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SEC. 313. REPEAL OF AIR FORCE REPORT ON MILITARY IN-
STALLATION ENCROACHMENT ISSUES. 
Section 315 of the Ronald W. Reagan National De-
fense Authorization Act for Fiscal Year 2005 (Public Law 
108–375; 118 Stat. 1843) is repealed. 
SEC. 314. PAYMENT OF CERTAIN PRIVATE CLEANUP COSTS 
IN CONNECTION WITH DEFENSE ENVIRON-
MENTAL RESTORATION PROGRAM. 
(a) ACTIVITIES AT FORMER DEFENSE PROPERTY 
SUBJECT TO COVENANT FOR ADDITIONAL REMEDIAL AC-
TION.—Section 2701(d) of title 10, United States Code, 
is amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘any owner of covenant 
property,’’ after ‘‘any Indian tribe,’’; and 
(B) by inserting ‘‘owner,’’ after ‘‘, Indian 
tribe,’’; 
(2) in paragraph (3), by adding at the end the 
following new sentence: ‘‘An agreement under such 
paragraph with respect to a site also may not 
change the cleanup standards selected for the site 
pursuant to law.’’; 
(3) in paragraph (4), by adding at the end the 
following new subparagraph: 
‘‘(C) The term ‘owner of covenant prop-
erty’ means an owner of property subject to a
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covenant provided by the United States in ac-
cordance with the requirements of paragraphs 
(3) and (4) of section 120(h) of CERCLA (42 
U.S.C. 9620(h)), so long as the covenant prop-
erty is the site at which the services procured 
under paragraph (1) are to be performed.’’; and 
(4) by adding at the end the following new 
paragraph: 
‘‘(5) SAVINGS CLAUSE.—Nothing in this sub-
section affects the applicability of section 120 of 
CERCLA (42 U.S.C. 6920) to the Department of 
Defense or the obligations and responsibilities of the 
Department of Defense under subsection (h) of such 
section.’’. 
(b) SOURCE OF FUNDS FOR FORMER BRAC PROP-
ERTY SUBJECT TO COVENANT FOR ADDITIONAL REME-
DIAL ACTION.—Section 2703 of such title is amended— 
(1) in subsection (g)(1), by striking ‘‘The sole 
source’’ and inserting ‘‘Except as provided in sub-
section (h), the sole source’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(h) SOLE SOURCE OF FUNDS FOR ENVIRONMENTAL 
REMEDIATION
AT CERTAIN BASE REALIGNMENT
AND 
CLOSURE SITES.—In the case of property disposed of pur-
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suant to a base closure law and subject to a covenant that 
was required to be provided by paragraphs (3) and (4) 
of section 120(h) of CERCLA (42 U.S.C. 9620(h)), the 
sole source of funds for services procured under subsection 
2701(d)(1) of this title shall be the applicable Department 
of Defense base closure account.’’. 
SEC. 315. STUDY ON USE OF BIODIESEL AND ETHANOL 
FUEL. 
(a) IN GENERAL.—The Secretary of Defense shall 
conduct a study on the use of biodiesel and ethanol fuel 
by the Armed Forces and the Defense Agencies and any 
measures that can be taken to increase such use. 
(b) ELEMENTS.—The study shall include— 
(1) a review and assessment of potential re-
quirements for increased use of biodiesel and ethanol 
fuel within the Department of Defense and research 
and development efforts required to meet those in-
creased requirements; 
(2) based on the review in subparagraph (1), a 
forecast of the requirements of the Armed Forces 
and the Defense Agencies for biodiesel and ethanol 
fuels for each of fiscal years 2007 through 2012; 
(3) an assessment of the current and future 
commercial availability of biodiesel and ethanol fuel, 
including facilities for the production, storage, trans-
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portation, distribution, and commercial sale of such 
fuel; 
(4) a review of the actions of the Department 
of Defense to coordinate with State, local, and pri-
vate entities to support the expansion and use of al-
ternative fuel refueling stations that are accessible to 
the public; and 
(5) an assessment of the fueling infrastructure 
on military installations in the United States, includ-
ing storage and distribution facilities, that could be 
adapted or converted for the delivery of biodiesel and 
ethanol fuel. 
(c) REPORT.—Not later than February 1, 2006, the 
Secretary shall submit to the congressional defense com-
mittees a report on the study conducted under subsection 
(a). 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘ethanol fuel’’ means fuel that is 
85 percent ethyl alcohol. 
(2) The term ‘‘biodiesel’’ means a diesel fuel 
substitute produced from nonpetroleum renewable 
resources that meets the registration requirements 
for fuels and fuel additives established by the Envi-
ronmental Protection Agency under section 7545 of 
title 42, United States Code.
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Subtitle C—Workplace and Depot 
Issues 
SEC. 321. PROCEEDS FROM COOPERATIVE ACTIVITIES 
WITH NON-ARMY ENTITIES. 
Section 4544 of title 10, United States Code, is 
amended— 
(1) by redesignating subsections (h) through (j) 
as subsections (i) through (k), respectively; and 
(2) by inserting after subsection (g) the fol-
lowing new subsection: 
‘‘(h) PROCEEDS CREDITED TO WORKING CAPITAL 
FUND.—Proceeds received from the sale of an article or 
service pursuant to a contract or other cooperative ar-
rangement under this section shall be credited to the work-
ing capital fund that incurs the cost of manufacturing the 
article or performing the service.’’. 
SEC. 322. PUBLIC-PRIVATE COMPETITION. 
Section 2461(b) of title 10, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(5)(A) A function of the Department of De-
fense performed by 10 or more civilian employees 
may not be converted, in whole or in part, to per-
formance by a contractor unless the conversion is
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based on the results of a public-private competition 
process that— 
‘‘(i) formally compares the cost of civilian 
employee performance of the function with the 
costs of performance by a contractor; 
‘‘(ii) creates an agency tender, including a 
most efficient organization plan, in accordance 
with Office of Management and Budget Cir-
cular A–76, as implemented on May 29, 2003; 
‘‘(iii) determines whether the submitted of-
fers meet the needs of the Department of De-
fense with respect to factors other than cost, in-
cluding quality and reliability; and 
‘‘(iv) requires continued performance of 
the function by civilian employees if the dif-
ference in the cost of performance of the func-
tion by a contractor compared to the civilian 
employees would, over all performance periods 
required by the solicitation, be less than— 
‘‘(I) 10 percent of the personnel-re-
lated costs for performance of that activity 
or function in the agency tender; or 
‘‘(II) $10,000,000. 
‘‘(B) An activity that is performed by the De-
partment of Defense and is reengineered, reorga-
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nized, modernized, upgraded, expanded, or changed 
to become more efficient, but still essentially pro-
vides the same service, shall not be considered a new 
requirement. 
‘‘(C) In no case may a commercial or industrial 
type function being performed by Department of De-
fense personnel be modified, reorganized, divided, or 
in any way changed for the purpose of exempting 
from the requirements of subsection (a) the change 
of all or any part of such function to performance 
by a private contractor. 
‘‘(D) The Secretary of Defense may waive the 
competition requirement in specific instances if— 
‘‘(i) the written waiver is prepared by the 
Secretary of Defense, or the relevant Assistant 
Secretary or agency head; and 
‘‘(ii) the written waiver is accompanied by 
a detailed determination that national security 
interests are so compelling as to preclude com-
pliance with the requirement for a public-pri-
vate competition.’’. 
SEC. 323. PUBLIC-PRIVATE COMPETITION PILOT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Defense 
shall establish a pilot program to examine the use of the 
public-private competition process of Office of Manage-
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ment and Budget Circular A–76, as defined by such Cir-
cular, and functions currently being performed by contrac-
tors that could be performed by civilian employees of the 
Department of Defense. 
(b) PROCESS AND CRITERIA.— 
(1) The process and criteria for competition 
under the pilot program established in subsection (a) 
shall be consistent with the criteria for conducting a 
similar competition for work performed by the public 
sector. 
(2) The pilot program shall include not less 
than four competitions. 
(c) REPORT.—The Secretary of Defense shall submit 
a report to Congress on the results of the competitions 
conducted under the pilot program and any potential ben-
efit or detriment of expanding the pilot program. 
(d) TERMINATION.—The pilot program established 
under this subsection shall terminate on the date that is 
three years after the date of the enactment of this Act. 
SEC. 324. SENSE OF CONGRESS ON EQUITABLE LEGAL 
STANDING FOR CIVILIAN EMPLOYEES. 
It is the sense of Congress that, in order to ensure 
that when public-private competitions are held, they are 
conducted as fairly, effectively, and efficiently as possible, 
competing parties, both Department of Defense civilian
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employees (or their representatives) and contractors (or 
their representatives), should receive comparable treat-
ment throughout the competition regarding access to rel-
evant information and legal standing to challenge the way 
a competition has been conducted at all appropriate fo-
rums. 
Subtitle D—Extension of Program 
Authorities 
SEC. 331. EXTENSION OF AUTHORITY TO PROVIDE LOGIS-
TICS SUPPORT AND SERVICES FOR WEAPONS 
SYSTEMS CONTRACTORS. 
Section 365(g)(1) of the Bob Stump National De-
fense Authorization Act for Fiscal Year 2003 (Public Law 
107–314; 116 Stat. 2521; 10 U.S.C. 2302 note) is amend-
ed by striking ‘‘2007’’ and inserting ‘‘2010’’. 
SEC. 332. EXTENSION AND REVISION OF TEMPORARY AU-
THORITY FOR CONTRACTOR PERFORMANCE 
OF SECURITY GUARD FUNCTIONS. 
Section 332(c) of the Bob Stump National Defense 
Authorization Act for Fiscal Year 2003 (Public Law 107– 
314; 116 Stat. 2513) is amended— 
(1) by striking ‘‘2006’’ each place it appears 
and inserting ‘‘2008’’; and 
(2) by adding at the end the following new 
paragraphs:
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‘‘(3) No contract, subcontract, or task order for the 
performance of security-guard functions at a military in-
stallation or facility in the United States awarded before 
September 30, 2006, shall be extended beyond September 
30, 2006. 
‘‘(4) A contract for the performance of security-guard 
functions at a military installation or facility in the United 
States awarded on or after September 30, 2006, shall be 
awarded using full and open competition, as authorized 
under section 2304 of title 10, United States Code. Sec-
tion 602 of the Business Opportunity Development Re-
form Act of 1988 (Public Law 100–656; 15 U.S.C. 637 
note) shall not apply to such a contract.’’. 
Subtitle E—Utah Test and Training 
Range 
SEC. 341. DEFINITIONS. 
In this subtitle: 
(1) The term ‘‘covered wilderness’’ means the 
wilderness area designated by this subtitle and wil-
derness study areas located near lands withdrawn 
for military use and beneath special use airspace 
critical to the support of military test and training 
missions at the Utah Test and Training Range, in-
cluding the Deep Creek, Fish Springs, Swasey 
Mountain, Howell Peak, Notch Peak, King Top,
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Wah Wah Mountain, and Conger Mountain units 
designated by the Department of the Interior. 
(2) The term ‘‘Tribe’’ means the Skull Valley 
Band of Goshute Indians. 
(3) The term ‘‘Utah Test and Training Range’’ 
means those portions of the military operating area 
of the Utah Test and Training Area located solely 
in the State of Utah. The term includes the Dugway 
Proving Ground. 
(4) The term ‘‘Wilderness Act’’ means Public 
Law 88–577, approved September 3, 1964 (16 
U.S.C. 1131 et seq.). 
SEC. 342. MILITARY OPERATIONS AND OVERFLIGHTS, UTAH 
TEST AND TRAINING RANGE. 
(a) FINDINGS.—The Congress finds the following: 
(1) The testing and development of military 
weapons systems and the training of military forces 
are critical to ensuring the national security of the 
United States. 
(2) The Utah Test and Training Range in the 
State of Utah is a unique and irreplaceable national 
asset at the core of the test and training mission of 
the Department of Defense. 
(3) The Cedar Mountain Wilderness Area des-
ignated by section 344, as well as several wilderness
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study areas, are located near lands withdrawn for 
military use or are beneath special use airspace crit-
ical to the support of military test and training mis-
sions at the Utah Test and Training Range. 
(4) The Utah Test and Training Range and 
special use airspace withdrawn for military uses cre-
ate unique management circumstances for the cov-
ered wilderness in this subtitle, and it is not the in-
tent of Congress that passage of this subtitle shall 
be construed as establishing a precedent with respect 
to any future national conservation area or wilder-
ness designation. 
(5) Continued access to the special use airspace 
and lands that comprise the Utah Test and Training 
Range, under the terms and conditions described in 
this section, is a national security priority and is not 
incompatible with the protection and proper manage-
ment of the natural, environmental, cultural, and 
other resources of such lands. 
(b) OVERFLIGHTS.—Nothing in this subtitle or the 
Wilderness Act shall preclude low-level overflights and op-
erations of military aircraft, helicopters, missiles, or un-
manned aerial vehicles over the covered wilderness, includ-
ing military overflights and operations that can be seen 
or heard within the covered wilderness.
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(c) 
SPECIAL
USE
AIRSPACE
AND
TRAINING 
ROUTES.—Nothing in this subtitle or the Wilderness Act 
shall preclude the designation of new units of special use 
airspace, the expansion of existing units of special use air-
space, or the use or establishment of military training 
routes over the covered wilderness. 
(d) COMMUNICATIONS AND TRACKING SYSTEMS.— 
Nothing in this subtitle shall prevent any required mainte-
nance of existing communications, instrumentation, or 
electronic tracking systems (or infrastructure supporting 
such systems) or prevent the installation of new commu-
nication, instrumentation, or other equipment necessary 
for effective testing and training to meet military require-
ments in wilderness study areas located beneath special 
use airspace comprising the Utah Test and Training 
Range, including the Deep Creek, Fish Springs, Swasey 
Mountain, Howell Peak, Notch Peak, King Top, Wah Wah 
Mountain, and Conger Mountain units designated by the 
Department of Interior, so long as the Secretary of the 
Interior, after consultation with the Secretary of the Air 
Force, determines that the installation and maintenance 
of such systems, when considered both individually and 
collectively, comply with section 603 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1782).
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(e) EMERGENCY ACCESS AND RESPONSE.—Nothing 
in this subtitle or the Wilderness Act shall preclude the 
continuation of the memorandum of understanding in ex-
istence as of the date of enactment of this Act between 
the Department of the Interior and the Department of the 
Air Force with respect to emergency access and response. 
(f) PROHIBITION
ON GROUND MILITARY OPER-
ATIONS.—Except as provided in subsections (d) and (e), 
nothing in this section shall be construed to permit a mili-
tary operation to be conducted on the ground in covered 
wilderness in the Utah Test and Training Range unless 
such ground operation is otherwise permissible under Fed-
eral law and consistent with the Wilderness Act. 
SEC. 343. PLANNING PROCESS FOR FEDERAL LANDS IN 
UTAH TEST AND TRAINING RANGE. 
(a) ANALYSIS OF MILITARY READINESS AND OPER-
ATIONAL IMPACTS.—The Secretary of the Interior shall 
develop, maintain, and revise land use plans pursuant to 
section 202 of the Federal Land Policy and Management 
Act of 1976 (43 U.S. C. 1712) for Federal lands located 
in the Utah Test and Training Range in consultation with 
the Secretary of Defense. As part of the required consulta-
tion in connection with a proposed revision of a land use 
plan, the Secretary of Defense shall prepare and transmit 
to the Secretary of the Interior an analysis of the military
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readiness and operational impacts of the proposed revision 
within six months of a request from the Secretary of the 
Interior. 
(b) LIMITATION
ON RIGHTS-OF-WAYS.—The Sec-
retary of the Interior shall not grant or issue any author-
izations for rights-of-way under section 501(a)(6) of the 
Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1761(a)(6)) upon Federal lands identified as in-
ventory units UTU–020–086, UTU–020–088, UTU–020– 
095, UTU–020–096, UTU–020–100, UTU–020–101, 
UTU–020–103, UTU–020–104, UTU–020–105, and 
UTU–020–110, as generally depicted on the map entitled 
‘‘Wilderness Inventory, State of Utah’’ and dated August 
1979, until the later of the following: 
(1) The completion of a full revision of the 
Pony Express Area Resource Management Plan, 
dated January 12, 1990, by the Salt Lake Field Of-
fice of the Bureau of Land Management. 
(2) January 1, 2015. 
SEC. 344. DESIGNATION AND MANAGEMENT OF CEDAR 
MOUNTAIN WILDERNESS, UTAH. 
(a) DESIGNATION.—Certain Federal lands in Tooele 
County, Utah, as generally depicted on the map entitled 
‘‘Cedar Mountain Wilderness’’ and dated March 7, 2004, 
are hereby designated as wilderness and, therefore, as a
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component of the National Wilderness Preservation Sys-
tem to be known as the Cedar Mountain Wilderness Area. 
(b) WITHDRAWAL.—Subject to valid existing rights, 
the Federal lands in the Cedar Mountain Wilderness Area 
are hereby withdrawn from all forms of entry, appropria-
tion, or disposal under the public land laws, from location, 
entry, and patent under the United States mining laws, 
and from disposition under all laws pertaining to mineral 
and geothermal leasing, and mineral materials, and all 
amendments to such laws. 
(c) MAP AND DESCRIPTION.— 
(1) TRANSMITTAL.—As soon as practicable 
after the date of the enactment of this Act, the Sec-
retary of the Interior shall transmit a map and legal 
description of the Cedar Mountain Wilderness Area 
to the Committee on Resources of the House of Rep-
resentatives and the Committee on Energy and Nat-
ural Resources of the Senate. 
(2) LEGAL EFFECT.—The map and legal de-
scription shall have the same force and effect as if 
included in this Act, except that the Secretary of the 
Interior may correct clerical and typographical er-
rors in the map and legal description. 
(3) AVAILABILITY.—The map and legal descrip-
tion shall be on file and available for public inspec-
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tion in the office of the Director of the Bureau of 
Land Management and the office of the State Direc-
tor of the Bureau of Land Management in the State 
of Utah. 
(d) ADMINISTRATION.—Subject to valid existing 
rights and this subtitle, the Cedar Mountain Wilderness 
Area shall be administered by the Secretary of the Interior 
in accordance with the provisions of the Wilderness Act, 
except that any reference in such provisions to the effec-
tive date of the Wilderness Act (or any similar reference) 
shall be deemed to be a reference to the date of the enact-
ment of this Act. 
(e) LAND ACQUISITION.—Any lands or interest in 
lands within the boundaries of the Cedar Mountain Wil-
derness Area acquired by the United States after the date 
of the enactment of this Act shall be added to and admin-
istered as part of the Cedar Mountain Wilderness Area. 
(f) FISH AND WILDLIFE MANAGEMENT.—As pro-
vided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 
1133(d)(7)), nothing in this subtitle shall be construed as 
affecting the jurisdiction of the State of Utah with respect 
to fish and wildlife on the Federal lands located in that 
State. 
(g) GRAZING.—Within the Cedar Mountain Wilder-
ness Area, the grazing of livestock, where established be-
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fore the date of the enactment of this Act, shall be per-
mitted to continue subject to such reasonable regulations, 
policies, and practices as the Secretary of the Interior con-
siders necessary, as long as such regulations, policies, and 
practices fully conform with and implement the intent of 
Congress regarding grazing in such areas, as such intent 
is expressed in the Wilderness Act, section 101(f) of Pub-
lic Law 101–628 (104 Stat. 4473), and appendix A of the 
Report of the Committee on Interior and Insular Affairs 
to accompany H.R. 2570 of the 101st Congress (H. Rept. 
101–405). 
(h) BUFFER ZONES.—Congress does not intend for 
the designation of the Cedar Mountain Wilderness Area 
to lead to the creation of protective perimeters or buffer 
zones around the wilderness area. The fact that nonwilder-
ness activities or uses can be seen or heard within the wil-
derness area shall not, of itself, preclude such activities 
or uses up to the boundary of the wilderness area. 
(i) RELEASE FROM WILDERNESS STUDY AREA STA-
TUS.—The lands identified as the Browns Spring 
Cherrystem on the map entitled ‘‘Proposed Browns Spring 
Cherrystem’’ and dated May 11, 2004, are released from 
their status as a wilderness study area, and shall no longer 
be subject to the requirements of section 603(c) of the 
Federal Land Policy and Management Act of 1976 (43
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U.S.C. 1782(c)) pertaining to the management of wilder-
ness study areas in a manner that does not impair the 
suitability of those areas for preservation of wilderness. 
SEC. 345. IDENTIFICATION OF ADDITIONAL BUREAU OF 
LAND 
MANAGEMENT 
LAND 
IN 
UTAH 
AS 
TRUST LAND FOR SKULL VALLEY BAND OF 
GOSHUTES. 
(a) IDENTIFICATION OF TRUST LAND.—The Sec-
retary of the Interior shall identify approximately 640 ad-
ditional acres of Bureau of Land Management land in the 
State of Utah to be administered in trust for the benefit 
of the Skull Valley Band of Goshutes. 
(b) SPECIAL CONSIDERATIONS.—In identifying the 
land under subsection (a), the Secretary of the Interior 
shall— 
(1) consult with leaders of the Tribe and the 
Governor of Utah; and 
(2) ensure that the land has ready access to 
State or Federal highways and, in the judgment of 
the Secretary, provides the best opportunities for 
commercial economic development in closest prox-
imity to other lands of the Tribe. 
(c) PLACEMENT IN TRUST.—Not later than Decem-
ber 31, 2005, the Secretary of the Interior shall place the 
land identified pursuant to subsection (a) into trust for
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the purposes of economic development for the Tribe. At 
least 30 days before placing the land in trust for the Tribe, 
the Secretary shall publish in the Federal Register legal 
descriptions of the land to be placed in trust. 
(d) MANAGEMENT
OF TRUST LAND.—The land 
placed into trust for the Tribe under subsection (c) shall 
be administered in accordance with laws generally applica-
ble to property held in trust by the United States for In-
dian Tribes, except that the land shall immediately revert 
to the administrative control of the Bureau of Land Man-
agement if the Tribe sells, or attempts to sell, any part 
of the land. 
(e) EFFECT.—Nothing in this section— 
(1) affects any valid right-of-way, lease, permit, 
mining claim, grazing permit, water right, or other 
right or interest of any person or entity (other than 
the United States) in or to the trust land that exists 
before the date on which the land is placed in trust 
for the Tribe under subsection (c); 
(2) enlarges, impairs, or otherwise affects a 
right or claim of the Tribe to any land or interest 
in land based on Aboriginal or Indian title that ex-
ists before the date of the enactment of this Act;
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(3) constitutes an express or implied reservation 
of water or water right for any purpose with respect 
to the trust land; or 
(4) affects any water right of the Tribe that ex-
ists before the date of the enactment of this Act. 
SEC. 346. RELATION TO OTHER LANDS AND LAWS. 
(a) OTHER LANDS.—Nothing in this subtitle shall be 
construed to affect any Federal lands located outside of 
the covered wilderness or the management of such lands. 
(b) CONFORMING REPEAL.—Section 2815 of the Na-
tional Defense Authorization Act for Fiscal Year 2000 
(Public Law 106–65; 113 Stat. 852) is amended by strik-
ing subsection (d). 
Subtitle F—Other Matters 
SEC. 351. CODIFICATION AND REVISION OF LIMITATION ON 
MODIFICATION OF MAJOR ITEMS OF EQUIP-
MENT SCHEDULED FOR RETIREMENT OR DIS-
POSAL. 
(a) IN GENERAL.—Chapter 134 of title 10, United 
States Code, is amended by inserting after section 2244 
the following new section:
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‘‘§ 2244a. Equipment scheduled for retirement or dis-
posal: limitation on expenditures for 
modifications 
‘‘(a) PROHIBITION.—Except as otherwise provided in 
this section, the Secretary of a military department may 
not carry out a significant modification of an aircraft, 
weapon, vessel, or other item of equipment that the Sec-
retary plans to retire or otherwise dispose of within five 
years after the date on which the modification, if carried 
out, would be completed. 
‘‘(b) SIGNIFICANT MODIFICATION DEFINED.—In this 
section, a significant modification is any modification for 
which the cost is in an amount equal to or greater than 
$1,000,000. 
‘‘(c) EXCEPTION FOR SAFETY MODIFICATIONS.—The 
prohibition in subsection (a) does not apply to a safety 
modification. 
‘‘(d) WAIVER AUTHORITY.—The Secretary concerned 
may waive the prohibition in subsection (a) in the case 
of any modification otherwise subject to that subsection 
if the Secretary determines that carrying out the modifica-
tion is in the national security interest of the United 
States. Whenever the Secretary issues such a waiver, the 
Secretary shall notify the congressional defense commit-
tees in writing.’’.
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(b) CLERICAL AMENDMENT.—The table of section at 
the beginning of such chapter is amended by inserting 
after the item relating to section 2244 the following new 
item: 
‘‘2244a. Equipment scheduled for retirement or disposal: limitation on expendi-
tures for modifications.’’. 
(c) CONFORMING REPEAL.—Section 8053 of the De-
partment of Defense Appropriations Act, 1998 (Public 
Law 105–56; 10 U.S.C. 2241 note), is repealed. 
SEC. 352. LIMITATION ON PURCHASE OF INVESTMENT 
ITEMS WITH OPERATION AND MAINTENANCE 
FUNDS. 
(a) LIMITATION ON USE OF OPERATION AND MAIN-
TENANCE FUNDS.—Chapter 134 of title 10, United States 
Code, is amended by inserting after section 2245 the fol-
lowing new section: 
‘‘§ 2245a. Use of operation and maintenance funds for 
purchase of investment items: limitation 
‘‘Funds appropriated to the Department of Defense 
for operation and maintenance may not be used to pur-
chase any item (including any item to be acquired as a 
replacement for an item) that has an investment item unit 
cost that is greater than $250,000.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting
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after the item relating to section 2245 the following new 
item: 
‘‘2245a. Use of operation and maintenance funds for purchase of investment 
items: limitation.’’. 
SEC. 353. PROVISION OF DEPARTMENT OF DEFENSE SUP-
PORT FOR CERTAIN PARALYMPIC SPORTING 
EVENTS. 
Section 2564 of title 10, United States Code, is 
amended— 
(1) in subsection (c), by adding at the end the 
following new paragraphs: 
‘‘(4) A sporting event sanctioned by the United 
States Olympic Committee through the Paralympic 
Military Program. 
‘‘(5) A national or international paralympic 
sporting event (other than one covered by paragraph 
(3) or (4))— 
‘‘(A) which is— 
‘‘(i) held in the United States or any 
of its territories or commonwealths; 
‘‘(ii) governed by the International 
Paralympic Committee; and 
‘‘(iii) sanctioned by the United States 
Olympic Committee; and 
‘‘(B) for which participation exceeds 500 
amateur athletes.’’; and
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(2) in subsection (d)— 
(A) by inserting ‘‘(1)’’ before ‘‘The Sec-
retary’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) No more than $1,000,000 may be ex-
pended in any fiscal year to provide support for 
events specified under paragraph (5) of subsection 
(c).’’. 
SEC. 354. DEVELOPMENT AND EXPLANATION OF BUDGET 
MODELS FOR BASE OPERATIONS SUPPORT, 
SUSTAINMENT, AND FACILITIES RECAPITAL-
IZATION. 
(a) REPORTS ON MODELS USED.—The Secretary of 
Defense shall include with the defense budget materials 
for fiscal years 2007 through 2011 a report describing the 
models used to prepare the budget requests for base oper-
ations support, sustainment, and facilities recapitalization. 
(b) CONTENT OF REPORTS.—The report for a fiscal 
year under subsection (a) shall include the following: 
(1) An explanation of the methodology used to 
develop each model and, if there have been any 
changes to the methodology since the previous re-
port, an explanation of the changes and the reasons 
therefor.
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(2) A description of the items contained in each 
model. 
(3) An explanation of whether the models are 
being applied to each military department and De-
fense Agencies under common definitions of base op-
erations support, sustainment, and facilities recapi-
talization and, if common definitions are not being 
used, an explanation of the differences and the rea-
sons therefor. 
(4) A description of the requested funding levels 
for base operations support, sustainment, and facili-
ties recapitalization for the fiscal year covered by the 
defense budget materials and the funding goals es-
tablished for base operations support, sustainment, 
and facilities recapitalization for at least the four 
succeeding fiscal years. 
(5) If the requested funding levels for base op-
erations support, sustainment, and facilities recapi-
talization for the fiscal year covered by the defense 
budget materials deviate from the goals for that fis-
cal year contained in the preceding report, or the 
funding goals established for succeeding fiscal years 
deviate from the goals for those fiscal years con-
tained in the preceding report, a justification for the
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funding levels and goals and an explanation of the 
reasons for the changes from the preceding report. 
(c) DEFENSE BUDGET MATERIALS DEFINED.—In 
this section, the term ‘‘defense budget materials’’ means 
the materials submitted to Congress by the Secretary of 
Defense in support of the budget for a fiscal year sub-
mitted to Congress by the President under section 1105(a) 
of title 31, United States Code. 
SEC. 355. REPORT ON DEPARTMENT OF ARMY PROGRAMS 
FOR PREPOSITIONING OF EQUIPMENT AND 
OTHER MATERIEL. 
(a) SECRETARY OF ARMY ASSESSMENT.—The Sec-
retary of the Army shall conduct an assessment of the pro-
grams of the Department of Army for the prepositioning 
of equipment and other materiel stocks. The assessment 
shall focus on how those programs are configured to sup-
port the evolving goals of the Department of Army and 
shall include identification of the following: 
(1) The key operational capabilities currently 
available in both the afloat and ashore prepositioned 
stocks of the Army, by geographic region, including 
inventory levels in brigade sets, operational projects, 
and sustainment programs. 
(2) Any significant shortfalls that exist in those 
stocks, particularly in combat and support equip-
HR 1815 RFS 
ment, spare parts, and munitions, and how the 
Army would mitigate those shortfalls in the event of 
a new conflict. 
(3) The maintenance condition of prepositioned 
equipment and supplies, especially the key ‘‘pacing’’ 
items in brigade sets, including the percentage cur-
rently maintained at the Technical Manual -10/20 
standard required by the Army. 
(4) The percentage of required cyclic mainte-
nance performed on all stocks for each of fiscal 
years 2003, 2004, and 2005 and the quality control 
procedures used to ensure that such maintenance 
was completed according to Army standards. 
(5) Whether the oversight mechanisms and in-
ternal management reports of the Army with respect 
to those stocks are adequate and ensure an accurate 
portrayal of the readiness of stocks covered by the 
report. 
(6) The funding allocated and expended for 
prepositioning programs each fiscal year since fiscal 
year 2000, by region, and an assessment of whether 
that funding level has been adequate to maintain 
program readiness. 
(7) The facilities used to store and maintain 
brigade sets and whether those facilities provide ade-
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quate (or excess) capacity, by region, for the current 
and future mission. 
(8) The current funding for the war reserve, 
the sufficiency of the war reserve inventory, and the 
effect of the war reserve on the ability of the Army 
to conduct operations. 
(b) REPORT.—The Secretary shall submit to Con-
gress a report on the assessment under subsection (a) not 
later than January 1, 2006. The report shall include each 
of the matters specified in paragraphs (1) through (7) of 
that subsection. 
(c) COMPTROLLER GENERAL REVIEW.—Not later 
than 120 days after the date of receipt of the report under 
subsection (b), the Comptroller General shall submit to 
Congress an independent review of the assessment con-
ducted by the Secretary of the Army under subsection (a). 
The review under this subsection shall include the fol-
lowing: 
(1) The Comptroller General’s assessment of 
whether the assessment by the Secretary of the 
Army under subsection (a) comprehensively address-
es each of the matters specified in paragraphs (1) 
through (7) of that subsection. 
(2) The status of the Army in addressing any 
shortfalls or other issues reported by the Depart-
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ment of the Army or identified by the Government 
Accountability Office. 
SEC. 356. REPORT REGARDING EFFECT ON MILITARY 
READINESS 
OF 
UNDOCUMENTED 
IMMI-
GRANTS TRESPASSING UPON OPERATIONAL 
RANGES. 
(a) REPORT CONTAINING ASSESSMENT
AND RE-
SPONSE PLAN.—Not later than March 15, 2006, the Sec-
retary of Defense and the Secretary of Homeland Security 
shall submit to Congress a report containing— 
(1) an assessment, conducted jointly by the 
Secretaries, of the impact on military readiness 
caused by undocumented immigrants whose entry 
into the United States involves trespassing upon 
operational ranges of the Department of Defense; 
and 
(2) a plan, prepared jointly by the Secretaries, 
for the implementation of measures to prevent such 
trespass. 
(b) ELEMENTS OF ASSESSMENT.—The assessment 
required by subsection (a) shall include the following: 
(1) A listing of the operational ranges adversely 
affected by the trespass of undocumented immi-
grants upon operational ranges.
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(2) A description of the types of range activities 
affected by such trespass. 
(3) A determination of the amount of time lost 
for range activities, and the increased costs incurred, 
as a result of such trespass. 
(4) An evaluation of the nature and extent of 
such trespass and means of travel. 
(5) An evaluation of the factors that contribute 
to the use by undocumented immigrants of oper-
ational ranges as a means to enter the United 
States. 
(6) A description of measures currently in place 
to prevent such trespass, including the use of bar-
riers to vehicles and persons, military patrols, border 
patrols, and sensors. 
(c) ELEMENTS OF PLAN.—The plan required by sub-
section (a) shall include the following: 
(1) The types of measures to be implemented to 
better prevent the trespass of undocumented immi-
grants upon operational ranges, including the con-
struction of barriers to vehicles and persons, the use 
of additional military or border patrols, and the in-
stallation of sensors. 
(2) The costs of, and timeline for, implementa-
tion of the plan.
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(d) IMPLEMENTATION REPORTS.—Not later than 
September 15, 2006, March 15, 2007, September 15, 
2007, and March 15, 2008, the Secretary of Defense shall 
submit to Congress a report detailing the progress made 
by the Department of Defense, during the six-month pe-
riod covered by the report, in implementing measures rec-
ommended in the plan required by subsection (a) to pre-
vent undocumented immigrants from trespassing upon 
operational ranges. Each report shall include the number 
and types of mitigation measures implemented and the 
success of such measures in preventing such trespass. 
(e) DEFINITIONS.—In this section, the terms ‘‘oper-
ational range’’ and ‘‘range activities’’ have the meaning 
given those terms in section 101(e) of title 10, United 
States Code. 
SEC. 357. CONGRESSIONAL NOTIFICATION REQUIREMENTS 
REGARDING PLACEMENT OF LIQUEFIED NAT-
URAL GAS FACILITIES, PIPELINES, AND RE-
LATED STRUCTURES ON DEFENSE LANDS. 
(a) NOTIFICATION REQUIRED.—Not less than 30 
days before the Secretary of Defense or the Secretary of 
a military department issues a final approval or dis-
approval or a formal opinion regarding the placement of 
any liquefied natural gas facility, pipeline, or related struc-
ture on or in the vicinity of a military installation, range,
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or other lands under the jurisdiction of the Department 
of Defense, the Secretary shall submit to Congress a re-
port detailing the justification for the approval, dis-
approval, or opinion. 
(b) CONTENT
OF REPORT.—A report under sub-
section (a) shall include consideration of the potential 
long-term effects of the liquefied natural gas facility, pipe-
line, or related structure that is the subject of the ap-
proval, disapproval, or opinion on military readiness, par-
ticularly the effects on the use of operational ranges. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘military installation’’ has the 
meaning given that term in section 2687(e)(1) of 
title 10, United States Code. 
(2) The terms ‘‘range’’ and ‘‘operational range’’ 
have the meanings given those terms in section 
101(e) of such title. 
SEC. 358. REPORT REGARDING ARMY AND AIR FORCE EX-
CHANGE SYSTEM MANAGEMENT OF ARMY 
LODGING. 
(a) REPORT REQUIRED.—The Secretary of Defense 
shall submit to Congress a report containing the results 
of a study evaluating the merits of allowing the Army and 
Air Force Exchange System to manage Army lodging. The 
study should consider at a minimum the following:
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(1) Whether current lodging agreements with 
the Army and Air Force Exchange System to pro-
vide hospitality telecommunication services would be 
impacted by privatization and whether the proposed 
change will have an impact on funds contributed to 
morale, welfare, and recreation accounts. 
(2) Whether allowing the Army and Air Force 
Exchange System to participate as a partner in the 
management of Army lodging would enhance the 
quality of lodging and improve access to such lodg-
ing as a nonprofit organization versus a partnership 
with a for-profit corporation. 
(3) Whether privatization of Army lodging will 
result in significant cost increases to members of the 
Armed Forces or other eligible patrons or the loss 
of such lodging if it is determined that management 
of such lodging is not a profitable marketing ven-
ture. 
(4) Whether there are certain benefits to having 
the Army and Air Force Exchange System become 
the partner with the Army that would not exist were 
the Army to partner with a private sector entity. 
(b) LIMITATION
PENDING
SUBMISSION
OF
RE-
PORT.—Until the Secretary of Defense submits the report 
required by subsection (a) to Congress, the Department
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of the Army may not solicit or consider any request for 
qualifications that would privatize Army lodging beyond 
the level of privatization identified for inclusion in Group 
A of the Privatization of Army Lodging Initiative. 
TITLE IV—MILITARY 
PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent active duty end strength minimum levels. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2006 limitation on number of non-dual status technicians. 
Sec. 415. Maximum number of reserve personnel authorized to be on active 
duty for operational support. 
Subtitle C—Authorizations of Appropriations 
Sec. 421. Military personnel. 
Sec. 422. Armed Forces Retirement Home. 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active 
duty personnel as of September 30, 2006, as follows: 
(1) The Army, 482,400. 
(2) The Navy, 352,700. 
(3) The Marine Corps, 175,000. 
(4) The Air Force, 357,400.
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SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 
STRENGTH MINIMUM LEVELS. 
(a) REVISION.—Section 691(b) of title 10, United 
States Code, is amended by striking paragraphs (1) 
through (4) and inserting the following: 
‘‘(1) For the Army, 482,400. 
‘‘(2) For the Navy, 352,700. 
‘‘(3) For the Marine Corps, 175,000. 
‘‘(4) For the Air Force, 357,400.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on October 1, 2005, or the 
date of the enactment of this Act, whichever is later. 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—The Armed Forces are authorized 
strengths for Selected Reserve personnel of the reserve 
components as of September 30, 2006, as follows: 
(1) The Army National Guard of the United 
States, 350,000. 
(2) The Army Reserve, 205,000. 
(3) The Naval Reserve, 73,100. 
(4) The Marine Corps Reserve, 39,600. 
(5) The Air National Guard of the United 
States, 106,800. 
(6) The Air Force Reserve, 74,000. 
(7) The Coast Guard Reserve, 10,000.
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(b) ADJUSTMENTS.—The end strengths prescribed by 
subsection (a) for the Selected Reserve of any reserve com-
ponent shall be proportionately reduced by— 
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of 
such component which are on active duty (other 
than for training) at the end of the fiscal year; and 
(2) the total number of individual members not 
in units organized to serve as units of the Selected 
Reserve of such component who are on active duty 
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end 
of the fiscal year. 
Whenever such units or such individual members are re-
leased from active duty during any fiscal year, the end 
strength prescribed for such fiscal year for the Selected 
Reserve of such reserve component shall be increased pro-
portionately by the total authorized strengths of such 
units and by the total number of such individual members. 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 
DUTY IN SUPPORT OF THE RESERVES. 
Within the end strengths prescribed in section 
411(a), the reserve components of the Armed Forces are 
authorized, as of September 30, 2006, the following num-
ber of Reserves to be serving on full-time active duty or
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full-time duty, in the case of members of the National 
Guard, for the purpose of organizing, administering, re-
cruiting, instructing, or training the reserve components: 
(1) The Army National Guard of the United 
States, 27,345. 
(2) The Army Reserve, 15,270. 
(3) The Naval Reserve, 13,392. 
(4) The Marine Corps Reserve, 2,261. 
(5) The Air National Guard of the United 
States, 13,089. 
(6) The Air Force Reserve, 2,290. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 
(DUAL STATUS). 
The minimum number of military technicians (dual 
status) as of the last day of fiscal year 2006 for the re-
serve components of the Army and the Air Force (notwith-
standing section 129 of title 10, United States Code) shall 
be the following: 
(1) For the Army Reserve, 7,649. 
(2) For the Army National Guard of the United 
States, 25,563. 
(3) For the Air Force Reserve, 9,853. 
(4) For the Air National Guard of the United 
States, 22,971.
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SEC. 414. FISCAL YEAR 2006 LIMITATION ON NUMBER OF 
NON-DUAL STATUS TECHNICIANS. 
(a) LIMITATIONS.— 
(1) NATIONAL GUARD.—Within the limitation 
provided in section 10217(c)(2) of title 10, United 
States Code, the number of non-dual status techni-
cians employed by the National Guard as of Sep-
tember 30, 2006, may not exceed the following: 
(A) For the Army National Guard of the 
United States, 1,600. 
(B) For the Air National Guard of the United 
States, 350. 
(2) ARMY RESERVE.—The number of non-dual 
status technicians employed by the Army Reserve as 
of September 30, 2006, may not exceed 695. 
(3) AIR FORCE RESERVE.—The number of non- 
dual status technicians employed by the Air Force 
Reserve as of September 30, 2006, may not exceed 
90. 
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 
this section, the term ‘‘non-dual status technician’’ has the 
meaning given that term in section 10217(a) of title 10, 
United States Code.
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SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
THORIZED TO BE ON ACTIVE DUTY FOR 
OPERATIONAL SUPPORT. 
During fiscal year 2006, the maximum number of 
members of the reserve components of the Armed Forces 
who may be serving at any time on full-time operational 
support duty under section 115(b) of title 10, United 
States Code, is the following: 
(1) The Army National Guard of the United 
States, 17,000. 
(2) The Army Reserve, 13,000. 
(3) The Naval Reserve, 6,200. 
(4) The Marine Corps Reserve, 3,000. 
(5) The Air National Guard of the United 
States, 16,000. 
(6) The Air Force Reserve, 14,000. 
Subtitle C—Authorizations of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
There is hereby authorized to be appropriated to the 
Department of Defense for military personnel for fiscal 
year 2006 a total of $108,824,292,000. The authorization 
in the preceding sentence supersedes any other authoriza-
tion of appropriations (definite or indefinite) for such pur-
pose for fiscal year 2006.
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SEC. 422. ARMED FORCES RETIREMENT HOME. 
There is hereby authorized to be appropriated for fis-
cal year 2006 from the Armed Forces Retirement Home 
Trust Fund the sum of $58,281,000 for the operation of 
the Armed Forces Retirement Home. 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel Policy 
Sec. 501. Temporary increase in percentage limits on reduction of time-in-grade 
requirements for retirement in grade upon voluntary retire-
ment. 
Sec. 502. Two-year renewal of authority to reduce minimum commissioned 
service requirement for voluntary retirement as an officer. 
Sec. 503. Separation at age 64 for reserve component senior officers. 
Sec. 504. Improved administration of transitions involving officers in senior 
general and flag officer positions. 
Sec. 505. Consolidation of grade limitations on officer assignment and insignia 
practice known as frocking. 
Sec. 506. Authority for designation of a general/flag officer position on the 
Joint Staff to be held by reserve component general or flag of-
ficer on active duty. 
Sec. 507. Authority to retain permanent professors at the Naval Academy be-
yond 30 years of active commissioned service. 
Sec. 508. Authority for appointment of Coast Guard flag officer as Chief of 
Staff to the President. 
Sec. 509. Clarification of time for receipt of statutory selection board commu-
nications. 
Sec. 510. Standardization of grade of senior dental officer of the Air Force 
with that of senior dental officer of the Army. 
Subtitle B—Reserve Component Management 
Sec. 511. Use of Reserve Montgomery GI Bill benefits and benefits for mobi-
lized members of the Selected Reserve and National Guard for 
payments for licensing or certification tests. 
Sec. 512. Modifications to new Reserve educational benefit for certain active 
service in support of contingency operations. 
Sec. 513. Military technicians (dual status) mandatory separation. 
Sec. 514. Military retirement credit for certain service by National Guard mem-
bers performed while in a State duty status immediately after 
the terrorist attacks of September 11, 2001. 
Sec. 515. Use of National Guard to provide military support to civilian law en-
forcement agencies for domestic counter-terrorism activities. 
Subtitle C—Education and Training