may be made from the disability

2 compensation paid to a member for the amount of vol3 untary separation pay received by the member because of

4 an earlier discharge or release from a period of active duty

5 if the disability which is the basis for that disability com6 pensation was incurred or aggravated during a later period

7 of active duty.

8 ‘‘(3) The requirement under this subsection to repay

9 voluntary separation pay following retirement from the

10 armed forces does not apply to a member who was eligible

11 to retire at the time the member applied and was accepted

12 for voluntary separation pay and benefits under this sec13 tion.

14 ‘‘(4) The Secretary concerned may waive the require15 ment to repay voluntary separation pay under paragraphs

16 (1) and (2) if the Secretary determines that recovery would

17 be against equity and good conscience or would be contrary

18 to the best interests of the United States.

19 ‘‘(i) RETIREMENT DEFINED.—In this section, the term

20 ‘retirement’ includes a transfer to the Fleet Reserve or Fleet

21 Marine Corps Reserve.

22 ‘‘(j) REPAYMENT FOR MEMBERS WHO RETURN TO AC23 TIVE DUTY.—(1) Except as provided in paragraphs (2) and

24 (3), a member of the armed forces who, after having received

25 all or part of voluntary separation pay under this section,
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1 returns to active duty shall have deducted from each pay2 ment of basic pay, in such schedule of monthly installments

3 as the Secretary concerned shall specify, until the total

4 amount deducted from such basic pay equals the total

5 amount of voluntary separation pay received.

6 ‘‘(2) Members who are involuntarily recalled to active

7 duty or full-time National Guard duty in accordance with

8 section 12301(a), 12301(b), 12301(g), 12302, 12303, or

9 12304 of this title or section 502(f)(1) of title 32 shall not

10 be subject to this subsection.

11 ‘‘(3) Members who are recalled or perform active duty

12 or full-time National Guard duty in accordance with sec13 tion 101(d)(1), 101(d)(2), 101(d)(5), 12301(d) (insofar as

14 the period served is less than 180 consecutive days with the

15 consent of the member), 12319, or 12503 of title 10, or sec16 tion 114, 115, or 502(f)(2) of title 32 (insofar as the period

17 served is less than 180 consecutive days with consent of the

18 member), shall not be subject to this subsection.

19 ‘‘(4) The Secretary of Defense may waive, in whole or

20 in part, repayment required under paragraph (1) if the

21 Secretary determines that recovery would be against equity

22 and good conscience or would be contrary to the best inter23 ests of the United States. The authority in this paragraph

24 may be delegated only to the Undersecretary of Defense for
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1 Personnel and Readiness and the Principal Deputy Under2 secretary of Defense for Personnel and Readiness.

3 ‘‘(k) TERMINATION OF AUTHORITY.—(1) The authority

4 to separate a member of the armed forces from active duty

5 under subsection (c) shall terminate on December 31, 2008.

6 ‘‘(2) A member who separates by the date specified in

7 paragraph (1) may continue to be provided voluntary sepa8 ration pay and benefits under this section until the member

9 has received the entire amount of pay and benefits to which

10 the member is entitled under this section.’’.

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of chapter 59 of such title is

13 amended by inserting after the item relating to sec14 tion 1175 the following new item:

‘‘1175a. Voluntary separation pay and benefits.’’.

15 (b) LIMITATION ON APPLICABILITY.—During the pe16 riod beginning on the date of the enactment of this Act and

17 ending on December 31, 2008, the members of the Armed

18 Forces who are eligible for separation, and for the provision

19 of voluntary separation pay and benefits, under section

20 1175a of title 10, United States Code (as added by sub21 section (a)), shall be limited to officers of the Armed Forces

22 who meet the eligibility requirements of section 1175a(b)

23 of title 10, United States Code (as so added), but have not

24 completed more than 12 years of active service as of the

25 date of separation from active duty.
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1 (c) OFFICER SELECTIVE EARLY RETIREMENT.—Sec2 tion 638a(a) of title 10, United States Code, is amended

3 by adding at the end the following new sentence: ‘‘During

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

5 December 31, 2011, the Secretary of Defense may also au6 thorize the Secretary of the Navy and the Secretary of the

7 Air Force to take any of the actions set forth in such sub8 section with respect to officers of the armed forces under

9 the jurisdiction of such Secretary.’’.

10 SEC. 675. EDUCATION LOAN REPAYMENT PROGRAM FOR

11 CHAPLAINS IN THE SELECTED RESERVE.

12 (a) IN GENERAL.—Chapter 1609 of title 10, United

13 States Code, is amended by adding at the end the following

14 new section:

15 ‘‘§ 16303. Education loan repayment program: chap16 lains serving in the Selected Reserve

17 ‘‘(a) AUTHORITY TO REPAY EDUCATION LOANS.—

18 Under regulations prescribed by the Secretary of Defense

19 and subject to the provisions of this section, the Secretary

20 concerned may, for purposes of maintaining adequate num21 bers of chaplains in the Selected Reserve, repay a loan

22 that—

23 ‘‘(1) was used by a person described in sub24 section (b) to finance education resulting in a Masters

25 of Divinity degree; and
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1 ‘‘(2) was obtained from an accredited theological

2 seminary as listed in the Association of Theological

3 Schools (ATS) handbook.

4 ‘‘(b) ELIGIBLE PERSONS.—(1) Except as provided in

5 paragraph (2), a person described in this subsection is a

6 person who—

7 ‘‘(A) satisfies the requirements specified in sub8 section (c);

9 ‘‘(B) holds, or is fully qualified for, an appoint10 ment as a chaplain in a reserve component of an

11 armed force; and

12 ‘‘(C) signs a written agreement to serve not less

13 than three years in the Selected Reserve.

14 ‘‘(2) A person accessioned into the Chaplain Candidate

15 Program is not eligible for the repayment of loans under

16 subsection (a).

17 ‘‘(c) ACADEMIC AND PROFESSIONAL REQUIRE18 MENTS.—The requirements specified in this subsection are

19 such requirements for accessioning and commissioning of

20 chaplains as are prescribed by the Secretary concerned in

21 regulations.

22 ‘‘(d) LOAN REPAYMENT.—(1) Subject to paragraph

23 (2), the repayment of a loan under this section may consist

24 of payment of the principal, interest, and related expenses

25 of such loan.
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1 ‘‘(2) The amount of any repayment of a loan made

2 under this section on behalf of a person may not exceed

3 $20,000 for each three year period of obligated service that

4 the person agrees to serve in an agreement described in sub5 section (b)(3). Of such amount, not more than an amount

6 equal to 50 percent of such amount may be paid before the

7 completion by the person of the first year of obligated service

8 pursuant to such agreement. The balance of such amount

9 shall be payable at such time or times as are prescribed

10 by the Secretary concerned in regulations.

11 ‘‘(e) EFFECT OF FAILURE TO COMPLETE OBLIGA12 TION.—A person on behalf of whom repayment of a loan

13 is made under this section who fails, during the period of

14 obligated service the person agrees to serve in an agreement

15 described in subsection (b)(3), to serve satisfactorily in the

16 Selected Reserve may, at the election of the Secretary con17 cerned, be required to pay the United States an amount

18 equal to any amount of repayments made on behalf of the

19 person in connection with the agreement.’’.

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

21 the beginning of chapter 1609 of such title is amended by

22 adding at the end the following new item:

‘‘16303. Education loan repayment program: chaplains serving in the Selected Reserve.’’.
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1 SEC. 676. SERVICEMEMBERS RIGHTS UNDER THE HOUSING

2 AND URBAN DEVELOPMENT ACT OF 1968.

3 (a) IN GENERAL.—Section 106(c)(5)(A)(ii) of the

4 Housing and Urban Development Act of 1968 (12 U.S.C.

5 1701x(c)(5)(A)(ii)) is amended—

6 (1) in subclause (II), by striking ‘‘; and’’ and in7 serting a semicolon;

8 (2) in subclause (III), by striking the period and

9 inserting ‘‘; and’’; and

10 (3) by adding at the end the following:

11 ‘‘(IV) notify the homeowner by a

12 statement or notice, written in plain

13 English by the Secretary of Housing

14 and Urban Development, in consulta15 tion with the Secretary of Defense and

16 the Secretary of the Treasury, explain17 ing the mortgage and foreclosure rights

18 of servicemembers, and the dependents

19 of such servicemembers, under the

20 Servicemembers Civil Relief Act (50

21 U.S.C. App. 501 et seq.), including the

22 toll-free military one source number to

23 call if servicemembers, or the depend24 ents of such servicemembers, require

25 further assistance.’’.
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1 (b) NO EFFECT ON OTHER LAWS.—Nothing in this

2 section shall relieve any person of any obligation imposed

3 by any other Federal, State, or local law.

4 (c) DISCLOSURE FORM.—Not later than 150 days after

5 the date of enactment of this Act, the Secretary of Housing

6 and Urban Development shall issue a final disclosure form

7 to fulfill the requirement of section 106(c)(5)(A)(ii)(IV) of

8 the Housing and Urban Development Act of 1968 (12

9 U.S.C. 1701x(c)(5)(A)(ii)).

10 (d) EFFECTIVE DATE.—The amendments made under

11 subsection (a) shall take effect 150 days after the date of

12 enactment of this Act.

13 SEC. 677. EXTENSION OF ELIGIBILITY FOR SSI FOR CER14 TAIN INDIVIDUALS IN FAMILIES THAT IN15 CLUDE MEMBERS OF THE RESERVE AND NA16 TIONAL GUARD.

17 Section 1631(j)(1)(B) of the Social Security Act (42

18 U.S.C. 1383(j)(1)(B)) is amended by inserting ‘‘(24 con19 secutive months, in the case of such an individual whose

20 ineligibility for benefits under or pursuant to both such sec21 tions is a result of being called to active duty pursuant to

22 section 12301(d) or 12302 of title 10, United States Code,

23 or section 502(f) of title 32, United States Code)’’ after ‘‘for

24 a period of 12 consecutive months’’.
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1 SEC. 678. DENIAL OF CERTAIN BURIAL-RELATED BENEFITS

2 FOR INDIVIDUALS WHO COMMITTED A CAP3 ITAL OFFENSE.

4 (a) PROHIBITION AGAINST INTERMENT IN NATIONAL

5 CEMETERY.—Section 2411 of title 38, United States Code,

6 is amended—

7 (1) in subsection (b)—

8 (A) by amending paragraph (1) to read as

9 follows:

10 ‘‘(1) A person whose conviction of a Federal cap11 ital crime is final.’’; and

12 (B) by amending paragraph (2) to read as

13 follows:

14 ‘‘(2) A person whose conviction of a State cap15 ital crime is final.’’; and

16 (2) in subsection (d)—

17 (A) in paragraph (1), by striking ‘‘the

18 death penalty or life imprisonment’’ and insert19 ing ‘‘a life sentence or the death penalty’’; and

20 (B) in paragraph (2), by striking ‘‘the

21 death penalty or life imprisonment without pa22 role may be imposed’’ and inserting ‘‘a life sen23 tence or the death penalty may be imposed’’.

24 (b) DENIAL OF CERTAIN BURIAL-RELATED BENE25 FITS.—Section 985 of title 10, United States Code, is

26 amended—
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1 (1) in subsection (a), by striking ‘‘who has been

2 convicted of a capital offense under Federal or State

3 law for which the person was sentenced to death or

4 life imprisonment without parole.’’ and inserting ‘‘de5 scribed in section 2411(b) of title 38.’’;

6 (2) in subsection (b), by striking ‘‘convicted of a

7 capital offense under Federal law’’ and inserting ‘‘de8 scribed in section 2411(b) of title 38’’; and

9 (3) by amending subsection (c) to read as fol10 lows:

11 ‘‘(c) DEFINITION.—In this section, the term ‘burial’ in12 cludes inurnment.’’.

13 (c) DENIAL OF FUNERAL HONORS.—Section 1491(h)

14 of title 10, United States Code, is amended—

15 (1) by redesignating paragraphs (1) and (2) as

16 subparagraphs (A) and (B), respectively;

17 (2) by striking ‘‘ means a decedent who—’’ and

18 inserting the following: ‘‘—

19 ‘‘(1) means a decedent who—’’;

20 (3) in subparagraph (B), as redesignated, by

21 striking the period at the end and inserting ‘‘; and’’;

22 and

23 (4) by adding at the end the following:

24 ‘‘(2) does not include any person described in

25 section 2411(b) of title 38.’’.
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1 (d) RULEMAKING.—

2 (1) DEPARTMENT OF DEFENSE.—The Secretary

3 of Defense shall prescribe regulations to ensure that a

4 person is not interred in any military cemetery under

5 the authority of the Secretary or provided funeral

6 honors under section 1491 of title 10, United States

7 Code, unless a good faith effort has been made to de8 termine whether such person is described in section

9 2411(b) of title 38, United States Code, or is other10 wise ineligible for such interment or honors under

11 Federal law.

12 (2) DEPARTMENT OF VETERANS AFFAIRS.—The

13 Secretary of Veterans Affairs shall prescribe regula14 tions to ensure that a person is not interred in any

15 cemetery in the National Cemetery System unless a

16 good faith effort has been made to determine whether

17 such person is described in section 2411(b) of title 38,

18 United States Code, or is otherwise ineligible for such

19 interment under Federal law.

20 (e) SAVINGS PROVISION.—The amendments made by

21 subsections (a), (b), and (c) shall not apply to any person

22 whose sentence for a Federal capital crime or a State cap23 ital crime (as such terms are defined in section 2411(d)

24 of title 38, United States Code) was commuted by the Presi25 dent or the Governor of a State.
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1 SEC. 679. VETERANS PREFERENCE ELIGIBILITY FOR MILI2 TARY RESERVISTS.

3 (a) SHORT TITLE.—This section may be cited as the

4 ‘‘Reservist Access to Veterans Preference Act’’.

5 (b) VETERANS PREFERENCE ELIGIBILITY.—Section

6 2108(1) of title 5, United States Code, is amended by strik7 ing ‘‘separated from’’ and inserting ‘‘discharged or released

8 from active duty in’’.

9 (c) SAVINGS PROVISION.—Nothing in the amendment

10 made by subsection (b) may be construed to affect a deter11 mination made before the date of enactment of this Act that

12 an individual is preference eligible (as defined in section

13 2108(3) of title 5, United States Code).

14 TITLE VII—HEALTH CARE

15 Subtitle A—Benefits Matters

16 SEC. 701. CLARIFICATION OF ELIGIBILITY OF RESERVE OF17 FICERS FOR HEALTH CARE PENDING ACTIVE

18 DUTY FOLLOWING ISSUANCE OF ORDERS TO

19 ACTIVE DUTY.

20 Section 1074(a)(2)(B)(iii) of title 10, United States

21 Code, is amended by inserting before the semicolon the fol22 lowing: ‘‘, or the orders have been issued but the member

23 has not entered on active duty’’.
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1 SEC. 702. LIMITATION ON DEDUCTIBLE AND COPAYMENT

2 REQUIREMENTS FOR NURSING HOME RESI3 DENTS UNDER THE PHARMACY BENEFITS

4 PROGRAM.

5 Section 1074g(a)(6) of title 10, United States Code, is

6 amended by adding at the end the following new subpara7 graph:

8 ‘‘(C) In the case of a beneficiary who is a resident of

9 a nursing home and who is required, by State law, to use

10 nursing home pharmacy services utilizing pre-packaged

11 pharmaceuticals, any deductible or copayment require12 ments for such pharmaceuticals under the cost sharing re13 quirements may not exceed such deductible or copayment

14 requirements as are applicable under the cost sharing re15 quirements to a beneficiary who uses a network provider

16 pharmacy under the pharmacy benefits program.’’.

17 SEC. 703. ELIGIBILITY OF SURVIVING ACTIVE DUTY

18 SPOUSES OF DECEASED MEMBERS FOR EN19 ROLLMENT AS DEPENDENTS IN A TRICARE

20 DENTAL PLAN.

21 Section 1076a(k)(2) of title 10, United States Code, is

22 amended—

23 (1) by striking ‘‘under subsection (f), or’’ and in24 serting ‘‘under subsection (f),’’; and

25 (2) by inserting after ‘‘is not enrolled because the

26 dependent is a child under the minimum age for en-
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1 rollment,’’ the following: ‘‘or is not enrolled because

2 the dependent is a spouse who did not qualify for en3 rollment on the date of the member’s death because the

4 spouse was also on active duty for a period of more

5 than 30 days on the date of the member’s death,’’.

6 SEC. 704. INCREASED PERIOD OF CONTINUED TRICARE

7 PRIME COVERAGE OF CHILDREN OF MEM8 BERS OF THE UNIFORMED SERVICES WHO

9 DIE WHILE SERVING ON ACTIVE DUTY FOR A

10 PERIOD OF MORE THAN 30 DAYS.

11 (a) PERIOD OF ELIGIBILITY.—Section 1079(g) of title

12 10, United States Code, is amended—

13 (1) by inserting ‘‘(1)’’ after ‘‘(g)’’;

14 (2) by striking the second sentence; and

15 (3) by adding at the end the following new para16 graph:

17 ‘‘(2) In addition to any continuation of eligibility for

18 benefits under paragraph (1), when a member dies while

19 on active duty for a period of more than 30 days, the mem20 ber’s dependents who are receiving benefits under a plan

21 covered by subsection (a) shall continue to be eligible for

22 benefits under TRICARE Prime during the three-year pe23 riod beginning on the date of the member’s death, except

24 that, in the case of such a dependent of the deceased who

25 is described by subparagraph (D) or (I) of section 1072(2)
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1 of this title, the period of continued eligibility shall be the

2 longer of the following periods beginning on such date:

3 ‘‘(A) Three years.

4 ‘‘(B) The period ending on the date on which

5 such dependent attains 21 years of age.

6 ‘‘(C) In the case of such a dependent who, at 21

7 years of age, is enrolled in a full-time course of study

8 in a secondary school or in a full-time course of study

9 in an institution of higher education approved by the

10 administering Secretary and was, at the time of the

11 member’s death, in fact dependent on the member for

12 over one-half of such dependent’s support, the period

13 ending on the earlier of the following dates:

14 ‘‘(i) The date on which such dependent

15 ceases to pursue such a course of study, as deter16 mined by the administering Secretary.

17 ‘‘(ii) The date on which such dependent at18 tains 23 years of age.

19 ‘‘(3) For the purposes of paragraph (2)(C), a depend20 ent shall be treated as being enrolled in a full-time course

21 of study in an institution of higher education during any

22 reasonable period of transition between the dependent’s

23 completion of a full-time course of study in a secondary

24 school and the commencement of an enrollment in a full-
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1 time course of study in an institution of higher education,

2 as determined by the administering Secretary.

3 ‘‘(4) The terms and conditions under which health ben4 efits are provided under this chapter to a dependent of a

5 deceased member under paragraph (2) shall be the same as

6 those that would apply to the dependent under this chapter

7 if the member were living and serving on active duty for

8 a period of more than 30 days.

9 ‘‘(5) In this subsection, the term ‘TRICARE Prime’

10 means the managed care option of the TRICARE pro11 gram.’’.

12 (b) EFFECTIVE DATE.—The amendments made by sub13 section (a) shall take effect on October 7, 2001, and shall

14 apply with respect to deaths occurring on or after that date.

15 SEC. 705. EXPANDED ELIGIBILITY OF MEMBERS OF THE SE16 LECTED RESERVE UNDER THE TRICARE PRO17 GRAM.

18 (a) GENERAL ELIGIBILITY.—Subsection (a) of section

19 1076d of title 10, United States Code, is amended—

20 (1) by striking ‘‘(a) ELIGIBILITY.—A member’’

21 and inserting ‘‘(a) ELIGIBILITY.—(1) Except as pro22 vided in paragraph (2), a member’’;

23 (2) by striking ‘‘after the member completes’’ and

24 all that follows through ‘‘one or more whole years fol25 lowing such date’’; and
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1 (3) by adding at the end the following new para2 graph:

3 ‘‘(2) Paragraph (1) does not apply to a member who

4 is enrolled, or is eligible to enroll, in a health benefits plan

5 under chapter 89 of title 5.’’.

6 (b) CONDITION FOR TERMINATION OF ELIGIBILITY.—

7 Subsection (b) of such section is amended by striking ‘‘(b)

8 PERIOD OF COVERAGE.—(1) TRICARE Standard’’ and all

9 that follows through ‘‘(3) Eligibility’’ and inserting ‘‘(b)

10 TERMINATION OF ELIGIBILITY UPON TERMINATION OF

11 SERVICE.—Eligibility’’.

12 (c) CONFORMING AMENDMENTS.—

13 (1) Such section is further amended—

14 (A) by striking subsection (e); and

15 (B) by redesignating subsection (g) as sub16 section (e) and transferring such subsection with17 in such section so as to appear following sub18 section (d).

19 (2) The heading for such section is amended to

20 read as follows:

21 ‘‘§ 1076d. TRICARE program: TRICARE Standard cov22 erage for members of the Selected Re23 serve’’.

24 (d) REPEAL OF OBSOLETE PROVISION.—Section

25 1076b of title 10, United States Code, is repealed.
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1 (e) CLERICAL AMENDMENTS.—The table of sections at

2 the beginning of chapter 55 of title 10, United States Code,

3 is amended—

4 (1) by striking the item relating to section

5 1076b; and

6 (2) by striking the item relating to section 1076d

7 and inserting the following:

‘‘1076d. TRICARE program: TRICARE Standard coverage for members of the Selected Reserve.’’.

8 (f) SAVINGS PROVISION.—Enrollments in TRICARE

9 Standard that are in effect on the day before the date of

10 the enactment of this Act under section 1076d of title 10,

11 United States Code, as in effect on such day, shall be contin12 ued until terminated after such day under such section

13 1076d as amended by this section.

14 Subtitle B—Planning,

15 Programming, and Management

16 SEC. 711. TRICARE STANDARD COORDINATORS IN TRICARE

17 REGIONAL OFFICES.

18 (a) COORDINATOR IN EACH REGIONAL OFFICE.—

19 (1) IN GENERAL.—In each TRICARE Regional

20 Office there shall be a position the responsibilities of

21 which shall be the monitoring, oversight, and im22 provement of the TRICARE Standard option in the

23 TRICARE region concerned.
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1 (2) DESIGNATION.—The position under para2 graph (1) in a TRICARE Regional Office shall be

3 filled by an individual in such Regional Office des4 ignated for that purpose.

5 (b) DUTIES OF POSITION.—

6 (1) IN GENERAL.—The specific duties of the posi7 tions required under subsection (a) shall be as set

8 forth in regulations prescribed by the Secretary of De9 fense, in consultation with the other administering

10 Secretaries.

11 (2) ELEMENTS.—The duties shall include—

12 (A) identifying health care providers who

13 will participate in the TRICARE program and

14 provide the TRICARE Standard option under

15 that program;

16 (B) communicating with beneficiaries who

17 receive the TRICARE Standard option;

18 (C) outreach to community health care pro19 viders to encourage their participation in the

20 TRICARE program; and

21 (D) publication of information that identi22 fies health care providers in the TRICARE re23 gion concerned who provide the TRICARE

24 Standard option.
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1 (c) REPORT.—Not later than 90 days after the date

2 of the enactment of this Act, the Secretary shall submit to

3 the congressional defense committees a report setting forth

4 the plans to implement the requirements of the section.

5 (d) DEFINITIONS.—In this section:

6 (1) The terms ‘‘administering Secretaries’’ and

7 ‘‘TRICARE program’’ have the meaning given such

8 terms in section 1072 of title 10, United States Code.

9 (2) The term ‘‘TRICARE Standard’’ means the

10 Civilian Health and Medical Program of the Uni11 formed Services option under the TRICARE program.

12 SEC. 712. REPORT ON DELIVERY OF HEALTH CARE BENE13 FITS THROUGH MILITARY HEALTH CARE SYS14 TEM.

15 (a) REPORT REQUIRED.—Not later than February 1,

16 2007, the Secretary of Defense shall submit to the congres17 sional defense committees a report on the delivery of health

18 care benefits through the military health care system.

19 (b) ELEMENTS.—The report under subsection (a) shall

20 include the following:

21 (1) An analysis of the organization and costs of

22 delivering health care benefits to current and retired

23 members of the Armed Forces and their families.
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1 (2) An analysis of the costs of ensuring medical

2 readiness throughout the Armed Forces in support of

3 national security objectives.

4 (3) An assessment of the role of health benefits in

5 the recruitment and retention of members of the

6 Armed Forces, whether in the regular components or

7 the reserve components of the Armed Forces.

8 (4) An assessment of the experience of the mili9 tary departments during fiscal years 2003, 2004, and

10 2005 in recruitment and retention of military and ci11 vilian medical and dental personnel, whether in the

12 regular components or the reserve components of the

13 Armed Forces, in light of military and civilian med14 ical manpower requirements.

15 (5) A description of requirements for graduate

16 medical education for military medical care providers

17 and options for meeting such requirements, including

18 civilian medical training programs.

19 (c) RECOMMENDATIONS.—In addition to the matters

20 specified in subsection (b), the report under subsection (a)

21 shall also include such recommendations for legislative or

22 administrative action as the Secretary considers necessary

23 to improve efficiency and quality in the provision of health

24 care benefits through the military health care system, in25 cluding recommendations on—
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1 (1) the organization and delivery of health care

2 benefits;

3 (2) mechanisms required to measure costs more

4 accurately;

5 (3) mechanisms required to measure quality of

6 care, and access to care, more accurately;

7 (4) Department of Defense participation in the

8 Medicare Advantage Program, formerly Medicare plus

9 Choice;

10 (5) the use of flexible spending accounts and

11 health savings accounts for military retirees under the

12 age of 65;

13 (6) incentives for eligible beneficiaries of the

14 military health care system to retain private em15 ployer-provided health care insurance;

16 (7) means of improving integrated systems of

17 disease management, including chronic illness man18 agement;

19 (8) means of improving the safety and efficiency

20 of pharmacy benefits management;

21 (9) the management of enrollment options for

22 categories of eligible beneficiaries in the military

23 health care system;

24 (10) reform of the provider payment system, in25 cluding the potential for use of a pay-for-performance
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1 system in order to reward quality and efficiency in

2 the TRICARE System;

3 (11) means of improving efficiency in the ad4 ministration of the TRICARE program, to include

5 the reduction of headquarters and redundant manage6 ment layers, and maximizing efficiency in the claims

7 processing system;

8 (12) other improvements in the efficiency of the

9 military health care system; and

10 (13) any other matters the Secretary considers

11 appropriate to improve the efficiency and quality of

12 military health care benefits.

13 SEC. 713. COMPTROLLER GENERAL REPORT ON DIFFEREN14 TIAL PAYMENTS TO CHILDREN’S HOSPITALS

15 FOR HEALTH CARE FOR CHILDREN DEPEND16 ENTS UNDER TRICARE.

17 (a) STUDY.—The Comptroller General of the United

18 States shall conduct a study of the effectiveness of the cur19 rent system of differential payments to children’s hospitals

20 for health care services for severely ill dependent children

21 of members of the uniformed services under the TRICARE

22 program in achieving the objective of securing adequate

23 health care services for such dependent children under that

24 program.
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1 (b) ELEMENTS OF STUDY.—The study required by sub2 section (a) shall include the following:

3 (1) A description of the current participation of

4 children’s hospitals in the TRICARE program.

5 (2) An assessment of the current system of dif6 ferential payments to children’s hospitals for health

7 care services described in that subsection, including

8 an assessment of—

9 (A) the extent to which the calculation of

10 such differential payments takes into account the

11 complexity and extraordinary resources required

12 for the provision of such health care services;

13 (B) the extent to which such differential

14 payments provide appropriate compensation to

15 such hospitals for the provision of such services;

16 and

17 (C) any obstacles or challenges to the devel18 opment of future modifications to the system of

19 differential payments.

20 (3) An assessment of the adequacy of the access

21 of dependent children described in that subsection to

22 specialized hospital services for their illnesses under

23 the TRICARE program.

24 (c) REPORTS.—Not later than May 1, 2006, the Comp25 troller General shall submit to the Secretary of Defense and
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1 the congressional defense committees a report on the study

2 required by subsection (a), together with such recommenda3 tions, if any, as the Comptroller General considers appro4 priate for modifications of the current system of differential

5 payments to children’s hospitals in order to achieve the ob6 jective described in that subsection.

7 (d) TRANSMITTAL TO CONGRESS.—

8 (1) IN GENERAL.—Not later than November 1,

9 2006, the Secretary of Defense shall transmit to the

10 congressional defense committees the report submitted

11 by the Comptroller General to the Secretary under

12 subsection (c).

13 (2) IMPLEMENTATION OF MODIFICATIONS.—If the

14 report under paragraph (1) includes recommenda15 tions of the Comptroller General for modifications of

16 the current system of differential payments to chil17 dren’s hospitals, the Secretary shall transmit with the

18 report—

19 (A) a proposal for such legislative or ad20 ministration action as may be required to imple21 ment such modifications; and

22 (B) an assessment and estimate of the costs

23 associated with the implementation of such

24 modifications.

25 (e) DEFINITIONS.—In this section:
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1 (1) DIFFERENTIAL PAYMENTS TO CHILDREN’S

2 HOSPITALS.—The term ‘‘differential payments to chil3 dren’s hospitals’’ means the additional amounts paid

4 to children’s hospitals under the TRICARE program

5 for health care procedures for severely ill children in

6 order to take into account the additional costs associ7 ated with such procedures for such children when

8 compared with the costs associated with such proce9 dures for adults and other children.

10 (2) TRICARE PROGRAM.—The term ‘‘TRICARE

11 program’’ has the meaning given that term in section

12 1072(7) of title 10, United States Code.

13 SEC. 714. REPEAL OF REQUIREMENT FOR COMPTROLLER

14 GENERAL REVIEWS OF CERTAIN DEPART15 MENT OF DEFENSE-DEPARTMENT OF VET16 ERANS AFFAIRS PROJECTS ON SHARING OF

17 HEALTH CARE RESOURCES.

18 (a) JOINT INCENTIVES PROGRAM.—Section 8111(d) of

19 title 38, United States Code, is amended—

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

21 (2) by redesignating paragraph (4) as para22 graph (3).

23 (b) HEALTH CARE RESOURCES SHARING AND CO24 ORDINATION PROJECT.—Section 722 of the Bob Stump Na25 tional Defense Authorization Act for Fiscal Year 2003 (Pub-
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1 lic Law 107–314; 116 Stat. 2595; 38 U.S.C. 8111 note) is

2 amended—

3 (1) by striking subsection (h);

4 (2) by redesignating subsection (i) as subsection

5 (h); and

6 (3) in paragraph (2) of subsection (h), as so re7 designated, by striking ‘‘based on recommendations’’

8 and all that follows and inserting ‘‘as determined by

9 the Secretaries based on information available to the

10 Secretaries to warrant such action.’’.

11 SEC. 715. SURVEYS ON TRICARE STANDARD.

12 Section 723(a) of the National Defense Authorization

13 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat.

14 1532; 10 U.S.C. 1073 note) is amended by adding at the

15 end the following new paragraph:

16 ‘‘(4) The surveys required by paragraph (1) shall in17 clude questions designed to determine from health care pro18 viders participating in such surveys whether such providers

19 are aware of the TRICARE program, what percentage of

20 the current patient population of such providers receive any

21 benefit option under the TRICARE program, and whether

22 such providers accept patients under the medicare program

23 or new patients under the medicare program.’’.
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1 SEC. 716. MODIFICATION OF HEALTH CARE QUALITY INFOR2 MATION AND TECHNOLOGY ENHANCEMENT

3 REPORT REQUIREMENTS.

4 Section 723(e) of the National Defense Authorization

5 Act for Fiscal Year 2000 (10 U.S.C. 1071 note) is amended

6 by striking paragraphs (1) through (4) and inserting the

7 following new paragraphs:

8 ‘‘(1) Quality measures, including structure, proc9 ess, and outcomes concerning—

10 ‘‘(A) patient safety;

11 ‘‘(B) timeliness and accessibility of care;

12 ‘‘(C) patient satisfaction; and

13 ‘‘(D) the use of evidence-based practices.

14 ‘‘(2) Population health.

15 ‘‘(3) Biosurveillance.’’.

16 SEC. 717. MODIFICATION OF AUTHORITIES RELATING TO

17 PATIENT CARE REPORTING AND MANAGE18 MENT SYSTEM.

19 (a) REPEAL OF REQUIREMENT TO LOCATE DEPART20 MENT OF DEFENSE PATIENT SAFETY CENTER WITHIN

21 ARMED FORCES INSTITUTE OF PATHOLOGY.—Subsection

22 (c)(3) of section 754 of the Floyd D. Spence National De23 fense Authorization Act for Fiscal Year 2001 (as enacted

24 into lay by Public Law 106–398; 114 Stat. 1654A–196) is

25 amended by striking ‘‘within the Armed Forces Institute

26 of Pathology’’.
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1 (b) RENAMING OF MEDTEAMS PROGRAM.—The cap2 tion of subsection (d) of such section is amended by striking

3 ‘‘MEDTEAMS’’ and inserting ‘‘MEDICAL TEAM TRAINING’’.

4 SEC. 718. QUALIFICATIONS FOR INDIVIDUALS SERVING AS

5 TRICARE REGIONAL DIRECTORS.

6 (a) QUALIFICATIONS.—Effective as of the date of the

7 enactment of this Act, no individual may serve in the posi8 tion of Regional Director under the TRICARE program un9 less the individual—

10 (1) is—

11 (A) an officer of the Armed Forces in a gen12 eral or flag officer grade; or

13 (B) a civilian employee of the Department

14 of Defense in the Senior Executive Service; and

15 (2) has at least 10 years of experience, or equiva16 lent expertise or training, in the military health care

17 system, managed care, and health care policy and ad18 ministration.

19 (b) TRICARE PROGRAM DEFINED.—In this section,

20 the term ‘‘TRICARE program’’ has the meaning given such

21 term in section 1072(7) of title 10, United States Code.

22 SEC. 719. REPORT ON THE DEPARTMENT OF DEFENSE COM23 POSITE HEALTH CARE SYSTEM II.

24 (a) REPORT REQUIRED.—Not later than six months

25 after the date of the enactment of this Act, the Secretary
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1 of Defense shall submit to the appropriate committees of

2 Congress a report on the Department of Defense Composite

3 Health Care System II (CHCS II).

4 (b) REPORT ELEMENTS.—The report under subsection

5 (a) shall include the following:

6 (1) A chronology and description of previous ef7 forts undertaken to develop an electronic medical

8 records system capable of maintaining a two-way ex9 change of data between the Department of Defense

10 and the Department of Veterans Affairs.

11 (2) The plans as of the date of the report, includ12 ing any projected commencement dates, for the imple13 mentation of the Composite Health Care System II.

14 (3) A statement of the amounts obligated and ex15 pended as of the date of the report on the development

16 of a system for the two-way exchange of data between

17 the Department of Defense and the Department of

18 Veterans Affairs, including the Composite Health

19 Care System II.

20 (4) An estimate of the amounts that will be re21 quired for the completion of the Composite Health

22 Care System II.

23 (5) A description of the software and hardware

24 being considered as of the date of the report for use

25 in the Composite Health Care System II.
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1 (6) A description of the management structure

2 used in the development of the Composite Health Care

3 System II.

4 (7) A description of the accountability measures

5 utilized during the development of the Composite

6 Health Care System II in order to evaluate progress

7 made in the development of that System.

8 (8) The schedule for the remaining development

9 of the Composite Health Care System II.

10 (c) APPROPRIATE COMMITTEES OF CONGRESS DE11 FINED.—In this section, the term ‘‘appropriate committees

12 of Congress’’ means—

13 (1) the Committees on Armed Services, Appro14 priations, Veterans’ Affairs, and Health, Education,

15 Labor, and Pensions of the Senate; and

16 (2) the Committees on Armed Services, Appro17 priations, Veterans’ Affairs, and Energy and Com18 merce of the House of Representatives.

19 SEC. 720. RESPONSE TO MEDICAL NEEDS ARISING FROM

20 MANDATORY MILITARY VACCINATIONS.

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

22 maintain a joint military medical center of excellence focus23 ing on the medical needs arising from mandatory military

24 vaccinations.
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1 (b) ELEMENTS.—The joint military medical center of

2 excellence under subsection (a) shall consist of the following:

3 (1) The Vaccine Health Care Centers of the De4 partment of Defense, which shall be the principle ele5 ments of the center.

6 (2) Any other elements that the Secretary con7 siders appropriate.

8 (c) AUTHORIZED ACTIVITIES.—In acting as the prin9 ciple elements of the joint military medical center under

10 subsection (a), the Vaccine Health Care Centers referred to

11 in subsection (b)(1) may carry out the following:

12 (1) Medical assistance and care to individuals

13 receiving mandatory military vaccines and their de14 pendents, including long-term case management for

15 adverse events where necessary.

16 (2) Evaluations to identify and treat potential

17 and actual health effects from vaccines before and

18 after their use in the field.

19 (3) The development and sustainment of a long20 term vaccine safety and efficacy registry.

21 (4) Support for an expert clinical advisory

22 board for case reviews related to disability assessment

23 questions.
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1 (5) Long-term and short-term studies to identify

2 unanticipated benefits and adverse events from vac3 cines.

4 (6) Educational outreach for immunization pro5 viders and those requiring immunizations.

6 (7) The development, dissemination, and valida7 tion of educational materials for Department of De8 fense healthcare workers relating to vaccine safety, ef9 ficacy, and acceptability.

10 SEC. 721. MENTAL HEALTH COUNSELORS UNDER TRICARE.

11 (a) IN GENERAL.—Section 1079(a) of title 10, United

12 States Code, is amended by adding at the end the following

13 new paragraph:

14 ‘‘(17) Services of mental health counselors, except

15 that—

16 ‘‘(A) such services are limited to services

17 provided by counselors who are licensed under

18 applicable State law to provide mental health

19 services;

20 ‘‘(B) such services may be provided inde21 pendently of medical oversight and supervision

22 only in areas identified by the Secretary as

23 ‘medically underserved areas’ where the Sec24 retary determines that 25 percent or more of the

25 residents are located in primary shortage areas
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1 designated pursuant to section 332 of the Public

2 Health Services Act (42 U.S.C. 254e); and

3 ‘‘(C) the provision of such services shall be

4 consistent with such rules as may be prescribed

5 by the Secretary of Defense, including criteria

6 applicable to credentialing or certification of

7 mental health counselors and a requirement that

8 mental health counselors accept payment under

9 this section as full payment for all services pro10 vided pursuant to this paragraph.’’.

11 (b) AUTHORITY TO ENTER INTO PERSONAL SERVICES

12 CONTRACTS.—Section 704(c)(2) of the National Defense

13 Authorization Act for Fiscal Year 1995 (Public Law 103–

14 337; 108 Stat. 2799; 10 U.S.C. 1091 note) is amended by

15 inserting ‘‘mental health counselors,’’ after ‘‘psychologists,’’.

16 SEC. 722. PANDEMIC AVIAN FLU PREPAREDNESS.

17 (a) REPORT.—The Secretary of Defense shall report to

18 the Committees on Armed Services of the Senate and the

19 House of Representatives efforts within the Department of

20 Defense to prepare for pandemic influenza, including pan21 demic avian influenza. The Secretary shall address the fol22 lowing, with respect to military and civilian personnel—

23 (1) the procurement of vaccines, antivirals and

24 other medicines, and medical supplies, including per-
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1 sonal protective equipment, particularly those that

2 must be imported;

3 (2) protocols for the allocation and distribution

4 of vaccines and medicines among high priority popu5 lations;

6 (3) public health containment measures that

7 may be implemented on military bases and other fa8 cilities, including quarantine, travel restrictions and

9 other isolation precautions;

10 (4) communication with Department of Defense

11 affiliated health providers about pandemic prepared12 ness and response;

13 (5) surge capacity for the provision of medical

14 care during pandemics;

15 (6) the availability and delivery of food and

16 basic supplies and services;

17 (7) surveillance efforts domestically and inter18 nationally, including those utilizing the Global

19 Emerging Infections Systems (GEIS), and how such

20 efforts are integrated with other ongoing surveillance

21 systems;

22 (8) the integration of pandemic and response

23 planning with those of other Federal departments, in24 cluding the Department of Health and Human Serv-
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1 ices, Department of the Veterans Affairs, Department

2 of State, and USAID; and

3 (9) collaboration (as appropriate) with inter4 national entities engaged in pandemic preparedness

5 and response.

6 (b) SUBMISSION OF REPORT.—Not later than 120 days

7 after the date of enactment of this Act, the Secretary of De8 fense shall submit the report to the Committees on Armed

9 Services of the Senate and the House of Representatives.

10 SEC. 723. COMPTROLLER GENERAL REPORT ON EXPANDED

11 PARTNERSHIP BETWEEN THE DEPARTMENT

12 OF DEFENSE AND THE DEPARTMENT OF VET13 ERANS AFFAIRS ON THE PROVISION OF

14 HEALTH CARE SERVICES.

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

16 after the date of the enactment of this Act, the Comptroller

17 General of the United States shall submit to the appropriate

18 committees of Congress a report on the feasibility of an ex19 panded partnership between the Department of Defense and

20 the Department of Veterans Affairs for the provision of

21 health care services.

22 (b) REPORT ELEMENTS.—The report required by sub23 section (a) shall include the following:
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1 (1) An overview of the current health care sys2 tems of the Department of Defense and the Depart3 ment of Veterans Affairs, including—

4 (A) the total number of eligible beneficiaries

5 in each system as of September 30, 2005;

6 (B) the total number of current consumers

7 of health care services in each system as of that

8 date;

9 (C) the total cost of each system in the most

10 recent fiscal year for which complete cost data

11 for both systems exists;

12 (D) the annual workload or production of

13 health care by beneficiary category in each sys14 tem in the most recent fiscal year for which com15 plete data on workload or production of health

16 care for both systems exists;

17 (E) the total cost of health care by bene18 ficiary category in each system in the most re19 cent fiscal year for which complete cost data for

20 both systems exists;

21 (F) the total staffing of medical and admin22 istrative personnel in each system as of Sep23 tember 30, 2005;
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1 (G) the number and location of facilities,

2 including both hospitals and clinics, operated by

3 each system as of that date; and

4 (H) the size, capacity, and production of

5 graduate medical education programs in each

6 system as of that date.

7 (2) A comparative analysis of the characteristics

8 of each health care system, including a determination

9 and comparative analysis of—

10 (A) the mission of such systems;

11 (B) the demographic characteristics of the

12 populations served by such systems;

13 (C) the categories of eligibility for health

14 care services in such systems;

15 (D) the nature of benefits available by bene16 ficiary category in such systems;

17 (E) access to and quality of health care

18 services in such systems;

19 (F) the out-of-pocket expenses for health care

20 by beneficiary category in such systems;

21 (G) the structure and methods of financing

22 the care for all categories of beneficiaries in such

23 systems;

24 (H) the management and acquisition of

25 medical equipment and supplies in such systems,
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1 including pharmaceuticals and prosthetic and

2 other medical assistive devices;

3 (I) the mix of health care services available

4 in such systems;

5 (J) the current inpatient and outpatient ca6 pacity of such systems; and

7 (K) the human resource systems for medical

8 personnel in such systems, including the rates of

9 compensation for civilian employees.

10 (3) A summary of current sharing efforts be11 tween the health care systems of the Department of

12 Defense and the Department of Veterans Affairs.

13 (4) An assessment of the advantages and dis14 advantages for military retirees and their dependents

15 participating in the health care system of the Depart16 ment of Veterans Affairs of an expanded partnership

17 between the health care systems of the Department of

18 Defense and the Department of Veterans Affairs, with

19 a separate assessment to be made for—

20 (A) military retirees and dependents under

21 the age of 65; and

22 (B) military retirees and dependents over

23 the age of 65.

24 (5) Projections for the future growth of health

25 care costs for retirees and veterans in the health care
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1 systems of the Department of Defense and the Depart2 ment of Veterans Affairs, including recommendations

3 on mechanisms to ensure more effective and higher

4 quality services in the future for military retirees and

5 veterans now served by both systems.

6 (6) Options for means of achieving a more effec7 tive partnership between the health care systems of the

8 Department of Defense and the Department of Vet9 erans Affairs, including options for the expansion of,

10 and enhancement of access of military retirees and

11 their dependents to, the health care system of the De12 partment of Veterans Affairs.

13 (c) SOLICITATION OF VIEW.—In preparing the report

14 required by subsection (a), the Comptroller General shall

15 seek the views of representatives of military family organi16 zations, military retiree organizations, and organizations

17 representing veterans and their families.

18 (d) APPROPRIATE COMMITTEES OF CONGRESS DE19 FINED.—In this section, the term ‘‘appropriate committees

20 of Congress’’ means—

21 (1) the Committees on Armed Services and Vet22 erans Affairs’ of the Senate; and

23 (2) the Committees on Armed Services and Vet24 erans Affairs’ of the House of Representatives.
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1 SEC. 724. STUDY AND REPORT ON CIVILIAN AND MILITARY

2 PARTNERSHIP PROJECT.

3 (a) STUDY.—The Secretary of Defense shall conduct a

4 study on the feasibility of conducting a military and civil5 ian partnership project to permit employees of the Depart6 ment of Defense and of a non-profit health care entity to

7 jointly staff and provide health care services to military

8 personnel and civilians at a Department of Defense mili9 tary treatment facility.

10 (b) REPORT.—Not later than December 31, 2006, the

11 Secretary of Defense shall submit to the Committee on

12 Armed Services of the Senate and the Committee on Armed

13 Services of the House of Representatives a report on the

14 study required by subsection (a).

15 Subtitle C—Other Matters

16 SEC. 731. REPORT ON ADVERSE HEALTH EVENTS ASSOCI17 ATED WITH USE OF ANTI-MALARIAL DRUGS.

18 (a) STUDY REQUIRED.—

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

20 conduct a study of adverse health events that may be

21 associated with use of anti-malarial drugs, including

22 mefloquine.

23 (2) PARTICIPATION OF CERTAIN RESEARCH24 ERS.—The Secretary shall ensure the participation in

25 the study of epidemiological and clinical researchers

26 of the Federal Government outside the Department of
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1 Defense, and of epidemiological and clinical research2 ers outside the Federal Government.

3 (b) MATTERS COVERED.—The study required by sub4 section (a) shall include the following:

5 (1) A comparison of adverse health events that

6 may be associated with different anti-malarial drugs,

7 including mefloquine.

8 (2) An analysis of the extent to which mefloquine

9 may be a risk factor contributing to suicides among

10 members of the Armed Forces.

11 (c) REPORT.—Not later than one year after the date

12 of the enactment of this Act, the Secretary shall submit to

13 the congressional defense committees a report on the study

14 required by subsection (a).

15 SEC. 732. PILOT PROJECTS ON EARLY DIAGNOSIS AND

16 TREATMENT OF POST TRAUMATIC STRESS

17 DISORDER AND OTHER MENTAL HEALTH

18 CONDITIONS.

19 (a) PILOT PROJECTS REQUIRED.—The Secretary of

20 Defense shall carry out not less than three pilot projects

21 to evaluate the efficacy of various approaches to improving

22 the capability of the military and civilian health care sys23 tems to provide early diagnosis and treatment of Post Trau24 matic Stress Disorder (PTSD) and other mental health con25 ditions.
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1 (b) PILOT PROJECT REQUIREMENTS.—

2 (1) MOBILIZATION-DEMOBILIZATION FACILITY.—

3 (A) IN GENERAL.—One of the pilot projects

4 under subsection (a) shall be carried out at a

5 military medical facility at a large military in6 stallation at which the mobilization or demobili7 zation of members of the Armed Forces occurs.

8 (B) ELEMENTS.—The pilot project under

9 this paragraph shall be designed to evaluate and

10 produce effective diagnostic and treatment ap11 proaches for use by primary care providers in

12 the military health care system in order to im13 prove the capability of such providers to diag14 nose and treat Post Traumatic Stress Disorder

15 in a manner that avoids the referral of patients

16 to specialty care by a psychiatrist or other men17 tal health professional.

18 (2) NATIONAL GUARD OR RESERVE FACILITY.—

19 (A) IN GENERAL.—One of the pilot projects

20 under subsection (a) shall be carried out at the

21 location of a National Guard or Reserve unit or

22 units that are located more than 40 miles from

23 a military medical facility and whose personnel

24 are served primarily by civilian community

25 health resources.
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1 (B) ELEMENTS.—The pilot project under

2 this paragraph shall be designed—

3 (i) to evaluate approaches for pro4 viding evidence-based clinical information

5 on Post Traumatic Stress Disorder to civil6 ian primary care providers; and

7 (ii) to develop educational materials

8 and other tools for use by members of the

9 National Guard or Reserve who come into

10 contact with other members of the National

11 Guard or Reserve who may suffer from Post

12 Traumatic Stress Disorder in order to en13 courage and facilitate early reporting and

14 referral for treatment.

15 (3) INTERNET-BASED DIAGNOSIS AND TREAT16 MENT.—One of the pilot projects under subsection (a)

17 shall be designed to evaluate—

18 (A) Internet-based automated tools available

19 to military and civilian health care providers for

20 the early diagnosis and treatment of Post Trau21 matic Stress Disorder, and for tracking patients

22 who suffer from Post Traumatic Stress Disorder;

23 and

24 (B) Internet-based tools available to family

25 members of members of the Armed Forces in
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1 order to assist such family members in the iden2 tification of the emergence of Post Traumatic

3 Stress Disorder.

4 (c) REPORT.—Not later than June 1, 2006, the Sec5 retary shall submit to the congressional defense committees

6 a report on the pilot projects to be carried out under this

7 section. The report shall include a description of each such

8 pilot project, including the location of the pilot projects

9 under paragraphs (2) and (3) of subsection (b), and the

10 scope and objectives of each such pilot project.

11 (d) FUNDING.—

12 (1) IN GENERAL.—(A) The amount authorized to

13 be appropriated by section 303(a) for the Defense

14 Health Program is hereby increased by $10,000,000.

15 (B) Of the amount authorized to be appropriated

16 by section 303(a) for the Defense Health Program, as

17 increased by subparagraph (A), $10,000,000 shall be

18 available for pilot projects under this section.

19 (C) The amount available under subparagraph

20 (B) shall remain available until expended.

21 (2) OFFSET.—The amount authorized to be ap22 propriated by section 301(2) for operation and main23 tenance for the Navy is hereby decreased by

24 $10,000,000.
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1 SEC. 733. DEPARTMENT OF DEFENSE TASK FORCE ON MEN2 TAL HEALTH.

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

4 Defense shall establish within the Department of Defense a

5 task force to examine matters relating to mental health and

6 the Armed Forces.

7 (b) COMPOSITION.—

8 (1) MEMBERS.—The task force shall consist of

9 not more than 14 members appointed by the Sec10 retary of Defense from among individuals described

11 in paragraph (2) who have demonstrated expertise in

12 the area of mental health.

13 (2) RANGE OF MEMBERS.—The individuals ap14 pointed to the task force shall include—

15 (A) at least one member of each of the

16 Army, Navy, Air Force, and Marine Corps; and

17 (B) a number of persons from outside the

18 Department of Defense equal to the total number

19 of personnel from within the Department of De20 fense (whether members of the Armed Forces or

21 civilian personnel) who are appointed to the task

22 force.

23 (3) INDIVIDUALS APPOINTED WITHIN DEPART24 MENT OF DEFENSE.—At least one of the individuals

25 appointed to the task force from within the Depart-
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1 ment of Defense shall be the surgeon general of an

2 Armed Force or a designee of such surgeon general.

3 (4) INDIVIDUALS APPOINTED OUTSIDE DEPART4 MENT OF DEFENSE.—(A) Individuals appointed to

5 the task force from outside the Department of Defense

6 may include officers or employees of other depart7 ments or agencies of the Federal Government, officers

8 or employees of State and governments, or individuals

9 from the private sector.

10 (B) The individuals appointed to the task force

11 from outside the Department of Defense shall

12 include—

13 (i) an officer or employee of the Department

14 of Veterans Affairs appointed by the Secretary of

15 Defense in consultation with the Secretary of

16 Veterans Affairs;

17 (ii) an officer or employee of the Substance

18 Abuse and Mental Health Services Administra19 tion of the Department of Health and Human

20 Services appointed by the Secretary of Defense in

21 consultation with the Secretary of Health and

22 Human Services; and

23 (iii) at least two individuals who are rep24 resentatives of—
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1 (I) a mental health policy and advo2 cacy organization; and

3 (II) a national veterans service organi4 zation.

5 (5) DEADLINE FOR APPOINTMENT.—All appoint6 ments of individuals to the task force shall be made

7 not later than 120 days after the date of the enact8 ment of this Act.

9 (6) CO-CHAIRS OF TASK FORCE.—There shall be

10 two co-chairs of the task force. One of the co-chairs

11 shall be designated by the Secretary of the Defense at

12 the time of appointment from among the Department

13 of Defense personnel appointed to the task force. The

14 other co-chair shall be selected from among the mem15 bers appointed from outside the Department of De16 fense by members so appointed.

17 (c) LONG-TERM PLAN ON MENTAL HEALTH SERV18 ICES.—

19 (1) IN GENERAL.—Not later than 12 months

20 after the date on which all members of the task force

21 have been appointed, the task force shall submit to the

22 Secretary a long-term plan (referred to as a strategic

23 plan) on means by which the Department of Defense

24 shall improve the efficacy of mental health services
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1 provided to members of the Armed Forces by the De2 partment of Defense.

3 (2) UTILIZATION OF OTHER EFFORTS.—In pre4 paring the report, the task force shall take into con5 sideration completed and ongoing efforts by the De6 partment of Defense to improve the efficacy of mental

7 health care provided to members of the Armed Forces

8 by the Department.

9 (3) ELEMENTS.—The long-term plan shall in10 clude an assessment of and recommendations (includ11 ing recommendations for legislative or administrative

12 action) for measures to improve the following:

13 (A) The awareness of the prevalence of men14 tal health conditions among members of the

15 Armed Forces.

16 (B) The efficacy of existing programs to

17 prevent, identify, and treat mental health condi18 tions among members of the Armed Forces, in19 cluding programs for and with respect to for20 ward-deployed troops.

21 (C) The reduction or elimination of barriers

22 to care, including the stigma associated with

23 seeking help for mental health related conditions,

24 and the enhancement of confidentiality for mem-
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1 bers of the Armed Forces seeking care for such

2 conditions.

3 (D) The adequacy of outreach, education,

4 and support programs on mental health matters

5 for families of members of the Armed Forces.

6 (E) The efficacy of programs and mecha7 nisms for ensuring a seamless transition from

8 care of members of the Armed Forces on active

9 duty for mental health conditions through the

10 Department of Defense to care for such condi11 tions through the Department of Veterans Affairs

12 after such members are discharged or released

13 from military, naval, or air service.

14 (F) The availability of long-term follow-up

15 and access to care for mental health conditions

16 for members of the Individual Ready Reserve,

17 and the Selective Reserve and for discharged,

18 separated, or retired members of the Armed

19 Forces.

20 (G) Collaboration among organizations in

21 the Department of Defense with responsibility for

22 or jurisdiction over the provision of mental

23 health services.

24 (H) Coordination between the Department

25 of Defense and civilian communities, including
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1 local support organizations, with respect to men2 tal health services.

3 (I) The scope and efficacy of curricula and

4 training on mental health matters for com5 manders in the Armed Forces.

6 (J) Such other matters as the task force con7 siders appropriate.

8 (d) ADMINISTRATIVE MATTERS.—

9 (1) COMPENSATION.—Each member of the task

10 force who is a member of the Armed Forces or a civil11 ian officer or employee of the United States shall

12 serve without compensation (other than compensation

13 to which entitled as a member of the Armed Forces

14 or an officer or employee of the United States, as the

15 case may be). Other members of the task force shall

16 be treated for purposes of section 3161 of title 5,

17 United States Code, as having been appointed under

18 subsection (b) of such section.

19 (2) OVERSIGHT.—The Under Secretary of De20 fense for Personnel and Readiness shall oversee the ac21 tivities of the task force.

22 (3) ADMINISTRATIVE SUPPORT.—The Wash23 ington Headquarters Services of the Department of

24 Defense shall provide the task force with personnel, fa25 cilities, and other administrative support as nec-
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1 essary for the performance of the duties of the task

2 force.

3 (4) ACCESS TO FACILITIES.—The Under Sec4 retary of Defense for Personnel and Readiness shall,

5 in coordination with the Secretaries of the military

6 departments, ensure appropriate access by the task

7 force to military installations and facilities for pur8 poses of the discharge of the duties of the task force.

9 (e) REPORT.—

10 (1) IN GENERAL.—The task force shall submit to

11 the Secretary of Defense a report on its activities

12 under this section. The report shall include—

13 (A) a description of the activities of the task

14 force;

15 (B) the plan required by subsection (c); and

16 (C) such other mattes relating to the activi17 ties of the task force that the task force considers

18 appropriate.

19 (2) TRANSMITTAL TO CONGRESS.—Not later than

20 90 days after receipt of the report under paragraph

21 (1), the Secretary shall transmit the report to the

22 Committees on Armed Services and Veterans’ Affairs

23 of the Senate and the House of Representatives. The

24 Secretary may include in the transmittal such com-
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1 ments on the report as the Secretary considers appro2 priate.

3 (f) TERMINATION.—The task force shall terminate 90

4 days after the date on which the report of the task force

5 is submitted to Congress under subsection (e)(2).

6 TITLE VIII—ACQUISITION POL7 ICY, ACQUISITION MANAGE8 MENT, AND RELATED MAT9 TERS

10 Subtitle A—Acquisition Policy and

11 Management

12 SEC. 801. INTERNAL CONTROLS FOR PROCUREMENTS ON

13 BEHALF OF THE DEPARTMENT OF DEFENSE.

14 (a) INSPECTOR GENERAL REVIEWS AND DETERMINA15 TIONS.—

16 (1) IN GENERAL.—For each non-defense agency

17 of the Federal Government that procured property or

18 services in excess of $100,000,000 on behalf of the De19 partment of Defense during fiscal year 2005, the In20 spector General of the Department of Defense and the

21 Inspector General of such non-defense agency shall,

22 not later than March 15, 2006, jointly—

23 (A) review—

24 (i) the procurement policies, proce25 dures, and internal controls of such non-de-
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1 fense agency that are applicable to the pro2 curement of property and services on behalf

3 of the Department by such non-defense

4 agency; and

5 (ii) the administration of those poli6 cies, procedures, and internal controls; and

7 (B) determine in writing whether—

8 (i) such non-defense agency is compli9 ant with defense procurement requirements;

10 (ii) such non-defense agency is not

11 compliant with defense procurement re12 quirements, but made significant progress

13 during 2005 toward ensuring compliance

14 with defense procurement requirements; or

15 (iii) neither of the conclusions stated

16 in clauses (i) and (ii) is correct in the case

17 of such non-defense agency.

18 (2) ACTIONS FOLLOWING CERTAIN DETERMINA19 TIONS.—If the Inspectors General determine under

20 paragraph (1) that the conclusion stated in clause (ii)

21 or (iii) of subparagraph (B) of such paragraph is cor22 rect in the case of a non-defense agency, those Inspec23 tors General shall, not later than March 15, 2007,

24 jointly—
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1 (A) conduct a second review, as described in

2 paragraph (1)(A), regarding such non-defense

3 agency’s procurement of property or services on

4 behalf of the Department of Defense in fiscal

5 year 2006; and

6 (B) determine in writing whether such non7 defense agency is or is not compliant with de8 fense procurement requirements.

9 (b) COMPLIANCE WITH DEFENSE PROCUREMENT RE10 QUIREMENTS.—For the purposes of this section, a non-de11 fense agency is compliant with defense procurement require12 ments if such non-defense agency’s procurement policies,

13 procedures, and internal controls applicable to the procure14 ment of products and services on behalf of the Department

15 of Defense, and the manner in which they are administered,

16 are adequate to ensure such non-defense agency’s compli17 ance with the requirements of laws and regulations that

18 apply to procurements of property and services made di19 rectly by the Department of Defense.

20 (c) MEMORANDA OF UNDERSTANDING BETWEEN IN21 SPECTORS GENERAL.—

22 (1) IN GENERAL.—Not later than 30 days after

23 the date of the enactment of this Act, the Inspector

24 General of the Department of Defense and the Inspec25 tor General of each non-defense agency referred to in
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1 subsection (a) shall enter into a memorandum of un2 derstanding with each other to carry out the reviews

3 and make the determinations required by this section.

4 (2) SCOPE OF MEMORANDA.—The Inspector Gen5 eral of the Department of Defense and the Inspector

6 General of a non-defense agency may by mutual

7 agreement conduct separate reviews of the procure8 ment of property and services on behalf of the Depart9 ment of Defense that are conducted by separate busi10 ness units, or under separate governmentwide acquisi11 tion contracts, of such non-defense agency. In any

12 case where such separate reviews are conducted, the

13 Inspectors General shall make separate determina14 tions under paragraphs (1) and (2) of subsection (a),

15 as applicable, with respect to each such separate re16 view.

17 (d) LIMITATIONS ON PROCUREMENTS ON BEHALF OF

18 DEPARTMENT OF DEFENSE.—

19 (1) LIMITATION DURING REVIEW PERIOD.—After

20 March 15, 2006, and before March 16, 2007, no offi21 cial of the Department of Defense may, except as pro22 vided in subsection (e) or (f), order, purchase, or oth23 erwise procure property or services in an amount in

24 excess of $100,000 through a non-defense agency for

25 which a determination described in paragraph
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1 (1)(B)(iii) of subsection (a) has been made under that

2 subsection.

3 (2) LIMITATION AFTER REVIEW PERIOD.—After

4 March 15, 2007, no official of the Department of De5 fense may, except as provided in subsection (e) or (f),

6 order, purchase, or otherwise procure property or

7 services in an amount in excess of $100,000 through

8 a non-defense agency that, having been subject to re9 view under this section, has not been determined

10 under this section as being compliant with defense

11 procurement requirements.

12 (e) EXCEPTION FROM APPLICABILITY OF LIMITA13 TIONS.—

14 (1) EXCEPTION.—No limitation applies under

15 subsection (d) with respect to the procurement of

16 property and services on behalf of the Department of

17 Defense by a particular non-defense agency during

18 any period that there is in effect a determination of

19 the Under Secretary of Defense for Acquisition, Tech20 nology, and Logistics, made in writing, that it is nec21 essary in the interest of the Department of Defense to

22 continue to procure property and services through

23 such non-defense agency.

24 (2) APPLICABILITY OF DETERMINATION.—A

25 written determination with respect to a non-defense
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1 agency under paragraph (1) is in effect for the period,

2 not in excess of one year, that the Under Secretary of

3 Defense for Acquisition, Technology, and Logistics

4 shall specify in the written determination. The Under

5 Secretary may extend from time to time, for up to

6 one year at a time, the period for which the written

7 determination remains in effect.

8 (f) TERMINATION OF APPLICABILITY OF LIMITA9 TIONS.—Subsection (d) shall cease to apply to a non-defense

10 agency on the date on which the Inspector General of the

11 Department of Defense and the Inspector General of that

12 agency jointly—

13 (1) determine that such non-defense agency is

14 compliant with defense procurement requirements;

15 and

16 (2) notify the Secretary of Defense of that deter17 mination.

18 (g) IDENTIFICATION OF PROCUREMENTS MADE DUR19 ING A PARTICULAR FISCAL YEAR.—For the purposes of sub20 section (a), a procurement shall be treated as being made

21 during a particular fiscal year to the extent that funds are

22 obligated by the Department of Defense for that procure23 ment in that fiscal year.

24 (h) INAPPLICABILITY TO CERTAIN GSA CONTRACTS.—

25 This section does not apply as follows:
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1 (1) To Client Support Centers of the Federal

2 Technology Service of the General Services Adminis3 tration, which are subject to review under section 802

4 of the Ronald W. Reagan National Defense Authoriza5 tion Act for Fiscal Year 2005 (Public Law 108–375;

6 118 Stat. 2004; 10 U.S.C. 2302).

7 (2) To any purchase through the multiple award

8 schedules established by the Administrator of General

9 Services, as described in section 2302(2)(C) of title

10 10, United States Code, unless such purchase is made

11 through—

12 (A) a non-defense agency other than the

13 General Services Administration; or

14 (B) a business unit of the General Services

15 Administration that is not responsible for ad16 ministering the multiple award schedules pro17 gram.

18 (i) DEFINITIONS.—In this section:

19 (1) The term ‘‘non-defense agency’’ means a de20 partment or agency of the Federal Government out21 side the Department of Defense, except as excluded

22 under subsection (h).

23 (2) The term ‘‘governmentwide acquisition con24 tract’’, with respect to a non-defense agency, means a

25 task or delivery order contract that—
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1 (A) is entered into by the non-defense agen2 cy; and

3 (B) may be used as the contract under

4 which property or services are procured for one

5 or more other departments or agencies of the

6 Federal Government.

7 SEC. 802. CONTRACT SUPPORT ACQUISITION CENTERS.

8 (a) ESTABLISHMENT.—

9 (1) ORGANIZATION; DUTIES.—Subchapter I of

10 chapter 8 of title 10, United States Code, is amended

11 by adding at the end the following new section:

12 ‘‘§ 197. Contract Support Acquisition Centers

13 ‘‘(a) ESTABLISHMENT.—(1) The Secretary of Defense

14 shall establish within the Defense Logistics Agency a De15 fense Contract Support Acquisition Center.

16 ‘‘(2) The Secretary of each military department shall

17 establish a Contract Support Acquisition Center for that

18 military department.

19 ‘‘(b) DIRECTOR.—(1) The Director of a Contract Sup20 port Acquisition Center is the head of the Center.

21 ‘‘(2)(A) The Secretary of Defense shall appoint the Di22 rector of the Defense Contract Support Acquisition Center.

23 ‘‘(B) The Secretary of a military department shall ap24 point the Director of the Contract Support Acquisition Cen25 ter of that department.
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1 ‘‘(3) The Director of a Contract Support Acquisition

2 Center shall be selected from among commissioned officers

3 of the armed forces on active duty and senior civilian offi4 cers and employees of the Department of Defense who have

5 substantial experience in the acquisition of contract serv6 ices.

7 ‘‘(c) DUTIES REGARDING ACQUISITIONS.—(1)(A) The

8 Director of the Defense Contract Support Acquisition Cen9 ter shall act as the executive agent within the Department

10 of Defense for each acquisition of contract services in excess

11 of the simplified acquisition threshold for the Department

12 of Defense, other than an acquisition referred to in subpara13 graph (B).

14 ‘‘(B) The Director of the Contract Support Acquisition

15 Center of a military department shall act as the executive

16 agent within that military department for each acquisition

17 of contract services in excess of the simplified acquisition

18 threshold for such military department.

19 ‘‘(2) In carrying out paragraph (1), the Director of

20 a Center shall—

21 ‘‘(A) develop and maintain policies, procedures,

22 and best practices guidelines addressing the acquisi23 tion of contract services for the Secretary appointing

24 the Director, including policies, procedures, and best

25 practices guidelines for—
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1 ‘‘(i) acquisition planning;

2 ‘‘(ii) solicitation and contract award;

3 ‘‘(iii) requirements development and man4 agement;

5 ‘‘(iv) contract tracking and oversight;

6 ‘‘(v) performance evaluation; and

7 ‘‘(vi) risk management;

8 ‘‘(B) assign responsibility for carrying out the

9 acquisition of contract services to employees of the

10 Center and other appropriate organizational elements

11 under the jurisdiction of that Secretary;

12 ‘‘(C) dedicate fulltime commodity managers to

13 coordinate the acquisition of key categories of services;

14 ‘‘(D) ensure that contract services being acquired

15 to meet the Secretary’s requirements for those services

16 are acquired by means of a contract, or a task or de17 livery order, that—

18 ‘‘(i) is in the best interests of the Depart19 ment of Defense or, in the case of the Director of

20 the Center for a military department, the best

21 interests of that military department; and

22 ‘‘(ii) is entered into or issued, and is man23 aged, in compliance with applicable laws, regu24 lations, and directives, and other applicable re25 quirements;
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1 ‘‘(E) ensure that competitive procedures and per2 formance-based contracting are used to the maximum

3 extent practicable for the acquisition of contract serv4 ices for that Secretary; and

5 ‘‘(F) monitor data collection under section 2330a

6 of this title and periodically conduct a spending anal7 ysis to ensure that funds expended for the acquisition

8 of contract services for the Secretary are being ex9 pended in the most rational and economical manner

10 practicable.

11 ‘‘(d) DUTIES REGARDING ACQUISITION PERSONNEL.—

12 The Directors of the Contract Support Acquisition Centers

13 shall work with appropriate officials of the Department of

14 Defense—

15 ‘‘(1) to identify the critical skills and com16 petencies needed to carry out the acquisition of con17 tract services on behalf of the Department of Defense;

18 and

19 ‘‘(2) to develop a comprehensive strategy for re20 cruiting, training, and deploying employees to meet

21 the requirements for those skills and competencies.

22 ‘‘(e) SCOPE OF AUTHORITY.—The authority of the Di23 rector of a Contract Support Acquisition Center under this

24 section applies to acquisitions in excess of the simplified

25 acquisition threshold.
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1 ‘‘(f) EXCLUSIVITY OF AUTHORITY.—(1) After Sep2 tember 30, 2009, no officer or employee of the Federal Gov3 ernment outside the Defense Contract Support Acquisition

4 Center may, without the prior written approval of the Di5 rector of the Center or the Secretary of Defense, engage in

6 a procurement action for the acquisition of contract services

7 for the Department of Defense that is valued in excess of

8 the simplified acquisition threshold, other than a procure9 ment action covered by paragraph (2).

10 ‘‘(2) After September 30, 2009, no officer or employee

11 of the Federal Government outside the Contract Support Ac12 quisition Center of a military department may, without the

13 prior written approval of the Director of the Center, the

14 Secretary of Defense, or the Secretary of that military de15 partment, engage in a procurement action for the acquisi16 tion of contract services for that military department that

17 is valued in excess of the simplified acquisition threshold.

18 ‘‘(3) In this subsection, the term ‘procurement action’

19 includes the following actions:

20 ‘‘(A) Entry into a contract or any other form of

21 agreement.

22 ‘‘(B) Issuance of a task order, delivery order, or

23 military interdepartmental purchase request.

24 ‘‘(g) STAFF AND SUPPORT.—(1) The Secretary ap25 pointing the Director of a Contract Support Acquisition
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1 Center shall ensure that the Director of the Center is pro2 vided a staff and administrative support that are adequate

3 for the Director to perform the duties of the position under

4 this section effectively.

5 ‘‘(2) The Secretary of Defense may transfer to the De6 fense Contract Support Acquisition Center any personnel

7 within the Department of Defense whose principal duty is

8 the acquisition of contract services for the Department of

9 Defense.

10 ‘‘(3) The Secretary of a military department may

11 transfer to the Contract Support Acquisition Center of that

12 military department any personnel within such military

13 department whose principal duty is the acquisition of con14 tract services for that military department.

15 ‘‘(h) TRANSFERS OF NONDEFENSE ORGANIZATIONS.—

16 (1) Except as provided in paragraph (5), the Secretary of

17 Defense may accept from the head of a department or agen18 cy outside the Department of Defense a transfer to any of

19 the Contract Support Acquisition Centers of all or part of

20 any organizational unit of such other department or agency

21 that is primarily engaged in the acquisition of contract

22 services if, during the most recent year for which data are

23 available before such transfer, more than 50 percent of the

24 contract services acquired by such organizational unit (de-
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1 termined on the basis of cost) were acquired on behalf of

2 the Department of Defense.

3 ‘‘(2) The head of a department or agency outside the

4 Department of Defense may transfer in accordance with

5 this section an organizational unit that is authorized to be

6 accepted under paragraph (1).

7 ‘‘(3) A transfer under this subsection may be made and

8 accepted only pursuant to a memorandum of understanding

9 that is entered into by the head of the department or agency

10 making the transfer and the Secretary of Defense.

11 ‘‘(4) A transfer of an organizational unit under this

12 section shall include the transfer of the personnel of such

13 organizational unit, the assets of such organizational unit,

14 and the contracts of such organizational unit, to the extent

15 provided in the memorandum of understanding governing

16 the transfer of the unit.

17 ‘‘(5) This section does not authorize a transfer of the

18 multiple award schedule program of the General Services

19 Administration described in section 2302(2)(C) of this title.

20 ‘‘(i) SIMPLIFIED ACQUISITION THRESHOLD.—In this

21 section, the term ‘simplified acquisition threshold’ has the

22 meaning given that term in section 2302(7) of this title.’’.

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of such subchapter is amended

25 by adding at the end the following new item:

‘‘197. Contract Support Acquisition Centers.’’.
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1 (b) IMPLEMENTATION.—

2 (1) PHASED IMPLEMENTATION OF DIRECTOR’S

3 AUTHORITY TO ACT AS EXECUTIVE AGENT.—Notwith4 standing subsections (c)(1) and (e) of section 197 of

5 title 10, United States Code (as added by subsection

6 (a)), the authority of the Director of a Contract Sup7 port Acquisition Center to act under such section as

8 executive agent for acquisitions of contract services be9 fore October 1, 2009, applies only with respect to—

10 (A) contracts in excess of $10,000,000 that

11 are entered into after September 30, 2006, and

12 before October 1, 2009; and

13 (B) any other acquisitions of contract serv14 ices that, as designated by the Secretary who ap15 pointed the Director, are to be carried out for

16 that Secretary by the Director.

17 (2) PROCUREMENT MANAGEMENT STRUCTURE.—

18 The Secretary of Defense shall implement section

19 2330 of title 10, United States Code (relating to a

20 management structure for the procurement of services

21 for the Department of Defense), by designating each

22 Director of the Contract Support Acquisition Center

23 appointed under section 197 of such title (as added

24 by subsection (a)) to act as executive agent for the

25 management of the procurements of services carried
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1 out for the Secretary appointing such Director with

2 respect to—

3 (A) all contracts in excess of $10,000,000

4 that are entered into after September 30, 2006,

5 and before October 1, 2009; and

6 (B) all contracts in excess of the simplified

7 acquisition threshold (as defined in section

8 2302(7) of such title) that are entered into after

9 September 30, 2009.

10 (3) COMPLIANCE WITH CERTAIN PUBLIC LAW

11 108–375 REQUIREMENTS.—For compliance with the re12 quirements of section 854 of the Ronald W. Reagan

13 National Defense Authorization Act for Fiscal Year

14 2005 (Public Law 108–375; 118 Stat. 2022, 10

15 U.S.C. 2304 note), the Secretary concerned shall des16 ignate the Director of the Contract Support Acquisi17 tion Center appointed by that Secretary to act as the

18 executive agent of that Secretary to review and ap19 prove the use of a contract for the acquisition of con20 tract services that—

21 (A) is entered into after September 30,

22 2006, by a department or agency outside the De23 partment of Defense; and

24 (B) if entered into—
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1 (i) before October 1, 2009, is valued in

2 excess of $10,000,000; or

3 (ii) after September 30, 2009, is valued

4 in excess of the simplified acquisition

5 threshold (as defined in section 2302(7) of

6 title 10, United States Code).

7 (4) SECRETARY CONCERNED DEFINED.—In para8 graph (3), the term ‘‘Secretary concerned’’ means the

9 head of an agency named in subsection (f)(1) of sec10 tion 854 of the Ronald W. Reagan National Defense

11 Authorization Act for Fiscal Year 2005 (Public Law

12 108–375; 118 Stat. 2022; 10 U.S.C. 2304 note).

13 SEC. 803. AUTHORITY TO ENTER INTO ACQUISITION AND

14 CROSS-SERVICING AGREEMENTS WITH RE15 GIONAL ORGANIZATIONS OF WHICH THE

16 UNITED STATES IS NOT A MEMBER.

17 (a) ACQUISITION AGREEMENTS.—Section 2341(1) of

18 title 10, United States Code, is amended by striking ‘‘of

19 which the United States is a member’’.

20 (b) CROSS-SERVICING AGREEMENTS.—Section

21 2342(a)(1)(C) of such title is amended by striking ‘‘of which

22 the United States is a member’’.

23 (c) CONFORMING AMENDMENT.—Section 2344(b)(4) of

24 such title is amended by striking ‘‘of which the United

25 States is a member’’.
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1 SEC. 804. REQUIREMENT FOR AUTHORIZATION FOR PRO2 CUREMENT OF MAJOR WEAPON SYSTEMS AS

3 COMMERCIAL ITEMS.

4 (a) REQUIREMENT FOR AUTHORIZATION.—

5 (1) IN GENERAL.—Chapter 140 of title 10,

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

7 the following new section:

8 ‘‘§ 2379. Requirement for authorization for procure9 ment of major weapon systems as commer10 cial items

11 ‘‘(a) REQUIREMENT FOR AUTHORIZATION.—A major

12 weapon system of the Department of Defense may be treated

13 as a commercial item, or purchased under procedures estab14 lished for the procurement of commercial items, only if spe15 cifically authorized by Congress.

16 ‘‘(b) TREATMENT OF SUBSYSTEMS AND COMPONENTS

17 AS COMMERCIAL ITEMS.—A subsystem or component of a

18 major weapon system shall be treated as a commercial item

19 and purchased under procedures established for the procure20 ment of commercial items if such subsystem or component

21 otherwise meets the requirements for treatment as a com22 mercial item.

23 ‘‘(c) MAJOR WEAPON SYSTEM DEFINED.—In this sec24 tion, the term ‘major weapon system’ means a weapon sys25 tem acquired pursuant to a major defense acquisition pro26 gram (as that term is defined in section 2430 of this title).’’.
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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of chapter 140 of such title is

3 amended by adding at the end the following new item:

‘‘2379. Requirement for authorization for procurement of major weapon systems

as commercial items.’’.

4 (b) EFFECTIVE DATE.—The amendments made by sub5 section (a) shall take effect on the date of the enactment

6 of this Act, and shall apply to contracts entered on or after

7 such date.

8 SEC. 805. REPORT ON SERVICE SURCHARGES FOR PUR9 CHASES MADE FOR MILITARY DEPARTMENTS

10 THROUGH OTHER DEPARTMENT OF DEFENSE

11 AGENCIES.

12 (a) REPORTS BY MILITARY DEPARTMENTS.—For each

13 of fiscal years 2005 and 2006, the Secretary of each mili14 tary department shall, not later than 60 days after the last

15 day of that fiscal year, submit to the Under Secretary of

16 Defense for Acquisition, Technology, and Logistics a report

17 on the service charges imposed on such military department

18 for purchases in amounts greater than the simplified acqui19 sition threshold that were made for that military depart20 ment during such fiscal year through a contract entered

21 into by an agency of the Department of Defense other than

22 that military department. The report shall specify the

23 amounts of the service charges and identify the services pro24 vided in exchange for such charges.
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1 (b) ANALYSIS OF MILITARY DEPARTMENT REPORTS.—

2 Not later than 90 days after receiving a report of the Sec3 retary of a military department for a fiscal year under sub4 section (a), the Under Secretary of Defense for Acquisition,

5 Technology, and Logistics shall review the service charges

6 delineated in such report for the acquisitions covered by the

7 report and the services provided in exchange for such

8 charges and shall compare those charges with the costs of

9 the alternative means for making such acquisitions. The

10 analysis shall include the Under Secretary’s determinations

11 of whether the imposition and amounts of the service

12 charges were reasonable.

13 (c) REPORT TO CONGRESS.—Not later than April 1,

14 2006 (for reports for fiscal year 2005 under subsection (a)),

15 and not later than April 1, 2007 (for reports for fiscal year

16 2006 under subsection (a)), the Under Secretary of Defense

17 for Acquisition, Technology, and Logistics shall submit to

18 the congressional defense committees a report on the reports

19 submitted by the Secretaries of the military departments

20 under subsection (a), together with the Under Secretary’s

21 determinations under subsection (b) with regard to the mat22 ters set forth in those reports.

23 (d) SIMPLIFIED ACQUISITION THRESHOLD DE24 FINED.—In this section, the term ‘‘simplified acquisition

25 threshold’’ has the meaning given such term in section 4(11)
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1 of the Office of Federal Procurement Policy Act (41 U.S.C.

2 403(11)).

3 SEC. 806. REVIEW OF DEFENSE ACQUISITION STRUCTURES.

4 (a) REVIEW BY DEFENSE ACQUISITION UNIVERSITY.—

5 The Defense Acquisition University, acting under the direc6 tion and authority of the Under Secretary of Defense for

7 Acquisition, Technology, and Logistics, shall conduct a re8 view of the acquisition structure of the Department of De9 fense, including the acquisition structure of the following:

10 (1) Each military department.

11 (2) Each defense agency.

12 (3) Any other element of the Department of De13 fense that has an acquisition function.

14 (b) ELEMENTS.—

15 (1) IN GENERAL.—In reviewing the acquisition

16 structure of an organization under subsection (a), the

17 Defense Acquisition University shall—

18 (A) determine the current structure of the

19 organization;

20 (B) review the evolution of the current

21 structure of the organization, including the rea22 sons for each reorganization of the structure, and

23 identify any acquisition structures or capabili24 ties that have been divested from the organiza25 tion during the last 15 years;
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1 (C) identify the capabilities needed by the

2 organization to fulfill its function and assess the

3 capacity of the organization, as currently struc4 tured, to provide such capabilities; and

5 (D) identify any gaps, shortfalls, or inad6 equacies relating to acquisitions in the current

7 structure of the organization.

8 (2) EMPHASIS IN REVIEW.—In conducting the

9 review of acquisition structures under subsection (a),

10 the University shall place special emphasis on consid11 eration of—

12 (A) structures and processes for joint acqui13 sition, including actions that may be needed to

14 improve such structures and processes; and

15 (B) actions that may be needed to improve

16 acquisition outcomes.

17 (c) PRIORITY ON COMPLETION OF REVIEW OF ACQUI18 SITION STRUCTURE OF DEPARTMENT OF AIR FORCE.—In

19 conducting the review of acquisition structures under sub20 section (a), the Defense Acquisition University shall give

21 a priority to a review of the acquisition structure of the

22 Department of the Air Force.

23 (d) FUNDING.—The Under Secretary of Defense for Ac24 quisition, Technology, and Logistics shall provide the De-
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1 fense Acquisition University the funds required to conduct

2 the review under subsection (a).

3 (e) REPORTS.—

4 (1) INTERIM REPORT ON STRUCTURE OF DE5 PARTMENT OF AIR FORCE.—Not later than one year

6 after the date of the enactment of this Act, the Defense

7 Acquisition University shall submit to the congres8 sional defense committees an interim report address9 ing the acquisition structure of the Department of the

10 Air Force.

11 (2) FINAL REPORT ON REVIEW.—Not later than

12 180 days after the completion of the review required

13 by subsection (a), the University shall submit to the

14 Under Secretary of Defense for Acquisition, Tech15 nology, and Logistics a report on the review. The re16 port shall include a separate annex on the acquisition

17 structure on each organization covered by the review,

18 which annex—

19 (A) shall address the matters specified

20 under subsection (b) with respect to such organi21 zation; and

22 (B) may include such recommendations

23 with respect to such organization as the Univer24 sity considers appropriate.
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1 (3) TRANSMITTAL OF FINAL REPORT.—Not later

2 than 90 days after the receipt of the report under

3 paragraph (2), the Under Secretary shall transmit to

4 the congressional defense committees a copy of the re5 port, together with the comments of the Under Sec6 retary on the report.

7 (f) DEFENSE ACQUISITION UNIVERSITY DEFINED.—In

8 this section, the term ‘‘Defense Acquisition University’’

9 means the Defense Acquisition University established pur10 suant to section 1746 of title 10, United States Code.

11 SEC. 807. REPORTS ON SIGNIFICANT INCREASES IN PRO12 GRAM ACQUISITION UNIT COSTS OR PRO13 CUREMENT UNIT COSTS OF MAJOR DEFENSE

14 ACQUISITION PROGRAMS.

15 (a) INITIAL REPORT REQUIRED.—Not later than 90

16 days after the date of the enactment of this Act, the Sec17 retary of Defense shall submit to the congressional defense

18 committees a report on the acquisition status of each major

19 defense acquisition program whose program acquisition

20 unit cost or procurement unit cost, as of the date of the

21 enactment of this Act, has exceeded by more than 50 percent

22 the original baseline projection for such unit cost. The re23 port shall include the information specified in subsection

24 (c).
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1 (b) INFORMATION.—The information specified in this

2 subsection with respect to a major defense acquisition pro3 gram is the following:

4 (1) An assessment of the costs to be incurred to

5 complete the program if the program is not modified.

6 (2) An explanation of why the costs of the pro7 gram have increased.

8 (3) A justification for the continuation of the

9 program notwithstanding the increase in costs.

10 (c) MAJOR DEFENSE ACQUISITION PROGRAM DE11 FINED.—In this section, the term ‘‘major defense acquisi12 tion program’’ has the meaning given that term in section

13 2430 of title 10, United States Code.

14 SEC. 808. MODIFICATION OF REQUIREMENTS APPLICABLE

15 TO CONTRACTS AUTHORIZED BY LAW FOR

16 CERTAIN MILITARY MATERIEL.

17 (a) INCLUSION OF COMBAT VEHICLES UNDER RE18 QUIREMENTS.—Section 2401 of title 10, United States

19 Code, is amended—

20 (1) by striking ‘‘vessel or aircraft’’ each place it

21 appears and inserting ‘‘vessel, aircraft, or combat ve22 hicle’’;

23 (2) in subsection (c), by striking ‘‘aircraft or

24 naval vessel’’ each place it appears and inserting

25 ‘‘aircraft, naval vessel, or combat vehicle’’;
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1 (3) in subsection (e), by striking ‘‘aircraft or

2 naval vessels’’ each place it appears and inserting

3 ‘‘aircraft, naval vessels, or combat vehicle’’; and

4 (4) in subsection (f)—

5 (A) by striking ‘‘aircraft and naval vessels’’

6 and inserting ‘‘aircraft, naval vessels, and com7 bat vehicle’’; and

8 (B) by striking ‘‘such aircraft and vessels’’

9 and inserting ‘‘such aircraft, vessels, and combat

10 vehicle’’.

11 (b) ADDITIONAL INFORMATION FOR CONGRESS.—Sub12 section (b) of such section is amended—

13 (1) in paragraph (1)—

14 (A) in subparagraph (B), by striking ‘‘and’’

15 at the end;

16 (B) in subparagraph (C), by striking the

17 period at the end and inserting ‘‘; and’’; and

18 (C) by adding at the end the following new

19 subparagraph:

20 ‘‘(D) the Secretary has certified to those

21 committees—

22 ‘‘(i) that entering into the proposed contract

23 as a means of obtaining the vessel, aircraft, or

24 combat vehicle is the most cost-effective means of
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1 obtaining such vessel, aircraft, or combat vehicle;

2 and

3 ‘‘(ii) that the Secretary has determined that

4 the lease complies with all applicable laws, Office

5 of Management and Budget circulars, and De6 partment of Defense regulations.’’; and

7 (2) by adding at the end the following new para8 graphs:

9 ‘‘(3) Upon receipt of a notice under paragraph

10 (1)(C), a committee identified in paragraph (1)(B)

11 may request the Inspector General of the Department

12 of Defense or the Comptroller General of the United

13 States to conduct a review of the proposed contract to

14 determine whether or not such contract meets the re15 quirements of this section.

16 ‘‘(4) If a review is requested under paragraph

17 (3), the Inspector General of the Department of De18 fense or the Comptroller General of the United States,

19 as the case may be, shall submit to the Secretary and

20 the congressional defense committees a report on such

21 review before the expiration of the period specified in

22 paragraph (1)(C).’’.

23 (c) APPLICABILITY OF ACQUISITION REGULATIONS.—

24 Such section is further amended—
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1 (1) by redesignating subsection (f) as subsection

2 (g); and

3 (2) by inserting after subsection (e) the following

4 new subsection (f):

5 ‘‘(f)(1) If a lease or charter covered by this section is

6 a capital lease or a lease-purchase—

7 ‘‘(A) the lease or charter shall be treated as an

8 acquisition and shall be subject to all applicable stat9 utory and regulatory requirements for the acquisition

10 of aircraft, naval vessels, or combat vehicles; and

11 ‘‘(B) funds appropriated to the Department of

12 Defense for operation and maintenance may not be

13 obligated or expended for the lease or charter.

14 ‘‘(2) In this subsection, the terms ‘capital lease’ and

15 ‘lease-purchase’ have the meanings given those terms in Ap16 pendix B to Office of Management and Budget Circular A–

17 11, as in effect on the date of the enactment of the National

18 Defense Authorization Act for Fiscal Year 2006.’’.

19 (d) CONFORMING AND CLERICAL AMENDMENTS.—

20 (1) The heading of such section is amended to

21 read as follows:
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1 ‘‘§ 2401. Requirement for authorization by law of cer2 tain contracts relating to vessels, aircraft,

3 and combat vehicles’’.

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

5 chapter 141 of such title is amended by striking the

6 item relating to section 2401 and inserting the fol7 lowing new item:

‘‘Sec. 2401. Requirement for authorization by law of certain contracts relating to

vessels, aircraft, and combat vehicles.’’.

8 SEC. 809. REQUIREMENT FOR ANALYSIS OF ALTERNATIVES

9 FOR MAJOR DEFENSE ACQUISITION PRO10 GRAMS.

11 (a) REQUIREMENT.—

12 (1) IN GENERAL.—Chapter 144 of title 10,

13 United States Code, is amended by inserting after sec14 tion 2431 the following new section:

15 ‘‘§ 2431a. Major defense acquisition programs: re16 quirement for analysis of alternatives

17 ‘‘(a) No major defense acquisition program may be

18 commenced before the completion of an analysis of alter19 natives with respect to such program.

20 ‘‘(b) For the purposes of this section, a major defense

21 acquisition program is commenced when the milestone deci22 sion authority approves entry of the program into the first

23 phase of the acquisition process applicable to the program.’’.
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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of chapter 144 of such title is

3 amended by inserting after the item relating to sec4 tion 2431 the following new item:

‘‘2431a. Major defense acquisition programs: requirement for analysis of alternatives.’’.

5 (b) EFFECTIVE DATE.—The amendments made by sub6 section (a) shall take effect on the date of the enactment

7 of this Act, and shall apply with respect to major defense

8 acquisition programs commenced on or after that date.

9 SEC. 809A. REPORT ON USE OF LEAD SYSTEM INTEGRA10 TORS IN THE ACQUISITION OF MAJOR SYS11 TEMS.

12 (a) REPORT REQUIRED.—Not later than 90 days after

13 the date of the enactment of this Act, the Secretary of De14 fense shall submit to the congressional defense committees

15 a report on the use of lead system integrators for the acqui16 sition by the Department of Defense of major systems.

17 (b) CONTENTS.—The report required by subsection (a)

18 shall include a detailed description of the actions taken (in19 cluding a specific timetable), or to be taken, and the current

20 regulations and guidelines regarding—

21 (1) the definition of the respective rights of the

22 Department of Defense, lead system integrators, and

23 other contractors that participate in the development

24 or production of any individual element of the major
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1 weapon system (including subcontractors under lead

2 system integrators) in intellectual property that is de3 veloped by the other participating contractors in a

4 manner that ensures that—

5 (A) the Department of Defense obtains ap6 propriate rights in technical data developed by

7 the other participating contractors in accordance

8 with the requirements of section 2320 of title 10,

9 United States Code; and

10 (B) lead system integrators obtain access to

11 technical data developed by the other partici12 pating contractors only to the extent necessary to

13 execute their contractual obligations as lead sys14 tems integrators;

15 (2) the prevention or mitigation of organiza16 tional conflicts of interest on the part of lead system

17 integrators;

18 (3) the prevention of the performance by lead

19 system integrators of functions closely associated with

20 inherently governmental functions;

21 (4) the appropriate use of competitive procedures

22 in the award of subcontracts by lead system integra23 tors with system responsibility;

24 (5) the prevention of organizational conflicts of

25 interest arising out of any financial interest of lead
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1 system integrators without system responsibility in

2 the development or production of individual elements

3 of a major weapon system; and

4 (6) the prevention of pass-through charges by

5 lead system integrators with system responsibility on

6 systems or subsystems developed or produced under

7 subcontracts where such lead system integrators do

8 not provide significant value added with regard to

9 such systems or subsystems.

10 (c) DEFINITIONS.—In this section:

11 (1) The term ‘‘lead system integrator’’ includes

12 lead system integrators with system responsibility

13 and lead system integrators without system responsi14 bility.

15 (2) The term ‘‘lead system integrator with sys16 tem responsibility’’ means a prime contractor for the

17 development or production of a major system if the

18 prime contractor is not expected at the time of award,

19 as determined by the Secretary of Defense for pur20 poses of this section, to perform a substantial portion

21 of the work on the system and the major subsystems.

22 (3) The term ‘‘lead system integrator without

23 system responsibility’’ means a contractor under a

24 contract for the procurement of services whose pri25 mary purpose is to perform acquisition functions
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1 closely associated with inherently governmental func2 tions with regard to the development or production of

3 a major system.

4 (4) The term ‘‘major system’’ has the meaning

5 given such term in section 2302d of title 10, United

6 States Code.

7 (5) The term ‘‘pass-through charge’’ means a

8 charge for overhead or profit on work performed by

9 a lower-tier contractor (other than charges for the di10 rect costs of managing lower-tier contracts and over11 head and profit based on such direct costs) that does

12 not, as determined by the Secretary for purposes of

13 this section, promote significant value added with re14 gard to such work.

15 (6) The term ‘‘functions closely associated with

16 inherently governmental functions’’ has the meaning

17 given such term in section 2383(b)(3) of title 10,

18 United States Code.

19 SEC. 809B. ACQUISITION STRATEGY FOR COMMERCIAL SAT20 ELLITE COMMUNICATION SERVICES.

21 (a) REQUIREMENT FOR SPEND ANALYSIS.—The Sec22 retary of Defense shall, as a part of the effort of the Depart23 ment of Defense to develop a revised strategy for acquiring

24 commercial satellite communication services, perform a

25 complete spend analysis of the past and current acquisi-
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1 tions by the Department of commercial satellite commu2 nication services.

3 (b) REPORT ON ACQUISITION STRATEGY.—

4 (1) IN GENERAL.—Not later than six months

5 after the date of the enactment of this Act, the Sec6 retary shall submit to Congress a report on the acqui7 sition strategy of the Department of Defense for com8 mercial satellite communications services.

9 (2) ELEMENTS.—The report required by para10 graph (1) shall include the following:

11 (A) A description of the spend analysis re12 quired by subsection (a), including the results of

13 the analysis.

14 (B) The proposed strategy of the Depart15 ment for acquiring commercial satellite commu16 nication services, which strategy shall—

17 (i) be based in appropriate part on the

18 results of the analysis required by sub19 section (a); and

20 (ii) take into account various methods

21 of aggregating purchases and leveraging the

22 purchasing power of the Department, in23 cluding through the use of multiyear con24 tracting for commercial satellite commu25 nication services.
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1 (C) A proposal for such legislative action as

2 the Secretary considers necessary to acquire ap3 propriate types and amounts of commercial sat4 ellite communications services using methods of

5 aggregating purchases and leveraging the pur6 chasing power of the Department (including the

7 use of multiyear contracting), or if the use of

8 such methods is determined inadvisable, a state9 ment of the rationale for such determination.

10 (D) A proposal for such other legislative ac11 tion that the Secretary considers necessary to

12 implement the strategy of the Department for ac13 quiring commercial satellite communication

14 services.

15 SEC. 809C. GUIDANCE ON USE OF TIERED EVALUATION OF

16 OFFERS FOR CONTRACTS AND TASK ORDERS

17 UNDER CONTRACTS.

18 (a) GUIDANCE REQUIRED.—The Secretary of Defense

19 shall prescribe guidance for the military departments and

20 the Defense Agencies on the use of tiered evaluations of offers

21 or proposals of offerors for contracts and for task orders

22 under contracts.

23 (b) ELEMENTS.—The guidance prescribed under sub24 section (a) shall include a prohibition on the initiation by

25 a contracting officer of a tiered evaluation of an offer or
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1 proposal of an offeror for a contract or for a task or delivery

2 order under a contract unless the contracting officer—

3 (1) has conducted market research in accordance

4 with part 10 of the Federal Acquisition Regulation in

5 order to determine whether or not a sufficient number

6 of qualified small businesses are available to justify

7 limiting competition for the award of such contract or

8 task or delivery order under applicable law and regu9 lations;

10 (2) is unable, after conducting market research

11 under paragraph (1), to make the determination de12 scribed in that paragraph; and

13 (3) includes in the contract file a written expla14 nation why such contracting officer was unable to

15 make such determination.

16 SEC. 809D. CONGRESSIONAL NOTIFICATION OF CANCELLA17 TION OF MAJOR AUTOMATED INFORMATION

18 SYSTEMS.

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

20 shall notify the congressional defense committees not less

21 than 60 days before cancelling a major automated informa22 tion system program that has been fielded or approved to

23 be fielded, or making a change that will significantly reduce

24 the scope of such a program, of the proposed cancellation

25 or change.
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1 (b) CONTENT.—Each notification submitted under

2 subsection (a) with respect to the proposed cancellation or

3 change shall include—

4 (1) the specific justification for the proposed

5 change;

6 (2) a description of the impact of the proposed

7 change on the Department’s ability to achieve the ob8 jectives of the program that has been cancelled or

9 changed;

10 (3) a description of the steps that the Depart11 ment plans to take to achieve such objectives; and

12 (4) other information relevant to the change in

13 acquisition strategy.

14 (c) DEFINITIONS.—In this section:

15 (1) The term ‘‘major automated information sys16 tem’’ has the meaning given that term in Department

17 of Defense directive 5000.1.

18 (2) The term ‘‘approved to be fielded’’ means

19 having received Milestone C approval.

20 SEC. 809E. TEMPORARY INAPPLICABILITY OF BERRY

21 AMENDMENT TO PROCUREMENTS OF SPE22 CIALTY METALS USED TO PRODUCE FORCE

23 PROTECTION EQUIPMENT.

24 (a) IN GENERAL.—Section 2533a(a) of title 10, United

25 States Code, shall not apply to the procurement, during the
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1 2-year period beginning on the date of the enactment of this

2 Act, of specialty metals if such specialty metals are used

3 to produce force protection equipment needed to prevent

4 combat fatalities in Iraq or Afghanistan.

5 (b) TREATMENT OF PROCUREMENTS WITHIN PE6 RIOD.—For the purposes of subsection (a), a procurement

7 shall be treated as being made during the 2-year period de8 scribed in that subsection to the extent that funds are obli9 gated by the Department of Defense for that procurement

10 during that period.

11 SEC. 809F. PUBLIC-PRIVATE COMPETITION FOR WORK PER12 FORMED BY CIVILIAN EMPLOYEES OF THE

13 DEPARTMENT OF DEFENSE.

14 (a) LIMITATION.—Section 2461(b) of title 10, United

15 States Code, is amended by adding at the end the following

16 new paragraph:

17 ‘‘(5)(A) Notwithstanding subsection (d), a function of

18 the Department of Defense performed by 10 or more civilian

19 employees may not be converted, in whole or in part, to

20 performance by a contractor unless the conversion is based

21 on the results of a public-private competition process that—

22 ‘‘(i) formally compares the cost of civilian em23 ployee performance of that function with the costs of

24 performance by a contractor;
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1 ‘‘(ii) creates an agency tender, including a most

2 efficient organization plan, in accordance with Office

3 of Management and Budget Circular A–76, as imple4 mented on May 29, 2003; and

5 ‘‘(iii) requires continued performance of the

6 function by civilian employees unless the competitive

7 sourcing official concerned determines that, over all

8 performance periods stated in the solicitation of offers

9 for performance of the activity or function, the cost of

10 performance of the activity or function by a con11 tractor would be less costly to the Department of De12 fense by an amount that equals or exceeds the lesser

13 of $10,000,000 or 10 percent of the most efficient or14 ganization’s personnel-related costs for performance of

15 that activity or function by Federal employees.

16 ‘‘(B) Any function that is performed by civilian em17 ployees of the Department of Defense and is proposed to

18 be reengineered, reorganized, modernized, upgraded, ex19 panded, or changed in order to become more efficient shall

20 not be considered a new requirement for the purpose of the

21 competition requirements in subparagraph (A) or the re22 quirements for public-private competition in Office of Man23 agement and Budget Circular A–76.

24 ‘‘(C) A function performed by more than 10 Federal

25 Government employees may not be separated into separate
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1 functions for the purposes of avoiding the competition re2 quirement in subparagraph (A) or the requirements for

3 public-private competition in Office of Management and

4 Budget Circular A–76.

5 ‘‘(D) The Secretary of Defense may waive the require6 ment for a public-private competition under subparagraph

7 (A) in specific instances if—

8 ‘‘(i) the written waiver is prepared by the Sec9 retary of Defense or the relevant Assistant Secretary

10 of Defense, Secretary of a military department, or

11 head of a Defense Agency;

12 ‘‘(ii) the written waiver is accompanied by a de13 tailed determination that national security interests

14 preclude compliance with the requirement for a pub15 lic-private competition; and

16 ‘‘(iii) a copy of the waiver is published in the

17 Federal Register within 10 working days after the

18 date on which the waiver is granted, although use of

19 the waiver need not be delayed until its publication.’’.

20 (b) INAPPLICABILITY TO BEST-VALUE SOURCE SELEC21 TION PILOT PROGRAM.—Paragraph (5) of section 2461(b)

22 of title 10, United States Code, as added by subsection (a),

23 shall not apply with respect to the pilot program for best24 value source selection for performance of information tech25 nology services authorized by section 336 of the National
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1 Defense Authorization Act for Fiscal Year 2004 (Public

2 Law 108–136; 117 Stat. 1444; 10 U.S.C. 2461 note).

3 (c) REPEAL OF SUPERSEDED LAW.—Section 327 of

4 the Ronald W. Reagan National Defense Authorization Act

5 for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 2461

6 note) is repealed.

7 SEC. 809G. PERFORMANCE OF CERTAIN WORK BY FEDERAL

8 GOVERNMENT EMPLOYEES.

9 (a) GUIDELINES.—

10 (1) IN GENERAL.—The Secretary of Defense shall

11 prescribe guidelines and procedures for ensuring that

12 consideration is given to using Federal Government

13 employees on a regular basis for work that is per14 formed under Department of Defense contracts and

15 could be performed by Federal Government employees.

16 (2) CRITERIA.—The guidelines and procedures

17 prescribed under paragraph (1) shall provide for spe18 cial consideration to be given to contracts that—

19 (A) have been performed by Federal Govern20 ment employees at any time on or after October

21 1, 1980;

22 (B) are associated with the performance of

23 inherently governmental functions;

24 (C) were not awarded on a competitive

25 basis; or
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1 (D) have been determined by a contracting

2 officer to be poorly performed due to excessive

3 costs or inferior quality.

4 (b) NEW REQUIREMENTS.—

5 (1) LIMITATION ON REQUIRING PUBLIC-PRIVATE

6 COMPETITION.—No public-private competition may be

7 required under Office of Management and Budget

8 Circular A–76 or any other provision of law or regu9 lation before the performance of a new requirement by

10 Federal Government employees commences, the per11 formance by Federal Government employees of work

12 pursuant to subsection (a) commences, or the scope of

13 an existing activity performed by Federal Govern14 ment employees is expanded. Office of Management

15 and Budget Circular A–76 shall be revised to ensure

16 that the heads of all Federal agencies give fair consid17 eration to the performance of new requirements by

18 Federal Government employees.

19 (2) CONSIDERATION OF FEDERAL GOVERNMENT

20 EMPLOYEES.—The Secretary of Defense shall, to the

21 maximum extent practicable, ensure that Federal

22 Government employees are fairly considered for the

23 performance of new requirements, with special consid24 eration given to new requirements that include func25 tions that—
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1 (A) are similar to functions that have been

2 performed by Federal Government employees at

3 any time on or after October 1, 1980; or

4 (B) are associated with the performance of

5 inherently governmental functions.

6 (c) USE OF FLEXIBLE HIRING AUTHORITY.—The Sec7 retary shall include the use of the flexible hiring authority

8 available through the National Security Personnel System

9 in order to facilitate performance by Federal Government

10 employees of new requirements and work that is performed

11 under Department of Defense contracts.

12 (d) INSPECTOR GENERAL REPORT.—Not later than

13 180 days after the enactment of this Act, the Inspector Gen14 eral of the Department of Defense shall submit to the Com15 mittees on Armed Services of the Senate and the House of

16 Representatives a report on the compliance of the Secretary

17 of Defense with the requirements of this section.

18 (e) DEFINITIONS.—In this section:

19 (1) The term ‘‘National Security Personnel Sys20 tem’’ means the human resources management system

21 established under the authority of section 9902 of title

22 5, United States Code.

23 (2) The term ‘‘inherently governmental function’’

24 has the meaning given that term in section 5 of the

25 Federal Activities Inventory Reform Act of 1998
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1 (Public Law 105–270; 112 Stat. 2384; 31 U.S.C. 501

2 note).

3 SEC. 809H. CONTRACTING FOR PROCUREMENT OF CERTAIN

4 SUPPLIES AND SERVICES.

5 (a) MODIFICATION OF LIMITATION ON CONVERSION TO

6 CONTRACTOR PERFORMANCE.—Section 8014(a)(3) of the

7 Department of Defense Appropriations Act, 2005 (Public

8 law 108–287; 118 Stat. 972) is amended—

9 (1) in subparagraph (A), by inserting ‘‘, pay10 ment that could be used in lieu of such a plan, health

11 savings account, or medical savings account’’ after

12 ‘‘health insurance plan’’; and

13 (2) in subparagraph (B), by striking ‘‘that re14 quires’’ and all that follows through the end and in15 serting ‘‘that does not comply with the requirements

16 of any Federal law governing the provision of health

17 care benefits by Government contractors that would be

18 applicable if the contractor performed the activity or

19 function under the contract.’’.

20 SEC. 809I. MODIFICATION AND EXTENSION OF PILOT PRO21 GRAM ON SHARE-IN-SAVINGS CONTRACTS.

22 (a) INCLUSION OF INFORMATION TECHNOLOGY IM23 PROVEMENTS IN SHARE-IN-SAVINGS.—Paragraph (1) of

24 subsection (a) of section 2332 of title 10, United States

25 Code, is amended by adding at the end the following new
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1 sentence: ‘‘Each such contract shall provide that the con2 tractor shall incur the cost of implementing information

3 technology improvements, including costs incurred in ac4 quiring, installing, maintaining, and upgrading informa5 tion technology equipment and training personnel in the

6 use of such equipment, in exchange for a share of any sav7 ings directly resulting from the implementation of such im8 provements during the term of the contract.’’.

9 (b) CONTRACT PERFORMANCE EVALUATION.—Such

10 subsection is further amended—

11 (1) in paragraph (3), by striking ‘‘, to the max12 imum extent practicable,’’;

13 (2) by striking paragraph (4);

14 (3) by redesignating paragraph (5) as para15 graph (7); and

16 (4) inserting after paragraph (3) the following

17 new paragraphs:

18 ‘‘(4) The head of an agency that enters into contracts

19 pursuant to the authority of this section shall establish a

20 panel of employees of such agency, independent of any pro21 gram office or contracting office responsible for awarding

22 and administering such contracts, for the purpose of

23 verifying performance baselines and methodologies for cal24 culating savings resulting from the implementation of in25 formation technology improvements under such contracts.
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1 Employees assigned to any such panel shall have experience

2 and expertise appropriate for the duties of such panel.

3 ‘‘(5) Each contract awarded pursuant to the authority

4 of this section shall include a provision containing a quan5 tifiable baseline of current and projected costs, a method6 ology for calculating actual costs during the period of per7 formance, and a savings share ratio governing the amount

8 of payments the contractor is to receive under such contract

9 that are certified by a panel established pursuant to para10 graph (4) to be financially sound and based on the best

11 available information.

12 ‘‘(6) Each contract awarded pursuant to the authority

13 of this section shall—

14 ‘‘(A) provide that aggregate payments to the con15 tractor may not exceed the amount the agency would

16 have paid, in accordance with the baseline of current

17 and projected costs incorporated in such contract,

18 during the period covered by such contract; and

19 ‘‘(B) require an independent annual audit of ac20 tual costs in accordance with the methodology estab21 lished under paragraph (5)(B), which shall serve as

22 a basis for annual payments based on savings share

23 ratio established in such contract.’’.

24 (c) EXTENSION OF PILOT PROGRAM.—Such section is

25 further amended—
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1 (1) in subsection (b)(3)(B), by striking ‘‘fiscal

2 years 2003, 2004, and 2005’’ and inserting ‘‘fiscal

3 years 2003 through 2007’’; and

4 (2) in subsection (d), by striking ‘‘September 30,

5 2005’’ and inserting ‘‘September 30, 2007’’.

6 (d) REPORTS TO CONGRESS.—

7 (1) SECRETARY OF DEFENSE REPORTS.—Not

8 later than March 31, 2006, and each year thereafter

9 until the year after the termination of the pilot pro10 gram under section 2332 of title 10, United States

11 Code (as amended by subsection (a)), the Secretary of

12 Defense shall submit to Congress a report containing

13 a list of each contract entered into by each Federal

14 agency under such section during the preceding year

15 that contains terms providing for the contractor to

16 implement information technology improvements in

17 exchange for a share of the savings derived from the

18 implementation of such improvements. The report

19 shall set forth, for each contract listed—

20 (A) the information technology performance

21 acquired by reason of the improvements con22 cerned;

23 (B) the total amount of payments made to

24 the contractor during the year covered by the re25 port; and
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1 (C) the total amount of savings or other

2 measurable benefits realized by the Federal agen3 cy during such year as a result of such improve4 ments.

5 (2) COMPTROLLER GENERAL REPORTS.—Not

6 later than two months after the Secretary submits a

7 report required by paragraph (1), the Comptroller

8 General of the United States shall submit to Congress

9 a report on the costs and benefits to the United States

10 of the implementation of the technology improvements

11 under the contracts covered by such report, together

12 with such recommendations as the Comptroller Gen13 eral considers appropriate.

14 SEC. 809J. SENSE OF SENATE ON APPLICABILITY OF COM15 PETITION EXCEPTIONS TO ELIGIBILITY OF

16 NATIONAL GUARD FOR FINANCIAL ASSIST17 ANCE FOR PERFORMANCE OF ADDITIONAL

18 DUTIES.

19 It is the sense of the Senate that the amendment made

20 by section 806 of the Ronald W. Reagan National Defense

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

22 375; 118 Stat. 2010) permits the Secretary of Defense to

23 provide financial assistance to the Army National Guard

24 for the performance of additional duties specified in section

25 113(a) of title 32, United States Code, without the use of
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1 competitive procedures under the standard exceptions to the

2 use of such procedures in accordance with section 2304(c)

3 of title 10, United States Code.

4 Subtitle B—Defense Industrial Base

5 Matters

6 SEC. 811. CLARIFICATION OF EXCEPTION FROM BUY AMER7 ICAN REQUIREMENTS FOR PROCUREMENT OF

8 PERISHABLE FOOD FOR ESTABLISHMENTS

9 OUTSIDE THE UNITED STATES.

10 Section 2533a(d)(3) of title 10, United States Code,

11 is amended by inserting ‘‘, or for,’’ after ‘‘perishable foods

12 by’’.

13 SEC. 812. CONDITIONAL WAIVER OF DOMESTIC SOURCE OR

14 CONTENT REQUIREMENTS FOR CERTAIN

15 COUNTRIES WITH RECIPROCAL DEFENSE

16 PROCUREMENT AGREEMENTS WITH THE

17 UNITED STATES.

18 (a) AUTHORITY FOR ANNUAL WAIVER.—Subchapter V

19 of chapter 148 of title 10, United States Code, is amended

20 by adding at the end the following new section:
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1 ‘‘§ 2539c. Domestic source or content requirements:

2 one-year waiver for certain countries with

3 reciprocal defense procurement agree4 ments with the United States

5 ‘‘(a) WAIVER AUTHORITY.—Subject to subsection (g),

6 upon making a determination under subsection (b) that a

7 foreign country described by that subsection has not quali8 tatively or quantitatively increased exports of defense items,

9 as determined by the Secretary of Defense for purposes of

10 this section, to the People’s Republic of China during the

11 fiscal year in which such determination is made, the Sec12 retary of Defense may waive the application of any domes13 tic source requirement or domestic content requirement re14 ferred to in subsection (c) and thereby authorize the pro15 curement of items that are grown, reprocessed, reused, pro16 duced, or manufactured in such foreign country during the

17 fiscal year following the fiscal year in which such deter18 mination is made.

19 ‘‘(b) ANNUAL DETERMINATIONS.—Not later than Sep20 tember 30 each fiscal year, the Secretary of Defense may

21 determine whether or not a foreign country with which the

22 United States had in force during such fiscal year a recip23 rocal defense procurement memorandum of understanding

24 or agreement qualitatively or quantitatively increased ex25 ports of defense items to the People’s Republic of China dur-
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1 ing such fiscal year. Each such determination shall be in

2 writing.

3 ‘‘(c) COVERED REQUIREMENTS.—For purposes of this

4 section:

5 ‘‘(1) A domestic source requirement is any re6 quirement under law that the Department of Defense

7 satisfy its requirements for an item by procuring an

8 item that is grown, reprocessed, reused, produced, or

9 manufactured in the United States or by a manufac10 turer that is a part of the national technology and in11 dustrial base (as defined in section 2500(1) of this

12 title).

13 ‘‘(2) A domestic content requirement is any re14 quirement under law that the Department of Defense

15 satisfy its requirements for an item by procuring an

16 item produced or manufactured partly or wholly from

17 components and materials grown, reprocessed, reused,

18 produced, or manufactured in the United States.

19 ‘‘(d) EFFECTIVE PERIOD OF WAIVER.—Any waiver of

20 the application of any domestic source requirement or do21 mestic content with respect to a foreign country under sub22 section (a) shall be effective only for the fiscal year following

23 the fiscal year in which is made the determination on which

24 such waiver is based.
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1 ‘‘(e) LIMITATION ON DELEGATION.—The authority of

2 the Secretary of Defense to waive the application of domes3 tic source or content requirements under subsection (a) may

4 not be delegated to any officer or employee other than the

5 Deputy Secretary of Defense or the Under Secretary of De6 fense for Acquisition, Technology, and Logistics.

7 ‘‘(f) CONSULTATIONS.—The Secretary of Defense may

8 grant a waiver of the application of a domestic source or

9 content requirement under subsection (a) only after con10 sultation with the United States Trade Representative, the

11 Secretary of Commerce, and the Secretary of State.

12 ‘‘(g) LAWS NOT WAIVABLE.—The Secretary of Defense

13 may not exercise the authority under subsection (a) to

14 waive any domestic source or content requirement con15 tained in any of the following laws:

16 ‘‘(1) The Small Business Act (15 U.S.C. 631 et

17 seq.).

18 ‘‘(2) The Javits-Wagner-O’Day Act (41 U.S.C.

19 46 et seq.).

20 ‘‘(3) Section 2533a of this title.

21 ‘‘(4) Sections 7309 and 7310 of this title.

22 ‘‘(h) RELATIONSHIP TO OTHER WAIVER AUTHOR23 ITY.—The authority under subsection (a) to waive a domes24 tic source requirement or domestic content requirement is
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1 in addition to any other authority to waive such require2 ment.

3 ‘‘(i) CLARIFICATION OF RELATIONSHIP WITH BUY

4 AMERICAN ACT.—Nothing in this section shall be construed

5 to alter in any way the applicability of the Buy American

6 Act (41 U.S.C. 10a), or the authority of the Secretary of

7 Defense to waive the requirements of such Act, with respect

8 to the procurement of any item to which such Act would

9 apply without regard to this section.

10 ‘‘(j) CONSTRUCTION WITH RESPECT TO LATER EN11 ACTED LAWS.—This section may not be construed as being

12 inapplicable to a domestic source requirement or domestic

13 content requirement that is set forth in a law enacted after

14 the enactment of this section solely on the basis of the later

15 enactment of such law.’’.

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

17 the beginning of subchapter V of such chapter is amended

18 by adding at the end the following new item:

‘‘2539c. Domestic source or content requirements: one-year waiver for certain

countries with reciprocal defense procurement agreements with

the United States.’’.

19 SEC. 813. CONSISTENCY WITH UNITED STATES OBLIGA20 TIONS UNDER TRADE AGREEMENTS.

21 No provision of this Act or any amendment made by

22 this Act shall apply to a procurement by or for the Depart23 ment of Defense to the extent that the Secretary of Defense,

24 in consultation with the Secretary of Commerce, the United
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1 States Trade Representative, and the Secretary of State, de2 termines that it is inconsistent with United States obliga3 tions under a trade agreement.

4 SEC. 814. RESEARCH AND DEVELOPMENT EFFORTS FOR

5 PURPOSES OF SMALL BUSINESS RESEARCH.

6 (a) IN GENERAL.—Section 9 of the Small Business Act

7 (15 U.S.C. 638) is amended by adding at the end the fol8 lowing:

9 ‘‘(x) RESEARCH AND DEVELOPMENT FOCUS.—

10 ‘‘(1) REVISION AND UPDATE OF CRITERIA AND

11 PROCEDURES OF IDENTIFICATION.—In carrying out

12 subsection (g), the Secretary of Defense shall, not less

13 often than once every 4 years, revise and update the

14 criteria and procedures utilized to identify areas of

15 the research and development efforts of the Depart16 ment of Defense which are suitable for the provision

17 of funds under the Small Business Innovation Re18 search Program and the Small Business Technology

19 Transfer Program.

20 ‘‘(2) UTILIZATION OF PLANS.—The criteria and

21 procedures described in paragraph (1) shall be devel22 oped through the use of the most current versions of

23 the following plans:

24 ‘‘(A) The joint warfighting science and tech25 nology plan required under section 270 of the
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1 National Defense Authorization Act for Fiscal

2 Year 1997 (10 U.S.C. 2501 note).

3 ‘‘(B) The Defense Technology Area Plan of

4 the Department of Defense.

5 ‘‘(C) The Basic Research Plan of the De6 partment of Defense.

7 ‘‘(3) INPUT IN IDENTIFICATION OF AREAS OF EF8 FORT.—The criteria and procedures described in

9 paragraph (1) shall include input in the identifica10 tion of areas of research and development efforts de11 scribed in that paragraph from Department of De12 fense program managers (PMs) and program execu13 tive officers (PEOs).

14 ‘‘(y) COMMERCIALIZATION PILOT PROGRAM.—

15 ‘‘(1) IN GENERAL.—The Secretary of Defense and

16 the Secretary of each military department is author17 ized to create and administer a ‘Commercialization

18 Pilot Program’ to accelerate the transition of tech19 nologies, products, and services developed under the

20 Small Business Innovation Research Program to

21 Phase III, including the acquisition process.

22 ‘‘(2) IDENTIFICATION OF RESEARCH PROGRAMS

23 FOR ACCELERATED TRANSITION TO ACQUISITION

24 PROCESS.—In carrying out the Commercialization

25 Pilot Program, the Secretary of Defense and the Sec-
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1 retary of each military department shall identify re2 search programs of the Small Business Innovation

3 Research Program that have the potential for rapid

4 transitioning to Phase III and into the acquisition

5 process.

6 ‘‘(3) LIMITATION.—No research program may be

7 identified under paragraph (2), unless the Secretary

8 of the military department concerned certifies in

9 writing that the successful transition of the program

10 to Phase III and into the acquisition process is ex11 pected to meet high priority military requirements of

12 such military department.

13 ‘‘(4) FUNDING.—For payment of expenses in14 curred to administer the Commercialization Pilot

15 Program under this subsection, the Secretary of De16 fense and each Secretary of a military department is

17 authorized to use not more than an amount equal to

18 1 percent of the funds available to the Department of

19 Defense or the military department pursuant to the

20 Small Business Innovation Research Program. Such

21 funds—

22 ‘‘(A) shall not be subject to the limitations

23 on the use of funds in subsection (f)(2); and

24 ‘‘(B) shall not be used to make Phase III

25 awards.
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1 ‘‘(5) EVALUATIVE REPORT.—At the end of each

2 fiscal year, the Secretary of Defense and each Sec3 retary of a military department shall submit to the

4 Committee on Armed Services and the Committee on

5 Small Business and Entrepreneurship of the Senate

6 and the Committee on Armed Services and the Com7 mittee on Small Business of the House of Representa8 tives an evaluative report regarding activities under

9 the Commercialization Pilot Program. The report

10 shall include—

11 ‘‘(A) an accounting of the funds used in the

12 Commercialization Pilot Program;

13 ‘‘(B) a detailed description of the Commer14 cialization Pilot Program, including incentives

15 and activities undertaken by acquisition pro16 gram managers, program executive officers, and

17 by prime contractors; and

18 ‘‘(C) a detailed compilation of results

19 achieved by the Commercialization Pilot Pro20 gram, including the number of small business

21 concerns assisted and a number of inventions

22 commercialized.

23 ‘‘(6) SUNSET.—The pilot program under this

24 subsection shall terminate at the end of fiscal year

25 2009.’’.
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1 (b) IMPLEMENTATION OF EXECUTIVE ORDER 13329.—

2 Section 9 of the Small Business Act (15 U.S.C. 638) is

3 amended—

4 (1) in subsection (b)—

5 (A) in paragraph (6), by striking ‘‘and’’ at

6 the end;

7 (B) in paragraph (7), by striking the period

8 at the end and inserting ‘‘; and’’; and

9 (C) by adding at the end the following:

10 ‘‘(8) to provide for and fully implement the te11 nets of Executive Order 13329 (Encouraging Innova12 tion in Manufacturing).’’;

13 (2) in subsection (g)—

14 (A) in paragraph (9), by striking ‘‘and’’ at

15 the end;

16 (B) in paragraph (10), by striking the pe17 riod at the end and inserting ‘‘; and’’; and

18 (C) by adding at the end the following:

19 ‘‘(11) provide for and fully implement the tenets

20 of Executive Order 13329 (Encouraging Innovation

21 in Manufacturing).’’; and

22 (3) in subsection (o)—

23 (A) in paragraph (14), by striking ‘‘and’’

24 at the end;
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1 (B) in paragraph (15), by striking the pe2 riod at the end and inserting ‘‘; and’’; and

3 (C) by adding at the end the following:

4 ‘‘(16) provide for and fully implement the tenets

5 of Executive Order 13329 (Encouraging Innovation

6 in Manufacturing).’’.

7 (c) TESTING AND EVALUATION AUTHORITY.—Section

8 9(e) of the Small Business Act (15 U.S.C. 638(e)) is

9 amended—

10 (1) in paragraph (7), by striking ‘‘and’’ at the

11 end;

12 (2) in paragraph (8), by striking the period at

13 the end and inserting ‘‘; and’’; and

14 (3) by adding at the end the following:

15 ‘‘(9) the term ‘commercial applications’ shall not

16 be construed to exclude testing and evaluation of

17 products, services, or technologies for use in technical

18 or weapons systems, and further, awards for testing

19 and evaluation of products, services, or technologies

20 for use in technical or weapons systems may be made

21 in either the second or the third phase of the Small

22 Business Innovation Research Program and of the

23 Small Business Technology Transfer Program, as de24 fined in this subsection.’’.
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1 Subtitle C—Defense Contractor

2 Matters

3 SEC. 821. REQUIREMENTS FOR DEFENSE CONTRACTORS RE4 LATING TO CERTAIN FORMER DEPARTMENT

5 OF DEFENSE OFFICIALS.

6 (a) REQUIREMENTS.—

7 (1) IN GENERAL.—Chapter 141 of title 10,

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

9 the following new section:

10 ‘‘§ 2410p. Defense contractors: requirements con11 cerning former Department of Defense of12 ficials

13 ‘‘(a) IN GENERAL.—Each contract for the procurement

14 of goods or services in excess of $10,000,000, other than a

15 contract for the procurement of commercial items, that is

16 entered into by the Department of Defense shall include a

17 provision under which the contractor agrees to submit to

18 the Secretary of Defense, not later than April 1 of each year

19 such contract is in effect, a written report setting forth the

20 information required by subsection (b).

21 ‘‘(b) REPORT INFORMATION.—A report by a contractor

22 under subsection (a) shall—

23 ‘‘(1) list the name of each person who—
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1 ‘‘(A) is a former officer or employee of the

2 Department of Defense or a former or retired

3 member of the armed forces; and

4 ‘‘(B) during the preceding calendar year

5 was provided compensation by the contractor, if

6 such compensation was first provided by the

7 contractor—

8 ‘‘(i) not more than two years after such

9 officer, employee, or member left service in

10 the Department of Defense; and

11 ‘‘(ii) not more than two years before

12 the date on which the report is required to

13 be submitted; and

14 ‘‘(2) in the case of each person listed under para15 graph (1)—

16 ‘‘(A) identify the agency in which such per17 son was employed or served on active duty dur18 ing the last two years of such person’s service

19 with the Department of Defense;

20 ‘‘(B) state such person’s job title and iden21 tify each major defense system, if any, on which

22 such person performed any work with the De23 partment of Defense during the last two years of

24 such person’s service with the Department; and
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1 ‘‘(C) state such person’s current job title

2 with the contractor and identify each major de3 fense system on which such person has performed

4 any work on behalf of the contractor.’’.

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of chapter 141 of such title is

7 amended by adding at the end the following new item:

‘‘2410p. Defense contractors: requirements concerning former Department of Defense officials.’’.

8 (b) EFFECTIVE DATE.—The amendments made by sub9 section (a) shall take effect on the date of the enactment

10 of this Act, and shall apply with respect to contracts entered

11 into on or after that date.

12 SEC. 822. REVIEW OF CERTAIN CONTRACTOR ETHICS MAT13 TERS.

14 (a) IN GENERAL.—The Secretary of Defense shall, in

15 consultation with the Director of the Office of Government

16 Ethics and the Administrator for Federal Procurement Pol17 icy, conduct a review of the ethics considerations raised by

18 the following:

19 (1) The performance by contractor employees of

20 functions closely associated with inherently govern21 mental functions.

22 (2) The performance by contractor employees of

23 other functions historically performed by Government

24 employees in the Federal workplace.
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1 (b) OPTIONS TO BE ADDRESSED.—The review under

2 subsection (a) shall include the consideration of a broad

3 range of options for addressing the ethics considerations de4 scribed in that subsection, including—

5 (1) amending the Federal Acquisition Regulation

6 to address ethics and personal conflict of interest con7 cerns for contractor employees;

8 (2) implementing the Federal Acquisition Regu9 lation, as so amended, through the incorporation of

10 appropriate provisions in Federal agency contracts

11 and in the solicitations for such contracts;

12 (3) requiring such contracts and solicitations to

13 state that contractor employees will be bound by cer14 tain ethics standards, whether contractor-imposed or

15 Government-imposed;

16 (4) encouraging Federal agency personnel to con17 sider including provisions in contracts and solicita18 tions that address conflict of interest issues and re19 quire contractor personnel to receive training on Gov20 ernment ethics rules; and

21 (5) continuing to identify and mitigate conflicts

22 and ethics concerns involving contractor personnel on

23 a case-by-case basis.

24 (c) REPORT.—
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1 (1) IN GENERAL.—Not later than 6 months after

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

3 shall submit to the congressional defense committees a

4 report setting forth the findings and recommendations

5 of the Secretary as a result of the review under sub6 section (a) and the consideration of options under

7 subsection (b).

8 (2) ADDITIONAL VIEWS.—The report under para9 graph (1) shall set forth the views, if any, of the Di10 rector of the Office of Government Ethics and the Ad11 ministrator for Federal Procurement Policy on the

12 matters covered by the report.

13 (d) FUNCTIONS CLOSELY ASSOCIATED WITH INHER14 ENTLY GOVERNMENTAL FUNCTIONS DEFINED.—In this sec15 tion, the term ‘‘functions closely associated with inherently

16 governmental functions’’ has the meaning given such term

17 in section 2383(b)(3) of title 10, United States Code.

18 SEC. 823. CONTRACT FRAUD RISK ASSESSMENT.

19 (a) RISK ASSESSMENT TEAM.—(1) Not later than 30

20 days after the date of the enactment of this Act, the Sec21 retary of Defense shall establish a risk assessment team to

22 assess the vulnerability of Department of Defense contracts

23 to fraud, waste, and abuse.

24 (2) The risk assessment team shall be chaired by the

25 Inspector General of the Department of Defense and shall
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1 include representatives of the Defense Logistics Agency, the

2 Defense Contract Management Agency, the Defense Contract

3 Audit Agency, the Army, the Navy, and the Air Force.

4 (3) The risk assessment team shall—

5 (A) review the contracting systems and internal

6 controls of the Department of Defense and the systems

7 and controls of prime contractors of the Department

8 of Defense to identify areas of vulnerability of De9 partment of Defense contracts to fraud, waste, and

10 abuse; and

11 (B) prepare a report on the results of its review.

12 (4) Not later than six months after the date of the en13 actment of this Act, the chairman of the risk assessment

14 team shall submit the report prepared under paragraph

15 (3)(B) to the Secretary of Defense and the congressional de16 fense committees.

17 (b) COMPTROLLER GENERAL REVIEW.—(1) Not later

18 than 60 days after the date on which the report of the risk

19 assessment team is submitted under subsection (a)(4), the

20 Comptroller General of the United States shall—

21 (A) review the methodology used by the risk as22 sessment team and the results of the team’s review;

23 and

24 (B) submit a report on the Comptroller General’s

25 review to the congressional defense committees.
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1 (2) The report under paragraph (1)(B) shall include

2 the Comptroller General’s findings and any recommenda3 tions that the Comptroller considers appropriate.

4 (c) ACTION PLAN.—Not later than three months after

5 receiving the report of the risk assessment team under sub6 section (a)(4), the Secretary of Defense shall develop and

7 submit to the congressional defense committees a plan of

8 actions for addressing the areas of vulnerability identified

9 in the report. If the Secretary determines that no action

10 is necessary with regard to an area of vulnerability, the

11 report shall include a discussion of the rationale for that

12 determination.

13 SEC. 824. REPORTS ON CERTAIN DEFENSE CONTRACTS IN

14 IRAQ AND AFGHANISTAN.

15 (a) QUARTERLY REPORTS.—

16 (1) IN GENERAL.—Not later than 90 days after

17 the date of the enactment of this Act, and every 90

18 days thereafter, the Secretary of Defense shall submit

19 to the appropriate committees of Congress a report

20 that lists and describes each task or delivery order

21 contract or other contract related to security and re22 construction activities in Iraq and Afghanistan in

23 which an audit conducted by an investigative or

24 audit component of the Department of Defense during
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1 the 90-day period ending on the date of such report

2 resulted in a finding described in subsection (b).

3 (2) COVERAGE OF SUBCONTRACTS.—For pur4 poses of this section, any reference to a contract shall

5 be treated as a reference to such contract and to any

6 subcontracts under such contract.

7 (b) COVERED FINDING.—A finding described in this

8 subsection with respect to a task or delivery order contract

9 or other contract described in subsection (a) is a finding

10 by an investigative or audit component of the Department

11 of Defense that the contract includes costs that are unsup12 ported, questioned, or both.

13 (c) REPORT INFORMATION.—Each report under sub14 section (a) shall include, with respect to each task or deliv15 ery order contract or other contract covered by such

16 report—

17 (1) a description of the costs determined to be

18 unsupported, questioned, or both; and

19 (2) a statement of the amount of such unsup20 ported or questioned costs and the percentage of the

21 total value of such task or delivery order that such

22 costs represent.

23 (d) WITHHOLDING OF PAYMENTS.—In the event that

24 any costs under a task or delivery order contract or other

25 contract described in subsection (a) are determined by an
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1 investigative or audit component of the Department of De2 fense to be unsupported, questioned, or both, the appropriate

3 Federal procurement personnel may withhold from amounts

4 otherwise payable to the contractor under such contract a

5 sum of up to 100 percent of the total amount of such costs.

6 (e) RELEASE OF WITHHELD PAYMENTS.—Upon a sub7 sequent determination by the appropriate Federal procure8 ment personnel, or investigative or audit component of the

9 Department of Defense, that any unsupported or questioned

10 costs for which an amount payable was withheld under sub11 section (d) has been determined to be allowable, or upon

12 a settlement negotiated by the appropriate Federal procure13 ment personnel, the appropriate Federal procurement per14 sonnel may release such amount for payment to the con15 tractor concerned.

16 (f) INCLUSION OF INFORMATION ON WITHHOLDING

17 AND RELEASE IN QUARTERLY REPORTS.—Each report

18 under subsection (a) after the initial report under that sub19 section shall include the following:

20 (1) A description of each action taken under sub21 section (d) or (e) during the period covered by such

22 report.

23 (2) A justification of each determination or nego24 tiated settlement under subsection (d) or (e) that ap25 propriately explains the determination of the applica-
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1 ble Federal procurement personnel in terms of reason2 ableness, allocability, or other factors affecting the ac3 ceptability of the costs concerned.

4 (g) DEFINITIONS.—In this section:

5 (1) The term ‘‘appropriate committees of Con6 gress’’ means—

7 (A) the Committees on Appropriations,

8 Armed Services, and Homeland Security and

9 Governmental Affairs of the Senate; and

10 (B) the Committees on Appropriations,

11 Armed Services, and Government Reform of the

12 House of Representatives.

13 (2) The term ‘‘investigative or audit component

14 of the Department of Defense’’ means any of the fol15 lowing:

16 (A) The Office of the Inspector General of

17 the Department of Defense.

18 (B) The Defense Contract Audit Agency.

19 (C) The Defense Contract Management

20 Agency.

21 (D) The Army Audit Agency.

22 (E) The Naval Audit Service.

23 (F) The Air Force Audit Agency.
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1 (3) The term ‘‘questioned’’, with respect to a cost,

2 means an unreasonable, unallocable, or unallowable

3 cost.

4 Subtitle D—Defense Acquisition

5 Workforce Matters

6 SEC. 831. AVAILABILITY OF FUNDS IN ACQUISITION WORK7 FORCE TRAINING FUND FOR DEFENSE ACQUI8 SITION WORKFORCE IMPROVEMENTS.

9 (a) AVAILABILITY OF DEPARTMENT OF DEFENSE CON10 TRACT FEES FOR DEFENSE ACQUISITION UNIVERSITY.—

11 Section 37 of the Office of Federal Procurement Policy Act

12 (41 U.S.C. 433) is amended—

13 (1) in subsection (a), by striking ‘‘This section’’

14 and inserting ‘‘Except as otherwise provided, this sec15 tion’’; and

16 (2) in subsection (h)(3)—

17 (A) in subparagraph (B), by striking

18 ‘‘(other than the Department of Defense)’’ in the

19 first sentence;

20 (B) by redesignating subparagraphs (D),

21 (E), (F), and (G) as subparagraphs (E), (F),

22 (G), and (H), respectively;

23 (C) by inserting after subparagraph (C) the

24 following new subparagraph (D):
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1 ‘‘(D) The Administrator of General Services

2 shall credit to the Defense Acquisition University

3 fees collected in accordance with subparagraph

4 (B) from the Department of Defense. Amounts so

5 credited shall be used to develop and expand

6 training for the defense acquisition workforce.’’;

7 and

8 (D) in subparagraph (E), as so redesig9 nated, by striking ‘‘the purpose specified in sub10 paragraph (A)’’ and inserting ‘‘the purposes

11 specified in subparagraphs (A) and (D)’’.

12 (b) CONFORMING AMENDMENT.—Section 1412 of the

13 National Defense Authorization Act for Fiscal year 2004

14 (Public Law 108–136; 117 Stat. 1664; 41 U.S.C. 433 note)

15 is amended by striking subsection (c).

16 SEC. 832. LIMITATION AND REINVESTMENT AUTHORITY RE17 LATING TO REDUCTION OF THE DEFENSE AC18 QUISITION AND SUPPORT WORKFORCE.

19 (a) LIMITATION.—Notwithstanding any other provi20 sion of law, the defense acquisition and support workforce

21 may not be reduced, during fiscal years 2006, 2007, and

22 2008, below the level of that workforce as of September 30,

23 2004, determined on the basis of full-time employee equiva24 lence, except as may be necessary to strengthen the defense
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1 acquisition and support workforce in higher priority posi2 tions in accordance with this section.

3 (b) INCREASE AND REALIGNMENT OF WORKFORCE.—

4 (1)(A) During fiscal years 2006, 2007, and 2008, the Sec5 retary of Defense shall increase the number of persons em6 ployed in the defense acquisition and support workforce as

7 follows:

8 (i) During fiscal year 2006, to 105 percent of the

9 baseline number (as defined in subparagraph (B)).

10 (ii) During fiscal year 2007, to 110 percent of

11 the baseline number.

12 (iii) During fiscal year 2008, to 115 percent of

13 the baseline number.

14 (B) In this paragraph, the term ‘‘baseline number’’,

15 with respect to persons employed in the defense acquisition

16 and support workforce, means the number of persons em17 ployed in such workforce as of September 30, 2004 (deter18 mined on the basis of full-time employee equivalence).

19 (C) The Secretary of Defense may waive a requirement

20 in subparagraph (A) and, subject to subsection (a), employ

21 in the defense acquisition and support workforce a lesser

22 number of employees if the Secretary determines and cer23 tifies to the congressional defense committees that the cost

24 of increasing such workforce to the larger size as required

25 under that subparagraph would exceed the savings to be de-
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1 rived from the additional oversight that would be achieved

2 by having a defense acquisition and support workforce of

3 such larger size.

4 (2) During fiscal years 2006, 2007, and 2008, the Sec5 retary of Defense may realign any part of the defense acqui6 sition and support workforce to support reinvestment in

7 other, higher priority positions in such workforce.

8 (c) HIGHER PRIORITY POSITIONS.—For the purposes

9 of this section, higher priority positions in the defense ac10 quisition and support workforce include the following posi11 tions:

12 (1) Positions the responsibilities of which include

13 system engineering.

14 (2) Positions the responsibilities of which include

15 drafting performance-based work statements for serv16 ices contracts and overseeing the performance of con17 tracts awarded pursuant to such work statements.

18 (3) Positions the responsibilities of which include

19 conducting spending analyses, negotiating company20 wide pricing agreements, and taking other measures

21 to reduce contract costs.

22 (4) Positions the responsibilities of which include

23 reviewing contractor quality control systems, assess24 ing and analyzing quality deficiency reports, and

25 taking other measures to improve product quality.
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1 (5) Positions the responsibilities of which include

2 effectively conducting public-private competitions in

3 accordance with Office of Management and Budget

4 Circular A–76.

5 (6) Any other positions in the defense acquisition

6 and support workforce that the Secretary of Defense

7 identifies as being higher priority positions that are

8 staffed at levels not likely to ensure efficient and effec9 tive performance of all of the responsibilities of those

10 positions.

11 (d) STRATEGIC ASSESSMENT AND PLAN.—(1) The Sec12 retary of Defense shall—

13 (A) assess the extent to which the Department of

14 Defense can recruit, retain, train, and provide profes15 sional development opportunities for acquisition pro16 fessionals over the 10-fiscal year period beginning

17 with fiscal year 2006; and

18 (B) develop a human resources strategic plan for

19 the defense acquisition and support workforce that in20 cludes objectives and planned actions for improving

21 the management of such workforce.

22 (2) The Secretary shall submit to Congress, not later

23 than April 1, 2006, a report on the progress made in—

24 (A) completing the assessment required under

25 paragraph (1); and
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1 (B) completing and implementing the strategic

2 plan required under such paragraph.

3 (e) DEFENSE ACQUISITION AND SUPPORT WORKFORCE

4 DEFINED.—In this section, the term ‘‘defense acquisition

5 and support workforce’’ means members of the Armed

6 Forces and civilian personnel who are assigned to, or are

7 employed in, an organization of the Department of Defense

8 that has acquisition as its predominant mission, as deter9 mined by the Secretary of Defense.

10 SEC. 833. TECHNICAL AMENDMENTS RELATING TO DE11 FENSE ACQUISITION WORKFORCE IMPROVE12 MENTS.

13 Section 1732 of title 10, United States Code, is

14 amended—

15 (1) in subsection (c)—

16 (A) by striking ‘‘(b)(2)(A) and (b)(2)(B)’’

17 each place it appears in paragraphs (1) and (2)

18 and inserting ‘‘(b)(1)(A) and (b)(1)(B)’’; and

19 (B) by striking paragraph (3); and

20 (2) in subsection (d)(2), by striking

21 ‘‘(b)(2)A)(ii)’’ and inserting ‘‘(b)(1)(A)(ii)’’.
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1 SEC. 834. TRAINING FOR DEFENSE ACQUISITION WORK2 FORCE ON THE REQUIREMENTS OF THE

3 BERRY AMENDMENT.

4 (a) TRAINING DURING FISCAL YEAR 2006.—The Sec5 retary of Defense shall ensure that each member of the de6 fense acquisition workforce who participates personally and

7 substantially in the acquisition of textiles on a regular basis

8 receives training during fiscal year 2006 on the require9 ments of section 2533a of title 10, United States Code (com10 monly referred to as the ‘‘Berry Amendment’’), and the reg11 ulations implementing that section.

12 (b) INCLUSION OF INFORMATION IN NEW TRAINING

13 PROGRAMS.—The Secretary shall ensure that any training

14 program for the defense acquisition workforce development

15 or implemented after the date of the enactment of this Act

16 includes comprehensive information on the requirements de17 scribed in subsection (a).

18 Subtitle E—Other Matters

19 SEC. 841. EXTENSION OF CONTRACT GOAL FOR SMALL DIS20 ADVANTAGED BUSINESS AND CERTAIN INSTI21 TUTIONS OF HIGHER EDUCATION.

22 Section 2323(k) of title 10, United States Code, is

23 amended by striking ‘‘2006’’ both places it appears and in24 serting ‘‘2009’’.
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1 SEC. 842. CODIFICATION AND MODIFICATION OF LIMITA2 TION ON MODIFICATION OF MILITARY EQUIP3 MENT WITHIN FIVE YEARS OF RETIREMENT

4 OR DISPOSAL.

5 (a) CODIFICATION AND MODIFICATION OF LIMITA6 TION.—

7 (1) IN GENERAL.—Chapter 141 of title 10,

8 United States Code, as amended by section 821(a)(1)

9 of this Act, is further amended by adding at the end

10 the following new section:

11 ‘‘§ 2410q. Modification of equipment within five years

12 of retirement or disposal

13 ‘‘(a) IN GENERAL.—Except as provided in subsection

14 (b), a military department may not modify an aircraft, ves15 sel, weapon, or other item of equipment if the military de16 partment plans to retire or otherwise dispose of such equip17 ment within 5 years of the date of the completion of such

18 modification.

19 ‘‘(b) EXCEPTIONS.—The prohibition in subsection (a)

20 shall not apply to any modification as follows:

21 ‘‘(1) A modification for safety purposes.

22 ‘‘(2) Any other modification but only if the ag23 gregate cost of all such modifications for the aircraft,

24 vessel, weapon, or other item of equipment concerned

25 during any fiscal year, including any procurement,

26 installation, or removal costs, is less than $100,000.
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1 ‘‘(c) WAIVER.—The Secretary of a military depart2 ment may waive the prohibition in subsection (a) with re3 spect to a modification referred to in that subsection if such

4 Secretary—

5 ‘‘(1) determines that the waiver is in the na6 tional security interests of the United States; and

7 ‘‘(2) notifies the congressional defense committees

8 of such determination in writing.’’.

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of such chapter, as amended by

11 section 821(a)(2) of this Act, is further amended by

12 adding at the end the following new item:

‘‘2410q. Modification of equipment within five years of retirement or disposal.’’.

13 (b) REPEAL OF SUPERSEDED LIMITATION.—Section

14 8053 of the Department of Defense Appropriations Act,

15 1998 (Public Law 105–56; 111 Stat. 1232; 10 U.S.C. 2241

16 note) is repealed.

17 SEC. 843. CLARIFICATION OF RAPID ACQUISITION AUTHOR18 ITY TO RESPOND TO COMBAT EMERGENCIES.

19 (a) SCOPE OF AUTHORITY.—Subsection (c) of section

20 806 of the Bob Stump National Defense Authorization Act

21 for Fiscal Year 2003 (10 U.S.C. 2302 note) is amended—

22 (1) by striking ‘‘combat capability’’ each place it

23 appears; and

24 (2) by striking ‘‘fatalities’’ each place it appears

25 and inserting ‘‘casualties’’.
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1 (b) DELEGATION OF AUTHORITY.—Such subsection is

2 further amended in paragraph (1) by inserting ‘‘below the

3 Deputy Secretary of Defense’’ after ‘‘delegation’’.

4 (c) WAIVER AUTHORITY.—Subsection (d)(1) of such

5 section is further amended—

6 (1) in subparagraph (B), by striking ‘‘or’’;

7 (2) in subparagraph (C), by striking the period

8 and inserting ‘‘; or’’; and

9 (3) by adding at the end the following new sub10 paragraph:

11 ‘‘(D) domestic source or content restrictions that

12 would inhibit or impede the rapid acquisition of the

13 equipment.’’.

14 SEC. 844. MODIFICATION OF AUTHORITY TO CARRY OUT

15 CERTAIN PROTOTYPE PROJECTS.

16 Section 845 of the National Defense Authorization Act

17 for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended—

18 (1) in subsection (a)—

19 (A) by striking ‘‘The Director’’ and insert20 ing ‘‘(1) Subject to paragraph (2), the Director’’;

21 and

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

23 paragraph:

24 ‘‘(2) The authority of this section—
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1 ‘‘(A) does not extend to any prototype project

2 that is expected to cost in excess of $100,000,000; and

3 ‘‘(B) may be exercised for a prototype project

4 that is expected to cost in excess of $20,000,000 only

5 upon a written determination by the senior procure6 ment executive for the agency (as designated for the

7 purpose of section 16(c) of the Office of Federal Pro8 curement Policy Act (41 U.S.C. 414(c)) that—

9 ‘‘(i) the requirements of subsection (d) will

10 be met; and

11 ‘‘(ii) the use of a standard contact, grant, or

12 cooperative agreement for such project is not fea13 sible or appropriate.’’;

14 (2) by redesignating subsection (h) as subsection

15 (i); and

16 (3) by inserting after subsection (g) the following

17 new subsection (h):

18 ‘‘(h) APPLICABILITY OF PROCUREMENT ETHICS RE19 QUIREMENTS.—An agreement entered into under the au20 thority of this section shall be treated as a Federal agency

21 procurement for the purposes of section 27 of the Office of

22 Federal Procurement Policy Act (41 U.S.C. 423).’’.
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1 SEC. 845. EXTENSION OF CERTAIN AUTHORITIES ON CON2 TRACTING WITH EMPLOYERS OF PERSONS

3 WITH DISABILITIES.

4 Section 853 of the Ronald W. Reagan National Defense

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

6 375; 118 Stat. 2021) is amended by striking ‘‘September

7 30, 2005’’ in subsections (a)(2)(A) and (b)(2)(A) and in8 serting ‘‘September 30, 2006’’.

9 SEC. 846. PILOT PROGRAM ON EXPANDED PUBLIC-PRIVATE

10 PARTNERSHIPS FOR RESEARCH AND DEVEL11 OPMENT.

12 (a) PILOT PROGRAM AUTHORIZED.—The Secretary of

13 Defense may carry out a pilot program to authorize the

14 organizations referred to in subsection (b) to enter into co15 operative research and development agreements under sec16 tion 12 of the Stevenson-Wydler Technology Innovation Act

17 of 1980 (15 U.S.C. 3710a) in order to assess the benefits

18 of such agreements for such organizations and for the De19 partment of Defense as a whole.

20 (b) COVERED ORGANIZATIONS.—The organizations re21 ferred to in this subsection are as follows:

22 (1) The National Defense University.

23 (2) The Defense Acquisition University.

24 (3) The Joint Forces Command.

25 (4) The United States Transportation Command.
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1 (c) LIMITATION.—No agreement may be entered into,

2 or continue in force, under the pilot program under sub3 section (a) after September 30, 2009.

4 (d) REPORT.—Not later than February 1, 2009, the

5 Secretary shall submit to the congressional defense commit6 tees a report on the pilot program under subsection (a). The

7 report shall include—

8 (1) a description of any agreements entered into

9 under the pilot program; and

10 (2) the assessment of the Secretary of the benefits

11 of the agreements entered into under the pilot pro12 gram for the organizations referred to in subsection

13 (b) and for the Department of Defense as a whole.

14 SEC. 847. INCREASED LIMIT APPLICABLE TO ASSISTANCE

15 PROVIDED UNDER CERTAIN PROCUREMENT

16 TECHNICAL ASSISTANCE PROGRAMS.

17 Section 2414(a)(2) of title 10, United States Code, is

18 amended by striking ‘‘$150,000’’ and inserting ‘‘$300,000’’.

19 SEC. 848. REPORTS OF ADVISORY PANEL ON LAWS AND

20 REGULATIONS ON ACQUISITION PRACTICES.

21 (a) EXTENSION OF FINAL REPORT.—Section 1423(d)

22 of the Services Acquisition Reform Act of 2003 (title XIV

23 of Public Law 108–136; 117 Stat. 1669; 41 U.S.C. 405

24 note) is amended by striking ‘‘one year’’ and inserting ‘‘two

25 years’’.
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1 (b) REQUIREMENT FOR INTERIM REPORT.—That sec2 tion is further amended—

3 (1) by inserting ‘‘(1)’’ before ‘‘Not later than’’;

4 and

5 (2) by adding at the end the following new para6 graph:

7 ‘‘(2) Not later than one year after the date of the estab8 lishment of the panel, the panel shall submit to the official

9 and committees referred to in paragraph (1) an interim

10 report on the matters set forth in that paragraph.’’.

11 SEC. 849. EXCLUSION OF CERTAIN SECURITY EXPENSES

12 FROM CONSIDERATION FOR PURPOSE OF

13 SMALL BUSINESS SIZE STANDARDS.

14 Section 3(a) of the Small Business Act (15 U.S.C.

15 632(a)), is amended by adding at the end the following:

16 ‘‘(4) EXCLUSION OF CERTAIN SECURITY EXPENSES

17 FROM CONSIDERATION FOR PURPOSE OF SMALL BUSINESS

18 SIZE STANDARDS.—

19 ‘‘(A) DETERMINATION REQUIRED.—Not later

20 than 30 days after the date of enactment of this para21 graph, the Administrator shall review the application

22 of size standards established pursuant to paragraph

23 (2) to small business concerns that are performing

24 contracts in qualified areas and determine whether it

25 would be fair and appropriate to exclude from consid-
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1 eration in the average annual gross receipts of such

2 small business concerns any payments made to such

3 small business concerns by Federal agencies to reim4 burse such small business concerns for the cost of sub5 contracts entered for the sole purpose of providing se6 curity services in a qualified area.

7 ‘‘(B) ACTION REQUIRED.—Not later than 60

8 days after the date of enactment of this paragraph,

9 the Administrator shall either—

10 ‘‘(i) initiate an adjustment to the size

11 standards, as described in subparagraph (A), if

12 the Administrator determines that such an ad13 justment would be fair and appropriate; or

14 ‘‘(ii) provide a report to the Committee on

15 Small Business and Entrepreneurship of the

16 Senate and the Committee on Small Business of

17 the House of Representatives explaining in detail

18 the basis for the determination by the Adminis19 trator that such an adjustment would not be fair

20 and appropriate.

21 ‘‘(C) QUALIFIED AREAS.—In this paragraph, the

22 term ‘qualified area’ means—

23 ‘‘(i) Iraq,

24 ‘‘(ii) Afghanistan, and
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1 ‘‘(iii) any foreign country which included a

2 combat zone, as that term is defined in section

3 112(c)(2) of the Internal Revenue Code of 1986,

4 at the time of performance of the relevant Fed5 eral contract or subcontract.’’.

6 SEC. 850. SMALL BUSINESS CONTRACTING IN OVERSEAS

7 PROCUREMENTS.

8 Section 15(g) of the Small Business Act (15 U.S.C.

9 644(g)) is amended by adding at the end the following:

10 ‘‘(3) SMALL BUSINESS CONTRACTING IN OVERSEAS

11 PROCUREMENTS.—

12 ‘‘(A) STATEMENT OF CONGRESSIONAL POLICY.—

13 It is the policy of the Congress that Federal agencies

14 shall endeavor to meet the contracting goals estab15 lished under this subsection, regardless of the geo16 graphic area in which the contracts will be performed.

17 ‘‘(B) AUTHORIZATION TO USE CONTRACTING

18 MECHANISMS.—Federal agencies are authorized to use

19 any of the contracting mechanisms authorized in this

20 Act for the purpose of complying with the Congres21 sional policy set forth in subparagraph (A).

22 ‘‘(C) REPORT TO CONGRESSIONAL COMMIT23 TEES.—Not later than 1 year after the date of enact24 ment of this paragraph, the Administrator and the

25 Chief Counsel for Advocacy shall submit to the Com-
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1 mittee on Small Business and Entrepreneurship of

2 the Senate and Committee on Small Business of the

3 House of Representatives a report on the activities

4 undertaken by Federal agencies, offices, and depart5 ments to carry out this paragraph.’’.

6 SEC. 851. FAIR ACCESS TO MULTIPLE-AWARD CONTRACTS.

7 Section 15(g) of the Small Business Act (15 U.S.C.

8 644(g)) is amended by adding at the end the following:

9 ‘‘(3) FAIR ACCESS TO MULTIPLE-AWARD CONTRACTS.—

10 ‘‘(A) STATEMENT OF CONGRESSIONAL POLICY.—

11 It is the policy of the Congress that Federal agencies

12 shall endeavor to meet the contracting goals estab13 lished under this subsection with regard to orders

14 under multiple-award contracts, including Federal

15 Supply Schedule contracts and multi-agency con16 tracts.

17 ‘‘(B) AUTHORIZATION FOR LIMITED COMPETI18 TION.—The head of a contracting agency may include

19 in any contract entered under section 2304a(d)(1)(B)

20 or 2304b(e) of title 10, United States Code, a clause

21 setting aside a specific share of awards under such

22 contract pursuant to a competition that is limited to

23 small business concerns, if the head of the contracting

24 agency determines that such limitation is necessary to
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1 comply with the congressional policy stated in sub2 paragraph (A).

3 ‘‘(C) REPORT REQUIREMENT.—

4 ‘‘(i) IN GENERAL.—Not later than 180 days

5 after the date of enactment of this paragraph, the

6 Administrator shall submit a report on the level

7 of participation of small business concerns in

8 multiple-award contracts, including Federal

9 Supply Schedule contracts, to the Committee on

10 Small Business and Entrepreneurship of the

11 Senate and the Committee on Small Business of

12 the House of Representatives.

13 ‘‘(ii) CONTENTS.—The report required by

14 clause (i) shall include, for the most recent 2-

15 year period for which data are available—

16 ‘‘(I) the total number of multiple17 award contracts;

18 ‘‘(II) the total number of small busi19 ness concerns that received multiple-award

20 contracts;

21 ‘‘(III) the total number of orders under

22 multiple-award contracts;

23 ‘‘(IV) the total value of orders under

24 multiple-award contracts;
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1 ‘‘(V) the number of orders received by

2 small business concerns under multiple3 award contracts;

4 ‘‘(VI) the value of orders received by

5 small business concerns under multiple6 award contracts;

7 ‘‘(VII) the number of small business

8 concerns that received orders under mul9 tiple-award contracts; and

10 ‘‘(VIII) such other information as may

11 be relevant.’’.

12 SEC. 852. DISASTER RELIEF FOR SMALL BUSINESS CON13 CERNS DAMAGED BY DROUGHT.

14 (a) DROUGHT DISASTER AUTHORITY.—

15 (1) DEFINITION OF DISASTER.—Section 3(k) of

16 the Small Business Act (15 U.S.C. 632(k)) is

17 amended—

18 (A) by inserting ‘‘(1)’’ after ‘‘(k)’’; and

19 (B) by adding at the end the following:

20 ‘‘(2) For purposes of section 7(b)(2), the term ‘disaster’

21 includes—

22 ‘‘(A) drought; and

23 ‘‘(B) below average water levels in the Great

24 Lakes, or on any body of water in the United States

25 that supports commerce by small business concerns.’’.
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1 (2) DROUGHT DISASTER RELIEF AUTHORITY.—

2 Section 7(b)(2) of the Small Business Act (15 U.S.C.

3 636(b)(2)) is amended—

4 (A) by inserting ‘‘(including drought), with

5 respect to both farm-related and nonfarm-related

6 small business concerns,’’ before ‘‘if the Adminis7 tration’’; and

8 (B) in subparagraph (B), by striking ‘‘the

9 Consolidated Farmers Home Administration Act

10 of 1961 (7 U.S.C. 1961)’’ and inserting the fol11 lowing: ‘‘section 321 of the Consolidated Farm

12 and Rural Development Act (7 U.S.C. 1961), in

13 which case, assistance under this paragraph may

14 be provided to farm-related and nonfarm-related

15 small business concerns, subject to the other ap16 plicable requirements of this paragraph’’.

17 (b) LIMITATION ON LOANS.—From funds otherwise ap18 propriated for loans under section 7(b) of the Small Busi19 ness Act (15 U.S.C. 636(b)), not more than $9,000,000 may

20 be used during each of fiscal years 2005 through 2008, to

21 provide drought disaster loans to nonfarm-related small

22 business concerns in accordance with this section and the

23 amendments made by this section.

24 (c) PROMPT RESPONSE TO DISASTER REQUESTS.—

25 Section 7(b)(2)(D) of the Small Business Act (15 U.S.C.
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1 636(b)(2)(D)) is amended by striking ‘‘Upon receipt of such

2 certification, the Administration may’’ and inserting ‘‘Not

3 later than 30 days after the date of receipt of such certifi4 cation by a Governor of a State, the Administration shall

5 respond in writing to that Governor on its determination

6 and the reasons therefore, and may’’.

7 (d) RULEMAKING.—Not later than 45 days after the

8 date of enactment of this Act, the Administrator of the

9 Small Business Administration shall promulgate final rules

10 to carry out this section and the amendments made by this

11 section.

12 SEC. 853. RADIO FREQUENCY IDENTIFIER TECHNOLOGY.

13 (a) SMALL BUSINESS STRATEGY.—As part of imple14 menting its requirement that contractors use radio fre15 quency identifier technology, the Secretary of Defense shall

16 develop and implement a strategy to educate the small busi17 ness community regarding radio frequency identifier tech18 nology requirements, compliance, standards, and opportu19 nities.

20 (b) REPORTING.—Not later than 180 days after the

21 date of enactment of this Act, the Secretary of Defense shall

22 submit a report to the Committee on Small Business and

23 Entrepreneurship and the Committee on Armed Services of

24 the Senate and the Committee on Small Business and the

25 Committee on Armed Services of the House of Representa-
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1 tives detailing the status of the efforts by the Secretary of

2 Defense to establish requirements for radio frequency identi3 fier technology used in Department of Defense contracting,

4 including—

5 (1) standardization of the data required to be re6 ported by such technology;

7 (2) standardization of the manufacturing quality

8 required for such technology; and

9 (3) the status of the efforts of the Secretary of

10 Defense to develop and implement a strategy to edu11 cate the small business community, as required by

12 section (a).

13 SEC. 854. ENSURING TRANSPARENCY IN FEDERAL CON14 TRACTING.

15 (a) PUBLICATION OF INFORMATION ON FEDERAL CON16 TRACTOR PENALTIES AND VIOLATIONS.—

17 (1) The Secretary of Defense shall maintain a

18 publicly-available website that provides information

19 on instances in which major contractors have been

20 fined, paid penalties or restitution, settled, plead

21 guilty to, or had judgments entered against them in

22 connection with allegations of improper conduct. The

23 website shall be updated not less than once a year.

24 (2) For the purpose of this subsection, a major

25 contractor is a contractor that receive at least
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1 $100,000,000 in Federal contracts in the most recent

2 fiscal year for which data are available.

3 (b) REPORT ON FEDERAL SOLE SOURCE CONTRACTS

4 RELATED TO IRAQ RECONSTRUCTION.—

5 (1) REPORT REQUIRED.—Not later than 120

6 days after the date of the enactment of this Act, the

7 Administrator for Federal Procurement Policy shall

8 submit to Congress a report on all sole source con9 tracts in excess of $2,000,000 entered into by execu10 tive agencies in connection with Iraq reconstruction

11 from January 1, 2003, through the date of the enact12 ment of this Act.

13 (2) CONTENT.—The report submitted under

14 paragraph (1) shall include the following information

15 with respect to each such contract:

16 (A) The date the contract was awarded.

17 (B) The contract number.

18 (C) The name of the contractor.

19 (D) The amount awarded.

20 (E) A brief description of the work to be

21 performed under the contract.

22 (3) EXECUTIVE AGENCY DEFINED.—In this sub23 section, the term ‘‘executive agency’’ has the meaning

24 given such term in section 4 of the Office of Federal

25 Procurement Policy Act (41 U.S.C. 403).
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1 SEC. 855. TERMINATION OF PROGRAM.

2 Section 711(c) of the Small Business Competitive

3 Demonstration Program Act of 1988 (15 U.S.C. 644 note)

4 is amended by inserting after ‘‘January 1, 1989’’ the fol5 lowing: ‘‘, and shall terminate on the date of enactment of

6 the National Defense Authorization Act for Fiscal Year

7 2006’’.

8 SEC. 856. MODIFICATION OF LIMITED ACQUISITION AU9 THORITY FOR THE COMMANDER OF THE

10 UNITED STATES JOINT FORCES COMMAND.

11 (a) SCOPE OF AUTHORITY.—Subsection (a) of section

12 167a of title 10, United States Code, is amended by striking

13 and ‘‘and acquire’’ and inserting ‘‘, acquire, and sustain’’.

14 (b) INAPPLICABILITY TO CERTAIN SYSTEMS FUNDED

15 WITH OPERATION AND MAINTENANCE FUNDS.—Subsection

16 (d) of such section is amended—

17 (1) in paragraph (1), by striking ‘‘or’’ at the

18 end;

19 (2) in paragraph (2), by striking the period at

20 the end and inserting ‘‘; or’’; and

21 (3) by adding at the end the following new para22 graph:

23 ‘‘(3) the total expenditure for operation and

24 maintenance is estimated to be $2,000,000 or more.’’.

25 (c) EXTENSION OF AUTHORITY.—Subsection (f) of such

26 section is amended—
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1 (1) by striking ‘‘through 2006’’ and inserting

2 ‘‘through 2009’’; and

3 (2) by striking ‘‘September 30, 2006’’ and insert4 ing ‘‘September 30, 2009’’.

5 SEC. 857. CONTRACTING INCENTIVE FOR SMALL POWER

6 PLANTS ON FORMER MILITARY BASES.

7 (a) AUTHORIZATION.—Notwithstanding the limi8 tation in section 501(b)(1)(B) of title 40, United

9 States Code, the Administrator of the General Serv10 ices Administration is authorized to contract for pub11 lic utility services for a period of not more than 20

12 years, provided that such services are electricity serv13 ices procured from a small power plant located on a

14 qualified HUBZone base closure area.

15 (b) DEFINITION OF SMALL POWER PLANT.—In

16 this section, the term small power plant includes any

17 power facility or project with electrical output of not

18 more than 60 megawatts.

19 (c) DEFINITION OF PUBLIC UTILITY ELECTRIC

20 SERVICES.—In this section, the term ‘‘public utility

21 services’’, with respect to electricity services, includes

22 electricity supplies and services, including trans23 mission, generation, distribution, and other services

24 directly used in providing electricity.
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1 (d) DEFINITION OF HUBZONE BASE CLOSURE

2 AREA.—In this section, the term ‘‘HUBZone base clo3 sure area’’ has the same meaning as such term is de4 fined in section 3(p)(4)(D) the Small Business Act,

5 15 U.S.C. 632(p)(4)(D).

6 (e) APPLICABILITY OF OTHER PROVISIONS OF

7 LAW.—Contracting pursuant to this section shall be

8 subject to all other laws and regulations applicable to

9 contracting for public utility services.

10 SEC. 858. EXTENSION OF ANNUAL REPORTS ON MATURITY

11 OF TECHNOLOGY AT INITIATION OF MAJOR

12 DEFENSE ACQUISITION PROGRAMS.

13 Section 804(a) of the National Defense Authorization

14 Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat.

15 1180) is amended by striking ‘‘through 2006’’ and inserting

16 ‘‘through 2010’’.

17 TITLE IX—DEPARTMENT OF DE18 FENSE ORGANIZATION AND

19 MANAGEMENT

20 Subtitle A—Duties and Functions of

21 Department of Defense Officers

22 and Organizations

23 SEC. 901. DIRECTORS OF SMALL BUSINESS PROGRAMS.

24 (a) REDESIGNATION OF EXISTING POSITIONS AND OF25 FICES.—(1) Each of the following positions within the De-
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1 partment of Defense is redesignated as the Director of Small

2 Business Programs:

3 (A) The Director of Small and Disadvantaged

4 Business Utilization of the Department of Defense.

5 (B) The Director of Small and Disadvantaged

6 Business Utilization of the Department of the Army.

7 (C) The Director of Small and Disadvantaged

8 Business Utilization of the Department of the Navy.

9 (D) The Director of Small and Disadvantaged

10 Business Utilization of the Department of the Air

11 Force.

12 (2) Each of the following offices within the Department

13 of Defense is redesignated as the Office of Small Business

14 Programs:

15 (A) The Office of Small and Disadvantaged

16 Business Utilization of the Department of Defense.

17 (B) The Office of Small and Disadvantaged

18 Business Utilization of the Department of the Army.

19 (C) The Office of Small and Disadvantaged

20 Business Utilization of the Department of the Navy.

21 (D) The Office of Small and Disadvantaged

22 Business Utilization of the Department of the Air

23 Force.

24 (3) Any reference in any law, regulation, document,

25 paper, or other record of the United States to a position
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1 or office redesignated by paragraph (1) or (2) shall be

2 deemed to be a reference to the position or office as so redes3 ignated.

4 (b) DEPARTMENT OF DEFENSE POSITION AND OF5 FICE.—(1) Chapter 4 of title 10, United States Code, is

6 amended by inserting after section 133b the following new

7 section:

8 ‘‘§ 133c. Director of Small Business Programs

9 ‘‘(a) DIRECTOR.—There is a Director of Small Busi10 ness Programs in the Department of Defense. The Director

11 is appointed by the Secretary of Defense.

12 ‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The

13 Office of Small Business Programs of the Department of

14 Defense is the office that is established within the Office of

15 the Secretary of Defense under section 15(k) of the Small

16 Business Act (15 U.S.C. 644(k)). The Director of Small

17 Business Programs is the head of such office.

18 ‘‘(c) DUTIES AND POWERS.—(1) The Director of Small

19 Business Programs shall, subject to paragraph (2), perform

20 such duties regarding small business programs of the De21 partment of Defense, and shall exercise such powers regard22 ing those programs, as the Secretary of Defense may pre23 scribe.

24 ‘‘(2) Section 15(k) of the Small Business Act (15

25 U.S.C. 644(k)), except for the designations of the Director
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1 and the Office, applies to the Director of Small Business

2 Programs.’’.

3 (2) The table of sections at the beginning of such chap4 ter is amended by inserting after the item relating to section

5 133b the following new item:

‘‘133c. Director of Small Business Programs.’’.

6 (c) DEPARTMENT OF THE ARMY POSITION AND OF7 FICE.—(1) Chapter 303 of title 10, United States Code, is

8 amended by adding at the end the following new section:

9 ‘‘§ 3024. Director of Small Business Programs

10 ‘‘(a) DIRECTOR.—There is a Director of Small Busi11 ness Programs in the Department of the Army. The Director

12 is appointed by the Secretary of the Army.

13 ‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The

14 Office of Small Business Programs of the Department of

15 the Army is the office that is established within the Depart16 ment of the Army under section 15(k) of the Small Business

17 Act (15 U.S.C. 644(k)). The Director of Small Business

18 Programs is the head of such office.

19 ‘‘(c) DUTIES AND POWERS.—(1) The Director of Small

20 Business Programs shall, subject to paragraph (2), perform

21 such duties regarding small business programs of the De22 partment of the Army, and shall exercise such powers re23 garding those programs, as the Secretary of the Army may

24 prescribe.
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1 ‘‘(2) Section 15(k) of the Small Business Act (15

2 U.S.C. 644(k)), except for the designations of the Director

3 and the Office, applies to the Director of Small Business

4 Programs.’’.

5 (2) The table of sections at the beginning of such chap6 ter is amended by adding at the end the following new item:

‘‘3024. Director of Small Business Programs.’’.

7 (d) DEPARTMENT OF THE NAVY POSITION AND OF8 FICE.—(1) Chapter 503 of title 10, United States Code, is

9 amended by adding at the end the following new section:

10 ‘‘§ 5028. Director of Small Business Programs

11 ‘‘(a) DIRECTOR.—There is a Director of Small Busi12 ness Programs in the Department of the Navy. The Director

13 is appointed by the Secretary of the Navy.

14 ‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The

15 Office of Small Business Programs of the Department of

16 the Navy is the office that is established within the Depart17 ment of the Navy under section 15(k) of the Small Business

18 Act (15 U.S.C. 644(k)). The Director of Small Business

19 Programs is the head of such office.

20 ‘‘(c) DUTIES AND POWERS.—(1) The Director of Small

21 Business Programs shall, subject to paragraph (2), perform

22 such duties regarding small business programs of the De23 partment of the Navy, and shall exercise such powers re24 garding those programs, as the Secretary of the Navy may

25 prescribe.
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1 ‘‘(2) Section 15(k) of the Small Business Act (15

2 U.S.C. 644(k)), except for the designations of the Director

3 and the Office, applies to the Director of Small Business

4 Programs.’’.

5 (2) The table of sections at the beginning of such chap6 ter is amended by adding at the end the following new item:

‘‘5028. Director of Small Business Programs.’’.

7 (d) DEPARTMENT OF THE AIR FORCE POSITION AND

8 OFFICE.—(1) Chapter 803 of title 10, United States Code,

9 is amended by adding at the end the following new section:

10 ‘‘§ 8024. Director of Small Business Programs

11 ‘‘(a) DIRECTOR.—There is a Director of Small Busi12 ness Programs in the Department of the Air Force. The Di13 rector is appointed by the Secretary of the Air Force.

14 ‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The

15 Office of Small Business Programs of the Department of

16 the Air Force is the office that is established within the De17 partment of the Air Force under section 15(k) of the Small

18 Business Act (15 U.S.C. 644(k)). The Director of Small

19 Business Programs is the head of such office.

20 ‘‘(c) DUTIES AND POWERS.—(1) The Director of Small

21 Business Programs shall, subject to paragraph (2), perform

22 such duties regarding small business programs of the De23 partment of the Air Force, and shall exercise such powers

24 regarding those programs, as the Secretary of the Air Force

25 may prescribe.
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1 ‘‘(2) Section 15(k) of the Small Business Act (15

2 U.S.C. 644(k)), except for the designations of the Director

3 and the Office, applies to the Director of Small Business

4 Programs.’’.

5 (2) The table of sections at the beginning of such chap6 ter is amended by adding at the end the following new item:

‘‘8024. Director of Small Business Programs.’’.

7 SEC. 902. EXECUTIVE AGENT FOR ACQUISITION OF CAPA8 BILITIES TO DEFEND THE HOMELAND

9 AGAINST CRUISE MISSILES AND OTHER LOW10 ALTITUDE AIRCRAFT.

11 (a) DESIGNATION OF EXECUTIVE AGENT.—The Sec12 retary of Defense shall designate an official within the De13 partment of Defense to act as executive agent to manage

14 the acquisition of capabilities necessary to defend the home15 land against cruise missiles, unmanned aerial vehicles, and

16 other low-altitude aircraft that may be launched against

17 the United States.

18 (b) COORDINATION OF ACTIVITIES.—The official des19 ignated as executive agent under subsection (a) shall, in

20 order to promote commonality and limit duplication of ef21 fort, coordinate in the acquisition of capabilities described

22 in that subsection with appropriate officials of the fol23 lowing:

24 (1) The Missile Defense Agency.
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1 (2) The Joint Theater Air and Missile Defense

2 Organization.

3 (3) The United States Northern Command.

4 (4) The United States Strategic Command.

5 (5) Such other elements of the Department of De6 fense, and of other departments and agencies of the

7 United States Government, as the Secretary considers

8 appropriate for purposes of this section.

9 (c) PLAN FOR DEFENSE AGAINST ATTACK.—

10 (1) PLAN REQUIRED.—Not later than 180 days

11 after the date of the enactment of this Act, the Sec12 retary of Defense shall submit to the congressional de13 fense committees a plan for the defense of the United

14 States against cruise missiles, unmanned aerial vehi15 cles, and other low altitude aircraft that may be

16 launched against the United States.

17 (2) FOCUS OF PLAN.—In developing the plan,

18 the Secretary shall focus on the role of Department of

19 Defense components in the defense of the United

20 States against an attack described in paragraph (1),

21 but shall also address the role, if any, of other depart22 ments and agencies of the United States Government

23 in that defense.

24 (3) ELEMENTS.—The plan shall include the fol25 lowing:
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1 (A) An identification of the capabilities re2 quired by the Department of Defense in order to

3 fulfill its mission to defend the homeland against

4 cruise missiles, unmanned aerial vehicles, and

5 other low altitude aircraft, and an identification

6 of any current shortfalls in such capabilities.

7 (B) A schedule for implementing the plan.

8 (C) A statement of the funding required to

9 implement the Department of Defense portion of

10 the plan.

11 (D) An identification of the roles and mis12 sions, if any, of other departments and agencies

13 of the United States Government in contributing

14 to the defense of the United States against attack

15 described in subparagraph (A).

16 (4) SCOPE OF PLAN.—The plan shall be coordi17 nated with Department of Defense plans for defending

18 the United States against attack by short-range to

19 medium-range ballistic missiles.

20 SEC. 903. PROVISION OF AUDIOVISUAL SUPPORT SERVICES

21 BY THE WHITE HOUSE COMMUNICATIONS

22 AGENCY.

23 (a) PROVISION ON NONREIMBURSABLE BASIS.—Sec24 tion 912 of the National Defense Authorization Act for Fis-
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1 cal Year 1997 (Public Law 104–201; 110 Stat. 2623; 10

2 U.S.C. 111 note) is amended—

3 (1) in subsection (a)—

4 (A) in the subsection caption, by inserting

5 ‘‘AND AUDIOVISUAL SUPPORT SERVICES’’ after

6 ‘‘TELECOMMUNICATIONS SUPPORT’’; and

7 (B) by inserting ‘‘and audiovisual support

8 services’’ after ‘‘provision of telecommunications

9 support’’; and

10 (2) in subsection (b), by inserting ‘‘and audio11 visual’’ after ‘‘other than telecommunications’’.

12 (b) EFFECTIVE DATE.—The amendments made by sub13 section (a) shall take effect on October 1, 2005, and shall

14 apply with respect to the provision of audiovisual support

15 services by the White House Communications Agency in fis16 cal years beginning on or after that date.

17 SEC. 904. AMERICAN FORCES NETWORK.

18 (a) FINDINGS.—The Senate makes the following find19 ings:

20 (1) The mission of the American Forces Radio

21 and Television Service (AFRTS) and its American

22 Forces Network (AFN), a worldwide radio and tele23 vision broadcast network, is to deliver command in24 formation by providing United States military com25 manders overseas and at sea with a broadcast media
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1 that effectively communicates information to per2 sonnel under their commands, including information

3 from the Department of Defense, information from the

4 Armed Forces, and information unique to the theater

5 and localities in which such personnel are stationed

6 or deployed.

7 (2) The American Forces Radio and Television

8 Service and the American Forces Network provide a

9 ‘‘touch of home’’ to members of the Armed Forces, ci10 vilian employees of the Department of Defense, and

11 their families stationed at bases and at embassies and

12 consulates in more than 179 countries, as well as

13 Navy, Coast Guard, and Military Sealift Command

14 ships at sea, by providing the same type and quality

15 of radio and television programming (including news,

16 information, sports, and entertainment) that would be

17 available in the continental United States. Addition18 ally, the American Forces Network plays an impor19 tant role in enabling military commanders to dis20 seminate official information to members of the

21 Armed Forces and their families, thus making popu22 larity and acceptance key factors in ensuring effective

23 communication.

24 (3) It is American Forces Radio and Television

25 Service and American Forces Network policy that, ex-
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1 cept for the Pentagon Channel service, programming

2 is acquired from distributors of the most popular tele3 vision program airing in the continental United

4 States. Much of the programming is provided at no

5 cost to the United States Government. The remainder

6 of the programming is provided at less-than-market

7 rates to cover distributors’ costs and obligations. De8 pending on the audience segment or demographic tar9 geted, programs that perform well are acquired and

10 scheduled to maximize audiences for internal and

11 command information exposure.

12 (4) American Forces Radio and Television Serv13 ice and American Forces Network select programming

14 that represents a cross-section of popular American

15 radio and television, tailored toward the worldwide

16 audience of the American Forces Radio and Tele17 vision Service and the American Forces Network.

18 Schedules emulate programming practices in the

19 United States, and programs are aired in accordance

20 with network broadcast standards. Specifically, policy

21 on programming seeks—

22 (A) to provide balance and diversity;

23 (B) to deliver a cross-section of popular

24 programming;
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1 (C) to target appropriate demographics;

2 and

3 (D) to maintain network broadcast stand4 ards.

5 (5) The ‘‘Voice Channel’’, or radio programming,

6 of the American Forces Radio and Television Service

7 and American Forces Network is chosen to address re8 quirements specified by the military broadcasting

9 services and the detachment commanders of their af10 filiate radio stations. American Forces Network Radio

11 makes a best faith effort to obtain the top-rated pro12 gram of its sort at the time of selection, at no cost

13 to the United States Government. American Forces

14 Network Radio usually retains a scheduled program

15 until it is no longer produced, too few American

16 Forces Network affiliates choose to schedule the pro17 gram locally, or a similar program so thoroughly

18 dominates its audience in the United States that the

19 American Forces Radio and Television Service

20 switches to this program to offer the higher rated

21 show to the overseas audience.

22 (6) American Forces Network Radio personnel

23 review the major trade publications to monitor an24 nouncements of new programs, follow the ratings of

25 established programs, and keep aware of program-
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1 ming trends. When a program addressing a need

2 identified by a Military Broadcasting Service or an

3 American Forces Network affiliate becomes available

4 to the American Forces Network, or a program seems

5 especially worthy of consideration, American Forces

6 Network Radio informs the affiliates and supplies

7 samples to gauge affiliate interest. If affiliates commit

8 to broadcasting the new show, American Forces Net9 work Radio seeks to schedule it.

10 (7) The managers of the American Forces Radio

11 and Television Service continually update their pro12 gramming options and, in November 2005, decided to

13 include additional programs that meet the criteria

14 that American Forces Radio and Television Service

15 managers apply to such decisions, and that, con16 sistent with American Forces Radio and Television

17 Service and American Forces Network procedures,

18 local programmers at 33 locations around the globe

19 decide which programs actually are broadcast. Amer20 ican Forces Radio and Television Service have con21 sistently sought to provide a broad, high quality

22 range of choices for local station managers.

23 (b) SENSE OF SENATE.—It is the sense of the Senate

24 that—
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1 (1) the men and women of the American Forces

2 Radio and Television Service and the Armed Forces

3 Network should be commended for providing a vital

4 service to the military community worldwide; and

5 (2) the programming mission, themes, and prac6 tices of the Department of Defense with respect to its

7 television and radio programming have fairly and re8 sponsively fulfilled their mission of providing a

9 ‘‘touch of home’’ to members of the Armed Forces and

10 their families around the world and have contributed

11 immeasurably to high morale and quality of life in

12 the Armed Forces.

13 (c) AUTHORITY TO APPOINT OMBUDSMAN AS INTER14 MEDIARY.—The Secretary of Defense may appoint an indi15 vidual to serve as ombudsman of the American Forces Net16 work. Any ombudsman so appointed shall act as an inter17 mediary between the staff of the American Forces Network

18 and the Department of Defense, military commanders, and

19 listeners to the programming of the American Forces Net20 work.

21 SEC. 905. REPORT ON ESTABLISHMENT OF A DEPUTY SEC22 RETARY OF DEFENSE FOR MANAGEMENT.

23 (a) Not later than 15 days after the enactment of this

24 Act, the Secretary of Defense shall select two Federally

25 Funded Research and Development Centers to conduct inde-
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1 pendent studies of the feasibility and advisability of estab2 lishing a Deputy Secretary of Defense for Management.

3 Each study under this section shall be delivered to the Sec4 retary and the congressional defense committees not later

5 than March 15, 2006.

6 (b) CONTENT OF STUDIES.—Each study required by

7 this section shall address—

8 (1) the extent to which the establishment of a

9 Deputy Secretary of Defense for Management would:

10 (A) improve the management of the Depart11 ment of Defense;

12 (B) expedite the process of management re13 form in the Department; and

14 (C) enhance the implementation of business

15 systems modernization in the Department;

16 (2) the appropriate relationship of the Deputy

17 Secretary of Defense for Management to other Depart18 ment of Defense officials;

19 (3) the appropriate term of service for a Deputy

20 Secretary of Defense for Management; and

21 (4) the experience of any other Federal agencies

22 that have instituted similar management positions.

23 (c) For the purposes of this section, a Deputy Secretary

24 of Defense for Management is an official who—
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1 (1) serves as the Chief Management Officer of the

2 Department of Defense;

3 (2) is the principal advisor to the Secretary of

4 Defense on matters relating to the management of the

5 Department of Defense, including defense business ac6 tivities, to ensure Department-wide capability to

7 carry out the strategic plan of the Department of De8 fense in support of national security objectives; and

9 (3) takes precedence in the Department of De10 fense immediately after the Deputy Secretary of De11 fense.

12 SEC. 906. REDESIGNATION OF THE NAVAL RESERVE AS THE

13 NAVY RESERVE.

14 (a) REDESIGNATION OF RESERVE COMPONENT.—The

15 reserve component of the Armed Forces known as the Naval

16 Reserve is redesignated as the Navy Reserve.

17 (b) CONFORMING AMENDMENTS TO TITLE 10, UNITED

18 STATES CODE.—

19 (1) TEXT AMENDMENTS.—Title 10, United

20 States Code, is amended by striking ‘‘Naval Reserve’’

21 each place it appears in a provision as follows and

22 inserting ‘‘Navy Reserve’’:

23 (A) Section 513(a).

24 (B) Section 516.

25 (C) Section 526(b)(2)(C)(i).
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1 (D) Section 971(a).

2 (E) Section 5001(a)(1).

3 (F) Section 5143.

4 (G) Section 5596(c).

5 (H) Section 6323(f).

6 (I) Section 6327.

7 (J) Section 6330(b).

8 (K) Section 6331(a)(2).

9 (L) Section 6336.

10 (M) Section 6389.

11 (N) Section 6911(c)(1).

12 (O) Section 6913(a).

13 (P) Section 6915.

14 (Q) Section 6954(b)(3).

15 (R) Section 6956(a)(2).

16 (S) Section 6959.

17 (T) Section 7225.

18 (U) Section 7226.

19 (V) Section 7605(1).

20 (W) Section 7852.

21 (X) Section 7853.

22 (Y) Section 7854.

23 (Z) Section 10101(3).

24 (AA) Section 10108.

25 (BB) Section 10172.
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1 (CC) Section 10301(a)(7).

2 (DD) Section 10303.

3 (EE) Section 12004(e)(2).

4 (FF) Section 12005.

5 (GG) Section 12010.

6 (HH) Section 12011(a)(2).

7 (II) Section 12012(a).

8 (JJ) Section 12103.

9 (KK) Section 12205.

10 (LL) Section 12207(b)(2).

11 (MM) Section 12732.

12 (NN) Section 12774(b) (other than the first

13 place it appears).

14 (OO) Section 14002(b).

15 (PP) Section 14101(a)(1).

16 (QQ) Section 14107(d).

17 (RR) Section 14302(a)(1)(A).

18 (SS) Section 14313(b).

19 (TT) Section 14501(a).

20 (UU) Section 14512(b).

21 (VV) Section 14705(a).

22 (WW) Section 16201(d)(1)(B)(ii).

23 (2) CAPTION AMENDMENTS.—Such title is fur24 ther amended by striking ‘‘NAVAL RESERVE’’ each
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1 place it appears in a provision as follows and insert2 ing ‘‘NAVY RESERVE’’:

3 (A) Section 971(a).

4 (B) Section 5143(a).

5 (3) SECTION HEADING AMENDMENTS.—(A) The

6 heading of section 5143 of such title is amended to

7 read as follows:

8 ‘‘§ 5143. Office of Navy Reserve: appointment of Chief’’.

9 (B) The heading of section 6327 of such title is

10 amended to read as follows:

11 ‘‘§ 6327. Officers and enlisted members of the Navy Re12 serve and Marine Corps Reserve: 30 years;

13 20 years; retired pay’’.

14 (C) The heading of section 6389 of such title is

15 amended to read as follows:

16 ‘‘§ 6389. Navy Reserve and Marine Corps Reserve; offi17 cers: elimination from active status; com18 putation of total commissioned service’’.

19 (D) The heading of section 7225 of such title is

20 amended to read as follows:

21 ‘‘§ 7225. Navy Reserve flag’’.

22 (E) The heading of section 7226 of such title is

23 amended to read as follows:
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1 ‘‘§ 7226. Navy Reserve yacht pennant’’.

2 (F) The heading of section 10108 of such title is

3 amended to read as follows:

4 ‘‘§ 10108. Navy Reserve: administration’’.

5 (G) The heading of section 10172 of such title is

6 amended to read as follows:

7 ‘‘§ 10172. Navy Reserve Force’’.

8 (H) The heading of section 10303 of such title is

9 amended to read as follows:

10 ‘‘§ 10303. Navy Reserve Policy Board’’.

11 (I) The heading of section 12010 of such title is

12 amended to read as follows:

13 ‘‘§ 12010. Computations for Navy Reserve and Marine

14 Corps Reserve: rule when fraction occurs

15 in final result’’.

16 (J) The heading of section 14306 of such title is

17 amended to read as follows:

18 ‘‘§ 14306. Establishment of promotion zones: Navy Re19 serve and Marine Corps Reserve running

20 mate system’’.

21 (4) TABLES OF CONTENTS AMENDMENTS.—(A)

22 The table of sections at the beginning of chapter 513

23 of such title is amended by striking the item relating

24 to section 5143 and inserting the following new item:

‘‘5143. Office of Navy Reserve: appointment of Chief.’’.
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1 (B) The table of sections at the beginning of

2 chapter 571 of such title is amended by striking the

3 item relating to section 6327 and inserting the fol4 lowing new item:

‘‘6327. Officers and enlisted members of the Navy Reserve and Marine Corps Reserve: 30 years; 20 years; retired pay.’’.

5 (C) The table of sections at the beginning of

6 chapter 573 of such title is amended by striking the

7 item relating to section 6389 and inserting the fol8 lowing new item:

‘‘6389. Navy Reserve and Marine Corps Reserve; officers: elimination from active

status; computation of total commissioned service.’’.

9 (D) The table of sections at the beginning of

10 chapter 631 of such title is amended by striking the

11 items relating to sections 7225 and 7226 and insert12 ing the following new items:

‘‘7225. Navy Reserve flag.

‘‘7226. Navy Reserve yacht pennant.’’.

13 (E) The table of sections at the beginning of

14 chapter 1003 of such title is amended by striking the

15 item relating to section 10108 and inserting the fol16 lowing new item:

‘‘10108. Navy Reserve: administration.’’.

17 (F) The table of sections at the beginning of

18 chapter 1006 of such title is amended by striking the

19 item relating to section 10172 and inserting the fol20 lowing new item:

‘‘10172. Navy Reserve Force.’’.
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1 (G) The table of sections at the beginning of

2 chapter 1009 of such title is amended by striking the

3 item relating to section 10303 and inserting the fol4 lowing new item:

‘‘10303. Navy Reserve Policy Board.’’.

5 (H) The table of sections at the beginning of

6 chapter 1201 of such title is amended by striking the

7 item relating to section 12010 and inserting the fol8 lowing new item:

‘‘12010. Computations for Navy Reserve and Marine Corps Reserve: rule when

fraction occurs in final result.’’.

9 (I) The table of sections at the beginning of chap10 ter 1405 of such title is amended by striking the item

11 relating to section 14306 and inserting the following

12 new item:

‘‘14306. Establishment of promotion zones: Navy Reserve and Marine Corps Reserve running mate system.’’.

13 (c) CONFORMING AMENDMENT TO TITLE 14, UNITED

14 STATES CODE.—Section 705 of title 14, United States

15 Code, is amended by striking ‘‘Naval Reserve’’ each place

16 it appears and inserting ‘‘Navy Reserve’’.

17 (d) CONFORMING AMENDMENTS TO TITLE 37, UNITED

18 STATES CODE.—

19 (1) TEXT AMENDMENTS.—Title 37, United

20 States Code, is amended by striking ‘‘Naval Reserve’’

21 each place it appears in a provision as follows and

22 inserting ‘‘Navy Reserve’’:
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1 (A) Section 101(24)(C).

2 (B) Section 201(d).

3 (C) Section 205(a)(2)(I).

4 (D) Section 301c(d).

5 (E) Section 319(a).

6 (F) Section 905.

7 (2) CAPTION AMENDMENT.—Section 301c(d) of

8 such title is further amended by striking ‘‘NAVAL RE9 SERVE’’ and inserting ‘‘NAVY RESERVE’’.

10 (e) CONFORMING AMENDMENTS TO TITLE 38, UNITED

11 STATES CODE.—Title 38, United States Code, is amended

12 by striking ‘‘Naval Reserve’’ each place it appears in a pro13 vision as follows and inserting ‘‘Navy Reserve’’:

14 (1) Section 101(27)(B).

15 (2) Section 3002(6)(C).

16 (3) Section 3202(1)(C)(iii).

17 (4) Section 3452(a)(3)(C).

18 (f) CONFORMING AMENDMENTS TO OTHER CODIFIED

19 TITLES.—

20 (1) TITLE 5, UNITED STATES CODE.—Section

21 2108(1)(B) of title 5, United States Code, is amended

22 by striking ‘‘Naval Reserve’’ and inserting ‘‘Navy Re23 serve’’.

24 (2) TITLE 18, UNITED STATES CODE.—Section

25 2387(b) of title 18, United States Code, is amended
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1 by striking ‘‘Naval Reserve’’ and inserting ‘‘Navy Re2 serve’’.

3 (3) TITLE 46, UNITED STATES CODE.—(A) Title

4 46, United States Code, is amended by striking

5 ‘‘Naval Reserve’’ each place it appears in a provision

6 as follows and inserting ‘‘Navy Reserve’’:

7 (i) Section 8103(g).

8 (ii) Section 8302(g).

9 (B) The heading of section 8103 of such title is

10 amended to read as follows:

11 ‘‘§ 8103. Citizenship and Navy Reserve requirements’’.

12 (C) The table of sections at the beginning of

13 chapter 81 of such title is amended by striking the

14 item relating to section 8103 and inserting the fol15 lowing new item:

‘‘8103. Citizenship and Navy Reserve requirements.’’.

16 (g) CONFORMING AMENDMENTS TO OTHER LAWS.—

17 (1) Section 2301(4)(C) of the Elementary and

18 Secondary Education Act of 1965 (20 U.S.C.

19 6671(4)(C)) is amended by striking ‘‘Naval Reserve’’

20 and inserting ‘‘Navy Reserve’’.

21 (2)(A) The Merchant Marine Act, 1936 is

22 amended by striking ‘‘Naval Reserve’’ each place it

23 appears in a provision as follows and inserting

24 ‘‘Navy Reserve’’:
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1 (i) Section 301(b) (46 U.S.C. App.

2 1131(b)).

3 (ii) Section 1303 (46 U.S.C. App. 1295b).

4 (iii) Section 1304 (46 U.S.C. App. 1295c).

5 (B) Such Act is further amended by striking

6 ‘‘NAVAL RESERVE’’ each place it appears in a provi7 sion as follows and inserting ‘‘NAVY RESERVE’’:

8 (i) Section 1303(c).

9 (ii) 1304(h).

10 (3)(A) Section 6(a)(1) of the Military Selective

11 Service Act (50 U.S.C. App. 456(a)(1)) is amended

12 by striking ‘‘United States Naval Reserves’’ and in13 serting ‘‘members of the United States Navy Reserve’’.

14 (B) Section 16(i) of such Act (50 U.S.C. App.

15 466(i)) is amended by striking ‘‘Naval Reserve’’ and

16 inserting ‘‘Navy Reserve’’.

17 (h) OTHER REFERENCES.—Any reference in any law,

18 regulation, document, record, or other paper of the United

19 States to the Naval Reserve, other than a reference to the

20 Naval Reserve regarding the United States Naval Reserve

21 Retired List, shall be considered to be a reference to the

22 Navy Reserve.
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1 SEC. 907. RESPONSIBILITY OF THE JOINT CHIEFS OF STAFF

2 AS MILITARY ADVISERS TO THE HOMELAND

3 SECURITY COUNCIL.

4 (a) RESPONSIBILITY AS MILITARY ADVISERS.—

5 (1) IN GENERAL.—Subsection (b) of section 151

6 of title 10, United States Code, is amended—

7 (A) in paragraph (1), by inserting ‘‘the

8 Homeland Security Council,’’ after ‘‘the Na9 tional Security Council,’’; and

10 (B) in paragraph (2), by inserting ‘‘the

11 Homeland Security Council,’’ after ‘‘the Na12 tional Security Council,’’.

13 (2) CONSULTATION BY CHAIRMAN.—Subsection

14 (c)(2) of such section is amended by inserting ‘‘the

15 Homeland Security Council,’’ after ‘‘the National Se16 curity Council,’’ both places it appears.

17 (3) ADVICE AND OPINIONS OF MEMBERS OTHER

18 THAN CHAIRMAN.—Subsection (d) of such section is

19 amended—

20 (A) in paragraph (1), by inserting ‘‘the

21 Homeland Security Council,’’ after ‘‘the Na22 tional Security Council,’’ both places it appears;

23 and

24 (B) in paragraph (2), by inserting ‘‘the

25 Homeland Security Council,’’ after ‘‘the Na26 tional Security Council,’’.
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1 (4) ADVICE ON REQUEST.—Subsection (e) of such

2 section is amended by inserting ‘‘the Homeland Secu3 rity Council,’’ after ‘‘the National Security Council,’’

4 both places it appears.

5 (b) ATTENDANCE AT MEETING OF HOMELAND SECU6 RITY COUNCIL.—Section 903 of the Homeland Security Act

7 of 2002 (6 U.S.C. 493) is amended—

8 (1) by inserting ‘‘(a) MEMBERS.—’’ before ‘‘The

9 members’’; and

10 (2) by adding at the end the following new sub11 section:

12 ‘‘(b) ATTENDANCE OF CHAIRMAN OF JOINT CHIEFS OF

13 STAFF AT MEETINGS.—The Chairman of the Joint Chiefs

14 of Staff (or, in the absence of the Chairman, the Vice Chair15 man of the Joint Chiefs of Staff) may, in the role of the

16 Chairman of the Joint Chiefs of Staff as principal military

17 adviser to the Homeland Security Council and subject to

18 the direction of the President, attend and participate in

19 meetings of the Homeland Security Council.’’.

20 Subtitle B—Space Activities

21 SEC. 911. ADVISORY COMMITTEE ON DEPARTMENT OF DE22 FENSE REQUIREMENTS FOR SPACE CONTROL.

23 (a) ADVISORY COMMITTEE REQUIRED.—

24 (1) IN GENERAL.—The Secretary of Defense shall

25 provide for an advisory committee to review and as-
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1 sess Department of Defense requirements for space

2 control.

3 (2) NEW OR EXISTING ADVISORY COMMITTEE.—

4 The Secretary may carry out paragraph (1) through

5 the establishment of a new advisory committee, or the

6 utilization of a current advisory committee, meeting

7 the requirements of subsection (b)(1).

8 (b) MEMBERSHIP AND ADMINISTRATION OF ADVISORY

9 COMMITTEE.—

10 (1) MEMBERSHIP.—The advisory committee

11 under subsection (a) shall consist of individuals from

12 among officers and employees of the Federal Govern13 ment, and private citizens of the United States, with

14 knowledge and expertise in national security space

15 policy.

16 (2) ADMINISTRATION.—The Secretary shall es17 tablish appropriate procedures for the administration

18 of the advisory committee for purposes of this section,

19 including designation of the chairman of the advisory

20 committee from among its members.

21 (3) SECURITY CLEARANCES.—All members of the

22 advisory committee shall hold security clearances ap23 propriate for the work of the advisory committee.

24 (4) FIRST MEETING.—The advisory committee

25 shall convene its first meeting for purposes of this sec-
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1 tion not later than 30 days after the date on which

2 all members of the advisory committee have been se3 lected for such purposes.

4 (c) DUTIES.—The advisory committee shall conduct a

5 review and assessment of the following:

6 (1) The requirements of the Department of De7 fense for its space control mission and the efforts of

8 the Department to fulfill such requirements.

9 (2) Whether or not the Department of Defense is

10 allocating appropriate resources to fulfill the current

11 space control mission of the Department when com12 pared with the allocation by the Department of re13 sources to other military space missions.

14 (3) The plans of the Department of Defense to

15 meet its future space control mission.

16 (d) INFORMATION FROM FEDERAL AND STATE AGEN17 CIES.—

18 (1) IN GENERAL.—The advisory committee may

19 secure directly from the Department of Defense, from

20 any other department or agency of the Federal Gov21 ernment, and any State government any information

22 that the advisory committee considers necessary to

23 carry out its duties under this section.

24 (2) LIAISON.—The Secretary of Defense shall

25 designate at least one senior civilian employee of the
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1 Department of Defense and at least one general or

2 flag officer of an Armed Force to serve as liaison be3 tween the Department, the Armed Forces, and the ad4 visory committee for purposes of this section.

5 (e) REPORT.—

6 (1) IN GENERAL.—Not later than 6 months after

7 the date of the first meeting of the advisory committee

8 under subsection (b)(4), the advisory committees shall

9 submit to the Secretary of Defense and the congres10 sional defense committees a report on the results of

11 the review and assessment under subsection (c).

12 (2) ELEMENTS.—The report shall include—

13 (A) the findings and conclusions of the ad14 visory committee on the requirements of the De15 partment of Defense for its space control mission

16 and the efforts of the Department to fulfill such

17 requirements; and

18 (B) any recommendations that the advisory

19 committee considers appropriate regarding the

20 best means by which the Department may fulfill

21 such requirements.

22 (f) TERMINATION.—The advisory committee shall ter23 minate for purposes of this section 10 months after the date

24 of the first meeting of the advisory committee under sub25 section (b)(4).
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1 (g) SPACE CONTROL MISSION.—In this section, the

2 term ‘‘space control mission’’ means the mission of the De3 partment of Defense involving the following:

4 (1) Space situational awareness.

5 (2) Defensive counterspace operations.

6 (3) Offensive counterspace operations.

7 (h) FUNDING.—Amounts authorized to be appro8 priated to the Department of Defense shall be available to

9 the Secretary of Defense for purposes of the activities of the

10 advisory committee under this section.

11 Subtitle C—Other Matters

12 SEC. 921. ACCEPTANCE OF GIFTS AND DONATIONS FOR DE13 PARTMENT OF DEFENSE REGIONAL CENTERS

14 FOR SECURITY STUDIES.

15 (a) AUTHORITY TO ACCEPT.—

16 (1) IN GENERAL.—Section 2611 of title 10,

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

18 ‘‘§ 2611. Regional centers for security studies: accept19 ance of gifts and donations

20 ‘‘(a) AUTHORITY TO ACCEPT GIFTS AND DONA21 TIONS.—Subject to subsection (c), the Secretary of Defense

22 may, on behalf of any Department of Defense regional cen23 ter for security studies, any combination of such centers,

24 or such centers generally, accept from any source specified

25 in subsection (b) any gift or donation for purposes of de-
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1 fraying the costs, or enhancing the operation, of such center,

2 combination of centers, or centers generally, as the case may

3 be.

4 ‘‘(b) SOURCES.—The sources from which gifts and do5 nations may be accepted under subsection (a) are the fol6 lowing:

7 ‘‘(1) The government of a State or a political

8 subdivision of a State.

9 ‘‘(2) The government of a foreign country.

10 ‘‘(3) A foundation or other charitable organiza11 tion, including a foundation or charitable organiza12 tion this is organized or operates under the laws of

13 a foreign country.

14 ‘‘(4) Any source in the private sector of the

15 United States or a foreign country.

16 ‘‘(c) LIMITATION.—The Secretary may not accept a

17 gift or donation under subsection (a) if acceptance of the

18 gift or donation would compromise or appear to

19 compromise—

20 ‘‘(1) the ability of the Department of Defense,

21 any employee of the Department, or any member of

22 the armed forces to carry out the responsibility or

23 duty of the Department in a fair and objective man24 ner; or
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1 ‘‘(2) the integrity of any program of the Depart2 ment, or of any person involved in such a program.

3 ‘‘(d) CRITERIA FOR ACCEPTANCE.—The Secretary

4 shall prescribe written guidance setting forth the criteria

5 to be used in determining whether the acceptance of a gift

6 or donation would have a result described in subsection (c).

7 ‘‘(e) CREDITING OF FUNDS.—(1) There is established

8 on the books of the Treasury of the United States an account

9 to be known as the ‘Regional Centers for Security Studies

10 Account’.

11 ‘‘(2) Gifts and donations of money accepted under sub12 section (a) shall be credited to the Account, and shall be

13 available until expended, without further appropriation, to

14 defray the costs, or enhance the operation, of the regional

15 center, combination of centers, or centers generally for

16 which donated under that subsection.

17 ‘‘(f) GIFT OR DONATION DEFINED.—In this section,

18 the term ‘gift or donation’ means any gift or donation of

19 funds, materials (including research materials), real or per20 sonal property, or services (including lecture services and

21 faculty services).’’.

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of chapter 155 of such title is

24 amended by striking the item relating to section 2611

25 and inserting the following new item:

‘‘2611. Regional centers for security studies: acceptance of gifts and donations.’’.
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1 (b) CONFORMING AMENDMENTS.—

2 (1) Section 1306 of the National Defense Author3 ization Act for Fiscal Year 1995 (Public Law 103–

4 337; 108 Stat. 2892) is amended by striking sub5 section (a).

6 (2) Section 1065 of the National Defense Author7 ization Act for Fiscal Year 1997 (10 U.S.C. 113 note)

8 is amended—

9 (A) by striking subsection (a); and

10 (B) by redesignating subsections (b) and (c)

11 as subsections (a) and (b), respectively.

12 (c) EFFECTIVE DATE.—The amendments made by this

13 section shall take effect on October 1, 2005.

14 SEC. 922. OPERATIONAL FILES OF THE DEFENSE INTEL15 LIGENCE AGENCY.

16 (a) PROTECTION OF OPERATIONAL FILES OF DEFENSE

17 INTELLIGENCE AGENCY.—(1) Title VII of the National Se18 curity Act of 1947 (50 U.S.C. 431 et. seq.) is amended by

19 adding at the end the following new section:

20 ‘‘OPERATIONAL FILES OF THE DEFENSE INTELLIGENCE

21 AGENCY

22 ‘‘SEC. 705. (a) EXEMPTION OF OPERATIONAL FILES.—

23 The Director of the Defense Intelligence Agency, in coordi24 nation with the Director of National Intelligence, may ex25 empt operational files of the Defense Intelligence Agency

26 from the provisions of section 552 of title 5, United States
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1 Code, which require publication, disclosure, search, or re2 view in connection therewith.

3 ‘‘(b) OPERATIONAL FILES DEFINED.—(1) In this sec4 tion, the term ‘operational files’ means—

5 ‘‘(A) files of the Directorate of Human Intel6 ligence of the Defense Intelligence Agency (and any

7 successor organization of that directorate) that docu8 ment the conduct of foreign intelligence or counter9 intelligence operations or intelligence or security liai10 son arrangements or information exchanges with for11 eign governments or their intelligence or security

12 services; and

13 ‘‘(B) files of the Directorate of Technology of the

14 Defense Intelligence Agency (and any successor orga15 nization of that directorate) that document the means

16 by which foreign intelligence or counterintelligence is

17 collected through technical systems.

18 ‘‘(2) Files that are the sole repository of disseminated

19 intelligence are not operational files.

20 ‘‘(c) SEARCH AND REVIEW FOR INFORMATION.—Not21 withstanding subsection (a), exempted operational files

22 shall continue to be subject to search and review for infor23 mation concerning:

24 ‘‘(1) United States citizens or aliens lawfully ad25 mitted for permanent residence who have requested
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1 information on themselves pursuant to the provisions

2 of section 552 or 552a of title 5, United States Code.

3 ‘‘(2) Any special activity the existence of which

4 is not exempt from disclosure under the provisions of

5 section 552 of title 5, United States Code.

6 ‘‘(3) The specific subject matter of an investiga7 tion by any of the following for any impropriety, or

8 violation of law, Executive Order, or Presidential di9 rective, in the conduct of an intelligence activity:

10 ‘‘(A) The Committee on Armed Services and

11 the Permanent Select Committee on Intelligence

12 of the House of Representatives.

13 ‘‘(B) The Committee on Armed Services and

14 the Select Committee on Intelligence of the Sen15 ate.

16 ‘‘(C) The Intelligence Oversight Board.

17 ‘‘(D) The Department of Justice.

18 ‘‘(E) The Office of General Counsel of the

19 Department of Defense or of the Defense Intel20 ligence Agency.

21 ‘‘(F) The Office of Inspector General of the

22 Department of Defense or of the Defense Intel23 ligence Agency.

24 ‘‘(G) The Office of the Director of the De25 fense Intelligence Agency.
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1 ‘‘(d) INFORMATION DERIVED OR DISSEMINATED FROM

2 EXEMPTED OPERATIONAL FILES.—(1) Files that are not

3 exempted under subsection (a) and contain information de4 rived or disseminated from exempted operational files shall

5 be subject to search and review.

6 ‘‘(2) The inclusion of information from exempted oper7 ational files in files that are not exempted under subsection

8 (a) shall not affect the exemption under subsection (a) of

9 the originating operational files from search, review, publi10 cation, or disclosure.

11 ‘‘(3) The declassification of some of the information

12 contained in exempted operational files shall not affect the

13 status of the operational file as being exempt from search,

14 review, publication, or disclosure.

15 ‘‘(4) Records from exempted operational files that have

16 been disseminated to and referenced in files that are not

17 exempted under subsection (a) and that have been returned

18 to exempted operational files for sole retention shall be sub19 ject to search and review.

20 ‘‘(e) ALLEGATION; IMPROPER WITHHOLDING OF

21 RECORDS; JUDICIAL REVIEW.—(1) Except as provided in

22 paragraph (2), whenever any person who has requested

23 agency records under section 552 of title 5, alleges that the

24 Defense Intelligence Agency has withheld records improp25 erly because of failure to comply with any provision of this
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1 section, judicial review shall be available under the terms

2 set forth in section 552(a)(4)(B) of title 5, United States

3 Code.

4 ‘‘(2) Judicial review shall not be available in the man5 ner provided under paragraph (1) as follows:

6 ‘‘(A) In any case in which information specifi7 cally authorized under criteria established by an Ex8 ecutive order to be kept secret in the interest of na9 tional defense or foreign relations which is filed with,

10 or produced for, the court by the Defense Intelligence

11 Agency, such information shall be examined ex parte,

12 in camera by the court.

13 ‘‘(B) The court shall determine, to the fullest ex14 tent practicable, issues of fact based on sworn written

15 submissions of the parties.

16 ‘‘(C) When a complainant alleges that requested

17 records were improperly withheld because of improper

18 placement solely in exempted operational files, the

19 complainant shall support such allegation with a

20 sworn written submission based upon personal knowl21 edge or otherwise admissible evidence.

22 ‘‘(D)(i) When a complainant alleges that re23 quested records were improperly withheld because of

24 improper exemption of operational files, the Defense

25 Intelligence Agency shall meet its burden under sec-
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1 tion 552(a)(4)(B) of title 5, United States Code, by

2 demonstrating to the court by sworn written submis3 sion that exempted operational files likely to contain

4 responsible records currently perform the functions set

5 forth in subsection (b).

6 ‘‘(ii) The court may not order the Defense Intel7 ligence Agency to review the content of any exempted

8 operational file or files in order to make the dem9 onstration required under clause (i), unless the com10 plainant disputes the Defense Intelligence Agency’s

11 showing with a sworn written submission based on

12 personal knowledge or otherwise admissible evidence.

13 ‘‘(E) In proceedings under subparagraphs (C)

14 and (D), the parties shall not obtain discovery pursu15 ant to rules 26 through 36 of the Federal Rules of

16 Civil Procedure, except that requests for admission

17 may be made pursuant to rules 26 and 36.

18 ‘‘(F) If the court finds under this subsection that

19 the Defense Intelligence Agency has improperly with20 held requested records because of failure to comply

21 with any provision of this subsection, the court shall

22 order the Defense Intelligence Agency to search and

23 review the appropriate exempted operational file or

24 files for the requested records and make such records,

25 or portions thereof, available in accordance with the
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1 provisions of section 552 of title 5, United States

2 Code, and such order shall be the exclusive remedy for

3 failure to comply with this section (other than sub4 section (f)).

5 ‘‘(G) If at any time following the filing of a com6 plaint pursuant to this paragraph the Defense Intel7 ligence Agency agrees to search the appropriate ex8 empted operational file or files for the requested

9 records, the court shall dismiss the claim based upon

10 such complaint; and

11 ‘‘(H) Any information filed with, or produced

12 for the court pursuant to subparagraphs (A) and (D)

13 shall be coordinated with the Director of National In14 telligence before submission to the court.

15 ‘‘(f) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL

16 FILES.—(1) Not less than once every 10 years, the Director

17 of the Defense Intelligence Agency and the Director of Na18 tional Intelligence shall review the exemptions in force

19 under subsection (a) to determine whether such exemptions

20 may be removed from a category of exempted files or any

21 portion thereof. The Director of National Intelligence must

22 approve any determinations to remove such exemptions.

23 ‘‘(2) The review required by paragraph (1) shall in24 clude consideration of the historical value or other public

25 interest in the subject matter of the particular category of
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1 files or portions thereof and the potential for declassifying

2 a significant part of the information contained therein.

3 ‘‘(3) A complainant that alleges that the Defense Intel4 ligence Agency has improperly withheld records because of

5 failure to comply with this subsection may seek judicial re6 view in the district court of the United States of the district

7 in which any of the parties reside, or in the District of

8 Columbia. In such a proceeding, the court’s review shall be

9 limited to determining the following:

10 ‘‘(A) Whether the Defense Intelligence Agency has

11 conducted the review required by paragraph (1) before

12 the expiration of the 10-year period beginning on the

13 date of the enactment of this section or before the ex14 piration of the 10-year period beginning on the date

15 of the most recent review.

16 ‘‘(B) Whether the Defense Intelligence Agency, in

17 fact, considered the criteria set forth in paragraph (2)

18 in conducting the required review.’’.

19 (2) The table of contents for that Act is amended by

20 inserting after the item relating to section 704 the following

21 new item:

‘‘Sec. 705. Operational files of the Defense Intelligence Agency.’’.

22 (b) SEARCH AND REVIEW OF CERTAIN OTHER OPER23 ATIONAL FILES.—The National Security Act of 1947 is fur24 ther amended—
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1 (1) in section 702(a)(3)(C) (50 U.S.C.

2 432(a)(3)(C)), by adding the following new clause:

3 ‘‘(vi) The Office of the Inspector General of

4 the National Geospatial-Intelligence Agency.’’;

5 (2) in section 703(a)(3)(C) (50 U.S.C.

6 432a(a)(3)(C)), by adding at the end the following

7 new clause:

8 ‘‘(vii) The Office of the Inspector General of

9 the NRO.’’; and

10 (3) in section 704(c)(3) (50 U.S.C. 432b(c)(3)),

11 by adding at the end the following subparagraph:

12 ‘‘(H) The Office of the Inspector General of

13 the National Security Agency.’’.

14 SEC. 923. PROHIBITION ON IMPLEMENTATION OF CERTAIN

15 ORDERS AND GUIDANCE ON FUNCTIONS AND

16 DUTIES OF THE GENERAL COUNSEL AND THE

17 JUDGE ADVOCATE GENERAL OF THE AIR

18 FORCE.

19 No funds authorized to be appropriated by this Act

20 may be obligated or expended to implement or enforce either

21 of the following:

22 (1) The order of the Secretary of the Air Force

23 dated May 15, 2003, and entitled ‘‘Functions and

24 Duties of the General Counsel and the Judge Advocate

25 General’’.
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1 (2) Any internal operating instruction or memo2 randum issued by the General Counsel of the Depart3 ment of the Air Force in reliance upon the order re4 ferred to in paragraph (1).

5 SEC. 924. UNITED STATES MILITARY CANCER INSTITUTE.

6 (a) ESTABLISHMENT.—Chapter 104 of title 10, United

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

8 new section:

9 ‘‘§ 2117. United States Military Cancer Institute

10 ‘‘(a) ESTABLISHMENT.—(1) There is a United States

11 Military Cancer Institute in the University. The Director

12 of the United States Military Cancer Institute is the head

13 of the Institute.

14 ‘‘(2) The Institute is composed of clinical and basic

15 scientists in the Department of Defense who have an exper16 tise in research, patient care, and education relating to on17 cology and who meet applicable criteria for participation

18 in the Institute.

19 ‘‘(3) The components of the Institute include military

20 treatment and research facilities that meet applicable cri21 teria and are designated as affiliates of the Institute.

22 ‘‘(b) RESEARCH.—(1) The Director of the United

23 States Military Cancer Institute shall carry out research

24 studies on the following:
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1 ‘‘(A) The epidemiological features of cancer, in2 cluding assessments of the carcinogenic effect of ge3 netic and environmental factors, and of disparities in

4 health, inherent or common among populations of

5 various ethnic origins.

6 ‘‘(B) The prevention and early detection of can7 cer.

8 ‘‘(C) Basic, translational, and clinical investiga9 tion matters relating to the matters described in sub10 paragraphs (A) and (B).

11 ‘‘(2) The research studies under paragraph (1) shall

12 include complementary research on oncologic nursing.

13 ‘‘(c) COLLABORATIVE RESEARCH.—The Director of the

14 United States Military Cancer Institute shall carry out the

15 research studies under subsection (b) in collaboration with

16 other cancer research organizations and entities selected by

17 the Institute for purposes of the research studies.

18 ‘‘(d) ANNUAL REPORT.—(1) Promptly after the end of

19 each fiscal year, the Director of the United States Military

20 Cancer Institute shall submit to the President of the Univer21 sity a report on the results of the research studies carried

22 out under subsection (b).

23 ‘‘(2) Not later than 60 days after receiving the annual

24 report under paragraph (1), the President of the University
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1 shall transmit such report to the Secretary of Defense and

2 to Congress.’’.

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

4 the beginning of such chapter is amended by adding at the

5 end the following new item:

‘‘2117. United States Military Cancer Institute.’’.

6 SEC. 925. AUTHORITY FOR UNITED STATES AIR FORCE IN7 STITUTE OF TECHNOLOGY TO RECEIVE FAC8 ULTY RESEARCH GRANTS FOR CERTAIN PUR9 POSES.

10 Section 9314 of title 10, United States Code, is amend11 ed by adding at the end the following new subsection:

12 ‘‘(d) ACCEPTANCE OF RESEARCH GRANTS.—(1) The

13 Secretary of the Air Force may authorize the Commandant

14 of the United States Air Force Institute of Technology to

15 accept qualifying research grants. Any such grant may only

16 be accepted if the work under the grant is to be carried

17 out by a professor or instructor of the Institute for a sci18 entific, literary, or educational purpose.

19 ‘‘(2) For purposes of this subsection, a qualifying re20 search grant is a grant that is awarded on a competitive

21 basis by an entity referred to in paragraph (3) for a re22 search project with a scientific, literary, or educational pur23 pose.

24 ‘‘(3) An entity referred to in this paragraph is a cor25 poration, fund, foundation, educational institution, or
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1 similar entity that is organized and operated primarily for

2 scientific, literary, or educational purposes.

3 ‘‘(4) The Secretary shall establish an account for the

4 administration of funds received as qualifying research

5 grants under this subsection. Funds in the account with re6 spect to a grant shall be used in accordance with the terms

7 and condition of the grant and subject to applicable provi8 sions of the regulations prescribed under paragraph (6).

9 ‘‘(5) Subject to such limitations as may be provided

10 in appropriations Acts, appropriations available for the

11 United States Air Force Institute of Technology may be

12 used to pay expenses incurred by the Institute in applying

13 for, and otherwise pursuing, the award of qualifying re14 search grants.

15 ‘‘(6) The Secretary of the Air Force shall prescribe reg16 ulations for purposes of the administration of this sub17 section.’’.

18 TITLE X—GENERAL PROVISIONS

19 Subtitle A—Financial Matters

20 SEC. 1001. TRANSFER AUTHORITY.

21 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

22 (1) AUTHORITY.—Upon determination by the

23 Secretary of Defense that such action is necessary in

24 the national interest, the Secretary may transfer

25 amounts of authorizations made available to the De-
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1 partment of Defense in this division for fiscal year

2 2006 between any such authorizations for that fiscal

3 year (or any subdivisions thereof). Amounts of au4 thorizations so transferred shall be merged with and

5 be available for the same purposes as the authoriza6 tion to which transferred.

7 (2) AGGREGATE LIMITATION.—The total amount

8 of authorizations that the Secretary may transfer

9 under the authority of this section may not exceed

10 $3,500,000,000.

11 (b) LIMITATIONS.—The authority provided by this sec12 tion to transfer authorizations—

13 (1) may only be used to provide authority for

14 items that have a higher priority than the items from

15 which authority is transferred; and

16 (2) may not be used to provide authority for an

17 item that has been denied authorization by Congress.

18 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans19 fer made from one account to another under the authority

20 of this section shall be deemed to increase the amount au21 thorized for the account to which the amount is transferred

22 by an amount equal to the amount transferred.

23 (d) NOTICE TO CONGRESS.—The Secretary shall

24 promptly notify Congress of each transfer made under sub25 section (a).
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1 SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.

2 (a) STATUS OF CLASSIFIED ANNEX.—The Classified

3 Annex prepared by the Committee on Armed Services of the

4 Senate to accompany its report on the bill S. 1042 of the

5 One Hundred Ninth Congress and transmitted to the Presi6 dent is hereby incorporated into this Act.

7 (b) CONSTRUCTION WITH OTHER PROVISIONS OF

8 ACT.—The amounts specified in the Classified Annex are

9 not in addition to amounts authorized to be appropriated

10 by other provisions of this Act.

11 (c) LIMITATION ON USE OF FUNDS.—Funds appro12 priated pursuant to an authorization contained in this Act

13 that are made available for a program, project, or activity

14 referred to in the Classified Annex may only be expended

15 for such program, project, or activity in accordance with

16 such terms, conditions, limitations, restrictions, and re17 quirements as are set out for that program, project, or activ18 ity in the Classified Annex.

19 (d) DISTRIBUTION OF CLASSIFIED ANNEX.—The

20 President shall provide for appropriate distribution of the

21 Classified Annex, or of appropriate portions of the annex,

22 within the executive branch of the Government.

23 SEC. 1003. UNITED STATES CONTRIBUTION TO NATO COM24 MON-FUNDED BUDGETS IN FISCAL YEAR 2006.

25 (a) FISCAL YEAR 2006 LIMITATION.—The total

26 amount contributed by the Secretary of Defense in fiscal
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1 year 2006 for the common-funded budgets of NATO may

2 be any amount up to, but not in excess of, the amount speci3 fied in subsection (b) (rather than the maximum amount

4 that would otherwise be applicable to those contributions

5 under the fiscal year 1998 baseline limitation).

6 (b) TOTAL AMOUNT.—The amount of the limitation

7 applicable under subsection (a) is the sum of the following:

8 (1) The amounts of unexpended balances, as of

9 the end of fiscal year 2005, of funds appropriated for

10 fiscal years before fiscal year 2006 for payments for

11 those budgets.

12 (2) The amount specified in subsection (c)(1).

13 (3) The amount specified in subsection (c)(2).

14 (4) The total amount of the contributions author15 ized to be made under section 2501.

16 (c) AUTHORIZED AMOUNTS.—Amounts authorized to

17 be appropriated by titles II and III of this Act are available

18 for contributions for the common-funded budgets of NATO

19 as follows:

20 (1) Of the amount provided in section 201(1),

21 $763,000 for the Civil Budget.

22 (2) Of the amount provided in section 301(1),

23 $238,364,000 for the Military Budget.

24 (d) DEFINITIONS.—For purposes of this section:
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1 (1) COMMON-FUNDED BUDGETS OF NATO.—The

2 term ‘‘common-funded budgets of NATO’’ means the

3 Military Budget, the Security Investment Program,

4 and the Civil Budget of the North Atlantic Treaty Or5 ganization (and any successor or additional account

6 or program of NATO).

7 (2) FISCAL YEAR 1998 BASELINE LIMITATION.—

8 The term ‘‘fiscal year 1998 baseline limitation’’

9 means the maximum annual amount of Department

10 of Defense contributions for common-funded budgets of

11 NATO that is set forth as the annual limitation in

12 section 3(2)(C)(ii) of the resolution of the Senate giv13 ing the advice and consent of the Senate to the ratifi14 cation of the Protocols to the North Atlantic Treaty

15 of 1949 on the Accession of Poland, Hungary, and the

16 Czech Republic (as defined in section 4(7) of that res17 olution), approved by the Senate on April 30, 1998.

18 SEC. 1004. REDUCTION IN CERTAIN AUTHORIZATIONS DUE

19 TO SAVINGS RELATING TO LOWER INFLA20 TION.

21 (a) REDUCTION.—The aggregate amount authorized to

22 be appropriated by titles I, II, and III is the amount equal

23 to the sum of all the amounts authorized to be appropriated

24 by such titles reduced by $1,300,000,000.
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1 (b) SOURCE OF SAVINGS.—Reductions required in

2 order to comply with subsection (a) shall be derived from

3 savings resulting from lower-than-expected inflation as a

4 result of the annual review of the budget conducted by the

5 Congressional Budget Office.

6 (c) ALLOCATION OF REDUCTION.—The Secretary of

7 Defense shall allocate the reduction required by subsection

8 (a) among the amounts authorized to be appropriated for

9 accounts in titles I, II, and III to reflect the extent to which

10 net savings from lower-than-expected inflation are allocable

11 to amounts authorized to be appropriated to such accounts.

12 SEC. 1005. AUTHORIZATION OF SUPPLEMENTAL APPRO13 PRIATIONS FOR FISCAL YEAR 2005.

14 Amounts authorized to be appropriated to the Depart15 ment of Defense and the Department of Energy for fiscal

16 year 2005 in the Ronald W. Reagan National Defense Au17 thorization Act for Fiscal Year 2005 (Public Law 108–375)

18 are hereby adjusted, with respect to any such authorized

19 amount, by the amount by which appropriations pursuant

20 to such authorization are increased (by a supplemental ap21 propriation) or decreased (by a rescission), or both, or are

22 increased by a transfer of funds, pursuant to title I or chap23 ter 2 of title IV of the Emergency Supplemental Appropria24 tions Act for Defense, the Global War on Terror, and Tsu25 nami Relief, 2005 (Public Law 109–13).
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1 SEC. 1006. INCREASE IN FISCAL YEAR 2005 TRANSFER AU2 THORITY.

3 Section 1001(a)(2) of the Ronald W. Reagan National

4 Defense Authorization Act for Fiscal Year 2005 (Public

5 Law 108–375; 118 Stat. 2034) is amended by striking

6 ‘‘$3,500,000,000’’ and inserting ‘‘$6,185,000,000’’.

7 SEC. 1007. MONTHLY DISBURSEMENT TO STATES OF STATE

8 INCOME TAX VOLUNTARILY WITHHELD FROM

9 RETIRED OR RETAINER PAY.

10 Section 1045(a) of title 10, United States Code, is

11 amended—

12 (1) by striking ‘‘quarter’’ the first place it ap13 pears and inserting ‘‘month’’; and

14 (2) by striking ‘‘during the month following that

15 calendar quarter’’ and inserting ‘‘during the following

16 calendar month’’.

17 SEC. 1008. AUTHORIZATION OF EMERGENCY SUPPLE18 MENTAL APPROPRIATIONS FOR THE DEPART19 MENT OF DEFENSE.

20 (a) FIRST EMERGENCY SUPPLEMENTAL TO MEET

21 NEEDS ARISING FROM HURRICANE KATRINA.—Amounts

22 authorized to be appropriated to the Department of Defense

23 for fiscal year 2005 in the Ronald W. Reagan National De24 fense Authorization Act for Fiscal Year 2005 (Public Law

25 108–375) are hereby adjusted, with respect to any such au26 thorized amount, by the amount by which appropriations
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1 pursuant to such authorized amount are increased by a

2 supplemental appropriation, or by a transfer of funds, pur3 suant to the Emergency Supplemental Appropriations Act

4 to Meet Immediate Needs Arising From the Consequences

5 of Hurricane Katrina, 2005 (Public Law 109–61).

6 (b) SECOND EMERGENCY SUPPLEMENTAL TO MEET

7 NEEDS ARISING FROM HURRICANE KATRINA.—Amounts

8 authorized to be appropriated to the Department of Defense

9 for fiscal year 2005 in the Ronald W. Reagan National De10 fense Authorization Act for Fiscal Year 2005 are hereby ad11 justed, with respect to any such authorized amount, by the

12 amount by which appropriations pursuant to such author13 ized amount are increased by a supplemental appropria14 tion, or by a transfer of funds, pursuant to the Second

15 Emergency Supplemental Appropriations Act to Meet Im16 mediate Needs Arising From the Consequences of Hurricane

17 Katrina, 2005 (Public Law 109–62).

18 (c) SUPPLEMENTAL APPROPRIATIONS FOR AVIAN FLU

19 PREPAREDNESS.—Amounts authorized to be appropriated

20 to the Department of Defense for fiscal year 2006 in this

21 Act are hereby adjusted, with respect to any such authorized

22 amount, by the amount by which appropriations pursuant

23 to such authorized amount are increased by a supplemental

24 appropriation, or by a transfer of funds, arising from the

25 proposal of the Administration relating to avian flu pre-
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1 paredness that was submitted to Congress on November 1,

2 2006.

3 (d) AMOUNTS REALLOCATED FOR HURRICANE-RE4 LATED DISASTER RELIEF.—Amounts authorized to be ap5 propriated to the Department of Defense for fiscal year

6 2006 in this Act are hereby adjusted, with respect to any

7 such authorized amount, by the amount by which appro8 priations pursuant to such authorized amount are in9 creased by a reallocation of funds from the Disaster Relief

10 Fund (DRF) of the Federal Emergency Management Agen11 cy arising from the proposal of the Director of the Office

12 of Management and Budget on the reallocation of amounts

13 for hurricane-related disaster relief that was submitted to

14 the President on October 28, 2005, and transmitted to the

15 Speaker of the House of Representatives on that date.

16 (e) AMOUNTS FOR HUMANITARIAN ASSISTANCE FOR

17 EARTHQUAKE VICTIMS IN PAKISTAN.—There is authorized

18 to be appropriated as emergency supplemental appropria19 tions for the Department of Defense for fiscal year 2006,

20 $40,000,000 for the use of the Department of Defense for

21 overseas, humanitarian, disaster, and civic aid for the pur22 pose of providing humanitarian assistance to the victims

23 of the earthquake that devastated northern Pakistan on Oc24 tober 8, 2005.

25 (f) REPORTS ON USE OF CERTAIN FUNDS.—
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1 (1) REPORT ON USE OF EMERGENCY SUPPLE2 MENTAL FUNDS.—Not later than six months after the

3 date of the enactment of this Act, the Secretary of De4 fense shall submit to the congressional defense com5 mittees a report on the obligation and expenditure, as

6 of that date, of any funds appropriated to the Depart7 ment of Defense for fiscal year 2005 pursuant to the

8 Acts referred to in subsections (a) and (b) as author9 ized by such subsections. The report shall set forth—

10 (A) the amounts so obligated and expended;

11 and

12 (B) the purposes for which such amounts

13 were so obligated and expended.

14 (2) REPORT ON EXPENDITURE OF REIMBURS15 ABLE FUNDS.—The Secretary shall include in the re16 port required by paragraph (1) a statement of any

17 expenditure by the Department of Defense of funds

18 that were reimbursable by the Federal Emergency

19 Management Agency, or any other department or

20 agency of the Federal Government, from funds appro21 priated in an Act referred to in subsection (a) or (b)

22 to such department or agency.

23 (3) REPORT ON USE OF CERTAIN OTHER

24 FUNDS.—Not later than May 15, 2006, and quarterly

25 thereafter through November 15, 2006, the Secretary
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1 shall submit to the congressional defense committees a

2 report on the obligation and expenditure, during the

3 previous fiscal year quarter, of any funds appro4 priated to the Department of Defense as specified in

5 subsection (c) and any funds reallocated to the De6 partment as specified in subsection (d). Each report

7 shall, for the fiscal year quarter covered by such re8 port, set forth—

9 (A) the amounts so obligated and expended;

10 and

11 (B) the purposes for which such amounts

12 were so obligated and expended.

13 (g) REPORT ON ASSISTANCE FOR EARTHQUAKE VIC14 TIMS IN PAKISTAN.—Not later than 30 days after the date

15 of the enactment of this Act, the Secretary of Defense shall

16 submit to the congressional defense committees a report de17 scribing Department of Defense efforts to provide relief to

18 victims of the earthquake that devastated northern Pakistan

19 on October 8, 2005, and assessing the need for further recon20 struction and relief assistance.

21 Subtitle B—Naval Vessels and

22 Shipyards

23 SEC. 1021. TRANSFER OF BATTLESHIPS.

24 (a) TRANSFER OF BATTLESHIP WISCONSIN.—The Sec25 retary of the Navy is authorized—
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1 (1) to strike the Battleship U.S.S. WISCONSIN

2 (BB–64) from the Naval Vessel Register; and

3 (2) subject to section 7306 of title 10, United

4 States Code, to transfer the vessel by gift or otherwise

5 provided that the Secretary requires, as a condition

6 of transfer, that the transferee locate the vessel in the

7 Commonwealth of Virginia.

8 (b) TRANSFER OF BATTLESHIP IOWA.—The Secretary

9 of the Navy is authorized—

10 (1) to strike the Battleship U.S.S. IOWA (BB–

11 61) from the Naval Vessel Register; and

12 (2) subject to section 7306 of title 10, United

13 States Code, to transfer the vessel by gift or otherwise

14 provided that the Secretary requires, as a condition

15 of transfer, that the transferee locate the vessel in the

16 State of California.

17 (c) INAPPLICABILITY OF NOTICE AND WAIT REQUIRE18 MENT.—Notwithstanding any provision of subsection (a) or

19 (b), section 7306(d) of title 10, United States Code, shall

20 not apply to the transfer authorized by subsection (a) or

21 the transfer authorized by subsection (b).

22 (d) REPEAL OF SUPERSEDED REQUIREMENTS AND

23 AUTHORITIES.—
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1 (1) Section 1011 of the National Defense Author2 ization Act for Fiscal Year 1996 (Public Law 104–

3 106; 110 Stat. 421) is repealed.

4 (2) Section 1011 of the Strom Thurmond Na5 tional Defense Authorization Act for Fiscal Year 1999

6 (Public Law 105–261; 112 Stat. 2118) is repealed.

7 SEC. 1022. CONVEYANCE OF NAVY DRYDOCK, JACKSON8 VILLE, FLORIDA.

9 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

10 Navy may convey to Atlantic Marine Property Holding

11 Company (in this section referred to as the ‘‘Company’’)

12 all right, title, and interest of the United States in and to

13 Navy Drydock No. AFDM 7 (the SUSTAIN), located in

14 Duval County, Florida. The Company is the current user

15 of the drydock.

16 (b) CONDITION OF CONVEYANCE.—The conveyance

17 under subsection (a) shall be subject to the condition that

18 the drydock remain at the facilities of the Company until

19 September 30, 2010.

20 (c) CONSIDERATION.—As consideration for the convey21 ance under subsection (a), the Company shall pay the Sec22 retary an amount equal to the fair market value of the dry23 dock as determined by the Secretary.

24 (d) 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 Subtitle C—Counterdrug Matters

5 SEC. 1031. USE OF UNMANNED AERIAL VEHICLES FOR

6 UNITED STATES BORDER RECONNAISSANCE.

7 (a) IN GENERAL.—Chapter 18 of title 10, United

8 States Code, is amended by adding at the end the following

9 new section:

10 ‘‘§ 383. Use of unmanned aerial vehicles for United

11 States border reconnaissance

12 ‘‘(a) IN GENERAL.—The Secretary of Defense is au13 thorized to use Department of Defense personnel and equip14 ment to conduct aerial reconnaissance within the area of

15 responsibility of the United States Northern Command with

16 unmanned aerial vehicles in order to conduct, for the pur17 poses specified in subsection (b), the following:

18 ‘‘(1) The detection and monitoring of, and com19 munication on, the movement of air and sea traffic

20 along the United States border.

21 ‘‘(2) The detection and monitoring of, and com22 munication on, the movement of surface traffic that

23 is—

24 ‘‘(A) outside of the geographic boundary of

25 the United States; or
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1 ‘‘(B) inside the United States, but within

2 not more than 25 miles of the geographic bound3 ary of the United States, with respect to surface

4 traffic first detected outside the geographic

5 boundary of the United States.

6 ‘‘(b) PURPOSES OF AUTHORIZED ACTIVITIES.—The

7 purposes of activities authorized by subsection (a) are as

8 follows:

9 ‘‘(1) To detect and monitor suspicious air, sea,

10 and surface traffic.

11 ‘‘(2) To communicate information on such traffic

12 to appropriate Federal law enforcement officials,

13 State law enforcement officials, and local law enforce14 ment officials.

15 ‘‘(c) FUNDS.—Amounts available to the Department of

16 Defense for counterdrug activities shall be available for ac17 tivities authorized by subsection (a).

18 ‘‘(d) LIMITATIONS.—Any limitations and restrictions

19 under this chapter with respect to the use of personnel,

20 equipment, and facilities under this chapter shall apply to

21 the exercise of the authority in subsection (a).

22 ‘‘(e) ANNUAL REPORTS ON USE OF UNMANNED AERIAL

23 VEHICLES.—(1) The Secretary of Defense shall submit to

24 the congressional defense committees each year a report on

25 the operation of unmanned aerial vehicles along the United
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1 States border under this section during the preceding year.

2 Each report shall include, for the year covered by such re3 port, the following:

4 ‘‘(A) A description of the aerial reconnaissance

5 missions carried out along the United States border

6 by unmanned aerial vehicles under this section, in7 cluding the total number of sorties and flight hours.

8 ‘‘(B) A statement of the costs of such missions.

9 ‘‘(C) A statement of the number of times data

10 collected by the Department of Defense from such mis11 sions was communicated to other authorities of the

12 Federal Government or to State or local authorities.

13 ‘‘(2) A report is not required under this subsection for

14 a year if no operations of unmanned aerial vehicles along

15 the United States border occurred under this section during

16 such year.

17 ‘‘(3) Each report under this subsection shall be sub18 mitted in unclassified form, but may include a classified

19 annex.

20 ‘‘(f) DEFINITIONS.—In this section:

21 ‘‘(1) The term ‘suspicious air, sea, and surface

22 traffic’ means any air, sea, or surface traffic that is

23 suspected of illegal activities, including involvement

24 in activities that would constitute a violation of any
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1 provision of law set forth in or described under sec2 tion 374(b)(4)(A) of this title.

3 ‘‘(2) The term ‘State law enforcement officials’

4 includes authorized members of the National Guard

5 operating under authority of title 32.’’.

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

7 the beginning of chapter 18 of such title is amended by add8 ing at the end the following new item:

‘‘383. Use of unmanned aerial vehicles for United States border reconnaissance.’’.

9 SEC. 1032. USE OF COUNTERDRUG FUNDS FOR CERTAIN

10 COUNTERTERRORISM OPERATIONS.

11 (a) AUTHORITY TO USE FUNDS.—In conjunction with

12 counterdrug activities authorized by law, the Secretary of

13 Defense may use funds authorized to be appropriated to the

14 Department of Defense for drug interdiction and

15 counterdrug activities in fiscal years 2006 and 2007 for the

16 detection, monitoring, and interdiction of terrorists, ter17 rorism-related activities, and other related transnational

18 threats along the borders and within the territorial waters

19 of the United States.

20 (b) CONSTRUCTION WITH OTHER AUTHORITY.—The

21 authority provided by subsection (a) is in addition to the

22 authority provided in section 124 of title 10, United States

23 Code.
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1 SEC. 1033. SUPPORT FOR COUNTER-DRUG ACTIVITIES

2 THROUGH BASES OF OPERATION AND TRAIN3 ING FACILITIES IN AFGHANISTAN.

4 In providing support for counterdrug activities under

5 section 1004 of the National Defense Authorization Act for

6 Fiscal Year 1991 (10 U.S.C. 374 note), the Secretary of De7 fense may, in accordance with a request under subsection

8 (a) of such section, provide through or utilizing bases of

9 operation or training facilities in Afghanistan—

10 (1) any type of support specified in subsection

11 (b) of such section for counter-drug activities; and

12 (2) any type of support for counter-drug related

13 Afghan criminal justice activities.

14 Subtitle D—Reports and Studies

15 SEC. 1041. MODIFICATION OF FREQUENCY OF SUBMITTAL

16 OF JOINT WARFIGHTING SCIENCE AND TECH17 NOLOGY PLAN.

18 (a) SUBMITTAL OF JOINT WARFIGHTING SCIENCE AND

19 TECHNOLOGY PLAN.—Section 270 of the National Defense

20 Authorization Act for Fiscal Year 1997 (10 U.S.C. 2501

21 note) is amended by striking ‘‘(a) ANNUAL PLAN RE22 QUIRED.—On March 1 of each year,’’ and inserting ‘‘Not

23 later than March 1 of each year through 2006, and March

24 1 every two years thereafter,’’.

25 (b) CONFORMING AMENDMENT.—The heading of such

26 section is amended by striking ‘‘ANNUAL’’.
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1 SEC. 1042. REVIEW AND ASSESSMENT OF DEFENSE BASE

2 ACT INSURANCE.

3 (a) IN GENERAL.—The Secretary of Defense shall, in

4 coordination with the Director of the Office of Management

5 and Budget and appropriate officials of the Department of

6 Labor, the Department of State and the United States

7 Agency for International Development, review current and

8 future needs, options, and risks associated with Defense

9 Base Act insurance.

10 (b) MATTERS TO BE ADDRESSED.—The review under

11 subsection (a) shall address the following matters:

12 (1) Cost-effective options for acquiring Defense

13 Base Act insurance.

14 (2) Methods for coordinating data collection ef15 forts among agencies and contractors on numbers of

16 employees, costs of insurance, and other information

17 relevant to decisions on Defense Base Act insurance.

18 (3) Improved communication and coordination

19 within and among agencies on the implementation of

20 Defense Base Act insurance.

21 (4) Actions to be taken to address difficulties in

22 the administration of Defense Base Act insurance, in23 cluding on matters relating to cost, data, enforcement,

24 and claims processing.

25 (c) REPORT REQUIRED.—Not later than one year after

26 the date of the enactment of this Act, the Secretary shall
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1 submit to the congressional defense committees a report on

2 the results of the review under subsection (a). The report

3 shall set forth the findings of the Secretary as a result of

4 the review and such recommendations, including rec5 ommendations for legislative or administrative action, as

6 the Secretary considers appropriate in light of the review.

7 (d) DEFENSE BASE ACT INSURANCE DEFINED.—In

8 this section, the term ‘‘Defense Base Act insurance’’ means

9 workers’ compensation insurance provided to contractor

10 employees pursuant to the Defense Base Act (42 U.S.C.

11 1651 et seq.).

12 SEC. 1043. COMPTROLLER GENERAL REPORT ON CORRO13 SION PREVENTION AND MITIGATION PRO14 GRAMS OF THE DEPARTMENT OF DEFENSE.

15 (a) REPORT REQUIRED.—Not later than April 1,

16 2007, the Comptroller General of the United States shall

17 submit to the congressional defense committees a report on

18 the effectiveness of the corrosion prevention and mitigation

19 programs of the Department of Defense.

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

21 shall include the following:

22 (1) An assessment of the document of the Depart23 ment of Defense entitled ‘‘Long-Term Strategy to Re24 duce Corrosion and the Effects of Corrosion on the
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1 Military Equipment and Infrastructure of the De2 partment of Defense’’, dated November 2004.

3 (2) An assessment of the adequacy for purposes

4 of the strategy set forth in that document of the fund5 ing requested in the budget of the President for fiscal

6 year 2006, as submitted to Congress pursuant to sec7 tion 1105(a) of title 31, United States Code, and the

8 associated Future-Years Defense Program under sec9 tion 221 of title 10, United States Code.

10 (3) An assessment of the adequacy and effective11 ness of the organizational structure of the Department

12 of Defense in implementing that strategy.

13 (4) An assessment of the progress made as of the

14 date of the report in establishing throughout the De15 partment common metrics, definitions, and proce16 dures on corrosion prevention and mitigation.

17 (5) An assessment of the progress made as of the

18 date of the report in establishing a baseline estimate

19 of the scope of the corrosion problems of the Depart20 ment.

21 (6) An assessment of the extent to which the

22 strategy of the Department on corrosion prevention

23 and mitigation has been revised to incorporate the

24 recommendations of the October 2004 Defense Science

25 Board report on corrosion control.
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1 (7) An assessment of the implementation of the

2 corrosion prevention and mitigation programs of the

3 Department during fiscal year 2006.

4 (8) Recommendations by the Comptroller Gen5 eral for addressing any shortfalls or areas of potential

6 improvement identified in the review for purposes of

7 the report.

8 SEC. 1044. REPORT ON DEPARTMENT OF DEFENSE RE9 SPONSE TO FINDINGS AND RECOMMENDA10 TIONS OF DEFENSE SCIENCE BOARD TASK

11 FORCE ON HIGH PERFORMANCE MICROCHIP

12 SUPPLY.

13 (a) REPORT REQUIRED.—Not later than March 15,

14 2006, the Secretary of Defense shall submit to the congres15 sional defense committees a report on the implementation

16 of the recommendations of the Defense Science Board Task

17 Force on High Performance Microchip Supply.

18 (b) CONTENTS.—The report required by subsection (a)

19 shall include the following:

20 (1) An analysis of each finding of the Task

21 Force.

22 (2) A detailed description of the response of the

23 Department of Defense to each recommendation of the

24 Task Force, including—
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1 (A) for each recommendation that is being

2 implemented or that the Secretary plans to

3 implement—

4 (i) a summary of actions that have

5 been taken to implement the recommenda6 tion; and

7 (ii) a schedule, with specific mile8 stones, for completing the implementation of

9 the recommendation; and

10 (B) For each recommendation that the Sec11 retary does not plan to implement—

12 (i) the reasons for the decision not to

13 implement the recommendation; and

14 (ii) a summary of alternative actions

15 the Secretary plans to take to address the

16 purposes underlying the recommendation.

17 (3) A summary of any additional actions the

18 Secretary plan to take to address concerns raised by

19 the Task Force.

20 (c) CONSULTATION.—To the extent practicable, the

21 Secretary may consult with other departments and agencies

22 of the Federal Government, institutions of higher education

23 and other academic organizations, and industry in the de24 velopment of the report required by subsection (a).
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1 SEC. 1045. REPORT ON USE OF SPACE RADAR FOR TOPO2 GRAPHICAL MAPPING FOR SCIENTIFIC AND

3 CIVIL PURPOSES.

4 (a) IN GENERAL.—Not later than January 15, 2006,

5 the Secretary of Defense shall submit to the congressional

6 defense committees on report on the feasibility and advis7 ability of utilizing the Space Radar for purposes of pro8 viding coastal zone and other topographical mapping infor9 mation, and related information, to the scientific commu10 nity and other elements of the private sector for scientific

11 and civil purposes.

12 (b) REPORT ELEMENTS.—The report required by sub13 section (a) shall include the following:

14 (1) A description and evaluation of any uses of

15 the Space Radar for scientific or civil purposes that

16 are identified by the Secretary for purposes of the re17 port.

18 (2) A description and evaluation of any addi19 tions or modifications to the Space Radar identified

20 by the Secretary for purposes of the report that would

21 increase the utility of the Space Radar to the sci22 entific community or other elements of the private

23 sector for scientific or civil purposes, including the

24 utilization of additional frequencies, the development

25 or enhancement of ground systems, and the enhance26 ment of operations.
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1 (3) A description of the costs of any additions or

2 modifications identified pursuant to paragraph (2).

3 (4) A description and evaluation of processes to

4 be utilized to determine the means of modifying the

5 Space Radar in order to meet the needs of the sci6 entific community or other elements of the private

7 sector with respect to the use of the Space Radar for

8 scientific or civil purposes, and a proposal for meet9 ing the costs of such modifications.

10 (5) A description and evaluation of the impacts,

11 if any, on the primary missions of the Space Radar,

12 and on the development of the Space Radar, of the use

13 of the Space Radar for scientific or civil purposes.

14 (6) A description of the process for developing re15 quirements for the Space Radar, including the in16 volvement of the Civil Applications Committee.

17 SEC. 1046. PILOT PROJECT FOR CIVILIAN LINGUIST RE18 SERVE CORPS.

19 (a) ESTABLISHMENT.—The Secretary of Defense (re20 ferred to in this section as the ‘‘Secretary’’), through the

21 National Security Education Program, shall conduct a 3-

22 year pilot project to establish the Civilian Linguist Reserve

23 Corps, which shall be composed of United States citizens

24 with advanced levels of proficiency in foreign languages

25 who would be available, upon request from the President,
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1 to perform any services or duties with respect to such for2 eign languages in the Federal Government as the President

3 may require.

4 (b) IMPLEMENTATION.—In establishing the Civilian

5 Linguist Reserve Corps, the Secretary, after reviewing the

6 findings and recommendations contained in the report re7 quired under section 325 of the Intelligence Authorization

8 Act for Fiscal Year 2003 (Public Law 107–306; 116 Stat.

9 2393), shall—

10 (1) identify several foreign languages that are

11 critical for the national security of the United States

12 and the relative priority of each such language;

13 (2) identify United States citizens with advanced

14 levels of proficiency in those foreign languages who

15 would be available to perform the services and duties

16 referred to in subsection (a);

17 (3) cooperate with other Federal agencies with

18 national security responsibilities to implement a pro19 cedure for calling for the performance of the services

20 and duties referred to in subsection (a); and

21 (4) implement a call for the performance of such

22 services and duties.

23 (c) CONTRACT AUTHORITY.—In establishing the Civil24 ian Linguist Reserve Corps, the Secretary may enter into

25 contracts with appropriate agencies or entities.
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1 (d) FEASIBILITY STUDY.—During the course of the

2 pilot project, the Secretary shall conduct a study of the best

3 practices in implementing the Civilian Linguist Reserve

4 Corps, including—

5 (1) administrative structure;

6 (2) languages to be offered;

7 (3) number of language specialists needed for

8 each language;

9 (4) Federal agencies who may need language

10 services;

11 (5) compensation and other operating costs;

12 (6) certification standards and procedures;

13 (7) security clearances;

14 (8) skill maintenance and training; and

15 (9) the use of private contractors to supply lan16 guage specialists.

17 (e) REPORTS.—

18 (1) EVALUATION REPORTS.—

19 (A) IN GENERAL.—Not later than 1 year

20 after the date of enactment of this Act, and an21 nually thereafter until the expiration of the 3-

22 year period beginning on such date of enactment,

23 the Secretary shall submit to Congress an eval24 uation report on the pilot project conducted

25 under this section.
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1 (B) CONTENTS.—Each report required

2 under subparagraph (A) shall contain informa3 tion on the operation of the pilot project, the suc4 cess of the pilot project in carrying out the objec5 tives of the establishment of a Civilian Linguist

6 Reserve Corps, and recommendations for the con7 tinuation or expansion of the pilot project.

8 (2) FINAL REPORT.—Not later than 6 months

9 after the completion of the pilot project, the Secretary

10 shall submit to Congress a final report summarizing

11 the lessons learned, best practices, and recommenda12 tions for full implementation of the Civilian Linguist

13 Reserve Corps.

14 (f) AUTHORIZATION OF APPROPRIATIONS.—There are

15 authorized to be appropriated $3,100,000 for fiscal year

16 2006 to carry out the pilot project under this section.

17 (g) OFFSET.—The amounts authorized to be appro18 priated by section 301(4) are hereby reduced by $3,100,000

19 from operation and maintenance, Air Force.

20 SEC. 1047. REPORT ON ALLEGED CLANDESTINE DETENTION

21 FACILITIES FOR INDIVIDUALS CAPTURED IN

22 THE GLOBAL WAR ON TERRORISM.

23 (a) IN GENERAL.—The President shall ensure that the

24 United States Government continues to comply with the au25 thorization, reporting, and notification requirements of title
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1 V of the National Security Act of 1947 (50 U.S.C. 413 et

2 seq.).

3 (b) DIRECTOR OF NATIONAL INTELLIGENCE RE4 PORT.—

5 (1) REPORT REQUIRED.—Not later than 60 days

6 after the date of the enactment of this Act, the Direc7 tor of National Intelligence shall provide to the mem8 bers of the Select Committee on Intelligence of the

9 Senate and the Permanent Select Committee on Intel10 ligence of the House of Representatives a detailed re11 port setting forth the nature and cost of, and other12 wise providing a full accounting on, any clandestine

13 prison or detention facility currently or formerly op14 erated by the United States Government, regardless of

15 location, where detainees in the global war on ter16 rorism are or were being held.

17 (2) ELEMENTS.—The report required by para18 graph (1) shall set forth, for each prison or facility,

19 if any, covered by such report, the following:

20 (A) The location and size of such prison or

21 facility.

22 (B) If such prison or facility is no longer

23 being operated by the United States Government,

24 the disposition of such prison or facility.
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1 (C) The number of detainees currently held

2 or formerly held, as the case may be, at such

3 prison or facility.

4 (D) Any plans for the ultimate disposition

5 of any detainees currently held at such prison or

6 facility.

7 (E) A description of the interrogation pro8 cedures used or formerly used on detainees at

9 such prison or facility, and a determination, in

10 coordination with other appropriate officials, on

11 whether such procedures are or were in compli12 ance with United States obligations under the

13 Geneva Conventions and the Convention Against

14 Torture.

15 (3) FORM OF REPORT.—The report required by

16 paragraph (1) shall be submitted in classified form.

17 SEC. 1048. RECORDS OF CIVILIAN CASUALTIES IN AFGHANI18 STAN AND IRAQ.

19 Not later than 90 days after enactment of this Act,

20 the Secretary of Defense shall submit a report to the Com21 mittee on Armed Services and the Committee on Appropria22 tions with the following information—

23 (a) Whether records of civilian casualties in Afghani24 stan and Iraq are kept by United States Armed Forces, and

25 if so, how and from what sources this information is col-
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1 lected, where it is kept, and who is responsible for main2 taining such records.

3 (b) Whether such records contain—

4 (1) any information relating to the cir5 cumstances under which the casualties occurred and

6 whether they were fatalities or injuries;

7 (2) if any condolence payment, compensation or

8 assistance was provided to the victim or to the vic9 tim’s family; and

10 (3) any other information relating to the casual11 ties.

12 SEC. 1049. ANNUAL REPORTS ON BUDGETING RELATING TO

13 KEY MILITARY EQUIPMENT.

14 (a) IN GENERAL.—Chapter 9 of title 10, United States

15 Code, is amended by adding at the end the following new

16 section:

17 ‘‘§ 234. Budgeting for key military equipment: annual

18 reports

19 ‘‘(a) ANNUAL REPORT REQUIRED.—The Secretary of

20 Defense shall submit to Congress each year, at or about the

21 time that the budget of the President is submitted to Con22 gress that year under section 1105(a) of title 31, a report

23 on the budgeting of the Department of Defense for key mili24 tary equipment.
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1 ‘‘(b) REPORT ELEMENTS.—The report required by sub2 section (a) for a year shall set forth the following:

3 ‘‘(1) A description of the current strategies of the

4 Department of Defense for sustaining key military

5 equipment, and for any modernization that will be

6 required of such equipment.

7 ‘‘(2) A description of the amounts required for

8 the Department for the fiscal year beginning in such

9 year in order to fully fund the strategies described in

10 paragraph (1).

11 ‘‘(3) A description of the amounts requested for

12 the Department for such fiscal year in order to fully

13 fund such strategies.

14 ‘‘(4) A description of the risks, if any, of failing

15 to fund such strategies in the amounts required to

16 fully fund such strategies (as specified in paragraph

17 (2)).

18 ‘‘(5) A description of the actions being taken by

19 the Department of Defense to mitigate the risks de20 scribed in paragraph (4).

21 ‘‘(c) KEY MILITARY EQUIPMENT DEFINED.—In this

22 section, the term ‘key military equipment’—

23 ‘‘(1) means—
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1 ‘‘(A) major weapons systems that are essen2 tial to accomplishing the national defense strat3 egy; and

4 ‘‘(B) other military equipment, such as

5 major command, communications, computer in6 telligence, surveillance, and reconnaissance

7 (C4ISR) equipment and systems designed to pre8 vent fratricide, that is critical to the readiness of

9 military units; and

10 ‘‘(2) includes equipment reviewed in the report of

11 the Comptroller General of the United States num12 bered GAO–06–141.’’.

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:

‘‘234. Budgeting for key military equipment: annual reports.’’.

16 SEC. 1049A. QUARTERLY REPORTS ON WAR STRATEGY IN

17 IRAQ.

18 (a) QUARTERLY REPORTS.—At the same time the Sec19 retary of Defense submits to Congress each report on sta20 bility and security in Iraq that is submitted to Congress

21 after the date of the enactment of this Act under the Joint

22 Explanatory Statement of the Committee on Conference to

23 accompany the conference report on the bill H.R. 1268 of

24 the 109th Congress, the Secretary of Defense and appro25 priate personnel of the Central Intelligence Agency shall
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1 provide the appropriate committees of Congress a briefing

2 on the strategy for the war in Iraq, including the measures

3 of evaluation utilized in determining the progress made in

4 the execution of that strategy.

5 (b) APPROPRIATE COMMITTEES OF CONGRESS DE6 FINED.—In this section, the term ‘‘appropriate committees

7 of Congress’’ means—

8 (1) the Committees on Armed Services and Ap9 propriations of the Senate; and

10 (2) the Committees on Armed Services and Ap11 propriations of the House of Representatives.

12 Subtitle E—Technical Amendments

13 SEC. 1051. TECHNICAL AMENDMENTS RELATING TO CER14 TAIN PROVISIONS OF ENVIRONMENTAL DE15 FENSE LAWS.

16 (a) DEFINITION OF ‘‘MILITARY MUNITIONS’’.—Section

17 101(e)(4)(B)(ii) of title 10, United States Code, is amended

18 by striking ‘‘explosives, and’’ and inserting ‘‘explosives

19 and’’.

20 (b) DEFENSE ENVIRONMENTAL RESTORATION PRO21 GRAM.—Section 2703(b) of such title is amended by striking

22 ‘‘ ‘unexploded ordnance’, ‘discarded military munitions’,

23 and’’ and inserting ‘‘ ‘discarded military munitions’ and’’.
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1 Subtitle F—Military Mail Matters

2 SEC. 1061. SAFE DELIVERY OF MAIL IN THE MILITARY MAIL

3 SYSTEM.

4 (a) PLAN REQUIRED.—

5 (1) IN GENERAL.—The Secretary of Defense shall

6 promptly develop and implement a plan to ensure

7 that the mail within the military mail system is safe

8 for delivery.

9 (2) SCREENING.—The plan under this subsection

10 shall provide for the screening of all mail within the

11 military mail system in order to detect the presence

12 in such mail of biological, chemical, or radiological

13 weapons, agents, or pathogens, or explosive devices,

14 before such mail is delivered to its intended recipi15 ents.

16 (b) FUNDING FOR PLAN.—The budget justification ma17 terials that are submitted to Congress with the budget of

18 the President for any fiscal year after fiscal year 2006, as

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

20 Code, shall include a description of the amounts required

21 in such fiscal year to carry out the plan under subsection

22 (a).

23 (c) REPORT ON SAFETY OF MAIL FOR DELIVERY.—

24 (1) REPORT REQUIRED.—Not later than 120

25 days after the date of the enactment of this Act, the
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1 Secretary shall submit to the congressional defense

2 committees a report on the safety of mail within the

3 military mail system for delivery.

4 (2) ELEMENTS.—The report shall include the fol5 lowing:

6 (A) An assessment of any existing defi7 ciencies in the military mail system in ensuring

8 that mail within such system is safe for delivery.

9 (B) The plan developed under subsection

10 (a).

11 (C) An estimate of the time and resources

12 required to implement the plan.

13 (D) A description of the delegation within

14 the Department of Defense of responsibility for

15 ensuring that mail within the military mail sys16 tem is safe for delivery, including responsibility

17 for the development, implementation, and over18 sight of improvements to that system in order to

19 ensure the safety of such mail for delivery.

20 (3) FORM.—The report shall be submitted in un21 classified form, but may include a classified annex.

22 (d) MAIL WITHIN THE MILITARY MAIL SYSTEM DE23 FINED.—
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1 (1) IN GENERAL.—Except as provided in para2 graph (2), in this section, the term ‘‘mail within the

3 military mail system’’—

4 (A) means—

5 (i) any mail that is posted through the

6 Military Post Offices (including Army Post

7 Offices (APOs) and Fleet Post Offices

8 (FPOs)), Department of Defense mail cen9 ters, military Air Mail Terminals, and

10 military Fleet Mail Centers; and

11 (ii) any mail or package posted in the

12 United States that is addressed to an un13 specified member of the Armed Forces; and

14 (B) includes any official mail posted by the

15 Department of Defense.

16 (2) EXCEPTION.—The term does not include any

17 mail posted as otherwise described in paragraph (1)

18 that has been screened for safety for delivery by the

19 United States Postal Service before its posting as so

20 described.

21 SEC. 1062. DELIVERY OF MAIL ADDRESSED TO ANY SERVICE

22 MEMBER.

23 (a) PROGRAM OF DELIVERY OF MAIL.—The Secretary

24 of Defense shall carry out a program under which mail and

25 packages addressed to Any Service Member that are posted
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1 in the United States shall be delivered to deployed members

2 of the Armed Forces overseas at or through such Army Post

3 Offices (APOs) and Fleet Post Offices (FPOs) as the Sec4 retary shall designate for purposes of the program.

5 (b) SCREENING OF MAIL.—In carrying out the pro6 gram required by subsection (a), the Secretary shall take

7 appropriate actions to ensure that the mail and packages

8 covered by the program are screened in order to detect the

9 presence in such mail and packages of biological, chemical,

10 or radiological weapons, agents, or pathogens, or explosive

11 devices, before such mail and packages are delivered to

12 members of the Armed Forces.

13 (c) DISTRIBUTION.—The Secretary shall ensure that

14 mail and packages delivered under the program required

15 by subsection (a) are widely distributed on an equitable

16 basis among all the Armed Forces in their overseas areas.

17 (d) OUTREACH.—

18 (1) IN GENERAL.—The Secretary shall, in col19 laboration with the Postmaster General, take appro20 priate actions to provide information to the public on

21 the program required by subsection (a).

22 (2) OUTLETS.—Information shall be provided to

23 the public under this subsection through Department

24 of Defense facilities and communications outlets,

25 Postal Service facilities, and such other means as the
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1 Secretary and the Postmaster General consider appro2 priate.

3 (e) ANY SERVICE MEMBER DEFINED.—In this section,

4 the term ‘‘Any Service Member’’ means an undesignated or

5 unspecified member of the Armed Forces (often addressed

6 on mail or packages as ‘‘Any American Service Member or

7 Soldier’’), rather than any particular or specified member

8 of the Armed Forces.

9 Subtitle G—Other Matters

10 SEC. 1071. POLICY ON ROLE OF MILITARY MEDICAL AND BE11 HAVIORAL SCIENCE PERSONNEL IN INTERRO12 GATION OF DETAINEES.

13 (a) POLICY REQUIRED.—The Secretary of Defense

14 shall establish the policy of the Department of Defense on

15 the role of military medical and behavioral science per16 sonnel in the interrogation of persons detained by the

17 Armed Forces. The policy shall apply uniformly throughout

18 the Armed Forces.

19 (b) REPORT.—Not later than March 1, 2006, the Sec20 retary shall submit to the congressional defense committees

21 a report on the policy established under subsection (a). The

22 report shall set forth the policy, and shall include such addi23 tional matters on the policy as the Secretary considers ap24 propriate.
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1 SEC. 1072. IMPROVEMENTS OF INTERNAL SECURITY ACT OF

2 1950.

3 (a) PROHIBITION ON HOLDING OF SECURITY CLEAR4 ANCE AFTER CERTAIN VIOLATIONS ON HANDLING OF CLAS5 SIFIED INFORMATION.—

6 (1) PROHIBITION.—Section 4 of the Internal Se7 curity Act of 1950 (50 U.S.C. 783) is amended by

8 adding at the end the following new subsection:

9 ‘‘(b) No person, including individuals in the executive

10 branch and Members of Congress and their staffs, who

11 knowingly violates a law or regulation regarding the han12 dling of classified information in a manner that could have

13 a significant adverse impact on the national security of the

14 United States, including the knowing disclosure of the iden15 tity of a covert agent of the Central Intelligence Agency or

16 the existence of classified programs or operations, the disclo17 sure of which could have such an impact, to a person not

18 authorized to receive such information, shall be permitted

19 to hold a security clearance for or obtain access to, classified

20 information.’’.

21 (2) APPLICABILITY.—Subsection (f) of section 4

22 of the Internal Security Act of 1950, as added by

23 paragraph (1), shall apply to any individual holding

24 a security clearance on or after the date of the enact25 ment of this Act with respect to any knowing viola26 tion of law or regulation described in such subsection,
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1 regardless of whether such violation occurs before, on,

2 or after that date.

3 (b) CLARIFICATION OF AUTHORITY TO ISSUE SECU4 RITY REGULATIONS AND ORDERS.—Section 21(a) of the In5 ternal Security Act of 1950 (Public Law 81–831; 64 Stat.

6 1005) is amended by inserting ‘‘or military or civilian di7 rector’’ after ‘‘military commander’’.

8 SEC. 1073. SUPPORT FOR YOUTH ORGANIZATIONS.

9 (a) SHORT TITLE.—This Act may be cited as the

10 ‘‘Support Our Scouts Act of 2005’’.

11 (b) SUPPORT FOR YOUTH ORGANIZATIONS.—

12 (1) DEFINITIONS.—In this subsection—

13 (A) the term ‘‘Federal agency’’ means each

14 department, agency, instrumentality, or other

15 entity of the United States Government; and

16 (B) the term ‘‘youth organization’’—

17 (i) means any organization that is des18 ignated by the President as an organization

19 that is primarily intended to—

20 (I) serve individuals under the

21 age of 21 years;

22 (II) provide training in citizen23 ship, leadership, physical fitness, serv24 ice to community, and teamwork; and
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1 (III) promote the development of

2 character and ethical and moral val3 ues; and

4 (ii) shall include—

5 (I) the Boy Scouts of America;

6 (II) the Girl Scouts of the United

7 States of America;

8 (III) the Boys Clubs of America;

9 (IV) the Girls Clubs of America;

10 (V) the Young Men’s Christian

11 Association;

12 (VI) the Young Women’s Chris13 tian Association;

14 (VII) the Civil Air Patrol;

15 (VIII) the United States Olympic

16 Committee;

17 (IX) the Special Olympics;

18 (X) Campfire USA;

19 (XI) the Young Marines;

20 (XII) the Naval Sea Cadets Corps;

21 (XIII) 4–H Clubs;

22 (XIV) the Police Athletic League;

23 (XV) Big Brothers—Big Sisters of

24 America; and
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1 (XVI) National Guard Youth

2 Challenge.

3 (2) IN GENERAL.—

4 (A) SUPPORT FOR YOUTH ORGANIZA5 TIONS.—

6 (i) SUPPORT.—No Federal law (including any rule,

7 regulation, directive, instruction, or order) shall be con8 strued to limit any Federal agency from providing any

9 form of support for a youth organization (including the Boy

10 Scouts of America or any group officially affiliated with

11 the Boy Scouts of America) that would result in that Fed12 eral agency providing less support to that youth organiza13 tion (or any similar organization chartered under the chap14 ter of title 36, United States Code, relating to that youth

15 organization) than was provided during the preceding fiscal

16 year. This clause shall be subject to the availability of ap17 propriations.

18 (ii) YOUTH ORGANIZATIONS THAT

19 CEASE TO EXIST.—Clause (i) shall not

20 apply to any youth organization that ceases

21 to exist.

22 (iii) WAIVERS.—The head of a Federal

23 agency may waive the application of clause

24 (i) to any youth organization with respect

25 to each conviction or investigation described
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1 under subclause (I) or (II) for a period of

2 not more than 2 fiscal years if—

3 (I) any senior officer (including

4 any member of the board of directors)

5 of the youth organization is convicted

6 of a criminal offense relating to the of7 ficial duties of that officer or the youth

8 organization is convicted of a criminal

9 offense; or

10 (II) the youth organization is the

11 subject of a criminal investigation re12 lating to fraudulent use or waste of

13 Federal funds.

14 (B) TYPES OF SUPPORT.—Support de15 scribed under this paragraph shall include—

16 (i) holding meetings, camping events,

17 or other activities on Federal property;

18 (ii) hosting any official event of such

19 organization;

20 (iii) loaning equipment; and

21 (iv) providing personnel services and

22 logistical support.

23 (c) SUPPORT FOR SCOUT JAMBOREES.—

24 (1) FINDINGS.—Congress makes the following

25 findings:
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1 (A) Section 8 of article I of the Constitution

2 of the United States commits exclusively to Con3 gress the powers to raise and support armies,

4 provide and maintain a Navy, and make rules

5 for the government and regulation of the land

6 and naval forces.

7 (B) Under those powers conferred by section

8 8 of article I of the Constitution of the United

9 States to provide, support, and maintain the

10 Armed Forces, it lies within the discretion of

11 Congress to provide opportunities to train the

12 Armed Forces.

13 (C) The primary purpose of the Armed

14 Forces is to defend our national security and

15 prepare for combat should the need arise.

16 (D) One of the most critical elements in de17 fending the Nation and preparing for combat is

18 training in conditions that simulate the prepa19 ration, logistics, and leadership required for de20 fense and combat.

21 (E) Support for youth organization events

22 simulates the preparation, logistics, and leader23 ship required for defending our national security

24 and preparing for combat.
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1 (F) For example, Boy Scouts of America’s

2 National Scout Jamboree is a unique training

3 event for the Armed Forces, as it requires the

4 construction, maintenance, and disassembly of a

5 ‘‘tent city’’ capable of supporting tens of thou6 sands of people for a week or longer. Camporees

7 at the United States Military Academy for Girl

8 Scouts and Boy Scouts provide similar training

9 opportunities on a smaller scale.

10 (2) SUPPORT.—Section 2554 of title 10, United

11 States Code, is amended by adding at the end the fol12 lowing:

13 ‘‘(i)(1) The Secretary of Defense shall provide at least

14 the same level of support under this section for a national

15 or world Boy Scout Jamboree as was provided under this

16 section for the preceding national or world Boy Scout Jam17 boree.

18 ‘‘(2) The Secretary of Defense may waive paragraph

19 (1), if the Secretary—

20 ‘‘(A) determines that providing the support sub21 ject to paragraph (1) would be detrimental to the na22 tional security of the United States; and

23 ‘‘(B) reports such a determination to the Con24 gress in a timely manner, and before such support is

25 not provided.’’.
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1 (d) EQUAL ACCESS FOR YOUTH ORGANIZATIONS.—

2 Section 109 of the Housing and Community Development

3 Act of 1974 (42 U.S.C. 5309) is amended—

4 (1) in the first sentence of subsection (b) by in5 serting ‘‘or (e)’’ after ‘‘subsection (a)’’; and

6 (2) by adding at the end the following:

7 ‘‘(e) EQUAL ACCESS.—

8 ‘‘(1) DEFINITION.—In this subsection, the term

9 ‘youth organization’ means any organization de10 scribed under part B of subtitle II of title 36, United

11 States Code, that is intended to serve individuals

12 under the age of 21 years.

13 ‘‘(2) IN GENERAL.—No State or unit of general

14 local government that has a designated open forum,

15 limited public forum, or nonpublic forum and that is

16 a recipient of assistance under this chapter shall deny

17 equal access or a fair opportunity to meet to, or dis18 criminate against, any youth organization, including

19 the Boy Scouts of America or any group officially af20 filiated with the Boy Scouts of America, that wishes

21 to conduct a meeting or otherwise participate in that

22 designated open forum, limited public forum, or non23 public forum.’’.
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1 SEC. 1074. UNIFORM STANDARDS FOR THE INTERROGATION

2 OF PERSONS UNDER THE DETENTION OF THE

3 DEPARTMENT OF DEFENSE.

4 (a) IN GENERAL.—No person in the custody or under

5 the effective control of the Department of Defense or under

6 detention in a Department of Defense facility shall be sub7 ject to any treatment or technique of interrogation not au8 thorized by and listed in the United States Army Field

9 Manual on Intelligence Interrogation.

10 (b) APPLICABILITY.—Subsection (a) shall not apply to

11 with respect to any person in the custody or under the effec12 tive control of the Department of Defense pursuant to a

13 criminal law or immigration law of the United States.

14 (c) CONSTRUCTION.—Nothing in this section shall be

15 construed to affect the rights under the United States Con16 stitution of any person in the custody or under the physical

17 jurisdiction of the United States.

18 SEC. 1075. PROHIBITION ON CRUEL, INHUMAN, OR DEGRAD19 ING TREATMENT OR PUNISHMENT OF PER20 SONS UNDER CUSTODY OR CONTROL OF THE

21 UNITED STATES GOVERNMENT.

22 (a) IN GENERAL.—No individual in the custody or

23 under the physical control of the United States Government,

24 regardless of nationality or physical location, shall be sub25 ject to cruel, inhuman, or degrading treatment or punish26 ment.
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1 (b) CONSTRUCTION.—Nothing in this section shall be

2 construed to impose any geographical limitation on the ap3 plicability of the prohibition against cruel, inhuman, or de4 grading treatment or punishment under this section.

5 (c) LIMITATION ON SUPERSEDURE.—The provisions of

6 this section shall not be superseded, except by a provision

7 of law enacted after the date of the enactment of this Act

8 which specifically repeals, modifies, or supersedes the provi9 sions of this section.

10 (d) CRUEL, INHUMAN, OR DEGRADING TREATMENT OR

11 PUNISHMENT DEFINED.—In this section, the term ‘‘cruel,

12 inhuman, or degrading treatment or punishment’’ means

13 the cruel, unusual, and inhumane treatment or punishment

14 prohibited by the Fifth, Eighth, and Fourteenth Amend15 ments to the Constitution of the United States, as defined

16 in the United States Reservations, Declarations and Under17 standings to the United Nations Convention Against Tor18 ture and Other Forms of Cruel, Inhuman or Degrading

19 Treatment or Punishment done at New York, December 10,

20 1984.

21 SEC. 1076. POLICY OF THE UNITED STATES ON THE INTER22 CONTINENTAL BALLISTIC MISSILE FORCE.

23 (a) FINDINGS.—Congress makes the following findings:

24 (1) Consistent with warhead levels agreed to in

25 the Moscow Treaty, the United States is modifying
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1 the capacity of the Minuteman III intercontinental

2 ballistic missile (ICBM) from its prior capability to

3 carry up to 3 independent reentry vehicles (RVs) to

4 carry as few as a single reentry vehicle, a process

5 known as downloading.

6 (2) A series of Department of Defense studies of

7 United States strategic forces, including the 2001 Nu8 clear Posture Review, has confirmed the continued

9 need for 500 intercontinental ballistic missiles.

10 (3) In a potential nuclear crisis it is important

11 that the nuclear weapons systems of the United States

12 be configured so as to discourage other nations from

13 making a first strike.

14 (4) The intercontinental ballistic missile force is

15 currently being considered as part of the deliberations

16 of the Department of Defense for the Quadrennial De17 fense Review.

18 (b) STATEMENT OF UNITED STATES POLICY.—It is the

19 policy of the United States to continue to deploy a force

20 of 500 intercontinental ballistic missiles, provided that un21 anticipated strategic developments may compel the United

22 States to make changes to this force structure in the future.

23 (c) MOSCOW TREATY DEFINED.—In this section, the

24 term ‘‘Moscow Treaty’’ means the Treaty Between the

25 United States of America and the Russian Federation on
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1 Strategic Offensive Reductions, done at Moscow on May 24,

2 2002.

3 SEC. 1077. GRANT OF FEDERAL CHARTER TO KOREAN WAR

4 VETERANS ASSOCIATION, INCORPORATED.

5 (a) GRANT OF CHARTER.—Part B of subtitle II of title

6 36, United States Code, is amended—

7 (1) by striking the following:

8 ‘‘CHAPTER 1201—[RESERVED]’’;

9 and

10 (2) by inserting after chapter 1103 the following

11 new chapter:

12 ‘‘CHAPTER 1201—KOREAN WAR VETERANS

13 ASSOCIATION, INCORPORATED

‘‘Sec.

‘‘120101. Organization.

‘‘120102. Purposes.

‘‘120103. Membership.

‘‘120104. Governing body.

‘‘120105. Powers.

‘‘120106. Restrictions.

‘‘120107. Tax-exempt status required as condition of charter.

‘‘120108. Records and inspection.

‘‘120109. Service of process.

‘‘120110. Liability for acts of officers and agents.

‘‘120111. Annual report.

‘‘120112. Definition.

14 ‘‘§ 120101. Organization

15 ‘‘(a) FEDERAL CHARTER.—Korean War Veterans As16 sociation, Incorporated (in this chapter, the ‘corporation’),

17 a nonprofit organization that meets the requirements for

18 a veterans service organization under section 501(c)(19) of

19 the Internal Revenue Code of 1986 and that is organized
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1 under the laws of the State of New York, is a federally char2 tered corporation.

3 ‘‘(b) EXPIRATION OF CHARTER.—If the corporation

4 does not comply with the provisions of this chapter, the

5 charter granted by subsection (a) expires.

6 ‘‘§ 120102. Purposes

7 ‘‘The purposes of the corporation are those provided

8 in its articles of incorporation and shall include the fol9 lowing:

10 ‘‘(1) Organize as a veterans service organization

11 in order to maintain a continuing interest in the wel12 fare of veterans of the Korean War, and rehabilitation

13 of the disabled veterans of the Korean War to include

14 all that served during active hostilities and subse15 quently in defense of the Republic of Korea, and their

16 families.

17 ‘‘(2) To establish facilities for the assistance of

18 all veterans and to represent them in their claims be19 fore the Department of Veterans Affairs and other or20 ganizations without charge.

21 ‘‘(3) To perpetuate and preserve the comradeship

22 and friendships born on the field of battle and nur23 tured by the common experience of service to our na24 tion during the time of war and peace.
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1 ‘‘(4) To honor the memory of those men and

2 women who gave their lives that a free America and

3 a free world might live by the creation of living me4 morial, monuments, and other forms of additional

5 educational, cultural, and recreational facilities.

6 ‘‘(5) To preserve for ourselves and our posterity

7 the great and basic truths and enduring principles

8 upon which this nation was founded.

9 ‘‘§ 120103. Membership

10 ‘‘Eligibility for membership in the corporation, and

11 the rights and privileges of members of the corporation, are

12 as provided in the bylaws of the corporation.

13 ‘‘§ 120104. Governing body

14 ‘‘(a) BOARD OF DIRECTORS.—The composition of the

15 board of directors of the corporation, and the responsibil16 ities of the board, are as provided in the articles of incorpo17 ration of the corporation.

18 ‘‘(b) OFFICERS.—The positions of officers of the cor19 poration, and the election of the officers, are as provided

20 in the articles of incorporation.

21 ‘‘§ 120105. Powers

22 ‘‘The corporation has only those powers provided in

23 its bylaws and articles of incorporation filed in each State

24 in which it is incorporated.
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1 ‘‘§ 120106. Restrictions

2 ‘‘(a) STOCK AND DIVIDENDS.—The corporation may

3 not issue stock or declare or pay a dividend.

4 ‘‘(b) POLITICAL ACTIVITIES.—The corporation, or a

5 director or officer of the corporation as such, may not con6 tribute to, support, or participate in any political activity

7 or in any manner attempt to influence legislation.

8 ‘‘(c) LOAN.—The corporation may not make a loan to

9 a director, officer, or employee of the corporation.

10 ‘‘(d) CLAIM OF GOVERNMENTAL APPROVAL OR AU11 THORITY.—The corporation may not claim congressional

12 approval, or the authority of the United States, for any of

13 its activities.

14 ‘‘(e) CORPORATE STATUS.—The corporation shall

15 maintain its status as a corporation incorporated under

16 the laws of the State of New York.

17 ‘‘§ 120107. Tax-exempt status required as condition of

18 charter

19 ‘‘If the corporation fails to maintain its status as an

20 organization exempt from taxation under the Internal Rev21 enue Code of 1986, the charter granted under this chapter

22 shall terminate.

23 ‘‘§ 120108. Records and inspection

24 ‘‘(a) RECORDS.—The corporation shall keep—

25 ‘‘(1) correct and complete records of account;
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1 ‘‘(2) minutes of the proceedings of its members,

2 board of directors, and committees having any of the

3 authority of its board of directors; and

4 ‘‘(3) at its principal office, a record of the names

5 and addresses of its members entitled to vote on mat6 ters relating to the corporation.

7 ‘‘(b) INSPECTION.—A member entitled to vote on mat8 ters relating to the corporation, or an agent or attorney

9 of the member, may inspect the records of the corporation

10 for any proper purpose, at any reasonable time.

11 ‘‘§ 120109. Service of process

12 ‘‘The corporation shall have a designated agent in the

13 District of Columbia to receive service of process for the cor14 poration. Notice to or service on the agent is notice to or

15 service on the Corporation.

16 ‘‘§ 120110. Liability for acts of officers and agents

17 ‘‘The corporation is liable for the acts of its officers

18 and agents acting within the scope of their authority.

19 ‘‘§ 120111. Annual report

20 ‘‘The corporation shall submit to Congress an annual

21 report on the activities of the corporation during the pre22 ceding fiscal year. The report shall be submitted at the same

23 time as the report of the audit required by section 10101(b)

24 of this title. The report may not be printed as a public docu25 ment.
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1 ‘‘§ 120112. Definition

2 ‘‘For purposes of this chapter, the term ‘State’ includes

3 the District of Columbia and the territories and possessions

4 of the United States.’’.

5 (b) CLERICAL AMENDMENT.—The item relating to

6 chapter 1201 in the table of chapters at the beginning of

7 subtitle II of title 36, United States Code, is amended to

8 read as follows:

‘‘1201. Korean War Veterans Association, Incorporated ......120101’’.

9 SEC. 1078. ESTABLISHMENT OF THE USS OKLAHOMA MEMO10 RIAL.

11 (a) SITE AND FUNDING FOR MEMORIAL.—Not later

12 than 6 months after the date of enactment of this section,

13 the Secretary of the Navy, in consultation with the Sec14 retary of the Interior shall identify an appropriate site on

15 Ford Island for a memorial for the USS Oklahoma con16 sistent with the ‘‘Pearl Harbor Naval Complex Design

17 Guidelines and Evaluation Criteria for Memorials, April

18 2005’’. The USS Oklahoma Foundation shall be solely re19 sponsible for raising the funds necessary to design and erect

20 a dignified and suitable memorial to the naval personnel

21 serving aboard the USS Oklahoma when it was attacked

22 on December 7, 1941.

23 (b) ADMINISTRATION AND MAINTENANCE OF MEMO24 RIAL.—After the site has been selected, the Secretary of the

25 Interior shall administer and maintain the site as part of
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1 the USS Arizona Memorial, a unit of the National Park

2 System, in accordance with the laws and regulations appli3 cable to land administered by the National Park Service

4 and any Memorandum of Understanding between the Sec5 retary of the Navy and the Secretary of the Interior. The

6 Secretary of the Navy shall continue to have jurisdiction

7 over the land selected as the site.

8 (c) FUTURE MEMORIALS.—Any future memorials for

9 United States Naval Vessels that were attacked at Pearl

10 Harbor on December 7, 1941, shall be consistent with the

11 ‘‘Pearl Harbor Naval Complex Design Guidelines and Eval12 uation Criteria for Memorials, April 2005’’.

13 (d) MASTER PLAN.—Not later than one year after the

14 date of the enactment of this Act, the Secretary of the Navy,

15 in consultation with the Secretary of the Interior, shall sub16 mit to the Committee on Armed Services and Committee

17 on Resources of the House of Representatives and the Com18 mittee on Armed Services and the Committee on Energy

19 and Natural Resources of the Senate, a master plan for op20 eration and management of the site presently encompassing

21 the visitors center for the USS Arizona Memorial, the area

22 commonly known as the ‘‘Halawa Landing’’, and any adja23 cent properties.
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1 SEC. 1079. PRAYER AT MILITARY SERVICE ACADEMY ACTIVI2 TIES.

3 (a) IN GENERAL.—The superintendent of a service

4 academy may have in effect such policy as the super5 intendent considers appropriate with respect to the offering

6 of a voluntary, nondenominational prayer at an otherwise

7 authorized activity of the academy, subject to the United

8 States Constitution and such limitations as the Secretary

9 of Defense may prescribe.

10 (b) SERVICE ACADEMIES.—For purposes of this sec11 tion, the term ‘‘service academy’’ means any of the fol12 lowing:

13 (1) The United States Military Academy.

14 (2) The United States Naval Academy.

15 (3) The United States Air Force Academy.

16 SEC. 1080. RIOT CONTROL AGENTS.

17 (a) RESTATEMENT OF POLICY.—It is the policy of the

18 United States that riot control agents are not chemical

19 weapons and that the president may authorize their use as

20 legitimate, legal, and non-lethal alternatives to the use of

21 force that, as provided in Executive Order 11850 (40 Fed.

22 Reg. 16187) and consistent with the resolution of ratifica23 tion of the Chemical Weapons convention, may be employed

24 by members of the Armed Forces in war in defensive mili25 tary modes to save lives, including the illustrative purposes

26 cited in Executive Order 11850.
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1 (b) REPORT REQUIRED.—

2 (1) IN GENERAL.—Not later than 180 days after

3 the date of the enactment of this Act, the President

4 shall submit to Congress a report on the use of riot

5 control agents by members of the Armed Forces.

6 (2) CONTENT.—The report required by para7 graph (1) shall include—

8 (A) a description of all regulations, doc9 trines, training materials, and any other infor10 mation related to the use of riot control agents

11 by members of the Armed Forces;

12 (B) a description of the doctrinal publica13 tions, training, and other resources provided or

14 available to members of the Armed Forces on an

15 annual basis with regard to the tactical employ16 ment of riot control agents;

17 (C) a description of how the material de18 scribed in subparagraphs (A) and (B) is con19 sistent with United States policy on the use of

20 riot control agents;

21 (D) a description of the availability of riot

22 control agents, and the means to employ them, to

23 members of the Armed Forces deployed in Iraq

24 and Afghanistan;
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1 (E) a description of the frequency of use of

2 riot control agents since January 1, 1992, and

3 a summary of views held by military com4 manders about the utility of the employing riot

5 control agents by members of the Armed Forces;

6 (F) a general description of steps taken or

7 to be taken by the Department of Defense to clar8 ify the circumstances under which riot control

9 agents may be used by members of the Armed

10 Forces; and

11 (G) an assessment of the legality of Execu12 tive Order 11850, including an explanation why

13 Executive Order 11850 remains valid under

14 United States law.

15 (3) FORM.—The report required by paragraph

16 (1) shall be submitted in unclassified form, but may

17 include a classified annex.

18 (c) DEFINITIONS.—In this section:

19 (1) CHEMICAL WEAPONS CONVENTION.—The

20 term ‘‘Chemical Weapons Convention’’ means the

21 Convention on the Prohibitions of Development, Pro22 duction, Stockpiling and Use of Chemical Weapons

23 and on Their Destruction, with annexes, done at

24 Paris, January 13, 1993, and entered into force April

25 29, 1997 (T. Doc. 103–21).
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1 (2) RESOLUTION OF RATIFICATION OF THE

2 CHEMICAL WEAPONS CONVENTION.—The term ‘‘resolu3 tion of ratification of the Chemical Weapons Conven4 tion’’ means S. Res. 75, 105th Congress, agreed to

5 April 24, 1997, advising and consenting to the ratifi6 cation of the Chemical Weapons Convention.

7 SEC. 1081. DRUG TRAFFICKING DETERRENCE.

8 (a) FINDINGS.—

9 (1) According to the Department of State, drug

10 trafficking organizations shipped approximately nine

11 tons of cocaine to the United States through the Do12 minican Republic in 2004, and are increasingly

13 using small, high-speed watercraft.

14 (2) Drug traffickers use the Caribbean corridor

15 to smuggle narcotics to the United States via Puerto

16 Rico and the Dominican Republic. This route is ideal

17 for drug trafficking because of its geographic expanse,

18 numerous law enforcement jurisdictions and frag19 mented investigative efforts.

20 (3) The tethered aerostat system in Lajas, Puerto

21 Rico contributes to deterring and detecting smugglers

22 moving illicit drugs into Puerto Rico. The aerostat’s

23 range and operational capabilities allow it to provide

24 surveillance coverage of the eastern Caribbean cor25 ridor and the strategic waterway between Puerto Rico
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1 and the Dominican Republic, known as the Mona

2 Passage.

3 (4) Including maritime radar on the Lajas aero4 stat will expand its ability to detect suspicious vessels

5 in the eastern Caribbean corridor.

6 (b) SENSE OF THE SENATE.—Given the above find7 ings, it is the Sense of the Senate that—

8 (1) Congress and the Department of Defense fully

9 fund the Counter-Drug Tethered Aerostat program.

10 (2) Department of Defense install maritime

11 radar on the Lajas, Puerto Rico aerostat.

12 SEC. 1082. ESTABLISHMENT OF NATIONAL FOREIGN LAN13 GUAGE COORDINATION COUNCIL.

14 (a) ESTABLISHMENT.—There is established the Na15 tional Foreign Language Coordination Council (in this sec16 tion referred to as the ‘‘Council’’), which shall be an inde17 pendent establishment as defined under section 104 of title

18 5, United States Code.

19 (b) MEMBERSHIP.—The Council shall consist of the

20 following members or their designees:

21 (1) The National Language Director, who shall

22 serve as the chairperson of the Council.

23 (2) The Secretary of Education.

24 (3) The Secretary of Defense.

25 (4) The Secretary of State.
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1 (5) The Secretary of Homeland Security.

2 (6) The Attorney General.

3 (7) The Director of National Intelligence.

4 (8) The Secretary of Labor.

5 (9) The Director of the Office of Personnel Man6 agement.

7 (10) The Director of the Office of Management

8 and Budget.

9 (11) The Secretary of Commerce.

10 (12) The Secretary of Health and Human Serv11 ices.

12 (13) The Secretary of the Treasury.

13 (14) The Secretary of Housing and Urban Devel14 opment.

15 (15) The Secretary of Agriculture.

16 (16) The Chairman and President of the Export17 Import Bank of the United States.

18 (17) The heads of such other Federal agencies as

19 the Council considers appropriate.

20 (c) RESPONSIBILITIES.—

21 (1) IN GENERAL.—The Council shall be charged

22 with—

23 (A) developing a national foreign language

24 strategy, within 18 months of the date of enact25 ment of this section, in consultation with—
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1 (i) State and local government agen2 cies;

3 (ii) academic sector institutions;

4 (iii) foreign language related interest

5 groups;

6 (iv) business associations;

7 (v) industry;

8 (vi) heritage associations; and

9 (vii) other relevant stakeholders;

10 (B) conducting a survey of the status of

11 Federal agency foreign language and area exper12 tise and agency needs for such expertise; and

13 (C) monitoring the implementation of such

14 strategy through—

15 (i) application of current and recently

16 enacted laws; and

17 (ii) the promulgation and enforcement

18 of rules and regulations.

19 (2) STRATEGY CONTENT.—The strategy developed

20 under paragraph (1) shall include—

21 (A) identification of crucial priorities

22 across all sectors;

23 (B) identification and evaluation of Federal

24 foreign language programs and activities,

25 including—
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1 (i) any duplicative or overlapping pro2 grams that may impede efficiency;

3 (ii) recommendations on coordination;

4 (iii) program enhancements; and

5 (iv) allocation of resources so as to

6 maximize use of resources;

7 (C) needed national policies and cor8 responding legislative and regulatory actions in

9 support of, and allocation of designated resources

10 to, promising programs and initiatives at all

11 levels (Federal, State, and local), especially in

12 the less commonly taught languages that are seen

13 as critical for national security and global com14 petitiveness during the next 20 to 50 years;

15 (D) effective ways to increase public aware16 ness of the need for foreign language skills and

17 career paths in all sectors that can employ those

18 skills, with the objective of increasing support for

19 foreign language study among—

20 (i) Federal, State, and local leaders;

21 (ii) students;

22 (iii) parents;

23 (iv) elementary, secondary, and post24 secondary educational institutions; and

25 (v) employers;
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1 (E) recommendations for incentives for re2 lated educational programs, including foreign

3 language teacher training;

4 (F) coordination of cross-sector efforts, in5 cluding public-private partnerships;

6 (G) coordination initiatives to develop a

7 strategic posture for language research and rec8 ommendations for funding for applied foreign

9 language research into issues of national con10 cern;

11 (H) recommendations for assistance for—

12 (i) the development of foreign language

13 achievement standards; and

14 (ii) corresponding assessments for the

15 elementary, secondary, and postsecondary

16 education levels, including the National As17 sessment of Educational Progress in foreign

18 languages;

19 (I) recommendations for development of—

20 (i) language skill-level certification

21 standards;

22 (ii) frameworks for pre-service and

23 professional development study for those

24 who teach foreign language;
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1 (iii) suggested graduation criteria for

2 foreign language studies and appropriate

3 non-language studies, such as—

4 (I) international business;

5 (II) national security;

6 (III) public administration;

7 (IV) health care;

8 (V) engineering;

9 (VI) law;

10 (VII) journalism; and

11 (VIII) sciences;

12 (J) identification of and means for repli13 cating best practices at all levels and in all sec14 tors, including best practices from the inter15 national community; and

16 (K) recommendations for overcoming bar17 riers in foreign language proficiency.

18 (d) SUBMISSION OF STRATEGY TO PRESIDENT AND

19 CONGRESS.—Not later than 18 months after the date of en20 actment of this section, the Council shall prepare and trans21 mit to the President and the relevant committees of Con22 gress the strategy required under subsection (c).

23 (e) MEETINGS.—The Council may hold such meetings,

24 and sit and act at such times and places, as the Council

25 considers appropriate, but shall meet in formal session at
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1 least 2 times a year. State and local government agencies

2 and other organizations (such as academic sector institu3 tions, foreign language-related interest groups, business as4 sociations, industry, and heritage community organiza5 tions) shall be invited, as appropriate, to public meetings

6 of the Council at least once a year.

7 (f) STAFF.—

8 (1) IN GENERAL.—The Director may—

9 (A) appoint, without regard to the provi10 sions of title 5, United States Code, governing

11 the competitive service, such personnel as the Di12 rector considers necessary; and

13 (B) compensate such personnel without re14 gard to the provisions of chapter 51 and sub15 chapter III of chapter 53 of that title.

16 (2) DETAIL OF GOVERNMENT EMPLOYEES.—

17 Upon request of the Council, any Federal Government

18 employee may be detailed to the Council without re19 imbursement, and such detail shall be without inter20 ruption or loss of civil service status or privilege

21 (3) EXPERTS AND CONSULTANTS.—With the ap22 proval of the Council, the Director may procure tem23 porary and intermittent services under section

24 3109(b) of title 5, United States Code.
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1 (4) TRAVEL EXPENSES.—Council members and

2 staff shall be allowed travel expenses, including per

3 diem in lieu of subsistence, at rates authorized for

4 employees of agencies under subchapter I of chapter

5 57 of title 5, United States Code, while away from

6 their homes or regular places of business in the per7 formance of services for the Council.

8 (5) SECURITY CLEARANCE.—

9 (A) IN GENERAL.—Subject to subparagraph

10 (B), the appropriate Federal agencies or depart11 ments shall cooperate with the Council in expedi12 tiously providing to the Council members and

13 staff appropriate security clearances to the extent

14 possible pursuant to existing procedures and re15 quirements.

16 (B) EXCEPTION.—No person shall be pro17 vided with access to classified information under

18 this section without the appropriate required se19 curity clearance access.

20 (6) COMPENSATION.—The rate of pay for any

21 employee of the Council (including the Director) may

22 not exceed the rate payable for level V of the Executive

23 Schedule under section 5316 of title 5, United States

24 Code.

25 (g) POWERS.—
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1 (1) DELEGATION.—Any member or employee of

2 the Council may, if authorized by the Council, take

3 any action that the Council is authorized to take in

4 this section.

5 (2) INFORMATION.—

6 (A) COUNCIL AUTHORITY TO SECURE.—The

7 Council may secure directly from any Federal

8 agency such information, consistent with Federal

9 privacy laws, including The Family Educational

10 Rights and Privacy Act (20 U.S.C. 1232g) and

11 Department of Education’s General Education

12 Provisions Act (20 U.S.C. 1232(h)), the Council

13 considers necessary to carry out its responsibil14 ities.

15 (B) REQUIREMENT TO FURNISH RE16 QUESTED INFORMATION.—Upon request of the

17 Director, the head of such agency shall furnish

18 such information to the Council.

19 (3) DONATIONS.—The Council may accept, use,

20 and dispose of gifts or donations of services or prop21 erty.

22 (4) MAIL.—The Council may use the United

23 States mail in the same manner and under the same

24 conditions as other Federal agencies.
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1 (h) CONFERENCES, NEWSLETTER, AND WEBSITE.—In

2 carrying out this section, the Council—

3 (1) may arrange Federal, regional, State, and

4 local conferences for the purpose of developing and co5 ordinating effective programs and activities to im6 prove foreign language education;

7 (2) may publish a newsletter concerning Federal,

8 State, and local programs that are effectively meeting

9 the foreign language needs of the nation; and

10 (3) shall create and maintain a website con11 taining information on the Council and its activities,

12 best practices on language education, and other rel13 evant information.

14 (i) REPORTS.—Not later than 90 days after the date

15 of enactment of this section, and annually thereafter, the

16 Council shall prepare and transmit to the President and

17 the relevant committees of Congress a report that

18 describes—

19 (1) the activities of the Council;

20 (2) the efforts of the Council to improve foreign

21 language education and training; and

22 (3) impediments to the use of a National Foreign

23 Language program, including any statutory and reg24 ulatory restrictions.
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1 (j) ESTABLISHMENT OF A NATIONAL LANGUAGE DI2 RECTOR.—

3 (1) IN GENERAL.—There is established a Na4 tional Language Director who shall be appointed by

5 the President. The National Language Director shall

6 be a nationally recognized individual with credentials

7 and abilities across the sectors to be involved with cre8 ating and implementing long-term solutions to

9 achieving national foreign language and cultural

10 competency.

11 (2) RESPONSIBILITIES.—The National Language

12 Director shall—

13 (A) develop and monitor the implementa14 tion of a national foreign language strategy

15 across all sectors;

16 (B) establish formal relationships among

17 the major stakeholders in meeting the needs of

18 the Nation for improved capabilities in foreign

19 languages and cultural understanding, including

20 Federal, State, and local government agencies,

21 academia, industry, labor, and heritage commu22 nities; and

23 (C) coordinate and lead a public informa24 tion campaign that raises awareness of public

25 and private sector careers requiring foreign lan-
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1 guage skills and cultural understanding, with the

2 objective of increasing interest in and support

3 for the study of foreign languages among na4 tional leaders, the business community, local offi5 cials, parents, and individuals.

6 (k) ENCOURAGEMENT OF STATE INVOLVEMENT.—

7 (1) STATE CONTACT PERSONS.—The Council

8 shall consult with each State to provide for the des9 ignation by each State of an individual to serve as

10 a State contact person for the purpose of receiving

11 and disseminating information and communications

12 received from the Council.

13 (2) STATE INTERAGENCY COUNCILS AND LEAD

14 AGENCIES.—Each State is encouraged to establish a

15 State interagency council on foreign language coordi16 nation or designate a lead agency for the State for the

17 purpose of assuming primary responsibility for co18 ordinating and interacting with the Council and

19 State and local government agencies as necessary.

20 (l) AUTHORIZATION OF APPROPRIATIONS.—There are

21 authorized to be appropriated such sums as necessary to

22 carry out this section.
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1 SEC. 1083. RETENTION OF REIMBURSEMENT FOR PROVI2 SION OF RECIPROCAL FIRE PROTECTION

3 SERVICES.

4 Section 5 of the Act of May 27, 1955 (chapter 105;

5 69 Stat. 67; 42 U.S.C. 1856d) is amended—

6 (1) by striking ‘‘Funds’’ and inserting ‘‘(a)

7 Funds’’; and

8 (2) by adding at the end the following new sub9 section:

10 ‘‘(b) Notwithstanding the provisions of subsection (a),

11 all sums received for any Department of Defense activity

12 for fire protection rendered pursuant to this Act shall be

13 credited to the appropriation fund or account from which

14 the expenses were paid. Amounts so credited shall be merged

15 with funds in such appropriation fund or account and shall

16 be available for the same purposes and subject to the same

17 limitations as the funds with which the funds are merged.’’.

18 SEC. 1084. EXPANSION OF EMERGENCY SERVICES UNDER

19 RECIPROCAL AGREEMENTS.

20 Subsection (b) of the first section of the Act of May

21 27, 1955 (69 Stat. 66, chapter 105; 42 U.S.C. 1856(b)) is

22 amended by striking ‘‘and fire fighting’’ and inserting ‘‘,

23 fire fighting, and emergency services, including basic and

24 advanced life support, hazardous material containment and

25 confinement, and special rescue events involving vehicular
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1 and water mishaps, and trench, building, and confined

2 space extractions’’.

3 SEC. 1085. RENEWAL OF MORATORIUM ON RETURN OF VET4 ERANS MEMORIAL OBJECTS TO FOREIGN NA5 TIONS WITHOUT SPECIFIC AUTHORIZATION

6 IN LAW.

7 Section 1051(c) of the National Defense Authorization

8 Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat.

9 763; 10 U.S.C. 2572 note) is amended by inserting ‘‘, and

10 during the period beginning on the date of the enactment

11 of the National Defense Authorization Act for Fiscal Year

12 2006 and ending on September 30, 2010.

13 SEC. 1086. SENSE OF THE SENATE REGARDING MANNED

14 SPACE FLIGHT.

15 (a) FINDINGS.—The Congress finds that—

16 (1) human spaceflight preeminence allows the

17 United States to project leadership around the world

18 and forms an important component of United States

19 national security;

20 (2) continued development of human spaceflight

21 in low-Earth orbit, on the Moon, and beyond adds to

22 the overall national strategic posture;

23 (3) human spaceflight enables continued steward24 ship of the region between the earth and the Moon—
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1 an area that is critical and of growing national and

2 international security relevance;

3 (4) human spaceflight provides unprecedented

4 opportunities for the United States to lead peaceful

5 and productive international relationships with the

6 world community in support of United States secu7 rity and geo-political objectives;

8 (5) a growing number of nations are pursuing

9 human spaceflight and space-related capabilities, in10 cluding China and India;

11 (6) past investments in human spaceflight capa12 bilities represent a national resource that can be built

13 upon and leveraged for a broad range of purposes, in14 cluding national and economic security; and

15 (7) the industrial base and capabilities rep16 resented by the Space Transportation System provide

17 a critical dissimilar launch capability for the nation.

18 (b) SENSE OF THE SENATE.—It is the sense of the Sen19 ate that it is in the national security interest of the United

20 States to maintain preeminence in human spaceflight.

21 SEC. 1087. ANNUAL REPORT ON COSTS TO CARRY OUT

22 UNITED NATIONS RESOLUTIONS.

23 (a) REQUIREMENT FOR ANNUAL REPORT.—The Sec24 retary of Defense and the Secretary of State shall submit

25 to the congressional defense committees, the Committee on
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1 Foreign Relations of the Senate, and the Committee on

2 International Relations of the House of Representatives an

3 annual report that sets forth all direct and indirect costs

4 (including incremental costs) incurred by the Department

5 of Defense during the preceding year in implementing or

6 supporting any resolution adopted by the United Nations

7 Security Council, including any such resolution calling for

8 international sanctions, international peacekeeping oper9 ations, international peace enforcement operations, moni10 toring missions, observer missions, or humanitarian mis11 sions undertaken by the Department of Defense. Each such

12 report shall include an aggregate of all such Department

13 of Defense costs by operation or mission, the percentage of

14 the United States contribution by operation or mission, and

15 the total cost of each operation or mission.

16 (b) COSTS FOR ASSISTING FOREIGN TROOPS.—The

17 Secretary of Defense and the Secretary of State shall detail

18 in each annual report required by this section all direct

19 and indirect costs (including incremental costs) incurred

20 in training, equipping, and otherwise assisting, preparing,

21 resourcing, and transporting foreign troops for imple22 menting or supporting any resolution adopted by the

23 United Nations Security Council, including any such reso24 lution calling for international sanctions, international

25 peacekeeping operations, international peace enforcement
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1 operations, monitoring missions, observer missions, or hu2 manitarian missions.

3 (c) CREDIT AND COMPENSATION.—The Secretary of

4 Defense and the Secretary of State shall detail in each an5 nual report required by this section all efforts made to seek

6 credit against past United Nations expenditures and all ef7 forts made to seek compensation from the United Nations

8 for costs incurred by the Department of Defense in imple9 menting and supporting United Nations activities.

10 (d) FORM OF REPORT.—Each annual report required

11 by this section shall be submitted in unclassified form, but

12 may include a classified annex.

13 SEC. 1088. SENSE OF SENATE ON AERONAUTICS RESEARCH

14 AND DEVELOPMENT.

15 (a) FINDINGS.—Congress makes the following findings:

16 (1) The advances made possible by Government17 funded research in emerging aeronautics technologies

18 have enabled longstanding military air superiority

19 for the United States in recent decades.

20 (2) Military aircraft incorporate advanced tech21 nologies developed at research centers of the National

22 Aeronautics and Space Administration.

23 (3) The vehicle systems program of the National

24 Aeronautics and Space Administration has provided

25 major technology advances that have been used in
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1 every major civil and military aircraft developed over

2 the last 50 years.

3 (4) It is important for the cooperative research

4 efforts of the National Aeronautics and Space Admin5 istration and the Department of Defense that funding

6 of research on military aviation technologies be ro7 bust.

8 (5) Recent National Aeronautics and Space Ad9 ministration and independent studies have dem10 onstrated the competitiveness, scientific merit, and

11 necessity of existing aeronautics programs.

12 (6) The economic and military security of the

13 United States is enhanced by the continued develop14 ment of improved aeronautics technologies.

15 (7) A national effort is needed to ensure that the

16 National Aeronautics and Space Administration can

17 help meet future aviation needs.

18 (b) SENSE OF SENATE.—It is the sense of the Senate

19 that it is in the national security interest of the United

20 States to maintain a strong aeronautics research and devel21 opment program within the Department of Defense and the

22 National Aeronautics and Space Administration.
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1 SEC. 1089. REPORT ON CLAIMS RELATED TO THE BOMBING

2 OF THE LABELLE DISCOTHEQUE.

3 (a) SENSE OF CONGRESS.—It is the sense of Congress

4 that—

5 (1) the Government of Libya should be com6 mended for the steps the Government has taken to re7 nounce terrorism and to eliminate Libya’s weapons of

8 mass destruction and related programs; and

9 (2) an important priority for improving rela10 tions between the United States and Libya should be

11 a good faith effort on the part of the Government of

12 Libya to resolve the claims of members of the Armed

13 Forces of the United States and other United States

14 citizens who were injured in the bombing of the

15 LaBelle Discotheque in Berlin, Germany that oc16 curred in April 1986, and of family members of mem17 bers of the Armed Forces of the United States who

18 were killed in that bombing.

19 (b) REPORTS.—

20 (1) INITIAL REPORT.—Not later than 90 days

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

22 of State shall submit to the appropriate congressional

23 committees a report on the status of negotiations be24 tween the Government of Libya and United States

25 claimants in connection with the bombing of the

26 LaBelle Discotheque in Berlin, Germany that oc-
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1 curred in April 1986, regarding resolution of their

2 claims. The report shall also include information on

3 efforts by the Government of the United States to urge

4 the Government of Libya to make a good faith effort

5 to resolve such claims.

6 (2) UPDATE.—Not later than one year after en7 actment of this Act, the Secretary of State shall sub8 mit to the appropriate congressional committees an

9 update of the report required by paragraph (1).

10 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE11 FINED.—In this section, the term ‘‘appropriate congres12 sional committees’’ means the Committee on Armed Services

13 and the Committee on Foreign Relations of the Senate and

14 the Committee on Armed Services and the Committee on

15 International Relations of the House of Representatives.

16 SEC. 1090. COAL-TO-LIQUID FUEL DEVELOPMENT PLAN.

17 (a) DEFINITION OF DESIGNATED COMMITTEES.—In

18 this section, the term ‘‘designated committees’’ means—

19 (1) the Committees on Armed Services, Energy

20 and Natural Resources, and Appropriations of the

21 Senate; and

22 (2) the Committees on Armed Services, Energy

23 and Commerce, and Appropriations of the House of

24 Representatives.
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1 (b) DEVELOPMENT PLAN AND REPORT.—Not later

2 than 90 days after the date of enactment of this Act, using

3 amounts available to the Department of Defense and the

4 National Energy Technology Laboratory of the Department

5 of Energy—

6 (1) the Secretary of Energy, in coordination

7 with the Secretary of Defense, shall prepare and sub8 mit to the designated committees a development plan

9 for a coal-to-liquid fuels program; and

10 (2) the Secretary of Defense, in coordination

11 with the Secretary of Energy, shall prepare and sub12 mit to the designated committees a report on the po13 tential use of the fuels by the Department of Defense.

14 (c) REQUIREMENTS.—The development plan described

15 in subsection (b)(1) shall be prepared taking into

16 consideration—

17 (1) technology needs and developmental barriers;

18 (2) economic and national security effects;

19 (3) environmental standards and carbon capture

20 and storage opportunities;

21 (4) financial incentives;

22 (5) timelines and milestones;

23 (6) diverse regions having coal reserves that

24 would be suitable for liquefaction plants;
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1 (7) coal-liquid fuel testing to meet civilian and

2 military engine standards and markets; and

3 (8) any roles other Federal agencies, State gov4 ernments, and international entities could play in de5 veloping a coal-to-liquid fuel industry.

6 SEC. 1091. SENSE OF SENATE ON COMMON REMOTELY OP7 ERATED WEAPONS STATION (CROWS) PLAT8 FORM.

9 (a) FINDINGS.—The Senate makes the following find10 ings:

11 (1) With only a few systems deployed, the Com12 mon Remotely Operated Weapons Station (CROWS)

13 platform is already saving the lives of soldiers today

14 in Iraq by moving soldiers out of the exposed gunner’s

15 seat and into the protective shell of an up-armored

16 Humvee.

17 (2) The Common Remotely Operated Weapons

18 Station platform dramatically improves battlefield

19 awareness by providing a laser rangefinder, night vi20 sion, telescopic vision, a fire control computer that al21 lows on-the-move target acquisition, and one-shot one22 kill accuracy at the maximum range of a weapon.

23 (3) As they become available, new technologies

24 can be incorporated into the Common Remotely Oper-
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1 ated Weapons Station platform, thus making the

2 platform scalable.

3 (4) The Army has indicated that an additional

4 $206,000,000 will be required in fiscal year 2006 to

5 procure 750 Common Remotely Operated Weapons

6 Station units for the Armed Forces, and to prepare

7 for future production of such weapons stations.

8 (b) SENSE OF SENATE.—It is the sense of the Senate

9 that the President should include in the next request sub10 mitted to Congress for supplemental funding for military

11 operations in Iraq and Afghanistan sufficient funds for the

12 production in fiscal year 2006 of a number of Common Re13 motely Operated Weapons Station units that is adequate

14 to meet the requirements of the Armed Forces.

15 SEC. 1092. REVIEW OF STATUS OF DETAINEES.

16 (a) SUBMITTAL OF PROCEDURES FOR STATUS REVIEW

17 OF DETAINEES AT GUANTANAMO BAY, CUBA.—Not later

18 than 180 days after the date of the enactment of this Act,

19 the Secretary of Defense shall submit to the congressional

20 defense committees, and to the Committees on the Judiciary

21 of the Senate and the House of Representatives, a report

22 setting forth the procedures of the Combatant Status Review

23 Tribunals and the noticed Administrative Review Boards

24 in operation at Guantanamo Bay, Cuba, for determining

25 the status of the detainees held at Guantanamo Bay.
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1 (b) PROCEDURES.—The procedures submitted to Con2 gress pursuant to subsection (a) shall, with respect to pro3 ceedings beginning after the date of the submittal of such

4 procedures under that subsection, ensure that—

5 (1) in making a determination of status of any

6 detainee under such procedures, a Combatant Status

7 Review Tribunal or Administrative Review Board

8 may not consider statements derived from persons

9 that, as determined by such Tribunal or Board, by

10 the preponderance of the evidence, were obtained with

11 undue coercion; and

12 (2) the Designated Civilian Official shall be an

13 officer of the United States Government whose ap14 pointment to office was made by the President, by

15 and with the advice and consent of the Senate.

16 (c) REPORT ON MODIFICATION OF PROCEDURES.—The

17 Secretary of Defense shall submit to the committees of Con18 gress referred to in subsection (a) a report on any modifica19 tion of the procedures submitted under subsection (a) not

20 later than 60 days before the date on which such modifica21 tion goes into effect.

22 (d) JUDICIAL REVIEW OF DETENTION OF ENEMY COM23 BATANTS.—
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1 (1) IN GENERAL.—Section 2241 of title 28,

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

3 the following:

4 ‘‘(e) No court, justice, or judge shall have jurisdiction

5 to hear or consider an application for a writ of habeas cor6 pus filed by or on behalf of an alien outside the United

7 States (as that term is defined in section 101(a)(38) of the

8 Immigration and Naturalization Act (8 U.S.C.

9 1101(a)(38)) who is detained by the Department of Defense

10 at Guantanamo Bay, Cuba.’’.

11 (2) REVIEW OF DECISIONS OF COMBATANT STA12 TUS REVIEW TRIBUNALS OF PROPRIETY OF DETEN13 TION.—

14 (A) IN GENERAL.—Subject to subpara15 graphs (B), (C), and (D), the United States

16 Court of Appeals for the District of Columbia

17 Circuit shall have exclusive jurisdiction to deter18 mine the validity of any decision of a Des19 ignated Civilian Official described in subsection

20 (b)(2) that an alien is properly detained as an

21 enemy combatant.

22 (B) LIMITATION ON CLAIMS.—The jurisdic23 tion of the United States Court of Appeals for

24 the District of Columbia Circuit under this
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1 paragraph shall be limited to claims brought by

2 or on behalf of an alien—

3 (i) who is, at the time a request for re4 view by such court is filed, detained by the

5 Department of Defense at Guantanamo

6 Bay, Cuba; and

7 (ii) for whom a Combatant Status Re8 view Tribunal has been conducted, pursuant

9 to applicable procedures specified by the

10 Secretary of Defense.

11 (C) SCOPE OF REVIEW.—The jurisdiction of

12 the United States Court of Appeals for the Dis13 trict of Columbia Circuit on any claims with re14 spect to an alien under this paragraph shall be

15 limited to the consideration of—

16 (i) whether the status determination of

17 the Combatant Status Review Tribunal

18 with regard to such alien applied the cor19 rect standards and was consistent with the

20 procedures specified by the Secretary of De21 fense for Combatant Status Review Tribu22 nals (including the requirement that the

23 conclusion of the Tribunal be supported by

24 a preponderance of the evidence and allow-
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1 ing a rebuttable presumption in favor the

2 Government’s evidence); and

3 (ii) whether subjecting an alien enemy

4 combatant to such standards and procedures

5 is consistent with the Constitution and laws

6 of the United States.

7 (D) TERMINATION ON RELEASE FROM CUS8 TODY.—The jurisdiction of the United States

9 Court of Appeals for the District of Columbia

10 Circuit with respect to the claims of an alien

11 under this paragraph shall cease upon the release

12 of such alien from the custody of the Department

13 of Defense.

14 (3) REVIEW OF FINAL DECISIONS OF MILITARY

15 COMMISSIONS.—

16 (A) IN GENERAL.—Subject to subpara17 graphs (C) and (D), the United States Court of

18 Appeals for the District of Columbia Circuit

19 shall have exclusive jurisdiction to determine the

20 validity of any final decision rendered pursuant

21 to Military Commission Order No. 1, dated Au22 gust 31, 2005 (or any successor military order).

23 (B) GRANT OF REVIEW.—Review under this

24 paragraph—
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1 (i) with respect to a capital case or a

2 case in which the alien was sentenced to a

3 term of imprisonment of 10 years or more,

4 shall be as of right; or

5 (ii) with respect to any other case,

6 shall be at the discretion of the United

7 States Court of Appeals for the District of

8 Columbia Circuit.

9 (C) LIMITATION ON APPEALS.—The juris10 diction of the United States Court of Appeals for

11 the District of Columbia Circuit under this

12 paragraph shall be limited to an appeal brought

13 by or on behalf of an alien—

14 (i) who was, at the time of the pro15 ceedings pursuant to the military order re16 ferred to in subparagraph (A), detained by

17 the Department of Defense at Guantanamo

18 Bay, Cuba; and

19 (ii) for whom a final decision has been

20 rendered pursuant to such military order.

21 (D) SCOPE OF REVIEW.—The jurisdiction of

22 the United States Court of Appeals for the Dis23 trict of Columbia Circuit on an appeal of a final

24 decision with respect to an alien under this
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1 paragraph shall be limited to the consideration

2 of—

3 (i) whether the final decision applied

4 the correct standards and was consistent

5 with the procedures specified in the mili6 tary order referred to in subparagraph (A);

7 and

8 (ii) whether subjecting an alien enemy

9 combatant to such order is consistent with

10 the Constitution and laws of the United

11 States.

12 (e) EFFECTIVE DATE.—

13 (1) IN GENERAL.—Except as provided in para14 graph (2), this section shall take effect on the day

15 after the date of the enactment of this Act.

16 (2) REVIEW OF COMBATANT STATUS TRIBUNAL

17 AND MILITARY COMMISSION DECISIONS.—Paragraphs

18 (2) and (3) of subsection (d) shall apply with respect

19 to any claim whose review is governed by one of such

20 paragraphs and that is pending on or after the date

21 of the enactment of this Act.
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1 TITLE XI—DEPARTMENT OF DE2 FENSE CIVILIAN PERSONNEL

3 POLICY

4 SEC. 1101. EXTENSION OF AUTHORITY FOR VOLUNTARY

5 SEPARATIONS IN REDUCTIONS IN FORCE.

6 Section 3502(f)(5) of title 5, United States Code, is

7 amended by striking ‘‘September 30, 2005’’ and inserting

8 ‘‘September 30, 2010’’.

9 SEC. 1102. COMPENSATORY TIME OFF FOR NON10 APPROPRIATED FUND EMPLOYEES OF THE

11 DEPARTMENT OF DEFENSE.

12 Section 5543 of title 5, United States Code, is amended

13 by adding at the end the following new subsection:

14 ‘‘(d) The Secretary of Defense may, on request of a

15 Department of Defense employee paid from non16 appropriated funds, grant such employee compensatory

17 time off from duty instead of overtime pay for overtime

18 work.’’.

19 SEC. 1103. EXTENSION OF AUTHORITY TO PAY SEVERANCE

20 PAYMENTS IN LUMP SUMS.

21 Section 5595(i)(4) of title 5, United States Code, is

22 amended by striking ‘‘October 1, 2006’’ and inserting ‘‘Oc23 tober 1, 2010’’.
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1 SEC. 1104. CONTINUATION OF FEDERAL EMPLOYEE HEALTH

2 BENEFITS PROGRAM ELIGIBILITY.

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. 1105. PERMANENT AND ENHANCED AUTHORITY FOR

13 SCIENCE, MATHEMATICS, AND RESEARCH

14 FOR TRANSFORMATION (SMART) DEFENSE

15 EDUCATION PROGRAM.

16 (a) PERMANENT AUTHORITY FOR PROGRAM.—Section

17 1105 of the Ronald W. Reagan National Defense Authoriza18 tion Act for Fiscal Year 2005 (Public Law 108–375; 118

19 Stat. 2074; 10 U.S.C. 2192 note) is amended—

20 (1) in subsection (a)—

21 (A) by striking ‘‘(1)’’; and

22 (B) by striking paragraph (2); and

23 (2) by striking ‘‘pilot’’ each place it appears.

24 (b) ASSISTANCE UNDER PROGRAM.—Such section is

25 further amended—

26 (1) in subsection (b)—
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1 (A) by striking ‘‘(b)’’ and all that follows

2 through ‘‘a scholarship’’ and inserting ‘‘(b) AS3 SISTANCE.—(1) Under the program under this

4 section, the Secretary of Defense may award a

5 scholarship or fellowship’’;

6 (B) in paragraph (1)(B), by inserting ‘‘ac7 credited’’ before ‘‘institution of higher edu8 cation’’;

9 (C) in paragraph (2)—

10 (i) by inserting ‘‘or fellowship’’ after

11 ‘‘scholarship’’;

12 (ii) by inserting ‘‘equipment expenses,’’

13 after ‘‘laboratory expenses,’’; and

14 (iii) by striking the second sentence;

15 and

16 (D) by adding at the end the following new

17 paragraph:

18 ‘‘(3) Any assistance payable to a person under this

19 subsection may be paid directly to the person awarded such

20 assistance or to an administering entity that shall disburse

21 such assistance to the person.’’; and

22 (2) in subsection (c)(2)—

23 (A) by striking ‘‘a scholarship’’ and insert24 ing ‘‘financial assistance’’;
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1 (B) by striking ‘‘the financial assistance

2 provided under the scholarship’’ and inserting

3 ‘‘such financial assistance’’; and

4 (C) by striking ‘‘the scholarship.’’ and in5 serting ‘‘such financial assistance.’’.

6 (c) EMPLOYMENT OF PROGRAM PARTICIPANTS.—Such

7 section is further amended—

8 (1) by redesignating subsections (d), (e), (f), (g),

9 and (h) as subsections (e), (f), (g), (h), and (i), respec10 tively; and

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

12 new subsection (d):

13 ‘‘(d) EMPLOYMENT OF PROGRAM PARTICIPANTS.—(1)

14 The Secretary of Defense may—

15 ‘‘(A) appoint or retain a person participating in

16 the program under this section in a position on an

17 interim basis during the period of such person’s pur18 suit of a degree under the program and for a period

19 not to exceed 2 years after completion of the degree,

20 but only if, in the case of the period after completion

21 of the degree—

22 ‘‘(i) there is no readily available appro23 priate permanent position for such person; and

24 ‘‘(ii) there is an active and ongoing effort to

25 identify and assign such person to an appro-
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1 priate permanent position as soon as prac2 ticable; and

3 ‘‘(B) if there is no appropriate permanent posi4 tion available after the end of the periods described in

5 subparagraph (A), separate such person from employ6 ment with the Department without regard to any

7 other provision of law, in which event the service

8 agreement of such person under subsection (c) shall

9 terminate.

10 ‘‘(2) The period of service of a person covered by para11 graph (1) in a position on an interim basis under that

12 paragraph shall, after completion of the degree, be treated

13 as a period of service for purposes of satisfying the obligated

14 service requirements of the person under the service agree15 ment of the person under subsection (c).’’.

16 (d) REFUND FOR PERIOD OF UNSERVED OBLIGATED

17 SERVICE.—Paragraph (1) of subsection (e) of such section,

18 as redesignated by subsection (c)(1) of this section, is

19 amended to read as follows:

20 ‘‘(1)(A) A participant in the program under this sec21 tion who is not an employee of the Department of Defense

22 and who voluntarily fails to complete the educational pro23 gram for which financial assistance has been provided

24 under this section, or fails to maintain satisfactory aca25 demic progress as determined in accordance with regula-
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1 tions prescribed by the Secretary of Defense, shall refund

2 to the United States an appropriate amount, as determined

3 by the Secretary.

4 ‘‘(B) A participant in the program under this section

5 who is an employee of the Department of Defense and

6 who—

7 ‘‘(i) voluntarily fails to complete the educational

8 program for which financial assistance has been pro9 vided, or fails to maintain satisfactory academic

10 progress as determined in accordance with regulations

11 prescribed by the Secretary; or

12 ‘‘(ii) before completion of the period of obligated

13 service required of such participant—

14 ‘‘(I) voluntarily terminates such partici15 pant’s employment with the Department; or

16 ‘‘(II) is removed from such participant’s

17 employment with the Department on the basis of

18 misconduct,

19 shall refund the United States an appropriate amount, as

20 determined by the Secretary.’’.

21 (e) CONFORMING AMENDMENTS.—

22 (1) Subsection (f) of such section, as redesignated

23 by subsection (c)(1) of this section, is further amended

24 by striking ‘‘PILOT’’.
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1 (2) The heading of such section is amended to

2 read as follows:

3 ‘‘SEC. 1105. SCIENCE, MATHEMATICS, AND RESEARCH FOR

4 TRANSFORMATION (SMART) DEFENSE EDU5 CATION PROGRAM.’’.

6 (3) Section 3304(a)(3)(B)(ii) of title 5, United

7 States Code, is—

8 (A) by striking ‘‘Scholarship Pilot Pro9 gram’’ and inserting ‘‘Defense Education Pro10 gram’’; and

11 (B) by inserting ‘‘(10 U.S.C. 2912 note)’’

12 after ‘‘for Fiscal Year 2005’’.

13 SEC. 1106. STRATEGIC HUMAN CAPITAL PLAN FOR CIVILIAN

14 EMPLOYEES OF THE DEPARTMENT OF DE15 FENSE.

16 (a) PLAN REQUIRED.—(1) Not later than six months

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

18 of Defense shall develop and submit to the appropriate com19 mittees of Congress a strategic plan to shape and improve

20 the civilian employee workforce of the Department of De21 fense.

22 (2) The plan shall be known as the ‘‘strategic human

23 capital plan’’.

24 (b) CONTENTS.—The strategic human capital plan re25 quired by subsection (a) shall include—
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1 (1) a workforce gap analysis, including an as2 sessment of—

3 (A) the critical skills and competencies that

4 will be needed in the future civilian employee

5 workforce of the Department of Defense to sup6 port national security requirements and effec7 tively manage the Department over the next dec8 ade;

9 (B) the skills and competencies of the exist10 ing civilian employee workforce of the Depart11 ment and projected trends in that workforce

12 based on expected losses due to retirement and

13 other attrition; and

14 (C) gaps in the existing or projected civil15 ian employee workforce of the Department that

16 should be addressed to ensure that the Depart17 ment has continued access to the critical skills

18 and competencies described in subparagraph (A);

19 and

20 (2) a plan of action for developing and reshap21 ing the civilian employee workforce of the Department

22 to address the gaps in critical skills and competencies

23 identified under paragraph (1)(C), including—
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1 (A) specific recruiting and retention goals,

2 including the program objectives of the Depart3 ment to be achieved through such goals; and

4 (B) specific strategies for development,

5 training, deploying, compensating, and moti6 vating the civilian employee workforce of the De7 partment, including the program objectives of the

8 Department to be achieved through such strate9 gies.

10 (c) INAPPLICABILITY OF CERTAIN LIMITATIONS.—The

11 recruitment and retention of civilian employees to meet the

12 goals established under subsection (b)(2)(A) shall not be sub13 ject to any limitation or constraint under statute or regula14 tions on the end strength of the civilian workforce of the

15 Department of Defense or any part of the workforce of the

16 Department.

17 (d) ANNUAL UPDATES.—Not later than March 1 of

18 each year from 2007 through 2012, the Secretary shall up19 date the strategic human capital plan required by sub20 section (a), as previously updated under this subsection.

21 (e) ANNUAL REPORTS.—Not later than March 1 of

22 each year from 2007 through 2012, the Secretary shall sub23 mit to the appropriate committees of Congress—

24 (1) the update of the strategic human capital

25 plan prepared in such year under subsection (d); and
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1 (2) the assessment of the Secretary, using results2 oriented performance measures, of the progress of the

3 Department of Defense in implementing the strategic

4 human capital plan.

5 (f) COMPTROLLER GENERAL REVIEW.—(1) Not later

6 than 90 days after the Secretary submits under subsection

7 (a) the strategic human capital plan required by that sub8 section, the Comptroller General shall submit to the appro9 priate committees of Congress a report on the plan.

10 (2) Not later than 90 days after the Secretary submits

11 under subsection (e) an update of the strategic human cap12 ital plan under subsection (d), the Comptroller General

13 shall submit to the appropriate committees of Congress a

14 report on the update.

15 (3) A report on the strategic human capital plan under

16 paragraph (1), or on an update of the plan under para17 graph (2), shall include the assessment of the Comptroller

18 General of the extent to which the plan or update, as the

19 case may be—

20 (A) complies with the requirements of this sec21 tion; and

22 (B) complies with applicable best management

23 practices (as determined by the Comptroller General).
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1 (g) APPROPRIATE COMMITTEES OF CONGRESS DE2 FINED.—In this section, the term ‘‘appropriate committees

3 of Congress’’ means—

4 (1) the Committees on Armed Services and

5 Homeland Security and Governmental Affairs of the

6 Senate; and

7 (2) the Committees on Armed Services and Gov8 ernment Reform of the House of Representatives.

9 SEC. 1107. INCREASE IN AUTHORIZED NUMBER OF DE10 FENSE INTELLIGENCE SENIOR EXECUTIVE

11 SERVICE EMPLOYEES.

12 Section 1606(a) of title 10, United States Code, is

13 amended by striking ‘‘544’’ and inserting ‘‘the following:

14 ‘‘(1) In fiscal year 2005, 544.

15 ‘‘(2) In fiscal year 2006, 619.

16 ‘‘(3) In fiscal years after fiscal year 2006, 694.’’.

17 SEC. 1108. COMPTROLLER GENERAL STUDY ON FEATURES

18 OF SUCCESSFUL PERSONNEL MANAGEMENT

19 SYSTEMS OF HIGHLY TECHNICAL AND SCI20 ENTIFIC WORKFORCES.

21 (a) IN GENERAL.—The Comptroller General of the

22 United States shall conduct a study to identify the features

23 of successful personnel management systems of the highly

24 technical and scientific workforces of the Department of De-
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1 fense laboratories and similar scientific facilities and insti2 tutions.

3 (b) ELEMENTS.—The study required by subsection (a)

4 shall include the following:

5 (1) An examination of the flexible personnel

6 management authorities, whether under statute or

7 regulations, currently being utilized at Department of

8 Defense demonstration laboratories to assist in the

9 management of the workforce of such laboratories.

10 (2) An identification of any flexible personnel

11 management authorities, whether under statute or

12 regulations, available for use in the management of

13 Department of Defense laboratories to assist in the

14 management of the workforces of such laboratories

15 that are not currently being utilized.

16 (3) An assessment of personnel management

17 practices utilized by scientific and technical labora18 tories and institutions that are similar to the Depart19 ment of Defense laboratories.

20 (4) A comparative analysis of the specific fea21 tures identified by the Comptroller General in success22 ful personnel management systems of highly technical

23 and scientific workforces to attract and retain critical

24 employees and to provide local management authority

25 to Department of Defense laboratory officials.
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1 (c) PURPOSES.—The purposes of the study shall

2 include—

3 (1) the identification of the specific features of

4 successful personnel management systems of highly

5 technical and scientific workforces;

6 (2) an assessment of the potential effects of the

7 utilization of such features by Department of Defense

8 laboratories on the missions of such laboratories and

9 on the mission of the Department of Defense as a

10 whole; and

11 (3) recommendations as to the future utilization

12 of such features in Department of Defense labora13 tories.

14 (d) LABORATORY PERSONNEL DEMONSTRATION AU15 THORITIES.—The laboratory personnel demonstration au16 thorities set forth in this subsection are as follows:

17 (1) The authorities in section 342(b) of the Na18 tional Defense Authorization Act for Fiscal Year 1995

19 (Public Law 103–337; 108 Stat. 2721), as amended

20 by section 1114 of the Floyd D. Spence National De21 fense Authorization Act for Fiscal Year 2001 (as en22 acted into law by Public Law 106–398 (114 Stat.

23 1654A–315)).

24 (2) The authorities in section 1101 of the Strom

25 Thurmond National Defense Authorization Act for
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1 Fiscal Year 1999 (Public Law 105–261; 5 U.S.C.

2 3104 note).

3 (e) REPORT.—Not later than one year after the date

4 of the enactment of this Act, the Comptroller General shall

5 submit to the appropriate committees of Congress a report

6 on the study required by this section. The report shall

7 include—

8 (1) a description of the study;

9 (2) an assessment of the effectiveness of the cur10 rent utilization by the Department of Defense of the

11 laboratory personnel demonstration authorities set

12 forth in subsection (d); and

13 (3) such recommendations as the Comptroller

14 General considers appropriate for the effective use of

15 available personnel management authorities to ensure

16 the successful personnel management of the highly

17 technical and scientific workforce of the Department

18 of Defense laboratories.

19 (f) APPROPRIATE COMMITTEES OF CONGRESS DE20 FINED.—In this section, the term ‘‘appropriate committees

21 of Congress’’ means—

22 (1) the Committees on Armed Services, Appro23 priations, and Homeland Security and Governmental

24 Affairs of the Senate; and
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1 (2) the Committees on Armed Services, Appro2 priations, and Government Reform of the House of

3 Representatives.

4 SEC. 1109. BID PROTESTS BY FEDERAL EMPLOYEES IN AC5 TIONS UNDER OFFICE OF MANAGEMENT AND

6 BUDGET CIRCULAR A–76.

7 (a) ELIGIBILITY TO PROTEST.—(1) Section 3551(2) of

8 title 31, United States Code, is amended to read as follows:

9 ‘‘(2) The term ‘interested party’—

10 ‘‘(A) with respect to a contract or a solicita11 tion or other request for offers described in para12 graph (1), means an actual or prospective bidder

13 or offeror whose direct economic interest would

14 be affected by the award of the contract or by

15 failure to award the contract; and

16 ‘‘(B) with respect to a public-private com17 petition conducted under Office of Management

18 and Budget Circular A–76 regarding perform19 ance of an activity or function of a Federal

20 agency, includes—

21 ‘‘(i) any official who submitted the

22 agency tender in such competition; and

23 ‘‘(ii) any one person who, for the pur24 pose of representing them in a protest under

25 this subchapter that relates to such competi-
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1 tion, has been designated as their agent by

2 a majority of the employees of such Federal

3 agency who are engaged in the performance

4 of such activity or function.’’.

5 (2)(A) Subchapter V of chapter 35 of such title is

6 amended by adding at the end the following new section:

7 ‘‘§ 3557. Expedited action in protests for Public-Pri8 vate competitions

9 ‘‘For protests in cases of public-private competitions

10 conducted under Office of Management and Budget Cir11 cular A–76 regarding performance of an activity or func12 tion of Federal agencies, the Comptroller General shall ad13 minister the provisions of this subchapter in a manner best

14 suited for expediting final resolution of such protests and

15 final action in such competitions.’’.

16 (B) The chapter analysis at the beginning of such

17 chapter is amended by inserting after the item relating to

18 section 3556 the following new item:

‘‘3557. Expedited action in protests for public-private competitions.’’.

19 (b) RIGHT TO INTERVENE IN CIVIL ACTION.—Section

20 1491(b) of title 28, United States Code, is amended by add21 ing at the end the following new paragraph:

22 ‘‘(5) If a private sector interested party commences an

23 action described in paragraph (1) in the case of a public24 private competition conducted under Office of Management

25 and Budget Circular A–76 regarding performance of an ac-
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1 tivity or function of a Federal agency, then an official or

2 person described in section 3551(2)(B) of title 31 shall be

3 entitled to intervene in that action.’’.

4 (c) APPLICABILITY.—Subparagraph (B) of section

5 3551(2) of title 31, United States Code (as added by sub6 section (a)), and paragraph (5) of section 1491(b) of title

7 28, United States Code (as added by subsection (b)), shall

8 apply to—

9 (1) protests and civil actions that challenge final

10 selections of sources of performance of an activity or

11 function of a Federal agency that are made pursuant

12 to studies initiated under Office of Management and

13 Budget Circular A–76 on or after January 1, 2004;

14 and

15 (2) any other protests and civil actions that re16 late to public-private competitions initiated under Of17 fice of Management and Budget Circular A–76 on or

18 after the date of the enactment of this Act.

19 TITLE XII—MATTERS RELATING

20 TO OTHER NATIONS

21 SEC. 1201. COMMANDERS’ EMERGENCY RESPONSE PRO22 GRAM.

23 (a) AUTHORITY FOR FISCAL YEARS 2006 AND 2007.—

24 During fiscal year 2006 and fiscal year 2007, from funds

25 made available to the Department of Defense for operation
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1 and maintenance for such fiscal year, not to exceed

2 $500,000,000 may be used in each such fiscal year to pro3 vide funds—

4 (1) for the Commanders’ Emergency Response

5 Program; and

6 (2) for a similar program to assist the people of

7 Afghanistan.

8 (b) QUARTERLY REPORTS.—Not later than 15 days

9 after the end of each fiscal-year quarter (beginning with

10 the first quarter of fiscal year 2006), the Secretary of De11 fense shall submit to the congressional defense committees

12 a report regarding the source of funds and the allocation

13 and use of funds during that quarter that were made avail14 able pursuant to the authority provided in this section or

15 under any other provision of law for the purposes of the

16 programs under subsection (a).

17 (c) COMMANDERS’ EMERGENCY RESPONSE PROGRAM

18 DEFINED.—In this section, the term ‘‘Commanders’ Emer19 gency Response Program’’ means the program established

20 by the Administrator of the Coalition Provisional Authority

21 for the purpose of enabling United States military com22 manders in Iraq to respond to urgent humanitarian relief

23 and reconstruction requirements within their areas of re24 sponsibility by carrying out programs that will imme25 diately assist the Iraqi people.
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1 SEC. 1202. ENHANCEMENT AND EXPANSION OF AUTHORITY

2 TO PROVIDE HUMANITARIAN AND CIVIC AS3 SISTANCE.

4 (a) INCREASE IN AUTHORIZED EXPENSES ASSOCI5 ATED WITH DETECTION AND CLEARANCE OF LAND6 MINES.—Subsection (c)(3) of section 401 of title 10, United

7 States Code, is amended by striking ‘‘$5,000,000’’ and in8 serting ‘‘$10,000,000’’.

9 (b) INCLUSION OF ASSISTANCE ON COMMUNICATIONS

10 AND INFORMATION INFRASTRUCTURE UNDER AUTHOR11 ITY.—Such section is further amended—

12 (1) in subsection (c)—

13 (A) by redesignating paragraph (4) as

14 paragraph (5); and

15 (B) by inserting after paragraph (3) the fol16 lowing new paragraph (4):

17 ‘‘(4) Expenses covered by paragraph (1) also include

18 expenses incurred in providing communications or infor19 mation systems equipment or supplies that are transferred

20 or otherwise furnished to a foreign country in furtherance

21 of the provision of other assistance under this section.’’; and

22 (2) in subsection (e), by adding at the end the

23 following new paragraph:

24 ‘‘(6) Restoring or improving the information and

25 communications infrastructure of a country, includ26 ing activities relating to the furnishing of education,
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1 training, and technical assistance with respect to in2 formation and communications technology.’’.

3 (c) EXPANSION OF AUTHORITY TO PROVIDE MEDICAL,

4 DENTAL, AND VETERINARY CARE.—Subsection (e)(1) of

5 such section is amended by inserting before the period the

6 following: ‘‘, including education, training, and technical

7 assistance related to the care provided’’.

8 (d) EFFECTIVE DATE.—The amendments made by this

9 section shall take effect on October 1, 2005.

10 SEC. 1203. MODIFICATION OF GEOGRAPHIC LIMITATION ON

11 PAYMENT OF PERSONNEL EXPENSES UNDER

12 BILATERAL OR REGIONAL COOPERATION

13 PROGRAMS.

14 Section 1051(b)(1) of title 10, United States Code, is

15 amended by striking ‘‘within the area’’ and all that follows

16 through ‘‘developing country is located’’ and inserting ‘‘to

17 and within the area of responsibility of a unified combatant

18 command (as such term is defined in section 161(c) of this

19 title)’’.

20 SEC. 1204. PAYMENT OF TRAVEL EXPENSES OF COALITION

21 LIAISON OFFICERS.

22 (a) AUTHORITY TO PAY CERTAIN TRAVEL EXPENSES

23 OF MILITARY OFFICERS ON COALITION MISSIONS.—Sub24 section (b) of section 1051a of title 10, United States Code,
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1 is amended by adding at the end the following new para2 graph:

3 ‘‘(3) The Secretary may pay the travel expenses of a

4 military officer of a developing country involved in coali5 tion operations while temporarily assigned to the head6 quarters of a combatant command, component command,

7 or subordinate operational command for the mission-related

8 roundtrip travel of such officer, upon the direction of the

9 commander of such command, from such headquarters to

10 one or more locations specified by the commander of such

11 command if such travel is determined to be in support of

12 United States national interests.’’.

13 (b) EXTENSION OF AUTHORITY TO PAY TRAVEL EX14 PENSES.—Subsection (e) of such section is amended by

15 striking ‘‘September 30, 2005’’ and inserting ‘‘September

16 30, 2009’’.

17 (c) EFFECTIVE DATE.—The amendments made by this

18 section shall take effect on October, 1, 2005.

19 SEC. 1205. PROHIBITION ON ENGAGING IN CERTAIN TRANS20 ACTIONS.

21 (a) APPLICATION OF IEEPA PROHIBITIONS TO THOSE

22 ATTEMPTING TO EVADE OR AVOID THE PROHIBITIONS.—

23 Section 206 of the International Emergency Economic Pow24 ers Act (50 U.S.C. 1705) is amended to read as follows:

25 ‘‘PENALTIES

26 ‘‘SEC. 206. (a) It shall be unlawful for—
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1 ‘‘(1) a person to violate or attempt to violate any

2 license, order, regulation, or prohibition issued under

3 this title;

4 ‘‘(2) a person subject to the jurisdiction of the

5 United States to take any action to evade or avoid,

6 or attempt to evade or avoid, a license, order, regula7 tion, or prohibition issued this title; or

8 ‘‘(3) a person subject to the jurisdiction of the

9 United States to approve, facilitate, or provide fi10 nancing for any action, regardless of who initiates or

11 completes the action, if it would be unlawful for such

12 person to initiate or complete the action.

13 ‘‘(b) A civil penalty of not to exceed $250,000 may be

14 imposed on any person who commits an unlawful act de15 scribed in paragraph (1), (2), or (3) of subsection (a).

16 ‘‘(c) A person who willfully commits, or willfully at17 tempts to commit, an unlawful act described in paragraph

18 (1), (2), or (3) of subsection (a) shall, upon conviction, be

19 fined not more than $500,000, or a natural person, may

20 be imprisoned not more than 10 years, or both; and any

21 officer, director, or agent of any person who knowingly par22 ticipates, or attempts to participate, in such unlawful act

23 may be punished by a like fine, imprisonment, or both.’’.
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1 (b) PRODUCTION OF RECORDS.—Section 203(a)(2) of

2 the International Emergency Economic Powers Act (50

3 U.S.C. 1702(a)(2)) is amended to read as follows:

4 ‘‘(2) In exercising the authorities granted by

5 paragraph (1), the President may require any person

6 to keep a full record of, and to furnish under oath,

7 in the form of reports, testimony, answers to ques8 tions, or otherwise, complete information relative to

9 any act or transaction referred to in paragraph (1),

10 either before, during, or after the completion thereof,

11 or relative to any interest in foreign property, or rel12 ative to any property in which any foreign country

13 or any national thereof has or has had any interest,

14 or as may be otherwise necessary to enforce the provi15 sions of such paragraph. The President may require

16 by subpoena or otherwise the production under oath

17 by any person of all such information, reports, testi18 mony, or answers to questions, as well as the produc19 tion of any required books of accounts, records, con20 tracts, letters, memoranda, or other papers, in the

21 custody or control of any person. The subpoena or

22 other requirement, in the case of contumacy or refusal

23 to obey, shall be enforceable by order of any appro24 priate United States district court.’’.
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1 (c) CLARIFICATION OF JURISDICTION TO ADDRESS

2 IEEPA VIOLATIONS.—Section 203 of the International

3 Emergency Economic Powers Act (50 U.S.C. 1702) is fur4 ther amended by adding at the end the following:

5 ‘‘(d) The district courts of the United States shall have

6 jurisdiction to issue such process described in subsection

7 (a)(2) as may be necessary and proper in the premises to

8 enforce the provisions of this title.’’.

9 SEC. 1206. BUILDING THE PARTNERSHIP SECURITY CAPAC10 ITY OF FOREIGN MILITARY AND SECURITY

11 FORCES.

12 (a) AUTHORITY.—The President may authorize build13 ing the capacity of partner nations’ military or security

14 forces to disrupt or destroy terrorist networks, close safe ha15 vens, or participate in or support United States, coalition,

16 or international military or stability operations.

17 (b) TYPES OF PARTNERSHIP SECURITY CAPACITY

18 BUILDING.—The partnership security capacity building

19 authorized under subsection (a) may include the provision

20 of equipment, supplies, services, training, and funding.

21 (c) AVAILABILITY OF FUNDS.—The Secretary of De22 fense may, at the request of the Secretary of State, support

23 partnership security capacity building as authorized under

24 subsection (a) by transferring funds available to the Depart25 ment of Defense to the Department of State. Any funds so
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1 transferred shall remain available until expended. The

2 amount of such partnership security capacity building sup3 port provided by the Department of Defense under this sec4 tion may not exceed $750,000,000 in any fiscal year.

5 (d) CONGRESSIONAL NOTIFICATION.—Before building

6 partnership security capacity under this section, the Secre7 taries of State and Defense shall submit to their congres8 sional oversight committees a notification of the nations

9 designated by the President with which partnership secu10 rity capacity will be built under this section and the nature

11 and amounts of security capacity building to occur. Any

12 such notification shall be submitted not less than 15 days

13 before the provision of such partnership security capacity

14 building.

15 (e) COMPLEMENTARY AUTHORITY.—The authority to

16 support partnership security capacity building under this

17 section is in addition to any other authority of the Depart18 ment of Defense to provide assistance to a foreign country.

19 (f) APPLICABLE LAW.—The authorities and limita20 tions in the Foreign Assistance Act of 1961 and the Foreign

21 Operations, Export Financing, and Related Programs Ap22 propriations Act, 2006 shall be applicable to assistance pro23 vided and funds transferred under the authority of this sec24 tion.
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1 (g) MILITARY AND SECURITY FORCES DEFINED.—In

2 this section, the term ‘‘military and security forces’’ in3 cludes armies, guard, border security, civil defense, infra4 structure protection, and police forces.

5 (h) EXPIRATION.—The authority in this section shall

6 expire on September 30, 2007.

7 SEC. 1207. SECURITY AND STABILIZATION ASSISTANCE.

8 (a) IN GENERAL.—Notwithstanding any other provi9 sion of law, upon a request from the Secretary of State,

10 with the agreement of the Secretary of Defense and upon

11 a determination by the President that an unforeseen emer12 gency exists that requires immediate reconstruction, secu13 rity, or stabilization assistance to a foreign country for the

14 purpose of restoring or maintaining peace and security in

15 that country, and that the provision of such assistance is

16 in the national security interests of the United States, the

17 Secretary of Defense may authorize the use or transfer of

18 defense articles, services, training or other support, includ19 ing support acquired by contract or otherwise, to provide

20 such assistance.

21 (b) AVAILABILITY OF FUNDS.—Subject to subsection

22 (a), the Secretary of Defense may transfer funds available

23 to the Department of Defense to the Department of State

24 or to any other Federal agency to carry out the purposes
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1 of this section, and funds so transferred shall remain avail2 able until expended.

3 (c) LIMITATION.—The aggregate value of assistance

4 provided or funds transferred under the authority of this

5 section may not exceed $200,000,000.

6 (d) COMPLEMENTARY AUTHORITY.—The authority to

7 provide assistance under this section is in addition to any

8 other authority of the Department of Defense to provide as9 sistance to a foreign country.

10 (e) NOTIFICATION REQUIREMENTS.—Before the exer11 cise of the authority in this section, the President shall no12 tify Congress of the exercise of such authority in accordance

13 with the procedures set forth in section 652 of the Foreign

14 Assistance Act of 1961 (22 U.S.C. 2411).

15 (f) APPLICABLE LAW.—(1) The authorities and limita16 tions in the Foreign Assistance Act of 1961 and the Foreign

17 Operations, Export Financing, and Related Programs Ap18 propriations Act, 2006 shall be applicable to assistance pro19 vided and funds transferred under the authority of this sec20 tion.

21 (2) Any authority available to the President to waive

22 a provision of law referred to in paragraph (1) may be exer23 cised by the President in a written document executed pur24 suant to subsection (a).
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1 (g) EXPIRATION.—The authority in this section shall

2 expire on September 30, 2007.

3 SEC. 1208. REPORT ON NONSTRATEGIC NUCLEAR WEAPONS.

4 (a) REVIEW.—Not later than six months after date of

5 enactment the Secretary of Defense shall, in consultation

6 with the Secretary of State, conduct a review of United

7 States and Russian nonstrategic nuclear weapons and de8 termine whether it is in the national security interest of

9 the United States—

10 (1) to reduce the number of United States and

11 Russian nonstrategic nuclear weapons;

12 (2) to improve the security of United States and

13 Russian nonstrategic nuclear weapons in storage and

14 during transport;

15 (3) to identify and develop mechanisms and pro16 cedures to implement transparent reductions in non17 strategic nuclear weapons; and

18 (4) to identify and develop mechanisms and pro19 cedures to implement the transparent dismantlement

20 of excess nonstrategic nuclear weapons.

21 (b) REPORT.—

22 (1) IN GENERAL.—The Secretary of Defense

23 shall, in consultation with the Secretary of State and

24 the Secretary of Energy, submit a joint report on the

25 results of the review required under subsection (a).
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1 The report shall include a plan to implement, not

2 later than October 1, 2006, actions determined to be

3 in the United States national security interest.

4 (2) FORM.—The report required under para5 graph (1) shall be submitted in unclassified form, but

6 may include an unclassified annex.

7 SEC. 1209. SENSE OF CONGRESS ON SUPPORT FOR NU8 CLEAR NON-PROLIFERATION TREATY.

9 Congress—

10 (1) reaffirms its support for the objectives of the

11 Treaty on the Non-Proliferation of Nuclear Weapons,

12 done at Washington, London, and Moscow July 1,

13 1968, and entered into force March 5, 1970 (the ‘‘Nu14 clear Non-Proliferation Treaty’’);

15 (2) expresses its support for all appropriate

16 measures to strengthen the Nuclear Non-Proliferation

17 Treaty and to attain its objectives; and

18 (3) calls on all parties to the Nuclear Non-Pro19 liferation Treaty—

20 (A) to insist on strict compliance with the

21 non-proliferation obligations of the Nuclear Non22 Proliferation Treaty and to undertake effective

23 enforcement measures against states that are in

24 violation of their obligations under the Treaty;
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1 (B) to agree to establish more effective con2 trols on enrichment and reprocessing technologies

3 that can be used to produce materials for nuclear

4 weapons;

5 (C) to expand the ability of the Inter6 national Atomic Energy Agency to inspect and

7 monitor compliance with safeguard agreements

8 and standards to which all states should adhere

9 through existing authority and the additional

10 protocols signed by the states party to the Nu11 clear Non-Proliferation Treaty;

12 (D) to demonstrate the international com13 munity’s unified opposition to a nuclear weap14 ons program in Iran by—

15 (i) supporting the efforts of the United

16 States and the European Union to prevent

17 the Government of Iran from acquiring a

18 nuclear weapons capability; and

19 (ii) using all appropriate diplomatic

20 means at their disposal to convince the Gov21 ernment of Iran to abandon its uranium

22 enrichment program;

23 (E) to strongly support the ongoing United

24 States diplomatic efforts in the context of the six25 party talks that seek the verifiable and irrevers-
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1 ible disarmament of North Korea’s nuclear

2 weapons programs and to use all appropriate

3 diplomatic means to achieve this result;

4 (F) to pursue diplomacy designed to address

5 the underlying regional security problems in

6 Northeast Asia, South Asia, and the Middle

7 East, which would facilitate non-proliferation

8 and disarmament efforts in those regions;

9 (G) to accelerate programs to safeguard and

10 eliminate nuclear weapons-usable material to the

11 highest standards to prevent access by terrorists

12 and governments;

13 (H) to halt the use of highly enriched ura14 nium in civilian reactors;

15 (I) to strengthen national and international

16 export controls and relevant security measures as

17 required by United Nations Security Council

18 Resolution 1540;

19 (J) to agree that no state may withdraw

20 from the Nuclear Non-Proliferation Treaty and

21 escape responsibility for prior violations of the

22 Treaty or retain access to controlled materials

23 and equipment acquired for ‘‘peaceful’’ purposes;

24 (K) to accelerate implementation of disar25 mament obligations and commitments under the
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1 Nuclear Non-Proliferation Treaty for the purpose

2 of reducing the world’s stockpiles of nuclear

3 weapons and weapons-grade fissile material; and

4 (L) to strengthen and expand support for

5 the Proliferation Security Initiative.

6 SEC. 1210. THE UNITED STATES-CHINA ECONOMIC AND SE7 CURITY REVIEW COMMISSION.

8 (a) FINDINGS.—Congress finds the following:

9 (1) The 2004 Report to Congress of the United

10 States-China Economic and Security Review Com11 mission states that—

12 (A) China’s State-Owned Enterprises

13 (SOEs) lack adequate disclosure standards,

14 which creates the potential for United States in15 vestors to unwittingly contribute to enterprises

16 that are involved in activities harmful to United

17 States security interests;

18 (B) United States influence and vital long19 term interests in Asia are being challenged by

20 China’s robust regional economic engagement

21 and diplomacy;

22 (C) the assistance of China and North

23 Korea to global ballistic missile proliferation is

24 extensive and ongoing;
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1 (D) China’s transfers of technology and

2 components for weapons of mass destruction

3 (WMD) and their delivery systems to countries of

4 concern, including countries that support acts of

5 international terrorism, has helped create a new

6 tier of countries with the capability to produce

7 WMD and ballistic missiles;

8 (E) the removal of the European Union

9 arms embargo against China that is currently

10 under consideration in the European Union

11 would accelerate weapons modernization and

12 dramatically enhance Chinese military capabili13 ties;

14 (F) China is developing a leading-edge

15 military with the objective of intimidating Tai16 wan and deterring United States involvement in

17 the Strait, and China’s qualitative and quan18 titative military advancements have already re19 sulted in a dramatic shift in the cross-Strait

20 military balance toward China; and

21 (G) China’s growing energy needs are driv22 ing China into bilateral arrangements that un23 dermine multilateral efforts to stabilize oil sup24 plies and prices, and in some cases may involve

25 dangerous weapons transfers.
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1 (2) On March 14, 2005, the National People’s

2 Congress approved a law that would authorize the use

3 of force if Taiwan formally declares independence.

4 (b) SENSE OF CONGRESS.—

5 (1) PLAN.—It is the sense of Congress that the

6 President should take immediate steps to establish a

7 coherent and comprehensive plan to address the emer8 gence of China economically, diplomatically, and

9 militarily, to promote mutually beneficial trade rela10 tions with China, and to encourage China’s adherence

11 to international norms in the areas of trade, inter12 national security, and human rights.

13 (2) CONTENTS.—The plan should contain the fol14 lowing:

15 (A) Actions to address China’s policy of

16 undervaluing its currency, including—

17 (i) encouraging China to continue to

18 upwardly revalue the Chinese yuan against

19 the United States dollar;

20 (ii) allowing the yuan to float against

21 a trade-weighted basket of currencies; and

22 (iii) concurrently encouraging United

23 States trading partners with similar inter24 ests to join in these efforts.
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1 (B) Actions to make better use of the World

2 Trade Organization (WTO) dispute settlement

3 mechanism and applicable United States trade

4 laws to redress China’s trade practices, including

5 exchange rate manipulation, denial of trading

6 and distribution rights, insufficient intellectual

7 property rights protection, objectionable labor

8 standards, subsidization of exports, and forced

9 technology transfers as a condition of doing busi10 ness. The United States Trade Representative

11 should consult with our trading partners regard12 ing any trade dispute with China.

13 (C) Actions to encourage United States dip14 lomatic efforts to identify and pursue initiatives

15 to revitalize United States engagement in East

16 Asia. The initiatives should have a regional focus

17 and complement bilateral efforts. The Asia-Pa18 cific Economic Cooperation forum (APEC) offers

19 a ready mechanism for pursuit of such initia20 tives.

21 (D) Actions by the administration to work

22 with China to prevent proliferation of prohibited

23 technologies and to secure China’s agreement to

24 renew efforts to curtail North Korea’s commer25 cial export of ballistic missiles.
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1 (E) Actions by the Secretaries of State and

2 Energy to consult with the International Energy

3 Agency with the objective of upgrading the cur4 rent loose experience-sharing arrangement where5 by China engages in some limited exchanges with

6 the organization, to a more structured arrange7 ment.

8 (F) Actions by the administration to de9 velop a coordinated, comprehensive national pol10 icy and strategy designed to maintain United

11 States scientific and technological leadership and

12 competitiveness, in light of the rise of China and

13 the challenges of globalization.

14 (G) Actions to review laws and regulations

15 governing the Committee on Foreign Investment

16 in the United States (CFIUS), including explor17 ing whether the definition of national security

18 should include the potential impact on national

19 economic security as a criterion to be reviewed,

20 and whether the chairmanship of CFIUS should

21 be transferred from the Secretary of the Treasury

22 to a more appropriate executive branch agency.

23 (H) Actions by the President and the Secre24 taries of State and Defense to press strongly
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1 their European Union counterparts to maintain

2 the EU arms embargo on China.

3 (I) Actions by the administration to dis4 courage foreign defense contractors from selling

5 sensitive military use technology or weapons sys6 tems to China. The administration should pro7 vide a comprehensive annual report to the ap8 propriate committees of Congress on the nature

9 and scope of foreign military sales to China,

10 particularly sales by Russia and Israel.

11 SEC. 1211. UNITED STATES POLICY ON IRAQ.

12 (a) SHORT TITLE.—This section may be cited as the

13 ‘‘United States Policy on Iraq Act’’.

14 (b) SENSE OF SENATE.—It is the sense of the Senate

15 that, in order to succeed in Iraq—

16 (1) members of the United States Armed Forces

17 who are serving or have served in Iraq and their fam18 ilies deserve the utmost respect and the heartfelt grati19 tude of the American people for their unwavering de20 votion to duty, service to the Nation, and selfless sac21 rifice under the most difficult circumstances;

22 (2) it is important to recognize that the Iraqi

23 people have made enormous sacrifices and that the

24 overwhelming majority of Iraqis want to live in peace

25 and security;
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1 (3) calendar year 2006 should be a period of sig2 nificant transition to full Iraqi sovereignty, with

3 Iraqi security forces taking the lead for the security

4 of a free and sovereign Iraq, thereby creating the con5 ditions for the phased redeployment of United States

6 forces from Iraq;

7 (4) United States military forces should not stay

8 in Iraq any longer than required and the people of

9 Iraq should be so advised;

10 (5) the Administration should tell the leaders of

11 all groups and political parties in Iraq that they need

12 to make the compromises necessary to achieve the

13 broad-based and sustainable political settlement that

14 is essential for defeating the insurgency in Iraq, with15 in the schedule they set for themselves; and

16 (6) the Administration needs to explain to Con17 gress and the American people its strategy for the suc18 cessful completion of the mission in Iraq.

19 (c) REPORTS TO CONGRESS ON UNITED STATES POL20 ICY AND MILITARY OPERATIONS IN IRAQ.—Not later than

21 90 days after the date of the enactment of this Act, and

22 every three months thereafter until all United States combat

23 brigades have redeployed from Iraq, the President shall sub24 mit to Congress an unclassified report on United States pol25 icy and military operations in Iraq. Each report shall in-
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1 clude to the extent practical, the following unclassified in2 formation:

3 (1) The current military mission and the diplo4 matic, political, economic, and military measures, if

5 any, that are being or have been undertaken to suc6 cessfully complete or support that mission, including:

7 (A) Efforts to convince Iraq’s main commu8 nities to make the compromises necessary for a

9 broad-based and sustainable political settlement.

10 (B) Engaging the international community

11 and the region in the effort to stabilize Iraq and

12 to forge a broad-based and sustainable political

13 settlement.

14 (C) Strengthening the capacity of Iraq’s

15 government ministries.

16 (D) Accelerating the delivery of basic serv17 ices.

18 (E) Securing the delivery of pledged eco19 nomic assistance from the international commu20 nity and additional pledges of assistance.

21 (F) Training Iraqi security forces and

22 transferring security responsibilities to those

23 forces and the government of Iraq.

24 (2) Whether the Iraqis have made the com25 promises necessary to achieve the broad-based and
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1 sustainable political settlement that is essential for

2 defeating the insurgency in Iraq.

3 (3) Any specific conditions included in the April

4 2005 Multi-National Forces-Iraq campaign action

5 plan (referred to in United States Government Ac6 countability Office October 2005 report on Rebuilding

7 Iraq: DOD Reports Should Link Economic, Govern8 ance, and Security Indicators to Conditions for Sta9 bilizing Iraq), and any subsequent updates to that

10 campaign plan, that must be met in order to provide

11 for the transition of security responsibility to Iraqi

12 security forces.

13 (4) To the extent that these conditions are not

14 covered under paragraph (3), the following should

15 also be addressed:

16 (A) The number of battalions of the Iraqi

17 Armed Forces that must be able to operate inde18 pendently or to take the lead in

19 counterinsurgency operations and the defense of

20 Iraq’s territory.

21 (B) The number of Iraqi special police units

22 that must be able to operate independently or to

23 take the lead in maintaining law and order and

24 fighting the insurgency.
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1 (C) The number of regular police that must

2 be trained and equipped to maintain law and

3 order.

4 (D) The ability of Iraq’s Federal ministries

5 and provincial and local governments to inde6 pendently sustain, direct, and coordinate Iraq’s

7 security forces.

8 (5) The criteria to be used to evaluate progress

9 toward meeting such conditions.

10 (6) A schedule for meeting such conditions, an

11 assessment of the extent to which such conditions have

12 been met, information regarding variables that could

13 alter that schedule, and the reasons for any subse14 quent changes to that schedule.

15 TITLE XIII—COOPERATIVE

16 THREAT REDUCTION WITH

17 STATES OF THE FORMER SO18 VIET UNION

19 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE20 DUCTION PROGRAMS AND FUNDS.

21 (a) SPECIFICATION OF CTR PROGRAMS.—For pur22 poses of section 301 and other provisions of this Act, Coop23 erative Threat Reduction programs are the programs speci24 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 biological weapons proliferation preven5 tion in the former Soviet Union, $60,849,000.

6 (6) For chemical weapons destruction in Russia,

7 $108,500,000.

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 (6) 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. PERMANENT WAIVER OF RESTRICTIONS ON USE

2 OF FUNDS FOR THREAT REDUCTION IN

3 STATES OF THE FORMER SOVIET UNION.

4 Section 1306 of the Bob Stump National Defense Au5 thorization Act for Fiscal Year 2003 (Public Law 107–314;

6 22 U.S.C. 5952 note) is amended—

7 (1) by striking subsections (c) and (d); and

8 (2) by redesignating subsection (e) as subsection

9 (c).

10 SEC. 1304. MODIFICATION OF AUTHORITY TO USE COOPER11 ATIVE THREAT REDUCTION FUNDS OUTSIDE

12 THE FORMER SOVIET UNION.

13 (a) IN GENERAL.—Subsection (a) of section 1308 of

14 the National Defense Authorization Act for Fiscal Year

15 2004 (Public Law 108–136; 117 Stat. 1662; 22 U.S.C.

16 5963) is amended—

17 (1) by striking ‘‘the President may’’ and insert18 ing ‘‘the Secretary of Defense may’’; and

19 (2) by striking ‘‘if the President’’ and inserting

20 ‘‘if the Secretary of Defense, with the concurrence of

21 the Secretary of State,’’.

22 (b) AVAILABILITY OF FUNDS.—Subsection (d) of such

23 section is amended—

24 (1) in paragraph (1)—

25 (A) by striking ‘‘The President’’ and insert26 ing ‘‘The Secretary of Defense’’; and
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1 (B) by striking ‘‘the President’’ and insert2 ing ‘‘the Secretary of Defense, with the concur3 rence of the Secretary of State,’’; and

4 (2) in paragraph (2)—

5 (A) by striking ‘‘10 days after’’ and insert6 ing ‘‘15 days before’’; and

7 (B) by striking ‘‘the President shall notify

8 Congress’’ and inserting ‘‘the Secretary of De9 fense shall notify the congressional defense com10 mittees’’.

11 SEC. 1305. REPEAL OF REQUIREMENT FOR ANNUAL COMP12 TROLLER GENERAL ASSESSMENT OF ANNUAL

13 DEPARTMENT OF DEFENSE REPORT ON AC14 TIVITIES AND ASSISTANCE UNDER COOPERA15 TIVE THREAT REDUCTION PROGRAMS.

16 Section 1308 of the Floyd D. Spence National Defense

17 Authorization Act for Fiscal Year 2001 (as enacted into law

18 by Public Law 106–398; 114 Stat. 1654A–341) is amended

19 by striking subsection (e).

20 SEC. 1306. REMOVAL OF CERTAIN RESTRICTIONS ON PROVI21 SION OF COOPERATIVE THREAT REDUCTION

22 ASSISTANCE.

23 (a) REPEAL OF RESTRICTIONS.—

24 (1) SOVIET NUCLEAR THREAT REDUCTION ACT

25 OF 1991.—Section 211(b) of the Soviet Nuclear Threat
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1 Reduction Act of 1991 (title II of Public Law 102–

2 228; 22 U.S.C. 2551 note) is repealed.

3 (2) COOPERATIVE THREAT REDUCTION ACT OF

4 1993.—Section 1203(d) of the Cooperative Threat Re5 duction Act of 1993 (title XII of Public Law 103–160;

6 22 U.S.C. 5952(d)) is repealed.

7 (3) RUSSIAN CHEMICAL WEAPONS DESTRUCTION

8 FACILITIES.—Section 1305 of the National Defense

9 Authorization Act for Fiscal Year 2000 (Public Law

10 106–65; 22 U.S.C. 5952 note) is repealed.

11 (b) INAPPLICABILITY OF OTHER RESTRICTIONS.—

12 Section 502 of the Freedom for Russia and Emerging

13 Eurasian Democracies and Open Markets Support Act of

14 1992 (Public Law 102–511; 106 Stat. 3338; 22 U.S.C.

15 5852) shall not apply to any Cooperative Threat Reduction

16 program.

17 TITLE XIV—AUTHORIZATION

18 FOR SUPPLEMENTAL APPRO19 PRIATIONS FOR IRAQ, AF20 GHANISTAN, AND THE GLOB21 AL WAR ON TERRORISM

22 SEC. 1401. PURPOSE.

23 The purpose of this title is to authorize supplemental

24 appropriations for the Department of Defense for fiscal year

25 2006 for operations in Iraq, Afghanistan, and the global
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1 war on terrorism that are in addition to the amounts other2 wise authorized to be appropriated for the Department of

3 Defense by this Act.

4 SEC. 1402. DESIGNATION AS EMERGENCY AMOUNTS.

5 Amounts appropriated pursuant to the authorizations

6 of appropriations in this title are designated as an emer7 gency requirement pursuant to section 402(b) of the con8 ference report to accompany H. Con. Res. 95 (109th Con9 gress).

10 SEC. 1403. ARMY PROCUREMENT.

11 (a) IN GENERAL.—Funds are hereby authorized to be

12 appropriated for fiscal year 2006 for procurement accounts

13 of the Army in amounts as follows:

14 (1) For aircraft, $70,300,000.

15 (2) For weapons and tracked combat vehicles,

16 $27,800,000.

17 (3) For other procurement $376,700,000.

18 (b) AVAILABILITY OF CERTAIN AMOUNTS.—

19 (1) AVAILABILITY.—Of the amount authorized to

20 be appropriated by subsection (a)(3), $225,000,000

21 shall be available for purposes as follows:

22 (A) Procurement of up-armored high mobil23 ity multipurpose wheeled vehicles (UAHs).

24 (B) Procurement of wheeled vehicle add-on

25 armor protection, including armor for M1151/
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1 M1152 high mobility multipurpose wheeled vehi2 cles.

3 (C) Procurement of M1151/M1152 high mo4 bility multipurpose wheeled vehicles.

5 (2) ALLOCATION OF FUNDS.—

6 (A) IN GENERAL.—Subject to subparagraph

7 (B), the Secretary of the Army shall allocate the

8 manner in which amounts available under para9 graph (1) shall be available for the purposes

10 specified in that paragraph.

11 (B) LIMITATION.—Amounts available under

12 paragraph (1) may not be allocated under sub13 paragraph (A) until the Secretary certifies to the

14 congressional defense committees that the Army

15 has a validated requirement for procurement for

16 a purpose specified in paragraph (1) based on a

17 statement of urgent needs from a commander of

18 a combatant command.

19 (C) REPORTS.—Not later than 15 days

20 after an allocation of funds is made under sub21 paragraph (A), the Secretary shall submit to the

22 congressional defense committees a report de23 scribing such allocation of funds.
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1 SEC. 1404. NAVY AND MARINE CORPS PROCUREMENT.

2 (a) NAVY.—Funds are hereby authorized to be appro3 priated for fiscal year 2006 for the procurement accounts

4 of the Navy in amounts as follows:

5 (1) For aircraft, $183,800,000.

6 (2) For weapons, including missiles and tor7 pedoes, $165,500,000.

8 (3) For other procurement, $30,800,000.

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

10 be appropriated for fiscal year 2006 for the procurement

11 account for the Marine Corps in the amount of

12 $429,600,000.

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

14 are hereby authorized to be appropriated for fiscal year

15 2006 for the procurement account for ammunition for the

16 Navy and the Marine Corps in the amount of $104,500,000.

17 (d) AVAILABILITY OF CERTAIN AMOUNTS.—

18 (1) AVAILABILITY.—Of the amount authorized to

19 be appropriated by subsection (b), $340,400,000 shall

20 be available for purposes as follows:

21 (A) Procurement of up-armored high mobil22 ity multipurpose wheeled vehicles (UAHs).

23 (B) Procurement of wheeled vehicle add-on

24 armor protection, including armor for M1151/

25 M1152 high mobility multipurpose wheeled vehi26 cles.
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1 (C) Procurement of M1151/M1152 high mo2 bility multipurpose wheeled vehicles.

3 (2) ALLOCATION OF FUNDS.—

4 (A) IN GENERAL.—Subject to subparagraph

5 (B), the Secretary of the Navy shall allocate the

6 manner in which amounts available under para7 graph (1) shall be available for the purposes

8 specified in that paragraph.

9 (B) LIMITATION.—Amounts available under

10 paragraph (1) may not be allocated under sub11 paragraph (A) until the Secretary certifies to the

12 congressional defense committees that the Marine

13 Corps has a validated requirement for procure14 ment for a purpose specified in paragraph (1)

15 based on a statement of urgent needs from a

16 commander of a combatant command.

17 (C) REPORTS.—Not later than 15 days

18 after an allocation of funds is made under sub19 paragraph (A), the Secretary shall submit to the

20 congressional defense committees a report de21 scribing such allocation of funds.

22 SEC. 1405. TACTICAL WHEELED VEHICLES.

23 (a) ADDITIONAL AMOUNT FOR OTHER PROCUREMENT,

24 ARMY.—The amount authorized to be appropriated by sec-
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1 tion 1403(a)(3) for other procurement for the Army is here2 by increased by $360,800,000.

3 (b) AVAILABILITY OF AMOUNT.—Of the amount au4 thorized to be appropriated by section 1403(a)(3) for other

5 procurement for the Army, as increased by subsection (a),

6 $360,800,000 may be made available—

7 (1) for the procurement of armored Tactical

8 Wheeled Vehicles for units deployed in Iraq and Af9 ghanistan, including the procurement of armored

10 Light Tactical Vehicles (LTVs), armored Medium

11 Tactical Vehicles (MTVs), including Low Signature

12 Armored Cabs for the family of MTVs, and armored

13 Heavy Tactical Vehicles (HTVs); and

14 (2) to the extent the Secretary of the Army deter15 mines that such amount is not needed for the procure16 ment of such armored Tactical Wheeled Vehicles for

17 units deployed in Iraq and Afghanistan, for the pro18 curement of such armored vehicles in accordance with

19 other priorities of the Army.

20 (c) OFFSET.—The amount authorized to be appro21 priated by section 1409(a) for the Iraq Freedom Fund is

22 hereby reduced by $360,800,000.
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1 SEC. 1406. REDUCTION IN AUTHORIZATION OF APPROPRIA2 TIONS FOR IRAQ FREEDOM FUND.

3 The amount authorized to be appropriated for fiscal

4 year 2006 for the Iraq Freedom Fund is the amount speci5 fied by section 1409(a) of this Act, reduced by $445,400,000.

6 SEC. 1407. AIR FORCE PROCUREMENT.

7 (a) IN GENERAL.—Funds are hereby authorized to be

8 appropriated for fiscal year 2006 for the procurement ac9 counts for the Air Force in the amounts as follows:

10 (1) For aircraft, $323,200,000.

11 (2) For other procurement, $51,900,000.

12 (b) AVAILABILITY OF CERTAIN AMOUNTS.—Of the

13 amounts authorized to be appropriated by subsection (a)(1),

14 $218,500,000 may be available for purposes as follows:

15 (1) Procurement of Predator MQ–1 air vehicles,

16 initial spares, and RSP kits.

17 (2) Procurement of Containerized Dual Control

18 Station Launch and Recovery Elements.

19 (3) Procurement of a Fixed Ground Control Sta20 tion.

21 (4) Procurement of other upgrades to Predator

22 MQ–1 Ground Control Stations, spares, and signals

23 intelligence packages.
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1 SEC. 1408. REDUCTION IN AUTHORIZATION OF APPROPRIA2 TIONS FOR IRAQ FREEDOM FUND.

3 The amount authorized to be appropriated for fiscal

4 year 2006 for the Iraq Freedom Fund is the amount speci5 fied by section 1409(a) of this Act, reduced by $218,500,000.

6 SEC. 1409. OPERATION AND MAINTENANCE.

7 Funds are hereby authorized to be appropriated for fis8 cal year 2006 for the use of the Armed Forces for expenses,

9 not otherwise provided for, for operation and maintenance,

10 in amounts as follows:

11 (1) For the Army, $22,139,775,000, of which

12 $200,000,000 may be made available for linguistic

13 support operations in Iraq and Afghanistan.

14 (2) For the Navy, $1,944,300,000.

15 (3) For the Marine Corps, $1,808,231,000.

16 (4) For the Air Force, $2,635,555,000.

17 (5) For Defense-wide activities, $3,470,118,000.

18 (6) For the Naval Reserve, $2,400,000.

19 SEC. 1410. DEFENSE HEALTH PROGRAM.

20 Funds are hereby authorized to be appropriated for the

21 Department of Defense for fiscal year 2006 for expenses, not

22 otherwise provided for, the Defense Health Program, in the

23 amount of $977,778,000, for operation and maintenance.
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1 SEC. 1411. MILITARY PERSONNEL.

2 Funds are hereby authorized to be appropriated to the

3 Department of Defense for military personnel accounts for

4 fiscal year 2006 in amounts as follows:

5 (1) For military personnel of the Army,

6 $9,517,643,000.

7 (2) For military personnel of the Navy,

8 $350,000,000.

9 (3) For military personnel of the Marine Corps,

10 $811,771,000.

11 (4) For military personnel of the Air Force,

12 $916,559,000.

13 SEC. 1412. IRAQ FREEDOM FUND.

14 (a) IN GENERAL.—Funds are hereby authorized to be

15 appropriated for fiscal year 2006 for the Iraq Freedom

16 Fund in the amount of $4,325,670,000.

17 (b) LIMITATION ON AVAILABILITY OF CERTAIN

18 AMOUNT.—Of the amount authorized to be appropriated by

19 subsection (a), not less than $500,000,000 shall be available

20 only for support of activities of the Joint Improvised Explo21 sive Device Task Force.

22 (c) TRANSFER.—

23 (1) TRANSFER AUTHORIZED.—Subject to para24 graph (2), amounts authorized to be appropriated by

25 subsection (a) may be transferred from the Iraq Free26 dom Fund to any accounts as follows:
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1 (A) Operation and maintenance accounts of

2 the Armed Forces.

3 (B) Military personnel accounts.

4 (C) Research, development, test, and evalua5 tion accounts of the Department of Defense.

6 (D) Procurement accounts of the Depart7 ment of Defense.

8 (E) Accounts providing funding for classi9 fied programs.

10 (F) The operating expenses account of the

11 Coast Guard.

12 (2) NOTICE TO CONGRESS.—A transfer may not

13 be made under the authority in paragraph (1) until

14 5 days after the date on which the Secretary of De15 fense notifies the congressional defense committees in

16 writing of the transfer.

17 (3) TREATMENT OF TRANSFERRED FUNDS.—

18 Amounts transferred to an account under the author19 ity in paragraph (1) shall be merged with amounts

20 in such account, and shall be made available for the

21 same purposes, and subject to the same conditions

22 and limitations, as amounts in such account.

23 (4) EFFECT ON AUTHORIZATION AMOUNTS.—A

24 transfer of an amount to an account under the au25 thority in paragraph (1) shall be deemed to increase
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1 the amount authorized for such account by an

2 amount equal to the amount transferred.

3 SEC. 1413. TRANSFER AUTHORITY.

4 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

5 (1) TRANSFER AUTHORIZED.—Upon determina6 tion by the Secretary of Defense that such action is

7 necessary in the national interest, the Secretary may

8 transfer amounts of authorizations made available to

9 the Department of Defense in this title for fiscal year

10 2006 between any such authorizations for that fiscal

11 year (or any subdivisions thereof). Amounts of au12 thorizations so transferred shall be merged with and

13 be available for the same purposes as the authoriza14 tion to which transferred.

15 (2) LIMITATION ON AGGREGATE AMOUNT.—The

16 total amount of authorizations that the Secretary

17 may transfer under the authority of this section may

18 not exceed $2,500,000,000.

19 (3) CONSTRUCTION WITH OTHER TRANSFER AU20 THORITY.—The transfer authority provided in this

21 section is in addition to any other transfer authority

22 available to the Secretary of Defense.

23 (b) OTHER LIMITATIONS.—The authority provided by

24 this section to transfer authorizations—
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1 (1) may only be used to provide authority for

2 items that have a higher priority than the items from

3 which authority is transferred;

4 (2) may not be used to provide authority for an

5 item that has been denied authorization by Congress;

6 and

7 (3) may not be combined with the authority

8 under section 1001.

9 (c) NOTICE AND WAIT.—A transfer may be made

10 under the authority of this section only after the

11 Secretary—

12 (1) consults with the Chairmen and Ranking

13 Members of each of the congressional defense commit14 tees with respect to such transfer; and

15 (2) on a date after consultation under paragraph

16 (1), but not later than five days before the date of

17 such transfer, submits to the congressional defense

18 committees written notice of such transfer.

19 (d) EFFECT ON AUTHORIZATION AMOUNTS.—A trans20 fer made from one account to another under the authority

21 of this section shall be deemed to increase the amount au22 thorized for the account to which the amount is transferred

23 by an amount equal to the amount transferred.
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1 TITLE XV—RECRUITMENT AND

2 RETENTION

3 SEC. 1501. SHORT TITLE.

4 This title may be cited as the ‘‘Military Recruiting

5 Initiatives Act of 2005’’.

6 SEC. 1502. INCREASE IN MAXIMUM ENLISTMENT BONUS.

7 (a) ENLISTMENT BONUS FOR SELECTED RESERVE

8 MEMBERS.—Section 308c(b) of title 37, United States Code,

9 is amended by striking ‘‘$10,000’’ and inserting ‘‘$20,000’’.

10 (b) ENLISTMENT BONUS FOR ACTIVE MEMBERS.—Sec11 tion 309(a) of title 37, United States Code, is amended by

12 striking ‘‘$20,000’’ and inserting ‘‘$40,000’’.

13 SEC. 1503. TEMPORARY AUTHORITY TO PAY BONUS TO EN14 COURAGE MEMBERS OF THE ARMY TO REFER

15 OTHER PERSONS FOR ENLISTMENT IN THE

16 ARMY.

17 (a) AUTHORITY TO PAY BONUS.—The Secretary of the

18 Army may pay a bonus under this section to a member

19 of the Army, whether in the regular component of the Army

20 or in the Army National Guard or Army Reserve, who re21 fers to an Army recruiter a person who has not previously

22 served in an Armed Force and who, after such referral, en23 lists in the regular component of the Army or in the Army

24 National Guard or Army Reserve.
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1 (b) REFERRAL.—For purposes of this section, a refer2 ral for which a bonus may be paid under subsection (a)

3 occurs—

4 (1) when a member of the Army contacts an

5 Army recruiter on behalf of a person interested in en6 listing in the Army; or

7 (2) when a person interested in enlisting in the

8 Army contacts the Army recruiter and informs the re9 cruiter of the role of the member in initially recruit10 ing the person.

11 (c) CERTAIN REFERRALS INELIGIBLE.—

12 (1) REFERRAL OF IMMEDIATE FAMILY.—A mem13 ber of the Army may not be paid a bonus under sub14 section (a) for the referral of an immediate family

15 member.

16 (2) MEMBERS IN RECRUITING ROLES.—A mem17 ber of the Army serving in a recruiting or retention

18 assignment, or assigned to other duties regarding

19 which eligibility for a bonus under subsection (a)

20 could (as determined by the Secretary) be perceived as

21 creating a conflict of interest, may not be paid a

22 bonus under subsection (a).

23 (d) AMOUNT OF BONUS.—The amount of the bonus

24 paid for a referral under subsection (a) may not exceed

25 $1,000. The bonus shall be paid in a lump sum.
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1 (e) TIME OF PAYMENT.—A bonus may not be paid

2 under subsection (a) with respect to a person who enlists

3 in the Army until the person completes basic training and

4 individual advanced training.

5 (f) RELATION TO PROHIBITION ON BOUNTIES.—The

6 referral bonus authorized by this section is not a bounty

7 for purposes of section 514(a) of title 10, United States

8 Code.

9 (g) LIMITATION ON INITIAL USE OF AUTHORITY.—

10 During the first year in which bonuses are offered under

11 this section, the Secretary of the Army may not pay more

12 than 1,000 referral bonuses per component of the Army.

13 (h) DURATION OF AUTHORITY.—A bonus may not be

14 paid under subsection (a) with respect to any referral that

15 occurs after December 31, 2007.

16 SEC. 1504. INCREASE IN MAXIMUM AGE FOR ENLISTMENT.

17 Section 505(a) of title 10, United States Code, is

18 amended by striking ‘‘thirty-five years of age’’ and insert19 ing ‘‘forty-two years of age’’.

20 SEC. 1505. REPEAL OF PROHIBITION ON PRIOR SERVICE EN21 LISTMENT BONUS FOR RECEIPT OF OTHER

22 ENLISTMENT OR REENLISTMENT BONUS FOR

23 SERVICE IN THE SELECTED RESERVE.

24 Section 308i(a)(2) of title 37, United States Code, is

25 amended by striking subparagraph (D).
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1 SEC. 1506. INCREASE AND ENHANCEMENT OF AFFILIATION

2 BONUS FOR OFFICERS OF THE SELECTED RE3 SERVE.

4 (a) REPEAL OF PROHIBITION ON ELIGIBILITY FOR

5 PRIOR RESERVE SERVICE.—Subsection (a)(2) of section

6 308j of title 37, United States Code, is amended—

7 (1) in subparagraph (A), by adding ‘‘and’’ at the

8 end;

9 (2) by striking subparagraph (B); and

10 (3) by redesignating subparagraph (C) as sub11 paragraph (B).

12 (b) INCREASE IN MAXIMUM AMOUNT.—Subsection (d)

13 of such section is amended by striking ‘‘$6,000’’ and insert14 ing ‘‘$10,000’’.

15 SEC. 1507. ENHANCEMENT OF EDUCATIONAL LOAN REPAY16 MENT AUTHORITIES.

17 (a) ADDITIONAL LOANS ELIGIBLE FOR REPAYMENT.—

18 Paragraph (1) of section 2171(a) of title 10, United States

19 Code, is amended—

20 (1) in subparagraph (B), by striking ‘‘or’’ at the

21 end;

22 (2) in subparagraph (C), by striking the period

23 at the end and inserting ‘‘; or’’; and

24 (3) by inserting after subparagraph (C) the fol25 lowing new subparagraph:
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1 ‘‘(D) any loan incurred for educational purposes

2 made by a lender that is—

3 ‘‘(i) an agency or instrumentality of a

4 State;

5 ‘‘(ii) a financial or credit institution (in6 cluding an insurance company) that is subject to

7 examination and supervision by an agency of

8 the United States or any State;

9 ‘‘(iii) a pension fund approved by the Sec10 retary for purposes of this section; or

11 ‘‘(iv) a non-profit private entity designated

12 by a State, regulated by such State, and ap13 proved by the Secretary for purposes of this sec14 tion.’’.

15 (b) ELIGIBILITY OF OFFICERS.—Paragraph (2) of

16 such section is amended by striking ‘‘an enlisted member

17 in a military specialty’’ and inserting ‘‘a member in an

18 officer program or military specialty’’.

19 SEC. 1508. REPORT ON RESERVE DENTAL INSURANCE PRO20 GRAM.

21 (a) STUDY.—The Secretary of Defense shall conduct a

22 study of the Reserve Dental Insurance program.

23 (b) ELEMENTS.—The study required by subsection (a)

24 shall—
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1 (1) identify the most effective mechanism or

2 mechanisms for the payment of premiums under the

3 Reserve Dental Insurance program for members of the

4 reserve components of the Armed Forces and their de5 pendents, including by deduction from reserve pay, by

6 direct collection, or by other means (including appro7 priate mechanisms from other military benefits pro8 grams), to ensure uninterrupted availability of pre9 mium payments regardless of whether members are

10 performing active duty with pay or inactive-duty

11 training with pay;

12 (2) include such matters relating to the Reserve

13 Dental Insurance program as the Secretary considers

14 appropriate; and

15 (3) assess the effectiveness of mechanisms for in16 forming the members of the reserve components of the

17 Armed Forces of the availability of, and benefits

18 under, the Reserve Dental Insurance program.

19 (c) REPORT.—Not later than February 1, 2007, the

20 Secretary shall submit to the congressional defense commit21 tees a report on the study required by subsection (a). The

22 report shall include the findings of the study and such rec23 ommendations for legislative or administrative action re24 garding the Reserve Dental Insurance program as the Sec25 retary considers appropriate in light of the study.
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1 (d) RESERVE DENTAL INSURANCE PROGRAM DE2 FINED.—In this section, the term ‘‘Reserve Dental Insur3 ance program’’ includes—

4 (1) the dental insurance plan required under

5 paragraph (1) of section 1076a(a) of title 10, United

6 States Code; and

7 (2) any dental insurance plan established under

8 paragraph (2) or (4) of section 1076a(a) of title 10,

9 United States Code.

10 TITLE XVI—TRANSITION

11 SERVICES

12 SEC. 1601. SHORT TITLE.

13 This title may be cited as the ‘‘Veterans’ Enhanced

14 Transition Services Act of 2005’’.

15 SEC. 1602. IMPROVED ADMINISTRATION OF TRANSITIONAL

16 ASSISTANCE PROGRAMS.

17 (a) PRESEPARATION COUNSELING.—Section 1142 of

18 title 10, United States Code, is amended—

19 (1) in subsection (a)—

20 (A) by redesignating paragraph (4) as

21 paragraph (5); and

22 (B) by inserting after paragraph (3) the fol23 lowing new paragraph (4):

24 ‘‘(4) For members of the reserve components of the

25 armed forces (including members of the National Guard on
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1 active duty under title 32) who have been serving on active

2 duty continuously for at least 180 days, the Secretary con3 cerned shall provide preseparation counseling under this

4 section on an individual basis to all such members before

5 such members are separated.’’; and

6 (2) in subsection (b)—

7 (A) in paragraph (4), by striking ‘‘(4) In8 formation concerning’’ and inserting the fol9 lowing:

10 ‘‘(4) Provision of information on civilian occu11 pations and related assistance programs, including

12 information concerning—

13 ‘‘(A) certification and licensure require14 ments that are applicable to civilian occupa15 tions;

16 ‘‘(B) civilian occupations that correspond to

17 military occupational specialties; and

18 ‘‘(C)’’; and

19 (B) by adding at the end the following:

20 ‘‘(11) Information concerning the priority of

21 service for veterans in the receipt of employment,

22 training, and placement services provided under

23 qualified job training programs of the Department of

24 Labor.
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1 ‘‘(12) Information concerning veterans small

2 business ownership and entrepreneurship programs of

3 the Small Business Administration and the National

4 Veterans Business Development Corporation.

5 ‘‘(13) Information concerning employment and

6 reemployment rights and obligations under chapter

7 43 of title 38.

8 ‘‘(14) Information concerning veterans preference

9 in federal employment and federal procurement op10 portunities.

11 ‘‘(15) Contact information for housing coun12 seling assistance.

13 ‘‘(16) A description, developed in consultation

14 with the Secretary of Veterans Affairs, of health care

15 and other benefits to which the member may be enti16 tled under the laws administered by the Secretary of

17 Veterans Affairs.’’.

18 (b) CONFORMING AND CLERICAL AMENDMENTS.—

19 (1) CONFORMING AMENDMENT.—The heading of

20 such section is amended to read as follows:

21 ‘‘§ 1142. Members separating from active duty:

22 preseparation counseling’’.

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of chapter 58 of title 10,
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1 United States Code, is amended by striking the item

2 relating to section 1142 and inserting the following:

‘‘1142. Members separating from active duty: preseparation counseling.’’.

3 (c) DEPARTMENT OF LABOR TRANSITIONAL SERVICES

4 PROGRAM.—Section 1144 of title 10, United States Code,

5 is amended—

6 (1) in subsection (a)(1), by striking ‘‘paragraph

7 (4)(A)’’ in the second sentence and inserting ‘‘para8 graph (5)(A)’’; and

9 (2) by adding at the end the following new sub10 section:

11 ‘‘(e) TRAINING SUPPORT MATERIALS.—The Secretary

12 concerned shall, on a continuing basis and in cooperation

13 with the Secretary of Labor, update the content of all mate14 rials used by the Department of Labor that provide direct

15 training support to personnel who provide transitional

16 services counseling under this section.’’.

17 SEC. 1603. FOLLOW UP ASSISTANCE FOR MEMBERS OF THE

18 ARMED FORCES AFTER PRESEPARATION

19 PHYSICAL EXAMINATIONS.

20 Section 1145(a) of title 10, United States Code, is

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

22 ‘‘(5)(A) The Secretary of Defense shall, in consultation

23 with the Secretary of Veterans Affairs, ensure that appro24 priate actions are taken to assist a member of the armed

25 forces who, as a result of a medical examination under
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1 paragraph (4), receives an indication for a referral for fol2 low up treatment from the health care provider who per3 forms the examination.

4 ‘‘(B) Assistance provided to a member under para5 graph (1) shall include the following:

6 ‘‘(i) Information regarding, and any appro7 priate referral for, the care, treatment, and other serv8 ices that the Secretary of Defense or the Secretary of

9 Veterans Affairs may provide to such member under

10 any other provision of law, including—

11 ‘‘(I) clinical services, including counseling

12 and treatment for post-traumatic stress disorder

13 and other mental health conditions; and

14 ‘‘(II) any other care, treatment, and serv15 ices.

16 ‘‘(ii) Information on the private sector sources of

17 treatment that are available to the member in the

18 member’s community.

19 ‘‘(iii) Assistance to enroll in the health care sys20 tem of the Department of Veterans Affairs for health

21 care benefits for which the member is eligible under

22 laws administered by the Secretary of Veterans Af23 fairs.’’.
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1 SEC. 1604. REPORT ON TRANSITION ASSISTANCE PRO2 GRAMS.

3 (a) REPORT REQUIRED.—Not later than May 1, 2006,

4 the Secretary of Defense shall, in consultation with the Sec5 retary of Labor and the Secretary of Veterans Affairs, sub6 mit to Congress a report on the actions taken to ensure that

7 the Transition Assistance Programs for members of the

8 Armed Forces separating from the Armed Forces (including

9 members of the regular components of the Armed Forces and

10 members of the reserve components of the Armed Forces)

11 function effectively to provide such members with timely

12 and comprehensive transition assistance when separating

13 from the Armed Forces.

14 (b) FOCUS ON PARTICULAR MEMBERS.—The report re15 quired by subsection (a) shall include particular attention

16 to the actions taken with respect to the Transition Assist17 ance Programs to assist the following members of the Armed

18 Forces:

19 (1) Members deployed to Operation Iraqi Free20 dom.

21 (2) Members deployed to Operation Enduring

22 Freedom.

23 (3) Members deployed to or in support of other

24 contingency operations.

25 (4) Members of the National Guard activated

26 under the provisions of title 32, United States Code,
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1 in support of relief efforts for Hurricane Katrina and

2 Hurricane Rita.

3 DIVISION B—MILITARY CON4 STRUCTION AUTHORIZA5 TIONS

6 SEC. 2001. SHORT TITLE.

7 This division may be cited as the ‘‘Military Construc8 tion Authorization Act for Fiscal Year 2006’’.

9 TITLE XXI—ARMY

10 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

11 ACQUISITION PROJECTS.

12 (a) INSIDE THE UNITED STATES.—Using amounts ap13 propriated pursuant to the authorization of appropriations

14 in section 2104(a)(1), the Secretary of the Army may ac15 quire real property and carry out military construction

16 projects for the installations or locations inside the United

17 States, and in the amounts, set forth in the following table:

Army: Inside the United States

State Installation or location Amount

Alabama .................................. Redstone Arsenal ............................... $20,000,000

Alaska ...................................... Fort Richardson ................................ $4,700,000

Fort Wainwright ............................... $44,660,000

Arizona .................................... Yuma Proving Ground ..................... $8,100,000

California ................................ Fort Irwin ......................................... $17,000,000

Concord .............................................. $11,850,000

Colorado .................................. Fort Carson ....................................... $70,622,000

Georgia .................................... Fort Benning ..................................... $28,211,000

Fort Gillem ........................................ $3,900,000

Fort Gordon ....................................... $4,550,000

Fort Stewart/Hunter Army Air

Field ............................................... $57,980,000

Hawaii .................................... Pohakuloa Training Area ................. $60,300,000

Schofield Barracks ............................ $53,900,000

Kansas ..................................... Fort Riley .......................................... $33,900,000

Kentucky ................................. Fort Campbell .................................... $112,875,000

Fort Knox .......................................... $4,600,000

Louisiana ................................ Fort Polk ............................................ $28,887,000

Missouri .................................. Fort Leonard Wood ........................... $17,000,000
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Army: Inside the United States—Continued

State Installation or location Amount

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 ......................................... $289,850,000

Oklahoma ................................ Fort Sill ............................................. $5,850,000

McAlester Army Ammunition Plant $5,400,000

Pennsylvania .......................... Letterkenny Depot ............................. $6,300,000

Texas ....................................... Fort Hood .......................................... $46,438,000

Fort Sam Houston ............................ $7,000,000

Utah ......................................... Dugway Proving Ground ................. $25,000,000

Virginia ................................... Fort A.P. Hill .................................... $2,700,000

Fort Belvoir ....................................... $18,000,000

Fort Eustis ......................................... $3,100,000

Fort Myer ........................................... $15,200,000

Washington ............................. Fort Lewis ......................................... $99,949,000

Total ........................................... $1,189,622,000

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 ............................... $99,162,000

Yongpyong ............................................ $1,450,000

Total ..................................................... $189,947,000

7 SEC. 2102. FAMILY HOUSING.

8 (a) CONSTRUCTION AND ACQUISITION.—Using

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2104(a)(5)(A), the Secretary of the

11 Army may construct or acquire family housing units (in12 cluding land acquisition and supporting facilities) at the
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1 installations or locations, for the purposes, and in the

2 amounts set forth in the following table:

Army: Family Housing

State Installation or location Purpose Amount

Alaska .............................. Fort Richardson ................... 117 Units ..... $49,000,000

Fort Wainwright .................. 180 Units ..... $91,000,000

Arizona ............................ Fort Huachuca ..................... 131 Units ..... $31,000,000

Yuma Proving Grounds ...... 35 Units ....... $11,200,000

Oklahoma ......................... Fort Sill ................................ 129 Units ..... $24,000,000

Virginia ........................... Fort Lee ................................ 96 Units ....... $19,500,000

Fort Monroe ......................... 21 Units ....... $6,000,000

Total ............................. ....................... $231,700,000

3 (b) PLANNING AND DESIGN.—Using amounts appro4 priated pursuant to the authorization of appropriations in

5 section 2104(a)(5)(A), the Secretary of the Army may carry

6 out architectural and engineering services and construction

7 design activities with respect to the construction or im8 provement of family housing units in an amount not to

9 exceed $17,536,000.

10 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

11 UNITS.

12 Subject to section 2825 of title 10, United States Code,

13 and using amounts appropriated pursuant to the author14 ization of appropriations in section 2104(a)(5)(A), the Sec15 retary of the Army may improve existing military family

16 housing units in an amount not to exceed $300,400,000.

17 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

18 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

19 hereby authorized to be appropriated for fiscal years begin20 ning after September 30, 2005, for military construction,
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1 land acquisition, and military family housing functions of

2 the Department of the Army in the total amount of

3 $2,972,142,000 as follows:

4 (1) For military construction projects inside the

5 United States authorized by section 2101(a),

6 $1,012,722,000.

7 (2) For military construction projects outside the

8 United States authorized by section 2101(b),

9 $189,947,000.

10 (3) For unspecified minor military construction

11 projects authorized by section 2805 of title 10, United

12 States Code, $20,000,000.

13 (4) For architectural and engineering services

14 and construction design under section 2807 of title

15 10, United States Code, $163,215,000.

16 (5) For military family housing functions:

17 (A) For construction and acquisition, plan18 ning and design, and improvement of military

19 family housing and facilities, $549,636,000.

20 (B) For support of military family housing

21 (including the functions described in section

22 2833 of title 10, United States Code),

23 $812,993,000.

24 (6) For the construction of phase 2 of a barracks

25 complex at Fort Campbell, Kentucky, authorized by
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1 section 2101(a) of the Military Construction Author2 ization Act for Fiscal Year 2005 (division B of Public

3 Law 108–375; 118 Stat. 2101), $24,650,000.

4 (7) For the construction of phase 3 of the Lewis

5 & Clark instructional facility at Fort Leavenworth,

6 Kansas, authorized by section 2101(a) of the Military

7 Construction Authorization Act for Fiscal Year 2004

8 (division B of Public Law 108–136; 117 Stat. 1697),

9 $42,642,000.

10 (8) For the construction of phase 2 of trainee

11 barracks basic training complex 1 at Fort Knox, Ken12 tucky, authorized by section 2101(a) of the Military

13 Construction Authorization Act for Fiscal Year 2005

14 (division B of Public Law 108–375; 118 Stat. 2101),

15 $21,000,000.

16 (9) For the construction of phase 2 of a barracks

17 complex renewal at Fort Bragg, North Carolina, au18 thorized by section 2101(a) of the Military Construc19 tion Authorization Act for Fiscal Year 2005 (division

20 B of Public Law 108–375; 118 Stat. 2101),

21 $30,611,000.

22 (10) For the construction of phase 2 of a library

23 and learning center at the United States Military

24 Academy, West Point, New York, authorized by sec25 tion 2101(a) of the Military Construction Authoriza-
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1 tion Act for Fiscal Year 2005 (division B of Public

2 Law 108–375; 118 Stat. 2101), $25,470,000.

3 (11) For the construction of phase 2 of a bar4 racks complex at Vilseck, Germany, authorized by sec5 tion 2101(b) of the Military Construction Authoriza6 tion Act for Fiscal Year 2004 (division B of Public

7 Law 108–136; 117 Stat. 1698), $13,600,000.

8 (12) For the construction of phase 2 of a vehicle

9 maintenance facility at Schofield Barracks, Hawaii,

10 authorized by section 2101(a) of the Military Con11 struction Authorization Act for Fiscal Year 2005 (di12 vision B of Public Law 108–375; 118 Stat. 2101),

13 $24,656,000.

14 (13) For the construction of phase 2 of the Drum

15 Road upgrade at Helemano Military Reservation,

16 Hawaii, authorized by section 2101(a) of the Military

17 Construction Authorization Act for Fiscal Year 2005

18 (division B of Public Law 108–375; 118 Stat. 2101),

19 $41,000,000.

20 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

21 PROJECTS.—Notwithstanding the cost variations author22 ized by section 2853 of title 10, United States Code, and

23 any other cost variation authorized by law, the total cost

24 of all projects carried out under section 2101 of this Act

25 may not exceed the sum of the following:
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1 (1) The total amount authorized to be appro2 priated under paragraphs (1), (2), and (3) of sub3 section (a).

4 (2) $16,500,000 (the balance of the amount au5 thorized under section 2101(a) for construction of a

6 barracks complex, 10300 block, Fort Drum, New

7 York).

8 (3) $31,000,000 (the balance of the amount au9 thorized under section 2101(a) for construction of a

10 barracks complex for the 2nd Brigade, Fort Bragg,

11 North Carolina).

12 (4) $77,400,000 (the balance of the amount au13 thorized under section 2101(a) for construction of a

14 barracks complex for DIVARTY, Fort Bragg, North

15 Carolina).

16 (5) $50,000,000 (the balance of the amount au17 thorized under section 2101(a) for construction of a

18 barracks complex for the 3rd Brigade, Fort Bragg,

19 North Carolina).

20 (6) $13,000,000 (the balance of the amount au21 thorized under section 2101(a) for construction of a

22 defense access road, Fort Belvoir, Virginia).
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1 SEC. 2105. CONSTRUCTION OF BATTALION DINING FACILI2 TIES, FORT KNOX, KENTUCKY.

3 (a) AUTHORIZATION OF APPROPRIATIONS.—The

4 amount authorized to be appropriated by section 2104(a)

5 for military construction, land acquisition, and military

6 family housing functions of the Department of the Army

7 and the amount of such funds authorized by paragraph (1)

8 of such subsection for military construction projects inside

9 the United States are each hereby decreased by $3,600,000.

10 (b) USE OF FUNDS.—Of the amount authorized to be

11 appropriated by section 2104(a)(1) for the Department of

12 the Army and available for military construction at Fort

13 Knox, Kentucky, $4,600,000 is available for the construc14 tion of battalion dining facilities at Fort Knox.

15 TITLE XXII—NAVY

16 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

17 ACQUISITION PROJECTS.

18 (a) INSIDE THE UNITED STATES.—Using amounts ap19 propriated pursuant to the authorization of appropriations

20 in section 2204(a)(1), the Secretary of the Navy may ac21 quire real property and carry out military construction

22 projects for the installations or locations inside the United

23 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 ......................... Marine Corps Air Station, Camp Pendleton ....................................................... $1,400,000
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Navy: Inside the United States—Continued

State Installation or location Amount

Marine Corps Base, Camp Pendleton ....... $90,437,000

Naval Air Station, Lemoore ...................... $8,480,000

Naval Air Warfare Center, China Lake ... $19,158,000

Connecticut ...................... Naval Submarine Base, New London ....... $4,610,000

Florida .............................. Naval Air Station, Jacksonville ................ $88,603,000

Naval Air Station, Pensacola .................... $8,710,000

Naval Station, Mayport ............................. $10,750,000

Navy Diving and Salvage Training Center, Panama City ................................... $9,678,000

Whiting Field .............................................. $4,670,000

Georgia ............................. Albany Depot .............................................. $4,000,000

Navy Submarine Base, Kings Bay ........... $3,000,000

Hawaii ............................. Marine Corps Air Station, Kaneohe Bay $5,700,000

Naval Base, Pearl Harbor ......................... $29,700,000

Illinois .............................. Recruit Training Command, Great Lakes $167,750,000

Indiana ............................. Naval Warfare Center, Crane .................... $8,220,000

Maine ................................ Naval Shipyard, Portsmouth ..................... $8,100,000

Maryland .......................... Naval Air Warfare Center, Patuxent

River ........................................................ $5,800,000

United States Naval Academy, Annapolis $51,720,000

Mississippi ....................... Naval Air Station, Meridian ..................... $10,450,000

North Carolina ................ Marine Corps Air Station, Cherry Point $27,147,000

Marine Corps Base, Camp Lejeune ........... $44,590,000

Marine Corps Air Station, New River ..... $6,840,000

Rhode Island .................... Naval Station, Newport ............................. $10,620,000

Texas ................................. Naval Air Station, Kingsville .................... $6,010,000

Virginia ............................ Marine Corps Air Field, Quantico ............ $19,698,000

Marine Corps Base, Quantico ................... $4,000,000

Naval Air Station, Oceana ........................ $11,680,000

Naval Amphibious Base, Little Creek ....... $36,034,000

Naval Station, Norfolk ............................... $111,033,000

Naval Surface Warfare Center, Dahlgren $9,960,000

Washington ...................... Naval Station, Everett ............................... $70,950,000

Naval Submarine Base, Bangor ................ $60,160,000

Total .................................................... $963,295,000

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 or location outside the United

6 States, and 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

Total ...................................................... $55,473,000
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1 SEC. 2202. FAMILY HOUSING.

2 Using amounts appropriated pursuant to the author3 ization of appropriations in section 2204(a)(5)(A), the Sec4 retary of the Navy may construct or acquire family housing

5 units (including land acquisition and supporting facilities)

6 at the installation or location, for the purpose, and in the

7 amount set forth in the following table:

Navy: Family Housing

State Installation or Location Purpose Amount

Guam ............................... Naval Station, Guam .......... 126 Units ..... $43,495,000

Total ............................. ....................... $43,495,000

8 SEC. 2203. 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 2204(a)(5)(A), the Sec13 retary of the Navy may improve existing military family

14 housing units in an amount not to exceed $178,644,000.

15 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

16 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

17 hereby authorized to be appropriated for fiscal years begin18 ning after September 30, 2005, for military construction,

19 land acquisition, and military family housing functions of

20 the Department of the Navy in the total amount of

21 $1,918,465,000, as follows:
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1 (1) For military construction projects inside the

2 United States authorized by section 2201(a),

3 $761,751,000.

4 (2) For military construction projects outside the

5 United States authorized by section 2201(b),

6 $25,584,000.

7 (3) For unspecified minor construction projects

8 authorized by section 2805 of title 10, United States

9 Code, $1.

10 (4) For architectural and engineering services

11 and construction design under section 2807 of title

12 10, United States Code, $54,507,000.

13 (5) For military family housing functions:

14 (A) For construction and acquisition, plan15 ning and design, and improvement of military

16 family housing and facilities, $222,139,000.

17 (B) For support of military family housing

18 (including functions described in section 2833 of

19 title 10, United States Code), $593,660,000.

20 (6) For the construction of increment 2 of the

21 Presidential Helicopter program support facility at

22 Naval Air Warfare Station, Patuxent River, Mary23 land, authorized by section 2201(c) 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. 2106),

2 $55,700,000.

3 (7) For the construction of increment 2 of the

4 apron and hangar recapitalization at Naval Air

5 Field, El Centro, California, authorized by section

6 2201(a) of the Military Construction Authorization

7 Act for Fiscal Year 2005 (division B of Public Law

8 108–375; 118 Stat. 2105), $18,666,000.

9 (8) For the construction of increment 3 of pier

10 11 replacement at Naval Station, Norfolk, Virginia,

11 authorized by section 2201(a) of the Military Con12 struction Authorization Act for Fiscal Year 2004 (di13 vision B of Public Law 108–136; 117 Stat. 1704),

14 $40,200,000.

15 (9) For the construction of increment 2 of the

16 limited area production and storage complex at Stra17 tegic Weapons Facility Pacific, Bangor, Washington,

18 authorized by section 2201(a) of the Military Con19 struction Authorization Act for Fiscal Year 2005 (di20 vision B of Public Law 108–375; 118 Stat. 2106),

21 $47,095,000.

22 (10) For the construction of increment 2 of a

23 White Side complex at Marine Corps Air Facility,

24 Quantico, Virginia, authorized by section 2201(a) of

25 the Military Construction Authorization Act for Fis-
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1 cal Year 2005 (division B of Public Law 108–375;

2 118 Stat. 2106), $34,730,000.

3 (11) For the construction of increment 3 of the

4 general purpose berthing pier at Naval Weapons Sta5 tion, Earle, New Jersey, authorized by section

6 2201(a) of the Military Construction Authorization

7 Act for Fiscal Year 2004 (division B of Public Law

8 108–136; 117 Stat. 1704), $64,432,000.

9 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

10 PROJECTS.—Notwithstanding the cost variations author11 ized by section 2853 of title 10, United States Code, and

12 any other cost variation authorized by law, the total cost

13 of all projects carried out under section 2201 of this Act

14 may not exceed the sum of the following:

15 (1) The total amount authorized to be appro16 priated under paragraphs (1), (2), and (3) of sub17 section (a).

18 (2) $43,424,000 (the balance of the amount au19 thorized under section 2201(a) to replace a helicopter

20 hangar, Naval Air Station, Jacksonville, Florida).

21 (3) $45,850,000 (the balance of the amount au22 thorized under section 2201(a) to upgrade infrastruc23 ture, Recruit Training Command, Great Lakes, Illi24 nois).
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1 (4) $26,790,000 (the balance of the amount au2 thorized under section 2201(a) for construction of the

3 Wesley Brown Field House, United States Naval

4 Academy, Annapolis, Maryland).

5 (5) $31,059,000 (the balance of the amount au6 thorized under section 2201(a) to replace ship repair

7 pier 3, Naval Station, Norfolk, Virginia).

8 (6) $21,000,000 (the balance of the amount au9 thorized under section 2201(a) for construction of a

10 bachelor enlisted quarters for the homeport ashore

11 program, Naval Station, Everett, Washington).

12 (7) $33,421,000 (the balance of the amount au13 thorized under section 2201(a) to perform reclamation

14 and conveyance activities, Marine Corps Base, Camp

15 Pendleton, California).

16 (8) $29,889,000 (the balance of the amount au17 thorized under section 2201(b) to improve Alpha/

18 Bravo wharves, Naval Station, Guam).

19 (c) ADJUSTMENT.—The total amount authorized to be

20 appropriated pursuant to paragraphs (1) through (11) of

21 subsection (a) is the sum of the amounts authorized to be

22 appropriated in such paragraphs, reduced by $92,354,000,

23 which represents prior year savings.
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1 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT

2 CERTAIN FISCAL YEAR 2005 PROJECTS.

3 (a) MODIFICATION OF INSIDE THE UNITED STATES

4 PROJECTS.—The table in section 2201(a) of the Military

5 Construction Authorization Act for Fiscal Year 2005 (divi6 sion B of Public Law 108–375; 118 Stat. 2106) is

7 amended—

8 (1) in the item relating to Marine Corps Air Fa9 cility, Quantico, Virginia, by striking ‘‘$73,838,000’’

10 in the amount column and inserting ‘‘$74,470,000’’;

11 and

12 (2) by striking the amount identified as the total

13 in the amount column and inserting ‘‘$952,687,000’’.

14 (b) MODIFICATION OF UNSPECIFIED WORLDWIDE

15 PROJECT.—The table in section 2201(c) of the Military

16 Construction Authorization Act for Fiscal Year 2005 (divi17 sion B of Public Law 108–375; 118 Stat. 2106) is

18 amended—

19 (1) in the item relating to Unspecified World20 wide, by striking ‘‘$105,982,000’’ in the amount col21 umn and inserting ‘‘$95,200,000’’; and

22 (2) by striking the amount identified as the total

23 in the amount column and inserting ‘‘$95,200,000’’.

24 (c) CONFORMING AMENDMENTS.—Section 2204(b) of

25 that Act (118 Stat. 2108) is amended—
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1 (1) in paragraph (4), by striking ‘‘$34,098,000’’

2 and inserting ‘‘$34,730,000’’; and

3 (2) in paragraph (7), by striking ‘‘$65,982,000’’

4 and inserting ‘‘$55,200,000’’.

5 SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT

6 CERTAIN FISCAL YEAR 2004 PROJECT.

7 (a) MODIFICATION OF INSIDE THE UNITED STATES

8 PROJECT.—The table in section 2201(a) of the Military

9 Construction Authorization Act for Fiscal Year 2004 (divi10 sion B of Public Law 108–136; 117 Stat. 1704) is

11 amended—

12 (1) in the item relating to Naval Weapons Sta13 tion, Earle, New Jersey, by striking ‘‘$123,720,000’’

14 in the amount column and inserting ‘‘$140,372,000’’;

15 and

16 (2) by striking the amount identified as the total

17 in the amount column and inserting

18 ‘‘$1,352,524,000’’.

19 (b) CONFORMING AMENDMENT.—Section 2204(b)(4) of

20 that Act is amended by striking ‘‘$96,980,000’’ and insert21 ing ‘‘$113,652,000’’.
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1 TITLE XXIII—AIR FORCE

2 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

3 LAND ACQUISITION PROJECTS.

4 (a) INSIDE THE UNITED STATES.—Using amounts ap5 propriated pursuant to the authorization of appropriations

6 in section 2304(a)(1), the Secretary of the Air Force may

7 acquire 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:

Air Force: Inside the United States

State Installation or location Amount

Alabama ................................... Maxwell Air Force Base ...................... $14,900,000

Alaska ...................................... Clear Air Station ................................ $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 ................. $2,500,000

California ................................ Beale Air Force Base .......................... $14,200,000

Edwards Air Force Base .................... $103,000,000

Travis Air Force Base ........................ $42,500,000

Vandenberg Air Force Base ................ $16,845,000

Colorado ................................... Buckley Air Force Base ...................... $20,100,000

Peterson Air Force Base ..................... $12,800,000

United States Air Force Academy ..... $13,000,000

Delaware .................................. Dover Air Force Base .......................... $19,000,000

District of Columbia ............... Bolling Air Force Base ....................... $14,900,000

Florida ..................................... Cape Canaveral ................................... $6,200,000

Hurlburt Field ..................................... $2,540,000

MacDill Air Force Base ...................... $107,200,000

Tyndall Air Force Base ...................... $11,500,000

Georgia ..................................... Robins Air Force Base ........................ $2,000,000

Hawaii ..................................... Hickam Air Force Base ...................... $13,378,000

Idaho ........................................ Mountain Home Air Force Base ........ $9,835,000

Louisiana ................................ Barksdale Air Force Base ................... $10,800,000

Massachusetts .......................... Hanscom Air Force Base .................... $3,900,000

Mississippi ............................... Columbus Air Force Base ................... $10,000,000

Keesler Air Force Base ........................ $47,500,000

Missouri ................................... Whiteman Air Force Base .................. $5,721,000

Montana ................................... Malmstrom Air Force Base ................ $13,500,000

Nebraska .................................. Offutt Air Force Base ......................... $63,080,000

Nevada ..................................... Indian Springs Air Force Auxiliary

Field ................................................. $60,724,000

Nellis Air Force Base .......................... $24,370,000

New Jersey ............................... McGuire Air Force Base ..................... $13,185,000

New Mexico .............................. Holloman Air Force Base ................... $15,000,000

Kirtland Air Force Base ..................... $6,600,000

North Dakota ........................... Minot Air Force Base ......................... $8,700,000

Ohio .......................................... Wright-Patterson Air Force Base ....... $19,670,000

Oklahoma ................................. Tinker Air Force Base ........................ $31,960,000

Vance Air Force Base .......................... $14,000,000
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Air Force: Inside the United States—Continued

State Installation or location Amount

South Carolina ........................ Charleston Air Force Base .................. $2,583,000

Shaw Air Force Base .......................... $9,730,000

South Dakota .......................... Ellsworth Air Force Base ................... $8,400,000

Texas ........................................ Sheppard Air Force Base ................... $36,000,000

Utah ......................................... Hill Air Force Base ............................ $33,900,000

Virginia ................................... Langley Air Force Base ...................... $38,665,000

Washington .............................. Fairchild Air Force Base .................... $8,200,000

Total ............................................. $1,039,006,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(2), the Secretary of the Air Force

4 may acquire real property and carry out military construc5 tion projects for the installations or locations outside the

6 United States, and in the amounts set forth in the following

7 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 ............................... $44,188,000

Osan Air Base ................................... $39,719,000

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

Total ........................................... $185,596,000

8 SEC. 2302. FAMILY HOUSING.

9 (a) CONSTRUCTION AND ACQUISITION.—Using

10 amounts appropriated pursuant to the authorization of ap11 propriations in section 2304(a)(5)(A), the Secretary of the

12 Air Force may construct or acquire family housing units

13 (including land acquisition and supporting facilities) at
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1 the installations or locations, for the purposes, and in the

2 amounts set forth in the following table:

Air Force: Family Housing

State Installation or location Purpose Amount

Alaska .............................. Eielson Air Force Base ....... 392 Units ..... $55,794,000

California ........................ Edwards Air Force Base ..... 226 Units ..... $59,699,000

Florida ............................. MacDill Air Force Base ...... 109 Units ..... $40,982,000

Idaho ................................ Mountain Home Air Force

Base .................................. 194 Units ..... $56,467,000

Missouri ........................... Whiteman Air Force Base ... 111 Units ..... $26,917,000

Montana ........................... Malmstrom Air Force Base 296 Units ..... $68,971,000

North Carolina ................ Seymour Johnson Air Force

Base .................................. 255 Units ..... $48,868,000

North Dakota ................... Grand Forks Air Force Base 300 Units ..... $86,706,000

Minot Air Force Base .......... 223 Units ..... $44,548,000

South Carolina ................ Charleston Air Force Base .. 10 Units ....... $15,935,000

South Dakota .................. Ellsworth Air Force Base .... 60 Units ....... $14,383,000

Texas ................................ Dyess Air Force Base .......... 190 Units ..... $43,016,000

Germany .......................... Ramstein Air Base .............. 101 Units ..... $62,952,000

Turkey .............................. Incirlik Air Base ................. 100 Units ..... $22,730,000

United Kingdom ............. Royal Air Force,

Lakenheath ....................... 107 Units ..... $48,437,000

Total ............................. ....................... $696,405,000

3 (b) PLANNING AND DESIGN.—Using amounts appro4 priated pursuant to the authorization of appropriations in

5 section 2304(a)(5)(A), the Secretary of the Air Force may

6 carry out architectural and engineering services and con7 struction design activities with respect to the construction

8 or improvement of military family housing units in an

9 amount not to exceed $37,104,000.

10 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

11 UNITS.

12 Subject to section 2825 of title 10, United States Code,

13 and using amounts appropriated pursuant to the author14 ization of appropriations in section 2304(a)(5)(A), the Sec15 retary of the Air Force may improve existing military fam16 ily housing units in an amount not to exceed $409,113,000.
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1 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

2 FORCE.

3 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

4 hereby authorized to be appropriated for fiscal years begin5 ning after September 30, 2005, for military construction,

6 land acquisition, and military family housing functions of

7 the Department of the Air Force in the total amount of

8 $3,108,982,000, as follows:

9 (1) For military construction projects inside the

10 United States authorized by section 2301(a),

11 $914,006,000.

12 (2) For military construction projects outside the

13 United States authorized by section 2301(b),

14 $185,596,000.

15 (3) For unspecified minor military construction

16 projects authorized by section 2805 of title 10, United

17 States Code, $15,000,000.

18 (4) For architectural and engineering services

19 and construction design under section 2807 of title

20 10, United States Code, $83,719,000.

21 (5) For military family housing functions:

22 (A) For construction and acquisition, plan23 ning and design, and improvement of military

24 family housing and facilities, $1,142,622,000.
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1 (B) For support of military family housing

2 (including functions described in section 2833 of

3 title 10, United States Code), $766,939,000.

4 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

5 PROJECTS.—Notwithstanding the cost variations author6 ized by section 2853 of title 10, United States Code, and

7 any other cost variation authorized by law, the total cost

8 of all projects carried out under section 2301 of this Act

9 may not exceed the sum of the following:

10 (1) The total amount authorized to be appro11 priated under paragraphs (1), (2), and (3) of sub12 section (a).

13 (2) $30,000,000 (the balance of the amount au14 thorized under section 2301(a) for a C–17 mainte15 nance complex, Elmendorf Air Force Base, Alaska).

16 (3) $66,000,000 (the balance of the amount au17 thorized under section 2301(a) to replace the main

18 runway, Edwards Air Force Base, California).

19 (4) $29,000,000 (the balance of the amount au20 thorized under section 2301(a) for construction of a

21 joint intelligence center for Headquarters, Central

22 Command, MacDill Air Force Base, Florida).
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1 TITLE XXIV—DEFENSE

2 AGENCIES

3 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC4 TION AND LAND ACQUISITION PROJECTS.

5 (a) INSIDE THE UNITED STATES.—Using amounts ap6 propriated pursuant to the authorization of appropriations

7 in section 2403(a)(1), the Secretary of Defense may acquire

8 real property and carry out military construction projects

9 for the installations or locations inside the United States,

10 and in the amounts, set forth in the following table:

Defense Agencies: Inside the United States

Agency Installation or location Amount

Defense Intelligence Agency ..... Bolling Air Force Base, District of

Columbia ........................................... $7,900,000

Defense Logistics Agency ......... Cannon Air Force Base, New Mexico $13,200,000

Defense Distribution Depot, New

Cumberland, Pennsylvania ............. $6,500,000

Defense Distribution Depot, Tracy,

California ......................................... $33,635,000

Fort Belvoir, Virginia .......................... $4,500,000

Marine Corps Air Station Yuma, Arizona ................................................... $7,300,000

McConnell Air Force Base, Kansas .... $15,800,000

Miramar, California ............................ $23,000,000

Naval Station, Norfolk, Virginia ........ $6,700,000

Seymour Johnson Air Force Base,

North Carolina ................................. $18,500,000

Defense Education Agency ...... Fort Bragg, North Carolina ................ $18,075,000

Fort Stewart/Hunter Army Air Field,

Georgia .............................................. $16,629,000

National Security Agency ....... Augusta, Georgia .................................. $61,466,000

Fort Meade, Maryland ......................... $28,049,000

Kunia, Hawaii ..................................... $61,466,000

Special Operations Command Eglin Air Force Base, Florida ............ $12,800,000

Fort Bragg, North Carolina ................ $14,769,000

Fort Campbell, Kentucky ..................... $37,800,000

Fort Lewis, Washington ...................... $53,300,000

Fort Stewart/Hunter Army Air Field,

Georgia .............................................. $10,000,000

Naval Surface Warfare Center, Corona, California ............................... $28,350,000

TRICARE Management Activity .......................................... Beale Air Force Base, California ........ $18,000,000

Charleston, South Carolina ................. $35,000,000

Fort Detrick, Maryland ....................... $55,200,000

Keesler Air Force Base, Mississippi ... $14,000,000

Lackland Air Force Base, Texas ......... $11,000,000
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Defense Agencies: Inside the United States—Continued

Agency Installation or location Amount

Naval Hospital, San Diego, California ................................................. $15,000,000

Nellis Air Force Base, Nevada ............ $1,700,000

Uniformed Services University of the

Health Sciences, Bethesda, Maryland ................................................... $10,350,000

Peterson Air Force Base, Colorado ..... $1,820,000

Total .............................................. $641,809,000

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 table:

Defense Agencies: Outside the United States

Agency Installation or location Amount

Defense Education Agency ...... Landstuhl, Germany ............................ $6,543,000

Vilseck, Germany .................................. $2,323,000

Agana, Guam ....................................... $40,578,000

Taegu, Korea ........................................ $8,231,000

Naval Station, Rota, Spain ................ $7,963,000

Defense Logistics Agency ......... Souda Bay, Greece ............................... $7,089,000

Missile Defense Agency ............ Kwajalien Atoll, Kwajalien ................. $4,901,000

National Security Agency ....... Menwith Hall, United Kingdom ......... $41,697,000

TRICARE Management Activity .......................................... Bahrain, SWA ...................................... $4,750,000

Total .............................................. $124,075,000

7 SEC. 2402. ENERGY CONSERVATION PROJECTS.

8 Using amounts appropriated pursuant to the author9 ization of appropriations in section 2403(a)(6), the Sec10 retary of Defense may carry out energy conservation

11 projects under section 2865 of title 10, United States Code,

12 in the amount of $60,000,000.
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1 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE

2 AGENCIES.

3 (a) IN GENERAL.—Funds are hereby authorized to be

4 appropriated for fiscal years beginning after September 30,

5 2005, for military construction, land acquisition, and mili6 tary family housing functions of the Department of Defense

7 (other than the military departments) in the total amount

8 of $2,973,914,000, as follows:

9 (1) For military construction projects inside the

10 United States authorized by section 2401(a),

11 $641,809,000.

12 (2) For military construction projects outside the

13 United States authorized by section 2401(b),

14 $123,104,000.

15 (3) For unspecified minor military construction

16 projects under section 2805 of title 10, United States

17 Code, $15,736,000.

18 (4) For contingency construction projects of the

19 Secretary of Defense under section 2804 of title 10,

20 United States Code, $10,000,000.

21 (5) For architectural and engineering services

22 and construction design under section 2807 of title

23 10, United States Code, $135,081,000.

24 (6) For energy conservation projects authorized

25 by section 2403 of this Act, $60,000,000.
†

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1 (7) For base closure and realignment activities

2 funded through the account created pursuant to sec3 tion 2906 of, and authorized by, the Defense Base Clo4 sure and Realignment Act of 1990 (part A of title

5 XXIX of Public Law 101–510; 10 U.S.C. 2687 note),

6 $377,827,000.

7 (8) For base closure and realignment activities

8 funded through the account created pursuant to sec9 tion 2906A of, and authorized by, the Defense Base

10 Closure and Realignment Act of 1990 (part A of title

11 XXIX of Public Law 101–510; 10 U.S.C. 2687 note),

12 $1,504,466,000.

13 (9) For military family housing functions:

14 (A) For support of military family housing

15 (including functions described in section 2833 of

16 title 10, United States Code), $46,391,000.

17 (B) For credit to the Department of Defense

18 Family Housing Improvement Fund established

19 by section 2883(a)(1) of title 10, United States

20 Code, $2,500,000.

21 (10) For the construction of increment 2 of the

22 hospital replacement at Fort Belvoir, Virginia, au23 thorized by section 2401(a) of the Military Construc24 tion Authorization Act of Fiscal Year 2005 (division
†

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1 B of Public Law 108–375; 118 Stat. 2100),

2 $57,000,000.

3 (b) NOTICE AND WAIT REQUIREMENT APPLICABLE TO

4 OBLIGATION OF FUNDS FOR BASE CLOSURE AND REALIGN5 MENT ACTIVITIES.—None of the funds authorized to be ap6 propriated by subsection (a)(8) may be obligated until 21

7 days after the date on which the Secretary of Defense sub8 mits to the congressional defense committees a report de9 scribing the specific programs, projects, and activities for

10 which such funds are to be obligated.

11 TITLE XXV—NORTH ATLANTIC

12 TREATY ORGANIZATION SE13 CURITY INVESTMENT PRO14 GRAM

15 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

16 ACQUISITION PROJECTS.

17 The Secretary of Defense may make contributions for

18 the North Atlantic Treaty Organization Security Invest19 ment program as provided in section 2806 of title 10,

20 United States Code, in an amount not to exceed the sum

21 of the amount authorized to be appropriated for this pur22 pose in section 2502 and the amount collected from the

23 North Atlantic Treaty Organization as a result of construc24 tion previously financed by the United States.
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1 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

2 Funds are hereby authorized to be appropriated for fis3 cal years beginning after September 30, 2005, for contribu4 tions by the Secretary of Defense under section 2806 of title

5 10, United States Code, for the share of the United States

6 of the cost of projects for the North Atlantic Treaty Organi7 zation Security Investment program authorized by section

8 2501, in the amount of $206,858,000.

9 TITLE XXVI—GUARD AND

10 RESERVE FORCES FACILITIES

11 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC12 TION AND LAND ACQUISITION PROJECTS.

13 Funds are hereby authorized to be appropriated for fis14 cal years beginning after September 30, 2005, for the costs

15 of acquisition, architectural and engineering services, and

16 construction of facilities for the reserve components, and for

17 contributions therefore, under chapter 1803 of title 10,

18 United States Code (including the cost of acquisition of

19 land for those facilities), in the following amounts:

20 (1) For the Department of the Army—

21 (A) for the Army National Guard of the

22 United States, $445,100,000; and

23 (B) for the Army Reserve, $121,077,000.

24 (2) For the Department of the Navy, for the

25 Naval and Marine Corps Reserve, $50,226,000.

26 (3) For the Department of the Air Force—
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1 (A) for the Air National Guard of the

2 United States, $264,061,000; and

3 (B) for the Air Force Reserve, $79,260,000.

4 SEC. 2602. SPECIFIC AUTHORIZED ARMY NATIONAL GUARD

5 CONSTRUCTION PROJECTS.

6 (a) CAMP ROBERTS, CALIFORNIA.—Of the amount au7 thorized to be appropriated for the Department of the Army

8 for the Army National Guard of the United States under

9 section 2601(1)(A)—

10 (1) $1,500,000 is available for the construction of

11 an urban combat course at Camp Roberts, California;

12 and

13 (2) $1,500,000 is available for the addition or al14 teration of a field maintenance shop at Fort Dodge,

15 Iowa.

16 SEC. 2603. CONSTRUCTION OF FACILITIES, NEW CASTLE

17 COUNTY AIRPORT AIR GUARD BASE, DELA18 WARE.

19 Of the amount authorized to be appropriated for the

20 Department of the Air Force for the Air National Guard

21 of the United States under section 2601(3)(A)—

22 (1) $1,400,000 is available for the construction of

23 a security forces facility at New Castle County Air24 port Air Guard Base, Delaware; and
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1 (2) $1,500,000 is available for the construction of

2 a medical training facility at New Castle County

3 Airport Air Guard Base, Delaware.

4 SEC. 2604. CONSTRUCTION OF MAINTENANCE HANGAR,

5 NEW CASTLE COUNTY AIRPORT AIR GUARD

6 BASE, DELAWARE.

7 (a) AUTHORIZATION OF APPROPRIATIONS.—The

8 amount authorized to be appropriated by section

9 2601(3)(A) for the Department of the Air Force for the Air

10 National Guard of the United States is hereby increased

11 by $1,440,000.

12 (b) USE OF FUNDS.—Of the amount authorized to be

13 appropriated by section 2601(3)(A) for the Department of

14 the Air Force for the Air National Guard of the United

15 States, as increased by subsection (a), $1,440,000 is avail16 able for planning and design for a replacement C–130 air17 craft maintenance hangar at Air National Guard New Cas18 tle County Airport, Delaware.

19 (c) OFFSET.—The amount authorized to be appro20 priated by section 2204(a) for military construction, land

21 acquisition, and military family housing functions of the

22 Department of the Navy and the amount of such funds au23 thorized by paragraph (11) of such subsection for the con24 struction of increment 3 of the general purpose berthing pier
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1 at Naval Weapons Station, Earle, New Jersey, are each

2 hereby decreased by $1,440,000.

3 SEC. 2605. NATIONAL GUARD CONSTRUCTION PROJECTS.

4 (a) ARMY NATIONAL GUARD AT CAMP DAWSON, WEST

5 VIRGINIA.—

6 (1) AUTHORIZATION OF APPROPRIATIONS.—The

7 amount authorized to be appropriated by section

8 2601(1)(A) for the Department of the Army for the

9 Army National Guard of the United States is hereby

10 increased by $4,500,000.

11 (2) USE OF FUNDS.—Of the amount authorized

12 to be appropriated by section 2601(1)(A) for the De13 partment of the Army for the Army National Guard

14 of the United States, as increased by paragraph (1),

15 $4,500,000 is available for the construction of a read16 iness center at Camp Dawson, West Virginia.

17 (3) OFFSET.—The amount authorized to be ap18 propriated by section 2601(3)(A) for the Department

19 of the Air Force for the Air National Guard of the

20 United States, and available for the construction of a

21 bridge/gate house/force protection entry project at

22 Camp Yeager, West Virginia, is hereby decreased by

23 $4,500,000.

24 (b) AIR NATIONAL GUARD AT EASTERN WEST VIR25 GINIA REGIONAL AIRPORT.—Of the amount authorized to
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1 be appropriated by section 2603(3)(A) for the Department

2 of the Air Force for the Air National Guard of the United

3 States, and otherwise available for the construction of a

4 bridge/gate house/force protection entry project at Air Na5 tional Guard Base, West Virginia, $2,000,000 shall be

6 available instead for C–5 aircraft shop upgrades at Eastern

7 West Virginia Regional Airport, Shepherd Field, Martins8 burg, West Virginia.

9 TITLE XXVII—EXPIRATION AND

10 EXTENSION OF AUTHORIZA11 TIONS

12 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND

13 AMOUNTS REQUIRED TO BE SPECIFIED BY

14 LAW.

15 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

16 YEARS.—Except as provided in subsection (b), all author17 izations contained in titles XXI through XXVI for military

18 construction projects, land acquisition, family housing

19 projects and facilities, and contributions to the North At20 lantic Treaty Organization Security Investment program

21 (and authorizations of appropriations therefor) shall expire

22 on the later of—

23 (1) October 1, 2008; or
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1 (2) the date of the enactment of an Act author2 izing funds for military construction for fiscal year

3 2009.

4 (b) EXCEPTION.—Subsection (a) shall not apply to au5 thorizations for military construction projects, land acqui6 sition, family housing projects and facilities, and contribu7 tions to the North Atlantic Treaty Organization Security

8 Investment program (and authorizations of appropriations

9 therefor), for which appropriated funds have been obligated

10 before the later of—

11 (1) October 1, 2008; or

12 (2) the date of the enactment of an Act author13 izing funds for fiscal year 2009 for military construc14 tion projects, land acquisition, family housing

15 projects and facilities, or contributions to the North

16 Atlantic Treaty Organization Security Investment

17 program.

18 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN

19 FISCAL YEAR 2003 PROJECTS.

20 (a) EXTENSION.—Notwithstanding section 2701 of the

21 Military Construction Authorization Act for Fiscal Year

22 2003 (division B of Public Law 107–314; 116 Stat. 2681),

23 authorizations set forth in the tables in subsection (b), as

24 provided in sections 2301, 2302, and 2401 of that Act, shall

25 remain in effect until October 1, 2006, or the date of the
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1 enactment of an Act authorizing funds for military con2 struction for fiscal year 2007, whichever is later.

3 (b) TABLES.—The tables referred to in subsection (a)

4 are as follows:

Air Force: Extension of 2003 Project Authorizations

State Installation or location Project Amount

Florida ............................ Eglin Air Force Base .... Replace family

housing (134

Units) ........... $15,906,000

Florida ............................ Eglin Air Force Base .... Replace Family

Housing Office ................ $597,000

Mississippi ...................... Keesler Air Force Base .. Replace family

housing (117

Units) ........... $16,505,000

Texas ............................... Randolph Air Force

Base ............................ Replace family

housing (112

Units) ........... $14,311,000

Texas ............................... Randolph Air Force

Base ............................ Replace Housing Maintenance Facility ................. $447,000

Italy ................................. Aviano Air Base ............ Consolidate

Area A–1 and

A–2 ............... $5,000,000

Defense Wide: Extension of 2003 Project Authorization

Agency Installation or location Project Amount

Special Operations Command.Stennis Space Center,

Mississippi ................. SOF Training

Range ........... $5,000,000

5 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN

6 FISCAL YEAR 2002 PROJECTS.

7 (a) EXTENSION.—Notwithstanding section 2701 of the

8 Military Construction Authorization Act for Fiscal Year

9 2002 (division B of Public Law 107–107; 115 Stat. 1301),

10 authorizations set forth in the tables in subsection (b), as

11 provided in sections 2101 and 2302 of that Act, shall re12 main in effect until October 1, 2006, or the date of the en-
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1 actment of an Act authorizing funds for military construc2 tion for fiscal year 2007, whichever is later.

3 (b) TABLES.—The tables referred to in subsection (a)

4 are as follows:

Army: Extension of 2002 Project Authorization

State Installation or location Project Amount

Hawaii ............................ Pohakuloa Training Facility ........................... Land purchase $1,500,000

Air Force: Extension of 2002 Project Authorization

State Installation or location Project Amount

Louisiana ........................ Barksdale Air Force

Base ............................ Replace family

housing (56

Units) ........... $7,300,000

5 SEC. 2704. EFFECTIVE DATE.

6 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall

7 take effect on the later of—

8 (1) October 1, 2005; or

9 (2) the date of the enactment of this Act.

10 TITLE XXVIII—GENERAL

11 PROVISIONS

12 Subtitle A—Military Construction

13 Program and Military Family

14 Housing Changes

15 SEC. 2801. INCREASE IN THRESHOLDS FOR UNSPECIFIED

16 MINOR MILITARY CONSTRUCTION PROJECTS.

17 (a) INCREASE.—Section 2805(a)(1) of title 10, United

18 States Code, is amended—
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1 (1) by striking ‘‘$1,500,000’’ and inserting

2 ‘‘$2,500,000’’; and

3 (2) by striking ‘‘$3,000,000’’ and inserting

4 ‘‘$4,000,000’’.

5 (b) EFFECTIVE DATE.—The amendments made by sub6 section (a) shall take effect on October 1, 2005.

7 SEC. 2802. MODIFICATION OF COST VARIATION AUTHORITY.

8 (a) LIMITATION ON COST DECREASES RELATED TO

9 MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

10 PROJECTS.—Section 2853 of title 10, United States Code,

11 is amended—

12 (1) in subsection (a)—

13 (A) by striking ‘‘may be increased by not

14 more than 25 percent’’ and inserting ‘‘may be

15 increased or decreased by not more than 25 per16 cent’’; and

17 (B) by striking ‘‘if the Secretary concerned

18 determines that such an increase in cost is re19 quired’’ and inserting ‘‘if the Secretary con20 cerned determines that such revised cost is re21 quired’’;

22 (2) in subsection (c)—

23 (A) by striking ‘‘limitation on cost in24 crease’’ and inserting ‘‘limitation on cost vari25 ations’’; and
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1 (B) by striking ‘‘the increase’’ both place it

2 appears and inserting ‘‘the variation’’; and

3 (3) in subsection (d), by striking ‘‘limitation on

4 cost increases’’ and inserting ‘‘limitation on cost vari5 ations’’.

6 (b) ADDITIONAL INFORMATION REQUIRED FOR NOTI7 FICATION IN CONNECTION WITH WAIVER OF LIMITATIONS

8 ON COST INCREASES.—Subsection (c)(2) of such section is

9 further amended by inserting after ‘‘the reasons therefor’’

10 the following: ‘‘, including a description of the funds pro11 posed to be used to finance any increased costs’’.

12 (c) TECHNICAL AMENDMENTS.—

13 (1) SECTION HEADING.—The heading of such sec14 tion is amended to read as follows:

15 ‘‘§ 2853. Authorized cost and scope of work vari16 ations’’.

17 (2) TABLE OF SECTIONS.—The item relating to

18 such section in the table of sections at the beginning

19 of chapter 169 of such title is amended to read as fol20 lows:

‘‘2853. Authorized cost and scope of work variations.’’.

21 SEC. 2803. DEPARTMENT OF DEFENSE HOUSING FUNDS.

22 (a) REQUIREMENT TO FUND CERTAIN ACQUISITION

23 AND IMPROVEMENT OF MILITARY HOUSING SOLELY

24 THROUGH DEFENSE HOUSING FUNDS.—Subsection (e) of

25 section 2883 of title 10, United States Code, is amended—
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1 (1) by striking ‘‘The Secretary’’ and inserting

2 ‘‘(1) The Secretary’’; and

3 (2) by adding at the end the following new para4 graph:

5 ‘‘(2) The Funds established under subsection (a) shall

6 be the sole source of funds for activities carried out under

7 this subchapter.’’.

8 (b) AUTHORITY TO TRANSFER FUNDS APPROPRIATED

9 FOR THE IMPROVEMENT OF MILITARY FAMILY HOUSING TO

10 DEFENSE HOUSING FUNDS.—Subsection (c)(1)(B) of such

11 section is amended by striking ‘‘acquisition or construc12 tion’’ and inserting ‘‘acquisition, improvement, or construc13 tion’’.

14 (c) REPORTING REQUIREMENTS RELATED TO DE15 PARTMENT OF DEFENSE HOUSING FUNDS.—Section 2884

16 of such title is amended—

17 (1) in subsection (a)(2)(D), by inserting after

18 ‘‘description of the source of such funds’’ the fol19 lowing: ‘‘, including a description of the specific con20 struction, acquisition, or improvement projects from

21 which funds were transferred to the Funds established

22 under section 2883 of this title in order to finance the

23 contract, conveyance, or lease’’; and

24 (2) in subsection (b)(1)—
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1 (A) by striking ‘‘a report’’ and inserting ‘‘a

2 separate report’’;

3 (B) by striking ‘‘covering the Funds’’ and

4 inserting ‘‘covering each of the Funds’’; and

5 (C) by striking the period at the end and

6 inserting the following: ‘‘, including a descrip7 tion of the specific construction, acquisition, or

8 improvement projects from which funds were

9 transferred and the privatization projects or con10 tracts to which those funds were transferred.

11 Each report shall also include, for each military

12 department or defense agency, a description of

13 all funds to be transferred to such Funds for the

14 current fiscal year and the next fiscal year.’’.

15 SEC. 2804. TEMPORARY AUTHORITY TO USE MINOR MILI16 TARY CONSTRUCTION AUTHORITY FOR CON17 STRUCTION OF CHILD DEVELOPMENT CEN18 TERS.

19 (a) THRESHOLDS ON CONSTRUCTION AUTHORIZED.—

20 The Secretary of Defense shall establish a program to carry

21 out minor military construction projects under section 2805

22 of title 10, United States Code, to construct child develop23 ment centers.

24 (b) INCREASED MAXIMUM AMOUNTS APPLICABLE TO

25 MINOR CONSTRUCTION PROJECTS.—For the purpose of any
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1 military construction project carried out under the author2 ity provided by this section—

3 (1) the amount specified in the second sentence

4 of subsection (a)(1) of section 2805 of title 10, United

5 States Code, shall be deemed to be $7,000,000;

6 (2) the amount specified in the third sentence of

7 subsection (a)(1) of such section shall be deemed to be

8 $8,000,000;

9 (3) the amount specified in subsection (b)(1) of

10 such section shall be deemed to be $5,000,000;

11 (4) the amount specified in subsection (c)(1)(A)

12 of such section shall be deemed to be $7,000,000; and

13 (5) the amount specified in subsection (c)(1)(B)

14 of such section shall be deemed to be $5,000,000.

15 (c) PROGRAM REQUIREMENTS.—

16 (1) NOTIFICATION.—All notification require17 ments under such section shall remain in effect for

18 construction projects carried out under the authority

19 provided by this section.

20 (2) REVIEW AND APPROVAL.—The Secretary

21 shall establish procedures for the review and approval

22 of requests from the Secretaries of military depart23 ments to carry out construction projects under the au24 thority provided by this section.

25 (d) REPORT ON PROGRAM.—
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1 (1) REPORT REQUIRED.—Not later than March

2 1, 2007, the Secretary of Defense shall submit to the

3 congressional defense committees a report on the pro4 gram authorized under this section.

5 (2) CONTENT.—The report shall include—

6 (A) a list and description of the construc7 tion projects carried out under the program, in8 cluding the location and cost of each such

9 project; and

10 (B) the assessment of the Secretary of the

11 advisability of extending or expanding the au12 thority for the program under this section.

13 (e) EXPIRATION OF AUTHORITY.—The authority pro14 vided by this section expires on September 30, 2007.

15 (f) CONSTRUCTION OF AUTHORITY.—Nothing in this

16 section may be construed to limit any other authority pro17 vided by law for a military construction project at a child

18 development center.

19 (g) CHILD DEVELOPMENT CENTER DEFINED.—In this

20 section, the term ‘‘child development center’’ includes a fa21 cility, and the utilities to support such facility, the function

22 of which is to support the daily care of children aged 6

23 weeks old through 5 years old for full-day, part-day, and

24 hourly service.
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1 SEC. 2805. INAPPLICABILITY TO CHILD DEVELOPMENT CEN2 TERS OF RESTRICTION ON AUTHORITY TO AC3 QUIRE OR CONSTRUCT ANCILLARY SUP4 PORTING FACILITIES.

5 Section 2881(b) of title 10, United States Code, is

6 amended by inserting ‘‘, other than a project for the acquisi7 tion or construction of a child development center,’’ after

8 ‘‘A project referred to in subsection (a)’’.

9 SEC. 2806. AUTHORITY TO CARRY OUT EXCHANGES OF FA10 CILITIES INCLUDING ASSOCIATED UTILITIES,

11 EQUIPMENT, AND FURNISHINGS.

12 (a) IN GENERAL.—Section 18240 of title 10, United

13 States Code, is amended by adding at the end the following

14 new subsection:

15 ‘‘(h) FACILITY DEFINED.—In this section, the term ‘fa16 cility’ includes—

17 ‘‘(1) any facility, as that term is defined in sec18 tion 18232(2) of this title; and

19 ‘‘(2) any associated utilities, equipment, and fur20 nishings required to be installed in any such facil21 ity.’’.

22 (b) TEMPORARY AUTHORITY RELATED TO CASH

23 EQUALIZATION PAYMENTS.—Section 2809(c)(4) of the Ron24 ald W. Reagan National Defense Authorization Act for Fis25 cal Year 2005 (Public Law 108–375; 118 Stat. 2127) is

26 amended by striking ‘‘the term ‘facility’ has the meaning
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1 given that term in section 18232(2) of title 10, United

2 States Code’’ and inserting the following: ‘‘the term ‘facil3 ity’ has the meaning given that term in section 18240(h)

4 of title 10, United States Code’’.

5 SEC. 2807. INCREASE IN NUMBER OF FAMILY HOUSING

6 UNITS IN KOREA AUTHORIZED FOR LEASE BY

7 THE ARMY AT MAXIMUM AMOUNT.

8 Section 2828(e)(4) of title 10, United States Code, is

9 amended by striking ‘‘2,400’’ and inserting ‘‘2,800’’.

10 Subtitle B—Real Property and

11 Facilities Administration

12 SEC. 2821. AUTHORITY TO LEASE NON-EXCESS PROPERTY

13 OF DEPARTMENT OF DEFENSE FIELD ACTIVI14 TIES.

15 Section 2667a of title 10, United States Code, is

16 amended—

17 (1) by amending the heading to read as follows:

18 ‘‘§ 2667a. Leases: non-excess property of Defense Agen19 cies and Department of Defense Field Ac20 tivities’’;

21 (2) in subsection (a)(1), by striking ‘‘Defense

22 agency’’ and inserting ‘‘Defense Agency or Depart23 ment of Defense Field Activity’’; and

24 (3) in subsection (d)—
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1 (A) by striking ‘‘Defense agency’’ and in2 serting ‘‘Defense Agency or Department of De3 fense Field Activity’’; and

4 (B) by striking ‘‘a Defense agency’s special

5 account’’ and inserting ‘‘the special account of a

6 Defense Agency or Department of Defense Field

7 Activity’’.

8 SEC. 2822. MODIFIED CRITERIA FOR AGREEMENTS TO LIMIT

9 ENCROACHMENTS AND OTHER CONSTRAINTS

10 ON MILITARY TRAINING, TESTING, AND OPER11 ATIONS.

12 (a) MODIFIED CRITERIA.—Section 2684a of title 10,

13 United States Code, is amended—

14 (1) in subsection (a)—

15 (A) by inserting ‘‘or entities’’ after ‘‘entity’’;

16 and

17 (B) by striking ‘‘in the vicinity of a mili18 tary installation’’ and inserting ‘‘in the vicinity

19 of, or ecologically related to, a military installa20 tion or the airspace of such installation’’;

21 (2) in subsection (d)—

22 (A) in paragraph (1)—

23 (i) by striking ‘‘An agreement with an

24 eligible entity under this section may pro25 vide for’’ and inserting ‘‘An agreement with
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1 an eligible entity or entities under this sec2 tion shall provide for’’;

3 (ii) in subparagraph (A), by inserting

4 ‘‘or entities’’ after ‘‘entity’’; and

5 (iii) by amending subparagraph (B) to

6 read as follows:

7 ‘‘(B) the equal sharing by the Department of De8 fense and the entity or entities of the acquisition

9 costs, whether by contribution of funding or like-kind

10 exchange of property or lesser property interest.’’;

11 (B) by redesignating paragraphs (2), (3),

12 (4), and (5) as paragraphs (4), (5), (6), and (7),

13 respectively;

14 (C) by inserting after paragraph (1) the fol15 lowing new paragraphs:

16 ‘‘(2) The Secretary concerned may waive the require17 ment in paragraph (1)(B) to equally share acquisition costs

18 if—

19 ‘‘(A) the Secretary determines that the agreement

20 is essential to accomplish the mission of the installa21 tion;

22 ‘‘(B) the Secretary notifies the congressional de23 fense committees in writing of the determination and

24 the reasons for the determination; and
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1 ‘‘(C) a period of 21 days has elapsed after the

2 date on which such notification is received by the

3 committees.

4 ‘‘(3) The acquisition cost of any lesser interest in the

5 property may not exceed 70 percent of the appraised value

6 of the property.’’; and

7 (D) in paragraph (5), as redesignated by

8 subparagraph (B), by inserting ‘‘or entities’’

9 after ‘‘entity’’;

10 (3) by redesignating subsection (h) as subsection

11 (i); and

12 (4) by inserting after subsection (g) the following

13 new subsection:

14 ‘‘(h) ANNUAL REPORTS.—(1) Not later than March 15,

15 2006, and annually thereafter, the Secretary of Defense

16 shall, in coordination with the Secretaries of the military

17 departments and the Director of the Department of Defense

18 Test Management Resource Center, submit to the congres19 sional defense committees a report on the implementation

20 of projects undertaken pursuant to this section.

21 ‘‘(2) The reports submitted under paragraph (1) shall

22 include—

23 (A) a description of the status of such projects;

24 (B) an assessment of the effectiveness of such

25 projects and other actions undertaken pursuant to
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1 this section as part of a long-range strategy to ensure

2 the sustainability of military test and training

3 ranges, military installations, and associated air4 space;

5 (C) an evaluation of the methodology and cri6 teria used to select and prioritize projects undertaken

7 pursuant to this section;

8 (D) a description of the shared costs by the De9 partment of Defense and the eligible entity or entities

10 under each agreement undertaken or proposed; and

11 (E) recommendations for any legislation or

12 changes in regulations to increase the efficiency and

13 effectiveness of actions taken under this section.’’.

14 (b) APPLICABILITY OF MODIFIED CRITERIA.—The re15 quirement under subsection (d)(1)(B) of such section (as

16 amended by subsection (a)(2)(A)(iii)) that an agreement

17 under such section shall provide for the equal sharing of

18 acquisition costs by the Department of Defense and an eligi19 ble entity or entities shall not apply to an agreement initi20 ated before the date of the enactment of this Act.

21 SEC. 2823. EXPANDED AUTHORITY TO ENTER INTO LEASE22 PURCHASE AGREEMENTS.

23 Section 2812 of title 10, United States Code, is

24 amended—

25 (1) in subsection (a)(1)—
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1 (A) by striking ‘‘a private contractor’’ and

2 inserting ‘‘an eligible entity’’; and

3 (B) by striking ‘‘the contractor’’ and insert4 ing ‘‘the eligible entity’’;

5 (2) in subsection (c)—

6 (A) by striking ‘‘(c)(1)’’ and inserting ‘‘(c)’’;

7 (B) by striking paragraph (2); and

8 (C) by redesignating subparagraphs (A)

9 and (B) as paragraphs (1) and (2); and

10 (3) by adding at the end the following new sub11 section:

12 ‘‘(e) In this section, the term ‘eligible entity’ means

13 any private person, corporation, firm, partnership, com14 pany, or State or local government.’’.

15 Subtitle C—Land Conveyances

16 PART I—ARMY CONVEYANCES

17 SEC. 2841. LAND CONVEYANCE, HELENA, MONTANA.

18 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

19 Army may convey by quitclaim deed to the Helena Indian

20 Alliance, all right, title, and interest of the United States

21 in and to a parcel of real property consisting of approxi22 mately 3.0 acres located at Sheridan Hall United States

23 Army Reserve Center, 501 Euclid Avenue, Helena, Mon24 tana, including improvements thereon, for the purposes of

25 supporting Native American health care, mental health
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1 counseling, and the operation of an education training cen2 ter.

3 (b) REVERSIONARY INTEREST.—If the Secretary deter4 mines at any time that the real property conveyed under

5 subsection (a) is not being used in accordance with the pur6 poses of the conveyance specified in such subsection, all

7 right, title, and interest in and to the property shall revert,

8 at the option of the Secretary, to the United States, and

9 the United States shall have the right of immediate entry

10 onto the property. Any determination of the Secretary

11 under this subsection shall be made on the record after an

12 opportunity for a hearing.

13 (c) PAYMENT OF COSTS OF CONVEYANCE.—

14 (1) IN GENERAL.—The Secretary shall require

15 the Helena Indian Alliance to cover costs to be in16 curred by the Secretary, or to reimburse the Secretary

17 for costs incurred by the Secretary, to carry out the

18 conveyance under subsection (a), including survey

19 costs, costs related to environmental documentation,

20 and other administrative costs related to the convey21 ance. If amounts are collected from the Helena Indian

22 Alliance in advance of the Secretary incurring the ac23 tual costs, and the amount collected exceeds the costs

24 actually incurred by the Secretary to carry out the
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1 conveyance, the Secretary shall refund the excess

2 amount to the Alliance.

3 (2) REIMBURSEMENT.—Amounts received as re4 imbursement under paragraph (1) shall be credited to

5 the fund or account that was used to cover the costs

6 incurred by the Secretary in carrying out the convey7 ance. Amounts so credited shall be merged with

8 amounts in such fund or account and shall be avail9 able for the same purposes, and subject to the same

10 conditions and limitations, as amounts in such fund

11 or account.

12 (d) DESCRIPTION OF REAL PROPERTY.—The exact

13 acreage and legal description of the real property to be con14 veyed under subsection (a) shall be determined by a survey

15 satisfactory to the Secretary.

16 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec17 retary may require such additional terms and conditions

18 in connection with the conveyance under subsection (a) as

19 the Secretary considers appropriate to protect the interests

20 of the United State.

21 SEC. 2842. LAND CONVEYANCE, ARMY RESERVE CENTER,

22 BOTHELL, WASHINGTON.

23 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

24 Army may convey, without consideration, to the Snohomish

25 County Fire Protection District #10 (in this section re-
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1 ferred to as the ‘‘Fire District’’) all right, title, and interest

2 of the United States in and to a parcel of real property,

3 including any improvements thereon, consisting of approxi4 mately 1.0 acres located at the Army Reserve Center,

5 Bothell, Washington, for the purpose of permitting the Fire

6 District to operate a fire station on the property.

7 (b) REVERSIONARY INTEREST.—If the Secretary deter8 mines at any time that the real property conveyed under

9 subsection (a) is not being used in accordance with the pur10 pose of the conveyance specified in such subsection, all right,

11 title, and interest in and to the property shall revert, at

12 the option of the Secretary, to the United States, and the

13 United States shall have the right of immediate entry onto

14 the property. Any determination of the Secretary under this

15 subsection shall be made on the record after an opportunity

16 for a hearing.

17 (c) PAYMENT OF COSTS OF CONVEYANCE.—

18 (1) IN GENERAL.—The Secretary may require

19 the Fire District to cover costs to be incurred by the

20 Secretary, or to reimburse the Secretary for costs in21 curred by the Secretary, to carry out the conveyance

22 under subsection (a), including survey costs, costs re23 lated to environmental documentation, and other ad24 ministrative costs related to the conveyance. If

25 amounts are collected from the Fire District in ad-
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1 vance of the Secretary incurring the actual costs, and

2 the amount collected exceeds the costs actually in3 curred by the Secretary to carry out the conveyance,

4 the Secretary shall refund the excess amount to Fire

5 District.

6 (2) REIMBURSEMENT.—Amounts received as re7 imbursement under paragraph (1) shall be credited to

8 the fund or account that was used to cover the costs

9 incurred by the Secretary in carrying out the convey10 ance. Amounts so credited shall be merged with

11 amounts in such fund or account, and shall be avail12 able for the same purposes, and subject to the same

13 conditions and limitations, as amounts in such fund

14 or account.

15 (d) DESCRIPTION OF PROPERTY.—The exact acreage

16 and legal description of the real property to be conveyed

17 under subsection (a) shall be determined by surveys satis18 factory to the Secretary. The cost of each survey shall be

19 borne by the Fire District.

20 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec21 retary may require such additional terms and conditions

22 in connection with the conveyance under subsection (a) as

23 the Secretary considers appropriate to protect the interests

24 of the United States.
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1 SEC. 2843. LAND CONVEYANCE, IOWA ARMY AMMUNITION

2 PLANT, MIDDLETOWN, IOWA.

3 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

4 Army may convey to the City of Middletown (in this section

5 referred to as the ‘‘City’’) all right, title, and interest of

6 the United States in and to a parcel of real property, in7 cluding any improvements thereon, consisting of approxi8 mately 1.0 acres located at the Iowa Army Ammunition

9 Plant, Middletown, Iowa, for the purpose of economic devel10 opment.

11 (b) CONSIDERATION.—As consideration for the convey12 ance of property under subsection (a), the City shall provide

13 the United States, whether by cash payment, in-kind con14 sideration, or a combination thereof, an amount that is not

15 less than the fair market value of the conveyed property,

16 as determined by the Secretary.

17 (c) PAYMENT OF COSTS OF CONVEYANCE.—

18 (1) IN GENERAL.—The Secretary may require

19 the City to cover costs to be incurred by the Secretary,

20 or to reimburse the Secretary for costs incurred by the

21 Secretary, to carry out the conveyance under sub22 section (a), including survey costs, costs related to en23 vironmental documentation, and other administrative

24 costs related to the conveyance. If amounts are col25 lected from the City in advance of the Secretary in26 curring the actual costs, and the amount collected ex-
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1 ceeds the costs actually incurred by the Secretary to

2 carry out the conveyance, the Secretary shall refund

3 the excess amount to the City.

4 (2) REIMBURSEMENT.—Amounts received as re5 imbursement under paragraph (1) shall be credited to

6 the fund or account that was used to cover the costs

7 incurred by the Secretary in carrying out the convey8 ance. Amounts so credited shall be merged with

9 amounts in such fund or account, and shall be avail10 able for the same purposes, and subject to the same

11 conditions and limitations, as amounts in such fund

12 or account.

13 (d) DESCRIPTION OF PROPERTY.—The exact acreage

14 and legal description of the real property to be conveyed

15 under subsection (a) shall be determined by surveys satis16 factory to the Secretary. The cost of each survey shall be

17 borne by the City.

18 (e) 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.
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1 PART II—NAVY CONVEYANCES

2 SEC. 2851. LAND CONVEYANCE, MARINE CORPS AIR STA3 TION, MIRAMAR, SAN DIEGO, CALIFORNIA.

4 (a) CONVEYANCE AUTHORIZED.—Subject to subsection

5 (c), the Secretary of the Navy may convey to the County

6 of San Diego, California (in this section referred to as the

7 ‘‘County’’), all right, title, and interest of the United States

8 in and to a parcel of real property, including any improve9 ments thereon and appurtenant easements thereto, con10 sisting of approximately 230 acres located on the eastern

11 boundary of Marine Corps Air Station, Miramar, Cali12 fornia, for the purpose of removing the property from the

13 boundaries of the installation and permitting the County

14 to preserve the entire property known as the Stowe Trail

15 as a public passive park/recreational area.

16 (b) CONSIDERATION.—

17 (1) IN GENERAL.—As consideration for the con18 veyance under subsection (a), the County shall pro19 vide the United States an amount with a total value

20 that is not less than the fair market value of the con21 veyed real property, as determined by the Secretary.

22 (c) REVERSIONARY INTEREST.—

23 (1) IN GENERAL.—If the Secretary determines at

24 any time that the real property conveyed under sub25 section (a) is not being used in accordance with the

26 purpose of the conveyance specified in such subsection,
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1 all right, title, and interest in and to the property,

2 including any improvements thereon, shall revert, at

3 the option of the Secretary, to the United States, and

4 the United States shall have the right of immediate

5 entry onto the property. Any determination of the

6 Secretary under this subsection shall be made on the

7 record after an opportunity for a hearing.

8 (2) RELEASE OF REVERSIONARY INTEREST.—The

9 Secretary shall release, without consideration, the re10 versionary interest retained by the United States

11 under paragraph (1) if the Marine Corps Air Station,

12 Miramar, is no longer being used for Department of

13 Defense activities.

14 (d) PAYMENT OF COSTS OF CONVEYANCE.—

15 (1) PAYMENT REQUIRED.—The Secretary shall

16 require the County to cover costs to be incurred by the

17 Secretary, or to reimburse the Secretary for costs in18 curred by the Secretary, to carry out the conveyance

19 under subsection (a) and implement the receipt of

20 consideration under subsection (b), including ap21 praisal costs, survey costs, costs related to environ22 mental documentation, and other administrative costs

23 related to the conveyance and receipt of consideration.

24 If amounts are collected from the County in advance

25 of the Secretary incurring the actual costs, and the
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1 amount received exceeds the costs actually incurred by

2 the Secretary under this section, the Secretary shall

3 refund the excess amount to the County.

4 (2) REIMBURSEMENT.—Amounts received as re5 imbursement under paragraph (1) shall be credited to

6 the fund or account that was used to cover the costs

7 incurred by the Secretary in carrying out the convey8 ance. Amounts so credited shall be merged with

9 amounts in such fund or account and shall be avail10 able for the same purposes, and subject to the same

11 conditions and limitations, as amounts in such fund

12 or account.

13 (e) DESCRIPTION OF PROPERTY.—The exact acreage

14 and legal description of the real property to be conveyed

15 under subsection (a) shall be determined by a survey satis16 factory to the Secretary.

17 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec18 retary may require such additional terms and conditions

19 in connection with the conveyance under subsection (a) as

20 the Secretary considers appropriate to protect the interests

21 of the United States.

22 SEC. 2852. LEASE OF UNITED STATES NAVY MUSEUM FA23 CILITIES AT WASHINGTON NAVY YARD, DIS24 TRICT OF COLUMBIA.

25 (a) LEASE OR LICENSE AUTHORIZED.—
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1 (1) IN GENERAL.—The Secretary of the Navy

2 may lease to the Naval Historical Foundation (in this

3 section referred to as the ‘‘Foundation’’) facilities lo4 cated at Washington Naval Yard, Washington, Dis5 trict of Columbia, that house the United States Navy

6 Museum (in this section referred to as the ‘‘Museum’’)

7 for the purpose of carrying out the following activi8 ties:

9 (A) Generation of revenue for the Museum

10 through the rental of facilities to the public, com11 mercial and non-profit entities, State and local

12 governments, and other Federal agencies.

13 (B) Administrative activities in support of

14 the Museum.

15 (2) LIMITATION.—Any activities carried out at

16 the leased facilities under paragraph (1) must be con17 sistent with the operations of the Museum.

18 (b) CONSIDERATION.—The amount of consideration

19 paid in a year by the Foundation to the United States for

20 the lease of facilities under subsection (a) may not exceed

21 the actual cost, as determined by the Secretary, of the an22 nual operation and maintenance of the facilities.

23 (c) USE OF PROCEEDS.—

24 (1) DEPOSIT OF PROCEEDS.—The Secretary

25 shall deposit any amounts received under subsection
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1 (b) for the lease or license of facilities under sub2 section (a) into the account for appropriations avail3 able for the operation and maintenance of the Mu4 seum.

5 (2) AVAILABILITY OF AMOUNTS.—The Secretary

6 may use any amounts deposited under paragraph (1)

7 to cover the costs associated with the operation and

8 maintenance of the Museum and its exhibits.

9 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec10 retary may require such additional terms and conditions

11 in connection with the lease or lease of facilities under sub12 section (a) as the Secretary considers appropriate to protect

13 the interests of the United States.

14 PART III—AIR FORCE CONVEYANCES

15 SEC. 2861. ACQUISITION OF BUILD-TO-LEASE FAMILY HOUS16 ING AT EIELSON AIR FORCE BASE, ALASKA.

17 (a) ACQUISITION AUTHORIZED.—

18 (1) IN GENERAL.—The Secretary of the Air

19 Force may purchase the entire interest of the devel20 oper in the military family housing project at Eielson

21 Air Force Base, Alaska, described in paragraph (2) if

22 the Secretary determines that the purchase is in the

23 best economic interests of the Air Force.

24 (2) DESCRIPTION OF PROJECT.—The military

25 family housing project referred to in this section is
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1 the 300-unit military family housing project at

2 Eielson Air Force Base that was constructed by the

3 developer and is leased by the Secretary under section

4 2835 of title 10, United States Code (in this section

5 referred to as the ‘‘Eielson housing project’’).

6 (b) CONSIDERATION.—The consideration paid by the

7 Secretary under this section for the interest of the developer

8 in the Eielson housing project may not exceed an amount

9 equal to the fair market value of such interest, as deter10 mined by the Secretary.

11 (c) TIME FOR PURCHASE.—

12 (1) IN GENERAL.—Subject to paragraph (2), the

13 Secretary may make the purchase authorized by sub14 section (a) at any time after the end of the term of

15 the lease for the Eielson housing project.

16 (2) NOTICE AND WAIT REQUIREMENT.—The Sec17 retary may not make the purchase authorized by sub18 section (a) until 30 days after notifying the congres19 sional defense committees of the Secretary’s election to

20 make such purchase.

21 SEC. 2862. LAND CONVEYANCE, AIR FORCE PROPERTY, LA

22 JUNTA, COLORADO.

23 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

24 Air Force may convey, without consideration, to the City

25 of La Junta, Colorado (in this section referred to as the
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1 ‘‘City’’), all right, title, and interest of the United States

2 in and to a parcel of real property, including improvements

3 thereon, consisting of approximately 8 acres located at the

4 USA Bomb Plot in the La Junta Industrial Park for the

5 purpose of training local law enforcement officers.

6 (b) PAYMENT OF COSTS OF CONVEYANCE.—

7 (1) IN GENERAL.—The Secretary shall require

8 the City to cover costs to be incurred by the Secretary

9 after the date of enactment of the Act, or to reimburse

10 the Secretary for costs incurred by the Secretary after

11 that date, to carry out the conveyance under sub12 section (a), including any survey costs, costs related

13 to environmental assessments, studies, analyses, or

14 other documentation, and other administrative costs

15 related to the conveyance. If amounts are collected

16 from the City in advance of the Secretary incurring

17 the actual costs, and the amount collected exceeds the

18 costs actually incurred by the Secretary to carry out

19 the conveyance, the Secretary shall refund the excess

20 amount to the City.

21 (2) TREATMENT OF AMOUNTS RECEIVED.—

22 Amounts received as reimbursement under paragraph

23 (1) shall be credited to the fund or account that was

24 used to cover the costs incurred by the Secretary in

25 carrying out the conveyance. Amounts so credited
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1 shall be merged with amounts in such fund or ac2 count, and shall be available for the same purposes,

3 and subject to the same conditions and limitations, as

4 amounts in such fund or account.

5 (c) DESCRIPTION OF PROPERTY.—The exact acreage

6 and legal description of the property to be conveyed under

7 subsection (a) shall be determined by a survey satisfactory

8 to the Secretary.

9 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec10 retary may require such additional terms and conditions

11 in connection with the conveyance under subsection (a) as

12 the Secretary considers appropriate to protect the interests

13 of the United States.

14 Subtitle D—Other Matters

15 SEC. 2881. REORGANIZATION AND TECHNICAL IMPROVE16 MENT OF CODIFIED LAWS APPLICABLE TO

17 REAL PROPERTY OF THE DEPARTMENT OF

18 DEFENSE.

19 (a) CONSOLIDATION OF ACQUISITION AUTHORITY.—

20 Section 2663 of title 10, United States Code, is amended—

21 (1) in the heading, by inserting ‘‘authority’’

22 after ‘‘Acquisition’’;

23 (2) in subsection (a)—
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1 (A) by redesignating paragraphs (1), (2),

2 and (3) as subparagraphs (A), (B), and (C), re3 spectively;

4 (B) by striking ‘‘(a) The Secretary’’ and in5 serting the following:

6 ‘‘(a) IN GENERAL.—(1) The Secretary’’; and

7 (C) in paragraph (1)(C), as redesignated by

8 this paragraph, by striking ‘‘clause (2)’’ and in9 serting ‘‘subparagraph (B)’’;

10 (3) by redesignating subsections (b), (c), and (d),

11 as paragraphs (2), (3), and (4), respectively;

12 (4) by striking ‘‘subsection (a)’’ each place it ap13 pears and inserting ‘‘paragraph (1)’’; and

14 (5) by adding at the end the following new sub15 sections:

16 ‘‘(b) LOW-COST INTERESTS IN LAND.—(1) The Sec17 retary of a military department may acquire any interest

18 in land that—

19 ‘‘(A) the Secretary determines—

20 ‘‘(i) is needed in the interest of na21 tional defense; and

22 ‘‘(ii) does not cost more than $750,000,

23 exclusive of administrative costs and the

24 amounts of any deficiency judgments; or

25 ‘‘(B) the Secretary determines—
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1 ‘‘(i) is needed solely to correct a defi2 ciency that is life-threatening, health-threat3 ening, or safety-threatening; and

4 ‘‘(ii) does not cost more than

5 $1,500,000, exclusive of administrative costs

6 and the amounts of any deficiency judg7 ments.

8 ‘‘(2) This subsection does not apply to the acquisition,

9 as part of the same project, of more than one parcel of land

10 unless—

11 ‘‘(A) the parcels are noncontiguous; or

12 ‘‘(B) if the parcels are contiguous—

13 ‘‘(i) the total cost of such parcels is not

14 more than $750,000 in the case of an acquisition

15 under paragraph (1)(A); or

16 ‘‘(ii) the total cost of such parcels is not

17 more than $1,500,000 in the case of an acquisi18 tion under paragraph (1)(B).

19 ‘‘(3) Appropriations available to the Department of

20 Defense for operation and maintenance or for military con21 struction may be used for the acquisition of land or interests

22 in land under paragraph (1).

23 ‘‘(c) INTERESTS IN LAND WHEN NEED IS URGENT.—

24 (1) The Secretary of a military department may acquire
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1 any interest in land in any case in which the Secretary

2 determines that—

3 ‘‘(A) the acquisition is needed in the inter4 est of national defense;

5 ‘‘(B) the acquisition is required to maintain

6 the operational integrity of a military installa7 tion; and

8 ‘‘(C) considerations of urgency do not per9 mit the delay necessary to include the acquisi10 tion in an annual Military Construction Author11 ization Act.

12 ‘‘(2) Not later than 10 days after the date on which

13 the Secretary of a military department determines to ac14 quire an interest in land under the authority of this sub15 section, the Secretary shall submit to the Committee on

16 Armed Services of the Senate and the Committee on Armed

17 Services of the House of Representatives written notice con18 taining a description of the property and interest to be ac19 quired and the reasons for the acquisition.

20 ‘‘(3) Appropriations available for military construc21 tion may be used for the acquisition of land under this sub22 section.

23 ‘‘(d) SCOPE OF AUTHORITY.—The authority to acquire

24 interests in real property (including a temporary interest)

25 under this section includes authority to—
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1 ‘‘(1) make surveys; and

2 ‘‘(2) acquire interests in real property by gift,

3 purchase, exchange of real property owned by the

4 United States, or otherwise.’’.

5 (b) ACQUISITION LIMITATIONS.—

6 (1) TRANSFER OF LIMITATIONS.—Section 2676

7 of such title is—

8 (A) transferred to appear after section 2663

9 of such title; and

10 (B) redesignated as section 2664 of such

11 title.

12 (2) STYLISTIC AND CLERICAL AMENDMENTS.—

13 Section 2664 of such title, as redesignated by para14 graph (1), is amended—

15 (A) by striking subsection (b);

16 (B) by redesignating subsections (c), (d),

17 and (e) as subsections (b), (c), and (d), respec18 tively;

19 (C) in subsection (b), as redesignated by

20 subparagraph (B)—

21 (i) by striking ‘‘determines (A) that

22 such’’ and inserting the following: ‘‘deter23 mines that—

24 ‘‘(A) such’’;
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1 (ii) by striking ‘‘cost, and (B) that

2 such’’ and inserting the following: ‘‘cost;

3 and

4 ‘‘(B) that such’’; and

5 (iii) by striking ‘‘subsection (d)’’ and

6 inserting ‘‘subsection (c)’’;

7 (D) in subsection (c), as so redesignated, by

8 striking ‘‘subsection (c)’’ and inserting ‘‘sub9 section (b)’’; and

10 (E) in subsection (d), as so redesignated, by

11 striking ‘‘subsections (c) and (d)’’ and inserting

12 ‘‘subsections (b) and (c)’’.

13 (c) REPEAL OF CONSOLIDATED SECTIONS.—The fol14 lowing sections of chapter 159 of such title are repealed:

15 (1) Section 2672.

16 (2) Section 2672a.

17 (d) CLERICAL AMENDMENTS.—The table of sections at

18 the beginning of such chapter is amended—

19 (1) by amending the item relating to section

20 2663 to read as follows:

‘‘2663. Acquisition authority.’’;

21 (2) by inserting after the item relating to section

22 2663 the following new item:

‘‘2664. Acquisition: limitations.’’; and

23 (3) by striking the items relating to sections

24 2672, 2672a, and 2676.
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1 (e) REPEAL OF OBSOLETE AUTHORITY.—Section 2665

2 of such title is amended—

3 (1) by striking subsection (a);

4 (2) by redesignating subsections (b), (c), (d), (e),

5 and (f) as subsections (a), (b), (c), (d), and (e), re6 spectively;

7 (3) in subsection (b), as redesignated by para8 graph (2), by striking ‘‘subsection (a) or (b)’’ and in9 serting ‘‘subsection (a)’’; and

10 (4) in paragraph (2) of subsection (e), as so

11 redesignated—

12 (A) by striking ‘‘subsections (a) and (b)’’

13 and inserting ‘‘subsection (a)’’;

14 (B) by striking ‘‘subsection (d)’’ and insert15 ing ‘‘subsection (c)’’; and

16 (C) by striking ‘‘subsection (e)’’ and insert17 ing ‘‘subsection (d)’’.

18 (f) TRANSFER OF FORD ISLAND PROVISION.—

19 (1) TRANSFER AND REDESIGNATION.—Section

20 2814 of such title is—

21 (A) transferred to appear after section 7524

22 of such title; and

23 (B) redesignated as section 7525 of such

24 title.
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1 (2) TECHNICAL AND CONFORMING AMEND2 MENTS.—Subsection (i) of section 7525 of such title,

3 as transferred and redesignated by paragraph (1), is

4 amended—

5 (A) in paragraph (2)—

6 (i) by striking ‘‘To extent’’ and insert7 ing ‘‘To the extent; and

8 (ii) by striking ‘‘this chapter’’ and in9 serting ‘‘chapter 169 of this title’’; and

10 (B) in paragraph (3)(B), by striking ‘‘this

11 chapter’’ and inserting ‘‘chapter 169 of this

12 title’’.

13 (3) CLERICAL AMENDMENTS.—(A) The table of

14 sections at the beginning of chapter 169 of such title

15 is amended by striking the item relating to section

16 2814.

17 (B) The table of sections at the beginning of

18 chapter 645 of such title is amended by adding at the

19 end the following new item:

‘‘7525. Special authority for development of Ford Island, Hawaii.’’.

20 (g) APPLICATION OF REAL PROPERTY MANAGEMENT

21 AUTHORITIES TO PENTAGON RESERVATION.—Section 2661

22 of such title is amended by adding at the end the following

23 new subsection:

24 ‘‘(d) In this chapter, the terms ‘Secretary concerned’

25 and ‘Secretary of a military department’ include the Sec-
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1 retary of Defense with respect to the Pentagon Reserva2 tion.’’.

3 SEC. 2882. REPORT ON APPLICATION OF FORCE PROTEC4 TION AND ANTI-TERRORISM STANDARDS TO

5 LEASED FACILITIES.

6 (a) REPORT REQUIRED.—Not later than May 1, 2006,

7 the Secretary of Defense shall submit to the congressional

8 defense committees a report on the application of Depart9 ment of Defense Anti-Terrorism/Force Protection standards

10 to all facilities leased by the Department of Defense or

11 leased by the General Services Administration as an agent

12 for the Department of Defense as of September 30, 2005.

13 (b) INFORMATION ON LEASED FACILITIES.—For each

14 facility identified in the report submitted under subsection

15 (a), the Secretary shall include the following:

16 (1) A description of the function of the leased fa17 cility, including the location, size, terms of lease, and

18 the number of personnel housed within the facility.

19 (2) A description of the threat assessment and

20 the joint security integrated vulnerability assessment

21 for each leased facility.

22 (3) A description and cost estimate of any ac23 tions necessary to mitigate risk to an acceptable level

24 in each leased facility.
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1 (4) A description and cost estimate of the actions

2 to be taken by the Secretary of Defense for each leased

3 facility to ensure compliance with Department of De4 fense Anti-Terrorism/Force Protection standards.

5 (5) The total estimated cost of, and a proposed

6 funding plan for, implementation of the force protec7 tion and anti-terrorism measures required to ensure

8 the compliance of all leased facilities with Defense

9 Anti-Terrorism/Force Protection standards.

10 (c) INFORMATION ON SUPPORT PRIORITIES.—The re11 port submitted under subsection (a) shall also include a sep12 arate description of the procedures used by the Secretary

13 of Defense to prioritize funding for the application of force

14 protection and antiterrorism standards to leased facilities,

15 including a description of any such procedures applicable

16 to the entire Department of Defense.

17 (d) APPLICABILITY.—The reporting requirements

18 under this section apply to any space or facility that houses

19 11 or more personnel in service to, or employed by, the De20 partment of Defense.

21 SEC. 2883. CONSTRUCTION AT FORT BUCHANAN, PUERTO

22 RICO, FOR RESERVE COMPONENTS.

23 Section 1507(b)(2) of the Floyd D. Spence National

24 Defense Authorization Act for Fiscal Year 2001 (Public
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1 Law 106–398, 114 Stat. 1654A–355) is amended to read

2 as follows:

3 ‘‘(2) The construction, conversion, rehabilitation,

4 extension, and improvement of reserve component and

5 nonappropriated fund facilities.’’.

6 SEC. 2884. AUTHORITY TO USE PAPAGO PARK MILITARY

7 RESERVATION, ARIZONA, FOR GENERAL MILI8 TARY PURPOSES.

9 Section 1 of the Act of April 7, 1930 (46 Stat. 142,

10 chapter 107), is amended by striking ‘‘reserved for military

11 purposes for use of the National Guard of Arizona as a rifle

12 range’’ and inserting ‘‘reserved for military purposes for

13 use by the State of Arizona as a military installation

14 known as Papago Park Military Reservation’’.

15 SEC. 2885. ONE-YEAR EXTENSION OF DEPARTMENT OF DE16 FENSE LABORATORY REVITALIZATION PRO17 GRAM.

18 Section 2892(g) of the National Defense Authorization

19 Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C.

20 2805 note), as amended by section 2891 of the Ronald W.

21 Reagan National Defense Authorization Act for Fiscal Year

22 2005 (Public Law 108–375; 118 Stat. 2154), is further

23 amended by striking ‘‘September 30, 2005’’ and inserting

24 ‘‘September 30, 2006’’.
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1 SEC. 2886. SENSE OF CONGRESS ON ESTABLISHMENT OF

2 BAKERS CREEK MEMORIAL.

3 (a) FINDINGS.—Congress makes the following findings:

4 (1) In 1943 and 1944, the United States Armed

5 Forces operated a rest and relaxation facility in

6 Mackay, Queensland, Australia, for troops serving in

7 the Pacific Theater during World War II.

8 (2) On June 14, 1943, a Boeing B–17C was

9 transporting 6 crew members and 35 servicemen from

10 Mackay to Port Moresby, New Guinea, to return the

11 servicemen to duty after 10 days of rest and relax12 ation leave at an Army/Red Cross facility.

13 (3) The aircraft crashed shortly after take-off at

14 Bakers Creek, Australia, killing all 6 crew members

15 and 34 of the 35 servicemen being transported in

16 what was at that point the worst crash in American

17 air transport history, and what remains the worst air

18 disaster in Australian history.

19 (4) Due to wartime censorship rules related to

20 the movement of troops, the tragic crash and loss of

21 life were not reported to the Australian or United

22 States public.

23 (5) Many family members of those killed did not

24 learn the circumstances of the troops deaths until they

25 were contacted by the Bakers Creek Memorial Foun26 dation beginning in 1992.
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1 (6) As of May 2005, the Bakers Creek Memorial

2 Foundation had contacted 36 of the 40 families that

3 lost loved ones in the tragic crash, and was con4 tinuing efforts to locate the remaining four families

5 to inform them of the true events of the crash at

6 Bakers Creek.

7 (7) The Australian people marked the tragic

8 crash at Bakers Creek with a memorial established in

9 1992, but no similar memorial has been established in

10 the United States.

11 (b) SENSE OF CONGRESS.—It is the sense of Congress

12 that the Secretary of the Army may establish an appro13 priate marker, at a site to be chosen at the discretion of

14 the Secretary, to commemorate the 40 members of the

15 United States Armed Forces who lost their lives in the air

16 crash at Bakers Creek, Australia, on June 14, 1943.

17 SEC. 2887. REPORT ON USE OF GROUND SOURCE HEAT

18 PUMPS AT DEPARTMENT OF DEFENSE FACILI19 TIES.

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

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

22 of Defense shall submit to the congressional defense commit23 tees a report on the use of ground source heat pumps at

24 Department of Defense facilities.
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1 (b) CONTENT.—The report required under subsection

2 (a) shall include—

3 (1) a description of the types of Department of

4 Defense facilities that use ground source heat pumps;

5 (2) an assessment of the applicability and cost6 effectiveness of the use of ground source heat pumps

7 at Department of Defense facilities in different geo8 graphic regions of the United States;

9 (3) a description of the relative applicability of

10 ground source heat pumps for purposes of new con11 struction at, and retrofitting of, Department of De12 fense facilities; and

13 (4) recommendations for facilitating and encour14 aging the increased use of ground source heat pumps

15 at Department of Defense facilities.

16 SEC. 2888. TREATMENT OF INDIAN TRIBAL GOVERNMENTS

17 AS PUBLIC ENTITIES FOR PURPOSES OF DIS18 POSAL OF REAL PROPERTY RECOMMENDED

19 FOR CLOSURE IN JULY 2003 BRAC COMMIS20 SION REPORT.

21 Section 8013 of the Department of Defense Appropria22 tions Act, 1994 (Public Law 103–139; 107 Stat. 1440) is

23 amended by striking ‘‘the report to the President from the

24 Defense Base Closure and Realignment Commission, July

25 1991’’ and inserting ‘‘the reports to the President from the
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1 Defense Base Closure and Realignment Commission, July

2 1991 and July 1993’’.

3 SEC. 2889. SENSE OF THE SENATE REGARDING COMMUNITY

4 IMPACT ASSISTANCE RELATED TO CON5 STRUCTION OF NAVY LANDING FIELD, NORTH

6 CAROLINA.

7 It is the sense of the Senate that—

8 (1) the planned construction of an outlying land9 ing field in North Carolina is vital to the national

10 security interests of the United States; and

11 (2) the Department of Defense should work with

12 other Federal agencies to provide community impact

13 assistance to those communities directly impacted by

14 the location of the outlying landing field, including,

15 where appropriate—

16 (A) economic development assistance;

17 (B) impact aid program assistance;

18 (C) the provision by cooperative agreement

19 with the Navy of fire, rescue, water, and sewer

20 services;

21 (D) access by leasing arrangement to appro22 priate land for farming for farmers impacted by

23 the location of the landing field;

24 (E) direct relocation assistance; and
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1 (F) fair compensation to landowners for

2 property purchased by the Navy.

3 SEC. 2890. DESIGNATION OF WILLIAM B. BRYANT ANNEX.

4 (a) DESIGNATION.—The annex to the E. Barrett

5 Prettyman Federal Building and United States Courthouse

6 located at 333 Constitution Avenue Northwest in the Dis7 trict of Columbia shall be known and designated as the

8 ‘‘William B. Bryant Annex’’.

9 (b) REFERENCES.—Any reference in a law, map, regu10 lation, document, paper, or other record of the United

11 States to the annex referred to in subsection (a) shall be

12 deemed to be a reference to the ‘‘William B. Bryant Annex’’.

13 SEC. 2891. REQUIRED CONSULTATION WITH STATE AND

14 LOCAL ENTITIES ON TRANSPORTATION,

15 HOUSING, AND OTHER INFRASTRUCTURE

16 ISSUES RELATED TO THE ADDITION OF PER17 SONNEL OR FACILITIES AT MILITARY INSTAL18 LATIONS AS PART OF 2005 ROUND OF DE19 FENSE BASE CLOSURE AND REALIGNMENT.

20 Section 2905(a) of the Defense Base Closure and Re21 alignment Act of 1990 (part A of title XXIX of Public Law

22 101–510; 10 U.S.C. 2687 note) is amended by adding at

23 the end the following new paragraph:

24 ‘‘(3) In carrying out any closure or realignment under

25 this part that would add personnel or facilities to an exist-
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1 ing military installation, the Secretary shall consult with

2 appropriate State and local entities on matters affecting

3 the local community related to transportation, utility infra4 structure, housing, schools, and family support activities

5 during the development of plans to implement such closure

6 or realignment.’’.

7 SEC. 2892. SENSE OF THE SENATE ON REVERSIONARY IN8 TERESTS AT NAVY HOMEPORTS.

9 It is the sense of the Senate that, in implementing the

10 decisions made with respect to Navy homeports as part of

11 the 2005 round of defense base closure and realignment, the

12 Secretary of the Navy should, consistent with the national

13 interest and Federal policy supporting cost-free conveyances

14 of Federal surplus property suitable for use as port facili15 ties, release or otherwise relinquish any entitlement to re16 ceive, pursuant to any agreement providing for such pay17 ment, compensation from any holder of a reversionary in18 terest in real property used by the United States for im19 provements made to any military installation that is closed

20 or realigned as part of such base closure round.
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1 SEC. 2893. IDENTIFICATION OF ENVIRONMENTAL CONDI2 TIONS AT MILITARY INSTALLATIONS CLOSED

3 OR REALIGNED UNDER 2005 ROUND OF DE4 FENSE BASE CLOSURE AND REALIGNMENT.

5 (a) IDENTIFICATION OF ENVIRONMENTAL CONDITION

6 OF PROPERTY.—

7 (1) IN GENERAL.—Not later than May 31, 2007,

8 the Secretary of Defense, in consultation with the Ad9 ministrator of the Environmental Protection Agency,

10 other appropriate Federal agencies, and State, tribal,

11 and local government officials, shall complete an iden12 tification of the environmental condition of the real

13 property (including groundwater) of each military

14 installation approved for closure or realignment

15 under the 2005 round of defense base closure and re16 alignment in accordance with section 120(h)(4) of the

17 Comprehensive Environmental Response, Compensa18 tion, and Liability Act of 1980 (42 U.S.C.

19 9620(h)(4)).

20 (2) RESULTS.—

21 (A) IN GENERAL.—As soon as practicable

22 after the date on which an identification under

23 paragraph (1) is completed, the Secretary of De24 fense shall—

25 (i) provide a notice of the results of the

26 identification to—
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1 (I) the Administrator of the Envi2 ronmental Protection Agency;

3 (II) the head of any other appro4 priate Federal agency, as determined

5 by the Secretary; and

6 (III) any affected State or tribal

7 government official, as determined by

8 the Secretary; and

9 (ii) publish in the Federal Register the

10 results of the identification.

11 (B) REQUEST FOR CONCURRENCE.—The

12 Secretary shall include in a notice provided

13 under subclause (I) or (III) of subparagraph

14 (A)(i) a request for concurrence with the identi15 fication in such form as the Secretary determines

16 to be appropriate.

17 (3) CONCURRENCE.—

18 (A) IN GENERAL.—An identification under

19 paragraph (1) shall not be considered to be com20 plete until—

21 (i) for a property that is a site, or part

22 of a site, on the National Priorities List de23 veloped by the President in accordance with

24 section 105(a)(8)(B) of the Comprehensive

25 Environmental Response, Compensation,
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1 and Liability Act of 1980 (42 U.S.C.

2 9605(a)(8)(B)), the date on which the Ad3 ministrator of the Environmental Protec4 tion Agency and each appropriate State

5 and tribal government official concur with

6 the identification; and

7 (ii) for any property that is not a site

8 described in clause (i), the date on which

9 each appropriate State and tribal govern10 ment official concurs with the identifica11 tion.

12 (B) FAILURE TO ACT.—The Administrator,

13 or a State or tribal government official, shall be

14 considered to concur with an identification

15 under paragraph (1) if the Administrator or

16 government official fails to make a determina17 tion with respect to a request for concurrence

18 with such identification under paragraph (2)(B)

19 by not later than 90 days after the date on which

20 such request for concurrence is received.

21 (b) EXPEDITING ENVIRONMENTAL RESPONSE.—The

22 Secretary of Defense shall coordinate with appropriate Fed23 eral, State, tribal, and local governmental officials, as deter24 mined by the Secretary, to expedite environmental response

25 at military installations approved for closure or realign-
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1 ment under the 2005 round of defense base closure and re2 alignment.

3 (c) REPORT.—The Secretary shall submit to Congress,

4 as part of each annual report under section 2706 of title

5 10, United States Code, a report describing any progress

6 made in carrying out this section.

7 (d) EFFECT OF SECTION.—Nothing in this section af8 fects any obligation of the Secretary with respect to any

9 other Federal or State requirement relating to—

10 (1) the environment; or

11 (2) the transfer of property.

12 SEC. 2894. SENSE OF CONGRESS ON LIMITATION ON TRANS13 FER OF UNITS FROM CLOSED AND RE14 ALIGNED MILITARY INSTALLATIONS PEND15 ING READINESS OF RECEIVING LOCATIONS.

16 (a) FINDINGS.—

17 (1) The Commission on Review of Overseas Mili18 tary Facility Structure of the United States, also

19 known as the Overseas Basing Commission, trans20 mitted a report to the President and Congress on Au21 gust 15, 2005, that discussed considerations for the re22 turn to the United States of up to 70,000 service per23 sonnel and 100,000 family members and civilian em24 ployees from overseas garrisons.
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1 (2) The 2005 Base Closure and Realignment

2 Commission released a report on September 8, 2005,

3 to the President that assessed the closure and realign4 ment decisions of the Department of Defense, which

5 would affect 26,830 military personnel positions.

6 (3) Both of these reports expressed concerns that

7 massive movements of units, service personnel, and

8 families may disrupt unit operational effectiveness

9 and the quality of life for family members if not car10 ried out with adequate planning and resources.

11 (4) The 2005 Base Closure and Realignment

12 Commission, in its decision to close Fort Monmouth,

13 included a provision requiring the Secretary of De14 fense to provide a report that ‘‘movement of organiza15 tions, functions, or activities from Fort Monmouth to

16 Aberdeen Proving Ground will be accomplished with17 out disruption of their support to the Global War on

18 Terrorism or other critical contingency operations,

19 and that safeguards exist to ensure that necessary re20 dundant capabilities are put in place to mitigate po21 tential degradation of such support, and to ensure

22 maximum retention of critical workforce’’.

23 (5) The Overseas Basing Commission found that

24 ‘‘base closings at home along with the return of yet

25 additional masses of service members and dependents
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1 from overseas will have major impact on local com2 munities and the quality of life that can be expected.

3 Movements abroad from established bases into new lo4 cations, or into locations already in use that will be

5 put under pressure by increases in populations, will

6 impact on living conditions.’’

7 (6) The Overseas Basing Commission notes that

8 the four most critical elements of quality of life as

9 they relate to restructuring of the global defense pos10 ture are housing, military child education, healthcare,

11 and service member and family services.

12 (7) The Overseas Basing Commission rec13 ommended that ‘‘planners must take a ‘last day-first

14 day’ approach to the movement of units and families

15 from one location to another’’, meaning that they

16 must maintain the support infrastructure for per17 sonnel until the last day they are in place and must

18 have the support infrastructure in place on the first

19 day troops arrive in the new location.

20 (8) The Overseas Basing Commission further rec21 ommended that it is ‘‘imperative that the ‘last day22 first day’ approach should be taken whether the move23 ment is abroad from one locale to another, from over24 seas to the United States, or from one base in CONUS
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1 [the continental United States] to yet another as a re2 sult of base realignment and closures’’.

3 (b) SENSE OF CONGRESS.—It is the sense of Congress

4 that the Secretary of Defense should not transfer any unit

5 from a military installation closed or realigned due to the

6 relocation of forces under the Integrated Global Presence

7 and Basing Strategy or the 2005 round of defense base clo8 sure and realignment until adequate facilities and infra9 structure necessary to support the unit’s mission and qual10 ity of life requirements for military families are ready for

11 use at the receiving location.

12 DIVISION C—DEPARTMENT OF

13 ENERGY NATIONAL SECURITY

14 AUTHORIZATIONS AND

15 OTHER AUTHORIZATIONS

16 TITLE XXXI—DEPARTMENT OF

17 ENERGY NATIONAL SECURITY

18 PROGRAMS

19 Subtitle A—National Security

20 Programs Authorizations

21 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA22 TION.

23 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

24 hereby authorized to be appropriated to the Department of

25 Energy for fiscal year 2006 for the activities of the National
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1 Nuclear Security Administration in carrying out programs

2 necessary for national security in the amount of

3 $9,357,427,000, to be allocated as follows:

4 (1) For weapons activities, $6,590,319,000.

5 (2) For defense nuclear nonproliferation activi6 ties, $1,637,239,000, of which amount $338,565,000

7 shall be available for project 99–D–143, the Mixed

8 Oxide Fuel Fabrication Facility, Savannah River

9 Site, Aiken, South Carolina, and $24,000,000 shall be

10 available for project 99–D–141, the Pit Disassembly

11 and Conversion Facility, Savannah River Site,

12 Aiken, South Carolina.

13 (3) For naval reactors, $786,000,000.

14 (4) For the Office of the Administrator for Nu15 clear Security, $343,869,000.

16 (b) AUTHORIZATION OF NEW PLANT PROJECTS.—

17 From funds referred to in subsection (a) that are available

18 for carrying out plant projects, the Secretary of Energy

19 may carry out new plant projects for weapons activities

20 as follows:

21 (1) For readiness in technical base and facilities,

22 the following new plant projects:

23 Project 06–D–140, Readiness in Technical

24 Base and Facilities Program (RTBF), project
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1 engineering and design, various locations,

2 $19,113,000.

3 Project 06–D–402, replacement of Fire Sta4 tions Number 1 and Number 2, Nevada Test

5 Site, Nevada, $8,284,000.

6 Project 06–D–403, tritium facility mod7 ernization, Lawrence Livermore National Lab8 oratory, Livermore, California, $2,600,000.

9 Project 06–D–404, remediation, restoration,

10 and upgrade of Building B–3, Nevada Test Site,

11 Nevada, $16,000,000.

12 (2) For facilities and infrastructure recapitaliza13 tion, the following new plant projects:

14 Project 06–D–160, Facilities and Infra15 structure Recapitalization Program (FIRP),

16 project engineering and design, various locations,

17 $5,811,000.

18 Project 06–D–601, electrical distribution

19 system upgrade, Pantex Plant, Amarillo, Texas,

20 $4,000,000.

21 Project 06–D–602, gas main and distribu22 tion system upgrade, Pantex Plant, Amarillo,

23 Texas, $3,700,000.
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1 Project 06–D–603, Steam Plant Life Exten2 sion Project (SLEP), Y–12 National Security

3 Complex, Oak Ridge, Tennessee, $729,000.

4 (3) For naval reactors, the following new plant

5 project:

6 Project 06–N–901, Central Office Building

7 2, Bettis Atomic Power Laboratory, West Miff8 lin, Pennsylvania, $7,000,000.

9 SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.

10 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

11 hereby authorized to be appropriated to the Department of

12 Energy for fiscal year 2006 for environmental management

13 activities in carrying out programs necessary for national

14 security in the amount of $6,189,433,000, to be allocated

15 as follows:

16 (1) For defense site acceleration completion,

17 $5,335,849,000.

18 (2) For defense environmental services,

19 $853,584,000.

20 (b) AUTHORIZATION OF NEW PLANT PROJECT.—From

21 funds referred to in subsection (a)(1) that are available for

22 carrying out plant projects, the Secretary of Energy may

23 carry out, for environmental management activities, the fol24 lowing new plant project:
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1 Project 06–D–401, sodium bearing waste treat2 ment project, Idaho National Laboratory, Idaho Falls,

3 Idaho, $15,000,000.

4 SEC. 3103. OTHER DEFENSE ACTIVITIES.

5 Funds are hereby authorized to be appropriated to the

6 Department of Energy for fiscal year 2006 for other defense

7 activities in carrying out programs necessary for national

8 security in the amount of $563,423,000.

9 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

10 Funds are hereby authorized to be appropriated to the

11 Department of Energy for fiscal year 2006 for defense nu12 clear waste disposal for payment to the Nuclear Waste Fund

13 established in section 302(c) of the Nuclear Waste Policy

14 Act of 1982 (42 U.S.C. 10222(c)) in the amount of

15 $301,447,000.

16 Subtitle B—Other Matters

17 SEC. 3111. REPORT ON COMPLIANCE WITH DESIGN BASIS

18 THREAT.

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

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

21 of Energy shall submit to the congressional defense commit22 tees a report detailing plans for achieving compliance under

23 the Design Basis Threat issued by the Department of En24 ergy in 2004.
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1 (b) CONTENT.—The report required under subsection

2 (a) shall include—

3 (1) an implementation plan with associated

4 funding requirements to achieve by September 30,

5 2007, compliance under the Design Basis Threat of

6 all Department of Energy and National Nuclear Se7 curity Administration sites that contain nuclear

8 weapons or special nuclear material; and

9 (2) an evaluation of options for applying secu10 rity technologies and innovative protective force de11 ployment to increase the efficiency and effectiveness of

12 efforts to protect against the threats postulated in the

13 Design Basis Threat.

14 (c) FORM.—The report required under subsection (a)

15 shall be submitted in classified form with an unclassified

16 summary.

17 SEC. 3112. COST ESTIMATE FOR WASTE TREATMENT AND

18 IMMOBILIZATION PLANT PROJECT, HANFORD

19 SITE, RICHLAND, WASHINGTON.

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

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

22 of Energy shall submit to the congressional defense commit23 tees an independent cost estimate prepared by the Army

24 Corps of Engineers for the Waste Treatment and Immo-
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1 bilization Plant project at the Hanford Site, Richland,

2 Washington (in this section referred to as the ‘‘project’’).

3 (b) CONTENT.—The cost estimate required under sub4 section (a) shall include estimates of the total cost and an5 nual funding requirements, listed by year, to complete the

6 project, assuming a completion date in each of 2011, 2012,

7 2013, 2014, and 2015.

8 SEC. 3113. REPORT ON INTERNATIONAL BORDER SECURITY

9 PROGRAMS.

10 (a) REPORT REQUIRED.—Not later than 120 days

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

12 of Energy shall, in consultation with the Secretary of De13 fense, the Secretary of State, and, as appropriate, the Sec14 retary of Homeland Security, submit to the Committees on

15 Armed Services of the Senate and the House of Representa16 tives a report on the management by such Secretaries of

17 border security programs in the countries of the former So18 viet Union and other countries.

19 (b) CONTENT.—The report required under subsection

20 (a) shall include—

21 (1) a description of the roles and responsibilities

22 of each department and agency of the United States

23 Government in international border security pro24 grams;
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1 (2) a description of the interactions and coordi2 nation among departments and agencies of the United

3 States Government that are conducting international

4 border security programs;

5 (3) a description of the mechanisms that exist to

6 ensure coordination, avoid duplication, and provide a

7 means to resolve conflicts or problems that might

8 arise in the implementation of international border

9 security programs;

10 (4) a discussion of whether there is existing

11 interagency guidance that addresses the roles, inter12 actions, and dispute resolution mechanisms for de13 partments and agencies of the United States Govern14 ment that are conducting international border secu15 rity programs, and the adequacy of such guidance if

16 it exists; and

17 (5) recommendations to improve the coordina18 tion and effectiveness of international border security

19 programs.

20 SEC. 3114. CLARIFICATION OF COOPERATIVE AGREEMENT

21 AUTHORITY UNDER CHEMICAL DEMILI22 TARIZATION PROGRAM.

23 (a) IN GENERAL.—Section 1412(c)(4) of the Depart24 ment of Defense Authorization Act, 1986 (50 U.S.C.

25 1521(c)(4)), is amended—
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1 (1) by inserting ‘‘(A)’’ after ‘‘(4)’’;

2 (2) in the first sentence—

3 (A) by inserting ‘‘and tribal organizations’’

4 after ‘‘State and local governments’’; and

5 (B) by inserting ‘‘and tribal organizations’’

6 after ‘‘those governments’’;

7 (3) in the third sentence—

8 (A) by striking ‘‘Additionally, the Sec9 retary’’ and inserting the following:

10 ‘‘(B) Additionally, the Secretary’’; and

11 (B) by inserting ‘‘and tribal organizations’’

12 after ‘‘State and local governments’’; and

13 (4) by adding at the end the following:

14 ‘‘(C) In this paragraph, the term ‘tribal or15 ganization’ has the meaning given the term in

16 section 4(l) of the Indian Self-Determination

17 and Education Assistance Act (25 U.S.C.

18 450b(l)).’’.

19 (b) EFFECTIVE DATE.—The amendments made by sub20 section (a)—

21 (1) take effect on December 5, 1991; and

22 (2) apply to any cooperative agreement entered

23 into on or after that date.
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1 SEC. 3115. SAVANNAH RIVER NATIONAL LABORATORY.

2 The Savannah River National Laboratory shall

3 be a participating laboratory in the Department of

4 Energy laboratory directed research and development

5 program.

6 SEC. 3116. ROCKY FLATS ENVIRONMENTAL TECHNOLOGY

7 SITE.

8 (a) DEFINITIONS.—In this section:

9 (1) ESSENTIAL MINERAL RIGHT.—The term ‘‘es10 sential mineral right’’ means a right to mine sand

11 and gravel at Rocky Flats, as depicted on the map.

12 (2) FAIR MARKET VALUE.—The term ‘‘fair mar13 ket value’’ means the value of an essential mineral

14 right, as determined by an appraisal performed by an

15 independent, certified mineral appraiser under the

16 Uniform Standards of Professional Appraisal Prac17 tice.

18 (3) MAP.—The term ‘‘map’’ means the map enti19 tled ‘‘Rocky Flats National Wildlife Refuge’’, dated

20 July 25, 2005, and available for inspection in appro21 priate offices of the United States Fish and Wildlife

22 Service and the Department of Energy.

23 (4) NATURAL RESOURCE DAMAGE LIABILITY

24 CLAIM.—The term ‘‘natural resource damage liability

25 claim’’ means a natural resource damage liability

26 claim under subsections (a)(4)(C) and (f) of section
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1 107 of the Comprehensive Environmental Response,

2 Compensation, and Liability Act of 1980 (42 U.S.C.

3 9607) arising from hazardous substances releases at

4 or from Rocky Flats that, as of the date of enactment

5 of this Act, are identified in the administrative record

6 for Rocky Flats required by the National Oil and

7 Hazardous Substances Pollution Contingency Plan

8 prepared under section 105 of that Act (42 U.S.C.

9 9605).

10 (5) ROCKY FLATS.—The term ‘‘Rocky Flats’’

11 means the Department of Energy facility in the State

12 of Colorado known as the ‘‘Rocky Flats Environ13 mental Technology Site’’.

14 (6) SECRETARY.—The term ‘‘Secretary’’ means

15 the Secretary of Energy.

16 (7) TRUSTEES.—The term ‘‘Trustees’’ means the

17 Federal and State officials designated as trustees

18 under section 107(f)(2) of the Comprehensive Envi19 ronmental Response, Compensation, and Liability

20 Act of 1980 (42 U.S.C. 9607(f)(2)).

21 (b) PURCHASE OF ESSENTIAL MINERAL RIGHTS.—

22 (1) IN GENERAL.—Not later than 1 year after

23 the date of enactment of this Act, such amounts au24 thorized to be appropriated under subsection (c) shall
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1 be available to the Secretary to purchase essential

2 mineral rights at Rocky Flats.

3 (2) CONDITIONS.—The Secretary shall not pur4 chase an essential mineral right under paragraph (1)

5 unless—

6 (A) the owner of the essential mineral right

7 is a willing seller; and

8 (B) the Secretary purchases the essential

9 mineral right for an amount that does not exceed

10 fair market value.

11 (3) LIMITATION.—Only those funds authorized to

12 be appropriated under subsection (c) shall be avail13 able for the Secretary to purchase essential mineral

14 rights under paragraph (1).

15 (4) RELEASE FROM LIABILITY.—Notwith16 standing any other law, any natural resource damage

17 liability claim shall be considered to be satisfied by—

18 (A) the purchase by the Secretary of essen19 tial mineral rights under paragraph (1) for con20 sideration in an amount equal to $10,000,000;

21 (B) the payment by the Secretary to the

22 Trustees of $10,000,000; or

23 (C) the purchase by the Secretary of any

24 portion of the mineral rights under paragraph

25 (1) for—
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1 (i) consideration in an amount less

2 than $10,000,000; and

3 (ii) a payment by the Secretary to the

4 Trustees of an amount equal to the dif5 ference between—

6 (I) $10,000,000; and

7 (II) the amount paid under clause

8 (i).

9 (5) USE OF FUNDS.—

10 (A) IN GENERAL.—Any amounts received

11 under paragraph (4) shall be used by the Trust12 ees for the purposes described in section 107(f)(1)

13 of the Comprehensive Environmental Response,

14 Compensation, and Liability Act of 1980 (42

15 U.S.C. 9607(f)(1)), including—

16 (i) the purchase of additional mineral

17 rights at Rocky Flats; and

18 (ii) the development of habitat restora19 tion projects at Rocky Flats.

20 (B) CONDITION.—Any expenditure of funds

21 under this paragraph shall be made jointly by

22 the Trustees.

23 (C) ADDITIONAL FUNDS.—The Trustees may

24 use the funds received under paragraph (4) in

25 conjunction with other private and public funds.
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1 (6) EXEMPTION FROM NATIONAL ENVIRON2 MENTAL POLICY ACT.—Any purchases of mineral

3 rights under this subsection shall be exempt from the

4 National Environmental Policy Act of 1969 (42

5 U.S.C. 4321 et seq.).

6 (7) ROCKY FLATS NATIONAL WILDLIFE REF7 UGE.—

8 (A) TRANSFER OF MANAGEMENT RESPON9 SIBILITIES.—The Rocky Flats National Wildlife

10 Refuge Act of 2001 (16 U.S.C. 668dd note; Pub11 lic Law 107–107) is amended—

12 (i) in section 3175—

13 (I) by striking subsections (b) and

14 (f); and

15 (II) by redesignating subsections

16 (c), (d), and (e) as subsections (b), (c),

17 and (d), respectively; and

18 (ii) in section 3176(a)(1), by striking

19 ‘‘section 3175(d)’’ and inserting ‘‘section

20 3175(c)’’.

21 (B) BOUNDARIES.—Section 3177 of the

22 Rocky Flats National Wildlife Refuge Act of

23 2001 (16 U.S.C. 668dd note; Public Law 107–

24 107) is amended by striking subsection (c) and

25 inserting the following:
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1 ‘‘(c) COMPOSITION.—

2 ‘‘(1) IN GENERAL.—Except as provided in para3 graph (2), the refuge shall consist of land within the

4 boundaries of Rocky Flats, as depicted on the map—

5 ‘‘(A) entitled ‘Rocky Flats National Wildlife

6 Refuge’;

7 ‘‘(B) dated July 25, 2005; and

8 ‘‘(C) available for inspection in the appro9 priate offices of the United States Fish and

10 Wildlife Service and the Department of Energy.

11 ‘‘(2) EXCLUSIONS.—The refuge does not

12 include—

13 ‘‘(A) any land retained by the Department

14 of Energy for response actions under section

15 3175(c);

16 ‘‘(B) any land depicted on the map de17 scribed in paragraph (1) that is subject to 1 or

18 more essential mineral rights described in section

19 3114(a) of the National Defense Authorization

20 Act for Fiscal Year 2006 over which the Sec21 retary shall retain jurisdiction of the surface es22 tate until the essential mineral rights—

23 ‘‘(i) are purchased under subsection (b)

24 of that Act; or
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1 ‘‘(ii) are mined and reclaimed by the

2 mineral rights holders in accordance with

3 requirements established by the State of Col4 orado; and

5 ‘‘(C) the land depicted on the map described

6 in paragraph (1) on which essential mineral

7 rights are being actively mined as of the date of

8 enactment of the National Defense Authorization

9 Act for Fiscal Year 2006 until—

10 ‘‘(i) the essential mineral rights are

11 purchased; or

12 ‘‘(ii) the surface estate is reclaimed by

13 the mineral rights holder in accordance

14 with requirements established by the State

15 of Colorado.

16 ‘‘(3) ACQUISITION OF ADDITIONAL LAND.—Not17 withstanding paragraph (2), upon the purchase of the

18 mineral rights or reclamation of the land depicted on

19 the map described in paragraph (1), the Secretary

20 shall—

21 ‘‘(A) transfer the land to the Secretary of

22 the Interior for inclusion in the refuge; and

23 ‘‘(B) the Secretary of the Interior shall—

24 ‘‘(i) accept the transfer of the land;

25 and
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1 ‘‘(ii) manage the land as part of the

2 refuge.’’.

3 (c) FUNDING.—Of the amounts authorized to be appro4 priated to the Secretary for the Rocky Flats Environmental

5 Technology Site for fiscal year 2006, $10,000,000 may be

6 made available to the Secretary for the purposes described

7 in subsection (b).

8 SEC. 3117. PROHIBITION ON USE OF FUNDS FOR ROBUST

9 NUCLEAR EARTH PENETRATOR.

10 None of the funds authorized to be appropriated to the

11 Department of Energy under this Act may be made avail12 able for the Robust Nuclear Earth Penetrator.

13 SEC. 3118. SENSE OF THE SENATE REGARDING INTERIM RE14 PORTS ON RESIDUAL BERYLLIUM CONTAMI15 NATION AT DEPARTMENT OF ENERGY VEN16 DOR FACILITIES.

17 (a) FINDINGS.—The Senate makes the following find18 ings:

19 (1) Section 3169 of the Ronald W. Reagan Na20 tional Defense Authorization Act for Fiscal Year 2005

21 (Public Law 108–375; 42 U.S.C. 7384 note) requires

22 the National Institute for Occupational Safety and

23 Health to submit, not later than December 31, 2006,

24 an update to the October 2003 report of the Institute
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1 on residual beryllium contamination at Department

2 of Energy vendor facilities.

3 (2) The American Beryllium Company,

4 Tallevast, Florida, machined beryllium for the De5 partment of Energy’s Oak Ridge Y–12, Tennessee,

6 and Rocky Flats, Colorado, facilities from 1967 until

7 1992.

8 (3) The National Institute for Occupational

9 Safety and Health has completed its evaluation of re10 sidual beryllium contamination at the American Be11 ryllium Company.

12 (4) Workers at the American Beryllium Com13 pany and other affected companies should be made

14 aware fo the site-specific results of the study as soon

15 as such results are available.

16 (b) SENSE OF THE SENATE.—It is the sense of the Sen17 ate to urge the Director of the National Institute for Occu18 pational Safety and Health—

19 (1) to provide to Congress interim reports of re20 sidual beryllium contamination at facilities not later

21 than 14 days after completing the internal review of

22 such reports; and

23 (2) to publish in the Federal Register summaries

24 of the findings of such reports, including the dates of

25 any significant residual beryllium contamination, at
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1 such time as the reports are provided to Congress

2 under paragraph (1).

3 SEC. 3119. REPORT ON ADVANCED TECHNOLOGIES FOR NU4 CLEAR POWER REACTORS IN THE UNITED

5 STATES.

6 (a) REPORT REQUIRED.—Not later than six months

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

8 of Energy shall submit to Congress a report on advanced

9 technologies for nuclear power reactors in the United States.

10 (b) REPORT ELEMENTS.—The report required by sub11 section (a) shall include the following:

12 (1) A description and assessment of technologies

13 under development for advanced nuclear power reac14 tors that offer the potential for further enhancements

15 of the safety performance of nuclear power reactors.

16 (2) A description and assessment of technologies

17 under development for advanced nuclear power reac18 tors that offer the potential for further enhancements

19 of proliferation-resistant nuclear power reactors.

20 (c) FORM OF REPORT.—The information in the report

21 required by subsection (a) shall be presented in manner and

22 format that facilitates the dissemination of such informa23 tion to, and the understanding of such information by, the

24 general public.
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1 TITLE XXXII—DEFENSE NU2 CLEAR FACILITIES SAFETY

3 BOARD

4 SEC. 3201. AUTHORIZATION.

5 There are authorized to be appropriated for fiscal year

6 2006, $22,032,000 for the operation of the Defense Nuclear

7 Facilities Safety Board under chapter 21 of the Atomic En8 ergy Act of 1954 (42 U.S.C. 2286 et seq.).

9 TITLE XXXIII—NATIONAL

10 DEFENSE STOCKPILE

11 SEC. 3301. REVISIONS TO REQUIRED RECEIPT OBJECTIVES

12 FOR PREVIOUSLY AUTHORIZED DISPOSALS

13 FROM NATIONAL DEFENSE STOCKPILE.

14 (a) DISPOSAL AUTHORITY.—Section 3303(a)(5) of the

15 Strom Thurmond National Defense Authorization Act for

16 Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 98d

17 note), as amended by section 3302 of the Ronald W. Reagan

18 National Defense Authorization Act for Year 2005 (Public

19 Law 108–375; 50 U.S.C. 98d note), is amended by striking

20 paragraph (5) and inserting the following new paragraphs:

21 ‘‘(5) $900,000,000 by the end of fiscal year 2010.

22 ‘‘(6) $1,000,000,000 by the end of fiscal year

23 2013.’’.

24 (b) ADDITIONAL DISPOSAL AUTHORITY.—Section

25 3402(b) of the National Defense Authorization Act for Fis-
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1 cal Year 2000 (Public Law 106–65; 113 Stat. 972; 50

2 U.S.C. 98d note), as amended by section 3302 of the Na3 tional Defense Authorization Act for Fiscal Year 2004 (Pub4 lic Law 108–136; 50 U.S.C. 98d note), is amended by strik5 ing paragraph (4) and inserting the following new para6 graphs:

7 ‘‘(4) $500,000,000 before the end of fiscal year

8 2010.

9 ‘‘(5) $600,000,000 before the end of fiscal year

10 2013.’’.

11 SEC. 3302. AUTHORIZATION FOR DISPOSAL OF TUNGSTEN

12 ORES AND CONCENTRATES.

13 (a) DISPOSAL AUTHORIZED.—The President may dis14 pose of up to 8,000,000 pounds of contained tungsten in

15 the form of tungsten ores and concentrates from the Na16 tional Defense Stockpile in fiscal year 2006.

17 (b) CERTAIN SALES AUTHORIZED.—The tungsten ores

18 and concentrates disposed under subsection (a) may be sold

19 to entities with ore conversion or tungsten carbide manufac20 turing or processing capabilities in the United States.

21 SEC. 3303. DISPOSAL OF FERROMANGANESE.

22 (a) DISPOSAL AUTHORIZED.—The Secretary of De23 fense may dispose of up to 75,000 tons of ferromanganese

24 from the National Defense Stockpile during fiscal year

25 2006.
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1 (b) CONTINGENT AUTHORITY FOR ADDITIONAL DIS2 POSAL.—If the Secretary of Defense completes the disposal

3 of the total quantity of ferromanganese authorized for dis4 posal by subsection (a) before September 30, 2006, the Sec5 retary of Defense may dispose of up to an additional 25,000

6 tons of ferromanganese from the National Defense Stockpile

7 before that date.

8 (c) CERTIFICATION.—The Secretary of Defense may

9 dispose of ferromanganese under the authority of subsection

10 (b) only if the Secretary submits written certification to

11 the Committee on Armed Services of the Senate and the

12 Committee on Armed Services of the House of Representa13 tives, not later than 30 days before the commencement of

14 disposal, that—

15 (1) the disposal of the additional ferromanganese

16 from the National Defense Stockpile is in the interest

17 of national defense;

18 (2) the disposal of the additional ferromanganese

19 will not cause undue disruption to the usual markets

20 of producers and processors of ferromanganese in the

21 United States; and

22 (3) the disposal of the additional ferromanganese

23 is consistent with the requirements and purpose of the

24 National Defense Stockpile.
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1 (d) DELEGATION OF RESPONSIBILITY.—The Secretary

2 of Defense may delegate the responsibility of the Secretary

3 under subsection (c) to an appropriate official within the

4 Department of Defense.

5 (e) NATIONAL DEFENSE STOCKPILE DEFINED.—In

6 this section, the term ‘‘National Defense Stockpile’’ means

7 the stockpile provided for in section 4 of the Strategic and

8 Critical Materials Stock Piling Act (50 U.S.C. 98c).

Attest:

Secretary.
109TH CONGRESS

1ST SESSION H. R. 1815

AMENDMENT