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must have been reasonable under all the cir-
cumstances. To be reasonable the ignorance or mis-
take must have been based on information, or lack 
of it, which would indicate to a reasonable person 
that the other person consented. Additionally, the ig-
norance or mistake cannot be based on the negligent 
failure to discover the true facts. Negligence is the 
absence of due care. Due care is what a reasonably 
careful person would do under the same or similar 
circumstances. The accused’s state of intoxication, if 
any, at the time of the offense is not relevant to mis-
take of fact. A mistaken belief that the other person 
consented must be that which a reasonably careful, 
ordinary, prudent, sober adult would have had under 
the circumstances at the time of the offense. 
‘‘(16) AFFIRMATIVE DEFENSE.—The term ‘af-
firmative defense’ means any special defense which, 
although not denying that the accused committed 
the objective acts constituting the offense charged, 
denies, wholly, or partially, criminal responsibility 
for those acts. The accused has the burden of prov-
ing the affirmative defense by a preponderance of 
evidence. After the defense meets this burden, the 
prosecution shall have the burden of proving beyond
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a reasonable doubt that the affirmative defense did 
not exist.’’. 
(2) CLERICAL AMENDMENT.—The item relating 
to section 920 (article 120) in the table of sections 
at the beginning of subchapter X of chapter 47 of 
title 10, United States Code (the Uniform Code of 
Military Justice), is amended to read as follows: 
‘‘920. Art. 120. Rape, sexual assault, and other sexual misconduct.’’. 
(b) INTERIM MAXIMUM PUNISHMENTS.—Until the 
President otherwise provides pursuant to section 856 of 
title 10, United States Code (article 56 of the Uniform 
Code of Military Justice), the punishment which a court- 
martial may direct for an offense under section 920 of 
such title (article 120 of the Uniform Code of Military 
Justice), as amended by subsection (a), may not exceed 
the following limits: 
(1) SUBSECTIONS (a) AND (b).—For an offense 
under subsection (a) (rape) or (b) (rape of a child), 
death or such other punishments as a court-martial 
may direct. 
(2) SUBSECTION
(c).—For an offense under 
subsection (c) (aggravated sexual assault), dishonor-
able discharge, forfeiture of all pay and allowances, 
and confinement for 30 years. 
(3) SUBSECTIONS (d) AND (e).—For an offense 
under subsection (d) (aggravated sexual assault of a
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child) or (e) (aggravated sexual contact), dishonor-
able discharge, forfeiture of all pay and allowances, 
and confinement for 20 years. 
(4) SUBSECTIONS (f) AND (g).—For an offense 
under subsection (f) (aggravated sexual abuse of a 
child) or (g) (aggravated sexual contact with a 
child), dishonorable discharge, forfeiture of all pay 
and allowances, and confinement for 15 years. 
(5) SUBSECTIONS (h) THROUGH (j).—For an of-
fense under subsection (h) (abusive sexual contact), 
(i) (abusive sexual contact with a child), or (j) (inde-
cent liberty with a child), dishonorable discharge, 
forfeiture of all pay and allowances, and confinement 
for 7 years. 
(6) SUBSECTIONS (k) AND (l).—For an offense 
under subsection (k) (indecent act) or (l) (forcible 
pandering), dishonorable discharge, forfeiture of all 
pay and allowances, and confinement for 5 years. 
(7) SUBSECTIONS (m) AND (n).—For an offense 
under subsection (m) (wrongful sexual contact) or 
(n) (indecent exposure), dishonorable discharge, for-
feiture of all pay and allowances, and confinement 
for 1 year. 
(c) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect 1 year after the date of
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the enactment of this Act and section 920 of title 10, 
United States Code (article 120 of the Uniform Code of 
Military Justice), as amended by subsection (a), shall 
apply with respect to offenses committed on or after that 
effective date. 
(d) CONFORMING AMENDMENT.—Section 918 of title 
10, United States Code (article 118 of the Uniform Code 
of Military Justice), is amended in paragraph (4) by strik-
ing ‘‘rape,’’ and inserting ‘‘rape, rape of a child, aggra-
vated sexual assault, aggravated sexual assault of a child, 
aggravated sexual contact, aggravated sexual abuse of a 
child, aggravated sexual contact with a child,’’. 
Subtitle 
G—Assistance 
to 
Local 
Educational Agencies for De-
fense Dependents Education 
SEC. 561. ENROLLMENT IN OVERSEAS SCHOOLS OF DE-
FENSE DEPENDENTS’ EDUCATION SYSTEM OF 
CHILDREN OF CITIZENS OR NATIONALS OF 
THE UNITED STATES HIRED IN OVERSEAS 
AREAS AS FULL-TIME DEPARTMENT OF DE-
FENSE EMPLOYEES. 
Paragraph (2) of section 1414 of the Defense De-
pendents’ Education Act of 1978 (20 U.S.C. 932) is 
amended to read as follows:
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‘‘(2) The term ‘sponsor’ means a person who 
is— 
‘‘(A) a member of the Armed Forces serv-
ing on active duty who— 
‘‘(i) is authorized to transport depend-
ents to or from an overseas area at Gov-
ernment expense; and 
‘‘(ii) is provided an allowance for liv-
ing quarters in that area; 
‘‘(B) a full-time civilian officer or employee 
of the Department of Defense who— 
‘‘(i) is a citizen or national of the 
United States; 
‘‘(ii) is authorized to transport de-
pendents to or from an overseas area at 
Government expense; and 
‘‘(iii) is provided an allowance for liv-
ing quarters in that area; or 
‘‘(C) a full-time civilian officer or employee 
of the Department of Defense who— 
‘‘(i) is a citizen or national of the 
United States; 
‘‘(ii) resided in an overseas area at 
the time of the person’s employment; and
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‘‘(iii) is employed by the Department 
of Defense in that area.’’. 
SEC. 562. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES 
THAT BENEFIT DEPENDENTS OF MEMBERS 
OF THE ARMED FORCES AND DEPARTMENT 
OF DEFENSE CIVILIAN EMPLOYEES. 
(a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT 
NUMBERS OF MILITARY DEPENDENT STUDENTS.— 
(1) ASSISTANCE AUTHORIZED.—The Secretary 
of Defense shall provide financial assistance to an el-
igible local educational agency described in para-
graph (2) if, without such assistance, the local edu-
cational agency will be unable (as determined by the 
Secretary of Defense in consultation with the Sec-
retary of Education) to provide the students in the 
schools of the local educational agency with a level 
of education that is equivalent to the minimum level 
of education available in the schools of the other 
local educational agencies in the same State. 
(2) ELIGIBLE
LOCAL
EDUCATIONAL
AGEN-
CIES.—A local educational agency is eligible for as-
sistance under this subsection for a fiscal year if at 
least 20 percent (as rounded to the nearest whole 
percent) of the students in average daily attendance 
in the schools of the local educational agency during
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the preceding school year were military dependent 
students counted under section 8003(a)(1) of the El-
ementary and Secondary Education Act of 1965 (20 
U.S.C. 7703(a)(1)). 
(b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT 
CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE 
CHANGES, OR FORCE RELOCATIONS.— 
(1) ASSISTANCE AUTHORIZED.—To assist com-
munities in making adjustments resulting from 
changes in the size or location of the Armed Forces, 
the Secretary of Defense shall provide financial as-
sistance to an eligible local educational agency de-
scribed in paragraph (2) if, during the period be-
tween the end of the school year preceding the fiscal 
year for which the assistance is authorized and the 
beginning of the school year immediately preceding 
that school year, the local educational agency had 
(as determined by the Secretary of Defense in con-
sultation with the Secretary of Education) an overall 
increase or reduction of— 
(A) not less than five percent in the aver-
age daily attendance of military dependent stu-
dents in the schools of the local educational 
agency; or
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(B) not less than 250 military dependent 
students in average daily attendance in the 
schools of the local educational agency. 
(2) ELIGIBLE
LOCAL
EDUCATIONAL
AGEN-
CIES.—A local educational agency is eligible for as-
sistance under this subsection for a fiscal year if— 
(A) the local educational agency is eligible 
for assistance under subsection (a) for the same 
fiscal year, or would have been eligible for such 
assistance if not for the reduction in military 
dependent students in schools of the local edu-
cational agency; and 
(B) the overall increase or reduction in 
military dependent students in schools of the 
local educational agency is the result of the clo-
sure or realignment of military installations 
under the base closure process or the relocation 
of members of the Armed Forces and civilian 
employees of the Department of Defense as 
part of force structure changes or movements of 
units or personnel between military installa-
tions. 
(3) CALCULATION
OF
AMOUNT
OF
ASSIST-
ANCE.—
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(A) 
PRO
RATA
DISTRIBUTION.—The 
amount of the assistance provided under this 
subsection to a local educational agency that is 
eligible for such assistance for a fiscal year 
shall be equal to the product obtained by multi-
plying— 
(i) the per-student rate determined 
under subparagraph (B) for that fiscal 
year; by 
(ii) the net of the overall increases 
and reductions in the number of military 
dependent students in schools of the local 
educational agency, as determined under 
paragraph (1). 
(B) PER-STUDENT
RATE.—For purposes 
of subparagraph (A)(i), the per-student rate for 
a fiscal year shall be equal to the dollar amount 
obtained by dividing— 
(i) the total amount of funds made 
available for that fiscal year to provide as-
sistance under this subsection; by 
(ii) the sum of the overall increases 
and reductions in the number of military 
dependent students in schools of all eligible
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local educational agencies for that fiscal 
year under this subsection. 
(c) NOTIFICATION.—Not later than June 30, 2006, 
and June 30 of each fiscal year thereafter for which funds 
are made available to carry out this section, the Secretary 
of Defense shall notify each local educational agency that 
is eligible for assistance under this section for that fiscal 
year of— 
(1) the eligibility of the local educational agency 
for the assistance, including whether the agency is 
eligible for assistance under either subsection (a) or 
(b) or both subsections; and 
(2) the amount of the assistance for which the 
local educational agency is eligible. 
(d) DISBURSEMENT OF FUNDS.—The Secretary of 
Defense shall disburse assistance made available under 
this section for a fiscal year not later than 30 days after 
the date on which notification to the eligible local edu-
cational agencies is provided pursuant to subsection (c) 
for that fiscal year. 
(e) FINDING
FOR FISCAL YEAR 2006.—Of the 
amount authorized to be appropriated pursuant to section 
301(5) for operation and maintenance for Defense-wide 
activities—
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(1) $50,000,000 shall be available only for the 
purpose of providing assistance to local educational 
agencies under subsection (a); and 
(2) $10,000,000 shall be available only for the 
purpose of providing assistance to local educational 
agencies under subsection (b). 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘base closure process’’ means the 
2005 base closure and realignment process author-
ized by Defense Base Closure and Realignment Act 
of 1990 (part A of title XXIX of Public Law 101– 
510; 10 U.S.C. 2687 note) or any base closure and 
realignment process conducted after the date of the 
enactment of this Act under section 2687 of title 10, 
United States Code, or any other similar law en-
acted after that date. 
(2) The term ‘‘local educational agency’’ has 
the meaning given that term in section 8013(9) of 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7713(9)). 
(3) The term ‘‘military dependent students’’ re-
fers to— 
(A) elementary and secondary school stu-
dents who are dependents of members of the 
Armed Forces; and
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(B) elementary and secondary school stu-
dents who are dependents of civilian employees 
of the Department of Defense. 
(4) The term ‘‘State’’ means each of the 50 
States and the District of Columbia. 
(g) REPEAL OF FORMER AUTHORITY.—Section 386 
of the National Defense Authorization Act for Fiscal Year 
1993 (Public Law 102–484; 20 U.S.C. 7703 note) is re-
pealed. The repeal of such section shall not affect the dis-
tribution of assistance to local educational agencies under 
section 559 of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108– 
375; 118 Stat. 1917) for fiscal year 2005. 
SEC. 563. CONTINUATION OF IMPACT AID ASSISTANCE ON 
BEHALF OF DEPENDENTS OF CERTAIN MEM-
BERS DESPITE CHANGE IN STATUS OF MEM-
BER. 
(a) SPECIAL RULE.—For purposes of computing the 
amount of a payment for an eligible local educational 
agency under subsection (a) of section 8003 of the Ele-
mentary and Secondary Education Act (20 U.S.C. 7703) 
for school year 2005–2006, the Secretary of Education 
shall continue to count as a child enrolled in a school of 
such agency under such subsection any child who—
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(1) would be counted under paragraph (1)(B) 
of such subsection to determine the number of chil-
dren who were in average daily attendance in the 
school; but 
(2) due to the deployment of both parents or 
legal guardians of the child, the deployment of a 
parent or legal guardian having sole custody of the 
child, or the death of a military parent or legal 
guardian while on active duty (so long as the child 
resides on Federal property (as defined in section 
8013(5) of such Act (20 U.S.C. 7713(5))), is not eli-
gible to be so counted. 
(b) TERMINATION.—The special rule provided under 
subsection (a) applies only so long as the children covered 
by such subsection remain in average daily attendance at 
a school in the same local educational agency they at-
tended before their change in eligibility status. 
Subtitle H—Decorations and 
Awards 
SEC. 565. COLD WAR VICTORY MEDAL. 
(a) AUTHORITY.—Chapter 57 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section:
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‘‘§ 1134. Cold War Victory Medal 
‘‘(a) MEDAL
AUTHORIZED.—The Secretary con-
cerned shall issue a service medal, to be known as the 
‘Cold War Victory Medal’, to persons eligible to receive 
the medal under subsection (b). The Cold War Victory 
Medal shall be of an appropriate design approved by the 
Secretary of Defense, with ribbons, lapel pins, and other 
appurtenances. 
‘‘(b) ELIGIBLE PERSONS.—The following persons are 
eligible to receive the Cold War Victory Medal: 
‘‘(1) A person who— 
‘‘(A) performed active duty or inactive 
duty training as an enlisted member during the 
Cold War; 
‘‘(B) completed the person’s initial term of 
enlistment or, if discharged before completion of 
such initial term of enlistment, was honorably 
discharged after completion of not less than 
180 days of service on active duty; and 
‘‘(C) has not received a discharge less fa-
vorable than an honorable discharge or a re-
lease from active duty with a characterization 
of service less favorable than honorable. 
‘‘(2) A person who—
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‘‘(A) performed active duty or inactive 
duty training as a commissioned officer or war-
rant officer during the Cold War; 
‘‘(B) completed the person’s initial service 
obligation as an officer or, if discharged or sep-
arated before completion of such initial service 
obligation, was honorably discharged after com-
pletion of not less than 180 days of service on 
active duty; and 
‘‘(C) has not been released from active 
duty with a characterization of service less fa-
vorable than honorable and has not received a 
discharge or separation less favorable than an 
honorable discharge. 
‘‘(c) ONE AWARD AUTHORIZED.—Not more than one 
Cold War Victory Medal may be issued to any person. 
‘‘(d) ISSUANCE
TO
REPRESENTATIVE
OF
DE-
CEASED.—If a person described in subsection (b) dies be-
fore being issued the Cold War Victory Medal, the medal 
shall be issued to the person’s representative, as des-
ignated by the Secretary concerned. 
‘‘(e) REPLACEMENT.—Under regulations prescribed 
by the Secretary concerned, a Cold War Victory Medal 
that is lost, destroyed, or rendered unfit for use without
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fault or neglect on the part of the person to whom it was 
issued may be replaced without charge. 
‘‘(f) APPLICATION FOR MEDAL.—The Cold War Vic-
tory Medal shall be issued upon receipt by the Secretary 
concerned of an application for such medal, submitted in 
accordance with such regulations as the Secretary pre-
scribes. 
‘‘(g) UNIFORM REGULATIONS.—The Secretary of De-
fense shall ensure that regulations prescribed by the Sec-
retaries of the military departments under this section are 
uniform so far as is practicable. 
‘‘(h) DEFINITION.—In this section, the term ‘Cold 
War’ means the period beginning on September 2, 1945, 
and ending at the end of December 26, 1991.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘1134. Cold War Victory Medal.’’. 
SEC. 566. ESTABLISHMENT OF COMBAT MEDEVAC BADGE. 
(a) ARMY.— 
(1) IN
GENERAL.—Chapter 357 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 3757. Combat Medevac Badge 
‘‘(a) The Secretary of the Army shall issue a badge 
of appropriate design, to be known as the Combat