445
‘‘(c) ALLOWANCES DESCRIBED.—(1) The transpor-
tation authorized by subsection (a) is round-trip transpor-
tation between—
‘‘(A) the home of the family member (or the 
home of an attendant or other person provided 
transportation pursuant to paragraph (2) or (3) of 
subsection (b)); and 
‘‘(B) the location of the repatriation site or 
other location determined to be appropriate by the 
head of the agency concerned. 
‘‘(2) In addition to the transportation authorized by 
subsection (a), the head of an agency may provide a per 
diem allowance or reimbursement for the actual and nec-
essary expenses of the travel, or a combination thereof, 
but not to exceed the rates established under section 
404(d) of title 37. 
‘‘(d) PROVISION OF ALLOWANCES.—(1) The trans-
portation authorized by subsection (a) may be provided 
by any of the following means: 
‘‘(A) Transportation in-kind. 
‘‘(B) A monetary allowance in place of trans-
portation in-kind at a rate to be prescribed by the 
heads of the agencies concerned. 
‘‘(C) Reimbursement for the commercial cost of 
transportation.
446
‘‘(2) An allowance payable under this subsection may 
be paid in advance. 
‘‘(3) Reimbursement payable under this subsection 
may not exceed the cost of government-procured commer-
cial round-trip air travel. 
‘‘(e) REGULATIONS.—The heads of the agencies con-
cerned shall prescribe uniform regulations to carry out 
this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 57 of title 5, United States 
Code, is amended by adding at the end the following new 
item:
‘‘5760. Travel and transportation allowances: transportation of family members 
incident to repatriation of employees held captive.’’.
SEC. 1107. PERMANENT EXTENSION OF SCIENCE, MATHE-
MATICS, 
AND 
RESEARCH 
FOR 
TRANS-
FORMATION (SMART) DEFENSE EDUCATION 
PROGRAM. 
(a) PERMANENT EXTENSION.—Section 1105 of the 
Ronald W. Reagan National Defense Authorization Act 
for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 
2074; 10 U.S.C. 2192 note) is amended—
(1) by striking ‘‘pilot’’ each place it appears in 
the section and subsection headings and the text; 
(2) in subsection (a)—
(A) by striking ‘‘(1)’’;
447
(B) by striking paragraph (2); and 
(C) by inserting ‘‘foreign languages,’’ after 
‘‘engineering,’’; and 
(3) in subsection (b)—
(A) in paragraph (1)(B), by striking ‘‘un-
dergraduate’’ and inserting ‘‘associates degree, 
undergraduate degree,’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(3) Financial assistance provided under a 
scholarship awarded under this section may be paid 
directly to the recipient of such scholarship or to an 
administering entity for disbursement of the funds.’’. 
(b) CODIFICATION.—
(1) AMENDMENT TO TITLE 10.—Chapter 111 of 
title 10, United States Code, is amended—
(A) by inserting after section 2192 the fol-
lowing: 
‘‘§ 2192a. Science, Mathematics, and Research for 
Transformation (SMART) Defense Schol-
arship Program’’; 
and 
(B) by transferring and inserting the text 
of section 1105 of the Ronald W. Reagan Na-
tional Defense Authorization Act for Fiscal
448
Year 2005 (Public Law 108–375; 118 Stat. 
2074; 10 U.S.C. 2192 note), as amended by 
subsection (a), so as to appear below the section 
heading for section 2192a, as added by sub-
paragraph (A). 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 2192 
the following new item:
‘‘2192a. Science, Mathematics, and Research for Transformation (SMART) De-
fense Scholarship Program.’’.
(c) CONFORMING AMENDMENT.—Section 1105 of the 
Ronald W. Reagan National Defense Authorization Act 
for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 
2074; 10 U.S.C. 2192 note) is amended by striking sub-
sections (a), (b), (c), (d), (e), (f), and (h). 
SEC. 1108. VETERANS’ PREFERENCE STATUS FOR CERTAIN 
VETERANS WHO SERVED ON ACTIVE DUTY 
DURING THE PERIOD BEGINNING ON SEP-
TEMBER 11, 2001, AND ENDING AS OF THE 
CLOSE OF OPERATION IRAQI FREEDOM. 
(a) DEFINITION OF VETERAN.—Section 2108(1) of 
title 5, United States Code, is amended—
(1) in subparagraph (B), by striking ‘‘or’’ at 
the end;
449
(2) in subparagraph (C), by adding ‘‘or’’ after 
the semicolon; and 
(3) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) served on active duty as defined by 
section 101(21) of title 38 at any time in the 
armed forces for a period of more than 180 
consecutive days any part of which occurred 
during the period beginning on September 11, 
2001, and ending on the date prescribed by 
Presidential proclamation or by law as the last 
date of Operation Iraqi Freedom;’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
2108(3)(B) of such title is amended by striking ‘‘para-
graph (1)(B) or (C)’’ and inserting ‘‘paragraph (1)(B), 
(C), or (D)’’. 
TITLE XII—MATTERS RELATING 
TO FOREIGN NATIONS
Subtitle A—Assistance and Training 
Sec. 1201. Extension of humanitarian and civic assistance provided to host na-
tions in conjunction with military operations. 
Sec. 1202. Commanders’ Emergency Response Program. 
Sec. 1203. Military educational exchanges between senior officers and officials 
of the United States and Taiwan. 
Sec. 1204. Modification of geographic restriction under bilateral and regional 
cooperation programs for payment of certain expenses of de-
fense personnel of developing countries. 
Sec. 1205. Authority for Department of Defense to enter into acquisition and 
cross-servicing agreements with regional organizations of which 
the United States is not a member. 
Sec. 1206. Two-year extension of authority for payment of certain administra-
tive services and support for coalition liaison officers.
450
Subtitle B—Nonproliferation Matters and Countries of Concern 
Sec. 1211. Report on acquisition by Iran of nuclear weapons. 
Sec. 1212. Procurement sanctions against foreign persons that transfer certain 
defense articles and services to the People’s Republic of China. 
Sec. 1213. Prohibition on procurements from Communist Chinese military com-
panies. 
Subtitle C—Other Matters 
Sec. 1221. Purchase of weapons overseas for force protection purposes. 
Sec. 1222. Requirement for establishment of certain criteria applicable to on-
going Global Posture Review. 
Sec. 1223. War-related reporting requirements. 
Sec. 1224. Sense of Congress concerning cooperation with Russia on issues per-
taining to missile defense.
Subtitle A—Assistance and 
Training 
SEC. 1201. EXTENSION OF HUMANITARIAN AND CIVIC AS-
SISTANCE PROVIDED TO HOST NATIONS IN 
CONJUNCTION WITH MILITARY OPERATIONS. 
(a) LIMITATION ON AMOUNT OF ASSISTANCE FOR 
CLEARANCE OF LANDMINES, ETC.—Subsection (c)(3) of 
section 401 of title 10, United States Code is amended 
by striking ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. 
(b) EXTENSION AND CLARIFICATION OF TYPES OF 
HEALTH CARE AUTHORIZED.—Subsection (e)(1) of such 
section is amended—
(1) by inserting ‘‘surgical,’’ before ‘‘dental,’’ 
both places it appears; and 
(2) by inserting ‘‘, including education, train-
ing, and technical assistance related to the care pro-
vided’’ before the period at the end.
451
SEC. 1202. COMMANDERS’ EMERGENCY RESPONSE PRO-
GRAM. 
(a) FISCAL YEAR 2006 AUTHORITY.—During fiscal 
year 2006, from funds made available to the Department 
of Defense for operation and maintenance pursuant to 
title XV, not to exceed $500,000,000 may be used by the 
Secretary of Defense to provide funds—
(1) for the Commanders’ Emergency Response 
Program established by the Administrator of the Co-
alition Provisional Authority for the purpose of ena-
bling United States military commanders in Iraq to 
respond to urgent humanitarian relief and recon-
struction requirements within their areas of respon-
sibility by carrying out programs that will imme-
diately assist the Iraqi people; and 
(2) for a similar program to assist the people 
of Afghanistan. 
(b) QUARTERLY REPORTS.—Not later than 15 days 
after the end of each fiscal-year quarter, the Secretary of 
Defense shall submit to the congressional defense commit-
tees a report regarding the source of funds and the alloca-
tion and use of funds during that quarter that were made 
available pursuant to the authority provided in this section 
or under any other provision of law for the purposes stated 
in subsection (a).
452
(c) LIMITATION ON USE OF FUNDS.—Funds author-
ized for the Commanders’ Emergency Response Program 
by this section may not be used to provide goods, services, 
or funds to national armies, national guard forces, border 
security forces, civil defense forces, infrastructure protec-
tion forces, highway patrol units, police, special police, or 
intelligence or other security forces. 
(d) SECRETARY OF DEFENSE GUIDANCE.—Not later 
than 90 days after the date of the enactment of this Act, 
the Secretary of Defense shall issue to the commander of 
the United States Central Command detailed guidance 
concerning the types of activities for which United States 
military commanders in Iraq may use funds under the 
Commanders’ Emergency Response Program to respond 
to urgent relief and reconstruction requirements and the 
terms under which such funds may be expended. The Sec-
retary shall simultaneously provide a copy of that guid-
ance to the congressional defense committees. 
SEC. 1203. MILITARY EDUCATIONAL EXCHANGES BETWEEN 
SENIOR OFFICERS AND OFFICIALS OF THE 
UNITED STATES AND TAIWAN. 
(a) DEFENSE EXCHANGES.—The Secretary of De-
fense shall undertake a program of senior military officer 
and senior official exchanges with Taiwan designed to im-
453
prove Taiwan’s defenses against the People’s Liberation 
Army of the People’s Republic of China. 
(b) EXCHANGES DESCRIBED.—For the purposes of 
this section, the term ‘‘exchange’’ means an activity, exer-
cise, event, or observation opportunity between Armed 
Forces personnel or Department of Defense officials of the 
United States and armed forces personnel and officials of 
Taiwan. 
(c) FOCUS OF EXCHANGES.—The senior military offi-
cer and senior official exchanges undertaken pursuant to 
subsection (a) shall include exchanges focused on the fol-
lowing, especially as they relate to defending Taiwan 
against potential submarine attack and potential missile 
attack: 
(1) Threat analysis. 
(2) Military doctrine. 
(3) Force planning. 
(4) Logistical support. 
(5) Intelligence collection and analysis. 
(6) Operational tactics, techniques, and proce-
dures. 
(d) CIVIL-MILITARY AFFAIRS.—The senior military 
officer and senior official exchanges undertaken pursuant 
to subsection (a) shall include activities and exercises fo-
454
cused on civil-military relations, including parliamentary 
relations. 
(e) LOCATION OF EXCHANGES.—The senior military 
officer and senior official exchanges undertaken pursuant 
to subsection (a) shall be conducted in both the United 
States and Taiwan. 
(f) DEFINITIONS.—For purposes of this section: 
(1) The term ‘‘senior military officer’’ means a 
general or flag officer of the Armed Forces on active 
duty. 
(2) The term ‘‘senior official’’ means a civilian 
official of the Department of Defense at the level of 
Deputy Assistant Secretary of Defense or above. 
SEC. 1204. MODIFICATION OF GEOGRAPHIC RESTRICTION 
UNDER 
BILATERAL 
AND 
REGIONAL 
CO-
OPERATION PROGRAMS FOR PAYMENT OF 
CERTAIN 
EXPENSES 
OF 
DEFENSE 
PER-
SONNEL OF DEVELOPING COUNTRIES. 
Section 1051(b)(1) of title 10, United States Code, 
is amended—
(1) by inserting ‘‘to and’’ after ‘‘in connection 
with travel’’; and 
(2) by striking ‘‘in which the developing country 
is located’’ and inserting ‘‘in which the meeting for 
which expenses are authorized is located’’.
455
SEC. 1205. AUTHORITY FOR DEPARTMENT OF DEFENSE TO 
ENTER INTO ACQUISITION AND CROSS-SERV-
ICING AGREEMENTS WITH REGIONAL ORGA-
NIZATIONS OF WHICH THE UNITED STATES IS 
NOT A MEMBER. 
Subchapter I of chapter 138 of title 10, United States 
Code, is amended by striking ‘‘of which the United States 
is a member’’ in sections 2341(1), 2342(a)(1)(C), and 
2344(b)(4). 
SEC. 1206. TWO-YEAR EXTENSION OF AUTHORITY FOR PAY-
MENT OF CERTAIN ADMINISTRATIVE SERV-
ICES AND SUPPORT FOR COALITION LIAISON 
OFFICERS. 
Section 1051a(e) of title 10, United States Code, is 
amended by striking ‘‘September 30, 2005’’ and inserting 
‘‘September 30, 2007’’. 
Subtitle B—Nonproliferation 
Matters and Countries of Concern 
SEC. 1211. REPORT ON ACQUISITION BY IRAN OF NUCLEAR 
WEAPONS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
(1) the Iran Nonproliferation Act of 2000 
(Public Law 106–178) has been a critical tool in 
preventing the spread of weapons of mass destruc-
tion and their associated delivery systems to Iran;
456
(2) the prevention of the development by Iran 
of weapons of mass destruction and their associated 
delivery systems remains the paramount policy goal 
of the United States with respect to matters associ-
ated with Iran; and 
(3) the Iran Nonproliferation Act of 2000 
should not be weakened by creating exceptions to re-
quirements of such Act that are intended to serve 
lesser policy priorities. 
(b) REPORT.—Not later than nine months after the 
date of the enactment of this Act, the Secretary of Defense 
and Chairman of the Joint Chiefs of Staff shall submit 
to Congress a report that examines the strategic and mili-
tary implications of the acquisition by Iran of nuclear 
weapons during the five-year period beginning on the date 
of the enactment of this Act. The report shall include the 
following: 
(1) An assessment of the acquisition by Iran of 
nuclear weapons on the balance of power among 
states within the area of responsibility of the United 
States Central Command. 
(2) A description of the active and passive de-
fense systems of the United States that may be able 
to counter such nuclear weapons based on the fu-
ture-years defense program under section 221 of
457
title 10, United States Code, extant at the time of 
the fiscal year 2005 defense budget request. 
(3) A description of the military capabilities 
that the United States possesses that would enable 
it to deal with the potential acquisition and use of 
nuclear weapons by Iran within the area of responsi-
bility of the United States Central Command. 
(4) An assessment of Iran’s ability to deliver 
and detonate nuclear weapons outside of the area of 
responsibility of the United States Central Com-
mand. 
(5) A summary of the entities that have pro-
vided technology, knowledge, or assistance useful in 
the efforts of Iran to develop weapons of mass de-
struction or their associated delivery systems during 
the ten-year period ending on the date of the enact-
ment of this Act. 
(c) FORM.—The report described in subsection (b) 
shall be submitted in unclassified form as appropriate, 
with a classified annex as necessary.
458
SEC. 1212. PROCUREMENT SANCTIONS AGAINST FOREIGN 
PERSONS 
THAT 
TRANSFER 
CERTAIN 
DE-
FENSE ARTICLES AND SERVICES TO THE 
PEOPLE’S REPUBLIC OF CHINA. 
(a) DECLARATION OF POLICY.—Congress declares 
that it is the policy of the United States to deny the Peo-
ple’s Republic of China such defense goods and defense 
technology that could be used to threaten the United 
States or undermine the security of Taiwan or the stability 
of the Western Pacific region. 
(b) PROCUREMENT SANCTION.—(1) The Secretary of 
Defense may not procure, by contract or otherwise, any 
goods or services from—
(A) any foreign person the Secretary of Defense 
determines has, with actual knowledge, on or after 
the date of the enactment of this Act, exported, 
transferred, or otherwise provided to governmental 
or nongovernmental entities of the People’s Republic 
of China any item or class of items on the United 
States Munitions List (or any item or class of items 
that are identical, substantially identical, or directly 
competitive to an item or class of items on the 
United States Munitions List); or 
(B) any foreign person the Secretary of Defense 
determines—
459
(i) is a successor entity to a person re-
ferred to in paragraph (1); 
(ii) is a parent or subsidiary of a person 
referred to in paragraph (1); or 
(iii) is an affiliate of a person referred to 
in paragraph (1) if that affiliate is controlled in 
fact by such person. 
(2) The prohibition under paragraph (1) with respect 
to a foreign person shall last for a period of five years 
after a determination is made by the Secretary of Defense 
with respect to that person under paragraph (1)(A). 
(c) PUBLIC AVAILABILITY OF LIST OF SANCTIONED 
PERSONS.—(1) The Secretary of Defense shall annually 
publish in the Federal Register a current list of any for-
eign persons sanctioned under subsection (b). The removal 
of foreign persons from, and the addition of foreign per-
sons to, the list shall also be so published. 
(2) The Secretary shall maintain the list published 
under paragraph (1) on the Internet website of the De-
partment of Defense. 
(d) REMOVAL FROM LIST
OF SANCTIONED PER-
SONS.—The Secretary of Defense may remove a person 
from the list of sanctioned persons referred to in sub-
section (c) only after the five-year prohibition period im-
460
posed under subsection (b) with respect to the person has 
expired. 
(e) EXCEPTIONS.—(1) Subsection (b) shall not 
apply—
(A) to contracts, or subcontracts under such 
contracts, in existence on the date of the enactment 
of this Act, including options under such contracts; 
(B) if the Secretary of Defense determines in 
writing that the person to which the sanctions would 
otherwise be applied is a sole source supplier of the 
goods or services being procured, that the goods or 
services are essential, and that alternative sources 
are not readily or reasonably available; 
(C) in the case of a contract for routine serv-
icing and maintenance, if the Secretary of Defense 
determines in writing alternative sources for per-
forming the contract are not readily or reasonably 
available; or 
(D) if the Secretary of Defense determines in 
writing that goods or services proposed to be pro-
cured under the contract are essential to the na-
tional security of the United States. 
(2) Determinations under paragraph (1) shall be pub-
lished in the Federal Register. 
(f) DEFINITIONS.—In this section:
461
(1) The term ‘‘foreign person’’ has the meaning 
given the term in section 14 of the Iran and Libya 
Sanctions Act of 1996 (50 U.S.C. 1701 note). 
(2) The term ‘‘United States Munitions List’’ 
means the list referred to in section 38(a)(1) of the 
Arms Export Control Act (22 U.S.C. 2778(a)(1)). 
SEC. 1213. PROHIBITION ON PROCUREMENTS FROM COM-
MUNIST CHINESE MILITARY COMPANIES. 
(a) PROHIBITION.—The Secretary of Defense may 
not procure goods or services, through a contract or any 
subcontract (at any tier) under a contract, from any Com-
munist Chinese military company. 
(b) DEFINITION.—In this section, the term ‘‘Com-
munist Chinese military company’’ has the meaning pro-
vided that term by section 1237(b)(4) of the Strom Thur-
mond National Defense Authorization Act for Fiscal Year 
1999 (50 U.S.C. 1701 note). 
Subtitle C—Other Matters 
SEC. 1221. PURCHASE OF WEAPONS OVERSEAS FOR FORCE 
PROTECTION PURPOSES. 
(a) PURCHASES IN COUNTRIES IN WHICH COMBAT 
OPERATIONS ARE ONGOING.—
(1) FORCE PROTECTION PURCHASES.—Chapter 
3 of title 10, United States Code, is amended by in-
serting after section 127b the following new section:
462
‘‘§ 127c. Purchase of weapons overseas: force protec-
tion 
‘‘(a) AUTHORITY.—When elements of the armed 
forces are engaged in ongoing military operations in a 
country, the Secretary of Defense may, for the purpose 
of protecting United States forces in that country, pur-
chase weapons from any foreign person, foreign govern-
ment, international organization, or other entity located 
in that country. 
‘‘(b) LIMITATION.—The total amount expended dur-
ing any fiscal year for purchases under this section may 
not exceed $15,000,000. 
‘‘(c) ANNUAL CONGRESSIONAL REPORT.—Not later 
than 30 days after the end of each fiscal year during which 
the authority under subsection (a) is used, the Secretary 
of Defense shall submit to the congressional defense com-
mittees a report on the use of that authority during that 
fiscal year. Each such report shall include the following: 
‘‘(1) The number and type of weapons pur-
chased during that fiscal year under subsection (a), 
together with the amount spent for those weapons 
and the Secretary’s estimate of the fair market value 
of those weapons. 
‘‘(2) A description of the dispositions (if any) 
during that fiscal year of weapons purchased under 
subsection (a).’’.
463
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 127b 
the following new item:
‘‘127c. Purchase of weapons overseas: force protection.’’.
(b) EFFECTIVE DATE.—Section 127c of title 10, 
United States Code, as added by subsection (a), shall take 
effect on October 1, 2005. 
SEC. 1222. REQUIREMENT FOR ESTABLISHMENT OF CER-
TAIN CRITERIA APPLICABLE TO ON-GOING 
GLOBAL POSTURE REVIEW. 
(a) CRITERIA.—As part of the on-going review of 
overseas basing plans being conducted within the Depart-
ment of Defense that is referred to as the ‘‘Global Posture 
Review’’, the Secretary of Defense shall develop criteria 
for assessing, with respect to each type of facility specified 
in subsection (c), the following factors in deciding whether 
to seek agreement with a foreign country to establish or 
maintain such a facility in that country: 
(1) The effect on strategic mobility of units de-
ployed to overseas locations in areas in which United 
States Armed Forces have not traditionally been de-
ployed. 
(2) The cost of deploying units to areas re-
ferred to in paragraph (1) on a rotational basis 
(rather than on a permanent basing basis).
464
(3) The strategic benefit of rotational deploy-
ments through countries with which the United 
States is developing a close or new security relation-
ship. 
(4) The relative speed and complexity of con-
ducting negotiations with a particular country. 
(5) The appropriate and available funding 
mechanisms for changes to specific Main Operating 
Bases, Forward Operating Bases, or Cooperative Se-
curity Locations. 
(6) The effect on military quality of life of es-
tablishing or maintaining any of such types of facili-
ties. 
(7) Other criteria as Secretary of Defense de-
termines appropriate. 
(b) ANALYSIS OF ALTERNATIVES TO BASING OR OP-
ERATING LOCATIONS.—The Secretary of Defense shall de-
velop a mechanism for analyzing alternatives to any par-
ticular overseas basing or operating location. Such a mech-
anism shall incorporate the factors specified in paragraphs 
(1) through (4) of subsection (a). 
(c) MINIMAL INFRASTRUCTURE REQUIREMENTS FOR 
OVERSEAS INSTALLATIONS.—The Secretary of Defense 
shall develop a template of minimal infrastructure require-
ments for each of the following types of facilities:
465
(1) Facilities categorized as Main Operating 
Bases. 
(2) Facilities categorized as Forward Operating 
Bases. 
(3) Facilities categorized as Cooperative Secu-
rity Locations. 
(d) CONSULTATION WITH SENIOR MILITARY OFFI-
CERS.—The Secretary of Defense shall carry out sub-
sections (a), (b), and (c) in consultation with the Chair-
man of the Joint Chiefs of Staff and the commanders of 
the regional combatant commands. 
(e) ANNUAL BUDGET ELEMENT.—The Secretary of 
Defense shall provide to Congress, as an element of the 
annual budget request of the Secretary, information re-
garding the funding sources for changes to individual 
Main Operating Bases, Forward Operating Bases, or Co-
operative Security Locations. 
(f) REPORT.—Not later than March 30, 2006, the 
Secretary of Defense shall submit to Congress a report 
on the matters specified in subsections (a) through (c). 
SEC. 1223. WAR-RELATED REPORTING REQUIREMENTS. 
(a) REPORTS REQUIRED
FOR OPERATION IRAQI 
FREEDOM, OPERATION ENDURING FREEDOM, AND OPER-
ATION NOBLE EAGLE.—The Secretary of Defense shall 
submit to the congressional defense committees, in accord-
466
ance with this section, war-related reports on costs, recon-
stitution, and military construction for each of Operation 
Iraqi Freedom, Operation Enduring Freedom, and Oper-
ation Noble Eagle. 
(b) SUBMISSION TO GAO OF CERTAIN REPORTS ON 
COSTS.—The Secretary of Defense shall submit to the 
Comptroller General, no later than 45 days after the end 
of each reporting month, the Department of Defense Sup-
plemental and Cost of War Execution reports. Based on 
these reports, the Comptroller General shall provide Con-
gress quarterly updates on war costs. 
(c) RECONSTITUTION.—
(1) 
PROCUREMENT.—The 
report 
prepared 
under subsection (a) shall identify, for each war-re-
lated procurement funding request since fiscal year 
2003, end-item quantities requested and the purpose 
of the request (such as replacement for battle losses, 
improved capability, increase in force size, restruc-
turing of forces), shown by service. 
(2) EQUIPMENT
MAINTENANCE.—The report 
prepared under subsection (a) shall provide an as-
sessment that compares peacetime versus wartime 
equipment maintenance requirements. The assess-
ment should include the effect of war operations on 
the backlog of maintenance requirements over the
467
period of fiscal years 2003 to the present. It should 
also examine the extent that war operations have 
precluded maintenance from being performed be-
cause equipment was unavailable. 
(3) SUBMISSION REQUIREMENTS.—The report 
under this subsection shall be submitted to the Con-
gress not later than 180 days after the date of the 
enactment of this Act. The Secretary of Defense 
shall submit updated procurement and equipment 
maintenance reports concurrently with future war-
related funding requests. 
(d) MILITARY CONSTRUCTION.—
(1) MILITARY CONSTRUCTION.—The report pre-
pared under subsection (a) shall identify the number 
of United States military personnel that can be sup-
ported by the facility infrastructure in Iraq and Af-
ghanistan and in the neighboring countries from 
where Operation Iraq Freedom and Operation En-
during Freedom are supported. 
(2) SUBMISSION REQUIREMENTS.—The report 
shall be submitted to Congress not later than 180 
days after the date of the enactment of this Act. 
The Secretary of Defense shall submit an updated 
military construction report concurrently with future 
war-related funding requests.
468
SEC. 1224. SENSE OF CONGRESS CONCERNING COOPERA-
TION WITH RUSSIA ON ISSUES PERTAINING 
TO MISSILE DEFENSE. 
It is the sense of Congress that—
(1) cooperation between the United States and 
Russia with regard to missile defense is in the inter-
est of the United States; 
(2) there does not exist strong enough engage-
ment between the United States and Russia with re-
spect to missile defense cooperation; 
(3) the United States should explore innovative 
and nontraditional means of cooperation with Russia 
on issues pertaining to missile defense; and 
(4) as part of such an effort, the Secretary of 
Defense should consider the possibilities for United 
States-Russian cooperation with respect to missile 
defense through—
(A) the testing of specific elements of the 
detection and tracking equipment of the Missile 
Defense Agency of the United States Depart-
ment of Defense through the use of Russian 
target missiles; and 
(B) the provision of early warning radar to 
the Missile Defense Agency by the use of Rus-
sian radar data.
469
TITLE 
XIII—COOPERATIVE 
THREAT 
REDUCTION 
WITH 
STATES OF THE FORMER SO-
VIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 
Sec. 1302. Funding allocations. 
Sec. 1303. Authority to obligate weapons of mass destruction proliferation pre-
vention funds for nuclear weapons storage security. 
Sec. 1304. Extension of limited waiver of restrictions on use of funds for threat 
reduction in states of the former Soviet Union. 
Sec. 1305.
Report on elimination of impediments to nuclear threat-reduction 
and nonproliferation programs in the Russian Federation.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE-
DUCTION PROGRAMS AND FUNDS. 
(a) SPECIFICATION OF CTR PROGRAMS.—For pur-
poses of section 301 and other provisions of this Act, Co-
operative Threat Reduction programs are the programs 
specified in section 1501(b) of the National Defense Au-
thorization Act for Fiscal Year 1997 (Public Law 104–
201; 110 Stat. 2731; 50 U.S.C. 2362 note). 
(b) FISCAL YEAR 2006 COOPERATIVE THREAT RE-
DUCTION FUNDS DEFINED.—As used in this title, the 
term ‘‘fiscal year 2006 Cooperative Threat Reduction 
funds’’ means the funds appropriated pursuant to the au-
thorization of appropriations in section 301 for Coopera-
tive Threat Reduction programs. 
(c) AVAILABILITY OF FUNDS.—Funds appropriated 
pursuant to the authorization of appropriations in section
470
301 for Cooperative Threat Reduction programs shall be 
available for obligation for three fiscal years. 
SEC. 1302. FUNDING ALLOCATIONS. 
(a) FUNDING
FOR SPECIFIC PURPOSES.—Of the 
$415,549,000 authorized to be appropriated to the De-
partment of Defense for fiscal year 2006 in section 
301(19) for Cooperative Threat Reduction programs, the 
following amounts may be obligated for the purposes spec-
ified: 
(1) For strategic offensive arms elimination in 
Russia, $78,900,000. 
(2) For nuclear weapons storage security in 
Russia, $74,100,000. 
(3) For nuclear weapons transportation security 
in Russia, $30,000,000. 
(4) For weapons of mass destruction prolifera-
tion prevention in the states of the former Soviet 
Union, $40,600,000. 
(5) For chemical weapons destruction in Rus-
sia, $108,500,000. 
(6) For biological weapons proliferation preven-
tion in the former Soviet Union, $60,849,000. 
(7) 
For 
defense 
and 
military 
contacts, 
$8,000,000.
471
(8) For activities designated as Other Assess-
ments/Administrative Support, $14,600,000. 
(b) REPORT ON OBLIGATION OR EXPENDITURE OF 
FUNDS FOR OTHER PURPOSES.—No fiscal year 2006 Co-
operative Threat Reduction funds may be obligated or ex-
pended for a purpose other than a purpose listed in para-
graphs (1) through (8) of subsection (a) until 30 days 
after the date that the Secretary of Defense submits to 
Congress a report on the purpose for which the funds will 
be obligated or expended and the amount of funds to be 
obligated or expended. Nothing in the preceding sentence 
shall be construed as authorizing the obligation or expend-
iture of fiscal year 2006 Cooperative Threat Reduction 
funds for a purpose for which the obligation or expendi-
ture of such funds is specifically prohibited under this title 
or any other provision of law. 
(c) LIMITED
AUTHORITY
TO
VARY
INDIVIDUAL 
AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any 
case in which the Secretary of Defense determines that 
it is necessary to do so in the national interest, the Sec-
retary may obligate amounts appropriated for fiscal year 
2006 for a purpose listed in any of the paragraphs in sub-
section (a) in excess of the specific amount authorized for 
that purpose.
472
(2) An obligation of funds for a purpose stated in 
any of the paragraphs in subsection (a) in excess of the 
specific amount authorized for such purpose may be made 
using the authority provided in paragraph (1) only after—
(A) the Secretary submits to Congress notifica-
tion of the intent to do so together with a complete 
discussion of the justification for doing so; and 
(B) 15 days have elapsed following the date of 
the notification. 
(3) The Secretary may not, under the authority pro-
vided in paragraph (1), obligate amounts for a purpose 
stated in any of paragraphs (5) through (8) of subsection 
(a) in excess of 125 percent of the specific amount author-
ized for such purpose. 
SEC. 1303. AUTHORITY TO OBLIGATE WEAPONS OF MASS 
DESTRUCTION PROLIFERATION PREVENTION 
FUNDS FOR NUCLEAR WEAPONS STORAGE 
SECURITY. 
(a) IN GENERAL.—Subject to subsection (b), in any 
case in which the Secretary of Defense determines that 
it is necessary to do so in the national interest, the Sec-
retary may obligate amounts appropriated for fiscal year 
2006 for the purpose listed in subsection (c)(4) of section 
1302 for the purpose listed in subsection (c)(2) of that 
section.
473
(b) LIMITATION.—The authority provided in sub-
section (a) may be used only after—
(1) the Secretary submits to Congress notification of 
the intent to do so together with a complete discussion 
of the justification for doing so; and 
(2) 15 days have elapsed following the date of the 
notification. 
SEC. 1304. EXTENSION OF LIMITED WAIVER OF RESTRIC-
TIONS ON USE OF FUNDS FOR THREAT RE-
DUCTION IN STATES OF THE FORMER SOVIET 
UNION. 
Section 1306 of the Bob Stump National Defense 
Authorization Act for Fiscal Year 2003 (22 U.S.C. 5952 
note) is amended by adding at the end the following new 
subsection: 
‘‘(f) COVERAGE OF CALENDAR YEARS.—The author-
ity under subsection (a) applies with respect to calendar 
years 2005, 2006, and 2007 in the same manner as it 
applies to fiscal years. The authority under this subsection 
shall expire on December 31, 2007.’’. 
SEC. 1305. REPORT ON ELIMINATION OF IMPEDIMENTS TO 
NUCLEAR 
THREAT-REDUCTION 
AND 
NON-
PROLIFERATION PROGRAMS IN THE RUSSIAN 
FEDERATION. 
(a) FINDINGS.—Congress finds that—
474
(1) despite the importance of programs and ac-
tivities to assist in securing nuclear weapons and 
fissile materials in the states of the former Soviet 
Union, the effective conduct of some programs and 
activities in the Russian Federation is impeded by 
numerous legal and administrative disagreements re-
garding a variety of issues, including issues relating 
to access to sites, liability, and taxation; and 
(2) it has been possible to resolve disagreements 
of that nature in other republics of the former So-
viet Union through committed and high-level discus-
sions between the United States and those republics. 
(b) REPORT.—Not later than November 1, 2006, the 
President shall submit to Congress a report on impedi-
ments in the states of the former Soviet Union to the ef-
fective conduct of programs and activities of the United 
States relating to securing nuclear weapons and fissile ma-
terials in those states. The report shall—
(1) identify the impediments to the rapid, effi-
cient, and effective conduct of programs and activi-
ties of the Department of Defense, the Department 
of State, and the Department of Energy to assist in 
securing such materials in those states, including 
issues relating to access to sites, liability, and tax-
ation; and
475
(2) describe the plans of the United States to 
overcome or ameliorate such impediments, including 
an identification and discussion of new models and 
approaches that might be used to develop new rela-
tionships with entities in Russia capable of assisting 
in removing or ameliorating those impediments, and 
any congressional action that may be necessary for 
that purpose. 
TITLE XIV—CONTRACT DISPUTE 
ENHANCEMENT
Subtitle A—General provisions 
Sec. 1411. Definitions. 
Subtitle B—Establishment of civilian and defense Boards of contract appeals 
Sec. 1421. Establishment. 
Sec. 1422. Membership. 
Sec. 1423. Chairmen. 
Sec. 1424. Rulemaking authority. 
Sec. 1425. Authorization of appropriations. 
Subtitle C—Functions of defense and civilian Boards of contract appeals 
Sec. 1431. Contract disputes. 
Sec. 1432. Enhanced access for small business. 
Sec. 1433. Applicability to certain contracts. 
Subtitle D—Transfers and transition, savings, and conforming provisions 
Sec. 1441. Transfer and allocation of appropriations and personnel. 
Sec. 1442. Terminations and savings provisions. 
Sec. 1443. Contract disputes authority of Boards. 
Sec. 1444. References to agency Boards of contract appeals. 
Sec. 1445. Conforming amendments. 
Subtitle E—Effective Date; Regulations and Appointment of Chairmen 
Sec. 1451. Effective date. 
Sec. 1452. Regulations. 
Sec. 1453. Appointment of Chairmen of Defense Board and Civilian Board.
476
Subtitle A—General Provisions 
SEC. 1411. DEFINITIONS. 
(a) IN GENERAL.—The Office of Federal Procure-
ment Policy Act (41 U.S.C. 401 et seq.) is amended by 
adding at the end the following: 
‘‘TITLE II—DISPUTE 
RESOLUTION 
‘‘Subtitle A—General Provisions 
‘‘SEC. 201. DEFINITIONS. 
‘‘In this title: 
‘‘(1) The term ‘Defense Board’ means the De-
partment of Defense Board of Contract Appeals es-
tablished pursuant to section 8(a)(1) of the Contract 
Disputes Act of 1978 (41 U.S.C. 607). 
‘‘(2) The term ‘Civilian Board’ means the Civil-
ian Board of Contract Appeals established pursuant 
to section 8(b)(1) of the Contract Disputes Act of 
1978 (41 U.S.C. 607). 
‘‘(3) The term ‘Board judge’ means a member 
of the Defense Board or the Civilian Board, as the 
case may be. 
‘‘(4) The term ‘Chairman’ means the Chairman 
of the Defense Board or the Civilian Board, as the 
case may be. 
‘‘(5) The term ‘Board concerned’ means—