I 

109TH CONGRESS 

1ST SESSION H. R. 1815 

To authorize appropriations for fiscal year 2006 for military activities of 

the Department of Defense, to prescribe military personnel strengths 

for fiscal year 2006, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2005 

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

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

A BILL 

To authorize appropriations for fiscal year 2006 for military 

activities of the Department of Defense, to prescribe 

military personnel strengths for fiscal year 2006, and 

for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

6 SEC. 2. TABLE OF CONTENTS. 

7 (a) DIVISIONS.—This Act is organized into two divi8 sions as follows: 
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1 (1) Division A—Department of Defense Au2 thorizations. 

3 (2) Division B—Military Construction Author4 izations. 

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

6 this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Subtitle B—Army Programs 

Sec. 111. Multiyear procurement authority for UH–60/MH–60 helicopters. 

Sec. 112. Multiyear procurement authority for the Army Apache Modernized 

Target Acquisition Designation Sight/Pilot Night Vision Sensor. 

Sec. 113. Multiyear procurement authority for Army Apache Block II Conversion. 

Subtitle C—Navy Programs 

Sec. 121. Refueling and complex overhaul of the USS Carl Vinson. 

Sec. 122. Construction of the LHA replacement ship. 

Sec. 123. Use of funds from the National Defense Sealift Fund to exercise purchase options on maritime prepositioning ships. 

Subtitle D—Air Force Programs 

Sec. 131. Civil Reserve Air Fleet Expansion. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Sec. 201. Authorization of appropriations. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Sec. 302. Working capital funds. 

Sec. 303. Armed Forces Retirement Home. 

Sec. 304. Other Department of Defense programs. 
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Subtitle B—Environmental Provisions 

Sec. 311. Payment of certain private cleanup costs in connection with the defense environmental restoration program. 

Sec. 312. The environmental quality annual report. 

Subtitle C—Workplace and Depot Issues 

Sec. 321. Retention of reimbursement for provision of reciprocal fire protection 

services. 

Sec. 322. Exceptions to prohibition on contracts for performance of firefighting 

or security-guard functions. 

Sec. 323. Fielding of ballistic missile defense capabilities. 

Sec. 324. Expansion of Fire protection services under reciprocal agreements. 

Subtitle D—Other Matters 

Sec. 331. Termination of the National Security Education Trust Fund. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

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

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

Sec. 414. Fiscal year 2006 limitation on number of non-dual status technicians. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy 

Sec. 501. Elimination of frocking for officers above the grade of major general 

or rear admiral. 

Sec. 502. Authorized strength: general and flag officers on active duty. 

Subtitle B—Reserve Component Personnel Matters 

Sec. 511. Eliminate limitation on amount of ROTC scholarship financial assistance. 

Sec. 512. Modifications to Reserve educational benefit for certain active service. 

Sec. 513. Revision of bonus for enlisted members to serve in the Ready Reserve. 

Sec. 514. Retention incentive for members of the Selected Reserve qualified in 

a critical military skill or unit. 

Sec. 515. Uniform authority for Reserve general officer age deferments. 

Sec. 516. Expanded use of Reserve component members to perform developmental and operational testing and new equipment training. 

Subtitle C—Joint Officer Management and Professional Military Education 

Sec. 521. New mission statement and expanded eligibility for enlisted personnel 

at the naval postgraduate school. 

Subtitle D—Military Service Academies 
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Sec. 531. Pay Increase for permanent military professors at the United States 

Naval Academy with over 36 years of service. 

Sec. 532. Authority to retain permanent professors at the Naval Academy for 

more than thirty years. 

Subtitle E—Other Education and Training Matters 

Sec. 541. Increase ROTC scholarship limit. 

Sec. 542. Clarification of restriction on compensation for correspondence 

courses. 

Subtitle F—Military Justice Matters 

Sec. 551. Administrative sessions of courts-martial. 

Sec. 552. Unlimited period for prosecution of murder and rape; extended period 

for prosecution of child abuse cases in courts-martial. 

Sec. 553. Amending offense of rape under the Uniform Code of Military Justice; elimination of mistake of age defense in carnal knowledge 

of child cases. 

Sec. 554. Establishing the offense of stalking under the Uniform Code of Military Justice. 

Sec. 555. Amending offense of sodomy under the Uniform Code of Military 

Justice. 

Subtitle G—Management and Administrative Matters 

Sec. 561. Clarification of authority of military legal assistance counsel to provide military legal assistance without regard to licensing requirements. 

Subtitle H—Other Matters 

Sec. 571. Uniform Enlistment practices of the armed forces. 

Sec. 572. Increase in percentage limits on reduction of time in grade requirements for retention of grade upon voluntary retirement. 

Sec. 573. Consolidating frocking limits. 

Sec. 574. Receipt of statutory selection board correspondence. 

Sec. 575. Military personnel demonstration projects. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Permanent authority for the supplemental subsistence allowance for 

low-income members with dependents. 

Sec. 602. Repeal of basic allowance for housing differential. 

Sec. 603. Revisions to pay and allowances considered for saved pay upon appointment as an officer. 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. Uniform payment of foreign language proficiency pay to Reserve component members and members on active duty. 

Sec. 612. Increase maximum amount of selective reenlistment bonus. 

Sec. 613. One-year extension of certain bonus and special pays for Reserve 

forces. 

Sec. 614. Flexible payment of assignment incentive pay. 
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Sec. 615. Repayment of unearned portions of bonuses, special pays, and educational benefits. 

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

Subtitle C—Retired Pay 

Sec. 621. Prohibit court-ordered payments before retirement based on imputation of retired pay. 

Subtitle D—Other Matters 

Sec. 631. Payment of expenses to obtain professional credentials. 

Sec. 632. Monthly disbursement to the states of state income tax voluntarily 

withheld from retired or retained pay. 

Sec. 633. Leave accrual for members assigned to a deployable ship or mobile 

unit or other duty. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—Enhanced Benefits for Reserves 

Sec. 701. Correction to eligibility for health care pending active duty following 

commissioning. 

Subtitle B—Other Benefits Improvements 

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

Subtitle C—Planning, Programming, and Management 

Sec. 721. Modification of health care quality information and technology enhancement reporting requirement. 

Subtitle D—Medical Readiness Tracking and Health Surveillance 

Sec. 731. Revision of requirements for physical examinations and certificates of 

physical condition for members of the Selected Reserve. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Joint warfighting science and technology plan. 

Sec. 802. Making the statutory executive compensation cap prospective from 

the date of the legislation. 

Sec. 803. Clarification of rapid acquisition authority to respond to combat 

emergencies. 

Sec. 804. Clarification of Buy American requirements. 

Sec. 805. Increase limitation on advance billing of working capital fund customers. 

Sec. 806. Procurement of supplies and services from exchange stores; raising 

dollar limitation. 

Sec. 807. Authorization to enter into acquisition and cross-servicing agreements 

with regional organizations of which the United States is not 

a member. 
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Subtitle B—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 811. Defense acquisition workforce improvements. 

Sec. 812. Procurement of perishable food for establishments outside of the 

United States. 

Subtitle C—United States Defense Industrial Base Provisions 

Sec. 821. Revision of authority to dispose of certain materials in national defense stockpile. 

Subtitle D—Extension of Temporary Program Authorities 

Sec. 831. Modification of equipment within five years of its retirement or disposal. 

Sec. 832. Amendment of authority to provide logistics support and services. 

Subtitle E—Other Acquisition Matters 

Sec. 841. Procurement of ball and roller bearings. 

Sec. 842. Revitalization of Department of Defense laboratories. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Intelligence-Related Matters 

Sec. 901. Operational files of the Defense Intelligence Agency. 

Sec. 902. Defense counterintelligence polygraph program. 

Subtitle B—Other Matters 

Sec. 911. Operational test and evaluation; expanding the eligibility criteria for 

the leadership of Department of Defense Test resource management center. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. Repeal of requirement for separate budget request for procurement 

of Reserve equipment. 

Sec. 1002. Repeal of requirement for two-year budget cycle for the Department 

of Defense. 

Sec. 1003. Capture of all expired funds from the military personnel and operation and maintenance appropriation accounts for use in the 

foreign currency fluctuations account. 

Sec. 1004. Authority to use funds appropriated for active forces to support Reserve component forces notified of mobilization. 

Sec. 1005. Purchase and disposal of weapons overseas. 

Sec. 1006. Funding of Army multiple-component units. 

Subtitle B—Counter-Drug Activities 

Sec. 1011. Department of Defense support for counter-drug activities. 

Subtitle C—Reports 
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Sec. 1021. Relief of requirement to submit annual reports to Congress regarding global strike. 

Sec. 1022. Repeal of Required reports on transfers from high-priority readiness 

appropriations. 

Subtitle D—Defense Against Terrorism and Other Domestic Security Matters 

Sec. 1031. Testing of preparedness for emergencies involving nuclear, radiological, chemical, biological, and high-yield explosives weapons. 

Subtitle E—Personnel Security Matters 

Sec. 1041. Update of Internal Security Act of 1950. 

Subtitle F—Transportation-Related Matters 

Sec. 1051. Transportation of family members incident to the repatriation of 

servicemembers or civilians held captive. 

Sec. 1052. Research, development, test and evaluation for transportation related programs. 

Subtitle G—Other Matters 

Sec. 1061. Pilot program for the employment, use, and status of Reserve civilian mariners. 

Sec. 1062. Deletion of obsolete definitions in titles 10 and 32, United States 

Code. 

Sec. 1063. Reorganization of and technical corrections to real property provisions in title 10 without substantive change and clarification of 

authority relating to the Pentagon Reservation. 

Sec. 1064. Technical, clerical, and conforming amendments. 

Sec. 1065. Prohibit unauthorized wearing, manufacture, or sale of civilian medals or decorations. 

TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL 

Sec. 1101. Science, mathematics, and research for transformation (SMART) 

defense education program. 

Sec. 1102. Increased enrollment for certain defense industry civilians in the defense product development program. 

Sec. 1103. Priority placement of displaced civilian employees. 

TITLE XII—MATTERS RELATING TO OTHER NATIONS 

Subtitle A—Matters Related to Iraq, Afghanistan, and Global War on 

Terrorism 

Sec. 1201. Building the partnership security capacity of foreign military and 

security forces. 

Sec. 1202. Logistical support for foreign military forces. 

Sec. 1203. Reimbursement of Certain coalition countries for support provided 

to U.S. military operations. 

Sec. 1204. Security and stabilization assistance. 

Subtitle B—Other Matters 

Sec. 1211. War reserves stockpile, allies, Korea: transfer of obsolete or surplus 

items and final termination of program. 
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Sec. 1212. Department of Defense regional centers for security studies; acceptance of gifts and donations. 

Sec. 1213. Authority to Use appropriated funds for payment of all costs of attendance of foreign students under regional defense combating 

terrorism fellowship program. 

Sec. 1214. Humanitarian and civic assistance with respect to the detection and 

clearance of landmines and explosive remnants of war. 

Sec. 1215. Modification of the geographic restriction of bilateral or regional cooperation programs: payment of personnel expenses. 

Sec. 1216. Travel expenses support of coalition liaison officers. 

Sec. 1217. Humanitarian and civic assistance provided to host nations in conjunction with military operations. 

Sec. 1218. Expansion of humanitarian and civic assistance to include developing communications and information capacity. 

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES 

OF THE FORMER SOVIET UNION 

Sec. 1301. Permanent waiver of restrictions on use of funds for threat reduction in states of the former Soviet Union and elsewhere. 

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. 

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. 

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. 
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TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

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

projects. 

TITLE XXVII—EXPIRATION AND EXTENSION OF 

AUTHORIZATIONS 

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

by law. 

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

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

TITLE XXVIII—GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing 

Changes 

Sec. 2801. Streamlining military construction to reduce facility acquisition and 

construction cycle time. 

Sec. 2802. Purchase of build-to-lease family housing at Eielson Air Force Base, 

Alaska. 

Sec. 2803. Repeal requirement to determine the availability of suitable alternative housing for acquisition in lieu of construction of new 

family housing. 

Sec. 2804. Improvements at Fort Buchanan for Reserve component facilities. 

Sec. 2805. Increase in number of high-cost leases for Army family housing in 

Korea. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Expand authority to convey property at military installations to support military construction. 

Subtitle C—Other Matters 

Sec. 2821. Streamlining real property actions to reduce cycle time. 

1 TITLE I—PROCUREMENT 

2 Subtitle A—Authorization of 

3 Appropriations 

4 SEC. 101. ARMY. 

5 Funds are hereby authorized to be appropriated for 

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

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

8 (2) For missiles, $1,270,850,000. 
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1 (3) For weapons and tracked combat vehicles, 

2 $1,660,149,000. 

3 (4) For ammunition, $1,720,872,000. 

4 (5) For other procurement, $4,302,634,000. 

5 SEC. 102. NAVY AND MARINE CORPS. 

6 (a) NAVY.—Funds are hereby authorized to be appro7 priated for fiscal year 2006 for procurement for the Navy 

8 as follows: 

9 (1) For aircraft, $10,517,126,000. 

10 (2) For weapons, including missiles and tor11 pedoes, $2,707,841,000. 

12 (3) For shipbuilding and conversion, 

13 $8,721,165,000. 

14 (4) For other procurement, $5,487,818,000. 

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

16 be appropriated for fiscal year 2006 for procurement for 

17 the Marine Corps in the amount of $1,377,705,000. 

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

19 are hereby authorized to be appropriated for fiscal year 

20 2006 for procurement of ammunition for the Navy and 

21 Marine Corps in the amount of $872,849,000. 

22 SEC. 103. AIR FORCE. 

23 Funds are hereby authorized to be appropriated for 

24 fiscal year 2006 for procurement for the Air Force as fol25 lows: 
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1 (1) For aircraft, $11,973,933,000. 

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

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

4 (4) For other procurement, $14,002,689,000. 

5 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal year 2006 for Defense-wide procurement in the 

8 amount of $2,677,832,000. 

9 Subtitle B—Army Programs 

10 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR UH–

11 60/MH–60 HELICOPTERS. 

12 The Secretary of the Army and the Secretary of the 

13 Navy may, in accordance with section 2306b of title 10, 

14 United States Code, enter into a multiyear contract, be15 ginning with the fiscal year 2006 program year, for pro16 curement of UH–60/MH–60 Helicopters. 

17 SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR THE 

18 ARMY APACHE MODERNIZED TARGET ACQUI19 SITION DESIGNATION SIGHT/PILOT NIGHT VI20 SION SENSOR. 

21 The Secretary of the Army may, in accordance with 

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

23 a multiyear contract, beginning with the fiscal year 2006 

24 program year, for procurement of Apache Modernized 
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1 Target Acquisition Designation Sights/Pilot Night Vision 

2 Sensors. 

3 SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR 

4 ARMY APACHE BLOCK II CONVERSION. 

5 The Secretary of the Army may, in accordance with 

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

7 a multiyear contract, beginning with the fiscal year 2006 

8 program year, for procurement of Apache Block II Con9 versions. 

10 Subtitle C—Navy Programs 

11 SEC. 121. REFUELING AND COMPLEX OVERHAUL OF THE 

12 USS CARL VINSON. 

13 (a) AMOUNT AUTHORIZED FROM THE SCN AC14 COUNT.—Of the amount authorized to be appropriated by 

15 section 102(a)(3) for fiscal year 2006, $1,493,563,000 is 

16 available for the commencement of the nuclear refueling 

17 and complex overhaul of the USS CARL VINSON (CVN 

18 70). The amount available in the preceding sentence is the 

19 first increment in the incremental funding planned for the 

20 nuclear refueling and complex overhaul of that vessel. 

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

22 Navy may enter into a contract during fiscal year 2006 

23 for the nuclear refueling and complex overhaul of the USS 

24 CARL VINSON. 
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1 (c) CONDITION FOR OUT-YEAR CONTRACT PAY2 MENTS.—A contract entered into under subsection (b) 

3 shall provide that any obligation of the United States to 

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

5 fiscal year 2006 is subject to the availability of appropria6 tions for that purpose for that later fiscal year. 

7 SEC. 122. CONSTRUCTION OF THE LHA REPLACEMENT 

8 SHIP. 

9 (a) AMOUNT AUTHORIZED FROM THE SCN AC10 COUNT.—Of the amount authorized to be appropriated by 

11 section 102(a)(3) for fiscal year 2006, $150,000,000 is 

12 available for the design, advance procurement and advance 

13 construction of the LHA Replacement (LHA(R)) ship. 

14 Construction of the LHA(R) ship is anticipated during fis15 cal year 2007 and may proceed utilizing funding appro16 priated in fiscal years 2007 and 2008. 

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

18 Navy may enter into a contract during fiscal year 2006 

19 for the design, advance procurement and advance con20 struction of the LHA(R) ship. The Secretary of the Navy 

21 may enter into a contract during fiscal year 2007 for the 

22 detail design and construction of the LHA(R) ship. 

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

25 shall provide that any obligation of the United States to 
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1 make a payment under the contract for a fiscal year after 

2 fiscal year 2006 is subject to the availability of appropria3 tions for that purpose for that later fiscal year. 

4 SEC. 123. USE OF FUNDS FROM THE NATIONAL DEFENSE 

5 SEALIFT FUND TO EXERCISE PURCHASE OP6 TIONS ON MARITIME PREPOSITIONING 

7 SHIPS. 

8 Notwithstanding the provisions of subsection (f)(1) of 

9 section 2218 of title 10, United States Code, the Secretary 

10 of Defense may obligate and expend any funds in the Na11 tional Defense Sealift Fund to exercise options under con12 tracts to purchase any or all Maritime Prepositioning Ship 

13 vessels currently under charter to the Navy. 

14 Subtitle D—Air Force Programs 

15 SEC. 131. CIVIL RESERVE AIR FLEET EXPANSION. 

16 (a) EXPANSION OF THE CIVIL RESERVE AIR

17 FLEET.—Chapter 931 of title 10, United States Code, is 

18 amended by adding at the end the following new section: 

19 ‘‘§ 9515. Civil Reserve Air Fleet expansion using mili20 tary aircraft 

21 ‘‘(a) SALE OR TRADE OF USED MILITARY AIRCRAFT

22 TO ENHANCE THE CIVIL RESERVE AIR FLEET.—(1) Not23 withstanding subchapter II of chapter 10 of title 40, if 

24 the associated business case is certified by the Secretary 

25 of Defense and the Director, Office of Management and 
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1 Budget, the Secretary of the Air Force may sell or trade 

2 military aircraft and aircraft parts previously procured by 

3 the Department of Defense to a citizen of the United 

4 States, including the original manufacturer, for the pur5 pose of expanding the capacity and usefulness of the Civil 

6 Reserve Air Fleet. 

7 ‘‘(2) Notwithstanding section 101 of the Defense 

8 Production Act of 1950 (50 U.S.C. App. 2071), aircraft 

9 sold under paragraph (1) and operated by a citizen of the 

10 United States shall be committed to the Civil Reserve Air 

11 Fleet for use by the Department of Defense as needed dur12 ing activation of the Civil Reserve Air Fleet unless the 

13 aircraft is released from that use by the Secretary of De14 fense. 

15 ‘‘(b) PROCEEDS FROM SALE OR TRADE.—The Sec16 retary of the Air Force may apply the proceeds associated 

17 with the sale under subsection (a) in whole or in part to18 ward the aircraft procurement account associated with 

19 mobility aircraft. Proceeds associated with a trade under 

20 subsection (a) may be credited against the full funding 

21 budget year associated with the procurement contract for 

22 the replacement aircraft or aircraft parts, independent of 

23 the delivery date of the traded aircraft. Proceeds shall only 

24 be applied to programs authorized under law. 
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1 ‘‘(c) Aircraft Type Certification.—(1) Aircraft that 

2 were— 

3 ‘‘(A) designed and constructed in the United 

4 States; 

5 ‘‘(B) accepted for operational use by an armed 

6 force of the United States; and 

7 ‘‘(C) sold under subsection (a), without being 

8 declared surplus, for use as civil aircraft, 

9 meet the eligibility requirements for Type Certification in 

10 accordance with section 21.27(a) of title 14, Code of Fed11 eral Regulations. 

12 ‘‘(2) With respect to an aircraft sold under the au13 thority of subsection (a), nothing in this section may be 

14 construed to waive any requirement for the purchaser to 

15 obtain a certificate from the Federal Aviation Adminis16 trator to operate the aircraft. 

17 ‘‘(d) ADDITIONAL CONDITIONS.—(1) The Secretary 

18 of the Air Force shall establish a fair and reasonable value 

19 for aircraft sold under subsection (a). The Secretary may 

20 establish terms and conditions as the Secretary considers 

21 appropriate to protect the interests of the United States. 

22 ‘‘(2) With respect to an aircraft sold under the au23 thority of subsection (a), nothing in this section may be 

24 construed to waive any requirement for the purchaser to 

25 obtain an export license in accordance with sections 38– 
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1 40 of the Arms Export Control Act (22 U.S.C. 2778, 

2 2779–2780).’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of such chapter is amended by adding 

5 at the end the following new item: 

‘‘9515. Civil Reserve Air Fleet expansion using military aircraft.’’. 

6 TITLE II—RESEARCH, DEVELOP7 MENT, TEST, AND EVALUA8 TION 

9 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

10 Funds are hereby authorized to be appropriated for 

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

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

13 (1) For the Army, $9,733,824,000. 

14 (2) For the Navy, $18,037,991,000. 

15 (3) For the Air Force, $22,612,351,000. 

16 (4) For Defense-wide activities, 

17 $18,971,874,000, of which $168,458,000 is author18 ized for the Director of Operational Test and Eval19 uation. 
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1 TITLE III—OPERATION AND 

2 MAINTENANCE 

3 Subtitle A—Authorization of 

4 Appropriations 

5 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

6 Funds are hereby authorized to be appropriated for 

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

8 activities and agencies of the Department of Defense, for 

9 expenses, not otherwise provided for, for operation and 

10 maintenance, in amounts as follows: 

11 (1) For the Army, $25,316,595,000. 

12 (2) For the Navy, $30,759,889,000. 

13 (3) For the Marine Corps, $3,804,926,000. 

14 (4) For the Air Force, $31,521,136,000. 

15 (5) For the Defense-wide activities, 

16 $18,453,469,000. 

17 (6) For the Army Reserve, $1,987,382,000. 

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

19 (8) For the Marine Corps Reserve, 

20 $199,934,000. 

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

22 (10) For the Army National Guard, 

23 $4,509,719,000. 

24 (11) For the Air National Guard, 

25 $4,724,091,000. 
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1 (12) For the United States Court of Appeals 

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

3 (13) For Environmental Restoration, Army, 

4 $407,865,000. 

5 (14) For Environmental Restoration, Navy, 

6 $305,275,000. 

7 (15) For Environmental Restoration, Air Force, 

8 $406,461,000. 

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

11 (17) For Environmental Restoration, Formerly 

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

13 (18) For Overseas Humanitarian, Disaster, and 

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

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

17 (20) For Overseas Contingency Operations 

18 Transfer Fund, $20,000,000. 

19 SEC. 302. WORKING CAPITAL FUNDS. 

20 Funds are hereby authorized to be appropriated for 

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

22 activities and agencies of the Department of Defense for 

23 providing capital for working capital and revolving funds 

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

2 $1,471,340,000. 

3 (2) For the National Defense Sealift Fund, 

4 $1,648,504,000. 

5 SEC. 303. ARMED FORCES RETIREMENT HOME. 

6 There is hereby authorized to be appropriated for fis7 cal year 2006 from the Armed Forces Retirement Home 

8 Trust Fund the sum of $58,281,000 for the operation of 

9 the Armed Forces Retirement Home. 

10 SEC. 304. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

11 (a) DEFENSE HEALTH PROGRAM.—Funds are here12 by authorized to be appropriated for the Department of 

13 Defense for fiscal year 2006 for expenses, not otherwise 

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

15 amount of $19,791,612,000, of which— 

16 (1) $19,247,137,000 is for Operation and 

17 Maintenance; 

18 (2) $169,156,000 is for Research, Development, 

19 Test, and Evaluation; and 

20 (3) $375,319,000 is for Procurement. 

21 (b) CHEMICAL AGENTS AND MUNITIONS DESTRUC22 TION.—(1) Funds are hereby authorized to be appro23 priated for the Department of Defense for fiscal year 2006 

24 for expenses, not otherwise provided for, for Chemical 
21 

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1 Agents and Munitions Destruction, $1,405,827,000, of 

2 which— 

3 (A) $1,241,514,000 is for Operation and Main4 tenance; 

5 (B) $47,786,000 is for Research, Development, 

6 Test, and Evaluation; and 

7 (C) $116,527,000 is for Procurement. 

8 (2) Amounts authorized to be appropriated under 

9 paragraph (1) are authorized for— 

10 (A) the destruction of lethal chemical agents 

11 and munitions in accordance with section 1412 of 

12 the Department of Defense Authorization Act, 1986 

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

14 (B) the destruction of chemical warfare mate15 riel of the United States that is not covered by sec16 tion 1412 of such Act. 

17 (c) DRUG INTERDICTION AND COUNTER-DRUG AC18 TIVITIES, DEFENSE-WIDE.—Funds are hereby authorized 

19 to be appropriated for the Department of Defense for fis20 cal year 2006 for expenses, not otherwise provided for, for 

21 Drug Interdiction and Counter-Drug Activities, Defense22 wide, $895,741,000. 

23 (d) Defense Inspector General.—Funds are hereby 

24 authorized to be appropriated for the Department of De25 fense for fiscal year 2006 for expenses, not otherwise pro-
22 

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1 vided for, for the Office of the Inspector General of the 

2 Department of Defense, $209,687,000, of which— 

3 (1) $208,687,000 is for Operation and Mainte4 nance; and 

5 (2) $1,000,000 is for Procurement. 

6 Subtitle B—Environmental 

7 Provisions 

8 SEC. 311. PAYMENT OF CERTAIN PRIVATE CLEANUP COSTS 

9 IN CONNECTION WITH THE DEFENSE ENVI10 RONMENTAL RESTORATION PROGRAM. 

11 (a) PAYMENT FOR ACTIVITIES AT FORMER DEFENSE

12 PROPERTY SUBJECT TO COVENANT FOR ADDITIONAL RE13 MEDIAL ACTION.—Section 2701(d) of title 10, United 

14 States Code, is amended— 

15 (1) in paragraph (1), by striking ‘‘tribe,’’ both 

16 places it appears and inserting ‘‘tribe, owner of cov17 enant property,’’; 

18 (2) in paragraph (3)— 

19 (A) by striking ‘‘An agreement’’ and in20 serting ‘‘(A) An agreement’’; and 

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

22 subparagraph: 

23 ‘‘(B) An agreement under paragraph (1) 

24 may not change the cleanup standards applica25 ble to the site as established by law.’’; and 
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1 (3) in paragraph (4), by adding at the end the 

2 following new subparagraph: 

3 ‘‘(C) The term ‘owner of covenant prop4 erty’ means an owner of property subject to a 

5 covenant provided by the United States in ac6 cordance with the requirements of section 

7 120(h)(3) and (4) of CERCLA (42 U.S.C. 

8 9620(h)(3) and (4)): Provided, however, That 

9 the covenant property is also the site of the 

10 services to be performed.’’. 

11 (b) SOURCE OF FUNDS FOR FORMER BRAC PROP12 ERTY SUBJECT TO COVENANT FOR ADDITIONAL REME13 DIAL ACTION.—Section 2703 of such title is amended— 

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

15 source’’ and inserting ‘‘Except as provided in sub16 section (h), the sole source’’; and 

17 (2) by adding at the end the following new sub18 section: 

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

20 REMEDIATION AT CERTAIN BASE REALIGNMENT AND

21 CLOSURE SITES.—In the case of property disposed of pur22 suant to a base closure law and subject to a covenant de23 scribed in section 2701(d)(4)(C) of this title, the sole 

24 source of funds for services under subsection 2701(d)(1) 
24 

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1 shall be the base closure account established under the ap2 plicable base closure law.’’. 

3 SEC. 312. THE ENVIRONMENTAL QUALITY ANNUAL RE4 PORT. 

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

6 is amended— 

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

8 (F); and 

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

11 ‘‘(D) A statement of the amounts ex12 pended, and anticipated to be expended, during 

13 the period covered by the report for any activi14 ties overseas related to the environment, includ15 ing amounts for activities relating to environ16 mental remediation, compliance, conservation, 

17 and pollution prevention.’’. 

18 Subtitle C—Workplace and Depot 

19 Issues 

20 SEC. 321. RETENTION OF REIMBURSEMENT FOR PROVI21 SION OF RECIPROCAL FIRE PROTECTION 

22 SERVICES. 

23 Section 5 of the Act of May 27, 1955 (chapter 105; 

24 69 Stat. 67; 42 U.S.C. 1856d) is amended— 

25 (1) by inserting ‘‘(a)’’ after ‘‘SEC. 5.’’; and 
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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(b) Notwithstanding the provisions of sub4 section (a), all sums received by any Department of 

5 Defense activity for fire protection rendered pursu6 ant to this Act shall be credited to the appropria7 tion, fund, or account from which the expenses were 

8 paid. Amounts so credited shall be merged with 

9 funds in such appropriation, fund, or account and 

10 shall be available for the same purposes and subject 

11 to the same limitations as the funds with which 

12 merged.’’. 

13 SEC. 322. EXCEPTIONS TO PROHIBITION ON CONTRACTS 

14 FOR PERFORMANCE OF FIREFIGHTING OR 

15 SECURITY-GUARD FUNCTIONS. 

16 Section 2465(b) of title 10, United States Code, is 

17 amended by adding at the end the following new para18 graphs: 

19 ‘‘(5) A contract for the performance of security20 guard functions that the Secretary of Defense deter21 mines are, or otherwise would be, performed by 

22 members of the armed forces. 

23 ‘‘(6) A contract to be carried out at a closed 

24 military installation or facility.’’. 
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1 SEC. 323. FIELDING OF BALLISTIC MISSILE DEFENSE CAPA2 BILITIES. 

3 (a) AUTHORITY.—Funds described in subsection (b) 

4 may, upon approval by the Secretary of Defense, be used 

5 for the development and fielding of ballistic missile defense 

6 capabilities. 

7 (b) COVERED FUNDS.—Subsection (a) applies to 

8 funds appropriated for fiscal year 2006 or fiscal year 2007 

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

10 Missile Defense Agency. 

11 SEC. 324. EXPANSION OF FIRE PROTECTION SERVICES 

12 UNDER RECIPROCAL AGREEMENTS. 

13 Section (b) of the Act of May 27, 1955 (chapter 105; 

14 69 Stat. 66; 42 U.S.C. 1856(b)), is amended by inserting 

15 after ‘‘and fire fighting’’ the following: ‘‘as well as emer16 gency services including, but not limited to, basic and ad17 vanced life support, hazardous material containment and 

18 confinement, and special rescue events involving vehicular 

19 and water mishaps, and trench, building and confined 

20 space extractions’’. 

21 Subtitle D—Other Matters 

22 SEC. 331. TERMINATION OF THE NATIONAL SECURITY EDU23 CATION TRUST FUND. 

24 (a) TERMINATION OF FUND.—Not later than 90 days 

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

26 Defense shall— 
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1 (1) close the National Security Education Trust 

2 Fund established under section 804 of the David L. 

3 Boren National Security Education Act of 1991 

4 (Public Law 102–183; 50 U.S.C. 1904); and 

5 (2) transfer the amounts in the closed fund to 

6 the currently available appropriation for the Depart7 ment of Defense under the heading ‘‘Operation and 

8 Maintenance—Defense Wide’’ for use as specified in 

9 section 805(d) of such Act (50 U.S.C. 1905(d)) (as 

10 amended by subsection (b)(2) of this section). 

11 (b) CONFORMING AMENDMENTS AND REPEALS.— 

12 Title VIII of such Public Law 102–183 is amended— 

13 (1) in section 802(2) (50 U.S.C. 1902(a)(2)), 

14 by striking ‘‘for obligation out of the National Secu15 rity Education Trust Fund’’; 

16 (2) by amending section 805(d) (50 U.S.C. 

17 1905(d)) to read as follows: 

18 ‘‘(d) NECESSARY EXPENDITURES.—Expenditures 

19 necessary for awarding scholarships, fellowships, and 

20 grants in accordance with the provisions of this title and 

21 for properly allocable costs of the Federal Government for 

22 the administration of the program under this title shall 

23 be paid from funds available for the Operation and Main24 tenance of the Department of Defense.’’; 
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1 (3) in section 808 (50 U.S.C. 1908), by striking 

2 clause (2); and 

3 (4) by repealing sections 809 and 810 (50 

4 U.S.C. 1909 and 1910). 

5 TITLE IV—MILITARY 

6 PERSONNEL AUTHORIZATIONS 

7 Subtitle A—Active Forces 

8 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

9 The Armed Forces are authorized strengths for active 

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

11 (1) The Army, 482,400. 

12 (2) The Navy, 352,700. 

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

14 (4) The Air Force, 357,400. 

15 Subtitle B—Reserve Forces 

16 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

17 (a) IN GENERAL.—The Armed Forces are authorized 

18 strengths for Selected Reserve personnel of the reserve 

19 components as of September 30, 2006, as follows: 

20 (1) The Army National Guard of the United 

21 States, 350,000. 

22 (2) The Army Reserve, 205,000. 

23 (3) The Naval Reserve, 73,100. 

24 (4) The Marine Corps Reserve, 39,600. 
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1 (5) The Air National Guard of the United 

2 States, 106,800. 

3 (6) The Air Force Reserve, 74,000. 

4 (7) The Coast Guard Reserve, 10,000. 

5 (b) ADJUSTMENTS.—The end strengths prescribed by 

6 subsection (a) for the Selected Reserve of any reserve com7 ponent shall be proportionately reduced by— 

8 (1) the total authorized strength of units orga9 nized to serve as units of the Selected Reserve of 

10 such component which are on active duty (other 

11 than for training) at the end of the fiscal year; and 

12 (2) the total number of individual members not 

13 in units organized to serve as units of the Selected 

14 Reserve of such component who are on active duty 

15 (other than for training or for unsatisfactory partici16 pation in training) without their consent at the end 

17 of the fiscal year. 

18 Whenever such units or such individual members are re19 leased from active duty during any fiscal year, the end 

20 strength prescribed for such fiscal year for the Selected 

21 Reserve of such reserve component shall be increased pro22 portionately by the total authorized strengths of such 

23 units and by the total number of such individual members. 
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1 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

2 DUTY IN SUPPORT OF THE RESERVES. 

3 Within the end strengths prescribed in section 

4 411(a), the reserve components of the Armed Forces are 

5 authorized, as of September 30, 2006, the following num6 ber of Reserves to be serving on full-time active duty or 

7 full-time duty, in the case of members of the National 

8 Guard, for the purpose of organizing, administering, re9 cruiting, instructing, or training the reserve components: 

10 (1) The Army National Guard of the United 

11 States, 27,345. 

12 (2) The Army Reserve, 15,270. 

13 (3) The Naval Reserve, 13,392. 

14 (4) The Marine Corps Reserve, 2,261. 

15 (5) The Air National Guard of the United 

16 States, 13,089. 

17 (6) The Air Force Reserve, 2,290. 

18 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

19 (DUAL STATUS). 

20 The minimum number of military technicians (dual 

21 status) as of the last day of fiscal year 2006 for the re22 serve components of the Army and the Air Force (notwith23 standing section 129 of title 10, United States Code) shall 

24 be the following: 

25 (1) For the Army Reserve, 7,649. 
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1 (2) For the Army National Guard of the United 

2 States, 25,563. 

3 (3) For the Air Force Reserve, 9,852. 

4 (4) For the Air National Guard of the United 

5 States, 22,971. 

6 SEC. 414. FISCAL YEAR 2006 LIMITATION ON NUMBER OF 

7 NON-DUAL STATUS TECHNICIANS. 

8 (a) LIMITATIONS.—(1) Within the limitation pro9 vided in section 10217(c)(2) of title 10, United States 

10 Code, the number of non-dual status technicians employed 

11 by the National Guard as of September 30, 2006, may 

12 not exceed the following: 

13 (A) For the Army National Guard of the 

14 United States, 1,600. 

15 (B) For the Air National Guard of the United 

16 States, 350. 

17 (2) The number of non-dual status technicians em18 ployed by the Army Reserve as of September 30, 2006, 

19 may not exceed 695. 

20 (3) The number of non-dual status technicians em21 ployed by the Air Force Reserve as of September 30, 

22 2006, may not exceed 90. 

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

24 this section, the term ‘‘non-dual status technician’’ has the 
32 

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

2 United States Code. 

3 TITLE V—MILITARY PERSONNEL 

4 POLICY 

5 Subtitle A—Officer Personnel 

6 Policy 

7 SEC. 501. ELIMINATION OF FROCKING FOR OFFICERS 

8 ABOVE THE GRADE OF MAJOR GENERAL OR 

9 REAR ADMIRAL. 

10 (a) PROHIBITION AGAINST FROCKING.—Section 

11 777(a) of title 10, United States Code, is amended— 

12 (1) by striking ‘‘AUTHORITY.—An officer’’ and 

13 inserting ‘‘AUTHORITY.—(1) Except as provided in 

14 paragraph (2), an officer’’; and 

15 (2) by adding at the end the following new 

16 paragraph: 

17 ‘‘(2) No officer may be frocked to a grade above 

18 the grade of major general or, in the case of an offi19 cer of the Navy, rear admiral.’’. 

20 (b) OFFICERS EXCLUDED FROM GRADE DISTRIBU21 TION CALCULATIONS.—Section 525(d) of such title is 

22 amended to read as follows: 

23 ‘‘(d) An officer continuing to hold the grade of gen24 eral, admiral, lieutenant general, or vice admiral under 
33 

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1 paragraph (2), (3), or (4) of section 601(b) shall not be 

2 counted for purposes of this section.’’. 

3 (c) APPOINTMENTS TO POSITIONS OF IMPORTANCE

4 AND RESPONSIBILITY.—Section 601 of such title is 

5 amended— 

6 (1) in subsection (a), by inserting after the 

7 third sentence the following new sentence: ‘‘An offi8 cer assigned to a position of importance and respon9 sibility under this section shall be promoted to the 

10 grade specified for that position on the date he be11 gins serving in that position.’’; 

12 (2) in subsection (b), by inserting before the 

13 semicolon at the end of paragraph (2) the following: 

14 ‘‘, except that the period authorized for transition to 

15 the second position may not exceed 30 days unless 

16 a longer period is required by military necessity as 

17 determined by the Secretary of Defense or his des18 ignee after consultation with the Chairman or Vice 

19 Chairman of the Joint Chiefs of Staff’’; and 

20 (3) by adding at the end the following new sub21 section: 

22 ‘‘(e) If the Secretary of Defense approves a transition 

23 period of more than 30 days under subsection (b)(2), the 

24 Secretary shall notify the Committee on Armed Services 

25 of the Senate and the Committee on Armed Services of 
34 

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1 the House of Representatives of his decision at the same 

2 time that he notifies the Secretary concerned. If a transi3 tion period exceeds 30 days without the approval of the 

4 Secretary of Defense or his designee, the officer moving 

5 to a new position shall revert to his permanent grade effec6 tive on the thirty-first day after leaving a position des7 ignated under subsection (a).’’. 

8 SEC. 502. AUTHORIZED STRENGTH: GENERAL AND FLAG 

9 OFFICERS ON ACTIVE DUTY. 

10 Section 526(b)(2)(A) of title 10, United States Code, 

11 is amended to read as follows: 

12 ‘‘(A) The Chairman of the Joint Chiefs of Staff may 

13 designate up to 11 general and flag officer positions on 

14 the staffs of the commanders of the combatant commands, 

15 and the Joint Staff, as positions to be held only by reserve 

16 component officers who are in a general or flag officer 

17 grade below lieutenant general or vice admiral. Each posi18 tion so designated shall be considered to be a joint duty 

19 assignment position for purposes of chapter 38 of this 

20 title.’’. 
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1 Subtitle B—Reserve Component 

2 Personnel Matters 

3 SEC. 511. ELIMINATE LIMITATION ON AMOUNT OF ROTC 

4 SCHOLARSHIP FINANCIAL ASSISTANCE. 

5 (a) IN GENERAL.—Section 2107(c) of title 10, 

6 United States Code, is amended— 

7 (1) by striking paragraph (4); and 

8 (2) in paragraph (5)(B), by striking ‘‘, (3), or 

9 (4)’’ and inserting ‘‘or (3)’’. 

10 (b) ARMY RESERVE OR ARMY NATIONAL GUARD.— 

11 Section 2107a(c) of such title is amended by striking para12 graph (3). 

13 SEC. 512. MODIFICATIONS TO RESERVE EDUCATIONAL 

14 BENEFIT FOR CERTAIN ACTIVE SERVICE. 

15 (a) ELIGIBILITY CRITERIA.—Section 16163(a) of 

16 title 10, United States Code, is amended by striking ‘‘On 

17 or after September 11, 2001, a member of a reserve com18 ponent’’ and inserting ‘‘A member of a reserve component 

19 who commenced active service described in paragraphs (1) 

20 or (2) on or after September 11, 2001’’. 

21 (b) ELECTION OF BENEFIT.—Subsection (e) of such 

22 section is amended by striking ‘‘Secretary concerned’’ and 

23 inserting ‘‘Secretary of Veterans Affairs’’. 

24 (c) EXCEPTION TO IMMEDIATE TERMINATION OF AS25 SISTANCE.—Section 16165 of such title is amended— 
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1 (1) by striking ‘‘Educational assistance’’ and 

2 inserting ‘‘(a) Except as provided in subsection (b), 

3 educational assistance’’; and 

4 (2) by adding at the end the following new sub5 section: 

6 ‘‘(b) Under regulations prescribed by the Secretary 

7 of Defense, educational assistance may be provided under 

8 this chapter to a member of the Selected Reserve when 

9 the member incurs a break in service in the Selected Re10 serve of not more than 90 days, provided the member con11 tinues to serve in the Ready Reserve.’’. 

12 SEC. 513. REVISION OF BONUS FOR ENLISTED MEMBERS TO 

13 SERVE IN THE SELECTED RESERVE. 

14 (a) IN GENERAL.—Section 308c of title 37, United 

15 States Code, is amended to read as follows: 

16 ‘‘§ 308c. Special pay: bonus for affiliation or enlist17 ment in the Selected Reserve 

18 ‘‘(a) BONUS AUTHORIZATION.—Under regulations 

19 prescribed by the Secretary of Defense, the Secretary con20 cerned may pay— 

21 ‘‘(1) an affiliation bonus to an enlisted member 

22 of an armed force who has completed fewer than 20 

23 total years of military service and executes a written 

24 agreement to serve in the Selected Reserve of a re25 serve component for a period of not less than three 
37 

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1 years in a skill, unit or pay grade designated under 

2 subsection (b) after being discharged or released 

3 from active duty under honorable conditions; and 

4 ‘‘(2) an accession bonus to a person who has 

5 not previously served in the armed forces and who 

6 executes a written agreement to serve as an enlisted 

7 member in the Selected Reserve of a reserve compo8 nent for a period of not less than three years, upon 

9 acceptance of the agreement by the Secretary con10 cerned. 

11 ‘‘(b) DESIGNATION OF CRITICAL SHORTAGES.—The 

12 Secretary concerned shall designate the critical skills, 

13 units and pay grade shortages for the purposes of sub14 section (a)(1). 

15 ‘‘(c) LIMITATION ON AMOUNT OF BONUS.—The 

16 amount of a bonus under subsection (a) may not exceed 

17 $10,000. 

18 ‘‘(d) PAYMENT METHOD.—Upon acceptance of a 

19 written agreement by the Secretary concerned, the total 

20 amount of the bonus payable under the agreement be21 comes fixed. The agreement shall specify whether the 

22 bonus shall be paid by the Secretary in a lump sum or 

23 in installments. 

24 ‘‘(e) REPAYMENT FOR FAILURE TO COMMENCE OR

25 COMPLETE OBLIGATED SERVICE.—(1) An individual who, 
38 

•HR 1815 IH 

1 after receiving all or part of the bonus under an agreement 

2 referred to in subsection (a), does not commence to serve 

3 in the Selected Reserve or does not satisfactorily partici4 pate in the Selected Reserve for the total period of service 

5 specified in the agreement shall repay to the United States 

6 such compensation or benefit, except under conditions es7 tablished by the Secretary concerned. 

8 ‘‘(2) The Secretary concerned shall set forth whether 

9 repayment is required in whole or in part, the method for 

10 computing the amount of the repayment, and the condi11 tions under which an exception to the required repayment 

12 would apply. 

13 ‘‘(3) An obligation to repay the United States im14 posed under paragraph (1) is for all purposes a debt owed 

15 to the United States. A discharge in bankruptcy under 

16 title 11 that is entered less than five years after the termi17 nation of an agreement entered into under subsection (a) 

18 does not discharge the individual signing the agreement 

19 from a debt arising under such agreement or under para20 graph (1). 

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, dur24 ing that period of active duty, any amount of the bonus 
39 

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1 that becomes payable to the member during that period 

2 of active duty. 

3 ‘‘(g) TERMINATION OF BONUS AUTHORITY.—No 

4 bonus may be paid under this section with respect to any 

5 agreement, reenlistment, or voluntary extension of an en6 listment, in the armed forces entered into after December 

7 31, 2006.’’. 

8 (b) CLERICAL AND CONFORMING AMENDMENTS.— 

9 (1) Section 308e of such title is repealed. 

10 (2) The table of sections at the beginning of chapter 

11 5 of such title is amended— 

12 (A) by striking the item relating to section 308c 

13 and inserting the following new item: 

‘‘308c. Special pay: bonus for affiliation or enlistment in the Selected Reserve.’’; 

14 and 

15 (B) by striking the item relating to section 

16 308e. 

17 SEC. 514. RETENTION INCENTIVE FOR MEMBERS OF THE 

18 SELECTED RESERVE QUALIFIED IN A CRIT19 ICAL MILITARY SKILL OR UNIT. 

20 (a) BONUS AUTHORITY.—Chapter 5 of title 37, 

21 United States Code, is amended by inserting after section 

22 308j the following new section: 
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1 ‘‘§ 308k. Special pay: retention incentive for members 

2 of the Selected Reserve qualified in a 

3 critical military skill or unit 

4 ‘‘(a) RETENTION BONUS AUTHORIZED.—An eligible 

5 officer or enlisted member of the armed forces may be paid 

6 a retention bonus as provided in this section if— 

7 ‘‘(1) in the case of an officer or warrant officer, 

8 the member executes a written agreement to remain 

9 in the Selected Reserve for at least two years; 

10 ‘‘(2) in the case of an enlisted member, the 

11 member reenlists or voluntarily extends the mem12 ber’s enlistment in the Selected Reserve for a period 

13 of at least two years; or 

14 ‘‘(3) in the case of an enlisted member serving 

15 on an indefinite reenlistment, the member executes 

16 a written agreement to remain in the Selected Re17 serve for at least two years. 

18 ‘‘(b) ELIGIBILITY REQUIREMENTS.—An officer or 

19 enlisted member is eligible for a retention bonus under this 

20 section if the member— 

21 ‘‘(1) is qualified in a designated critical military 

22 skill or unit; or 

23 ‘‘(2) agrees to train or retrain in a specialty 

24 skill designated as critical. 

25 ‘‘(c) DESIGNATION OF CRITICAL SHORTAGES.—The 

26 Secretary of Defense, or the Secretary of Homeland Secu-
41 

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1 rity with respect to the Coast Guard when it is not oper2 ating as a service in the Navy, shall designate the critical 

3 skills and units for the purposes of subsection (b). 

4 ‘‘(d) CERTAIN MEMBERS INELIGIBLE.—A retention 

5 bonus may not be provided under subsection (a) to a mem6 ber of the armed forces who— 

7 ‘‘(1) has completed more than 25 years of 

8 qualifying service under section 12732 of title 10; or 

9 ‘‘(2) will complete the member’s twenty-fifth 

10 year of qualifying service under section 12732 of 

11 title 10 before the end of the period of service for 

12 which the bonus is being offered. 

13 ‘‘(e) PAYMENT METHODS.—(1) A bonus under this 

14 section may be paid in a single lump sum or in periodic 

15 installments. 

16 (2) In the case of a member who agrees to train or 

17 retrain in a specialty skill designated as critical under sub18 section (b)(2), no payment may be made until the member 

19 successfully completes the training or retraining and is 

20 qualified in the skill. 

21 ‘‘(f) MAXIMUM BONUS AMOUNT.—A member may 

22 enter into an agreement under this section, or reenlist or 

23 voluntarily extend the member’s enlistment, more than 

24 once to receive a bonus under this section. However, a 
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1 member may not receive a total of more than $100,000 

2 in payments under this section. 

3 ‘‘(g) RELATIONSHIP TO OTHER INCENTIVES.—A re4 tention bonus paid under this section is in addition to any 

5 other pay and allowances to which a member is entitled. 

6 ‘‘(h) REPAYMENT FOR FAILURE TO COMMENCE OR

7 COMPLETE OBLIGATED SERVICE.—(1) An individual who, 

8 after receiving all or part of the bonus under an agreement 

9 referred to in subsection (a), does not commence to serve 

10 in the Selected Reserve or does not satisfactorily partici11 pate in the Selected Reserve for the total period of service 

12 specified in the agreement shall repay to the United States 

13 such compensation or benefit, except under conditions es14 tablished by the Secretary concerned. 

15 ‘‘(2) The Secretary concerned shall set forth whether 

16 repayment is required in whole or in part, the method for 

17 computing the amount of the repayment, and the condi18 tions under which an exception to the required repayment 

19 would apply. 

20 ‘‘(3) An obligation to repay the United States im21 posed under paragraph (1) is for all purposes a debt owed 

22 to the United States. A discharge in bankruptcy under 

23 title 11 that is entered less than five years after the termi24 nation of an agreement entered into under subsection (a) 

25 does not discharge the individual signing the agreement 
43 

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1 from a debt arising under such agreement or under para2 graph (1). 

3 ‘‘(i) REGULATIONS.—This section shall be adminis4 tered under regulations prescribed by the Secretary of De5 fense for the armed forces under his jurisdiction and by 

6 the Secretary of Homeland Security for the Coast Guard 

7 when it is not operating as a service in the Navy. 

8 ‘‘(j) TERMINATION OF BONUS AUTHORITY.—No 

9 bonus may be paid under this section with respect to any 

10 agreement, reenlistment, or voluntary extension of an en11 listment in the armed forces entered into after December 

12 31, 2006, and no agreement under this section may be 

13 entered into after that date.’’. 

14 (b) CONFORMING AND CLERICAL AMENDMENTS.— 

15 (1) Sections 308d and 308h of such title are repealed. 

16 (2) The table of sections at the beginning of chapter 

17 5 of such title is amended— 

18 (A) by striking the items relating to sections 

19 308d and 308h; and 

20 (B) by inserting after the item relating to sec21 tion 308j the following new item: 

‘‘308k. Special pay: retention incentive for members of the Selected Reserve 

qualified in a critical military skill.’’. 
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1 SEC. 515. UNIFORM AUTHORITY FOR RESERVE GENERAL 

2 OFFICER AGE DEFERMENTS. 

3 (a) IN GENERAL.—Section 14512 of title 10, United 

4 States Code, is amended— 

5 (1) by striking paragraph (a); and 

6 (2) in paragraph (b)— 

7 (A) by striking ‘‘(b) NAVY AND MARINE

8 CORPS.—’’; 

9 (B) by striking ‘‘Secretary of the Navy’’ 

10 and inserting ‘‘Secretary concerned’’; 

11 (C) by striking ‘‘Marine Corps’’ in the first 

12 sentence and inserting ‘‘Marine Corps, Army or 

13 Air Force’’; and 

14 (D) by amending the second sentence to 

15 read as follows: ‘‘The Secretary concerned may 

16 not defer more than 10 officers at any one 

17 time.’’. 

18 (b) CLERICAL AMENDMENTS.—(1) The heading of 

19 such section is amended to read as follows: 

20 ‘‘§ 14512. Separation at age 64’’. 

21 (2) The table of sections at the beginning of chapter 

22 1407 of such title is amended by striking the item relating 

23 to section 14512 and inserting the following new item: 

‘‘14512. Separation at age 64.’’. 
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1 SEC. 516. EXPANDED USE OF RESERVE COMPONENT MEM2 BERS TO PERFORM DEVELOPMENTAL AND 

3 OPERATIONAL TESTING AND NEW EQUIP4 MENT TRAINING. 

5 (a) REIMBURSEMENT.—The Secretary of the Army 

6 may transfer from funds available to support an acquisi7 tion program in the amount necessary to reimburse the 

8 appropriate reserve component military personnel account 

9 for costs charged to that account for military pay and al10 lowances in connection with the demonstration program 

11 described in subsection (b). 

12 (b) DEMONSTRATION PROGRAM.—(1) A demonstra13 tion program under this section shall evaluate— 

14 (A) cost savings and other benefits that may re15 sult from the use of members of the reserve compo16 nents to perform test, evaluation, and related activi17 ties for an acquisition program, rather than the use 

18 of contractor personnel for such purposes; and 

19 (B) the use of appropriations available for 

20 multi-year research, development, testing and eval21 uation and procurement to reimburse reserve compo22 nents for the pay, allowances, and expenses incurred 

23 when such members perform duties to conduct ac24 quisition, logistics, and new equipment training ac25 tivities in connection with the demonstration pro26 gram. 
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1 (2) Nothing in this section authorizes a deviation 

2 from established Reserve and National Guard personnel 

3 and training procedures. 

4 (c) LIMITATION ON AMOUNT.—Not more than 

5 $10,000,000 may be transferred under this section during 

6 each year of the demonstration program. 

7 (d) MERGER OF TRANSFERRED FUNDS.—Funds 

8 transferred to an account under this section shall be 

9 merged with other sums in the account and shall be avail10 able for the same period and purposes as the sums with 

11 which merged. 

12 (e) RELATIONSHIP TO OTHER TRANSFER AUTHOR13 ITY.—The transfer authority under this section is in addi14 tion to any other transfer authority. 

15 (f) TERMINATION.—The demonstration program 

16 under this section shall terminate on September 30, 2010. 

17 Subtitle C—Joint Officer Manage18 ment and Professional Military 

19 Education 

20 SEC. 521. NEW MISSION STATEMENT AND EXPANDED ELIGI21 BILITY FOR ENLISTED PERSONNEL AT THE 

22 NAVAL POSTGRADUATE SCHOOL. 

23 (a) COMBAT RELATED FOCUS OF THE NAVAL POST24 GRADUATE SCHOOL.—(1) Section 7041 of title 10, United 

25 States Code, is amended to read as follows: 
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1 § 7041. Function 

2 ‘‘There is a United States Naval Postgraduate School 

3 that provides advanced instruction, and technical and pro4 fessional education to commissioned officers of the naval 

5 service to enhance combat effectiveness and our national 

6 security.’’. 

7 (2) Paragraph (1) of section 7042(b) of such title is 

8 amended by striking ‘‘advanced instruction and technical 

9 education’’ and inserting ‘‘advanced instruction, and tech10 nical and professional education’’. 

11 (b) EXPANDED ELIGIBILITY FOR ENLISTED PER12 SONNEL.—Paragraph (2) of section 7045(a) of such title 

13 is amended— 

14 (1) by redesignating subparagraph (C) as sub15 paragraph (D); 

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

18 ‘‘(C) The Secretary may permit an eligible 

19 member of the armed forces to receive instruc20 tion from the Postgraduate School in certificate 

21 programs and courses required for the perform22 ance of their duties.’’; and 

23 (3) in subparagraph (D), as redesignated by 

24 paragraph (1), by striking ‘‘(A) and (B)’’ and insert25 ing ‘‘(A) through (C)’’. 
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1 (c) REIMBURSEMENT OF COSTS.—Paragraph (2) of 

2 section 7045(b) of such title is amended by striking 

3 ‘‘(a)(2)(C)’’ and inserting ‘‘(a)(2)(D)’’. 

4 (d) GRADUATE DEGREE PILOT PROGRAM.—(1) 

5 Chapter 605 of such title is amended by adding at the 

6 end the following new section: 

7 ‘‘§ 7050. Graduate degree pilot program for en8 listed members 

9 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary 

10 of the Navy may establish a pilot program to assess 

11 whether graduate degrees can increase the proficiency of 

12 enlisted members in selected operational, staff and head13 quarters level positions. 

14 ‘‘(b) ADMISSION.—The Secretary may permit eligible 

15 enlisted members to receive graduate level instruction at 

16 the Naval Postgraduate School on a space-available basis 

17 in programs leading to a master’s degree in technical, ana18 lytical, and engineering curricula. 

19 ‘‘(c) ELIGIBILITY.—(1) No more than ten eligible en20 listed members may be admitted under this program in 

21 an academic year. 

22 ‘‘(2) To be eligible for instruction under this section, 

23 the enlisted member must have been awarded a bacca24 laureate degree by an institution of higher education. 
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1 ‘‘(d) AWARD OF A MASTER’S DEGREE.—Upon suc2 cessful completion of the course of instruction in which 

3 the enlisted member was enrolled, the member may be 

4 awarded a master’s degree under section 7048 of this title. 

5 ‘‘(e) EVALUATION OF PROGRAM.—Before the start of 

6 the seventh academic year of instruction, the Secretary 

7 shall evaluate the effectiveness of the program. 

8 ‘‘(f) EXPIRATION DATE.—No new participants may 

9 be enrolled in this program after the conclusion of the sev10 enth academic year of instruction.’’. 

11 (2) The table of sections at the beginning of such 

12 chapter is amended by adding at the end the following 

13 new item: 

‘‘7050. Graduate degree pilot program for enlisted members.’’. 

14 Subtitle D—Military Service 

15 Academies 

16 SEC. 531. PAY INCREASE FOR PERMANENT MILITARY PRO17 FESSORS AT THE UNITED STATES NAVAL 

18 ACADEMY WITH OVER 36 YEARS OF SERVICE. 

19 Section 203(b) of title 37, United States Code, is 

20 amended by striking ‘‘at the United States Military Acad21 emy or the United States Air Force Academy’’ and insert22 ing ‘‘at the United States Military Academy, the United 

23 States Air Force Academy or the United States Naval 

24 Academy,’’. 
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1 SEC. 532. AUTHORITY TO RETAIN PERMANENT PROFES2 SORS AT THE NAVAL ACADEMY FOR MORE 

3 THAN THIRTY YEARS. 

4 (a) WAIVER OF TIME LIMITS.—Paragraph (2) of sec5 tion 641 of title 10, United States Code, is amended to 

6 read as follows: 

7 ‘‘(2) The director of admissions, dean, and perma8 nent professors at the United States Military Academy; 

9 the registrar, dean, and permanent professors at the 

10 United States Air Force Academy; and, for the purposes 

11 of sections 633 and 634 only, permanent professors at the 

12 United States Naval Academy.’’. 

13 (b) RETENTION OF PERMANENT PROFESSORS BE14 YOND THIRTY YEARS.—(1) Chapter 603 of such title is 

15 amended by adding at the end the following new section: 

16 ‘‘§ 6979. Retention of permanent professors at the 

17 United States Naval Academy. 

18 ‘‘(a) RETIREMENT FOR YEARS OF SERVICE.—(1) Ex19 cept as provided in subsection (b), an officer serving as 

20 a permanent professor at the Naval Academy in the grade 

21 of commander, who is not on a list of officers rec22 ommended for promotion to the grade of captain, shall, 

23 if not earlier retired, be retired on the first day of the 

24 month after the month in which he completes 28 years 

25 of active commissioned service. 
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1 ‘‘(2) Except as provided in subsection (b), an officer 

2 serving as a permanent professor at the Naval Academy 

3 in the grade of captain, who is not on a list of officers 

4 recommended for promotion to the grade of rear admiral 

5 (lower half), shall, if not earlier retired, be retired on the 

6 first day of the month after the month in which he com7 pletes 30 years of active commissioned service. 

8 ‘‘(b) CONTINUATION ON ACTIVE DUTY.—(1) An offi9 cer subject to retirement under subsection (a) may be con10 tinued on active duty by the Secretary of the Navy— 

11 ‘‘(A) upon the recommendation of the Super12 intendent of the Naval Academy; and 

13 ‘‘(B) with the concurrence of the Chief of Naval 

14 Operations. 

15 ‘‘(2) The Secretary of the Navy shall determine the 

16 period of continuation on active duty under this section. 

17 ‘‘(c) ELIGIBILITY FOR PROMOTION.—A permanent 

18 professor at the Naval Academy who has been retained 

19 on active duty as a permanent professor after more than 

20 28 years of active commissioned service in the grade of 

21 commander remains eligible for consideration for pro22 motion to the grade of captain.’’. 

23 (2) The table of sections at the beginning of such 

24 chapter is amended by adding at the end the following 

25 new item: 
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‘‘6979. Retention of permanent professors at the United States Naval Academy.’’. 

1 Subtitle E—Other Education and 

2 Training Matters 

3 SEC. 541. INCREASE ROTC SCHOLARSHIP LIMIT. 

4 Section 2107a(h) of title 10, United States Code, is 

5 amended by striking ‘‘208’’ and inserting ‘‘416’’. 

6 SEC. 542. CLARIFICATION OF RESTRICTION ON COMPENSA7 TION FOR CORRESPONDENCE COURSES. 

8 Paragraph (1) of section 206(d) of title 37, United 

9 States Code, is amended by inserting ‘‘a member of the 

10 National Guard or’’ after ‘‘performed by’’. 

11 Subtitle F—Military Justice 

12 Matters 

13 SEC. 551. ADMINISTRATIVE SESSIONS OF COURTS-MAR14 TIAL. 

15 Section 839(a) of title 10, United States Code (article 

16 39 of the Uniform Code of Military Justice), is amended 

17 by adding at the end the following new sentence: ‘‘If per18 mitted by regulations of the Secretary concerned, and if 

19 the accused has a counsel physically present at his loca20 tion, these proceedings may be conducted by the use of 

21 video-teleconferencing or similar technology.’’. 
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1 SEC. 552. UNLIMITED PERIOD FOR PROSECUTION OF MUR2 DER AND RAPE; EXTENDED PERIOD FOR 

3 PROSECUTION OF CHILD ABUSE CASES IN 

4 COURTS-MARTIAL. 

5 Section 843 of title 10, United States Code (article 

6 43 of the Uniform Code of Military Justice), is amended— 

7 (1) in subsection (a), by inserting ‘‘, murder, 

8 rape’’ after ‘‘in a time of war’’; and 

9 (2) in subsection (b)(2)— 

10 (A) in subparagraph (A), by striking ‘‘be11 fore the child attains the age of 25 years’’ and 

12 inserting ‘‘during the life of the victim or within 

13 five years from the date of the offense, which14 ever is greater,’’; 

15 (B) in subparagraph (B)— 

16 (i) by striking ‘‘sexual or physical’’; 

17 (ii) in clause (i), by striking ‘‘Rape or 

18 carnal’’ and inserting ‘‘Carnal’’; and 

19 (iii) in clause (v), by striking ‘‘Inde20 cent assault,’’ and inserting ‘‘Kidnapping; 

21 indecent assault;’’; and 

22 (C) by adding at the end the following new 

23 subparagraph: 

24 ‘‘(C) In subparagraph (A), the term ‘child 

25 abuse offense’ includes an act that involves 

26 abuse of a person who has not attained the age 
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1 of 18 years and would constitute an offense 

2 under chapters 110 or 117 or section 1591 of 

3 title 18.’’. 

4 SEC. 553. AMENDING OFFENSE OF RAPE UNDER THE UNI5 FORM CODE OF MILITARY JUSTICE; ELIMI6 NATION OF MISTAKE OF AGE DEFENSE IN 

7 CARNAL KNOWLEDGE OF CHILD CASES. 

8 (a) RAPE.—Section 920(a) of title 10, United States 

9 Code (article 120 of the Uniform Code of Military Jus10 tice), is amended by striking ‘‘, by force and without con11 sent,’’ and inserting ‘‘by force’’. 

12 (b) MISTAKE OF AGE DEFENSE.—Section 920 of 

13 such title is further amended by striking subsection (d). 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect 12 months after the date of 

16 the enactment of this Act and apply with respect to of17 fenses committed after such effective date. 

18 SEC. 554. ESTABLISHING THE OFFENSE OF STALKING 

19 UNDER THE UNIFORM CODE OF MILITARY 

20 JUSTICE. 

21 (a) IN GENERAL.—(1) Subchapter X of chapter 47 

22 of title 10, United States Code (the Uniform Code of Mili23 tary Justice), is amended by inserting after section 893 

24 (article 93) the following new section: 
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1 ‘‘§ 893a. Art. 93a. Stalking 

2 ‘‘(a) Any person subject to this chapter— 

3 ‘‘(1) who wrongfully engages in a course of con4 duct directed at a specific person that would cause 

5 a reasonable person to fear death or bodily harm, in6 cluding sexual assault, to himself or herself or a 

7 member of his or her immediate family; 

8 ‘‘(2) who has knowledge or should have knowl9 edge that the specific person will be placed in rea10 sonable fear of death or bodily harm, including sex11 ual assault, to himself or herself or a member of his 

12 or her immediate family; and 

13 ‘‘(3) whose acts induce reasonable fear in the 

14 specific person of death or bodily harm, including 

15 sexual assault, to himself or herself or to a member 

16 of his or her immediate family, is guilty of stalking. 

17 ‘‘(b) Any person found guilty of stalking shall be pun18 ished as a court-martial may direct. 

19 ‘‘(c) For purposes of this section: 

20 ‘‘(1) The term ‘course of conduct’ means re21 peatedly maintaining a visual or physical proximity 

22 to a specific person, or repeatedly conveying verbal 

23 or written threats, or threats implied by conduct or 

24 a combination thereof directed at or toward a spe25 cific person. 
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1 ‘‘(2) The term ‘repeatedly’ means on two or 

2 more occasions. 

3 ‘‘(3) The term ‘immediate family’ means a 

4 spouse, parent, child, sibling, or any other family 

5 member or relative who regularly resides in the 

6 household or who within the prior six months regu7 larly resided in the household.’’. 

8 (2) The table of sections at the beginning of such sub9 chapter is amended by inserting after the item relating 

10 to section 893 the following new item: 

‘‘893a. Art. 93a. Stalking.’’. 

11 (b) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect 12 months after the date of 

13 the enactment of this Act and apply with respect to of14 fenses committed after such effective date. 

15 SEC. 555. AMENDING OFFENSE OF SODOMY UNDER THE 

16 UNIFORM CODE OF MILITARY JUSTICE. 

17 (a) FORCIBLE SODOMY AND SODOMY OF A CHILD.— 

18 (1) Section 925 of title 10, United States Code (article 

19 125 of the Uniform Code of Military Justice), is amended 

20 to read as follows: 

21 ‘‘§ 925. Art. 125. Forcible sodomy and sodomy of a 

22 child 

23 ‘‘(a) Any person subject to this chapter who engages 

24 in unnatural carnal copulation by force with another per25 son is guilty of forcible sodomy. Any person found guilty 
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1 of forcible sodomy shall be punished as a court-martial 

2 may direct. 

3 ‘‘(b) Any person subject to this chapter who, under 

4 circumstances not amounting to forcible sodomy, commits 

5 an act of unnatural carnal copulation with a person— 

6 ‘‘(1) who is not his or her spouse; and 

7 ‘‘(2) who has not attained the age of sixteen 

8 years; 

9 is guilty of sodomy of a child and shall be punished as 

10 a court-martial may direct. 

11 ‘‘(c) Penetration, however slight, is sufficient to com12 plete either of these offenses.’’. 

13 (2) The table of sections at the beginning of sub14 chapter X of chapter 47 of such title is amended by strik15 ing the item relating to section 925 and inserting the fol16 lowing new item: 

‘‘925. Art. 125. Forcible sodomy and sodomy of a child.’’. 

17 (b) EFFECTIVE DATE.—The amendments made by 

18 this section shall take effect 12 months after the date of 

19 the enactment of this Act and apply with respect to of20 fenses committed after such effective date. 
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1 Subtitle G—Management and 

2 Administrative Matters 

3 SEC. 561. CLARIFICATION OF AUTHORITY OF MILITARY 

4 LEGAL ASSISTANCE COUNSEL TO PROVIDE 

5 MILITARY LEGAL ASSISTANCE WITHOUT RE6 GARD TO LICENSING REQUIREMENTS. 

7 Section 1044 of title 10, United States Code, is 

8 amended by adding at the end the following new sub9 section: 

10 ‘‘(e)(1) Notwithstanding any law regarding the licen11 sure of attorneys, a judge advocate or civilian attorney 

12 who is authorized to provide military legal assistance is 

13 authorized to provide that assistance in any jurisdiction, 

14 subject to such regulations as may be prescribed by the 

15 Secretary concerned. 

16 ‘‘(2) In this subsection, the term ‘military legal as17 sistance’ includes— 

18 ‘‘(A) legal assistance provided under this sec19 tion; and 

20 ‘‘(B) legal assistance contemplated by sections 

21 1044a, 1044b, 1044c, and 1044d of this title.’’. 
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1 Subtitle H—Other Matters 

2 SEC. 571. UNIFORM ENLISTMENT PRACTICES OF THE 

3 ARMED FORCES. 

4 (a) REPEAL OF EXISTING LAW.—Sections 3253 and 

5 8253 of title 10, United States Code, are repealed. 

6 (b) UNIFORM PROHIBITION.—Section 504 of such 

7 title is amended— 

8 (1) by inserting ‘‘(a)’’ at the beginning of the 

9 text; and 

10 (2) by adding at the end the following new sub11 section: 

12 ‘‘(b) No person may be enlisted in any armed force 

13 unless he is a national of the United States as defined 

14 in section 101(a)(22) of the Immigration and Nationality 

15 Act (8 U.S.C. 1101(a)(22)), an alien who is lawfully ad16 mitted for permanent residence as defined in section 

17 101(a)(20) of the Immigration and Nationality Act (8 

18 U.S.C. 1101(a)(20)), or a person described in section 341 

19 of the Compact of Free Association with the Federated 

20 States of Micronesia, the Republic of the Marshall Islands, 

21 or Palau (section 201(a) of Public Law 108–188 (117 

22 Stat. 2784, 48 U.S.C. 1921 note), section 201(b) of Public 

23 Law 108–188 (117 Stat. 2823, 48 U.S.C. 1921 note), and 

24 section 201 of Public Law 99–658 (100 Stat. 3678, 48 

25 U.S.C. 1681 note), respectively). However, the Secretary 
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1 concerned may authorize exceptions when the Secretary 

2 determines that such enlistment is vital to the national 

3 interest.’’. 

4 SEC. 572. INCREASE IN PERCENTAGE LIMITS ON REDUC5 TION OF TIME IN GRADE REQUIREMENTS 

6 FOR RETENTION OF GRADE UPON VOL7 UNTARY RETIREMENT. 

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

9 is amended by adding at the end the following new sub10 paragraph: 

11 ‘‘(F) Notwithstanding subparagraph (E), and during 

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

13 September 30, 2010, the number of active-duty lieutenant 

14 colonels or (in the case of the Navy) commanders in one 

15 of the armed forces for whom a service-in-grade reduction 

16 is made under this section in any fiscal year may not ex17 ceed four percent of the authorized active-duty strength 

18 for that fiscal year for officers of that armed force in that 

19 grade, and the number of active-duty colonels or (in the 

20 case of the Navy) captains in one of the armed forces for 

21 whom a service-in-grade reduction is made under this sec22 tion in any fiscal year may not exceed four percent of the 

23 authorized active-duty strength for that fiscal year for of24 ficers of that armed force in that grade.’’. 
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1 SEC. 573. CONSOLIDATING FROCKING LIMITS. 

2 Section 777(d) of title 10, United States Code, is 

3 amended— 

4 (1) by striking paragraphs (1) and (2) and in5 serting the following new paragraph (1): 

6 ‘‘(1) The total number of brigadier generals, 

7 rear admirals (lower half), major generals and rear 

8 admirals on the active-duty list who are authorized 

9 as described in subsection (a) to wear the insignia 

10 for the grade of brigadier general, rear admiral 

11 (lower half), major general or rear admiral, as the 

12 case may be, may not exceed 85.’’; and 

13 (2) by redesignating paragraph (3) as para14 graph (2). 

15 SEC. 574. RECEIPT OF STATUTORY SELECTION BOARD COR16 RESPONDENCE. 

17 (a) OFFICERS ON THE ACTIVE-DUTY LIST.—Section 

18 614(b) of title 10, United States Code, is amended by in19 serting ‘‘11:59 PM on the date prior to’’ after ‘‘not later 

20 than’’. 

21 (b) OFFICERS ON THE RESERVE ACTIVE-STATUS

22 LIST.—Section 14106 of such title is amended by insert23 ing ‘‘11:59 PM on the date prior to’’ after ‘‘not later 

24 than’’. 
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1 SEC. 575. MILITARY PERSONNEL DEMONSTRATION 

2 PROJECTS. 

3 (a) IN GENERAL.—Chapter 3 of title 10, United 

4 States Code, is amended by inserting after section 129c 

5 the following new section: 

6 ‘‘§ 129d. Military personnel demonstration projects 

7 ‘‘(a) AUTHORITY.—As provided in this section, the 

8 Secretary of Defense, in consultation with the Director of 

9 the Office of Management and Budget, may conduct and 

10 evaluate demonstration projects regarding foreign area of11 ficers, surface warfare officers and the special operation 

12 forces within the military personnel system. Subject to the 

13 provisions of this section, this authority shall not be lim14 ited by any lack of specific authority under this title or 

15 title 37 to take the action contemplated, or by any provi16 sion of this title, title 37 or any rule or regulation pre17 scribed under those titles which is inconsistent with the 

18 action, including any law or regulation relating to the 

19 methods of— 

20 ‘‘(1) establishing qualification requirements for, 

21 recruitment for, and appointment to positions; 

22 ‘‘(2) determining requirements and compen23 sating personnel; 

24 ‘‘(3) assigning, reassigning, separating or pro25 moting personnel; 
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1 ‘‘(4) providing incentives to personnel, including 

2 the provision of group or individual incentive bo3 nuses or pay; 

4 ‘‘(5) involving military members in personnel 

5 decisions; and 

6 ‘‘(6) reducing requirements. 

7 ‘‘(b) PLANS.—Before conducting or entering into any 

8 agreement or contract to conduct a demonstration project, 

9 the Secretary shall— 

10 ‘‘(1) develop a plan for such project which de11 scribes its purpose, the personnel groups to be cov12 ered, the project itself, its anticipated outcomes and 

13 the method of evaluating the project; 

14 ‘‘(2) at least 30 days in advance of the date a 

15 project is to take effect, provide notification of the 

16 proposed project— 

17 ‘‘(A) to personnel who are likely to be af18 fected by the project; and 

19 ‘‘(B) to each House of the Congress; and 

20 ‘‘(3) provide each House of the Congress with 

21 the final version of the plan and a summary of the 

22 results of each project. 

23 ‘‘(c) WAIVER.—No demonstration project under this 

24 section may provide for a waiver of this title or title 37 

25 except with the approval of the Secretary. 
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1 ‘‘(d) LIMITATIONS.—(1) Each demonstration project 

2 shall— 

3 ‘‘(A) involve not more than 2,000 individuals 

4 other than individuals in any control groups nec5 essary to validate the results of the project; and 

6 ‘‘(B) terminate before the end of the 5-year pe7 riod beginning on the date on which the project 

8 takes effect, except that the project may continue 

9 beyond the date to the extent necessary to validate 

10 the results of the project. 

11 ‘‘(2) Not more than 4 active demonstration projects 

12 may be in effect at any time.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of such chapter is amended by adding 

15 at the end the following new item: 

‘‘129d. Military personnel demonstration projects.’’. 

16 TITLE VI—COMPENSATION AND 

17 OTHER PERSONNEL BENEFITS 

18 Subtitle A—Pay and Allowances 

19 SEC. 601. PERMANENT AUTHORITY FOR THE SUPPLE20 MENTAL SUBSISTENCE ALLOWANCE FOR 

21 LOW-INCOME MEMBERS WITH DEPENDENTS. 

22 Section 402a of title 37, United States Code, is 

23 amended by striking subsection (i). 
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1 SEC. 602. REPEAL OF BASIC ALLOWANCE FOR HOUSING 

2 DIFFERENTIAL. 

3 (a) MEMBERS PAYING CHILD SUPPORT.—Section 

4 403 of title 37, United States Code, is amended by strik5 ing subsection (m). 

6 (b) DEFINITION OF DEPENDENT.—Section 403 is 

7 further amended— 

8 (1) by redesignating subsections (n) and (o) as 

9 subsections (m) and (n), respectively; and 

10 (2) by adding at the end the following new sub11 section (o): 

12 ‘‘(o) DEPENDENT DEFINED.—For purposes of this 

13 section, the term ‘dependent’, with respect to a member 

14 of a uniformed service, means the following persons: 

15 ‘‘(1) The spouse of the member. 

16 ‘‘(2) An unmarried child of the member who— 

17 ‘‘(A) resides with the member unless sepa18 rated— 

19 ‘‘(i) by the necessity of military serv20 ice; 

21 ‘‘(ii) to receive institutional care as a 

22 result of disability or incapacitation; or 

23 ‘‘(iii) under such other circumstances 

24 as the Secretary concerned may prescribe; 

25 and 

26 ‘‘(B) is under 21 years of age; 
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1 ‘‘(C) is incapable of self-support because of 

2 mental or physical incapacity and is in fact de3 pendent on the member for more than one-half 

4 of the child’s support; or 

5 ‘‘(D) is under 23 years of age, is enrolled 

6 in a full-time course of study in an institution 

7 of higher education approved by the Secretary 

8 concerned for purposes of this clause, and is in 

9 fact dependent on the member for more than 

10 one-half of the child’s support. 

11 ‘‘(3) A parent of the member if— 

12 ‘‘(A) the parent is in fact dependent on the 

13 member for more than one-half of the parent’s 

14 support; 

15 ‘‘(B) the parent has been so dependent for 

16 a period prescribed by the Secretary concerned 

17 or became so dependent due to a change of cir18 cumstances arising after the member entered on 

19 active duty; and 

20 ‘‘(C) the dependency of the parent on the 

21 member is determined on the basis of an affi22 davit submitted by the parent and any other 

23 evidence required under regulations prescribed 

24 by the Secretary concerned. 

25 ‘‘(4) An unmarried person who— 
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1 ‘‘(A) is placed in the legal custody of the 

2 member as a result of an order of a court of 

3 competent jurisdiction in the United States (or 

4 Puerto Rico or a possession of the United 

5 States) for a period of at least 12 consecutive 

6 months; 

7 ‘‘(B) either— 

8 ‘‘(i) has not attained the age of 21; 

9 ‘‘(ii) has not attained the age of 23 

10 years and is enrolled in a full-time course 

11 of study at an institution of higher learn12 ing approved by the Secretary concerned; 

13 or 

14 ‘‘(iii) is incapable of self support be15 cause of a mental or physical incapacity 

16 that occurred while the person was consid17 ered a dependent of the member or former 

18 member under this paragraph pursuant to 

19 clause (i) or (ii); 

20 ‘‘(C) is dependent on the member for over 

21 one-half of the person’s support; 

22 ‘‘(D) resides with the member unless sepa23 rated by the necessity of military service or to 

24 receive institutional care as a result of disability 

25 or incapacitation or under such other cir-
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1 cumstances as the Secretary concerned may by 

2 regulation prescribe; and 

3 ‘‘(E) is not a dependent of a member 

4 under any other subparagraph. 

5 ‘‘(5) For purposes of this section: 

6 ‘‘(A) The term ’child’ includes— 

7 ‘‘(i) a stepchild of the member (except 

8 that such term does not include a stepchild 

9 after the divorce of the member from the 

10 stepchild’s parent by blood); 

11 ‘‘(ii) an adopted child of the member, 

12 including a child placed in the home of the 

13 member by a placement agency (recognized 

14 by the Secretary of Defense) in anticipa15 tion of the legal adoption of the child by 

16 the member; and 

17 ‘‘(iii) an illegitimate child of the mem18 ber if the member’s parentage of the child 

19 is established in accordance with criteria 

20 prescribed in regulations by the Secretary 

21 concerned. 

22 ‘‘(B) The term ‘parent’ means— 

23 ‘‘(i) a natural parent of the member; 

24 ‘‘(ii) a stepparent of the member; 
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1 ‘‘(iii) a parent of the member by 

2 adoption; 

3 ‘‘(iv) a parent, stepparent, or adopted 

4 parent of the spouse of the member; and 

5 ‘‘(v) any other person, including a 

6 former stepparent, who has stood in loco 

7 parentis to the member at any time for a 

8 continuous period of at least five years be9 fore the member became 21 years of age.’’. 

10 SEC. 603. REVISIONS TO PAY AND ALLOWANCES CONSID11 ERED FOR SAVED PAY UPON APPOINTMENT 

12 AS AN OFFICER. 

13 Section 907(d) of title 37, United States Code, is 

14 amended to read as follows: 

15 ‘‘(d)(1) In determining the amount of the pay and 

16 allowances of a grade formerly held by an officer, the fol17 lowing special and incentive pays may be considered only 

18 so long as the officer continues to perform the duty cre19 ating the entitlement to or eligibility for that pay and 

20 would otherwise be eligible to receive that pay in his 

21 former grade: 

22 ‘‘(A) Incentive pay for hazardous duty under 

23 section 301 of this title. 

24 ‘‘(B) Submarine duty incentive pay under sec25 tion 301c of this title. 
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1 ‘‘(C) Special pay for diving duty under section 

2 304 of this title. 

3 ‘‘(D) Hardship duty pay under section 305 of 

4 this title. 

5 ‘‘(E) Career sea pay under section 305a of this 

6 title. 

7 ‘‘(F) Special pay for service as a member of a 

8 Weapons of Mass Destruction Civil Support Team 

9 under section 305b of this title. 

10 ‘‘(G) Assignment incentive pay under section 

11 307a of this title. 

12 ‘‘(H) Hostile fire pay or imminent danger pay 

13 under section 310 of this title. 

14 ‘‘(I) Overseas tour extension incentive pay 

15 under section 314 of this title. 

16 ‘‘(J) Foreign language proficiency pay under 

17 section 316 of this title. 

18 ‘‘(K) Critical skill retention bonus under section 

19 323 of this title. 

20 ‘‘(2) The following special and incentive pays are de21 pendent on a member being in enlisted status and may 

22 not be considered in determining the amount of the pay 

23 and allowances of a grade formerly held by an officer: 

24 ‘‘(A) Special duty assignment pay under section 

25 307 of this title. 
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1 ‘‘(B) Reenlistment bonus under section 308 of 

2 this title. 

3 ‘‘(C) Enlistment bonus under section 309 of 

4 this title. 

5 ‘‘(D) Nuclear enlisted bonus under section 312a 

6 of this title. 

7 ‘‘(E) Career enlisted flyer incentive pay under 

8 section 320 of this title.’’. 

9 Subtitle B—Bonuses and Special 

10 and Incentive Pays 

11 SEC. 611. UNIFORM PAYMENT OF FOREIGN LANGUAGE 

12 PROFICIENCY PAY TO RESERVE COMPONENT 

13 MEMBERS AND MEMBERS ON ACTIVE DUTY. 

14 (a) IN GENERAL.—Section 316 of title 37, United 

15 States Code, is amended— 

16 (1) in subsection (a)— 

17 (A) by striking ‘‘subsection (c)’’ and in18 serting ‘‘subsection (b)’’; 

19 (B) by striking ‘‘monthly special pay’’ and 

20 inserting ‘‘a bonus’’; and 

21 (C) by striking ‘‘is entitled to basic pay 

22 under section 204 of this title and who’’; 

23 (2) by striking subsection (b) and redesignating 

24 subsections (c), (d), (e), (f), (g) and (h) as sub25 sections (b), (c), (d), (e), (f) and (g), respectively; 
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1 (3) in subsection (b), as redesignated by para2 graph (2)— 

3 (A) by striking ‘‘special pay or a bonus’’ 

4 and inserting ‘‘a bonus’’; 

5 (B) by striking ‘‘subsection (a) or (b)’’ and 

6 inserting ‘‘subsection (a)’’; and 

7 (C) by striking ‘‘special pay or bonus’’ and 

8 inserting ‘‘bonus’’; 

9 (4) by amending subsections (c) and (d), as re10 designated by paragraph (2), to read as follows: 

11 ‘‘(c) BONUS AMOUNT.—The bonus paid under sub12 section (a) may not exceed $12,000 per year. The Sec13 retary concerned may pay the bonus in a single lump sum 

14 at the beginning of the certification period or in install15 ments during the certification period. 

16 ‘‘(d) RELATIONSHIP TO OTHER PAY OR ALLOW17 ANCES.—A bonus paid under this section is in addition 

18 to any other pay or allowance payable to a member under 

19 any other provision of law.’’; 

20 (5) in subsection (e), as redesignated by para21 graph (2)— 

22 (A) in paragraph (1)— 

23 (i) by striking ‘‘Notwithstanding’’ and 

24 all that follows through ‘‘pay or’’ and in25 serting ‘‘The Secretary concerned may 
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1 waive the certification requirement in sub2 section (b) and pay’’; and 

3 (ii) in subparagraph (C), by striking 

4 ‘‘or a’’ and all that follows through ‘‘mem5 ber’’; 

6 (B) in paragraph (2), by striking ‘‘For 

7 purposes’’ and all that follows through ‘‘the 

8 Secretary’’ and inserting ‘‘The Secretary’’; 

9 (C) in paragraph (3)— 

10 (i) by striking ‘‘special pay or a 

11 bonus’’ and inserting ‘‘a bonus’’; 

12 (ii) by striking ‘‘subsection (c)’’ and 

13 inserting ‘‘subsection (b)’’; 

14 (iii) by striking ‘‘special pay or 

15 bonus’’ and inserting ‘‘bonus’’; and 

16 (iv) by striking ‘‘subsection (h)’’ and 

17 inserting ‘‘subsection (g)’’; and 

18 (D) in paragraph (4)— 

19 (i) by striking ‘‘subsection (c)’’ and 

20 inserting ‘‘subsection (b)’’; 

21 (ii) by striking ‘‘bonus in the manner’’ 

22 and inserting ‘‘amount received by the 

23 member as’’; and (iii) by striking ‘‘sub24 section (g)’’ and inserting ‘‘subsection (f)’’; 

25 and 
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1 (6) by amending subsection (f), as redesignated 

2 by paragraph (2), to read as follows: 

3 ‘‘(f) REPAYMENT OF BONUS.—(1) The Secretary 

4 concerned may terminate at any time the eligibility of a 

5 member to receive a bonus under subsection (a). 

6 ‘‘(2) A member who receives a bonus under this sec7 tion, but who does not satisfy an eligibility requirement 

8 specified in paragraph (1), (2), (3), or (4) of subsection 

9 (a) for the entire certification period for which the bonus 

10 was paid, shall be subject to the repayment provisions of 

11 section 327 of this title.’’. 

12 (b) CLERICAL AMENDMENTS.—(1) Section 316 is 

13 further amended by striking ‘‘pay and’’ in the heading and 

14 inserting ‘‘pay:’’. 

15 (2) The table of sections at the beginning of chapter 

16 5 of such title is amended by striking the item relating 

17 to section 316 and inserting the following new item: 

‘‘316. Special pay: bonus for members with foreign language proficiency.’’. 

18 SEC. 612. INCREASE MAXIMUM AMOUNT OF SELECTIVE RE19 ENLISTMENT BONUS. 

20 (a) IN GENERAL.—Section 308(a)(2)(B) of title 37, 

21 United States Code, is amended by striking ‘‘$60,000’’ 

22 and inserting ‘‘$90,000’’. 

23 (b) CLERICAL AND CONFORMING AMENDMENTS.— 

24 (1)(A) Section 312a of such title is repealed. 
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1 (B) The table of sections at the beginning of chapter 

2 5 of such title is amended by striking the item relating 

3 to section 312a. 

4 (2) Section 308(a)(1) of such title is further amend5 ed— 

6 (A) by adding ‘‘and’’ at the end of subpara7 graph (B); 

8 (B) by striking subparagraph (C); and 

9 (C) by redesignating subparagraph (D) as subpara10 graph (C). 

11 SEC. 613. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

12 SPECIAL PAYS FOR RESERVE FORCES. 

13 (a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN

14 CRITICALLY SHORT WARTIME SPECIALTIES.—Section 

15 302g(f) of title 37, United States Code, is amended by 

16 striking ‘‘December 31, 2005’’ and inserting ‘‘December 

17 31, 2006’’. 

18 (b) SELECTED RESERVE REENLISTMENT BONUS.— 

19 Section 308b(g) of such title is amended by striking ‘‘De20 cember 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

21 (c) SELECTED RESERVE ENLISTMENT BONUS.—Sec22 tion 308c(e) of such title is amended by striking ‘‘Decem23 ber 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

24 (d) SPECIAL PAY FOR ENLISTED MEMBERS AS25 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section 
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1 308d(c) of such title is amended by striking ‘‘December 

2 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

3 (e) SELECTED RESERVE AFFILIATION BONUS.—Sec4 tion 308e(e) of such title is amended by striking ‘‘Decem5 ber 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

6 (f) READY RESERVE NON-PRIOR SERVICE ENLIST7 MENT BONUS.—Section 308g(h) of such title is amended 

8 by striking ‘‘September 30, 1992’’ and inserting ‘‘Decem9 ber 31, 2006’’. 

10 (g) READY RESERVE ENLISTMENT AND REENLIST11 MENT BONUS.—Section 308h(g) of such title is amended 

12 by striking ‘‘December 31, 2005’’ and inserting ‘‘Decem13 ber 31, 2006’’. 

14 (h) PRIOR SERVICE REENLISTMENT BONUS.—Sec15 tion 308i(f) of such title is amended by striking ‘‘Decem16 ber 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

17 (i) REPAYMENT OF EDUCATION LOANS FOR CERTAIN

18 HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED

19 RESERVE.—Section 16302(d) of title 10, United States 

20 Code, is amended by striking ‘‘January 1, 2006’’ and in21 serting ‘‘January 1, 2007’’. 

22 SEC. 614. FLEXIBLE PAYMENT OF ASSIGNMENT INCENTIVE 

23 PAY. 

24 Section 307a of title 37, United States Code, is 

25 amended— 
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1 (1) in subsection (a), by striking ‘‘monthly’’; 

2 (2) by redesignating subsections (d), (e), and 

3 (f) as subsections (f), (g), and (h), respectively; and 

4 (3) by inserting after subsection (c) the fol5 lowing new subsections (d) and (e): 

6 ‘‘(d) PAYMENT OF SPECIAL PAY.—(1) The Secretary 

7 concerned may specify in a written agreement under sub8 section (b) that payment shall be at a monthly rate, a 

9 lump sum, or in installments. 

10 ‘‘(2) The maximum amount of a lump sum payment 

11 may not exceed the product of the maximum monthly rate 

12 authorized under subsection (c) and the number of months 

13 in the period for which incentive pay will be provided. In14 stallments shall be calculated using the same formula for 

15 the agreed upon period of each installment. 

16 ‘‘(3) If a member extends the assignment specified 

17 in the agreement with the Secretary, incentive pay for the 

18 period of the extension may be paid at a monthly rate, 

19 in a lump sum, or in installments pursuant to this sub20 section. 

21 ‘‘(e) REPAYMENT OF SPECIAL PAY.—(1) A member 

22 who, having entered into an agreement under this section, 

23 receives a lump sum or installment payment under sub24 section (d) and fails to complete the total period of service 

25 specified in the agreement voluntarily or because of mis-
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1 conduct, shall refund to the United States on a pro rata 

2 basis the unearned portion of the payment to the extent 

3 that the Secretary concerned determines conditions and 

4 circumstances warrant. 

5 ‘‘(2) An obligation to repay the United States im6 posed under paragraph (1) is for all purposes a debt owed 

7 to the United States. 

8 ‘‘(3) A discharge in bankruptcy under title 11 that 

9 is entered less than five years after the termination of the 

10 agreement does not discharge the member signing the 

11 agreement from a debt arising under paragraph (1).’’. 

12 SEC. 615. REPAYMENT OF UNEARNED PORTIONS OF BO13 NUSES, SPECIAL PAYS, AND EDUCATIONAL 

14 BENEFITS. 

15 (a) REPAYMENT OF UNEARNED PORTIONS OF BO16 NUSES.—(1) Chapter 5 of title 37, United States Code, 

17 is amended by adding at the end the following new section: 

18 ‘‘§ 327. Repayment of unearned portions of bonuses, 

19 incentives, special pay or similar pay20 ments, or educational benefits or sti21 pends when conditions of payment not 

22 met 

23 ‘‘(a) IN GENERAL.—A member of the uniformed 

24 services who has received a bonus, incentive, special pay 

25 or similar payment, or an educational benefit or stipend, 
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1 and who is, by law, subject to the repayment provisions 

2 of this section shall repay to the United States such com3 pensation or benefit when the member does not meet the 

4 conditions of the pay or benefit, except under conditions 

5 established by the Secretary concerned. 

6 ‘‘(b) REGULATIONS.—The Secretary concerned may 

7 set forth in regulations procedures for determining the 

8 amount of any repayment, and the conditions under which 

9 an exception to the required repayment would apply. The 

10 Secretary concerned may specify in such regulations the 

11 conditions under which any future installment payment of 

12 a bonus, incentive, special pay, or similar payment or ben13 efit will not be made when the member does not meet the 

14 conditions of pay or benefit. For the military departments, 

15 this section shall be administered under regulations pre16 scribed by the Secretary of Defense. 

17 ‘‘(c) DEBT.—An obligation to repay the United 

18 States under subsection (a) is, for all purposes, a debt 

19 owed the United States. 

20 ‘‘(d) EFFECT OF BANKRUPTCY.—A discharge in 

21 bankruptcy under title 11 does not discharge a person 

22 from a debt under this section if the final decree of dis23 charge is entered less than five years after the date of 

24 the termination of the service or the date of the termi25 nation of the agreement on which the debt is based. This 
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1 subsection applies to any case commenced under title 11 

2 after March 30, 2006.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of such chapter is amended by adding 

5 at the end the following new item: 

‘‘327. Repayment of unearned portions of bonuses, incentives, special pay or 

similar payments, or educational benefits or stipends, when 

conditions of payment not met.’’. 

6 (b) AVIATION CAREER OFFICER RETENTION

7 BONUS.—Subsection (g) of section 301b of such title is 

8 amended to read as follows: 

9 ‘‘(g) REPAYMENT OF BONUS.—An officer who does 

10 not complete the period of active duty specified in the 

11 agreement entered into under subsection (a) shall be sub12 ject to the repayment provisions of section 327 of this 

13 title.’’. 

14 (c) MEDICAL OFFICER MULTIYEAR RETENTION

15 BONUS.—Subsection (c) of section 301d of such title is 

16 amended to read as follows: 

17 ‘‘(c) REPAYMENT OF BONUS.—An officer who does 

18 not complete the period of active duty specified in the 

19 agreement entered into under subsection (a) shall be sub20 ject to the repayment provisions of section 327 of this 

21 title.’’. 

22 (d) DENTAL OFFICER MULTIYEAR RETENTION

23 BONUS.—Subsection (d) of section 301e of such title is 

24 amended to read as follows: 
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1 ‘‘(d) REPAYMENT OF BONUS.—An officer who does 

2 not complete the period of active duty specified in the 

3 agreement entered into under subsection (a) shall be sub4 ject to the repayment provisions of section 327 of this 

5 title.’’. 

6 (e) MEDICAL OFFICER SPECIAL PAY.—Section 302 

7 of such title is amended— 

8 (1) in subsection (c), by amending the last sen9 tence in paragraph (2) to read as follows: ‘‘If such 

10 entitlement is terminated, the officer concerned shall 

11 be subject to the repayment provisions of section 327 

12 of this title.’’. 

13 (2) by amending subsection (f) to read as fol14 lows: 

15 ‘‘(f) REPAYMENT.—An officer who does not complete 

16 the period for which the payment was made under sub17 section (a)(4) or (b)(1) shall be subject to the repayment 

18 provisions of section 327 of this title.’’. 

19 (f) OPTOMETRIST RETENTION SPECIAL PAY.—Para20 graph (4) of section 302a(b) of such title is amended to 

21 read as follows: 

22 ‘‘(4) The Secretary concerned may terminate at any 

23 time the eligibility of an officer to receive retention special 

24 pay under paragraph (1). An officer who does not com25 plete the period for which the payment was made under 
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1 paragraph (1) shall be subject to the repayment provisions 

2 of section 327 of this title.’’. 

3 (g) DENTAL OFFICER SPECIAL PAY.—Section 302b 

4 of such title is amended— 

5 (1) in subsection (b), by striking the second 

6 sentence in paragraph (2); 

7 (2) by amending subsection (e) to read as fol8 lows: 

9 ‘‘(e) REPAYMENT.—An officer who does not complete 

10 the period of active duty for which the payment was made 

11 under subsection (a)(4) shall be subject to the repayment 

12 provisions of section 327 of this title.’’; 

13 (3) by striking subsection (f); and 

14 (4) by redesignating subsections (g) and (h) as 

15 subsections (f) and (g), respectively. 

16 (h) ACCESSION BONUS FOR REGISTERED NURSES.— 

17 Subsection (d) of section 302d of such title is amended 

18 to read as follows: 

19 ‘‘(d) REPAYMENT OF BONUS.—An officer who does 

20 not become and remain licensed as a registered nurse dur21 ing the period for which the payment is made, or who does 

22 not complete the period of active duty specified in the 

23 agreement entered into under subsection (a) shall be sub24 ject to the repayment provisions of section 327 of this 

25 title.’’. 
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1 (i) NURSE ANESTHETIST SPECIAL PAY.—Section 

2 302e of such title is amended— 

3 (1) in subsection (c), by striking the last sen4 tence; and 

5 (2) by amending subsection (e) to read as fol6 lows: 

7 ‘‘(e) REPAYMENT.—An officer who does not complete 

8 the period of active duty specified in the agreement en9 tered into under subsection (a) shall be subject to the re10 payment provisions of section 327 of this title.’’. 

11 (j) RESERVE, RECALLED OR RETAINED HEALTH

12 CARE OFFICERS SPECIAL PAY.—Subsection (c) of section 

13 302f of such title is amended by striking ‘‘refund’’ and 

14 inserting ‘‘repay.’’. 

15 (k) SELECTED RESERVE HEALTH CARE PROFES16 SIONALS IN CRITICALLY SHORT WARTIME SPECIALTIES

17 SPECIAL PAY.—Section 302g of such title is amended— 

18 (1) by striking subsections (d) and (e); 

19 (2) by inserting after subsection (c) the fol20 lowing new subsection (d): 

21 ‘‘(d) REPAYMENT.—An officer who does not complete 

22 the period of service in the Selected Reserve of an armed 

23 force specified in the agreement entered into under sub24 section (a) shall be subject to the repayment provisions 

25 of section 327 of this title.’’; and 
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1 (3) by redesignating subsection (f) as sub2 section (e). 

3 (l) ACCESSION BONUS FOR DENTAL OFFICERS.— 

4 Subsection (d) of section 302h of such title is amended 

5 to read as follows: 

6 ‘‘(d) REPAYMENT OF BONUS.—A person after sign7 ing a written agreement who thereafter is not commis8 sioned as an officer of the armed forces, or does not be9 come licensed as a dentist, or does not complete the period 

10 of active duty specified in the agreement entered into 

11 under subsection (a) shall be subject to the repayment 

12 provisions of section 327 of this title.’’. 

13 (m) ACCESSION BONUS FOR PHARMACY OFFI14 CERS.—Subsection (e) of section 302j of such title is 

15 amended to read as follows: 

16 ‘‘(e) REPAYMENT OF BONUS.—A person after signing 

17 a written agreement who thereafter is not commissioned 

18 as an officer of the armed forces, or does not become and 

19 remain certified or licensed as a pharmacist, or does not 

20 complete the period of active duty specified in the agree21 ment entered into under subsection (a) shall be subject 

22 to the repayment provisions of section 327 of this title.’’. 

23 (n) REENLISTMENT BONUS FOR ACTIVE MEM24 BERS.—Subsection (d) of section 308 of such title is 

25 amended to read as follows: 
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1 ‘‘(d) REPAYMENT OF BONUS.—A member who does 

2 not complete the term of enlistment for which a bonus was 

3 paid to the member under this section, or a member who 

4 is not technically qualified in the skill for which a bonus 

5 was paid to him under this section, shall be subject to 

6 the repayment provisions of section 327 of this title.’’. 

7 (o) REENLISTMENT BONUS FOR SELECTED RE8 SERVE.—Subsection (e) of section 308b of such title is 

9 amended to read as follows: 

10 ‘‘(e) REPAYMENT OF BONUS.—A member who does 

11 not complete the term of enlistment in the element of the 

12 Selected Reserve of the Ready Reserve for which the bonus 

13 was paid to the member under this section, shall be sub14 ject to the repayment provisions of section 327 of this 

15 title.’’. 

16 (p) ENLISTMENT BONUS FOR SELECTED RE17 SERVE.—Subsection (d) of section 308c of such title is 

18 amended to read as follows: 

19 ‘‘(d) REPAYMENT OF BONUS.—A member who does 

20 not participate satisfactorily in training with his unit dur21 ing a term of enlistment for which a bonus has been paid 

22 to him under this section shall be subject to the repayment 

23 provisions of section 327 of this title.’’. 

24 (q) RESERVE AFFILIATION BONUS.—Subsection (d) 

25 of section 308e of such title is amended to read as follows: 
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1 ‘‘(d) REPAYMENT OF BONUS.—A member who does 

2 not participate satisfactorily in training with his unit dur3 ing a term of enlistment for which a bonus has been paid 

4 to him under this section shall be subject to the repayment 

5 provisions of section 327 of this title.’’. 

6 (r) READY RESERVE ENLISTMENT BONUS.—Section 

7 308g of such title is amended— 

8 (1) by amending subsection (d) to read as fol9 lows: 

10 ‘‘(d) REPAYMENT OF BONUS.— A person who does 

11 not serve satisfactorily in the element of the Ready Re12 serve in the combat or combat support skill for the period 

13 for which the bonus was paid under this section shall be 

14 subject to the repayment provisions of section 327 of this 

15 title.’’; 

16 (2) by striking subsections (e) and (f); and 

17 (3) by redesignating subsections (g) and (h) as 

18 subsections (e) and (f), respectively. 

19 (s) READY RESERVE REENLISTMENT, ENLISTMENT, 

20 AND VOLUNTARY EXTENSION OF ENLISTMENT BONUS.— 

21 Section 308h of such title is amended— 

22 (1) by amending subsection (c) to read as fol23 lows: 

24 ‘‘(c) REPAYMENT OF BONUS.—A person who does 

25 not complete the period of enlistment or extension of en-
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1 listment for which the bonus was paid under this section 

2 shall be subject to the repayment provisions of section 327 

3 of this title.’’; 

4 (2) by striking subsections (d) and (e); and 

5 (3) by redesignating subsections (f) and (g) as 

6 subsections (d) and (e), respectively. 

7 (t) PRIOR SERVICE ENLISTMENT BONUS.—Sub8 section (d) of section 308i of such title is amended to read 

9 as follows: 

10 ‘‘(d) REPAYMENT OF BONUS.—A person who receives 

11 a bonus payment under this section and who, during the 

12 period for which the bonus was paid, does not serve satis13 factorily in the element of the Selected Reserve of the 

14 Ready Reserve with respect to which the bonus was paid 

15 shall be subject to the repayment provisions of section 327 

16 of this title.’’. 

17 (u) ENLISTMENT BONUS.—Subsection (b) of section 

18 309 of such title is amended to read as follows: 

19 ‘‘(b) REPAYMENT OF BONUS.—A member who does 

20 not complete the term of enlistment for which a bonus was 

21 paid to the member under this section, or a member who 

22 is not technically qualified in the skill for which a bonus 

23 was paid, shall be subject to the repayment provisions of 

24 section 327 of this title.’’. 
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1 (v) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI2 CERS EXTENDING ACTIVE DUTY.—Subsection (b) of sec3 tion 312 of such title is amended to read as follows: 

4 ‘‘(b) An officer who does not complete the period of 

5 active duty in connection with supervision, operation, and 

6 maintenance of naval nuclear propulsion plants which the 

7 officer agreed to serve, and for which the payment was 

8 made under subsection (a)(3) or (d)(1), shall be subject 

9 to the repayment provisions of section 327 of this title.’’. 

10 (w) NUCLEAR CAREER ACCESSION BONUS.—Para11 graph (2) of section 312b(a) of such title is amended to 

12 read as follows: 

13 ‘‘(2) An officer who does not commence or complete 

14 satisfactorily the nuclear power training specified in the 

15 agreement under paragraph (1) shall be subject to the re16 payment provisions of section 327 of this title.’’. 

17 (x) ENLISTED MEMBERS EXTENDING DUTY AT DES18 IGNATED LOCATIONS OVERSEAS.—Subsection (d) of sec19 tion 314 of such title is amended to read as follows: 

20 ‘‘(d) REPAYMENT OF BONUS.—A member who, hav21 ing entered into a written agreement to extend a tour of 

22 duty for a period under subsection (a), receives a bonus 

23 payment under subsection (b)(2) for a 12-month period 

24 covered by the agreement and ceases during that 12- 

25 month period to perform the agreed tour of duty shall be 
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1 subject to the repayment provisions of section 327 of this 

2 title.’’. 

3 (y) SPECIAL WARFARE OFFICERS EXTENDING PE4 RIOD OF ACTIVE DUTY.—Subsection (h) of section 318 

5 of such title is amended to read as follows: 

6 ‘‘(h) REPAYMENT OF BONUS.—An officer who, hav7 ing entered into a written agreement under subsection (b) 

8 and has received all or part of a bonus under this section, 

9 does not complete the period of active duty in special war10 fare service as specified in the agreement, shall be subject 

11 to the repayment provisions of section 327 of this title.’’. 

12 (z) SURFACE WARFARE OFFICERS EXTENDING PE13 RIOD OF ACTIVE DUTY.—Subsection (f) of section 319 of 

14 such title is amended to read as follows: 

15 ‘‘(f) REPAYMENT OF BONUS.—An officer who, having 

16 entered into a written agreement under subsection (b) and 

17 having received all or part of a bonus under this section, 

18 does not complete the period of active duty as a depart19 ment head on a surface vessel specified in the agreement, 

20 shall be subject to the repayment provisions of section 327 

21 of this title.’’. 

22 (aa) JUDGE ADVOCATE CONTINUATION PAY.—Sub23 section (f) of section 321 of such title is amended to read 

24 as follows: 
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1 ‘‘(f) REPAYMENT.—An officer who has entered into 

2 a written agreement under subsection (b) and has received 

3 all or part of the amount payable under the agreement 

4 but who does not complete the total period of active duty 

5 specified in the agreement, shall be subject to the repay6 ment provisions of section 327 of this title.’’. 

7 (bb) 15-YEAR CAREER STATUS BONUS FOR MEM8 BERS ENTERING SERVICE ON OR AFTER AUGUST 1, 

9 1986.—Subsection (f) of section 322 of such title is 

10 amended to read as follows: 

11 ‘‘(f) REPAYMENT OF BONUS.—If a person paid a 

12 bonus under this section does not complete a period of 

13 active duty beginning on the date on which the election 

14 of the person under subsection (a)(1) is received and end15 ing on the date on which the person completes 20 years 

16 of active duty service as described in subsection (a)(2), 

17 the person shall be subject to the repayment provisions 

18 of section 327 of this title.’’. 

19 (cc) RETENTION INCENTIVES FOR MEMBERS QUALI20 FIED IN A CRITICAL MILITARY SKILL.—Subsection (g) of 

21 section 323 of such title is amended to read as follows: 

22 ‘‘(g) REPAYMENT OF BONUS.—A member who has 

23 entered into a written agreement under subsection (a), 

24 and who does not complete the total period of active duty 
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1 specified in the agreement, shall be subject to the repay2 ment provisions of section 327 of this title.’’. 

3 (dd) ACCESSION BONUS FOR NEW OFFICERS IN

4 CRITICAL SKILLS.—Subsection (f) of section 324 of such 

5 title is amended to read as follows: 

6 ‘‘(f) REPAYMENT OF BONUS.—An individual who, 

7 having received all or part of the bonus under an agree8 ment referred to in subsection (a), is not thereafter com9 missioned as an officer or does not commence or does not 

10 complete the total period of active duty service specified 

11 in the agreement, shall be subject to the repayment provi12 sions of section 327 of this title.’’. 

13 (ee) INCENTIVE BONUS: SAVINGS PLAN FOR EDU14 CATION EXPENSES AND OTHER CONTINGENCIES.—Sub15 section (g) of section 325 of such title is amended to read 

16 as follows: 

17 ‘‘(g) REPAYMENT.—If a person does not complete the 

18 qualifying service for which the person is obligated under 

19 a commitment for which a benefit has been paid under 

20 this section, the person shall be subject to the repayment 

21 provisions of section 327 of this title.’’. 

22 (ff) INCENTIVE BONUS FOR CONVERSION TO MILI23 TARY OCCUPATIONAL SPECIALTY.—Subsection (e) of sec24 tion 326 of such title is amended to read as follows: 
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1 ‘‘(e) REPAYMENT OF BONUS.—A member who does 

2 not convert to and complete the period of service in the 

3 military occupational specialty specified in the agreement 

4 executed under subsection (a) shall be subject to the re5 payment provisions of section 327 of this title.’’. 

6 (gg) ENLISTMENT INCENTIVES FOR PURSUIT OF

7 SKILLS TO FACILITATE NATIONAL SERVICE.—Subsection 

8 (i) of section 510 of title 10, United States Code, is 

9 amended to read as follows: 

10 ‘‘(i) REPAYMENT.—If a National Call to Service par11 ticipant who has entered into an agreement under sub12 section (b) and received or benefitted from an incentive 

13 under subsection (e)(1) or (e)(2) fails to complete the total 

14 period of service specified in such agreement, the National 

15 Call to Service participant shall be subject to the repay16 ment provisions of section 327 of title 37.’’. 

17 (hh) ADVANCED EDUCATION ASSISTANCE.—Section 

18 2005 of such title is amended— 

19 (1) in subsection (a), by amending paragraph 

20 (3) to read as follows: 

21 ‘‘(3) that if such person does not complete the 

22 period of active duty specified in the agreement, or 

23 does not fulfill any term or condition prescribed pur24 suant to clause (4), such person shall be subject to 

25 the repayment provisions of section 327 of title 37.’’; 
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1 (2) by striking subsections (c), (d), (g) and (h); 

2 (3) by redesignating subsections (e) and (f) as 

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

4 (4) by amending subsection (d), as redesignated 

5 by paragraph (3), to read as follows: 

6 ‘‘(d) The Secretary concerned shall require, as a con7 dition to the Secretary providing financial assistance 

8 under section 2107 or 2107a of this title to any person, 

9 that such person enter into an agreement described in sub10 section (a). In addition to the requirements of subsections 

11 (a)(1) through (a)(4), any agreement required by this sub12 section shall provide that if such person does not complete 

13 the education requirements specified in the agreement, or 

14 does not fulfill any term or condition prescribed pursuant 

15 to subsection (a)(4), the person shall be subject to the re16 payment provisions of section 327 of title 37 without the 

17 Secretary first ordering such person to active duty as pro18 vided for under subsection (a)(2) and sections 2107(f) and 

19 2107a(f) of this title.’’. 

20 (ii) TUITION FOR OFF-DUTY TRAINING OR EDU21 CATION.—Section 2007 of such title is amended by adding 

22 at the end the following new subsection: 

23 ‘‘(f) If such person does not complete the period of 

24 active duty specified in the agreement under subsection 
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1 (b), such person shall be subject to the repayment provi2 sions of section 327 of title 37.’’. 

3 (jj) ADVANCED TRAINING, FAILURE TO COMPLETE

4 OR TO ACCEPT COMMISSION.—Section 2105 of such title 

5 is amended— 

6 (1) by striking ‘‘A member’’ and inserting ‘‘(a) 

7 A member’’; and 

8 (2) by adding at the end the following new sub9 section: 

10 ‘‘(b) If such person does not complete the period of 

11 active duty specified under subsection (a), the person shall 

12 be subject to the repayment provisions of section 327 of 

13 title 37.’’. 

14 (kk) FINANCIAL ASSISTANCE PROGRAM FOR SPE15 CIALLY SELECTED MEMBERS.—Section 2107 of such title 

16 is amended by adding at the end the following new sub17 section: 

18 ‘‘(j) A person after signing a written agreement who 

19 thereafter is not commissioned as an officer or does not 

20 complete the period of service as specified in subsection 

21 (b), (f) or (h)(2), shall be subject to the repayment provi22 sions of section 327 of title 37.’’. 

23 (ll) HEALTH PROFESSIONS SCHOLARSHIP AND FI24 NANCIAL ASSISTANCE PROGRAM FOR ACTIVE SERVICE.— 
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1 Subparagraph (C) of section 2123(e)(1) of such title is 

2 amended to read as follows: 

3 ‘‘(C) If such person does not complete the period of 

4 active duty obligation specified under subsection (a), such 

5 person shall be subject to the repayment provisions of sec6 tion 327 of title 37.’’. 

7 (mm) FINANCIAL ASSISTANCE: NURSE OFFICER

8 CANDIDATES.—Subsection (d) of section 2130a of such 

9 title is amended to read as follows: 

10 ‘‘(d) REPAYMENT.—A person who does not complete 

11 a nursing degree program in which the person is enrolled 

12 in accordance with the agreement entered into under sub13 section (a), or having completed the nursing degree pro14 gram, does not become an officer in the Nurse Corps of 

15 the Army or the Navy or an officer designated as a nurse 

16 officer of the Air Force or commissioned corps of the Pub17 lic Health Service; or does not complete the period of obli18 gated active service required under the agreement, shall 

19 be subject to the repayment provisions of section 327 of 

20 title 37.’’. 

21 (nn) EDUCATION LOAN REPAYMENT PROGRAM: 

22 COMMISSIONED OFFICERS IN SPECIFIED HEALTH PRO23 FESSIONS.—Subsection (g) of section 2173 of such title 

24 is amended— 

25 (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; and 
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1 (2) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) An officer who does not complete the pe4 riod of active duty specified in the agreement en5 tered into under subsection (b)(3), or the alternative 

6 obligation under paragraph (1), shall be subject to 

7 the repayment provisions of section 327 of title 37.’’. 

8 (oo) SCHOLARSHIP PROGRAM FOR DEGREE PRO9 GRAM FOR DEGREE OR CERTIFICATION IN INFORMATION

10 ASSURANCE.—Section 2200a of such title is amended— 

11 (1) by amending subsection (e) to read as fol12 lows: 

13 ‘‘(e) REPAYMENT FOR PERIOD OF UNSERVED OBLI14 GATED SERVICE.—(1) A member of an armed force who 

15 does not complete the period of active duty specified in 

16 the service agreement under section (b) shall be subject 

17 to the repayment provisions of section 327 of title 37. 

18 ‘‘(2) A civilian employee of the Department of De19 fense who voluntarily terminates service before the end of 

20 the period of obligated service required under an agree21 ment entered into under subsection (b) shall refund to the 

22 United States an amount determined by the Secretary of 

23 Defense as being appropriate to obtain adequate service 

24 in exchange for financial assistance and otherwise to 

25 achieve the goals set forth in section 2200(a) of this title. 
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1 ‘‘(A) OBLIGATION AS DEBT.—An obligation to 

2 reimburse the United States imposed under para3 graph (1) is for all purposes a debt owed to the 

4 United States. 

5 ‘‘(B) REPAYMENT.—The Secretary of Defense 

6 may waive, in whole or in part a refund required 

7 under paragraph (1) if the Secretary determines 

8 that recovery would be against equity and good con9 science or would be contrary to the best interests of 

10 the United States. 

11 ‘‘(C) EFFECT OF DISCHARGE IN BANK12 RUPTCY.—A discharge in bankruptcy under title 11 

13 that is entered less than five years after the termi14 nation of an agreement under this section does not 

15 discharge the person signing such agreement from a 

16 debt arising under such agreement or under this 

17 subsection.’’; 

18 (2) by striking subsection (f); and 

19 (3) by redesignating subsection (g) as sub20 section (f). 

21 (pp) CADETS: AGREEMENT TO SERVICE AS OFFI22 CER.—Section 4348 of such title is amended by adding 

23 at the end the following new subsection: 

24 ‘‘(f) A cadet or former cadet who does not fulfill the 

25 terms of the agreement as specified under section (a), or 
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1 the alternative obligation under subsection (b), shall be 

2 subject to the repayment provisions of section 327 of title 

3 37.’’. 

4 (qq) MIDSHIPMEN: AGREEMENT FOR LENGTH OF

5 SERVICE.—Section 6959 of such title is amended by add6 ing at the end the following new subsection: 

7 ‘‘(f) A midshipman or former midshipman who does 

8 not fulfill the terms of the agreement as specified under 

9 section (a), or the alternative obligation under subsection 

10 (b), shall be subject to the repayment provisions of section 

11 327 of title 37.’’. 

12 (rr) CADETS: AGREEMENT TO SERVICE AS OFFI13 CER.—Section 9348 of such title is amended by adding 

14 at the end the following new subsection: 

15 ‘‘(f) A cadet or former cadet who does not fulfill the 

16 terms of the agreement as specified under section (a), or 

17 the alternative obligation under subsection (b), shall be 

18 subject to the repayment provisions of section 327 of title 

19 37.’’. 

20 (ss) CADETS: NUMBER, APPOINTMENT, OBLIGATION

21 TO SERVE.—Section 182 of title 14, United States Code, 

22 is amended by adding at the end the following new sub23 section: 

24 ‘‘(g) A cadet or former cadet who does not fulfill the 

25 terms of the obligation to serve as specified under section 
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1 (b), or the alternative obligation under subsection (c), 

2 shall be subject to the repayment provisions of section 327 

3 of title 37.’’. 

4 (tt) EDUCATIONAL ASSISTANCE FOR MEMBERS OF

5 THE SELECTED RESERVE.—Section 16135 of title 10 

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

7 ‘‘§ 16135. Failure to participate satisfactorily; pen8 alties 

9 ‘‘(a) A member of the Selected Reserve of the Ready 

10 Reserve of an armed force who does not participate satis11 factorily in required training as a member of the Selected 

12 Reserve during a term of enlistment or other period of 

13 obligated service that created entitlement of the member 

14 to educational assistance under this chapter, and during 

15 which the member has received such assistance, shall, at 

16 the option of the Secretary concerned— 

17 ‘‘(1) be ordered to active duty for a period of 

18 two years or the period of obligated service the per19 son has remaining under section 16132 of this title, 

20 whichever is less; or 

21 ‘‘(2) be subject to the repayment provisions 

22 under section 327 of title 37. 

23 ‘‘(b) Any repayment under the provisions of section 

24 327 of title 37 shall not affect the period of obligation 
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1 of such member to serve as a Reserve in the selected Re2 serve.’’. 

3 (uu) HEALTH PROFESSIONS STIPEND PROGRAM— 

4 PENALTIES AND LIMITATIONS.—Subparagraph (B) of 

5 section 16203(a)(1) of such title is amended to read as 

6 follows: 

7 ‘‘(B) shall be subject to the repayment pro8 visions of section 327 of title 37.’’. 

9 (vv) MARINE CORPS PLATOON LEADERS CLASS: 

10 COLLEGE TUITION ASSISTANCE PROGRAM.—Subsection 

11 (f) of section 16401 of such title is amended— 

12 (1) in paragraph (1), by striking ‘‘may be re13 quired to repay the full amount of financial assist14 ance’’ and inserting ‘‘shall be subject to the repay15 ment provisions of section 327 of title 37’’; and 

16 (2) by amending paragraph (2) to read as fol17 lows: 

18 ‘‘(2) Any requirement to repay any portion of 

19 financial assistance received under this section shall 

20 be administered under Secretary of Defense regula21 tions issued under section 327 of title 37. The Sec22 retary of the Navy may waive the obligations ref23 erenced in paragraph (1) in the case of a person 

24 who—’’. 
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1 (ww) EFFECTIVE DATE.—(1) The amendments made 

2 by this section shall take effect on April 1, 2006. 

3 (2) Notwithstanding paragraph (1)— 

4 (A) the amendments made by this section do 

5 not apply to any bonus, incentive, special pay or 

6 similar payment (such as education assistance or sti7 pend), which the United States became obligated to 

8 pay before April 1, 2006; and 

9 (B) the following provisions in effect on March 

10 30, 2006, shall continue to apply, in accordance with 

11 the provisions thereof, with respect to any bonus, in12 centive, special pay, or an educational benefit or sti13 pend, which the United States became obligated to 

14 pay before April 1, 2006: 

15 (i) sections 301b(g), 301d(c), 301e(d), 

16 302(f), 302a(b)(4), 302b, 302d(d), 302e, 302f, 

17 302g, 302h, 302j, 308(d), 308b(d), 308c(d), 

18 308e(d), 308g(d), 308h(c), 308i(d), 309(b), 

19 312(b), 312b(a)(2), 314(d), 318(h), 319(h), 

20 321(f), 322(f), 323(g), 324(f), 325(g), and 

21 326(e) of title 37, United States Code; 

22 (ii) sections 510, 2005(a)(3), 2005(c), 

23 2005(d), 2005(f), 2005(g), 2007, 2105, 2107, 

24 2123(e)(1)(C), 2130a(d), 2173(g), 2200a(e)(3), 

25 4348, 6959, 9348, 16135, 16203(a)(1)(B), and 
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1 16401(f)(1) of title 10, United States Code; 

2 and 

3 (iii) section 182 of title 14, United States 

4 Code. 

5 SEC. 616. INCREASE IN MAXIMUM MONTHLY RATE AUTHOR6 IZED FOR HARDSHIP DUTY PAY. 

7 (a) INCREASE.—Section 305(a) of title 37, United 

8 States Code, is amended by striking ‘‘$300’’ and inserting 

9 ‘‘$750’’. 

10 (b) EFFECTIVE DATE.—The amendment made by 

11 subsection (a) shall take effect on October 1, 2005. 

12 Subtitle C—Retired Pay 

13 SEC. 621. PROHIBIT COURT-ORDERED PAYMENTS BEFORE 

14 RETIREMENT BASED ON IMPUTATION OF RE15 TIRED PAY. 

16 (a) AUTHORITY.—Section 1408(c)(3) of title 10, 

17 United States Code, is amended— 

18 (1) by inserting ‘‘(A)’’ after ’’(3)’’; and 

19 (2) by adding at the end the following new sub20 paragraph: 

21 ‘‘(B) A court may not order a member to 

22 make payments based upon an imputation of a 

23 property interest in future retired pay of any 

24 kind to a spouse or former spouse before the 

25 date of the member’s actual retirement.’’. 
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1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall apply to final court orders or court 

3 orders seeking enforcement of prior final decrees issued 

4 on or after the date of the enactment of this Act. 

5 Subtitle D—Other Matters 

6 SEC. 631. PAYMENT OF EXPENSES TO OBTAIN PROFES7 SIONAL CREDENTIALS. 

8 (a) IN GENERAL.—Chapter 101 of title 10, United 

9 States Code, is amended by adding at the end the fol10 lowing new section: 

11 ‘‘§ 2015. Payment of expenses for members of the 

12 armed forces to obtain professional cre13 dentials 

14 ‘‘The Secretary of Defense and the Secretary of 

15 Homeland Security, with respect to the Coast Guard when 

16 it is not operating as a service in the Navy, may use appro17 priated funds, or funds otherwise available to such Sec18 retary, to pay for— 

19 ‘‘(1) expenses for members of the armed forces 

20 to obtain professional credentials, including expenses 

21 for professional accreditation, State-imposed and 

22 professional licenses, and professional certification; 

23 and 

24 ‘‘(2) examinations to obtain such credentials.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such chapter is amended by adding 

3 at the end the following new item: 

‘‘2015. Payment of expenses for members of the armed forces to obtain professional credentials.’’. 

4 SEC. 632. MONTHLY DISBURSEMENT TO THE STATES OF 

5 STATE INCOME TAX VOLUNTARILY WITH6 HELD FROM RETIRED OR RETAINED PAY. 

7 Section 1045(a) of title 10, United States Code, is 

8 amended— 

9 (1) by striking ‘‘quarter’’ the first place it ap10 pears and inserting ‘‘month’’; and 

11 (2) by striking ‘‘during the month following 

12 that calendar quarter’’ and inserting ‘‘during the fol13 lowing calendar month’’. 

14 SEC. 633. LEAVE ACCRUAL FOR MEMBERS ASSIGNED TO A 

15 DEPLOYABLE SHIP OR MOBILE UNIT OR 

16 OTHER DUTY. 

17 Subparagraph (B) of section 701(f)(1) of title 10, 

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

19 ‘‘(B) This subsection applies to a member— 

20 ‘‘(i) who serves on active duty for a continuous 

21 period of at least 120 days in an area in which the 

22 member is entitled to special pay under section 

23 310(a) of title 37; or 
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1 ‘‘(ii) who is assigned to a deployable ship or 

2 mobile unit or to other duty designated for the pur3 pose of this section.’’. 

4 TITLE VII—HEALTH CARE 

5 PROVISIONS 

6 Subtitle A—Enhanced Benefits for 

7 Reserves 

8 SEC. 701. CORRECTION TO ELIGIBILITY FOR HEALTH CARE 

9 PENDING ACTIVE DUTY FOLLOWING COMMIS10 SIONING. 

11 Clause (iii) of section 1074(a)(2)(B) of title 10, 

12 United States Code, is amended by inserting before the 

13 semicolon the following: ‘‘, or the member has been issued 

14 orders but has not entered active duty’’. 

15 Subtitle B—Other Benefits 

16 Improvements 

17 SEC. 711. AUTHORITY TO RELOCATE PATIENT SAFETY CEN18 TER; RENAMING MEDTEAMS PROGRAM. 

19 (a) REPEAL OF REQUIREMENT TO LOCATE THE DE20 PARTMENT OF DEFENSE PATIENT SAFETY CENTER

21 WITHIN THE ARMED FORCES INSTITUTE OF PATHOL22 OGY.—Subsection (c)(3) of section 754 of the Floyd D. 

23 Spence National Defense Authorization Act for Fiscal 

24 Year 2001 (Public Law 106–398; 114 Stat. 1654A–196) 
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1 is amended by striking ‘‘within the Armed Forces Institute 

2 of Pathology’’. 

3 (b) RENAMING MEDTEAMS PROGRAM.—Subsection 

4 (d) of such section is amended by striking ‘‘MEDTEAMS’’ 

5 in the heading and inserting ‘‘MEDICAL TEAM TRAINING’’. 

6 Subtitle C—Planning, 

7 Programming, and Management 

8 SEC. 721. MODIFICATION OF HEALTH CARE QUALITY IN9 FORMATION AND TECHNOLOGY ENHANCE10 MENT REPORTING REQUIREMENT. 

11 Section 723(e) of the National Defense Authorization 

12 Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 

13 697) is amended by striking paragraphs (1) through (4) 

14 and inserting the following: 

15 ‘‘(1) Quality measures, including structure, 

16 process and outcomes. 

17 ‘‘(2) Population health. 

18 ‘‘(3) Patient safety. 

19 ‘‘(4) Patient satisfaction. 

20 ‘‘(5) The extent of use of evidence-based prac21 tices. 

22 ‘‘(6) Biosurveillance.’’. 
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1 Subtitle D—Medical Readiness 

2 Tracking and Health Surveillance 

3 SEC. 731. REVISION OF REQUIREMENTS FOR PHYSICAL EX4 AMINATIONS AND CERTIFICATES OF PHYS5 ICAL CONDITION FOR MEMBERS OF THE SE6 LECTED RESERVE. 

7 Subsection (a) of section 10206 of title 10, United 

8 States Code, is amended— 

9 (1) in paragraph (1), by striking ‘‘examined’’ 

10 and all that follows through ‘‘necessary’’ and insert11 ing ‘‘provided a periodic health assessment on a fre12 quency basis established by the Secretary con13 cerned’’; and 

14 (2) in paragraph (2), by striking ‘‘annually to 

15 the Secretary concerned’’ and inserting ‘‘to the Sec16 retary concerned, on a frequency basis established 

17 by the Secretary,’’. 
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1 TITLE VIII—ACQUISITION POL2 ICY, ACQUISITION MANAGE3 MENT, AND RELATED MAT4 TERS 

5 Subtitle A—Acquisition Policy and 

6 Management 

7 SEC. 801. JOINT WARFIGHTING SCIENCE AND TECHNOLOGY 

8 PLAN. 

9 (a) SUBMITTAL OF THE JOINT WARFIGHTING

10 SCIENCE AND TECHNOLOGY PLAN.—Section 270 of the 

11 National Defense Authorization Act for Fiscal Year 1997 

12 (Public Law 104–201; 110 Stat. 2469; 10 U.S.C. 2501 

13 note), as amended by sections 242 and 1067 of the Na14 tional Defense Authorization Act for Fiscal Year 2000 

15 (Public Law 106–65; 113 Stat. 551, 774), is amended— 

16 (1) by striking ‘‘(a) Annual’’ and inserting ‘‘Bi17 ennial’’; and 

18 (2) by striking ‘‘On March 1 of each year’’ and 

19 inserting ‘‘By March 1, 2006, and biennially there20 after,’’. 

21 (b) TECHNOLOGY AREA REVIEW AND ASSESSMENT

22 SUMMARIES.—Section 270 of the National Defense Au23 thorization Act for Fiscal Year 1997 (Public Law 104– 

24 201; 110 Stat. 2469), as amended by section 242 of the 

25 National Defense Authorization Act for Fiscal Year 2000 
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1 (Public Law 106–65; 113 Stat. 551), is further amended 

2 by striking subsection (b). 

3 SEC. 802. MAKING THE STATUTORY EXECUTIVE COMPENSA4 TION CAP PROSPECTIVE FROM THE DATE OF 

5 THE LEGISLATION. 

6 Section 808(e)(2) of the National Defense Authoriza7 tion Act for Fiscal Year 1998 (Public Law 105–85; 111 

8 Stat. 1838), is amended by striking ‘‘before, on,’’ and in9 serting ‘‘on’’. 

10 SEC. 803. CLARIFICATION OF RAPID ACQUISITION AUTHOR11 ITY TO RESPOND TO COMBAT EMERGENCIES. 

12 Section 806 of the Bob Stump National Defense Au13 thorization Act for Fiscal Year 2003 (Public Law 107– 

14 314; 116 Stat. 2607; 10 U.S.C. 2302 note), as amended 

15 by section 811 of the Ronald W. Reagan National Defense 

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

17 375; 118 Stat. 2012), is further amended— 

18 (1) in subsection (c)— 

19 (A) by inserting ‘‘or services’’ after ‘‘equip20 ment’’ each place it appears; 

21 (B) by striking ‘‘combat capability’’ each 

22 place it appears; 

23 (C) by striking ‘‘fatalities’’ each place it 

24 appears and inserting ‘‘casualties’’; 
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1 (D) in paragraph (1), by inserting ‘‘below 

2 the Under Secretary of Defense (Acquisition, 

3 Technology and Logistics)’’ after ‘‘delegation’’; 

4 and. 

5 (E) by striking paragraph (4) and insert6 ing the following: 

7 ‘‘(4) The Secretary of Defense shall notify the 

8 congressional defense committees within 15 days 

9 after the end of each quarter of the fiscal year with 

10 regard to each determination made under paragraph 

11 (1) during that quarter. For each determination, 

12 such notice shall identify— 

13 ‘‘(A) the equipment and services being ac14 quired; 

15 ‘‘(B) the amount being expended for each 

16 acquisition; and 

17 ‘‘(C) the source of funds for each acquisi18 tion.’’; and 

19 (2) in subsection (d)(1)— 

20 (A) by inserting ‘‘or services’’ after ‘‘equip21 ment’’ each place it appears; 

22 (B) in subparagraph (B), by striking ‘‘or’’ 

23 (C) in subparagraph (C), by striking the 

24 period at the end and inserting ‘‘; or’’; and 
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1 (D) by adding at the end the following new 

2 subparagraph: 

3 ‘‘(D) domestic source and domestic content 

4 restrictions that would inhibit or impede the 

5 rapid acquisition of protective materials.’’. 

6 SEC. 804. CLARIFICATION OF BUY AMERICAN REQUIRE7 MENTS. 

8 Section 2533a of title 10, United States Code, is 

9 amended— 

10 (1) in subsection (a), by striking ‘‘(h)’’ and in11 serting ‘‘(i)’’; 

12 (2) by redesignating subsections (f) through (j) 

13 as subsections (g) through (k), respectively; 

14 (3) by inserting after subsection (e) the fol15 lowing new subsection (f): 

16 ‘‘(f) EXCEPTION FOR CIVIL-MILITARY INTEGRA17 TION.—Subsection (a) does not preclude the procurement 

18 of an item containing specialty metals produced outside 

19 the United States if: 

20 ‘‘(1) the contractor that produced the item (or, 

21 alternatively, in the case of a component that con22 tains specialty metals, the producer of the compo23 nent)— 

24 ‘‘(A) used the same production processes 

25 for the production of the item or component 
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1 being delivered to the Department of Defense 

2 as it uses for similar items to be delivered to 

3 other customers; and 

4 ‘‘(B) purchased an amount of domestically5 melted specialty metals equivalent in quality 

6 and amount to what would have been used to 

7 produce the item or component for delivery to 

8 the Department of Defense if this exception 

9 were not being relied upon; 

10 ‘‘(2) the contractor purchased the domestically11 melted specialty metals before delivery of the item to 

12 the Department of Defense and after the date of the 

13 award of the contract; and 

14 ‘‘(3) the contractor notifies the contracting offi15 cer before delivery of the item that it intends to rely 

16 upon this exception and that it has complied with, 

17 or will comply with, paragraphs (1) and (2) above.’’; 

18 and 

19 (4) in subsection (i) (as so redesignated), by 

20 adding at the end the following new sentence: ‘‘Sub21 section (a) does not apply to the procurement of cov22 ered items with textile components or materials that 

23 are not produced or manufactured in the United 

24 States if the total cost of all such textile components 

25 and materials is not greater than (i) the simplified 
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1 acquisition threshold referred to in section 2304(g) 

2 of this title, or (ii) 10 percent of the total price of 

3 the covered items, whichever is less.’’. 

4 SEC. 805. INCREASE LIMITATION ON ADVANCE BILLING OF 

5 WORKING CAPITAL FUND CUSTOMERS. 

6 Section 2208(l)(3) of title 10, United States Code, 

7 is amended by striking ‘‘$1,000,000,000’’ and inserting 

8 ‘‘$4,000,000,000’’. 

9 SEC. 806. PROCUREMENT OF SUPPLIES AND SERVICES 

10 FROM EXCHANGE STORES; RAISING DOLLAR 

11 LIMITATION. 

12 Subsection 2424(b) of title 10, United States Code, 

13 is amended by striking ‘‘$50,000’’ and inserting 

14 ‘‘$100,000’’. 

15 SEC. 807. AUTHORIZATION TO ENTER INTO ACQUISITION 

16 AND CROSSSERVICING AGREEMENTS WITH 

17 REGIONAL ORGANIZATIONS OF WHICH THE 

18 UNITED STATES IS NOT A MEMBER. 

19 (a) Section 2341(1) of title 10, United States Code, 

20 is amended by striking ‘‘of which the United States is a 

21 member’’. 

22 (b) Section 2342(a)(1)(C) of such title is amended 

23 by striking ‘‘of which the United States is a member’’. 

24 (c) Section 2344(b)(4) of such title is amended by 

25 striking ‘‘of which the United States is a member’’. 
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1 (d) Section 2347 of such title is repealed. 

2 Subtitle B—Amendments to Gen3 eral Contracting Authorities, 

4 Procedures, and Limitations 

5 SEC. 811. DEFENSE ACQUISITION WORKFORCE IMPROVE6 MENTS. 

7 (a) Section 1732 of title 10, United States Code, is 

8 amended— 

9 (1) in subsection (c)— 

10 (A) by striking ‘‘(b)(2)(A) and (b)(2)(B)’’ 

11 wherever it appears and inserting ‘‘(b)(1)(A) 

12 and (b)(1)(B)’’; and 

13 (B) by striking paragraph (3); and 

14 (2) in paragraph (d)(2), by striking 

15 ‘‘(b)(2)A)(ii)’’ and inserting ‘‘(b)(1)(A)(ii)’’. 

16 (b) Section 1733(b)(1)(A) of such title is amended 

17 to read as follows: 

18 ‘‘(A) Any acquisition position, which is re19 quired to be filled by a senior civilian employee 

20 or a senior commissioned officer of the Army, 

21 Navy, Air Force, or Marines Corps, as deter22 mined in accordance with guidelines prescribed 

23 by the Secretary.’’. 
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1 SEC. 812. PROCUREMENT OF PERISHABLE FOOD FOR ES2 TABLISHMENTS OUTSIDE OF THE UNITED 

3 STATES. 

4 Paragraph 2533a(d)(3) of title 10, United States 

5 Code, is amended— 

6 (1) by inserting ‘‘by,’’ after ‘‘emergency pro7 curements’’; and 

8 (2) by inserting ‘‘, or for,’’ after ‘‘perishable 

9 foods by’’. 

10 Subtitle C—United States Defense 

11 Industrial Base Provisions 

12 SEC. 821. REVISION OF AUTHORITY TO DISPOSE OF CER13 TAIN MATERIALS IN NATIONAL DEFENSE 

14 STOCKPILE. 

15 (a) Section 3303(a) of the Strom Thurmond National 

16 Defense Authorization Act for Fiscal Year 1999 (Public 

17 Law 105–261; 50 U.S.C. 98d note), as amended by sec18 tion 3302 of the Ronald W. Reagan National Defense Au19 thorization Act for Year 2005 (Public Law 108–375; 50 

20 U.S.C. 98d note), is amended by striking paragraph (5) 

21 and inserting the following new paragraph: 

22 ‘‘(5) $970,000,000 by the end of fiscal year 2013.’’. 

23 (b) Section 3402(b) of the National Defense Author24 ization Act for Fiscal Year 2000 (Public Law 106–65; 113 

25 Stat. 972; 50 U.S.C. 98d note), as amended by section 

26 3302 of the National Defense Authorization Act for Fiscal 
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1 Year 2004 (Public Law 108–136; 50 U.S.C. 98d note), 

2 is amended by striking paragraph (4) and inserting the 

3 following new paragraph: 

4 ‘‘(4) $550,000,000 by the end of fiscal year 2013.’’. 

5 Subtitle D—Extension of 

6 Temporary Program Authorities 

7 SEC. 831. MODIFICATION OF EQUIPMENT WITHIN FIVE 

8 YEARS OF ITS RETIREMENT OR DISPOSAL. 

9 (a) IN GENERAL.—Chapter 137 of title 10, United 

10 States Code, is amended by adding at the end the fol11 lowing new section: 

12 ‘‘§ 2333. Modification of equipment within five years 

13 of its retirement or disposal 

14 ‘‘(a) PROHIBITION.—A military department shall not 

15 modify an aircraft, weapon, ship or other item of equip16 ment that the military department concerned plans to re17 tire or otherwise dispose of within 5 years after completion 

18 of the modification. 

19 ‘‘(b) EXCEPTIONS.—The prohibition in subsection (a) 

20 shall not apply— 

21 ‘‘(1) to safety modifications; or 

22 ‘‘(2) when the total cost of such modification, 

23 including procurement, installation, and removal 

24 costs, does not exceed $100,000. 
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1 ‘‘(c) WAIVER.—The Secretary of a military depart2 ment may waive the prohibition in subsection (a) if the 

3 Secretary determines it is in the best national security in4 terest of the United States to provide such waiver and so 

5 notifies the congressional defense committees in writing.’’. 

6 (b) CONFORMING AND CLERICAL AMENDMENTS.— 

7 (1) Section 8053 of the Department of Defense Appro8 priations Act, 1998 (Public Law 105–56; 111 Stat. 1232), 

9 is repealed. 

10 (2) The table of sections at the beginning of chapter 

11 137 of title 10, United States Code, is amended by adding 

12 at the end the following new item: 

‘‘2333. Modification of equipment within five years of its retirement or disposal.’’. 

13 SEC. 832. AMENDMENT OF AUTHORITY TO PROVIDE LOGIS14 TICS SUPPORT AND SERVICES. 

15 Section 365(g)(1) of the Bob Stump National De16 fense Authorization Act for Fiscal Year 2003 (Public Law 

17 107–314; 116 Stat. 2520) is amended by striking ‘‘2007’’ 

18 and inserting ‘‘2010’’. 

19 Subtitle E—Other Acquisition 

20 Matters 

21 SEC. 841. PROCUREMENT OF BALL AND ROLLER BEARINGS. 

22 (a) LIMITATION.—Paragraph (a)(5) of section 2534 

23 of title 10, United States Code, is amended to read as 

24 follows: 
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1 ‘‘(5) BALL BEARINGS AND ROLLER BEARINGS.—Ball 

2 bearings and roller bearings or bearing components, ex3 cept ball bearings and roller bearings being procured for 

4 use in an end product manufactured by a manufacturer 

5 that does not satisfy the requirements of subsection (b) 

6 or in a component part manufactured by such a manufac7 turer. ‘Bearing components’ means the bearing element, 

8 retainer, inner race, or outer race.’’. 

9 (b) INAPPLICABILITY TO CERTAIN CONTRACTS.— 

10 Paragraph (2) of subsection (j) of such section is amended 

11 to read as follows: 

12 ‘‘(2) This section does not apply with respect to a 

13 contract or subcontract to purchase items described in 

14 subsection (a)(5) if such contract or subcontract is for the 

15 acquisition of commercial items, unless commercial ball 

16 and roller bearings are being acquired as end items.’’. 

17 SEC. 842. REVITALIZATION OF DEPARTMENT OF DEFENSE 

18 LABORATORIES. 

19 (a) LABORATORY REVITALIZATION.—Section 2805 of 

20 title 10, United States Code, is amended— 

21 (1) by redesignating subsection (d) as sub22 section (e); and 

23 (2) by inserting after subsection (c) the fol24 lowing new subsection (d): 
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1 ‘‘(d) LABORATORY REVITALIZATION.—(1) For the 

2 revitalization of laboratories owned by the United States 

3 and under the jurisdiction of the Secretary concerned, the 

4 Secretary may spend from appropriations available— 

5 ‘‘(A) for operation and maintenance amounts 

6 necessary to carry out an unspecified minor military 

7 construction project costing not more than 

8 $1,500,000; or 

9 ‘‘(B) for military construction not otherwise au10 thorized by law amounts necessary to carry out an 

11 unspecified minor military construction project cost12 ing not more than $3,000,000. 

13 ‘‘(2) For projects conducted pursuant to this sub14 section, $1,500,000 shall be the amount applied for pur15 poses of subsection (b)(1). 

16 ‘‘(3) For purposes of this subsection, a laboratory in17 cludes— 

18 ‘‘(A) a research, engineering, and development 

19 center; 

20 ‘‘(B) a test and evaluation activity; and 

21 ‘‘(C) any buildings, structures, or facilities lo22 cated at and supporting such centers or activities.’’. 

23 (b) STYLISTIC AND CLERICAL AMENDMENTS.—Such 

24 section is further amended— 
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1 (1) in subsection (a), by inserting ‘‘Military 

2 Construction Funding.—’’ after ‘‘(a)’’; 

3 (2) in subsection (b), by inserting ‘‘Notifica4 tions.—’’ after ‘‘(b)’’; 

5 (3) in subsection (c), by inserting ‘‘Operation 

6 and Maintenance Funding.—’’ after ‘‘(c)’’; and 

7 (4) in subsection (e), as redesignated by sub8 section (a) of this section, by inserting ‘‘Limita9 tions.—’’ after ‘‘(e)’’. 

10 TITLE IX—DEPARTMENT OF DE11 FENSE ORGANIZATION AND 

12 MANAGEMENT 

13 Subtitle A—Intelligence-Related 

14 Matters 

15 SEC. 901. OPERATIONAL FILES OF THE DEFENSE INTEL16 LIGENCE AGENCY. 

17 (a) PROTECTION OF OPERATIONAL FILES OF DE18 FENSE INTELLIGENCE AGENCY.—Title I of the National 

19 Security Act of 1947 (50 U.S.C. 401 et. seq.) is amended 

20 by inserting after section 705 the following new section: 

21 ‘‘§ 706. Operational files of the Defense Intelligence 

22 Agency 

23 ‘‘(a) EXEMPTION OF OPERATIONAL FILES.—The Di24 rector of the Defense Intelligence Agency, in coordination 

25 with the Director of National Intelligence, may exempt 
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1 operational files of the Defense Intelligence Agency from 

2 the provisions of section 552 of title 5, United States 

3 Code, which require publication, disclosure, search, or re4 view in connection therewith. 

5 ‘‘(b) OPERATIONAL FILES DEFINED.—(1) In this 

6 section, the term ‘operational files’ means: 

7 ‘‘(A) files of the Directorate of Human Intel8 ligence of the Defense Intelligence Agency (and any 

9 successor organization of that directorate) that doc10 ument the conduct of foreign intelligence or counter11 intelligence operations or intelligence or security liai12 son arrangements or information exchanges with for13 eign governments or their intelligence or security 

14 services; and 

15 ‘‘(B) files of the Directorate of Technology of 

16 the Defense Intelligence Agency (and any successor 

17 organization of that directorate) that document the 

18 means by which foreign intelligence or counterintel19 ligence is collected through technical systems. 

20 ‘‘(2) Files that are the sole repository of dis21 seminated intelligence are not operational files. 

22 ‘‘(c) SEARCH AND REVIEW FOR INFORMATION.— 

23 Notwithstanding subsection (a) of this section, exempted 

24 operational files shall continue to be subject to search and 

25 review for information concerning: 
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1 ‘‘(1) United States citizens or aliens lawfully 

2 admitted for permanent residence who have re3 quested information on themselves pursuant to the 

4 provisions of section 552 or 552a of title 5, United 

5 States Code. 

6 ‘‘(2) Any special activity the existence of which 

7 is not exempt from disclosure under the provisions 

8 of section 552 of title 5, United States Code. 

9 ‘‘(3) The specific subject matter of an investiga10 tion by any of the following for any impropriety, or 

11 violation of law, Executive Order, or Presidential di12 rective, in the conduct of an intelligence activity: 

13 ‘‘(A) The Committee on Armed Services 

14 and the Permanent Select Committee on Intel15 ligence of the House of Representatives. 

16 ‘‘(B) The Committee on Armed Services 

17 and the Select Committee on Intelligence of the 

18 Senate. 

19 ‘‘(C) The Intelligence Oversight Board. 

20 ‘‘(D) The Department of Justice. 

21 ‘‘(E) The Office of General Counsel of the 

22 Department of Defense or of the Defense Intel23 ligence Agency. 
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1 ‘‘(F) The Office of Inspector General of 

2 the Department of Defense or of the Defense 

3 Intelligence Agency. 

4 ‘‘(G) The Office of the Director of the De5 fense Intelligence Agency. 

6 ‘‘(d) INFORMATION DERIVED OR DISSEMINATED

7 FROM EXEMPTED OPERATIONAL FILES.—(1) Files that 

8 are not exempted under subsection (a) of this section 

9 which contain information derived or disseminated from 

10 exempted operational files shall be subject to search and 

11 review. 

12 ‘‘(2) The inclusion of information from exempted 

13 operational files in files that are not exempted under sub14 section (a) of this section shall not affect the exemption 

15 under subsection (a) of this section of the originating 

16 operational files from search, review, publication, or dis17 closure. 

18 ‘‘(3) Records from exempted operational files that 

19 have been disseminated to and referenced in files that are 

20 not exempted under subsection (a) of this section and that 

21 have been returned to exempted operational files for sole 

22 retention shall be subject to search and review. 

23 ‘‘(e) ALLEGATION; IMPROPER WITHOLDING OF

24 RECORDS; JUDICIAL REVIEW.—(1) Except as provided in 

25 paragraph (2), whenever any person who has requested 
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1 agency records under section 552 of title 5, alleges that 

2 the Defense Intelligence Agency has withheld records im3 properly because of failure to comply with any provision 

4 of this section, judicial review shall be available under the 

5 terms set forth in section 552(a)(4)(B) of title 5, United 

6 States Code. 

7 ‘‘(2) Judicial review shall not be available in the man8 ner provided under paragraph (1) as follows: 

9 ‘‘(A) In any case in which information specifi10 cally authorized under criteria established by an Ex11 ecutive order to be kept secret in the interest of na12 tional defense or foreign relations which is filed 

13 with, or produced for, the court by the Defense In14 telligence Agency, such information shall be exam15 ined ex parte, in camera by the court. 

16 ‘‘(B) The court shall determine, to the fullest 

17 extent practicable, determine issues of fact based on 

18 sworn written submissions of the parties. 

19 ‘‘(C) When a complaint alleges that requested 

20 records were improperly withheld because of im21 proper placement solely in exempted operational 

22 files, the complainant shall support such allegation 

23 with a sworn written submission based upon per24 sonal knowledge or otherwise admissible evidence. 
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1 ‘‘(D)(i) When a complainant alleges that re2 quested records were improperly withheld because of 

3 improper exemption of operational files, the Defense 

4 Intelligence Agency shall meet its burden under sec5 tion 552(a)(4)(B) of title 5, United States Code, by 

6 demonstrating to the court by sworn written submis7 sion that exempted operational files likely to contain 

8 responsible records currently perform the functions 

9 set forth in subsection (b). 

10 ‘‘(ii) The court may not order the Defense In11 telligence Agency to review the content of any ex12 empted operational file or files in order to make the 

13 demonstration required under clause (i) of this para14 graph, unless the complainant disputes the Defense 

15 Intelligence Agency’s showing with a sworn written 

16 submission based on personal knowledge or other17 wise admissible evidence. 

18 ‘‘(E) In proceedings under subparagraphs (C) 

19 and (D), the parties shall not obtain discovery pur20 suant to rules 26 through 36 of the Federal Rules 

21 of Civil Procedure, except that requests for admis22 sion may be made pursuant to rules 26 and 36. 

23 ‘‘(F) If the court finds under this subsection 

24 that the Defense Intelligence Agency has improperly 

25 withheld requested records because of failure to com-
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1 ply with any provision of this subsection, the court 

2 shall order the Defense Intelligence Agency to search 

3 and review the appropriate exempted operational file 

4 or files for the requested records and make such 

5 records, or portions thereof, available in accordance 

6 with the provisions of section 552 of title 5, United 

7 States Code, and such order shall be the exclusive 

8 remedy for failure to comply with this section (other 

9 than subsection(g)). 

10 ‘‘(G) If at any time following the filing of a 

11 complaint pursuant to this subsection the Defense 

12 Intelligence Agency agrees to search the appropriate 

13 exempted operational file or files for the requested 

14 records, the court shall dismiss the claim based upon 

15 such complaint. 

16 ‘‘(H) Any information filed with, or produced 

17 for the court pursuant to subparagraphs (A) and 

18 (D) shall be coordinated with the Director of Na19 tional Intelligence before submission to the court. 

20 ‘‘(f) DECENNIAL REVIEW OF EXEMPTED OPER21 ATIONAL FILES.—(1) Not less than once every ten years, 

22 the Director of the Defense Intelligence Agency and the 

23 Director of National Intelligence shall review the exemp24 tions in force under subsection (a) to determine whether 

25 such exemptions may be removed from a category of ex-
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1 empted files or any portion thereof. The Director of Na2 tional Intelligence must approve any determinations to re3 move such exemptions. 

4 ‘‘(2) The review required by paragraph (1) shall in5 clude consideration of the historical value or other public 

6 interest in the subject matter of the particular category 

7 of files or portions thereof and the potential for declas8 sifying a significant part of the information contained 

9 therein. 

10 ‘‘(3) A complainant that alleges that the Defense In11 telligence Agency has improperly withheld records because 

12 of failure to comply with this section may seek judicial 

13 review in the district court of the United States of the 

14 district in which any of the parties reside, or in the Dis15 trict of Columbia. In such a proceeding, the court’s review 

16 shall be limited to determining the following: 

17 ‘‘(A) Whether the Defense Intelligence Agency 

18 has conducted the review required by paragraph (1) 

19 before the expiration of the 10-year period beginning 

20 on the date of the enactment of this section or be21 fore the expiration of the 10-year period beginning 

22 on the date of the most recent review. 

23 ‘‘(B) Whether the Defense Intelligence Agency, 

24 in fact, considered the criteria set forth in paragraph 

25 (2) in conducting the required review.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such title is amended by inserting after 

3 the item relating to section 705 the following new item: 

‘‘706. Operational files of the Defense Intelligence Agency.’’. 

4 (c) OTHER AMENDMENTS.—The National Security 

5 Act of 1947 is further amended— 

6 (1) by inserting at the end of section 

7 702(a)(3)(C) the following new clause: 

8 ‘‘(vii) The Office of the Inspector General of 

9 the National Geospatial-Intelligence Agency.’’; 

10 (2) by inserting at the end of section 

11 703(a)(3)(C) the following new clause: 

12 ‘‘(vii) The Office of the Inspector General of 

13 the NRO.’’; and 

14 (3) by inserting at the end of section 704(c)(3) 

15 the following subparagraph: 

16 ‘‘(H) The Office of the Inspector General 

17 of the National Security Agency.’’. 

18 SEC. 902. DEFENSE COUNTERINTELLIGENCE POLYGRAPH 

19 PROGRAM. 

20 Section 1564a of title 10, United States Code, is 

21 amended— 

22 (1) in subsection (a), by inserting ‘‘or successor 

23 directive’’ before the period at the end; and 

24 (2) in subsection (b), by inserting after ‘‘(or a 

25 successor Executive order)’’ the following: ‘‘, or who 
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1 have access to other information whose unauthorized 

2 disclosure or manipulation would have significant 

3 potential impact upon national security, as deter4 mined under standards established by the Secretary 

5 of Defense,’’. 

6 Subtitle B—Other Matters 

7 SEC. 911. OPERATIONAL TEST AND EVALUATION; EXPAND8 ING THE ELIGIBILITY CRITERIA FOR THE 

9 LEADERSHIP OF DEPARTMENT OF DEFENSE 

10 TEST RESOURCE MANAGEMENT CENTER. 

11 Section 196(b) of title 10, United States Code, is 

12 amended— 

13 (1) by amending paragraph (1) to read as fol14 lows: 

15 ‘‘(1) At the head of the Center shall be a Direc16 tor, selected by the Secretary from among individ17 uals who have substantial experience in the field of 

18 test and evaluation.’’; and 

19 (2) in paragraph (2), by striking ‘‘senior civil20 ian officers and employees of the Department of De21 fense’’ and inserting ‘‘individuals’’. 
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1 TITLE X—GENERAL PROVISIONS 

2 Subtitle A—Financial Matters 

3 SEC. 1001. REPEAL OF REQUIREMENT FOR SEPARATE 

4 BUDGET REQUEST FOR PROCUREMENT OF 

5 RESERVE EQUIPMENT. 

6 Section 114(e) of title 10, United States Code, is re7 pealed. 

8 SEC. 1002. REPEAL OF REQUIREMENT FOR TWO–YEAR 

9 BUDGET CYCLE FOR THE DEPARTMENT OF 

10 DEFENSE. 

11 Section 1405 of the Department of Defense Author12 ization Act, 1986 (31 U.S.C. 1105 note) is repealed. 

13 SEC. 1003. CAPTURE OF ALL EXPIRED FUNDS FROM THE 

14 MILITARY PERSONNEL AND OPERATION AND 

15 MAINTENANCE APPROPRIATION ACCOUNTS 

16 FOR USE IN THE FOREIGN CURRENCY FLUC17 TUATIONS ACCOUNT. 

18 (a) IN GENERAL.—Section 2779 of title 10, United 

19 States Code, is amended— 

20 (1) in subsection (a)(2), by striking ‘‘second fis21 cal year’’ and inserting ‘‘fifth fiscal year’’; and 

22 (2) in subsection (d)(2), by striking ‘‘second fis23 cal year’’ and inserting ‘‘fifth fiscal year’’. 

24 (b) LIMITATION ON FUNDS TRANSFERRED.—Funds 

25 transferred in fiscal year 2006 pursuant to the additional 
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1 transfer authority authorized in subsection (a) may not 

2 exceed $10,000,000. 

3 SEC. 1004. AUTHORITY TO USE FUNDS APPROPRIATED FOR 

4 ACTIVE FORCES TO SUPPORT RESERVE COM5 PONENT FORCES NOTIFIED OF MOBILIZA6 TION. 

7 (a) IN GENERAL.—Chapter 1805 of title 10, United 

8 States Code, is amended by adding at the end the fol9 lowing new section: 

10 ‘‘§ 18506. Reserve components: premobilization sup11 port with funds appropriated for active 

12 forces 

13 ‘‘Whenever the Secretary concerned determines that 

14 it is in the interest of national security, the Secretary may 

15 authorize the use of funds appropriated for active compo16 nent forces to support reserve component forces that have 

17 been notified they are to be ordered to active duty in sup18 port of a contingency operation.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of such chapter is amended by adding 

21 at the end the following new item: 

‘‘18506. Reserve components: premobilization support with funds appropriated 

for active forces.’’. 
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1 SEC. 1005. PURCHASE AND DISPOSAL OF WEAPONS OVER2 SEAS. 

3 (a) AUTHORITY.—Funds available to the Department 

4 of Defense for operations and maintenance may be used 

5 to purchase weapons from any person, foreign govern6 ment, international organization or other entity for the 

7 purpose of protecting United States forces engaged in 

8 military operations overseas. 

9 (b) DISPOSITION OF WEAPONS PURCHASED.—Weap10 ons purchased under the authority of this section may be 

11 disposed of by transfer to the military or security forces 

12 of another country, with the concurrence of the Secretary 

13 of State, or by destruction. 

14 (c) CONGRESSIONAL NOTIFICATION.—The Secretary 

15 of Defense shall promptly notify the congressional defense 

16 committees when weapons are purchased or transferred to 

17 another country pursuant to this section. 

18 SEC. 1006. FUNDING OF ARMY MULTIPLE–COMPONENT 

19 UNITS. 

20 (a) IN GENERAL.—Chapter 307 of title 10, United 

21 States Code, is amended by adding at the end the fol22 lowing new section: 

23 ‘‘§ 3085. Funding of Army multiple-component units 

24 ‘‘(a) AUTHORITY.—Funds authorized to be appro25 priated for ‘Operation and Maintenance, Army’ may be 

26 obligated and expended to support elements of the reserve 
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1 components that are part of a multiple-component unit of 

2 the Army, or may be transferred to Operation and Mainte3 nance, Army Reserve, or Operation and Maintenance, 

4 Army National Guard, for such purposes. 

5 ‘‘(b) DEFINITION.—For the purposes of this section, 

6 a ‘multiple-component unit’ is a unit comprised of per7 sonnel or equipment, or both, from active and reserve com8 ponents, as determined by the Secretary of Defense.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of such chapter is amended by adding 

11 at the end the following new item: 

‘‘3085. Funding of Army multiple-component units.’’. 

12 Subtitle B—Counter-Drug 

13 Activities 

14 SEC. 1011. DEPARTMENT OF DEFENSE SUPPORT FOR 

15 COUNTER–DRUG ACTIVITIES. 

16 Section 1021 of the National Defense Authorization 

17 Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 

18 1212), is amended— 

19 (1) in subsection (a), by striking ‘‘2002 through 

20 2006’’and inserting ‘‘2006 through 2011’’; and 

21 (2) in paragraph (b)(4), by inserting at the end 

22 the following new sentence: ‘‘Bases of operations and 

23 training facilities may be for any aspect of counter24 drug activities, including detection, interdiction, and 

25 prosecution.’’. 
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1 Subtitle C—Reports 

2 SEC. 1021. RELIEF OF REQUIREMENT TO SUBMIT ANNUAL 

3 REPORTS TO CONGRESS REGARDING GLOBAL 

4 STRIKE. 

5 Section 1032 of the National Defense Authorization 

6 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

7 1605), is amended— 

8 (1) in subsection (a), by striking ‘‘(a) INTE9 GRATED PLAN FOR PROMPT GLOBAL STRIKE CAPA10 BILITY.—’’; and 

11 (2) by striking subsection (b). 

12 SEC. 1022. REPEAL OF REQUIRED REPORTS ON TRANSFERS 

13 FROM HIGH–PRIORITY READINESS APPRO14 PRIATIONS. 

15 (a) IN GENERAL.—Section 483 of title 10, United 

16 States Code, is repealed. 

17 (b) CONFORMING AMENDMENT.—The table of sec18 tions at the beginning of chapter 23 of such title is amend19 ed by striking the item relating to section 483. 
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1 Subtitle D—Defense Against Ter2 rorism and Other Domestic Se3 curity Matters 

4 SEC. 1031. TESTING OF PREPAREDNESS FOR EMERGENCIES 

5 INVOLVING NUCLEAR, RADIOLOGICAL, CHEM6 ICAL, BIOLOGICAL, AND HIGHYIELD EXPLO7 SIVES WEAPONS. 

8 Section 1415 of the National Defense Authorization 

9 Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 

10 2720), is amended— 

11 (1) in subsection (a)— 

12 (A) by inserting ‘‘NUCLEAR, RADIO13 LOGICAL,’’ after ‘‘INVOLVING’’ in the heading; 

14 (B) in paragraph (1)— 

15 (i) by striking ‘‘Secretary of Defense’’ 

16 and inserting ‘‘Secretary of Homeland Se17 curity’’; and 

18 (ii) by striking ‘‘biological weapons 

19 and related materials and emergencies in20 volving chemical weapons and related ma21 terials’’ and inserting ‘‘nuclear, radio22 logical, biological, and chemical weapons 

23 and related materials’’; 

24 (C) in paragraph (2), by striking ‘‘during 

25 each of five successive fiscal years beginning 
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1 with fiscal year 1997’’ and inserting ‘‘in accord2 ance with subsection (c) of section 102 and sub3 section (c)(1) of section 430 of the Homeland 

4 Security Act of 2002 (Public Law 107–296; 

5 116 Stat. 2135)’’; and 

6 (D) in paragraph (3), by striking ‘‘the Di7 rector of the Federal Bureau of Investigation, 

8 the Director of the Federal Emergency Man9 agement Agency,’’ and inserting ‘‘the Secretary 

10 of Defense, the Director of the Federal Bureau 

11 of Investigation,’’; 

12 (2) by striking subsections (b) and (d); 

13 (3) by redesignating subsections (c) and (e) as 

14 subsections (b) and (c), respectively; and 

15 (4) in subsection (b), as redesignated by para16 graph (3), by striking ‘‘or (b)’’. 

17 Subtitle E—Personnel Security 

18 Matters 

19 SEC. 1041. UPDATE OF INTERNAL SECURITY ACT OF 1950. 

20 Section 21 of title I of the Internal Security Act of 

21 1950 (Public Law 81–831; 64 Stat. 1005), is amended 

22 by striking ‘‘commander’’ and inserting ‘‘commander or 

23 military or civilian director’’. 
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1 Subtitle F—Transportation-Related 

2 Matters 

3 SEC. 1051. TRANSPORTATION OF FAMILY MEMBERS INCI4 DENT TO THE REPATRIATION OF 

5 SERVICEMEMBERS OR CIVILIANS HELD CAP6 TIVE. 

7 (a) MILITARY CAPTIVES.—Chapter 7 of title 37, 

8 United States Code, is amended by inserting after section 

9 411i the following new section: 

10 ‘‘§ 411j. Travel and transportation allowances: trans11 portation of family members incident to 

12 the repatriation of members held captive 

13 ‘‘(a) ALLOWANCE FOR FAMILY MEMBERS.—(1) 

14 Under uniform regulations prescribed by the Secretary 

15 concerned, travel and transportation described in sub16 section (c) may be provided for not more than three family 

17 members of a member described in paragraph (3). In cir18 cumstances determined to be appropriate by the Secretary 

19 concerned, the Secretary may waive the limitation on the 

20 number of family members provided travel and transpor21 tation under this section. 

22 ‘‘(2) In addition to the persons authorized to be pro23 vided travel and transportation under paragraph (1), the 

24 Secretary may provide such travel and transportation to 
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1 an attendant to accompany a family member described in 

2 paragraph (3) if the Secretary concerned determines— 

3 ‘‘(A) the family member to be accompanied is 

4 unable to travel unattended because of age, physical 

5 condition, or other reason determined by the Sec6 retary; and 

7 ‘‘(B) no other family member who is eligible for 

8 travel and transportation under subsection (a) is 

9 able to serve as an attendant for the family member. 

10 ‘‘(3) A member referred to in paragraph (a)(1) is a 

11 member of the uniformed services who— 

12 ‘‘(A) is serving on active duty; 

13 ‘‘(B) was held captive, as determined by the 

14 Secretary, and 

15 ‘‘(C) is repatriated to a site in or outside the 

16 United States. 

17 ‘‘(b) ELIGIBLE FAMILY MEMBERS.—(1) In this sec18 tion, the term ‘family member’ has the meaning given the 

19 term in section 411h(b) of this title. 

20 ‘‘(2) If no family member is able to travel to the repa21 triation site, such travel and transportation allowances 

22 may be provided to not more than two persons related to 

23 and selected by the member. 

24 ‘‘(c) TRAVEL AND TRANSPORTATION AUTHOR25 IZED.—(1) The transportation authorized by subsection 
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1 (a) is round-trip transportation between the home of the 

2 family member (or home of the attendant or person pro3 vided transportation under subsection (a)(2) or (b)(2), as 

4 the case may be) and the location of the repatriation site 

5 at which the member is located. 

6 ‘‘(2) In addition to the transportation authorized by 

7 subsection (a), the Secretary concerned may provide a per 

8 diem allowance or reimbursement for the actual and nec9 essary expenses of the travel, or a combination thereof, 

10 but not to exceed the rates established under section 

11 404(d) of this title. 

12 ‘‘(3) The transportation authorized by subsection (a) 

13 may be provided by any of the means described in section 

14 411h(d)(1) of this title. 

15 ‘‘(4) An allowance under this subsection may be paid 

16 in advance. 

17 ‘‘(5) Reimbursement payable under this subsection 

18 may not exceed the cost of government-procured round19 trip air travel.’’. 

20 (b) CIVILIAN CAPTIVES.—Chapter 57 of title 5, 

21 United States Code, is amended by adding at the end the 

22 following new section: 
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1 ‘‘§ 5760. Travel and transportation allowances: trans2 portation of family members incident to 

3 the repatriation of employees held cap4 tive 

5 ‘‘(a) ALLOWANCE FOR FAMILY MEMBERS.—(1) 

6 Under uniform regulations prescribed by the head of an 

7 agency, travel and transportation described in subsection 

8 (c) may be provided for not more than three family mem9 bers of an employee described in paragraph (3). In cir10 cumstances determined to be appropriate by the head of 

11 an agency, the head of an agency may waive the limitation 

12 on the number of family members provided travel and 

13 transportation under this section. 

14 ‘‘(2) In addition to the persons authorized to be pro15 vided travel and transportation under paragraph (1), the 

16 head of an agency may provide such travel and transpor17 tation to an attendant to accompany a family member de18 scribed in paragraph (3) if the head of an agency con19 cerned determines— 

20 ‘‘(A) the family member to be accompanied is 

21 unable to travel unattended because of age, physical 

22 condition, or other reason determined by the Sec23 retary; and 

24 ‘‘(B) no other family member who is eligible for 

25 travel and transportation under subsection (a) is 

26 able to serve as an attendant for the family member. 
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1 ‘‘(3) An employee referred to in paragraph (a)(1) is 

2 an employee as defined in section 2105 of this title who— 

3 ‘‘(A) was held captive, as determined by the 

4 head of an agency, and 

5 ‘‘(B) is repatriated to a site in or outside the 

6 United States. 

7 ‘‘(b) ELIGIBLE FAMILY MEMBERS.—(1) In this sec8 tion, the term ‘family member’ has the meaning given the 

9 term in section 411h(b) of title 37. 

10 ‘‘(2) If no family member is able to travel to the repa11 triation site, such travel and transportation allowances 

12 may be provided to not more than two persons related to 

13 and selected by the member. 

14 ‘‘(c) TRAVEL AND TRANSPORTATION AUTHOR15 IZED.—(1) The transportation authorized by subsection 

16 (a) is round-trip transportation between the home of the 

17 family member (or home of the attendant or person pro18 vided transportation under subsection (a)(2) or (b)(2), as 

19 the case may be) and the location of the repatriation site 

20 at which the employee is located. 

21 ‘‘(2) In addition to the transportation authorized by 

22 subsection (a), the head of an agency may provide a per 

23 diem allowance or reimbursement for the actual and nec24 essary expenses of the travel, or a combination thereof, 
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1 but not to exceed the rates established under section 

2 404(d) of title 37. 

3 ‘‘(3) The transportation authorized by subsection (a) 

4 may be provided by any of the means described in section 

5 411h(d)(1) of title 37. 

6 ‘‘(4) An allowance under this subsection may be paid 

7 in advance. 

8 ‘‘(5) Reimbursement payable under this subsection 

9 may not exceed the cost of government-procured round10 trip air travel.’’. 

11 (c) CLERICAL AMENDMENT.—(1) The table of sec12 tions at the beginning of chapter 7 of title 37 is amended 

13 by adding at the end the following new item: 

‘‘411j. Travel and transportation allowances: transportation of family members 

incident to the repatriation of members held captive.’’. 

14 (2) The table of sections at the beginning of chapter 

15 57 of title 5 is amended by adding at the end the following 

16 new item: 

‘‘5760. Travel and transportation allowances: transportation of family members 

incident to the repatriation of employees held captive.’’. 

17 SEC. 1052. RESEARCH, DEVELOPMENT, TEST AND EVALUA18 TION FOR TRANSPORTATION RELATED PRO19 GRAMS. 

20 (a) IN GENERAL.—Chapter 6 title 10, United States 

21 Code, is amended by inserting after section 164 the fol22 lowing new section: 
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1 ‘‘§ 164a. Combatant command research and develop2 ment 

3 ‘‘(a) The Secretary of Defense may authorize the 

4 Commander, United States Transportation Command, 

5 to— 

6 ‘‘(1) develop and acquire transportation and 

7 distribution-peculiar equipment; 

8 ‘‘(2) acquire transportation and distribution-pe9 culiar material, supplies, and services; and 

10 ‘‘(3) coordinate efforts with the Services and in11 dustry for developing, testing, and fielding advance 

12 technologies relative to transportation and the dis13 tribution process. 

14 ‘‘(b) In addition to the activities of a combatant com15 mand for which funding may be requested under section 

16 166(b) of this title, a budget proposal for the Transpor17 tation Command shall include requests for funding for— 

18 ‘‘(1) development and acquisition of transpor19 tation and distribution-peculiar equipment; and 

20 ‘‘(2) acquisition of other material, supplies, or 

21 services that are peculiar to transportation and dis22 tribution activities. 

23 ‘‘(c) The Secretary of Defense may prescribe regula24 tions for the activities of the Transportation Command. 

25 Such regulations may include safeguards to preclude du26 plication of efforts. Basic aircraft, ship, truck and railcar 
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1 research, development and acquisition shall remain the re2 sponsibility of the Service Secretaries.’’. 

3 ‘‘(b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of such chapter is amended by inserting 

5 after the item relating to section 164 the following new 

6 item: 

‘‘164a. Combatant command research and development.’’. 

7 Subtitle G—Other Matters 

8 SEC. 1061. PILOT PROGRAM FOR THE EMPLOYMENT, USE, 

9 AND STATUS OF RESERVE CIVILIAN MARI10 NERS. 

11 (a) AUTHORITY.—Chapter 1007 of title 10, United 

12 States Code, is amended by adding at the end the fol13 lowing new section: 

14 ‘‘§ 10219. Reserve civilian mariners pilot program 

15 ‘‘(a) AUTHORITY.—Notwithstanding any other provi16 sion of law, the Secretary of the Navy may conduct a pilot 

17 program to condition the employment of certain civil serv18 ice mariners of the Military Sealift Command on their en19 rollment and continued membership in a new, specialized 

20 and limited category of the Naval Reserve that is subject 

21 to activation in order to serve on certain designated war22 ships. Subject to the limitations in section (e), the Sec23 retary is authorized to designate vessels to participate in 

24 the pilot program and may prescribe regulations to imple25 ment this section. 
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1 ‘‘(b) APPLICATION.—The provisions of subsection (a) 

2 shall apply only to: 

3 ‘‘(1) civil service mariners of the Military Sea4 lift Command employed on the date of enactment of 

5 this section who elect to serve on designated war6 ships; and 

7 ‘‘(2) any civil service mariner appointed to a 

8 position and assigned to serve on designated war9 ships after the date of enactment of this section. 

10 ‘‘(c) ACTIVATION.—(1) The Secretary of the Navy 

11 may activate Reserve civilian mariners only when the war12 ships on which they serve are conducting operations in 

13 which members of the armed forces are or may become 

14 involved in military actions, operations, or hostilities 

15 against an enemy of the United States or against an op16 posing military force. 

17 ‘‘(2) Reserve civilian mariners shall be subject to the 

18 Uniform Code of Military Justice only when activated pur19 suant to paragraph (1). 

20 ‘‘(3) When activated, Reserve Civilian Mariners will 

21 perform navigation, vessel engineering, steward and 

22 housekeeping functions, deck department duties, ship23 board security, firefighting, and similar vessel support 

24 functions. 
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1 ‘‘(4) The rights and benefits contained in subpart F 

2 of part III of title 5 shall not apply to Reserve civilian 

3 mariners on active duty. 

4 ‘‘(d) BENEFITS.—(1) When activated pursuant to 

5 this section, a Reserve civilian mariner shall retain his sta6 tus as an employee of the Department of the Navy within 

7 the meaning of section 2105 of title 5 for purposes of re8 taining and continuing to be entitled to: 

9 ‘‘(A) leave without loss of, or reduction in, pay 

10 (including overtime) as a civil service employee pur11 suant to subparts D and E of part III of title 5; 

12 ‘‘(B) leave to which such mariner otherwise 

13 would have been entitled as a civil service employee 

14 pursuant to subpart E of part III of title 5; 

15 ‘‘(C) credit for time or service, or performance 

16 or efficiency rating for each day of activation as ap17 plicable to a civil service employee pursuant to sub18 parts C and G of part III of title 5; 

19 ‘‘(D) allowances, entitlements, emoluments and 

20 benefits pursuant to subpart G of part III of title 

21 5; and 

22 ‘‘(E) such additional compensation, if any, the 

23 Secretary of the Navy deems appropriate. 

24 ‘‘(2) Notwithstanding section 8906(e)(3)(B)(iv) of 

25 title 5, with respect to any period of activation of more 
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1 than 30 days under this section, in lieu of providing any 

2 military health care benefits under chapter 55 of this title, 

3 the Department of the Navy shall pay both the employee 

4 and Government contributions, and any additional admin5 istrative expenses otherwise chargeable to the employee, 

6 with respect to health care coverage for an activated Re7 serve civilian mariner and his family in accordance with 

8 section 8906(e)(3) of title 5. 

9 ‘‘(3) Reserve civilian mariners shall not be entitled 

10 to or be paid any rights or benefits under section 12741 

11 of this title as a result of activation under this section. 

12 ‘‘(4) Activation shall not exceed the maximum num13 ber of days of military leave authorized for Federal civil 

14 service employees under 6323 of title 5 unless the Sec15 retary waives this limit due to military exigency. 

16 ‘‘(e) DEFINITION.—For purposes of this section, the 

17 term ‘designated warship’ is limited to a vessel under the 

18 command of a commissioned Navy officer or a commis19 sioned officer of the United States Armed Services, that 

20 is designated ‘USS’ and is also: 

21 ‘‘(1) a vessel designed for or employed primarily 

22 as a command and control vessel, designated Am23 phibious Command Ship (LCC), Miscellaneous Com24 mand Ship (AGF), or Joint Command Ship (JCC); 
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1 ‘‘(2) a vessel designed for or primarily employed 

2 as an afloat forward staging base in support of air3 craft engaged in combat, small boats engaged in 

4 combat, or special warfare operations; 

5 ‘‘(3) a submarine tender; or 

6 ‘‘(4) a Seabasing vessel or Seabasing support 

7 vessel. 

8 ‘‘(f) EXPIRATION AND REPORTING REQUIREMENT.— 

9 (1) Not later than October 1, 2008, the Secretary of the 

10 Navy will provide a report on the pilot program to the 

11 Secretary of Defense. 

12 ‘‘(2) The authority for this program shall expire on 

13 September 30, 2010.’’. 

14 (b) MILITARY LEAVE.—Section 6323(d)(1) of title 5, 

15 United States Code, is amended by inserting ‘‘, or a civil 

16 service mariner of the Military Sealift Command who is 

17 a member of the Naval Reserve pursuant to section 10219 

18 of title 10 and serving aboard a designated warship,’’ after 

19 ‘‘section 8401(30)’’. 

20 (c) CLERICAL AMENDMENTS.—(1)(A) The heading of 

21 section 6323 of such title is amended to read as follows: 
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1 ‘‘§ Military leave; reserves, national guardsmen, and 

2 reserve civilian mariners’’. 

3 (B) The item for such section in the table of sections 

4 at the beginning of chapter 63 of such title is amended 

5 to read as follows: 

‘‘6323. Military leave; reserves, national guardsmen, and reserve civilian mariners.’’. 

6 (2) The table of sections at the beginning of chapter 

7 1007 of title 10, United States Code, is amended by add8 ing at the end the following new item: 

‘‘10219. Reserve civilian mariners pilot program.’’. 

9 SEC. 1062. DELETION OF OBSOLETE DEFINITIONS IN TI10 TLES 10 AND 32, UNITED STATES CODE. 

11 (a) DELETING OBSOLETE DEFINITION OF ‘‘TERRI12 TORY’’ IN TITLE 10.—Title 10, United States Code, is 

13 amended— 

14 (1) by striking paragraph (2) of section 101(a); 

15 (2) by striking the terms ‘‘Territory or’’, ‘‘or 

16 Territory’’, ‘‘a Territorial Department,’’, ‘‘or a Ter17 ritory’’, ‘‘Territory and’’, ‘‘its Territories,’’, and 

18 ‘‘and Territories’’ each place they appear in the fol19 lowing sections: 101(a)(3), 332, 822, 1072, 1103, 

20 2671, 3037, 5148, 8037, 8074, 12204, and 12642; 

21 (3) by striking the terms ‘‘Territory,’’, and 

22 ‘‘Territories,’’ each place they appear in the fol-
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1 lowing sections: 849, 858, 888, 2668, 2669, 7545, 

2 and 9773; 

3 (4) in section 808, by striking ‘‘Territory, Com4 monwealth, or possession,’’ and inserting ‘‘Common5 wealth, possession,’’; 

6 (5) by striking ‘‘Territories, Commonwealths, or 

7 possessions each place it appears and inserting 

8 ‘‘Commonwealths or possessions’’ in the following 

9 sections: 846, 847, 2734, 3062, 3074, 4747, 4778, 

10 5986, 7652, 7653, 8062, 9778, and 12406; 

11 (6) by Striking ‘‘Territories, Commonwealths, 

12 and possessions’’ each place it appears and inserting 

13 ‘‘Commonwealths and possessions’’ in the following 

14 sections: 3062, 3074, 4747, 4778, 8062, and 9778; 

15 (7) in section 312, by striking ‘‘States and Ter16 ritories, and Puerto Rico’’ and inserting ‘‘States, the 

17 Commonwealth of Puerto Rico, Guam, and the Vir18 gin Islands’’; 

19 (8) in section 335, by striking ‘‘the unincor20 porated territories of’’; 

21 (9) in sections 4301 and 9301, by striking 

22 ‘‘State or Territory, Puerto Rico, or the District of 

23 Columbia’’ each place it appears and inserting 

24 ‘‘State, the Commonwealth of Puerto Rico, the Dis25 trict of Columbia, Guam, or the Virgin Islands’’; 
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1 (10) in sections 4685 and 9685, by striking 

2 ‘‘State or Territory concerned’’ each place it appears 

3 and inserting ‘‘State concerned or Guam or the Vir4 gin Islands’’ and by striking ‘‘State and Territorial’’ 

5 each place it appears and inserting ‘‘State, Guam, 

6 and the Virgin Islands’’; 

7 (11) in section 7851, by striking ‘‘States, the 

8 Territories, and the District of Columbia’’ and in9 serting ‘‘States, the District of Columbia, Guam, 

10 and the Virgin Islands’’; and 

11 (12) In section 7854, by striking ‘‘any State, 

12 any Territory, or the District of Columbia’’ and in13 serting ‘‘any State, the District of Columbia, Guam, 

14 or the Virgin Islands’’. 

15 (b) DELETING OBSOLETE DEFINITION OF ‘‘TERRI16 TORY’’ IN TITLE 32.—Title 32, United States Code, is 

17 amended— 

18 (1) by striking paragraph (1) of section 101 

19 and inserting ‘‘(1) For purposes of other laws relat20 ing to the militia, the National Guard, the Army Na21 tional Guard of the United States, and the Air Na22 tional Guard of the United States, ‘‘Territory’’ in23 cludes Guam and the Virgin Islands.’’; 

24 (2) in sections 103, 104(c), 314, 315, 708(d), 

25 and 711, by striking ‘‘State and Territory, Puerto 
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1 Rico and the District of Columbia’’ and ‘‘State or 

2 Territory, Puerto Rico, and the District of Colum3 bia’’ each place they appear and inserting ‘‘State, 

4 the Commonwealth of Puerto Rico, the District of 

5 Columbia, Guam, and the Virgin Islands’’; 

6 (3) in sections 104(d), 107, 109, 503, 703, 704, 

7 710, and 712, by striking ‘‘State or Territory, Puer8 to Rico or the District of Columbia’’ and ‘‘State or 

9 Territory, Puerto Rico, the Virgin Islands or the 

10 District of Columbia’’ each place they appear and in11 serting ‘‘State, the Commonwealth of Puerto Rico, 

12 the District of Columbia, Guam, or the Virgin Is13 lands’’; 

14 (4) in sections 104(a), 505, 702(a), and 708(a), 

15 by striking ‘‘State or Territory and Puerto Rico’’ 

16 and ‘‘State or Territory, Puerto Rico’’ each place 

17 they appear and inserting ‘‘State, the Common18 wealth of Puerto Rico, Guam, and the Virgin Is19 lands’’; 

20 (5) in section 324, by striking ‘‘State or Terri21 tory of whose National Guard he is a member, or by 

22 the laws of Puerto Rico, or the District of Columbia, 

23 if he is a member of its National Guard’’ and insert24 ing ‘‘State of whose National Guard he is a member, 

25 or by the laws of the Commonwealth of Puerto Rico, 
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1 or the District of Columbia, Guam, or the Virgin Is2 lands, whose National Guard he is a member’’; 

3 (6) in section 325, by striking ‘‘State or Terri4 tory, or of Puerto Rico’’ and ‘‘State or Territory or 

5 Puerto Rico’’ each place they appear and inserting 

6 ‘‘State, or of the Commonwealth of Puerto Rico, 

7 Guam, or the Virgin Islands’’; and 

8 (7) in sections 326, 327, and 501, by striking 

9 ‘‘States and Territories, Puerto Rico, and the Dis10 trict of Columbia’’ each place it appears and insert11 ing ‘‘States, the Commonwealth of Puerto Rico, the 

12 District of Columbia, Guam, and the Virgin Is13 lands’’. 

14 SEC. 1063. REORGANIZATION OF AND TECHNICAL CORREC15 TIONS TO REAL PROPERTY PROVISIONS IN 

16 TITLE 10 WITHOUT SUBSTANTIVE CHANGE 

17 AND CLARIFICATION OF AUTHORITY RELAT18 ING TO THE PENTAGON RESERVATION. 

19 (a) ACQUISITION AUTHORITY.—Section 2663 of title 

20 10, United States Code, is amended to read as follows: 

21 ‘‘§ 2663. Acquisition: authority 

22 ‘‘(a) IN GENERAL.—(1) The Secretary of a military 

23 department may have proceedings brought in the name of 

24 the United States, in a court of proper jurisdiction, to ac-
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1 quire by condemnation any interest in land, including tem2 porary use, needed for— 

3 ‘‘(A) the site, construction, or operation of for4 tifications, coast defenses, or military training 

5 camps; 

6 ‘‘(B) the construction and operation of plants 

7 for the production of nitrate and other compounds, 

8 and the manufacture of explosives or other muni9 tions of war; or 

10 ‘‘(C) the development and transmission of 

11 power for the operation of plants under subpara12 graph (B). 

13 ‘‘(2) In time of war or when war is imminent, the 

14 United States may, immediately upon the filing of a peti15 tion for condemnation under subsection (a)(1), take and 

16 use the land to the extent of the interest sought to be 

17 acquired. 

18 ‘‘(3) The Secretary of the military department con19 cerned may contract for or buy any interest in land, in20 cluding temporary use, needed for any purpose named in 

21 subsection (a)(1), as soon as the owner fixes a price for 

22 it and the Secretary considers that price to be reasonable. 

23 ‘‘(4) The Secretary of the military department con24 cerned may accept for the United States a gift of any in-
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1 terest in land, including temporary use, for any purpose 

2 named in subsection (a)(1). 

3 ‘‘(b) LOW-COST INTERESTS IN LAND.— 

4 (1) ACQUISITION AUTHORITY.—The Secretary 

5 of a military department may acquire any interest in 

6 land that— 

7 ‘‘(A)(i) the Secretary determines is needed 

8 in the interest of national defense; and 

9 ‘‘(ii) does not cost more than $750,000, 

10 exclusive of administrative costs and the 

11 amounts of any deficiency judgments; or 

12 ‘‘(B)(i) the Secretary determines is needed 

13 solely to correct a deficiency that is life-threat14 ening, health-threatening, or safety-threatening; 

15 and 

16 ‘‘(ii) does not cost more than $1,500,000, 

17 exclusive of administrative costs and the 

18 amounts of any deficiency judgments. 

19 ‘‘(2) ACQUISITION OF MULTIPLE PARCELS.— 

20 This subsection does not apply to the acquisition, as 

21 a part of the same project, of more than one parcel 

22 of land unless the parcels are noncontiguous or, if 

23 contiguous, unless the total cost is not more than 

24 $750,000, in the case of an acquisition under para-
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1 graph (1)(A), or $1,500,000, in the case of an ac2 quisition under paragraph (1)(B). 

3 ‘‘(3) FUND SOURCE.—Appropriations available 

4 to the Department of Defense for operation and 

5 maintenance or for military construction may be 

6 used for the acquisition of land or interests in land 

7 under this subsection. 

8 ‘‘(c) INTERESTS IN LAND WHEN NEED IS UR9 GENT.—(1) The Secretary of a military department may 

10 acquire any interest in land that— 

11 ‘‘(A) the Secretary determines is needed in the 

12 interest of national defense; 

13 ‘‘(B) is required to maintain the operational in14 tegrity of a military installation; and 

15 ‘‘(C) considerations of urgency do not permit 

16 the delay necessary to include the required acquisi17 tion in an annual Military Construction Authoriza18 tion Act. 

19 ‘‘(2) Not later than 10 days after the date on which 

20 the Secretary of a military department determines to ac21 quire an interest in land under the authority of this sub22 section, the Secretary shall submit to the Committee on 

23 Armed Services of the Senate and the Committee on 

24 Armed Services of the House of Representatives written 
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1 notice containing a description of the property and interest 

2 to be acquired and the reasons for the acquisition. 

3 ‘‘(3) Appropriations available for military construc4 tion may be used for the purposes of this subsection. 

5 ‘‘(d) EXTENT OF AUTHORITY.—The authority to ac6 quire interests in real property (including a temporary in7 terest) under this section includes authority to— 

8 ‘‘(1) make surveys; and 

9 ‘‘(2) acquire interests in real property by gift, 

10 purchase, exchange of real property owned by the 

11 United States, or otherwise.’’. 

12 (b) ACQUISITION LIMITATIONS.—Chapter 159 of 

13 such title is amended by inserting after section 2663 the 

14 following new section: 

15 ‘‘§ 2664. Acquisition: limitations 

16 ‘‘(a) AUTHORIZATION REQUIRED.—No military de17 partment may acquire real property not owned by the 

18 United States unless the acquisition is expressly author19 ized by law. The foregoing limitation shall not apply to 

20 the acceptance by a military department of real property 

21 acquired under the authority of the Administrator of Gen22 eral Services to acquire property by the exchange of Gov23 ernment property pursuant to subtitle I of title 40 (40 

24 U.S.C. 101 et seq.) and title III of the Federal Property 
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1 and Administrative Services Act of 1949, as amended (41 

2 U.S.C. 251 et seq.) 

3 ‘‘(b) COST LIMITATIONS.—(1) Except as provided in 

4 paragraph (2), the cost authorized for a land acquisition 

5 project may be increased by not more than 25 percent of 

6 the amount appropriated for the project by Congress or 

7 200 percent of the amount specified by law as the max8 imum amount for a minor military construction project, 

9 whichever is lesser, if the Secretary concerned determines 

10 (i) that such an increase is required for the sole purpose 

11 of meeting unusual variations in cost, and (ii) that such 

12 variations in cost could not have been reasonably antici13 pated at the time the project was originally approved by 

14 Congress. 

15 ‘‘(2) A land acquisition project may not be placed 

16 under contract if, based upon the agreed price for the land 

17 or, in the case of land to be acquired by condemnation, 

18 the amount to be deposited with the court as just com19 pensation for the land— 

20 ‘‘(A) the scope of the acquisition, as approved 

21 by Congress, is proposed to be reduced by more than 

22 25 percent; or 

23 ‘‘(B) the agreed price for the land or, in the 

24 case of land to be acquired by condemnation, the 

25 amount to be deposited with the court as just com-
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1 pensation for the land, exceeds the amount appro2 priated for the project by more than (i) 25 percent, 

3 or (ii) 200 percent of the amount specified by law 

4 as the maximum amount for a minor military con5 struction project, whichever is lesser, until para6 graph (3) is complied with. 

7 ‘‘(3) The limitations on reduction in scope or increase 

8 in cost of a land acquisition in paragraph (2) do not apply 

9 if the reduction in scope or the increase in cost, as the 

10 case may be, is approved by the Secretary concerned and 

11 a written notification of the facts relating to the proposed 

12 reduced scope or increased cost (including a statement of 

13 the reasons therefor) is submitted by the Secretary con14 cerned to the Congressional defense committees. A con15 tract for the acquisition may then be awarded only after 

16 a period of 21 days elapses from the date the notification 

17 is received by the committees or, if over sooner, a period 

18 of 14 days elapses from the date on which a copy of that 

19 notification is provided in an electronic medium pursuant 

20 to section 480 of this title. 

21 ‘‘(4) The Secretary concerned shall promptly pay any 

22 deficiency judgment against the United States awarded by 

23 a court in an action for condemnation of any interest in 

24 land or resulting from a final settlement of an action for 

25 condemnation of any interest in land. Payments under this 
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1 paragraph may be made from funds available to the Sec2 retary concerned for military construction projects and 

3 without regard to the limitations of paragraphs (2) and 

4 (3). 

5 ‘‘(c) COMMISSIONS ON LAND PURCHASE CON6 TRACTS.—The maximum amount payable as a commission 

7 on a contract for the purchase of land from funds appro8 priated for the Department of Defense is two percent of 

9 the purchase price.’’. 

10 (c) REPEAL OF RELOCATED SECTIONS.—Subsection 

11 (c) of section 2661 and sections 2672, 2672a, and 2676 

12 of such title are repealed. 

13 (d) CLERICAL AMENDMENTS.—The table of sections 

14 at the beginning of chapter 159 of such title is amended— 

15 (1) by amending the item relating to section 

16 2663 to read as follows: 

‘‘2663. Acquisition: authority.’’; 

17 (2) by inserting after the item relating to sec18 tion 2663 the following new item: 

‘‘2664. Acquisition: limitations.’’; 

19 and 

20 (3) by striking the items relating to sections 

21 2672, 2672a, and 2676. 

22 (e) TRANSFER OF FORD ISLAND PROVISION IN

23 TITLE 10.—(1) Section 2814 of such title is transferred 
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1 to chapter 645 of subtitle C of such title, and is redesig2 nated as section 7525. 

3 (2) TECHNICAL AMENDMENTS.—Section 7525(I), as 

4 transferred and redesignated by paragraph (1), is amend5 ed in paragraphs (2) and (3)(B) by striking ‘‘this chapter’’ 

6 and inserting ‘‘chapter 169 of this title’’. 

7 (3) CLERICAL AMENDMENTS.—(A) The table of sec8 tions at the beginning of chapter 169 of such title is 

9 amended by striking the item relating to section 2814. 

10 (B) The table of sections at the beginning of chapter 

11 645 of such title is amended by adding at the end the 

12 following new item: 

‘‘7525. Special authority for development of Ford Island, Hawaii.’’. 

13 (f) TECHNICAL CORRECTION.—Section 2665 of such 

14 title is amended— 

15 (1) by striking subsection (a); 

16 (2) in subsection (c), by striking ‘‘subsection 

17 (a) or (b)’’ and inserting ‘‘subsection (b)’’; and 

18 (3) in subsection (f)(2), by striking ‘‘sub19 sections (a) and (b)’’ and inserting ‘‘subsection (b)’’. 

20 (g) APPLICATION OF CHAPTER 159 AUTHORITIES TO

21 PENTAGON RESERVATION.—Section 2661 of such title, as 

22 amended by subsection (c) of this section, is further 

23 amended by adding at the end the following new sub24 section: 
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1 ‘‘(c) APPLICATION OF CHAPTER TO PENTAGON RES2 ERVATION.—In this chapter, the terms ‘Secretary con3 cerned’ and ‘Secretary of a Military Department’ include 

4 the Secretary of Defense with respect to the Pentagon 

5 Reservation.’’. 

6 SEC. 1064. TECHNICAL, CLERICAL, AND CONFORMING 

7 AMENDMENTS. 

8 (a) CONFORMING AMENDMENTS TO DEFINITION OF

9 ‘‘CONGRESSIONAL DEFENSE COMMITTEES’’.—Title 10, 

10 United States Code, is amended as follows: 

11 (1) Sections 2694a(e), 2803(b), 2804(b), 

12 2805(b)(2), 2806(c)(2), 2807(b), 2807(c), 2808(b), 

13 2809(f)(1), 2811(d), 2812(c)(1)(A), 2813(c), 

14 2814(a)(2)(A), 2814(g)(1), 2825(b)(1), 2827(b), 

15 2828(f), 2835(g), 2836(f), 2837(c)(2), 2853(c)(2), 

16 2854(b), 2854a(c)(1), 2865(e)(2), 2866(c)(2), 

17 2875(e), 2881a(d)(2), 2881a(e), 2883(f), and 

18 2884(a), are amended by striking ‘‘appropriate com19 mittees of Congress’’ in each place it appears and 

20 inserting ‘‘congressional defense committees’’. 

21 (2)(A) Subsection (c) of section 2801 is amend22 ed by striking paragraph (4) and inserting the fol23 lowing new paragraph (4): 

24 ‘‘(4) The term ‘congressional defense commit25 tees’ includes, with respect to any project to be car-
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1 ried out by, or for the use of, an intelligence compo2 nent of the Department of Defense, the Permanent 

3 Select Committee on Intelligence of the House of 

4 Representatives and the Select Committee on Intel5 ligence of the Senate.’’. 

6 (B) Section 2694a is amended by striking sub7 section (i) and inserting the following new subsection 

8 (i): 

9 ‘‘(i)(1) DEFINITION OF SECRETARY CONCERNED.— 

10 The term ‘Secretary concerned’ means the Secretary of 

11 a military department. 

12 ‘‘(2) DEFINITION OF STATE.—The term ‘State’ in13 cludes the District of Columbia, the Commonwealth of 

14 Puerto Rico, Guam, the Virgin Islands, American Samoa, 

15 and the Commonwealth of the Northern Mariana Is16 lands.’’. 

17 (b) CLERICAL AND CONFORMING AMENDMENTS FOR

18 THE DEFINITION OF ‘‘BASE CLOSURE LAWS’’.—(1) Sec19 tion 2871 of title 10, United States Code, is amended by 

20 redesignating paragraphs (3) through (8) as paragraphs 

21 (2) through (7), respectively. 

22 (2) Title 5, United States Code, is amended by strik23 ing paragraph (1) of section 3341(c) and inserting the fol24 lowing new paragraph (1): 
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1 ‘‘(1) the term ‘base closure law’ has the meaning 

2 given such term in section 101(a)(17) of title 10.’’. 

3 (3) Title 40, United States Code, is amended— 

4 (A) by striking paragraph (1) of section 554(a) 

5 and inserting the following new paragraph (1): 

6 ‘‘(1) BASE CLOSURE LAW.—The term ‘base clo7 sure law’ has the meaning given such term in section 

8 101(a)(17) of title 10.’’; and 

9 (B) by striking subparagraph (B) of paragraph 

10 (1) of section 572(b) and inserting the following new 

11 subparagraph (B): 

12 ‘‘(B) BASE CLOSURE LAW.—The term ‘base clo13 sure law’ has the meaning given such term in section 

14 101(a)(17) of title 10.’’. 

15 (4) Section 120(h) of the Comprehensive Environ16 mental Response, Compensation, and Liability Act of 

17 1980 (Public Law 96–510, 42 U.S.C. 9620(h)) is amend18 ed by striking clause (ii) of subparagraph (E) of para19 graph (4) and inserting the following new clause (ii): 

20 ‘‘(ii) For purposes of this paragraph, the term ‘base 

21 closure law’ has the meaning given such term in 10 U.S.C. 

22 101(a)(17).’’. 

23 (5) The National Defense Authorization Act for Fis24 cal Year 1994 (Public Law 103–160; 107 Stat. 1800) is 
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1 amended by striking paragraph (1) of section 1333(i) and 

2 inserting the following new paragraph (1): 

3 ‘‘(1) The term ‘base closure law’ has the meaning 

4 given such term in 10 U.S.C. 101(a)(17).’’. 

5 (6) The National Defense Authorization Act for Fis6 cal Year 1995 (Public Law 103–337, 108 Stat. 3056) is 

7 amended by striking section 2814(b) and inserting the fol8 lowing new subsection (b): 

9 ‘‘(b) BASE CLOSURE LAW DEFINED.—The term 

10 ‘base closure law’ has the meaning given such term in 10 

11 U.S.C. 101(a)(17).’’. 

12 (7) The Act of November 13, 2000, entitled ‘‘An Act 

13 to Amend the Organic Act of Guam, and for other pur14 poses’’ (Public Law 106–504; 114 Stat. 2309), is amend15 ed by striking paragraph (2) of section 1(c) and inserting 

16 the following new paragraph (2): 

17 ‘‘(2) The term ‘base closure law’ has the mean18 ing given such term in 10 U.S.C. 101(a)(17).’’. 

19 (c) CONFORMING AMENDMENT TO DEFENSE ENVI20 RONMENTAL RESTORATION PROGRAM.—Section 2703(b) 

21 of title 10, United States Code, is amended by striking 

22 ‘‘The terms ‘unexploded ordnance’, ‘discarded military 

23 munitions’, and’’ and inserting ‘‘The terms ‘discarded 

24 military munitions’ and’’. 
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1 (d) TECHNICAL CORRECTION TO DEFINITION OF

2 ‘‘MILITARY MUNITIONS’’.—Section 101(e)(4)(B)(ii) of 

3 title 10, United States Code, is amended by striking ‘‘ex4 plosives, and’’ and inserting ‘‘explosives and’’. 

5 SEC. 1065. PROHIBIT UNAUTHORIZED WEARING, MANUFAC6 TURE, OR SALE OF CIVILIAN MEDALS OR 

7 DECORATIONS. 

8 Chapter 57 of title 10, United States Code, is amend9 ed by adding at the end the following new section: 

10 ‘‘§ 1135. Civilian medals or decorations of the Depart11 ment of Defense 

12 ‘‘(a) PROHIBITION.—Except with the written permis13 sion of the Secretary of Defense, no person may knowingly 

14 use, in connection with any merchandise, retail product, 

15 impersonation, solicitation, or commercial activity in a 

16 manner reasonably calculated to convey the impression 

17 that such use is approved, endorsed, or authorized by the 

18 Secretary, medals, decorations, or other insignia intended 

19 for recognition of Department of Defense civilian employ20 ees and other civilian individuals who render service to the 

21 Department of Defense. 

22 ‘‘(b) AUTHORITY TO ENJOIN VIOLATIONS.—When23 ever it appears to the Attorney General that any person 

24 is engaged or is about to engage in an act or practice 

25 which constitutes or will constitute conduct prohibited by 
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1 subsection (a), the Attorney General may initiate a civil 

2 proceeding in a district court of the United States to en3 join such act or practice. Such court shall proceed as soon 

4 as practicable to the hearing and determination of such 

5 action and may, at any time before final determination, 

6 enter such restraining orders or prohibitions, or take such 

7 other actions as is warranted, including imposing a civil 

8 penalty not to exceed $25,000 for each violation, to pre9 vent injury to the United States or to any person or class 

10 of persons for whose protection the action is brought.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 at the beginning of such chapter is amended by adding 

13 at the end the following new item: 

‘‘1135. Civilian medals or decorations of the Department of Defense.’’. 

14 TITLE XI—DEPARTMENT OF 

15 DEFENSE CIVILIAN PERSONNEL 

16 SEC. 1101. SCIENCE, MATHEMATICS, AND RESEARCH FOR 

17 TRANSFORMATION (SMART) DEFENSE EDU18 CATION PROGRAM. 

19 Section 1105 of the Ronald W. Reagan National De20 fense Authorization Act for Fiscal Year 2005 (Public Law 

21 108–375; 118 Stat. 1811), is amended to read as follows: 
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1 ‘‘§ 1105. Science, Mathematics, and Research for 

2 Transformation (SMART) Defense Edu3 cation Program—National Defense Edu4 cation Act (NDEA), Phase I 

5 ‘‘(a) REQUIREMENT FOR PROGRAM.—(1) Notwith6 standing the provisions of Chapter 41 of title 5 United 

7 States Code, the Secretary of Defense may carry out a 

8 program to provide financial assistance for education in 

9 science, mathematics, engineering, technology, and foreign 

10 languages critical to the national security functions of the 

11 Department of Defense and needed in the Department of 

12 Defense workforce. 

13 ‘‘(2) The goal of this program is to increase the devel14 opment, recruitment, and retention of individuals with 

15 knowledge, skills and abilities in science, mathematics, en16 gineering, and foreign languages critical to the mission of 

17 the Department of Defense. 

18 ‘‘(b) SCHOLARSHIPS AND FELLOWSHIPS.—(1) The 

19 Secretary of Defense may award a scholarship or fellow20 ship in accordance with this section to a person who— 

21 ‘‘(A) is a citizen of the United States; 

22 ‘‘(B) is pursuing an associates, undergraduate, 

23 or advanced degree in a critical skill or discipline de24 scribed in subsection (a) at an accredited institution 

25 of higher education; and 
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1 ‘‘(C) enters into a service agreement with the 

2 Secretary of Defense as described in subsection (e). 

3 ‘‘(2) The amount of the financial assistance provided 

4 under a scholarship or fellowship awarded under this sec5 tion: 

6 ‘‘(A) may be paid directly to the recipient of 

7 such scholarship or fellowship or to an administering 

8 entity that shall disburse such funds; 

9 ‘‘(B) shall be the amount necessary, as deter10 mined by the Secretary of Defense, to pay all or part 

11 of the expenses associated with education and pro12 gram participation including, but not limited to, tui13 tion, fees, cost of books, laboratory expenses, equip14 ment, research support, tutors, travel, stipends, 

15 room and board, educational enhancement activities 

16 such as internships, conferences, meetings, training, 

17 and other activities and endeavors that reinforce the 

18 education of the participant and prepare him or her 

19 to excel when they begin fulfilling the service agree20 ment under section (e). 

21 ‘‘(c) RELATIONSHIP TO OTHER LAW.—The Secretary 

22 of Defense may use the authorities set forth in section 

23 2192 of title 10, United States Code, in furtherance of 

24 the program described in subsection (a) of this section. 
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1 ‘‘(d) EMPLOYMENT OPTION.—The Secretary of De2 fense may— 

3 ‘‘(1) retain an employee, in an over-strength po4 sition— 

5 ‘‘(A) during pursuit of his or her degree, 

6 and 

7 ‘‘(B) for a period not to exceed two years 

8 after completion of the degree, provided— 

9 ‘‘(i) there is no readily available ap10 propriate position for the employee and 

11 ‘‘(ii) there is an active and ongoing ef12 fort to identify and assign the employee to 

13 an appropriate position as soon as prac14 ticable. 

15 ‘‘(2) if there is no appropriate position available 

16 after two years, separate an employee described 

17 under this subsection without regard to any other 

18 provisions of law. 

19 ‘‘(3) require an employee appointed under this 

20 subsection to complete any remaining period of obli21 gated service under subsection (d) upon assignment 

22 to an available appropriate position. 

23 ‘‘(4) apply subsections (1) through (3) of this 

24 section to the initial appointment to an appropriate 

25 position of any person who has— 
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1 ‘‘(A) received financial assistance under 

2 this program, or 

3 ‘‘(B) completed his or her degree. 

4 ‘‘(e) SERVICE AGREEMENT FOR RECIPIENTS OF AS5 SISTANCE.—(1) To receive financial assistance under this 

6 section— 

7 ‘‘(A) in the case of an employee of the Depart8 ment of Defense, the employee shall be required to 

9 enter into a written agreement to continue in the 

10 employment of the department for the period of obli11 gated service determined under paragraph (2) of this 

12 subsection; and 

13 ‘‘(B) in the case of a person not an employee 

14 of the Department of Defense, the person shall be 

15 required to enter into a written agreement to accept 

16 employment in the Department of Defense for the 

17 period of obligated service determined under para18 graph (2) of this subsection. 

19 ‘‘(2) For the purposes of this section, the period of 

20 obligated service for a recipient of a scholarship or fellow21 ship shall be determined by the Secretary of Defense. Gen22 erally, the period of obligated service may not be less than 

23 the total period for which the recipient was provided finan24 cial assistance. The period of obligated service is in addi-
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1 tion to any other period for which the recipient is obligated 

2 to serve in the civil service of the United States. 

3 ‘‘(3) An agreement entered into under this subsection 

4 shall include any terms and conditions that the Secretary 

5 of Defense determines necessary to protect the interests 

6 of the United States or otherwise appropriate for carrying 

7 out this section. 

8 ‘‘(f) REFUND FOR PERIOD OF UNSERVED OBLI9 GATED SERVICE.—(1) A person who is not an employee 

10 under this program, but who receives financial assistance 

11 under this section and who voluntarily fails to complete 

12 the educational program for which financial assistance has 

13 been provided, or fails to maintain satisfactory academic 

14 progress as determined in accordance with regulations 

15 issued by the Secretary, shall refund to the United States 

16 an appropriate amount, as determined by the Secretary; 

17 ‘‘(2) A person who is an employee under this program 

18 who— 

19 ‘‘(A) voluntarily fails to complete the edu20 cational program for which financial assistance has 

21 been provided, or fails to maintain satisfactory aca22 demic progress as determined in accordance with 

23 regulations issued by the Secretary; or 

24 ‘‘(B) before completion of the period of obli25 gated service required— 
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1 ‘‘(i) voluntarily terminates his or her em2 ployment, or 

3 ‘‘(ii) is removed from his or her employ4 ment on the basis of misconduct, shall refund 

5 to the United States an appropriate amount, as 

6 determined by the Secretary of Defense. 

7 ‘‘(3) An obligation to reimburse the United States 

8 imposed under paragraph (1) is for all purposes a debt 

9 owed to the United States. 

10 ‘‘(4) The Secretary of Defense may waive, in whole 

11 or in part, a refund required under paragraph (1) of this 

12 subsection if the Secretary determines that recovery would 

13 be against equity and good conscience or would be con14 trary to the best interests of the United States. 

15 ‘‘(5) A discharge in bankruptcy under title 11, United 

16 States Code, that is entered less than five years after the 

17 termination of an agreement under this section does not 

18 discharge the person signing such agreement from a debt 

19 arising under such agreement or under this subsection. 

20 ‘‘(g) CRITICAL HIRING NEED.—Section 3304(a)(3) 

21 of title 5, United States Code, is amended by striking sub22 paragraph (B) and inserting the following new subpara23 graph: 

24 ‘‘ ‘(B)(i) the Office of Personnel Manage25 ment has determined that there exists a severe 
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1 shortage of candidates or there is a critical hir2 ing need; or 

3 ‘‘ ‘(ii) the candidate is a participant in the 

4 Science, Mathematics, and Research for Trans5 formation (SMART) Defense Scholarship Pilot 

6 Program under section 1105 of the Ronald W. 

7 Reagan National Defense Authorization Act for 

8 Fiscal Year 2005 (Public Law 108–375; 118 

9 Stat. 2074); or 

10 ‘‘ ‘(iii) the candidate is a participant in the 

11 Science, Mathematics, and Research for Trans12 formation (SMART) Defense Education Pro13 gram—National Defense Education Act 

14 (NDEA), Phase 1 for Fiscal Year 2006.’. 

15 ‘‘(h) RELATIONSHIP TO OTHER PROGRAMS.—The 

16 program under this section is in addition to the authorities 

17 provided in chapter 111 of title 10, United States Code. 

18 The Secretary of Defense shall coordinate the provision 

19 of financial assistance under the authority of this section 

20 with the provision of financial assistance under the au21 thorities provided in such chapter in order to maximize 

22 the benefits derived by the Department of Defense from 

23 the exercise of all such authorities. 

24 ‘‘(i) AUTHORITY TO PROVIDE ADVANCE PAY25 MENTS—Not withstanding subsections (a) and (b) of sec-
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1 tion 3324 of title 31, United States Code, and without 

2 fiscal year limitation, the Secretary may provide advance 

3 payments for allowable and approved expenses incurred 

4 under this section. 

5 ‘‘(j) RECEIPT OR SALE OF PROPERTY FOR PRO6 GRAM.—In order to conduct the program under this sec7 tion, the Secretary may— 

8 ‘‘(1) receive money and other property donated, 

9 bequeathed, or devised, without condition or restric10 tion other than that it be used for the purpose of 

11 conducting the program authorized under this sec12 tion; and 

13 ‘‘(2) may use, sell, or otherwise dispose of such 

14 property for that purpose. 

15 ‘‘(k) REGULATIONS.—The Secretary of Defense may 

16 issue such regulations as may be necessary to implement 

17 this section. 

18 ‘‘(l) DEFINITIONS.—For the purposes of this section: 

19 ‘‘(1) The term ‘institution of higher education’ 

20 has the meaning given such term in section 101 of 

21 the Higher Education Act of 1965 (20 U.S.C. 

22 1001). 

23 ‘‘(2) The term ‘scholarship’ means a financial 

24 award to a student pursuing an Associates or Bach25 elors degree. 
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1 ‘‘(3) The term ‘fellowship’ means a financial 

2 award to a student pursuing a Masters or Doctoral 

3 degree. 

4 ‘‘(4) The term ‘appropriate position’ means a 

5 position in which a program participant utilizes his 

6 or her education, knowledge, skills, and abilities in 

7 a discipline or disciplines critical to the mission of 

8 DoD and for which the program participant is re9 ceiving or has received financial assistance.’’. 

10 SEC. 1102. INCREASED ENROLLMENT FOR CERTAIN DE11 FENSE INDUSTRY CIVILIANS IN THE DE12 FENSE PRODUCT DEVELOPMENT PROGRAM. 

13 ‘‘Section 7049(a) of title 10, United States Code, is 

14 amended— 

15 ‘‘(1) by inserting ‘‘and systems engineering’’ 

16 after ‘‘curriculum related to defense product develop17 ment’’; and 

18 ‘‘(2) by striking ‘‘10’’ and inserting ‘‘25’’. 

19 SEC. 1103. PRIORITY PLACEMENT OF DISPLACED CIVILIAN 

20 EMPLOYEES. 

21 (a) IN GENERAL.—Chapter 81 of title 10, United 

22 States Code, is amended by adding at the end the fol23 lowing new section: 
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1 ‘‘§ 1599e. Defense priority placement program 

2 ‘‘(a) PRIORITY PLACEMENT.—The Secretary of De3 fense, at his sole and exclusive discretion and notwith4 standing the provisions of title 5, may establish one or 

5 more programs to promote stability of employment for De6 partment of Defense civilian employees affected by chang7 ing mission requirements, streamlining efforts, overseas 

8 rotations (including rotations undertaken pursuant to sec9 tion 1586 of this title), preferences established by law, and 

10 other such actions as the Secretary shall determine, by 

11 providing such employees priority consideration, as de12 fined by the Secretary, for placement in other positions 

13 within the Department of Defense. 

14 ‘‘(b) CONSTRUCTION.—The content of any program 

15 developed under subsection (a), and any personnel action 

16 undertaken pursuant to such program, shall not be review17 able outside the Department of Defense except to the ex18 tent that may be required by the United States Constitu19 tion.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 at the beginning of such chapter is amended by adding 

22 at the end the following new item: 

‘‘1599e. Defense priority placement program.’’. 
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1 TITLE XII—MATTERS RELATING 

2 TO OTHER NATIONS 

3 Subtitle A—Matters Related to 

4 Iraq, Afghanistan, and Global 

5 War on Terrorism 

6 SEC. 1201. BUILDING THE PARTNERSHIP SECURITY CAPAC7 ITY OF FOREIGN MILITARY AND SECURITY 

8 FORCES. 

9 (a) AUTHORITY.—The President may authorize 

10 building the capacity of partner nations’ military or secu11 rity forces to disrupt or destroy terrorist networks, close 

12 safe havens, or participate in or support United States, 

13 coalition, or international military or stability operations. 

14 (b) TYPES OF PARTNERSHIP SECURITY CAPACITY

15 BUILDING.—The partnership security capacity building 

16 authorized under subsection (a) may include the provision 

17 of equipment, supplies, services, training, and funding. 

18 (c) LIMITATIONS.—The Secretary of Defense, with 

19 the concurrence of the Secretary of State, may implement 

20 partnership security capacity building as authorized under 

21 section (a). The amount of such partnership security ca22 pacity building provided by the Department of Defense 

23 under this section may not exceed $750,000,000 in any 

24 fiscal year. 
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1 (d) CONGRESSIONAL NOTIFICATION.—Before build2 ing partnership security capacity under this section, the 

3 Secretaries of State and Defense shall submit to their con4 gressional oversight committees a notification of the na5 tions with which partnership security capacity will be built 

6 under this section and the nature and amounts of security 

7 capacity building to occur. Any such notification shall be 

8 submitted not less than 7 days before the provision of such 

9 partnership security capacity building. 

10 (e) MILITARY AND SECURITY FORCES DEFINED.— 

11 For purposes of this section, the term ‘military and secu12 rity forces’ includes armies, guard, border security, civil 

13 defense, infrastructure protection, and police forces. 

14 (f) COMPLEMENTARY AUTHORITY.—The authority to 

15 build partnership security capacity under this section is 

16 in addition to any other authority of the Department of 

17 Defense to provide assistance to a foreign country. 

18 SEC. 1202. LOGISTICAL SUPPORT FOR FOREIGN MILITARY 

19 FORCES. 

20 (a) AUTHORITY.—The Secretary of Defense, with the 

21 concurrence of the Secretary of State, may provide sup22 plies, services, transportation, including airlift and sealift, 

23 and other logistical support on a non-reimbursable basis 

24 to coalition or other forces participating in, or otherwise 

25 supporting, military and stability operations if the Sec-
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1 retary of Defense determines that the participation or sup2 port of such forces will eliminate the need to deploy U.S. 

3 forces, or reduce the number of U.S. forces deployed, in 

4 connection with such an operation. 

5 (b) CONGRESSIONAL NOTIFICATION.—The Secretary 

6 of Defense shall provide quarterly reports to the congres7 sional defense committees regarding support provided 

8 under this section. 

9 SEC. 1203. REIMBURSEMENT OF CERTAIN COALITION 

10 COUNTRIES FOR SUPPORT PROVIDED TO U.S. 

11 MILITARY OPERATIONS. 

12 (a) AUTHORITY.—From funds available to the De13 partment of Defense for Operation and Maintenance, the 

14 Secretary of Defense may, with the concurrence of the 

15 Secretary of State, reimburse key cooperating nations for 

16 logistical and military support provided, or to be provided, 

17 to United States military operations in connection with 

18 military action in Iraq, Afghanistan, and the global war 

19 on terrorism. 

20 (b) DETERMINATIONS.—Payments authorized under 

21 subsection (a) may be made in such amounts as the Sec22 retary of Defense, in consultation with the Director of the 

23 Office of Management and Budget, may determine, in his 

24 discretion, based on documentation determined by the Sec25 retary of Defense to adequately account for the support 
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1 provided. Such determination by the Secretary of Defense 

2 shall be final and conclusive upon the accounting officers 

3 of the United States. 

4 (c) LIMITATION ON USE OF AUTHORITY.—(1) Pay5 ments made under the authority of this section may not 

6 exceed $1,500,000,000 in any fiscal year. 

7 (2) The Secretary of Defense may waive the limita8 tion in paragraph (1) if the Secretary determines that the 

9 ability to make additional payments is vital to the national 

10 security, and notifies the congressional defense committees 

11 of the reasons for that determination. 

12 (d) CONGRESSIONAL NOTIFICATION.—The Secretary 

13 of Defense shall notify the congressional defense commit14 tees not less than 15 days before making a payment under 

15 the authority of this section, and shall provide quarterly 

16 reports to such committees on the use of this authority. 

17 SEC. 1204. SECURITY AND STABILIZATION ASSISTANCE. 

18 (a) IN GENERAL.—Notwithstanding any other provi19 sion of law, upon a request from the Secretary of State 

20 and upon a determination by the Secretary of Defense 

21 that an unforeseen emergency exists that requires imme22 diate reconstruction, security, or stabilization assistance 

23 to a foreign country for the purpose of restoring or main24 taining peace and security in that country, and that the 

25 provision of such assistance is in the national security in-
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1 terests of the United States, the Secretary of Defense may 

2 authorize the use or transfer of defense articles, services, 

3 training or other support, including support acquired by 

4 contract or otherwise, to provide such assistance. 

5 (b) AVAILABILITY OF FUNDS.—Subject to subsection 

6 (a), the Secretary of Defense may transfer funds available 

7 to the Department of Defense to the Department of State, 

8 or to any other federal agency, to carry out the purposes 

9 of this section, and funds so transferred shall remain 

10 available until expended. 

11 (c) LIMITATION.—The aggregate value of assistance 

12 provided or funds transferred under the authority of this 

13 section may not exceed $200,000,000. 

14 (d) COMPLEMENTARY AUTHORITY.—The authority 

15 to provide assistance under this section shall be in addition 

16 to any other authority to provide assistance to a foreign 

17 country. 

18 (e) EXPIRATION.—The authority in this section shall 

19 expire on September 30, 2006. 

20 Subtitle B—Other Matters 

21 SEC. 1211. WAR RESERVES STOCKPILE, ALLIES, KOREA: 

22 TRANSFER OF OBSOLETE OR SURPLUS ITEMS 

23 AND FINAL TERMINATION OF PROGRAM. 

24 (a) ITEMS IN THE WAR RESERVES STOCKPILE, AL25 LIES, KOREA.— 
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1 (1) IN GENERAL.—Notwithstanding section 514 

2 of the Foreign Assistance Act of 1961 (22 U.S.C. 

3 2321h), the President is authorized to transfer to 

4 the Republic of Korea, on such conditions as the 

5 President may determine, any or all of the items de6 scribed in paragraph (2). 

7 (2) COVERED ITEMS.—The items referred to in 

8 paragraph (1) are munitions, equipment, and mate9 riel such as tanks, trucks, artillery, mortars, general 

10 purpose bombs, repair parts, barrier material, and 

11 ancillary equipment, if such items are: 

12 (A) obsolete or surplus items; 

13 (B) in the inventory of the Department of 

14 Defense; 

15 (C) intended for use as reserve stocks for 

16 the Republic of Korea; and 

17 (D) as of the date of the enactment of this 

18 Act, located in a stockpile in the Republic of 

19 Korea or Japan. 

20 (3) DISPOSAL OF REMAINING ITEMS.—At the 

21 conclusion of negotiations to transfer War Reserves 

22 Stockpile, Allies, Korea items to the Republic of 

23 Korea, the War Reserves Stockpile, Allies, Korea 

24 program will be terminated. Any items that the Re25 public of Korea does not accept for transfer will be 
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1 removed and/or disposed of by the Department of 

2 Defense. 

3 (b) VALUATION OF CONCESSIONS.—The value of con4 cessions negotiated pursuant to subsection (a) shall be at 

5 least equal to the fair market value of the items trans6 ferred, less the savings to the Department of Defense from 

7 avoiding the cost of removal of the items from the Repub8 lic of Korea and/or disposal of the items. The concessions 

9 may include cash compensation; services; waiver of 

10 charges otherwise payable by the United States, such as 

11 charges for demolition of U.S.-owned or U.S.-intended 

12 munitions; and other items of value. 

13 (c) TERMINATION OF AUTHORITY.—No transfer may 

14 be made under the authority of this section more than 3 

15 years after the date of the enactment of this Act. 

16 SEC. 1212. DEPARTMENT OF DEFENSE REGIONAL CENTERS 

17 FOR SECURITY STUDIES; ACCEPTANCE OF 

18 GIFTS AND DONATIONS. 

19 (a) IN GENERAL.—Section 2611 of title 10, United 

20 States Code, is amended to read as follows: 

21 ‘‘§ 2611. Regional Centers for Security Studies: ac22 ceptance of gifts and donations 

23 ‘‘(a) ACCEPTANCE OF GIFTS AND DONATIONS.—Sub24 ject to paragraph (1) below, the Secretary of Defense may 

25 accept, on behalf of one or more Regional Centers, from 
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1 any source, and may hold, administer, and use, gifts or 

2 donations of money or real or personal property or services 

3 described in subsection (b) in order to defray the costs 

4 of, or enhance the operation of, the Regional Center(s). 

5 ‘‘(1) LIMITATION.—The Secretary may not ac6 cept a gift or donation under subsection (a) if the 

7 acceptance of the gift or donation would compromise 

8 or appear to compromise— 

9 ‘‘(A) the ability of the Department of De10 fense, any employee of the Department or mem11 bers of the armed forces to carry out the re12 sponsibility or duty of the Department in a fair 

13 and objective manner; or 

14 ‘‘(B) the integrity of any program of the 

15 Department of Defense or any person involved 

16 in such a program. 

17 ‘‘(2) CRITERIA FOR ACCEPTANCE.—The Sec18 retary shall prescribe written guidance setting forth 

19 the criteria to be used in determining whether the 

20 acceptance of a gift or donation would have a result 

21 described in paragraph (1). 

22 ‘‘(3) SOURCES OF GIFTS AND DONATIONS.— 

23 The sources from which gifts and donations may be 

24 accepted under subsection (a)(1) include any source 

25 as limited by (a)(1). 
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1 ‘‘(4) CREDITING OF FUNDS.—There is estab2 lished in the Treasury of the United States a special 

3 account to be known as the ‘Regional Centers for 

4 Security Studies Account.’ Gifts and donations of 

5 money, and the proceeds from the sale of property, 

6 received under this subsection (a) shall be credited 

7 to the ‘Regional Centers for Security Studies Ac8 count’ and shall be available until expended, without 

9 further appropriation, to defray the costs of, or en10 hance the operation of, the Regional Center(s). 

11 ‘‘(b) DEFINITION OF GIFTS AND DONATIONS.—In 

12 this section the term ‘gifts and donations’ means gifts and 

13 donations of funds, materials (including research mate14 rials), property, or services (including lecture services and 

15 faculty services).’’. 

16 (b) CONFORMING AMENDMENTS.—(1) Section 1306 

17 of the National Defense Authorization Act for Fiscal Year 

18 1995 (Public Law 103–337; 108 Stat. 2892), is repealed. 

19 (2) Section 1065 of the National Defense Authoriza20 tion Act for Fiscal Year 1997 (Public Law 104–201; 110 

21 Stat. 2653), is amended— 

22 (A) by striking subsections (a) and (b); and 

23 (B) by striking ‘‘(c)’’. 

24 (3) Section 1595 of title 10, United States Code, is 

25 amended— 
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1 (A) in subsection (c), by striking paragraphs 

2 (3) and (5); 

3 (B) by redesignating paragraphs (c)(4) and 

4 (c)(6) as paragraphs (c)(3) and (c)(4), respectively; 

5 and 

6 (C) by striking subsection (e). 

7 (c) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of chapter 155 of title 10, United States 

9 Code, is amended by amending the item relating to section 

10 2611 to read as follows: 

‘‘2611. Regional Centers for Security Studies: acceptance of gifts and donations.’’. 

11 SEC. 1213. AUTHORITY TO USE APPROPRIATED FUNDS FOR 

12 PAYMENT OF ALL COSTS OF ATTENDANCE OF 

13 FOREIGN STUDENTS UNDER REGIONAL DE14 FENSE COMBATING TERRORISM FELLOW15 SHIP PROGRAM. 

16 (a) IN GENERAL.—Section 2249c of title 10, United 

17 States Code, is amended to read as follows: 

18 ‘‘§ 2249c. Authority to use appropriated funds for all 

19 costs of attendance of foreign students 

20 under Regional Defense Combating Ter21 rorism Fellowship Program 

22 ‘‘(a) AUTHORITY TO USE FUNDS.—Under regula23 tions prescribed by the Secretary of Defense, funds appro24 priated to the Department of Defense for the Combating 
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1 Terrorism Fellowship Program (CTFP) may be used to 

2 provide training for military and civilian personnel of for3 eign armed forces, ministries of defense, or other foreign 

4 government agencies with anti-terrorism or counter-ter5 rorism responsibilities to assist in the development of ef6 fective national and regional programs to combat ter7 rorism. Education and training may be provided at mili8 tary or civilian educational institutions, regional centers, 

9 conferences, seminars, or similar events. Funds made 

10 available for such purpose may be used to cover all costs 

11 associated with such education and training, including the 

12 costs of transportation, travel and subsistence costs, re13 lated orientation programs, and the cost of United States 

14 Government personnel participation when it is necessary 

15 to facilitate the education and training. 

16 ‘‘(b) LIMITATION.—The total amount of funds used 

17 under the authority in subsection (a) in any fiscal year 

18 may not exceed $20,000,000.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of chapter 134 of such title is amended 

21 by amending the item relating to section 2249c to read 

22 as follows: 

‘‘2249c. Authority to use appropriated funds for all costs of attendance of foreign students under Regional Defense Combating Terrorism 

Fellowship Program.’’. 
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1 SEC. 1214. HUMANITARIAN AND CIVIC ASSISTANCE WITH 

2 RESPECT TO THE DETECTION AND CLEAR3 ANCE OF LANDMINES AND EXPLOSIVE REM4 NANTS OF WAR. 

5 Chapter 20 of title 10, United States Code, is amend6 ed— 

7 (1) in section 401— 

8 (A) by striking paragraphs (a)(4), (c)(3), 

9 and (e)(5), and subparagraph (c)(2)(B); and 

10 (B) by redesignating paragraph (c)(4) as 

11 (c)(3); 

12 (2) at the end of such chapter, by adding the 

13 following new section: 

14 ‘‘§ 406. Humanitarian assistance with respect to the 

15 detection and clearance of landmines and 

16 explosive remnants of war 

17 ‘‘(a) IN GENERAL.—(1) Under regulations prescribed 

18 by the Secretary of Defense, United States Armed Forces 

19 and Department of Defense civilian technicians may pro20 vide on-site education, training, and technical assistance 

21 in support of the physical detection, clearance or destruc22 tion of landmines or explosive remnants of war in a foreign 

23 country, if these activities will promote— 

24 ‘‘(A) the security interests of both the United 

25 States and the country in which the activities are to 

26 be carried out; or 
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1 ‘‘(B) the specific operational readiness skills of 

2 the members of the armed forces who participate in 

3 the activities. 

4 ‘‘(2) The Secretary of Defense shall ensure that no 

5 U.S. military personnel, while providing assistance under 

6 this section— 

7 ‘‘(A) engages in the physical detection, clear8 ance or destruction of landmines or explosive rem9 nants of war (unless the member does so for the 

10 concurrent purpose of supporting a United States 

11 military operation); or 

12 ‘‘(B) provides such assistance as part of a mili13 tary operation that does not involve the U.S. Armed 

14 Forces. 

15 ‘‘(3) Humanitarian mine action assistance may not 

16 be provided under this section to any foreign country un17 less the Secretary of State specifically approves the provi18 sion of such assistance. 

19 ‘‘(b) AUTHORIZATION AND LIMITATIONS.—(1) To the 

20 extent provided in law, funds authorized to be appro21 priated to the Department of Defense for a fiscal year for 

22 humanitarian mine action assistance shall be used for the 

23 purpose of providing assistance under this section. 

24 ‘‘(2) Expenses covered include the following expenses 

25 incurred: 
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1 ‘‘(A) Travel, transportation, and subsistence ex2 penses of Department of Defense personnel pro3 viding such assistance. 

4 ‘‘(B) The cost of any equipment, services, 

5 transportation, or supplies acquired for the purpose 

6 of carrying out or supporting activities under this 

7 section, including any nonlethal, individual or small8 team landmine or explosive remnant of war clearing 

9 equipment or supplies that are to be transferred or 

10 otherwise furnished to a foreign country in further11 ance of the provision of assistance under this sec12 tion. 

13 ‘‘(C) The cost of equipment, services, transpor14 tation, and supplies provided in any fiscal year 

15 under paragraph (2)(B) may not exceed amounts 

16 appropriated for this purpose in any fiscal year. 

17 ‘‘(3) Assistance may not be provided to any foreign 

18 country under this section unless the Secretary of State 

19 specifically approves the provision of such assistance.’’; 

20 and 

21 (3) by adding at the end of the table of sections 

22 at the beginning of such chapter the following new 

23 item: 

‘‘406. Humanitarian assistance with respect to the detection and clearance of 

landmines and explosive remnants of war.’’. 
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1 SEC. 1215. MODIFICATION OF THE GEOGRAPHIC RESTRIC2 TION OF BILATERAL OR REGIONAL CO3 OPERATION PROGRAMS: PAYMENT OF PER4 SONNEL EXPENSES. 

5 Paragraph 1051(b)(1) of title 10, United States 

6 Code, is amended to read as follows: 

7 ‘‘(1) Except as provided in paragraphs (2) and (3), 

8 expenses authorized to be paid under subsection (a) may 

9 be paid on behalf of personnel from a developing country 

10 only in connection with travel to and within the area of 

11 responsibility of the unified combatant command (as such 

12 term is defined in section 161(c) of this title) or in connec13 tion with travel to Canada or Mexico.’’. 

14 SEC. 1216. TRAVEL EXPENSES SUPPORT OF COALITION LI15 AISON OFFICERS. 

16 Section 1051a of title 10, United States Code, is 

17 amended— 

18 (1) in subsection (b), by adding at the end the 

19 following new paragraph: 

20 ‘‘(3) The Secretary may pay the mission-related 

21 travel expenses of any foreign military officer in22 volved in coalition operations while temporarily as23 signed to the headquarters of a combatant com24 mand, component command, or subordinate oper25 ational command, when the commander directs 

26 round-trip travel from the assigned headquarters to 
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1 various locations and such travel is determined to be 

2 in support of United States national interests.’’; and 

3 (2) in subsection (e), by striking ‘‘2005’’ and 

4 inserting ‘‘2009’’. 

5 SEC. 1217. HUMANITARIAN AND CIVIC ASSISTANCE PRO6 VIDED TO HOST NATIONS IN CONJUNCTION 

7 WITH MILITARY OPERATIONS. 

8 Section 401 of title 10, United States Code is amend9 ed— 

10 (1) in subsection (c)(3), by striking 

11 ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’; and 

12 (2) in subsection (e)(1), by inserting ‘‘, includ13 ing education, training, and technical assistance re14 lated to the care provided’’ before the period at the 

15 end. 

16 SEC. 1218. EXPANSION OF HUMANITARIAN AND CIVIC AS17 SISTANCE TO INCLUDE DEVELOPING COMMU18 NICATIONS AND INFORMATION CAPACITY. 

19 Section 401 of title 10, United States Code, is 

20 amended— 

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

22 following new paragraph: 

23 ‘‘(5) Expenses covered by paragraph (1) include 

24 communications or information systems equipment 

25 or supplies that are to be transferred or otherwise 
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1 furnished to a foreign country in furtherance of the 

2 provision of assistance under this section.’’; and 

3 (2) in subsection (e), by adding at the end the 

4 following new paragraph: 

5 ‘‘(6) Restoring or developing the capacity of the 

6 host nation’s information and communications tech7 nology, including activities relating to the furnishing 

8 of education, training, and technical assistance with 

9 respect to information and communications tech10 nology.’’. 

11 TITLE XIII—COOPERATIVE 

12 THREAT REDUCTION WITH 

13 STATES OF THE FORMER SO14 VIET UNION 

15 SEC. 1301. PERMANENT WAIVER OF RESTRICTIONS ON USE 

16 OF FUNDS FOR THREAT REDUCTION IN 

17 STATES OF THE FORMER SOVIET UNION AND 

18 ELSEWHERE. 

19 Section 1306 of the National Defense Authorization 

20 Act for Fiscal Year 2003 (Public Law 106–136; 116 Stat. 

21 2673) is amended— 

22 (1) by striking subsections (c) and (d); and 

23 (2) by redesignating subsection (e) as sub24 section (c). 
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1 DIVISION B—MILITARY CON2 STRUCTION AUTHORIZA3 TIONS 

4 SEC. 2001. SHORT TITLE. 

5 This division may be cited as the ‘‘Military Construc6 tion Authorization Act for Fiscal Year 2006’’. 

7 TITLE XXI—ARMY 

8 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

9 ACQUISITION PROJECTS. 

10 (a) INSIDE THE UNITED STATES.—Using amounts 

11 appropriated pursuant to the authorization of appropria12 tions in section 2104(1), the Secretary of the Army may 

13 acquire real property and carry out military construction 

14 projects for the installations or locations inside the United 

15 States, and in the amounts set forth in the following table: 

Army: Inside the United States 

State Installation or location Amount 

Alaska ...................... Fort Wainwright .......................... $33,560,000 

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 Stewart/Hunter Army Air 

Field.

$57,980,000 

Hawaii ..................... Pohakuloa Training Area ............. $43,300,000 

Schofield Barracks ....................... $53,900,000 

Kansas ..................... Fort Riley..................................... $23,000,000 

Kentucky................. Fort Campbell .............................. $104,575,000 

Louisiana ................. Fort Polk ...................................... $28,887,000 

Missouri ................... Fort Leonard Wood ..................... $8,100,000 

New York ................ Fort Drum ................................... $63,650,000 

United States Military Academy, 

West Point.

$4,000,000 

North Carolina ........ Fort Bragg ................................... $289,850,000 
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Army: Inside the United States—Continued 

State Installation or location Amount 

Oklahoma ................ McAlester ..................................... $5,400,000 

Fort Sill ........................................ $2,700,000 

Texas ....................... Fort Hood .................................... $46,438,000 

Utah ........................ Dugway Proving Ground ............. $25,000,000 

Virginia ................... Fort A.P. Hill .............................. $2,700,000 

Fort Belvoir ................................. $18,000,000 

Fort Myer ..................................... $15,200,000 

Washington ............. Fort Lewis .................................... $99,949,000 

Total ..................................... $1,057,772,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(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 

6 United States, and in the amounts set forth in the fol7 lowing table: 

Army: Outside the United States 

Country Installation or location Amount 

Germany................... Grafenwoehr ................................... $84,081,000 

Italy.......................... Pisa ................................................. $5,254,000 

Korea ........................ Camp Humphreys ........................... $114,162,000 

Yongpyong ...................................... $1,450,000 

Total ....................................... $204,947,000 

8 SEC. 2102. FAMILY HOUSING. 

9 (a) CONSTRUCTION AND ACQUISITION.—Using 

10 amounts appropriated pursuant to the authorization of ap11 propriations in section 2104(5)(A), the Secretary of the 

12 Army may construct or acquire family housing units (in-
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1 cluding land acquisition and supporting facilities) at the 

2 installations or locations, for the purposes, and in the 

3 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 Ground .... 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 

4 (b) PLANNING AND DESIGN.—Using amounts appro5 priated pursuant to the authorization of appropriations in 

6 section 2104(5)(A), the Secretary of the Army may carry 

7 out architectural and engineering services and construc8 tion design activities with respect to the construction or 

9 improvement of family housing units in an amount not 

10 to exceed $17,536,000. 

11 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

12 UNITS. 

13 Subject to section 2825 of title 10, United States 

14 Code, and using amounts appropriated pursuant to the 

15 authorization of appropriations in section 2104(5)(A), the 

16 Secretary of the Army may improve existing military fam17 ily housing units in an amount not to exceed 

18 $300,400,000. 
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1 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal years beginning after September 30, 2005, for mili4 tary construction, land acquisition, and military family 

5 housing functions of the Department of the Army in the 

6 total amount of $2,842,470,000 as follows: 

7 (1) For military construction projects inside the 

8 United States authorized by section 2101(a), 

9 $1,079,901,000. 

10 (2) For military construction projects outside 

11 the United States authorized by section 2101(b), 

12 $218,547,000. 

13 (3) For unspecified minor military construction 

14 projects authorized by section 2805 of title 10, 

15 United States Code, $20,000,000. 

16 (4) For architectural and engineering services 

17 and construction design under section 2807 of title 

18 10, United States Code, $161,393,000. 

19 (5) For military family housing functions: 

20 (A) For construction and acquisition, plan21 ning and design, and improvement of military 

22 family housing and facilities, $549,636,000. 

23 (B) For support of military family housing 

24 (including the functions described in section 

25 2833 of title 10, United States Code), 

26 $812,993,000. 
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1 (6) For the construction of phase 2 of a bar2 racks complex at Fort Campbell, Kentucky, author3 ized by section 2101(a) of the Military Construction 

4 Authorization Act for Fiscal Year 2005 (division B 

5 of Public Law 108–375; 118 Stat. 2100), 

6 $24,650,000. 

7 (7) For the construction of phase 3 of the 

8 Lewis & Clark instructional facility at Fort Leaven9 worth, Kansas, authorized by section 2101(a) of the 

10 Military Construction Authorization Act for Fiscal 

11 Year 2004 (division B of Public Law 108–136; 117 

12 Stat. 1697), $42,642,000. 

13 (8) For the construction of phase 2 of trainee 

14 barracks basic training complex 1 at Fort Knox, 

15 Kentucky, authorized by section 2101(a) of the Mili16 tary Construction Authorization Act for Fiscal Year 

17 2005 (division B of Public Law 108–375; 118 Stat. 

18 2100), $21,000,000. 

19 (9) For the construction of phase 2 of a bar20 racks complex renewal at Fort Bragg, North Caro21 lina, authorized by section 2101(a) of the Military 

22 Construction Authorization Act for Fiscal Year 2005 

23 (division B of Public Law 108–375; 118 Stat. 

24 2100), $30,611,000. 
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1 (10) For the construction of phase 2 of a li2 brary and learning center at the United States Mili3 tary Academy, West Point, New York, authorized by 

4 section 2101(a) of the Military Construction Author5 ization Act for Fiscal Year 2005 (division B of Pub6 lic Law 108–375; 118 Stat. 2100), $25,470,000. 

7 (11) For the construction of phase 2 of a bar8 racks complex at Vilseck, Germany, authorized by 

9 section 2101(a) of the Military Construction Author10 ization Act for Fiscal Year 2004 (division B of Pub11 lic Law 108–136; 117 Stat. 1697), $13,600,000. 

12 (12) For the construction of phase 2 of a vehi13 cle maintenance facility at Schofield Barracks, Ha14 waii, authorized by section 2101(a) of the Military 

15 Construction Authorization Act for Fiscal Year 2005 

16 (division B of Public Law 108–375; 118 Stat. 

17 2100), $24,656,000. 

18 (13) For the construction of phase 2 of the 

19 Drum Road upgrade at Helemano Military Reserva20 tion, Hawaii, authorized by section 2101(a) of the 

21 Military Construction Authorization Act for Fiscal 

22 Year 2005 (division B of Public Law 108–375; 118 

23 Stat. 2100), $41,000,000. 
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1 TITLE XXII—NAVY 

2 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

3 ACQUISITION PROJECTS. 

4 (a) INSIDE THE UNITED STATES.—Using amounts 

5 appropriated pursuant to the authorization of appropria6 tions in section 2204(1), the Secretary of the Navy 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: 

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 

Marine Corps Base, Camp Pendleton.$90,437,000 

Naval Air Station, Lemoore ........... $8,480,000 

Naval Air Station, North Island .... $13,700,000 

Naval Air Warfare Center, China 

Lake.

$19,158,000 

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 

Georgia ...................... 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 

Maryland ................... Naval Air Warfare Center, Patuxent River.$5,800,000 

United States Naval Academy, Annapolis.$51,720,000 

New Jersey............... Naval Weapons Station, Earle ....... $16,652,000 

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.

$2,530,000 

Texas ......................... Naval Air Station, Kingsville ......... $6,010,000 
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Navy: Inside the United States—Continued 

State Installation or location Amount 

Virginia ..................... Marine Corps Air Field, Quantico $19,698,000 

Marine Corps Base, Quantico ........ $14,791,000 

Naval Air Station, Oceana ............. $11,680,000 

Naval Amphibious Base, Little 

Creek.

$36,034,000 

Naval Station, Norfolk ................... $111,033,000 

Washington ............... Naval Station, Everett ................... $70,950,000 

Naval Submarine Base, Bangor ..... $60,160,000 

Total ....................................... $939,498,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(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 

7 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

8 appropriated pursuant to the authorization of appropria9 tions in section 2204(3), the Secretary of the Navy may 

10 acquire real property and carry out military construction 

11 projects for unspecified installations or locations in the 

12 amount set forth in the following table: 
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Navy: Unspecified Worldwide 

Location Installation or location Amount 

Unspecified Worldwide ................... $83,010,000 

Total ....................................... $83,010,000 

1 SEC. 2202. FAMILY HOUSING. 

2 Using amounts appropriated pursuant to the author3 ization of appropriations in section 2204(5)(A), the Sec4 retary of the Navy may construct or acquire family hous5 ing units (including land acquisition and supporting facili6 ties) at the installations or locations, for the purposes and 

7 in the 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 

11 Code, and using amounts appropriated pursuant to the 

12 authorization of appropriations in section 2204(5)(A), the 

13 Secretary of the Navy may improve existing military fam14 ily housing units in an amount not to exceed 

15 $178,644,000. 
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1 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal years beginning after September 30, 2005, for mili4 tary construction, land acquisition, and military family 

5 housing functions of the Department of the Navy in the 

6 total amount of $1,841,851,000, as follows: 

7 (1) For military construction projects inside the 

8 United States authorized by section 2201(a), 

9 $935,134,000. 

10 (2) For military construction projects outside 

11 the United States authorized by section 2201(b), 

12 $25,584,000. 

13 (3) For the military construction projects at 

14 unspecified worldwide locations authorized by section 

15 2201(c), $39,019,000. 

16 (4) For architectural and engineering services 

17 and construction design under section 2807 of title 

18 10, United States Code, $29,512,000. 

19 (5) For military family housing functions: 

20 (A) For construction and acquisition, plan21 ning and design, and improvement of military 

22 family housing and facilities, $218,942,000. 

23 (B) For support of military family housing 

24 (including functions described in section 2833 

25 of title 10, United States Code), $593,660,000. 
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1 (6) For the construction of increment 2 of the 

2 Presidential Helicopter program support facility at 

3 Naval Air Station, Patuxent River, Maryland, au4 thorized by section 2201(c) of the Military Construc5 tion Authorization Act for Fiscal Year 2005 (divi6 sion B of Public Law 108–375; 118 Stat. 2100), 

7 $40,700,000. 

8 (7) For the construction of increment 2 of the 

9 hangar recapitalization and west apron at Naval Air 

10 Field, El Centro, California, authorized by section 

11 2201(a) of the Military Construction Authorization 

12 Act for Fiscal Year 2005 (division B of Public Law 

13 108–375; 118 Stat. 2100), $18,666,000. 

14 (8) For the construction of increment 3 of pier 

15 11 replacement at Naval Station, Norfolk, Virginia, 

16 authorized by section 2201(a) of the Military Con17 struction Authorization Act for Fiscal Year 2004 

18 (division B of Public Law 108–136; 117 Stat. 

19 1704), $40,200,000. 

20 (9) For the construction of increment 2 of the 

21 limited area production and storage complex at 

22 Naval Submarine Base, Bangor, Washington, au23 thorized by section 2201(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 $47,095,000. 

3 TITLE XXIII—AIR FORCE 

4 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

5 LAND ACQUISITION PROJECTS. 

6 (a) INSIDE THE UNITED STATES.—Using amounts 

7 appropriated pursuant to the authorization of appropria8 tions in section 2304(1), the Secretary of the Air Force 

9 may acquire real property and carry out military construc10 tion projects for the installations or locations inside the 

11 United States, and in the amounts set forth in the fol12 lowing table: 

Air Force: Inside the United States 

State Installation or location Amount 

Alabama .................... Maxwell Air Force Base ................. $14,900,000 

Alaska ....................... Clear Air 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 .................... $31,600,000 

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 ...................... 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 ................. $5,678,000 

Idaho ......................... Mountain Home Air Force Base .... $9,835,000 

Massachusetts ........... Hanscom Air Force Base ............... $10,000,000 

Mississippi ................. Keesler Air Force Base .................. $47,500,000 

Nebraska ................... Offutt Air Force Base .................... $50,280,000 
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Air Force: Inside the United States—Continued 

State Installation or location Amount 

Nevada ...................... Indian Springs Air Force Auxiliary 

Field.

$60,724,000 

Nellis Air Force Base ..................... $19,570,000 

New Jersey............... McGuire Air Force Base ................ $13,185,000 

New Mexico ............... Kirtland Air Force Base ................ $6,600,000 

North Dakota ........... Minot Air Force Base .................... $8,700,000 

Ohio .......................... Wright-Patterson Air Force Base .. $19,670,000 

Oklahoma .................. Tinker Air Force Base ................... $31,960,000 

South Carolina .......... Charleston Air Force Base ............. $2,583,000 

Shaw Air Force Base ..................... $9,730,000 

Texas ......................... Sheppard Air Force Base ............... $36,000,000 

Utah .......................... Hill Air Force Base ........................ $24,100,000 

Virginia ..................... Langley Air Force Base ................. $38,665,000 

Total ....................................... $907,285,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(2), the Secretary of the Air Force 

4 may acquire real property and carry out military construc5 tion projects for the installations or locations outside the 

6 United States, and in the amounts set forth in the fol7 lowing table: 

Air Force: Outside the United States 

Country Installation or location Amount 

Germany................... Ramstein Air Base ......................... $11,650,000 

Spangdahlem Air Base ................... $12,474,000 

Guam ........................ Andersen Air Force Base ............... $18,500,000 

Italy.......................... Aviano Air Base ............................. $22,660,000 

Korea ........................ Kunsan Air Base ............................ $50,900,000 

Osan Air Base ................................ $40,719,000 

Portugal .................... Lajes Field, Azores ......................... $12,000,000 

Turkey...................... Incirlik Air Base ............................. $5,780,000 

United Kingdom ....... Royal Air Force Lakenheath .......... $5,125,000 

Royal Air Force Mildenhall ............ $13,500,000 

Total ....................................... $193,308,000 
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1 SEC. 2302. FAMILY HOUSING. 

2 (a) CONSTRUCTION AND ACQUISITION.—Using 

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2304(5)(A), the Secretary of the 

5 Air Force may construct or acquire family housing units 

6 (including land acquisition and supporting facilities) at the 

7 installations or locations, for the purposes, and in the 

8 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 

District of 

Columbia.

Bolling Air Force Base ... 159 Units ....... $48,711,000 

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 Force Base 101 Units ....... $62,952,000 

Spangdahlem Air Force 

Base.

79 Units ......... $45,385,000 

Turkey......... Incirlik Air Force Base ... 100 Units ....... $22,730,000 

United 

Kingdom.

Royal Air Force 

Lakenheath.

107 Units ....... $48,437,000 

Total ....... $790,501,000 
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1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in 

3 section 2304(5)(A), the Secretary of the Air Force may 

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction 

6 or improvement of military family housing units in an 

7 amount not to exceed $40,404,000. 

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

9 UNITS. 

10 Subject to section 2825 of title 10, United States 

11 Code, and using amounts appropriated pursuant to the 

12 authorization of appropriations in section 2304(5)(A), the 

13 Secretary of the Air Force may improve existing military 

14 family housing units in an amount not to exceed 

15 $420,203,000. 

16 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

17 FORCE. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal years beginning after September 30, 2005, for mili20 tary construction, land acquisition, and military family 

21 housing functions of the Department of the Air Force in 

22 the total amount of $3,087,687,000, as follows: 

23 (1) For military construction projects inside the 

24 United States authorized by section 2301(a), 

25 $782,285,000. 
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1 (2) For military construction projects outside 

2 the United States authorized by section 2301(b), 

3 $193,308,000. 

4 (3) For unspecified minor military construction 

5 projects authorized by section 2805 of title 10, 

6 United States Code, $15,000,000. 

7 (4) For architectural and engineering services 

8 and construction design under section 2807 of title 

9 10, United States Code, $79,047,000. 

10 (5) For military family housing functions: 

11 (A) For construction and acquisition, plan12 ning and design, and improvement of military 

13 family housing and facilities, $1,251,108,000. 

14 (B) For support of military family housing 

15 (including functions described in section 2833 

16 of title 10, United States Code), $766,939,000. 

17 TITLE XXIV—DEFENSE 

18 AGENCIES 

19 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC20 TION AND LAND ACQUISITION PROJECTS. 

21 (a) INSIDE THE UNITED STATES.—Using amounts 

22 appropriated pursuant to the authorization of appropria23 tions in section 2403(1), the Secretary of Defense may 

24 acquire real property and carry out military construction 
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1 projects for the installations or locations inside the United 

2 States, and in the amounts set forth in the following table: 

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 

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 

Yuma Proving Ground, Arizona ..... $7,300,000 

Fort Bragg, North Carolina ........... $18,075,000 

Defense Education 

Agency.

Fort Stewart/Hunter Army Air 

Field, Georgia.

$16,629,000 

Augusta, Georgia ............................ $61,466,000 

National Security 

Agency.

Fort Meade, Maryland ................... $28,049,000 

Kunia, Hawaii ................................ $61,466,000 

Eglin Air Force Base, Florida ....... $12,800,000 

Special Operations .... Fort Bragg, North Carolina ........... $14,769,000 

Command .................. 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 

Beale Air Force Base, California ... $18,000,000 

Tri-Care Management 

Activity.

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 

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 
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1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2403(2), the Secretary of Defense may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the 

6 United States, and in the amounts set forth in the fol7 lowing table: 

Defense Agencies: Outside the United States 

Agency Installation or location Amount 

Defense Education 

Activity.

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 

Tri-Care Management 

Activity.

Bahrain, SWA ................................ $4,750,000 

Total ....................................... $124,075,000 

8 SEC. 2402. ENERGY CONSERVATION PROJECTS. 

9 Using amounts appropriated pursuant to the author10 ization of appropriations in section 2403(6), the Secretary 

11 of Defense may carry out energy conservation projects 

12 under section 2865 of title 10, United States Code, in the 

13 amount of $60,000,000. 
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1 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE2 FENSE AGENCIES. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal years beginning after September 30, 2005, for mili5 tary construction, land acquisition, and military family 

6 housing functions of the Department of Defense (other 

7 than the military departments) in the total amount of 

8 $3,349,914,000, as follows: 

9 (1) For military construction projects inside the 

10 United States authorized by section 2401(a), 

11 $698,809,000. 

12 (2) For military construction projects outside 

13 the 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 

17 States Code, $15,736,000. 

18 (4) For contingency construction projects of the 

19 Secretary of Defense under section 2804 of title 10, 

20 United States Code, $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 author25 ized by section 2402, $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 

4 Closure and Realignment Act of 1990 (part A of 

5 title XXIX of Public Law 101–510, as amended; 10 

6 U.S.C. 2687 note), $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 

11 title XXIX of Public Law 101–510, as amended; 10 

12 U.S.C. 2687 note), $1,880,466,000. 

13 (9) For military family housing functions: 

14 (A) For support of military family housing 

15 (including functions described in section 2833 

16 of title 10, United States Code), $46,391,000. 

17 (B) For credit to the Department of De18 fense Family Housing Improvement Fund es19 tablished by section 2883(a)(1) of title 10, 

20 United States 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 TITLE XXV—NORTH ATLANTIC 

4 TREATY ORGANIZATION SE5 CURITY INVESTMENT PRO6 GRAM 

7 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

8 ACQUISITION PROJECTS. 

9 The Secretary of Defense may make contributions for 

10 the North Atlantic Treaty Organization Security Invest11 ment Program as provided in section 2806 of title 10, 

12 United States Code, in an amount not to exceed the sum 

13 of the amount authorized to be appropriated for this pur14 pose in section 2502 and the amount collected from the 

15 North Atlantic Treaty Organization as a result of con16 struction previously financed by the United States. 

17 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal years beginning after September 30, 2005, for con20 tributions by the Secretary of Defense under section 2806 

21 of title 10, United States Code, for the share of the United 

22 States of the cost of projects for the North Atlantic Treaty 

23 Organization Security Investment Program authorized by 

24 section 2501, in the amount of $206,858,000. 
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1 TITLE XXVI—GUARD AND 

2 RESERVE FORCES FACILITIES 

3 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC4 TION AND LAND ACQUISITION PROJECTS. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal years beginning after September 30, 2005, for the 

7 costs of acquisition, architectural and engineering services, 

8 and construction of facilities for the reserve components, 

9 and for contributions therefore, under chapter 1803 of 

10 title 10, United States Code (including the cost of acquisi11 tion of land for those facilities), the following amounts: 

12 (1) For the Department of the Army— 

13 (A) for the Army National Guard of the 

14 United States, $327,012,000; and 

15 (B) for the Army Reserve, $106,077,000. 

16 (2) For the Department of the Navy, for the 

17 Naval and Marine Corps Reserve, $45,226,000. 

18 (3) For the Department of the Air Force— 

19 (A) for the Air National Guard of the 

20 United States, $165,256,000; and 

21 (B) for the Air Force Reserve, 

22 $79,260,000. 
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1 TITLE XXVII—EXPIRATION AND 

2 EXTENSION OF AUTHORIZA3 TIONS 

4 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND 

5 AMOUNTS REQUIRED TO BE SPECIFIED BY 

6 LAW. 

7 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

8 YEARS.—Except as provided in subsection (b), all author9 izations contained in titles XXI through XXVII for mili10 tary construction projects, land acquisition, family housing 

11 projects and facilities, and contributions to the North At12 lantic Treaty Organization Security Investment Program 

13 (and authorizations of appropriations therefore) shall ex14 pire on the later of— 

15 (1) October 1, 2008; or 

16 (2) the date of the enactment of an Act author17 izing funds for military construction for fiscal year 

18 2009. 

19 (b) EXCEPTION.—Subsection (a) shall not apply to 

20 authorizations for military construction projects, land ac21 quisition, family housing projects and facilities, and con22 tributions to the North Atlantic Treaty Organization Se23 curity Investment program (and authorizations of appro24 priations therefore), for which appropriated funds have 

25 been obligated before the later of— 
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1 (1) October 1, 2008; or 

2 (2) the date of the enactment of an Act author3 izing funds for fiscal year 2009 for military con4 struction projects, land acquisition, family housing 

5 projects and facilities, or contributions to the North 

6 Atlantic Treaty Organization Security Investment 

7 program. 

8 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

9 FISCAL YEAR 2003 PROJECTS. 

10 (a) EXTENSION.—Notwithstanding section 2701 of 

11 the Military Construction Authorization Act for Fiscal 

12 Year 2003 (division B of Public Law 107–314; 116 Stat. 

13 2681), authorizations set forth in the tables in subsection 

14 (b), as provided in sections 2301, 2302, and 2401 of that 

15 Act, shall remain in effect until October 1, 2006, or the 

16 date of the enactment of an Act authorizing funds for mili17 tary construction for fiscal year 2007, whichever is later. 

18 (b) TABLES.—The tables referred to in subsection (a) 

19 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 
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Air Force: Extension of 2003 Project 

Authorizations—Continued 

State Installation or location Project Amount 

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 

Authorizations 

Agency Installation or location Project Amount 

Special Operations 

Command.

Stennis Space Center, 

Mississippi.

SOF Training 

Range.

$5,000,000 

1 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2002 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2701 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2002 (division B of Public Law 107–107; 115 Stat. 

6 1280), authorizations set forth in the tables in subsection 

7 (b), as provided in sections 2101 and 2302 of that Act, 

8 shall remain in effect until October 1, 2005, or the date 

9 of the enactment of an Act authorizing funds for military 

10 construction for fiscal year 2006, whichever is later. 
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1 (b) TABLES.—The tables referred to in subsection (a) 

2 are as follows: 

Army: Extension of 2002 Project Authorization 

State Installation or location Project Amount 

Hawaii ......... Pohakuloa Tng Area ....... 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 

3 TITLE XXVIII—GENERAL 

4 PROVISIONS 

5 Subtitle A—Military Construction 

6 and Military Family Housing 

7 SEC. 2801. STREAMLINING MILITARY CONSTRUCTION TO 

8 REDUCE FACILITY ACQUISITION AND CON9 STRUCTION CYCLE TIME. 

10 (a) THRESHOLDS.—(1) Section 2803(c)(1) of title 

11 10, United States Code, is amended by striking 

12 ‘‘$45,000,000’’ and inserting ‘‘$60,000,000’’. 

13 (2) Section 2805 of title 10, United States Code, is 

14 amended— 

15 (A) in subsection (a)(1)— 

16 (i) by striking ‘‘$1,500,000’’ and inserting 

17 ‘‘$3,000,000’’; and 
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1 (ii) by striking the last sentence; 

2 (B) in subsection (b)(1), by striking 

3 ‘‘$750,000’’ and inserting ‘‘$1,500,000’’; and 

4 (C) in subsection (c)(1), by striking everything 

5 following ‘‘more than’’ through the period at the end 

6 of subparagraph (B) and inserting ‘‘$3,000,000.’’. 

7 (b) CONGRESSIONAL NOTIFICATION.—(1) Subsection 

8 (b) of section 2803 of title 10, United States Code, is 

9 amended by striking the last sentence. 

10 (2) Subsection (b) of section 2804 of title 10, United 

11 States Code, is amended by striking the last sentence. 

12 (3) Section 2805(b)(1) of title 10, United States 

13 Code, is amended by inserting at the end the following 

14 new sentence: ‘‘This paragraph shall not apply to unspec15 ified minor military construction projects using funds 

16 made available for operation and maintenance in accord17 ance with subsection (c).’’. 

18 (4) Section 2807 of title 10, United States Code, is 

19 amended— 

20 (A) by striking subsection (b); 

21 (B) by redesignating subsections (c) and (d) as 

22 subsections (b) and (c), respectively; and 

23 (C) in subsection (b), as redesignated— 

24 (i), by striking ‘‘(1)’’; and 
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1 (ii) by striking ‘‘, and (2)’’ and everything 

2 that follows up to the end of the sentence. 

3 (5) Section 2813(c) of title 10, United States Code, 

4 is amended— 

5 (A) by striking ‘‘30-day’’ and inserting ‘‘14- 

6 day’’; and 

7 (B) by striking ‘‘21-day’’ and inserting ‘‘7- 

8 day’’. 

9 (6) Subsection (b) of section 2854 of title 10, United 

10 States Code, is amended by striking the last sentence. 

11 (c) COST VARIATIONS.—Section 2853(a) of title 10, 

12 United States Code, is amended by striking ‘‘or 200 per13 cent of the minor construction project ceiling specified in 

14 section 2805(a)(1), whichever is less,’’. 

15 (d) CODIFICATION OF COMMITTEE LANGUAGE.— 

16 Subsection (e) of section 2811 of title 10, United States 

17 Code, is amended by adding at the end the following new 

18 sentence: ‘‘A repair project and a military construction 

19 project may be combined so long as, taken together, they 

20 result in a complete and usable facility or a complete and 

21 usable improvement to an existing facility.’’. 

22 SEC. 2802. PURCHASE OF BUILD-TO-LEASE FAMILY HOUS23 ING AT EIELSON AIRFORCE BASE, ALASKA. 

24 (a) AUTHORITY TO PURCHASE.—The Secretary of 

25 the Air Force may purchase the entire interest of the de-
223 

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1 veloper in the military family housing project at Eielson 

2 Air Force Base, Alaska, described in subsection (b) if the 

3 Secretary determines that the purchase is in the best eco4 nomic interests of the Air Force. 

5 (b) DESCRIPTION OF PROJECT.—The military family 

6 housing project referred to in this section is the 300-unit 

7 military family housing project at Eielson Air Force Base 

8 that was constructed by the developer and is leased by 

9 the Secretary under the authority of former subsection (g) 

10 of section 2828 of title 10, United States Code (now sec11 tion 2835 of such title), as added by section 801 of the 

12 Military Construction Authorization Act, 1984 (Public 

13 Law 98–115; 97 Stat. 782). 

14 (c) PURCHASE PRICE.—The purchase price to be 

15 paid by the Secretary under this section for the interest 

16 of the developer in the military family housing project may 

17 not exceed an amount equal to the fair market value of 

18 the military family housing project. 

19 (d) TIME FOR PURCHASE.—(1) Subject to paragraph 

20 (2), the Secretary may elect to make the purchase author21 ized by subsection (a) at any time after the term of the 

22 lease for the military family housing project. 

23 (2) The Secretary may not make the purchase until 

24 30 days after the date on which the Secretary notifies the 
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1 congressional defense committees of the Secretary’s elec2 tion to make the purchase under paragraph (1). 

3 SEC. 2803. REPEAL REQUIREMENT TO DETERMINE THE 

4 AVAILABILITY OF SUITABLE ALTERNATIVE 

5 HOUSING FOR ACQUISITION IN LIEU OF CON6 STRUCTION OF NEW FAMILY HOUSING. 

7 (a) IN GENERAL.—Section 2823 of title 10, United 

8 States Code, is repealed. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of chapter 169 of such title is amended 

11 by striking the item relating to section 2823. 

12 SEC. 2804. IMPROVEMENTS AT FORT BUCHANAN FOR RE13 SERVE COMPONENT FACILITIES. 

14 Paragraph 1507(b)(2) of the Floyd D. Spence Na15 tional Defense Authorization Act for Fiscal Year 2001 

16 (Public Law 106–398; 114 Stat. 1654A–355) is amended 

17 to read as follows: 

18 ‘‘(2) The construction, conversion, rehabilitation, ex19 tension, and improvement of reserve component facilities 

20 and nonappropriated fund facilities.’’. 

21 SEC. 2805. INCREASE IN NUMBER OF HIGH-COST LEASES 

22 FOR ARMY FAMILY HOUSING IN KOREA. 

23 Section 2828(e)(4) of title 10, United States Code, 

24 is amended by striking ‘‘2,400’’ and inserting ‘‘2,800’’. 
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1 Subtitle B—Real Property and 

2 Facilities Administration 

3 SEC. 2811. EXPAND AUTHORITY TO CONVEY PROPERTY AT 

4 MILITARY INSTALLATIONS TO SUPPORT MILI5 TARY CONSTRUCTION. 

6 (a) EXPANSION OF AUTHORITY.—Section 2869(a) of 

7 title 10, United States Code, is amended by striking ‘‘base 

8 closure law’’ and inserting ‘‘base closure law or otherwise 

9 determined to be surplus to the needs of the federal gov10 ernment’’. 

11 (b) CLERICAL AMENDMENTS.—(1) The heading for 

12 such section is amended to read as follows: 

13 ‘‘§ 2869. Conveyance of property at military installa14 tions to support military construction’’. 

15 (2) The table of sections at the beginning of chapter 

16 169 of such title is amended by striking the item relating 

17 to section 2869 and inserting the following new item: 

‘‘§ 2869. Conveyance of property at military installations to support military 

construction.’’. 

18 Subtitle C—Other Matters 

19 SEC. 2821. STREAMLINING REAL PROPERTY ACTIONS TO 

20 REDUCE CYCLE TIME. 

21 (a) AMENDMENT TO SECTION 2662.—Section 2662 

22 of title 10, United States Code, is amended— 

23 (1) by amending subsection (a) to read as fol24 lows: 
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1 ‘‘(a) GENERAL NOTICE AND WAIT REQUIRE2 MENTS.—The Secretary concerned shall provide a report 

3 of the facts concerning the proposed transaction to the 

4 Committee on Armed Services of the Senate and the Com5 mittee on Armed Services of the House of Representatives 

6 if the estimated price, annual rental, or value exceeds the 

7 unspecified minor military construction ceiling in section 

8 2805(a)(1) of this title. Such transactions are— 

9 ‘‘(1) an acquisition of fee title to any real prop10 erty; 

11 ‘‘(2) a lease of any real property to the United 

12 States; 

13 ‘‘(3) a lease or license of real property owned 

14 by the United States; 

15 ‘‘(4) a transfer of real property owned by the 

16 United States to another Federal agency or another 

17 military department or to a State; 

18 ‘‘(5) a report of excess real property owned by 

19 the United States to a disposal agency; or 

20 ‘‘(6) any termination or modification by either 

21 the grantor or grantee of an existing license or per22 mit to a military department of real property owned 

23 by the United States, under which substantial in24 vestments have been or are proposed to be made in 
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1 connection with the use of the property by the mili2 tary department.’’; 

3 (2) in subsection (b), by striking ‘‘$750,000’’ 

4 and inserting ‘‘the unspecified minor military con5 struction project ceiling in section 2805(a)(1) of this 

6 title’’; and 

7 (3) in subsection (e), by striking ‘‘$750,000’’ 

8 and inserting ‘‘the unspecified minor military con9 struction project ceiling in section 2805(a)(1) of this 

10 title’’. 

11 (b) AMENDMENT TO SECTION 2672.—Section 2672 

12 of such title is amended)— 

13 (1) in subparagraph (a)(1)(B), by striking 

14 ‘‘$750,000’’ and inserting ‘‘the unspecified minor 

15 military construction project ceiling insection 

16 2805(a)(1) of this title’’; 

17 (2) in subsection (a)— 

18 (A) by striking ‘‘(1)’’; 

19 (B) by striking paragraph (2); and 

20 (C) by redesignating the remaining sub21 paragraphs (A) and (B) as paragraphs (1) and 

22 (2), respectively; and 

23 (3) in subsection (b), by striking ‘‘$750,000’’ 

24 and everything that follows through the period at 

25 the end of the sentence and inserting ‘‘the unspec-
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1 ified minor military construction project ceiling in 

2 section 2805(a)(1) of this title.’’. 

Æ