287 
(A) The cost of providing such services and 
benefits. 
(B) The feasibility of providing such serv-
ices and benefits. 
(C) An assessment of the health care benefits 
of providing such services and benefits. 
(D) An estimate of the potential cost sav-
ings of providing such services and benefits in 
lieu of other medical services. 
(3) SPACE AVAILABLE COSTS.—The study shall 
also include a detailed analysis of the projected costs 
of providing chiropractic health care services on a 
space available basis in the military treatment facili-
ties currently providing chiropractic care under sec-
tion 702 of the Floyd D. Spence National Defense Au-
thorization Act of Fiscal Year 2001 (as enacted by 
Public Law 106–398; 10 U.S.C. 1092 note). 
(4) ELIGIBLE DEPENDENTS DEFINED.—In this 
section, the term ‘‘eligible dependent’’ has the mean-
ing given that term in section 1076a(k) of title 10, 
United States Code. 
(b) PLAN REQUIRED.—Not later than March 31, 2006, 
the Secretary of Defense shall revise the plan required under 
section 702 of the Floyd D. Spence National Defense Au-
thorization Act of Fiscal Year 2001 (as enacted by Public
288 
Law 106–398; 10 U.S.C. 1092 note), including a detailed 
analysis of the projected costs, to provide chiropractic health 
care services and benefits as a permanent part of the De-
fense Health Program (including the TRICARE program) 
as required under that section. 
(c) REPORT REQUIRED.—Not later than March 31, 
2006, the Secretary of Defense shall submit a report on the 
study required under subsection (a), together with the plan 
required under subsection (b), to the Committees on Armed 
Services of the Senate and the House of Representatives. 
SEC. 
705. 
SURVIVING-DEPENDENT 
ELIGIBILITY 
UNDER 
TRICARE 
DENTAL 
PLAN 
FOR 
SURVIVING 
SPOUSES WHO WERE ON ACTIVE DUTY AT 
TIME OF DEATH OF MILITARY SPOUSE. 
Section 1076a(k) of title 10, United States Code, is 
amended to read as follows: 
‘‘(k) ELIGIBLE DEPENDENT DEFINED.—(1) In this 
section, the term ‘eligible dependent’ means a dependent de-
scribed in subparagraph (A), (D), or (I) of section 1072(2) 
of this title. 
‘‘(2) Such term includes any such dependent of a mem-
ber who dies while on active duty for a period of more than 
30 days or a member of the Ready Reserve if, on the date 
of the death of the member, the dependent—
289 
‘‘(A) is enrolled in a dental benefits plan estab-
lished under subsection (a); or 
‘‘(B) if not enrolled in such a plan on such 
date— 
‘‘(i) is not enrolled by reason of a dis-
continuance of a former enrollment under sub-
section (f); or 
‘‘(ii) is not qualified for such enrollment be-
cause— 
‘‘(I) the dependent is a child under the 
minimum age for such enrollment; or 
‘‘(II) the dependent is a spouse who is 
a member of the armed forces on active duty 
for a period of more than 30 days. 
‘‘(3) Such term does not include a dependent by reason 
of paragraph (2) after the end of the three-year period be-
ginning on the date of the member’s death.’’. 
SEC. 706. EXCEPTIONAL ELIGIBILITY FOR TRICARE PRIME 
REMOTE. 
Section 1079(p) of title 10, United States Code, is 
amended— 
(1) by redesignating paragraph (4) as para-
graph (5); and 
(2) by inserting after paragraph (3) the fol-
lowing new paragraph:
290 
‘‘(4) The Secretary of Defense may provide for 
coverage of a dependent referred to in subsection (a) 
who is not described in paragraph (3) if the Secretary 
determines that exceptional circumstances warrant 
such coverage.’’. 
Subtitle B—Other Matters 
SEC. 711. AUTHORITY TO RELOCATE PATIENT SAFETY CEN-
TER; RENAMING MEDTEAMS PROGRAM. 
(a) REPEAL OF REQUIREMENT TO LOCATE THE DE-
PARTMENT OF DEFENSE PATIENT SAFETY CENTER WITHIN 
THE ARMED FORCES INSTITUTE OF PATHOLOGY .—Sub-
section (c)(3) of section 754 of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (Public 
Law 106–398; 114 Stat. 1654–196) is amended by striking 
‘‘within the Armed Forces Institute of Pathology’’. 
(b) RENAMING MEDTEAMS PROGRAM.—Subsection (d) 
of such section is amended by striking ‘‘MEDTEAMS’’ in the 
heading and inserting ‘‘
MEDICAL TEAM TRAINING’’. 
SEC. 712. MODIFICATION OF HEALTH CARE QUALITY INFOR-
MATION AND TECHNOLOGY ENHANCEMENT 
REPORTING REQUIREMENT. 
Section 723(e) of the National Defense Authorization 
Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 
697) is amended by striking paragraphs (1) through (4) 
and inserting the following:
291 
‘‘(1) Measures of the quality of health care fur-
nished. 
‘‘(2) Population health. 
‘‘(3) Patient safety. 
‘‘(4) Patient satisfaction. 
‘‘(5) The extent of use of evidence-based health 
care practices. 
‘‘(6) The effectiveness of biosurveillance in detect-
ing an emerging epidemic.’’. 
SEC. 713. CORRECTION TO ELIGIBILITY OF CERTAIN RE-
SERVE OFFICERS FOR MILITARY HEALTH 
CARE PENDING ACTIVE DUTY FOLLOWING 
COMMISSIONING. 
(a) 
CORRECTION.—Clause 
(iii) 
of 
section 
1074(a)(2)(B) of title 10, United States Code, is amended 
by inserting before the semicolon the following: ‘‘or the or-
ders have been issued but the member has not entered active 
duty’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect as of November 24, 2003, and 
as if included in the enactment of paragraph (2) of section 
1074(a) of title 10, United States Code, by section 708 of 
the National Defense Authorization Act for Fiscal Year 
2004 (Public Law 108–136; 117 Stat. 1530).
292 
SEC. 714. PROHIBITION ON CONVERSIONS OF MILITARY 
MEDICAL POSITIONS TO CIVILIAN MEDICAL 
POSITIONS UNTIL SUBMISSION OF CERTIFI-
CATION. 
(a) PROHIBITION ON CONVERSIONS.—A Secretary of 
a military department may not convert any military med-
ical position to a civilian medical position until the Sec-
retary submits to the Committees on Armed Services of the 
Senate and the House of Representatives a certification that 
the conversions within that department will not increase 
cost or decrease quality of care or access to care. Such a 
certification may not be submitted before April 1, 2006. A 
Secretary submitting such a certification shall include with 
the certification a report in writing setting forth the meth-
odology used by the Secretary in making the determinations 
necessary for the certification, including the extent to which 
the Secretary took into consideration the findings of the 
Comptroller General in the report under subsection (d). 
(b) REQUIREMENT
FOR STUDY.—The Comptroller 
General shall conduct a study on the effect of conversions 
of military medical positions to civilian medical positions 
on the defense health program. 
(c) MATTERS COVERED.—The study shall include the 
following:
293 
(1) The number of military medical positions, by 
grade and specialty, planned for conversion to civil-
ian medical positions. 
(2) The number of military medical positions, by 
grade and specialty, converted to civilian medical po-
sitions since October 1, 2004. 
(3) The ability of the military health care system 
to fill the civilian medical positions required, by spe-
cialty. 
(4) The degree to which access to health care is 
affected in both the direct and purchased care system, 
including an assessment of the effects of any increased 
shifts in patient load from the direct care to the pur-
chased care system, or any delays in receipt of care 
in either the direct or purchased care system because 
of lack of direct care providers. 
(5) The degree to which changes in military 
manpower requirements affect recruiting and reten-
tion of uniformed medical personnel. 
(6) The effect of the conversions of military med-
ical positions to civilian medical positions on the de-
fense health program, including costs associated with 
the conversions, with a comparison of the estimated 
costs versus the actual costs incurred by the number 
of conversions since October 1, 2004.
294 
(7) The effectiveness of the conversions in en-
hancing medical readiness, health care efficiency, pro-
ductivity, quality, and customer satisfaction. 
(d) REPORT.—Not later than March 1, 2006, the 
Comptroller General shall submit to the Committees on 
Armed Services of the Senate and House of Representatives 
a report containing the results of the study under this sec-
tion. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘military medical position’’ means 
a position for the performance of health care functions 
within the Armed Forces held by a member of the 
Armed Forces. 
(2) The term ‘‘civilian medical position’’ means 
a position for the performance of health care functions 
within the Department of Defense held by an em-
ployee of the Department or of a contractor of the De-
partment. 
SEC. 715. CLARIFICATION OF INCLUSION OF DENTAL CARE 
IN 
MEDICAL 
READINESS 
TRACKING 
AND 
HEALTH SURVEILLANCE PROGRAM. 
(a) INCLUSION OF DENTAL CARE.—Subtitle D of title 
VII of the Ronald W. Reagan National Defense Authoriza-
tion Act for Fiscal Year 2005 (Public Law 108–375; 10
295 
U.S.C. 1074 note) is amended by adding at the end the fol-
lowing new section: 
‘‘SEC. 740. INCLUSION OF DENTAL CARE. 
‘‘For purposes of the plan, this title, and the amend-
ments made by this title, references to medical readiness, 
health status, and health care shall be considered to include 
dental readiness, dental status, and dental care.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of title VII of such Act and in section 2(b) 
of such Act are each amended by inserting after the item 
relating to section 740 the following: 
‘‘Sec. 740. Inclusion of dental care.’’ . 
SEC. 716. COOPERATIVE OUTREACH TO MEMBERS AND 
FORMER MEMBERS OF THE NAVAL SERVICE 
EXPOSED TO ENVIRONMENTAL FACTORS RE-
LATED TO SARCOIDOSIS. 
(a) OUTREACH PROGRAM REQUIRED.—The Secretary 
of the Navy, in coordination with the Secretary of Veterans 
Affairs, shall conduct an outreach program to contact all 
members and former members of the naval service who, in 
connection with service aboard Navy ships may have been 
exposed to aerosolized particles resulting from the removal 
of nonskid coating used on those ships. 
(b) PURPOSES OF OUTREACH PROGRAM.—The pur-
poses of the outreach program are as follows:
296 
(1) To develop additional data for use in subse-
quent studies aimed at determining a causative link 
between sarcoidosis and military service. 
(2) To inform members and former members 
identified in subsection (a) of the findings of Navy 
studies identifying an association between service 
aboard certain naval ships and sarcoidosis. 
(3) To assist members and former members iden-
tified in subsection (a) in getting medical evaluations 
to help clarify linkages between their disease and 
their service aboard Navy ships. 
(4) To ensure the Department of Veterans Affairs 
has data and information for the effective evaluation 
of veterans who may seek care for sarcoidosis. 
(c) IMPLEMENTATION.—The Secretary of the Navy 
shall begin the outreach program not later than six months 
after the date of the enactment of this act and provide to 
the Committees on Armed Services of the Senate and the 
House of Representatives a report on the results of the out-
reach programs not later than one year after beginning the 
program.
297 
SEC. 717. EARLY IDENTIFICATION AND TREATMENT OF 
MENTAL HEALTH AND SUBSTANCE ABUSE 
DISORDERS. 
(a) AUTHORITY.—The Secretary of Defense may carry 
out activities to foster the early identification and treat-
ment of mental health and substance abuse problems experi-
enced by members of the Armed Forces, with special empha-
sis on members who have served in a theater of combat oper-
ations within the preceding 12 months. 
(b) ACTIVITIES.—The activities carried out by the Sec-
retary under subsection (a) may include the conduct of a 
series of campaigns that uses internal mass media (includ-
ing radio and television) communications and other edu-
cation tools to change attitudes within the Armed Forces 
regarding mental health and substance abuse treatment, 
with the aim of lessening the stigma associated with mental 
health and substance abuse problems and the treatment of 
such problems, including the development of pertinent mes-
saging targeted to— 
(1) members of the Armed Forces who may be ex-
periencing mental health or substance abuse problems 
and their family members; 
(2) commanders and supervisory personnel; and 
(3) peers of members of the Armed Forces who 
may be experiencing mental health or substance abuse 
problems or be at risk of such problems.
298 
TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS 
Subtitle A—Provisions Relating to Major Defense Acquisition Programs 
Sec. 801. Requirement for certification by Secretary of Defense before major de-
fense acquisition program may proceed to Milestone B. 
Sec. 802. Requirement for analysis of alternatives to major defense acquisition 
programs. 
Sec. 803. Authority for Secretary of Defense to revise baseline for major defense 
acquisition programs. 
Subtitle B—Acquisition Policy and Management 
Sec. 811. Applicability of statutory executive compensation cap made prospective. 
Sec. 812. Use of commercially available online services for Federal procurement 
of commercial items. 
Sec. 813. Contingency contracting corps. 
Sec. 814. Requirement for contracting operations to be included in interagency 
planning related to stabilization and reconstruction. 
Sec. 815. Statement of policy and report relating to contracting with employers 
of persons with disabilities. 
Sec. 816. Study on Department of Defense contracting with small business con-
cerns owned and controlled by service-disabled veterans. 
Sec. 817. Prohibition on procurement from beneficiaries of foreign subsidies. 
Subtitle C—Amendments to General Contracting Authorities, Procedures, and 
Limitations 
Sec. 821. Increased flexibility for designation of critical acquisition positions in 
defense acquisition workforce. 
Sec. 822. Participation by Department of Defense in acquisition workforce train-
ing fund. 
Sec. 823. Increase in cost accounting standard threshold. 
Sec. 824. Amendments to domestic source requirements relating to clothing mate-
rials and components covered. 
Sec. 825. Rapid acquisition authority to respond to defense intelligence commu-
nity emergencies.
299 
Subtitle A—Provisions Relating to 
Major Defense Acquisition Pro-
grams 
SEC. 801. REQUIREMENT FOR CERTIFICATION BY SEC-
RETARY OF DEFENSE BEFORE MAJOR DE-
FENSE ACQUISITION PROGRAM MAY PRO-
CEED TO MILESTONE B. 
(a) CERTIFICATION REQUIREMENT.—Chapter 139 of 
title 10, United States Code, is amended by inserting after 
section 2366 the following new section: 
‘‘§ 2366a. Major defense acquisition programs: certifi-
cation required before Milestone B or Key 
Decision Point B approval 
‘‘(a) CERTIFICATION.—A major defense acquisition 
program may not receive Milestone B approval, or Key De-
cision Point B approval in the case of a space program, 
until the Secretary of Defense certifies that— 
‘‘(1) the technology in the program has been 
demonstrated in a relevant environment; 
‘‘(2) the program demonstrates a high likelihood 
of accomplishing its intended mission; 
‘‘(3) the program is affordable when considering 
the per unit cost and the total acquisition cost in the 
context of the total resources available during the pe-
riod covered by the future-years defense program sub-
300 
mitted during the fiscal year in which the certifi-
cation is made; 
‘‘(4) the program is affordable when considering 
the ability of the Department of Defense to accomplish 
the program’s mission using alternative systems; 
‘‘(5) the Joint Requirements Oversight Council 
has accomplished its duties with respect to the pro-
gram pursuant to section 181(b) of this title, includ-
ing an analysis of the operational requirements for 
the program; and 
‘‘(6) the program complies with all relevant poli-
cies, regulations, and directives of the Department of 
Defense. 
‘‘(b) SUBMISSION TO CONGRESS.—The certification re-
quired under subsection (a) with respect to a major defense 
acquisition program shall be submitted to the congressional 
defense committees at least 30 days before approval of Mile-
stone B or Key Decision Point B. 
‘‘(c) WAIVER
FOR NATIONAL SECURITY.—The Sec-
retary may waive the applicability of the certification re-
quirement under subsection (a) to a major defense acquisi-
tion program if the Secretary determines that, but for such 
a waiver, the Department would be unable to meet national 
security objectives. Whenever the Secretary makes such a de-
termination and authorizes such a waiver, the Secretary
301 
shall submit notice of such waiver and of the Secretary’s 
determination, and the reasons for the determination, in 
writing to the congressional defense committees within 30 
days after authorizing the waiver. 
‘‘(d) NONDELEGATION.—The Secretary may not dele-
gate the certification requirement under subsection (a) or 
the authority to waive such requirement under subsection 
(d). 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘major defense acquisition pro-
gram’ means a Department of Defense acquisition 
program that is a major defense acquisition program 
for purposes of section 2430 of this title. 
‘‘(2) The term ‘Milestone B approval’ has the 
meaning provided that term in section 2366(e)(7) of 
this title. 
‘‘(3) The term ‘Key Decision Point B’ means the 
official program initiation of a National Security 
Space program of the Department of Defense, which 
triggers a formal review to determine maturity of 
technology and the program’s readiness to begin the 
preliminary system design.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 2366 the following new item:
302 
‘‘2366a. Major defense acquisition programs: certification required before Mile-
stone B approval or Key Decision Point B approval.’’. 
SEC. 802. REQUIREMENT FOR ANALYSIS OF ALTERNATIVES 
TO 
MAJOR 
DEFENSE 
ACQUISITION 
PRO-
GRAMS. 
(a) ANALYSIS
OF ALTERNATIVES REQUIREMENT.— 
Chapter 144 of title 10, United States Code, is amended 
by inserting after section 2433 the following new section: 
‘‘§ 2433a. Analysis of alternatives 
‘‘(a) REQUIREMENT IF UNIT COSTS EXCEED 15 PER-
CENT.—If the percentage increase in the program acquisi-
tion unit cost or procurement unit cost of a major defense 
acquisition program (as determined by the Secretary con-
cerned under section 2433(d)(3) of this title) exceeds 15 per-
cent, then the Secretary concerned shall initiate an analysis 
of alternatives for the major defense acquisition program, 
in accordance with this section. 
‘‘(b) MATTERS COVERED
IN ANALYSIS
OF ALTER-
NATIVES.—An analysis of alternatives for a major defense 
acquisition program shall include, at a minimum, the fol-
lowing: 
‘‘(1) Projected cost to complete the program if 
current requirements are not modified. 
‘‘(2) Projected cost to complete the program 
based on potential modifications to the requirements.
303 
‘‘(3) Projected cost to complete the program 
based on design modifications, enhancements to the 
producibility of the program, and manufacturing effi-
ciencies. 
‘‘(4) Projected cost and capabilities of the pro-
gram that could be delivered within the originally au-
thorized budget for the program, including any in-
crease or decrease in capability. 
‘‘(5) Projected cost for an alternative system or 
capability. 
‘‘(c) COMPLETION AND SUBMISSION TO CONGRESS.— 
With respect to any analysis of alternatives initiated under 
this section, the Secretary— 
‘‘(1) shall complete the analysis not later than 1 
year after the date of initiation; and 
‘‘(2) shall submit the analysis to the congres-
sional defense committees not later than 30 days after 
the date of completion.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘2433a. Analysis of alternatives.’’.
304 
SEC. 803. AUTHORITY FOR SECRETARY OF DEFENSE TO RE-
VISE BASELINE FOR MAJOR DEFENSE ACQUI-
SITION PROGRAMS. 
(a) AUTHORITY.—Section 2433(e)(2) of title 10, 
United States Code, is amended— 
(1) by redesignating clauses (i) through (iv) of 
subparagraph (A) as subclauses (I) through (IV), re-
spectively; 
(2) by redesignating subparagraphs (A) and (B) 
as clauses (i) and (ii); and 
(3) by inserting after ‘‘the Secretary of Defense 
shall’’ the following: ‘‘either (A) return the program 
to Milestone B or to Key Decision Point B in the case 
of a space system, conduct a re-baseline for the pro-
gram under section 2435(d), and notify the congres-
sional defense committees of such return and revision, 
or (B)’’. 
(b) BASELINE DESCRIPTION.—Section 2435(a)(1) of 
such title is amended by adding at the end the following: 
‘‘The baseline shall be the baseline used for all purposes 
under this chapter.’’. 
(c) RE-BASELINE AUTHORIZED.—Section 2435 of such 
title is amended— 
(1) by redesignating subsection (d) as subsection 
(e); and
305 
(2) by inserting after subsection (c) the following 
new subsection: 
‘‘(d) RE-BASELINING.— 
‘‘(1) RE-BASELINE AUTHORIZED.—For purposes 
of this chapter, a baseline for a major defense acquisi-
tion program may be re-baselined only if a percent-
age increase in program acquisition unit cost or pro-
curement unit cost of the program exceeding 25 per-
cent occurs (as determined by the Secretary under sec-
tion 2433(d)). 
‘‘(2) NOTIFICATION TO CONGRESS OF RE-BASE-
LINING.—The Secretary shall notify the congressional 
defense committees not later than 30 days after a re- 
baselining has been conducted for a major defense ac-
quisition program.’’. 
Subtitle B—Acquisition Policy and 
Management 
SEC. 811. APPLICABILITY OF STATUTORY EXECUTIVE COM-
PENSATION CAP MADE PROSPECTIVE. 
(a) PROSPECTIVE APPLICABILITY OF EXECUTIVE COM-
PENSATION CAP.—Section 808(e)(2) of Public Law 105–85 
(41 U.S.C. 435 note; 111 Stat. 1838) is amended by striking 
‘‘before, on,’’ and inserting ‘‘on’’.
306 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply as if included in Public Law 105– 
85 as enacted. 
SEC. 812. USE OF COMMERCIALLY AVAILABLE ONLINE 
SERVICES FOR FEDERAL PROCUREMENT OF 
COMMERCIAL ITEMS. 
(a) AMENDMENT TO THE FEDERAL ACQUISITION REG-
ULATION.—Not later than 180 days after the date of the 
enactment of this Act, the Federal Acquisition Regulation 
shall be revised to include provisions that require the head 
of an executive agency, to the maximum extent practicable, 
to use commercially available online procurement services 
to purchase commercial items, including those procurement 
services that allow the agency to conduct reverse auctions. 
(b) REPORT.—Not later than one year after the revi-
sions to the Federal Acquisition Regulation are issued pur-
suant to subsection (a), the Administrator for Federal Pro-
curement Policy shall submit to the Committees on Govern-
mental Affairs and Homeland Security and on Armed 
Services of the Senate and the Committees on Government 
Reform and on Armed Services of the House of Representa-
tives a report on the use of commercially available online 
procurement services. The report shall include— 
(1) a list of the executive agencies that have used 
commercially available online procurement services,
307 
and the number of times each has so used such serv-
ices; 
(2) a list of the types of commercially available 
online procurement services used by each executive 
agency and the dollar value of the procurements con-
ducted through each type of commercially available 
online procurement service; and 
(3) the Administrator’s recommendations for fur-
ther encouraging the use of commercially available 
online procurement services, particularly those that 
afford the Federal Government the opportunity to 
conduct reverse auctions. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘commercially available online 
procurement services’’, with respect to procurement by 
executive agencies, includes reverse auctions and other 
services accessible on the Internet that allow executive 
agencies to purchase commercial items from electronic 
catalogs and offerors to bid for delivery orders of such 
items. 
(2) The term ‘‘reverse auction’’, with respect to 
procurement by executive agencies, means a method of 
soliciting offers on the Internet for commercial items, 
not 
including 
construction-related 
services, 
in 
which—
308 
(A) firms compete against each other on the 
Internet in real time and in an open and inter-
active environment; and 
(B) each firm’s identity and pricing are 
safeguarded. 
(3) The term ‘‘Federal Acquisition Regulation’’ 
means the single Government-wide procurement regu-
lation issued in accordance with sections 6 and 25 of 
the Office of Federal Procurement Policy Act (41 
U.S.C. 405 and 421). 
(4) The terms ‘‘executive agency’’, ‘‘commercial 
item’’, and ‘‘procurement’’ have the meanings pro-
vided those terms in section 4 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 403 et seq.). 
SEC. 813. CONTINGENCY CONTRACTING CORPS. 
(a) REQUIREMENT TO ESTABLISH CONTINGENCY CON-
TRACTING CORPS.— 
(1) REQUIREMENT.—The Secretary of Defense 
shall establish a contingency contracting corps, to be 
implemented, subject to the authority, direction, and 
control of the Secretary, through a joint policy devel-
oped by the Chairman of the Joint Chiefs of Staff, in 
accordance with this section. 
(2) HEAD OF CORPS.—The policy shall provide 
that the corps shall be directed by a senior commis-
309 
sioned officer with appropriate acquisition experience 
and qualifications, who shall report directly to the 
commander of the combatant command in whose area 
of responsibility the corps is operating when deployed. 
In the case of more than one operation for which the 
corps is deployed, the head of the corps may delegate 
command authority, but any officer to whom the au-
thority is delegated shall report directly to the com-
mander of the combatant command concerned. 
(3) OPERATION
OF
CORPS.—The policy shall 
provide that the contingency contracting corps shall 
conduct contingency contracting— 
(A) during combat operations and use 
rapid acquisition authority to the maximum ex-
tent appropriate; 
(B) during post-conflict operations to assist 
the commander of the combatant command in 
meeting urgent contracting requirements; and 
(C) by using both deployed and non-de-
ployed contingency contracting personnel for car-
rying out contingency contracting. 
(4) TRAINING OF CORPS.— 
(A) The policy developed under paragraph 
(1) shall provide for training all contingency 
contracting personnel in the use of law, regula-
310 
tions, policies, and directives related to contin-
gency contracting operations, and shall ensure 
that the training is maintained for such per-
sonnel even when they are not deployed in a con-
tingency operation. 
(B) The policy shall require the training of 
contingency contracting personnel to include in-
struction from a program to be created by the 
Defense Acquisition University and inclusion of 
contingency contracting personnel in relevant 
wargaming and operational planning. 
(C) The policy shall require contingency 
contracting personnel to remain proficient in 
contingency contracting operations during peace-
time and shall allow such personnel to be used 
for other acquisition and contracting-related ac-
tivities when not required in support of contin-
gency contracting operations. 
(D) The policy shall provide for the corps to 
use integrated contracting, financial, and other 
support systems. 
(5) REGULATIONS.—The Secretary shall pre-
scribe regulations to carry out this section. The regu-
lations shall be developed in coordination with the 
Under Secretary of Defense for Acquisition, Tech-
311 
nology, and Logistics, the Secretaries of the military 
departments, and the acquisition support agencies. 
The regulations shall be uniform to the maximum ex-
tent practicable among the military departments and 
shall address, at a minimum, applicable laws, regula-
tions, policies, and directives related to contingency 
contracting. 
(b) REPORT.— 
(1) REQUIREMENT.—Not later than 270 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the Committees on 
Armed Services of the Senate and the House of Rep-
resentatives a report on contingency contracting. 
(2) MATTERS COVERED.—The report shall in-
clude discussions of the following: 
(A) Progress in the implementation of the 
contingency contracting corps, in accordance 
with the requirements of subsection (a). 
(B) The ability of the Armed Forces to sup-
port contingency contracting. 
(C) The ability of commanders of combatant 
commands to request contingency contracting 
support and the ability of the military depart-
ments and the acquisition support agencies to re-
spond to such requests and provide such support,
312 
including the availability of rapid acquisition 
personnel for such support. 
(D) The ability of the current civilian and 
military acquisition workforce to deploy to com-
bat theaters of operations and to conduct con-
tracting activities during combat and during 
post-conflict, reconstruction, or other contingency 
operations. 
(E) The effect of different periods of deploy-
ment on continuity in the acquisition process. 
(c) DEFINITIONS.—In this section: 
(1) CONTINGENCY CONTRACTING PERSONNEL.— 
The term ‘‘contingency contracting personnel’’ means 
members of the Armed Forces and civilian employees 
of the Department of Defense who are members of the 
defense acquisition workforce and, as part of their du-
ties, are assigned to provide support to contingency 
operations (whether deployed or not). 
(2) 
CONTINGENCY
CONTRACTING.—The 
term 
‘‘contingency contracting’’ means all stages of the 
process of acquiring property or services by the De-
partment of Defense during a contingency operation. 
(3) CONTINGENCY OPERATION.—The term ‘‘con-
tingency operation’’ has the meaning provided in sec-
tion 101(13) of title 10, United States Code.
313 
(4) ACQUISITION SUPPORT AGENCIES.—The term 
‘‘acquisition support agencies’’ means Defense Agen-
cies and Department of Defense Field Activities that 
carry out and provide support for acquisition-related 
activities. 
SEC. 814. REQUIREMENT FOR CONTRACTING OPERATIONS 
TO BE INCLUDED IN INTERAGENCY PLAN-
NING RELATED TO STABILIZATION AND RE-
CONSTRUCTION. 
(a) INCLUSION
OF CONTRACTING OPERATIONS
IN 
INTERAGENCY PLANNING.—The Secretary of Defense shall 
include contracting operations in all relevant interagency 
planning operations of the Department of Defense related 
to stabilization and reconstruction operations. 
(b) SECRETARY OF DEFENSE REQUIREMENTS.—If the 
President designates the Department of Defense as the exec-
utive agency with primary responsibility for contracting 
operations in post-conflict, stabilization, or reconstruction 
operations, the Secretary of Defense shall develop policy and 
procedures for the Department of Defense to serve as such 
executive agency. 
(c) REPORT.— 
(1) REQUIREMENT.—The Secretary of Defense 
and the Secretary of State shall jointly prepare a re-
314 
port on lessons learned from carrying out contracting 
operations during Operation Iraqi Freedom. 
(2) MATTERS COVERED.—The report shall ad-
dress the following with respect to such activities: 
(A) Development of an appropriate acquisi-
tion planning strategy before obligation of funds, 
including the scope of planned contracting oper-
ations, project management, logistics, and finan-
cial considerations. 
(B) Flow of appropriated funds. 
(C) Ability to obtain military and civilian 
acquisition workforce personnel. 
(D) Ability to obtain country clearances for 
such personnel. 
(E) Ability to reprogram funds and to co-
ordinate interagency activities. 
(3) SUBMISSION.—Not later than 180 days after 
the date of the enactment of this Act, the report shall 
be submitted to the Committees on Armed Services 
and Foreign Relations of the Senate and the Commit-
tees on Armed Services and International Relations of 
the House of Representatives.
315 
SEC. 815. STATEMENT OF POLICY AND REPORT RELATING 
TO CONTRACTING WITH EMPLOYERS OF PER-
SONS WITH DISABILITIES. 
(a) EXTENSIONS
OF INAPPLICABILITY
OF CERTAIN 
ACTS.—Section 853 of the Ronald W. Reagan National De-
fense Authorization Act for Fiscal Year 2005 (Public Law 
108–375; 118 Stat. 2021) is amended in subsections (a)(2) 
(A) and (b)(2)(A) by striking ‘‘2005’’ and inserting ‘‘2006’’. 
(b) STATEMENT OF POLICY.—The Secretary of Defense 
and the Secretary of Education shall jointly issue a state-
ment of policy related to the implementation of the Ran-
dolph-Sheppard Act (20 U.S.C. 107 et seq.) and the Javits- 
Wagner-O’Day Act (41 U.S.C. 48) within the Department 
of Defense and the Department of Education. The joint 
statement of policy shall specifically address the application 
of those Acts to both operation and management of all or 
any part of a military mess hall, military troop dining 
facility, or any similar dining facility operated for the pur-
pose of providing meals to members of the Armed Forces, 
and shall take into account and address, to the extent prac-
ticable, the positions acceptable to persons representing pro-
grams implemented under each Act. 
(c) REPORT.—Not later than April 1, 2006, the Sec-
retary of Defense and the Secretary of Education shall sub-
mit to the Committees on Armed Services of the Senate and 
the House of Representatives, the Committee on Health,
316 
Education, Labor and Pensions of the Senate, and the Com-
mittee on Education and the Workforce of the House of Rep-
resentatives a report describing the joint statement of policy 
issued under subsection (b), with such findings and rec-
ommendations as the Secretaries consider appropriate. 
SEC. 816. STUDY ON DEPARTMENT OF DEFENSE CON-
TRACTING WITH SMALL BUSINESS CONCERNS 
OWNED AND CONTROLLED BY SERVICE-DIS-
ABLED VETERANS. 
(a) STUDY REQUIRED.—The Secretary of Defense shall 
conduct a study on Department of Defense procurement 
contracts with small business concerns owned and controlled 
by service-disabled veterans. 
(b) ELEMENTS OF STUDY.—The study required by sub-
section (a) shall include the following determinations: 
(1) Any steps taken by the Department of De-
fense to meet the Government-wide goal of participa-
tion by small business concerns owned and controlled 
by service-disabled veterans in at least 3 percent of 
the total value of all prime contract and subcontract 
awards, as required under section 15(g) of the Small 
Business Act (15 U.S.C. 644(g)). 
(2) If the Department of Defense has failed to 
meet such goal, an explanation of the reasons for such 
failure.
317 
(3) Any steps taken within the Department of 
Defense to make contracting officers aware of the 3 
percent goal and to ensure that procurement officers 
are working actively to achieve such goal. 
(4) The number of small business concerns owned 
and controlled by service-disabled veterans which sub-
mitted offers on contracts with the Department of De-
fense during the preceding fiscal year. 
(5) Any outreach efforts made by the Department 
to enter into contracts with small business concerns 
owned and controlled by service-disabled veterans. 
(6) Any such outreach efforts the Department 
could make but has not made. 
(7) Whether, in awarding subcontracts, prime 
contractors are aware of the preference for small busi-
ness concerns owned and controlled by service-disabled 
veterans under section 36 of the Small Business Act 
(15 U.S.C. 657f). 
(8) Any plans of the Department of Defense to 
increase the percentage of Federal contracts it awards 
to small businesses owned and controlled by service- 
disabled veterans. 
(c) REPORT.—Not later than the date that is six 
months after the date of the enactment of this Act, the Sec-
318 
retary shall submit to Congress a report on the findings 
of the study conducted under this section. 
(d) SMALL BUSINESS CONCERN OWNED AND CON-
TROLLED BY SERVICE-DISABLED VETERANS.—In this sec-
tion, the term ‘‘small business concern owned and controlled 
by service-disabled veterans’’ has the meaning given that 
term in section 3(q) of the Small Business Act (15 U.S.C. 
632(q)). 
SEC. 817. PROHIBITION ON PROCUREMENT FROM BENE-
FICIARIES OF FOREIGN SUBSIDIES. 
(a) PROHIBITION.—The Secretary of Defense may not 
enter into a contract for the procurement of goods or services 
from any foreign person to which the government of a for-
eign country that is a member of the World Trade Organi-
zation has provided a subsidy if— 
(1) the United States has requested consultations 
with that foreign country under the Agreement on 
Subsidies and Countervailing Measures on the basis 
that the subsidy is a prohibited subsidy under that 
Agreement; and 
(2) either— 
(A) the issue before the World Trade Orga-
nization has not been resolved; or 
(B) the World Trade Organization has 
ruled that the subsidy provided by the foreign
319 
country is a prohibited subsidy under the Agree-
ment on Subsidies and Countervailing Measures. 
(b) JOINT VENTURES.—The prohibition under sub-
section (a) with respect to a foreign person also applies to 
any joint venture, cooperative organization, partnership, or 
contracting team of which that foreign person is a member. 
(c) SUBCONTRACTS AND TASK ORDERS.—The prohibi-
tion under subsection (a) with respect to a contract also 
applies to any subcontracts at any tier entered into under 
the contract and any task orders at any tier issued under 
the contract. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘Agreement on Subsidies and 
Countervailing Measures’’ means the agreement de-
scribed in section 101(d)(12) of the Uruguay Round 
Agreements Act (19 U.S.C. 3501(d)(12)). 
(2) The term ‘‘foreign person’’ means— 
(A) an individual who is not a United 
States person or an alien lawfully admitted for 
permanent residence into the United States; or 
(B) a corporation, partnership, or other 
nongovernmental entity which is not a United 
States person. 
(3) The term ‘‘United States person’’ means—
320 
(A) a natural person who is a citizen of the 
United States or who owes permanent allegiance 
to the United States; and 
(B) a corporation or other legal entity 
which is organized under the laws of the United 
States, any State or territory thereof, or the Dis-
trict of Columbia, if natural persons described in 
subparagraph (A) own, directly or indirectly, 
more than 50 percent of the outstanding capital 
stock or other beneficial interest in such legal en-
tity. 
(e) APPLICABILITY.— 
(1) PROGRAMS
WITH
MILESTONE
B
APPROVAL 
NOT COVERED.—The prohibition under subsection (a) 
shall not apply to any contract under a major defense 
acquisition program that has received Milestone B 
approval as of the date of the enactment of this Act. 
(2) DEFINITIONS.—In this subsection: 
(A) The term ‘‘major defense acquisition 
program’’ means a Department of Defense acqui-
sition program that is a major defense acquisi-
tion program for purposes of section 2430 of title 
10, United States Code.
321 
(B) The term ‘‘Milestone B approval’’ has 
the meaning provided that term in section 
2366(e)(7) of such title. 
Subtitle C—Amendments to General 
Contracting Authorities, Proce-
dures, and Limitations 
SEC. 821. INCREASED FLEXIBILITY FOR DESIGNATION OF 
CRITICAL ACQUISITION POSITIONS IN DE-
FENSE ACQUISITION WORKFORCE. 
Subparagraph (A) of section 1733(b)(1) of title 10, 
United States Code, is amended to read as follows: 
‘‘(A) Any acquisition position that is required to 
be filled by a senior civilian employee in the National 
Security Personnel System or a senior commissioned 
officer of the Army, Navy, Air Force, or Marine 
Corps, as determined in accordance with guidelines 
prescribed by the Secretary.’’. 
SEC. 822. PARTICIPATION BY DEPARTMENT OF DEFENSE IN 
ACQUISITION WORKFORCE TRAINING FUND. 
(a) REQUIRED
CONTRIBUTIONS
TO
ACQUISITION 
WORKFORCE TRAINING FUND BY DEPARTMENT OF DE-
FENSE.—Section 37(h)(3) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 433(h)(3)) is amended— 
(1) in subparagraph (B), by striking ‘‘(other 
than the Department of Defense)’’; and
322 
(2) by redesignating subparagraphs (D), (E), 
(F), and (G) as subparagraphs (E), (F), (G), and 
(H), respectively, and inserting after subparagraph 
(C) the following new subparagraph (D): 
‘‘(D) The Administrator of General Services 
shall transfer to the Secretary of Defense fees col-
lected from the Department of Defense pursuant 
to subparagraph (B), to be used by the Defense 
Acquisition University for purposes of acquisi-
tion workforce training for the entire Federal ac-
quisition workforce.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) OFFICE OF FEDERAL PROCUREMENT POLICY 
ACT.—Section 37(a) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 433) is amended by strik-
ing ‘‘This section’’ and inserting ‘‘Except as provided 
in subsection (h)(3), this section’’. 
(2) PUBLIC LAW 108–136.—Section 1412 of the 
National Defense Authorization Act for Fiscal Year 
2004 (Public Law 108–136; 117 Stat. 1664) is 
amended by striking subsection (c). 
(c) DEFENSE ACQUISITION UNIVERSITY FUNDING.— 
Amounts transferred under section 37(h)(3)(D) of the Office 
of Federal Procurement Policy Act (as amended by sub-
section (a)) for use by the Defense Acquisition University
323 
shall be in addition to other amounts authorized for the 
University. 
(d) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to contracts entered into 
after the date of the enactment of this Act. 
SEC. 823. INCREASE IN COST ACCOUNTING STANDARD 
THRESHOLD. 
Section 26(f)(2)(A) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 422(f)(A)) is amended by strik-
ing ‘‘$500,000’’ and inserting ‘‘$550,000’’. 
SEC. 824. AMENDMENTS TO DOMESTIC SOURCE REQUIRE-
MENTS RELATING TO CLOTHING MATERIALS 
AND COMPONENTS COVERED. 
(a) NOTICE.—Section 2533a of title 10, United States 
Code, is amended by adding at the end the following new 
subsection: 
‘‘(k) NOTIFICATION REQUIRED WITHIN 7 DAYS AFTER 
CONTRACT AWARD IF CERTAIN EXCEPTIONS APPLIED.—In 
the case of any contract for the procurement of an item de-
scribed in subparagraph (B), (C), (D), or (E) of subsection 
(b)(1), if the Secretary of Defense or of the military depart-
ment concerned applies an exception set forth in subsection 
(c) or (e) with respect to that contract, the Secretary shall, 
not later than 7 days after the award of the contract, post 
a notification that the exception has been applied on the
324 
Internet site maintained by the General Services Adminis-
tration known as FedBizOps.gov (or any successor site). ’’. 
(b) CLOTHING MATERIALS AND COMPONENTS COV-
ERED.—Subsection (b) of section 2533a of title 10, United 
States Code, is amended in paragraph (1)(B) by inserting 
before the semicolon the following: ‘‘and the materials and 
components thereof, other than sensors, electronics, or other 
items added to, and not normally associated with, clothing 
(and the materials and components thereof)’’. 
SEC. 825. RAPID ACQUISITION AUTHORITY TO RESPOND TO 
DEFENSE INTELLIGENCE COMMUNITY EMER-
GENCIES. 
(a) RAPID ACQUISITION AUTHORITY.—In the case of 
any critical intelligence capability that, as determined in 
writing by the Secretary of Defense, without delegation, is 
urgently needed to address a demonstrable, imminent, and 
urgent threat to national security that would likely result 
in combat fatalities or grave harm to the national security 
of the United States, the Secretary shall use the procedures 
developed under this section in order to accomplish the 
rapid acquisition and deployment of the needed critical in-
telligence capabilities. 
(b) DESIGNATION OF SENIOR OFFICIAL.—Whenever 
the Secretary makes a determination under subsection (a) 
that the rapid acquisition of critical intelligence capability
325 
is needed, the Secretary shall designate a senior official of 
the Department of Defense to ensure that the intelligence 
capability is acquired and deployed as quickly as possible, 
with a goal of awarding a contract for the acquisition of 
the intelligence capability within 15 days after the deter-
mination is made. 
(c) WAIVER AUTHORITY.—Upon designation of a sen-
ior official under subsection (b), the Secretary shall author-
ize that official to waive any provision of law, policy, direc-
tive, or regulation described in subsection (f) that such offi-
cial determines in writing would unnecessarily impede the 
rapid acquisition and deployment of the needed intelligence 
capability. 
(d) FUNDING OF RAPID ACQUISITIONS.—The author-
ity of this section may not be used to acquire intelligence 
capability 
in 
an 
amount 
aggregating 
more 
than 
$20,000,000 during any fiscal year. For acquisitions of in-
telligence capability under this subsection during the fiscal 
year in which the Secretary makes the determination de-
scribed in subsection (a) with respect to such intelligence 
capability, the Secretary may use any funds available to 
the Department of Defense for that fiscal year. 
(e) NOTICE TO CONGRESS.—The Secretary of Defense 
shall notify the congressional defense committees within 15 
days after each determination made under subsection (a).
326 
Each such notice shall identify in either classified or un-
classified format, as appropriate— 
(1) the intelligence capability to be acquired; 
(2) the amount anticipated to be expended for 
the acquisition; and 
(3) the source of funds for the acquisition. 
(f) WAIVER
OF CERTAIN STATUTES
AND REGULA-
TIONS.— 
(1) IN
GENERAL.—Upon a determination de-
scribed in subsection (a), the senior official designated 
in accordance with subsection (b) with respect to that 
designation is authorized to waive any provision of 
law, policy, directive or regulation addressing— 
(A) the establishment of the requirement for 
the intelligence capability; 
(B) the research, development, test, and 
evaluation of the intelligence capability; or 
(C) the solicitation and selection of sources, 
and the award of the contract, for procurement 
of the intelligence capability. 
(2) LIMITATION.—Nothing in this subsection au-
thorizes the waiver of any provision of law imposing 
civil or criminal penalties.
327 
TITLE IX—DEPARTMENT OF DE-
FENSE 
ORGANIZATION 
AND 
MANAGEMENT 
Subtitle A—Department of Defense Management 
Sec. 901. Restoration of parity in pay levels among Under Secretary positions. 
Sec. 902. Eligibility criteria for Director of Department of Defense Test Resource 
Management Center. 
Sec. 903. Consolidation and standardization of authorities relating to Depart-
ment of Defense Regional Centers for Security Studies. 
Sec. 904. Redesignation of the Department of the Navy as the Department of the 
Navy and Marine Corps. 
Subtitle B—Space Activities 
Sec. 911. Space Situational Awareness Strategy. 
Sec. 912. Military satellite communications. 
Sec. 913. Operationally responsive space. 
Subtitle C—Chemical Demilitarization Program 
Sec. 921. Transfer to Secretary of the Army of responsibility for assembled chem-
ical weapons alternatives program. 
Sec. 922. Clarification of Cooperative Agreement Authority under Chemical De-
militarization Program. 
Subtitle D—Intelligence-Related Matters 
Sec. 931. Department of Defense Strategy for Open-Source intelligence. 
Sec. 932. Comprehensive inventory of Department of Defense intelligence and in-
telligence-related programs and projects. 
Subtitle A—Department of Defense 
Management 
SEC. 901. RESTORATION OF PARITY IN PAY LEVELS AMONG 
UNDER SECRETARY POSITIONS. 
(a) POSITIONS OF UNDER SECRETARIES OF MILITARY 
DEPARTMENTS RAISED TO LEVEL III OF THE EXECUTIVE 
SCHEDULE.—Section 5314 of title 5, United States Code, 
is amended by inserting after ‘‘Under Secretary of Defense 
for Intelligence’’ the following:
328 
‘‘Under Secretary of the Air Force. 
‘‘Under Secretary of the Army. 
‘‘Under Secretary of the Navy.’’. 
(b) CONFORMING AMENDMENT.—Section 5315 of such 
title is amended by striking the following: 
‘‘Under Secretary of the Air Force. 
‘‘Under Secretary of the Army. 
‘‘Under Secretary of the Navy.’’. 
SEC. 902. Eligibility criteria for Director of Department of De-
fense Test Resource Management Center 
Section 196(b) of title 10, United States Code, is 
amended to read as follows: 
‘‘(b) DIRECTOR.—At the head of the Center shall be 
a Director, who shall be appointed by the Secretary from 
among individuals who have substantial experience in the 
field of test and evaluation.’’. 
SEC .903. Consolidation and standardization of authorities re-
lating to Department of Defense Regional Centers 
for Security Studies 
(a) BASIC AUTHORITIES FOR REGIONAL CENTERS.— 
(1) IN
GENERAL.—Section 184 of title 10, 
United States Code, is amended to read as follows: 
‘‘§ 184. Regional Centers for Security Studies 
‘‘(a) IN GENERAL.—The Secretary of Defense shall ad-
minister the Department of Defense Regional Centers for
329 
Security Studies in accordance with this section as inter-
national venues for bilateral and multilateral research, 
communication, and exchange of ideas involving military 
and civilian participants. 
‘‘(b) REGIONAL CENTERS SPECIFIED.—(1) A Depart-
ment of Defense Regional Center for Security Studies is a 
Department of Defense institution that— 
‘‘(A) is operated, and designated as such, by the 
Secretary of Defense for the study of security issues 
relating to a specified geographic region of the world; 
and 
‘‘(B) serves as a forum for bilateral and multi-
lateral research, communication, and exchange of 
ideas involving military and civilian participants. 
‘‘(2) The Department of Defense Regional Centers for 
Security Studies are the following: 
‘‘(A) The George C. Marshall European Center 
for Security Studies, established in 1993 and located 
in Garmisch-Partenkirchen, Germany. 
‘‘(B) The Asia-Pacific Center for Security Stud-
ies, established in 1995 and located in Honolulu, Ha-
waii. 
‘‘(C) The Center for Hemispheric Defense Stud-
ies, established in 1997 and located in Washington, 
D.C.
330 
‘‘(D) The Africa Center for Strategic Studies, es-
tablished in 1999 and located in Washington, D.C. 
‘‘(E) The Near East South Asia Center for Stra-
tegic Studies, established in 2000 and located in 
Washington, D.C. 
‘‘(3) No institution or element of the Department of 
Defense may be designated as a Department of Defense Re-
gional Center for Security Studies for purposes of this sec-
tion, other than the institutions specified in paragraph (2), 
except as specifically provided by law after the date of the 
enactment of this section. 
‘‘(c) REGULATIONS.—The administration of the Re-
gional Centers under this section shall be carried out under 
regulations prescribed by the Secretary. 
‘‘(d) PARTICIPATION.—Participants in activities of the 
Regional Centers may include United States military and 
civilian personnel, governmental and nongovernmental per-
sonnel, and foreign military and civilian, governmental 
and nongovernmental personnel. 
‘‘(e) EMPLOYMENT
AND
COMPENSATION
OF
FAC-
ULTY.—At each Regional Center, the Secretary may, subject 
to appropriations— 
‘‘(1) employ a Director, a Deputy Director, and 
as many civilians as professors, instructors, and lec-
turers as the Secretary considers necessary; and
331 
‘‘(2) prescribe the compensation of such persons, 
in accordance with Federal guidelines. 
‘‘(f) PAYMENT OF COSTS.—(1) Participation in activi-
ties of a Regional Center shall be on a reimbursable basis 
(or by payment in advance), except in a case in which re-
imbursement is waived in accordance with paragraph (3). 
‘‘(2) For a foreign national participant, payment of 
costs may be made by the participant’s own government, 
by a Department or agency of the United States other than 
the Department of Defense, or by a gift or donation on be-
half of one or more Regional Centers accepted under section 
2611 of this title on behalf of the participant’s government. 
‘‘(3) The Secretary of Defense may waive reimburse-
ment of the costs of activities of the Regional Centers for 
foreign military officers and foreign defense civilian offi-
cials from a developing country if the Secretary determines 
that attendance of such personnel without reimbursement 
is in the national security interest of the United States. 
Costs for which reimbursement is waived pursuant to this 
paragraph shall be paid from appropriations available to 
the Regional Centers. 
‘‘(4) Funds accepted for the payment of costs shall be 
credited to the appropriation then currently available to the 
Department of Defense for the Regional Center that in-
curred the costs. Funds so credited shall be merged with the
332 
appropriation to which credited and shall be available to 
that Regional Center for the same purposes and same period 
as the appropriation with which merged. 
‘‘(5) Funds available for the payment of personnel ex-
penses under the Latin American cooperation authority set 
forth in section 1050 of this title are also available for the 
costs of the operation of the Center for Hemispheric Defense 
Studies. 
‘‘(g) SUPPORT TO OTHER AGENCIES.—The Director of 
a Regional Center may enter into agreements with the Sec-
retaries of the military departments, the heads of the De-
fense Agencies, and, with the concurrence of the Secretary 
of Defense, the heads of other Federal departments and 
agencies for the provision of services by that Regional Cen-
ter under this section. Any such participating department 
and agency shall transfer to the Regional Center funds to 
pay the full costs of the services received. 
‘‘(h) ANNUAL REPORT.—Not later than February 1 of 
each year, the Secretary of Defense shall submit to the Com-
mittee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives a report 
on the operation of the Regional Centers for security studies 
during the preceding fiscal year. The annual report shall 
include, for each Regional Center, the following informa-
tion:
333 
‘‘(1) The status and objectives of the center. 
‘‘(2) The budget of the center, including the costs 
of operating the center. 
‘‘(3) A description of the extent of the inter-
national participation in the programs of the center, 
including the costs incurred by the United States for 
the participation of each foreign nation. 
‘‘(4) A description of the foreign gifts and dona-
tions, if any, accepted under section 2611 of this title. 
’’. 
(2) CLERICAL AMENDMENT.—The item relating 
to such section in the table of sections at the begin-
ning of chapter 7 of such title is amended to read as 
follows: 
‘‘184. Regional Centers for Security Studies.’’. 
(b) STANDARDIZATION OF AUTHORITY FOR ACCEPT-
ANCE OF GIFTS AND DONATIONS.— 
(1) IN
GENERAL.—Section 2611 of title 10, 
United States Code, is amended to read as follows: 
‘‘§ 2611. Regional Centers for Security Studies: accept-
ance of gifts and donations 
‘‘(a) AUTHORITY
TO
ACCEPT
GIFTS
AND
DONA-
TIONS.—Subject to subsection (c), the Secretary of Defense 
may accept, on behalf of one or more of the Regional Centers 
for Security Studies, a gift or donation from any source
334 
in order to defray the costs of, or enhance the operation 
of, one or more of the Regional Centers. 
‘‘(b) REGIONAL CENTERS.—For purposes of this sec-
tion, the Regional Centers for Security Studies are the De-
partment of Defense institutions specified in section 184(b) 
of this title. 
‘‘(c) LIMITATION.—(1) The Secretary may not accept 
a gift or donation under subsection (a) if the acceptance 
of the gift or donation would compromise or appear to com-
promise— 
‘‘(A) the ability of the Department of Defense, or 
any employee of the Department or member of the 
armed forces, to carry out the responsibility or duty 
of the Department in a fair and objective manner; or 
‘‘(B) the integrity of any program of the Depart-
ment of Defense or any person involved in such a pro-
gram. 
‘‘(2) The Secretary shall prescribe written guidance 
setting forth the criteria to be used in determining whether 
the acceptance of a gift or donation would have a result 
described in paragraph (1). 
‘‘(d) CREDITING OF FUNDS.—Funds accepted by the 
Secretary under subsection (a) shall be credited to appro-
priations available to the Department of Defense for the Re-
gional Centers. Funds so credited shall be merged with the
335 
appropriations to which credited and shall be available for 
the Regional Centers for the same purposes and the same 
period as the appropriations with which merged. 
‘‘(e) GIFTS AND DONATIONS DEFINED.—For purposes 
of this section— 
‘‘(1) a foreign gift or donation is a gift or dona-
tion of funds, materials (including research mate-
rials), property, or services (including lecture services 
and faculty services) from a foreign government, a 
foundation or other charitable organization in a for-
eign country, or an individual in a foreign country; 
and 
‘‘(2) the term ‘gift’ includes a devise of real prop-
erty or a bequest of personal property and any gift 
of an interest in real property. ’’. 
(2) CLERICAL AMENDMENT.—The item relating 
to section 2611 in the table of sections at the begin-
ning of chapter 155 of such title is amended to read 
as follows: 
‘‘2611. Regional Centers for Security Studies: acceptance of foreign gifts and do-
nations.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) MARSHALL CENTER GENERAL AUTHORITY.— 
Section 1306 of the National Defense Authorization 
Act for Fiscal Year 1995 (Public Law 103–337; 108 
Stat. 2892) is repealed.
336 
(2) MARSHALL CENTER GIFT AUTHORITY.—Sec-
tion 1065 of the National Defense Authorization Act 
for Fiscal Year 1997 (10 U.S.C. 113) is amended— 
(A) by striking subsections (a) and (b); 
(B) by redesignating subsection (c) as sub-
section (a); and 
(C) by redesignating paragraph (3) of such 
subsection as subsection (b) and inserting ‘‘CER-
TAIN NON-CITIZENS AUTHORIZED TO SERVE ON 
BOARD.—’’ before ‘‘Notwithstanding’’. 
(3) EMPLOYMENT AND COMPENSATION AUTHOR-
ITY FOR CIVILIAN FACULTY.—Section 1595 of title 10, 
United States Code, is amended— 
(A) in subsection (c)— 
(i) by striking paragraphs (3) and (5); 
and 
(ii) by redesignating paragraphs (4) 
and (6) as paragraphs (3) and (4), respec-
tively; and 
(B) by striking subsection (e). 
(4) STATUS OF CENTER FOR HEMISPHERIC DE-
FENSE STUDIES.—Section 2165 of title 10, United 
States Code, is amended— 
(A) in subsection (b)— 
(i) by striking paragraph (6); and
337 
(B) by striking subsection (e). 
(4) STATUS OF CENTER FOR HEMISPHERIC DE-
FENSE STUDIES.—Section 2165 of title 10, United 
States Code, is amended— 
(A) in subsection (b)— 
(i) by striking paragraph (6); and 
(ii) by redesignating paragraph (7) as 
paragraph (6); and 
(B) by striking subsection (c). 
SEC. 904. REDESIGNATION OF THE DEPARTMENT OF THE 
NAVY AS THE DEPARTMENT OF THE NAVY 
AND MARINE CORPS. 
(a) REDESIGNATION
OF MILITARY DEPARTMENT.— 
The military department designated as the Department of 
the Navy is redesignated as the Department of the Navy 
and Marine Corps. 
(b) REDESIGNATION
OF
SECRETARY
AND
OTHER 
STATUTORY OFFICES.— 
(1) SECRETARY.—The position of the Secretary 
of the Navy is redesignated as the Secretary of the 
Navy and Marine Corps. 
(2) OTHER STATUTORY OFFICES.—The positions 
of the Under Secretary of the Navy, the four Assistant 
Secretaries of the Navy, and the General Counsel of 
the Department of the Navy are redesignated as the