H. R. 1268—6
as an emergency requirement pursuant to section 402 of the con-
ference report to accompany S. Con. Res. 95 (108th Congress).
IRAQ SECURITY FORCES FUND
(INCLUDING TRANSFER OF FUNDS)
For the ‘‘Iraq Security Forces Fund’’, $5,700,000,000, to remain
available until September 30, 2006: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding
any other provision of law, for the purpose of allowing the Com-
mander, Multi-National Security Transition Command—Iraq, or the
Secretary’s designee to provide assistance, with the concurrence
of the Secretary of State, to the security forces of Iraq including
the provision of equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and funding:
Provided further, That the authority to provide assistance under
this section is in addition to any other authority to provide assist-
ance to foreign nations: Provided further, That the Secretary of
Defense may transfer the funds provided herein to appropriations
for military personnel; operation and maintenance; Overseas
Humanitarian, Disaster, and Civic Aid; procurement; research,
development, test and evaluation; and defense working capital funds
to accomplish the purposes provided herein: Provided further, That
this transfer authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That
upon a determination that all or part of the funds so transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That of the amounts provided under this heading,
$210,000,000 shall be transferred to ‘‘Operation and Maintenance,
Army’’ to reimburse the Department of the Army for costs incurred
to train, equip, and provide related assistance to Iraqi security
forces: Provided further, That contributions of funds for the purposes
provided herein from any person, foreign government, or inter-
national organization may be credited to this Fund, and used for
such purposes: Provided further, That the Secretary shall notify
the congressional defense committees in writing upon the receipt
and upon the transfer of any contribution delineating the sources
and amounts of the funds received and the specific use of such
contributions: Provided further, That, notwithstanding any other
provision of law, from funds made available under this heading,
$99,000,000 shall be used to provide assistance to the Government
of Jordan to establish a regional training center designed to provide
comprehensive training programs for regional military and security
forces and military and civilian officials, to enhance the capability
of such forces and officials to respond to existing and emerging
security threats in the region: Provided further, That assistance
authorized by the preceding proviso may include the provision of
facilities, equipment, supplies, services and training, and the Sec-
retary of Defense may transfer funds to any Federal agency for
the purpose of providing such assistance: Provided further, That
the Secretary of Defense shall, not fewer than 5 days prior to
making transfers from this appropriation, notify the congressional
defense committees in writing of the details of any such transfer:
Provided further, That the Secretary shall submit a report no later
than 30 days after the end of each fiscal quarter to the congressional
defense committees summarizing the details of the transfer of funds
H. R. 1268—7
from this appropriation: Provided further, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For an additional amount for ‘‘Aircraft Procurement, Army’’,
$458,677,000, to remain available until September 30, 2007: Pro-
vided, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of the con-
ference report to accompany S. Con. Res. 95 (108th Congress).
MISSILE PROCUREMENT, ARMY
For an additional amount for ‘‘Missile Procurement, Army’’,
$310,250,000, to remain available until September 30, 2007: Pro-
vided, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of the con-
ference report to accompany S. Con. Res. 95 (108th Congress).
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES,
ARMY
For an additional amount for ‘‘Procurement of Weapons and
Tracked Combat Vehicles, Army’’, $2,551,187,000, to remain avail-
able until September 30, 2007: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
PROCUREMENT OF AMMUNITION, ARMY
For an additional amount for ‘‘Procurement of Ammunition,
Army’’, $532,800,000, to remain available until September 30, 2007:
Provided, That the amount provided under this heading is des-
ignated as an emergency requirement pursuant to section 402 of
the conference report to accompany S. Con. Res. 95 (108th Con-
gress).
OTHER PROCUREMENT, ARMY
For an additional amount for ‘‘Other Procurement, Army’’,
$6,250,505,000, to remain available until September 30, 2007: Pro-
vided, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of the con-
ference report to accompany S. Con. Res. 95 (108th Congress).
AIRCRAFT PROCUREMENT, NAVY
For an additional amount for ‘‘Aircraft Procurement, Navy’’,
$200,295,000, to remain available until September 30, 2007: Pro-
vided, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of the con-
ference report to accompany S. Con. Res. 95 (108th Congress).
H. R. 1268—8
WEAPONS PROCUREMENT, NAVY
For an additional amount for ‘‘Weapons Procurement, Navy’’,
$66,000,000, to remain available until September 30, 2007: Pro-
vided, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of the con-
ference report to accompany S. Con. Res. 95 (108th Congress).
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
For an additional amount for ‘‘Procurement of Ammunition,
Navy and Marine Corps’’, $139,635,000, to remain available until
September 30, 2007: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
OTHER PROCUREMENT, NAVY
For an additional amount for ‘‘Other Procurement, Navy’’,
$78,397,000, to remain available until September 30, 2007: Pro-
vided, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of the con-
ference report to accompany S. Con. Res. 95 (108th Congress).
PROCUREMENT, MARINE CORPS
For an additional amount for ‘‘Procurement, Marine Corps’’,
$3,283,042,000, to remain available until September 30, 2007: Pro-
vided, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of the con-
ference report to accompany S. Con. Res. 95 (108th Congress).
AIRCRAFT PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Aircraft Procurement, Air Force’’,
$277,309,000, to remain available until September 30, 2007: Pro-
vided, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of the con-
ference report to accompany S. Con. Res. 95 (108th Congress).
PROCUREMENT OF AMMUNITION, AIR FORCE
For an additional amount for ‘‘Procurement of Ammunition,
Air Force’’, $6,998,000, to remain available until September 30,
2007: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th Con-
gress).
OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement, Air Force’’,
$2,577,560,000, to remain available until September 30, 2007: Pro-
vided, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of the con-
ference report to accompany S. Con. Res. 95 (108th Congress).
H. R. 1268—9
PROCUREMENT, DEFENSE-WIDE
For an additional amount for ‘‘Procurement, Defense-Wide’’,
$645,939,000, to remain available until September 30, 2007: Pro-
vided, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of the con-
ference report to accompany S. Con. Res. 95 (108th Congress).
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Army’’, $37,170,000, to remain available until Sep-
tember 30, 2006: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Navy’’, $204,051,000, to remain available until
September 30, 2006: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Air Force’’, $142,500,000, to remain available until
September 30, 2006: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Defense-Wide’’, $203,561,000, to remain available
until September 30, 2006: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For an additional amount for ‘‘Defense Working Capital Funds’’,
$1,511,300,000: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
H. R. 1268—10
NATIONAL DEFENSE SEALIFT FUND
For an additional amount for ‘‘National Defense Sealift Fund’’,
$32,400,000, to remain available until expended: Provided, That
the amount provided under this heading is designated as an emer-
gency requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
RELATED AGENCIES
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
For an additional amount for ‘‘Intelligence Community Manage-
ment Account’’, $250,300,000, of which $181,000,000 is to remain
available until September 30, 2006: Provided, That the amount
provided under this heading is designated as an emergency require-
ment pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Drug Interdiction and Counter-
Drug Activities, Defense’’, $242,000,000: Provided, That these funds
may be used for such activities related to Afghanistan and the
Central Asia area: Provided further, That the Secretary of Defense
may transfer the funds provided herein only to appropriations for
military personnel; operation and maintenance; and procurement:
Provided further, That the funds transferred shall be merged with
and be available for the same purposes and for the same time
period as the appropriation to which transferred: Provided further,
That the transfer authority provided in this paragraph is in addition
to any other transfer authority available to the Department of
Defense: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not nec-
essary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That not
to exceed $70,000,000 of the funds provided herein may be used
to reimburse fully this account for obligations incurred for the
purposes provided under this heading prior to enactment of this
Act: Provided further, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
OFFICE OF THE INSPECTOR GENERAL
For an additional amount for ‘‘Office of the Inspector General’’,
$148,000: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
H. R. 1268—11
DEFENSE HEALTH PROGRAM
For an additional amount for ‘‘Defense Health Program’’,
$210,550,000 for Operation and maintenance: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
MILITARY CONSTRUCTION
MILITARY CONSTRUCTION, ARMY
For an additional amount for ‘‘Military Construction, Army’’,
$847,191,000, to remain available until September 30, 2006: Pro-
vided, That notwithstanding any other provision of law, such funds
may be obligated or expended to carry out planning and design
and military construction projects not otherwise authorized by law:
Provided further, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS
For an additional amount for ‘‘Military Construction, Navy
and Marine Corps’’, $139,880,000, to remain available until Sep-
tember 30, 2006: Provided, That notwithstanding any other provi-
sion of law, such funds may be obligated or expended to carry
out planning and design and military construction projects not
otherwise authorized by law: Provided further, That the amount
provided under this heading is designated as an emergency require-
ment pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
MILITARY CONSTRUCTION, AIR FORCE
For an additional amount for ‘‘Military Construction, Air Force’’,
$140,983,000, to remain available until September 30, 2006: Pro-
vided, That notwithstanding any other provision of law, such funds
may be obligated or expended to carry out planning and design
and military construction projects not otherwise authorized by law:
Provided further, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
GENERAL PROVISIONS, THIS TITLE
SPECIAL TRANSFER AUTHORITY
(TRANSFER OF FUNDS)
SEC. 1001. Upon his determination that such action is necessary
in the national interest, the Secretary of Defense may transfer
between appropriations up to $3,000,000,000 of the funds made
available to the Department of Defense in this title, except for
military construction: Provided, That the Secretary shall notify
the Congress promptly of each transfer made pursuant to this
authority: Provided further, That the transfer authority provided
H. R. 1268—12
in this section is in addition to any other transfer authority avail-
able to the Department of Defense: Provided further, That the
authority in this section is subject to the same terms and conditions
as the authority provided in section 8005 of the Department of
Defense Appropriations Act, 2005, except for the fourth proviso:
Provided further, That the amount made available by the transfer
of funds in or pursuant to this section is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
GENERAL TRANSFER AUTHORITY
(TRANSFER OF FUNDS)
SEC. 1002. Section 8005 of the Department of Defense Appro-
priations Act, 2005 (Public Law 108–287; 118 Stat. 969), is amended
by striking ‘‘$3,500,000,000’’ and inserting in lieu thereof
‘‘$6,185,000,000’’: Provided, That the amount made available by
the transfer of funds in or pursuant to this section is designated
as an emergency requirement pursuant to section 402 of the con-
ference report to accompany S. Con. Res. 95 (108th Congress).
COUNTER-DRUG ACTIVITIES
SEC. 1003. (a) AUTHORITY TO PROVIDE SUPPORT.—Of the
amount appropriated by this Act under the heading ‘‘Drug Interdic-
tion and Counter-Drug Activities, Defense’’, not to exceed
$34,000,000 may be made available for support for counter-drug
activities of the Government of Afghanistan, and not to exceed
$4,000,000 may be made available for support for counter-drug
activities of the Government of Pakistan: Provided, That such sup-
port shall be in addition to support provided for the counter-drug
activities of said Governments under any other provision of the
law.
(b) TYPES OF SUPPORT.—(1) Except as specified in subsections
(b)(2) and (b)(3) of this section, the support that may be provided
under the authority in this section shall be limited to the types
of support specified in section 1033(c)(1) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105–85, as
amended by Public Law 106–398 and Public Law 108–136) and
conditions on the provision of support as contained in section 1033
shall apply for fiscal year 2005.
(2) The Secretary of Defense may transfer vehicles, aircraft,
and detection, interception, monitoring and testing equipment to
said Governments for counter-drug activities.
(3) For the Government of Afghanistan, the Secretary of
Defense may also provide individual and crew-served weapons,
and ammunition for counter-drug security forces.
EXTRAORDINARY AND EMERGENCY EXPENSES
SEC. 1004. The paragraph under the heading ‘‘Operation and
Maintenance, Defense-Wide’’ in title II of the Department of Defense
Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 954),
is amended in the first proviso by striking ‘‘$32,000,000’’ and
inserting ‘‘$40,000,000’’.
H. R. 1268—13
ADVANCE BILLING
SEC. 1005. For fiscal year 2005, the limitation under paragraph
(3) of section 2208(l) of title 10, United States Code, on the total
amount of advance billings rendered or imposed for all working
capital funds of the Department of Defense in a fiscal year shall
be applied by substituting ‘‘$1,500,000,000’’ for ‘‘$1,000,000,000’’.
COMMANDER’S EMERGENCY RESPONSE PROGRAM
SEC. 1006. Section 1201(a) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108–
375; 118 Stat. 2077), as amended by section 102 of title I of division
J of the Consolidated Appropriations Act, 2005 (Public Law 108–
447), is further amended by striking ‘‘$500,000,000’’ in the matter
preceding paragraph (1) and inserting ‘‘$854,000,000’’: Provided,
That from funds available for the Commander’s Emergency
Response Program for fiscal year 2005, not to exceed $10,000,000
may be used to purchase weapons from any person, foreign govern-
ment, international organization or other entity for the purpose
of protecting United States forces overseas, and to dispose of the
weapons purchased: Provided further, That the Secretary of Defense
shall submit to the congressional defense committees quarterly
reports regarding the purchase and disposal of weapons under
this subsection.
CLASSIFIED PROGRAM
SEC. 1007. Section 8090(b) of the Department of Defense Appro-
priations Act, 2005 (Public Law 108–287), is amended by striking
‘‘$185,000,000’’ and inserting ‘‘$210,000,000’’.
LIMITATION ON CIVILIAN COMPENSATION
SEC. 1008. (a) During calendar year 2005 and notwithstanding
section 5547 of title 5, United States Code, the head of an Executive
agency may waive the limitation, up to $200,000, established in
that section for total compensation, including limitations on the
aggregate of basic pay and premium pay payable in a calendar
year, to an employee who performs work while in an overseas
location that is in the area of responsibility of the Commander
of the U.S. Central Command, in support of, or related to—
(1) a military operation, including a contingency operation;
or
(2) an operation in response to a declared emergency.
(b) To the extent that a waiver under subsection (a) results
in payment of additional premium pay of a type that is normally
creditable as basic pay for retirement or any other purpose, such
additional pay shall not be considered to be basic pay for any
purpose, nor shall it be used in computing a lump-sum payment
for accumulated and accrued annual leave under section 5551 of
title 5, United States Code.
(c) The Director of the Office of Personnel Management may
issue regulations to ensure appropriate consistency among heads
of executive agencies in the exercise of authority granted by this
section.
H. R. 1268—14
OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
SEC. 1009. Section 1096(b) of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (Public Law 108–458), is amended—
(1) by striking ‘‘in the fiscal year after the effective date
of this Act’’ and inserting in lieu thereof ‘‘in the fiscal years
2005 and 2006’’; and
(2) in paragraph (1) by striking ‘‘500 new personnel billets’’
and inserting in lieu thereof ‘‘the total of 500 new personnel
positions’’.
COALITION LIAISON OFFICERS
SEC. 1010. Section 1051a(e) of title 10, United States Code,
is amended by striking ‘‘September 30, 2005’’ and inserting
‘‘December 31, 2005’’.
RESERVE AFFILIATION BONUS
SEC. 1011. Notwithstanding subsection (c) of section 308e of
title 37, United States Code, the maximum amount of the bonus
paid to a member of the Armed Forces pursuant to a reserve
affiliation agreement entered into under such section during fiscal
year 2005 shall not exceed $10,000, and the Secretary of Defense
and the Secretary of Homeland Security, with respect to the Coast
Guard, may prescribe regulations under subsection (f) of such sec-
tion to modify the method by which bonus payments are made
under reserve affiliation agreements entered into during such fiscal
year.
SERVICEMEMBERS’ GROUP LIFE INSURANCE
SEC. 1012. (a) INCREASED MAXIMUM AMOUNT OF SERVICEMBERS’
GROUP LIFE INSURANCE.—Section 1967 of title 38, United States
Code, is amended—
(1) in subsection (a)(3)(A), by striking clause (i) and
inserting the following new clause:
‘‘(i) In the case of a member—
‘‘(I) $400,000 or such lesser amount as the member
may elect as provided in subparagraph (B);
‘‘(II) in the case of a member covered by subsection
(e), the amount provided for or elected by the member
under subclause (I) plus the additional amount of insurance
provided for the member by subsection (e); or
‘‘(III) in the case of a member covered by subsection
(e) who has made an election under paragraph (2)(A) not
to be insured under this subchapter, the amount of insur-
ance provided for the member by subsection (e).’’; and
(2) in subsection (d), by striking ‘‘$250,000’’ and inserting
‘‘$400,000’’.
(b) INCREMENTS OF DECREASED AMOUNTS ELECTABLE BY MEM-
BERS.—Subsection (a)(3)(B) of such section is amended by striking
‘‘member or spouse’’ in the last sentence and inserting ‘‘member,
be evenly divisible by $50,000 and, in the case of a member’s
spouse’’.
(c) ADDITIONAL AMOUNT FOR MEMBERS SERVING IN CERTAIN
AREAS OR OPERATIONS.—
(1) INCREASED AMOUNT.—Section 1967 of such title is fur-
ther amended—
H. R. 1268—15
(A) by redesignating subsection (e) as subsection (f);
and
(B) by inserting after subsection (d) the following new
subsection (e):
‘‘(e)(1) A member covered by this subsection is any member
as follows:
‘‘(A) Any member who dies as a result of one or more
wounds, injuries, or illnesses incurred while serving in an oper-
ation or area that the Secretary designates, in writing, as
a combat operation or a zone of combat, respectively, for pur-
poses of this subsection.
‘‘(B) Any member who formerly served in an operation
or area so designated and whose death is determined (under
regulations prescribed by the Secretary of Defense) to be the
direct result of injury or illness incurred or aggravated while
so serving.
‘‘(2) The additional amount of insurance under this subchapter
that is provided for a member by this subsection is $150,000,
except that in a case in which the amount provided for or elected
by the member under subsection (a)(3)(A)(i)(I) exceeds $250,000,
the additional amount of insurance under this subchapter that
is provided for the member by this subsection shall be reduced
to such amount as is necessary to comply with the limitation
in paragraph (3).
‘‘(3) The total amount of insurance payable for a member under
this subchapter may not exceed $400,000.
‘‘(4) While a member is serving in an operation or area des-
ignated as described in paragraph (1), the cost of insurance of
the member under this subchapter that is attributable to $150,000
of insurance coverage shall, at the election of the Secretary
concerned—
‘‘(A) be contributed as provided in section 1969(b)(2) of
this title, rather through deduction or withholding from the
member’s pay; or
‘‘(B) if deducted or withheld from the member’s pay, be
reimbursed to the member through such mechanism as the
Secretary concerned determines appropriate.’’.
(2) FUNDING.—Section 1969(b) of such title is amended—
(A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(B) by adding at the end the following new paragraph:
‘‘(2) For each month for which a member insured under this
subchapter is serving in an operation or area designated as
described by paragraph (1)(A) of section 1967(e) of this title, there
may, at the election of the Secretary concerned under paragraph
(4)(A) of such section, be contributed from the appropriation made
for active duty pay of the uniformed service concerned an amount
determined by the Secretary and certified to the Secretary con-
cerned to be the cost of Servicemembers’ Group Life Insurance
which is traceable to the cost of providing insurance for the member
under section 1967 of this title in the amount of $150,000.’’.
(d) CONFORMING AMENDMENT.—Section 1967(a)(2)(A) of such
title is amended by inserting before the period at the end the
following: ‘‘, except with respect to insurance provided under para-
graph (3)(A)(i)(III)’’.
(e) COORDINATION WITH VGLI.—Section 1977(a) of such title
is amended—
H. R. 1268—16
(1) by striking ‘‘$250,000’’ each place it appears and
inserting ‘‘$400,000’’; and
(2) by adding at the end of paragraph (1) the following
new sentence: ‘‘Any additional amount of insurance provided
a member under section 1967(e) of this title may not be treated
as an amount for which Veterans’ Group Life Insurance shall
be issued under this section.’’.
(f) REQUIREMENTS REGARDING ELECTIONS
OF MEMBERS
TO
REDUCE OR DECLINE INSURANCE.—Section 1967(a) of such title is
further amended—
(1) in paragraph (2), by adding at the end the following
new subparagraph:
‘‘(C) Pursuant to regulations prescribed by the Secretary of
Defense, notice of an election of a member with a spouse not
to be insured under this subchapter, or to be insured under this
subchapter in an amount less than the maximum amount provided
under paragraph (3)(A)(i)(I), shall be provided to the spouse of
the member.’’; and
(2) in paragraph (3)—
(A) in the matter preceding clause (i), by striking ‘‘and
(C)’’ and inserting ‘‘, (C), and (D)’’; and
(B) by adding at the end the following new subpara-
graphs:
‘‘(D) A member with a spouse may not elect not to be insured
under this subchapter, or to be insured under this subchapter
in an amount less than the maximum amount provided under
subparagraph (A)(i)(I), without the written consent of the spouse.
‘‘(E) Whenever a member who is not married elects not to
be insured under this subchapter, or to be insured under this
subchapter in an amount less than the maximum amount provided
for under subparagraph (A)(i)(I), the Secretary concerned shall pro-
vide a notice of such election to any person designated by the
member as a beneficiary or designated as the member’s next-of-
kin for the purpose of emergency notification, as determined under
regulations prescribed by the Secretary of Defense.’’.
(g) 
REQUIREMENT
REGARDING
REDESIGNATION
OF
BENE-
FICIARIES.—Section 1970 of such title is amended by adding at
the end the following new subsection:
‘‘(j) A member with a spouse may not modify the beneficiary
or beneficiaries designated by the member under subsection (a)
without providing written notice of such modification to the
spouse.’’.
(h) EFFECTIVE DATE.—This section and the amendments made
by this section shall take effect on the first day of the first month
that begins more than 90 days after the date of the enactment
of this Act.
(i) TERMINATION.—The amendments made by this section shall
terminate on September 30, 2005. Effective on October 1, 2005,
the provisions of sections 1967, 1969, 1970, and 1977 of title 38,
United States Code, as in effect on the day before the date of
the enactment of this Act shall be revived.
DEATH GRATUITY
SEC. 1013. (a) INCREASE IN DEATH GRATUITY.—
(1) AMOUNT.—Section 1478 of title 10, United States Code,
is amended—
H. R. 1268—17
(A) in subsection (a), by inserting ‘‘, except as provided
in subsections (c), (e), and (f)’’ after ‘‘$12,000’’;
(B) by redesignating subsection (c) as subsection (d);
and
(C) by inserting after subsection (b) the following new
subsection (c):
‘‘(c) The death gratuity payable under sections 1475 through
1477 of this title is $100,000 in the case of a death resulting
from wounds, injuries, or illnesses that are—
‘‘(1) incurred as described in section 1413a(e)(2) of this
title; or
‘‘(2) incurred in an operation or area designated as a combat
operation or a combat zone, respectively, by the Secretary of
Defense under section 1967(e)(1)(A) of title 38.’’.
(2) CONFORMING AMENDMENT.—Subsection (a) of such sec-
tion, as amended by paragraph (1), is further amended by
striking ‘‘(as adjusted under subsection (c))’’ and inserting ‘‘(as
adjusted under subsection (d))’’.
(b) RETROACTIVE PAYMENT OF DEATH GRATUITY FOR DEATHS
AFTER
OCTOBER
7, 2001, FROM
COMBAT-RELATED
CAUSES
OR
CAUSES INCURRED IN COMBAT OPERATIONS OR AREAS.—Such section
is further amended by adding at the end the following new sub-
section:
‘‘(e)(1) In the case of a person described in paragraph (2),
a death gratuity shall be payable in accordance with this subsection
for the death of such person that is in addition to the death
gratuity payable in the case of such death under subsection (a).
‘‘(2) This subsection applies in the case of a member of the
armed forces who dies before the date of the enactment of this
subsection as a direct result of one or more wounds, injuries, or
illnesses that—
‘‘(A) were incurred in the theater of operations of Operation
Enduring Freedom or Operation Iraqi Freedom; or
‘‘(B) were incurred as described in section 1413a(e)(2) of
this title on or after October 7, 2001.
‘‘(3) The amount of additional death gratuity payable under
this subsection shall be $238,000, of which—
‘‘(A) $150,000 shall be paid in the manner specified in
paragraph (4); and
‘‘(B) $88,000 shall be paid in the manner specified in para-
graph (5).
‘‘(4) A payment pursuant to paragraph (3)(A) by reason of
a death covered by this subsection shall be paid—
‘‘(A) to a beneficiary in proportion to the share of benefits
applicable to such beneficiary in the payment of life insurance
proceeds paid on the basis of that death under the
Servicemembers Group Life Insurance program under sub-
chapter III of chapter 19 of title 38; or
‘‘(B) in the case of a person who elected not to be insured
under the provisions of that subchapter, in equal shares to
the person or persons who would have received proceeds under
those provisions of law for a member who is insured under
that subchapter but does not designate named beneficiaries.
‘‘(5) A payment pursuant to paragraph (3)(B) by reason of
a death covered by this subsection shall be paid equal shares
to the beneficiaries who were paid the death gratuity that was
paid with respect to that death under this section.’’.
H. R. 1268—18
(c) PAYMENT OF DEATH GRATUITY FOR CERTAIN OTHER DEATHS
FROM COMBAT-RELATED CAUSES OR CAUSES INCURRED IN COMBAT
OPERATIONS OR AREAS.—Such section is further amended by adding
at the end the following new subsection:
‘‘(f)(1) In the case of a person described in paragraph (2),
a death gratuity shall be payable in accordance with this subsection
for the death of such person that is in addition to the death
gratuity payable in the case of such death under subsection (e).
‘‘(2) This subsection applies in the case of a member of the
armed forces who dies during the period beginning on the date
of the enactment of this subsection and ending on the first day
of the first month that begins more than 90 days after such date
of one or more wounds, injuries, or illnesses that—
‘‘(A) are incurred in the theater of operations of Operation
Enduring Freedom or Operation Iraqi Freedom; or
‘‘(B) are incurred as described in section 1413a(e)(2) of
this title.
‘‘(3) The amount of additional death gratuity payable under
this subsection shall be $150,000.
‘‘(4) A payment pursuant to paragraph (3) by reason of a death
covered by this subsection shall be paid—
‘‘(A) to a beneficiary in proportion to the share of benefits
applicable to such beneficiary in the payment of life insurance
proceeds payable on the basis of that death under the
Servicemembers Group Life Insurance program under sub-
chapter III of chapter 19 of title 38; or
‘‘(B) in the case of a person who elected not to be insured
under the provisions of that subchapter, in equal shares to
the person or persons who receive proceeds under those provi-
sions of law for a member who is insured under that subchapter
but does not designate named beneficiaries.’’.
(d) EFFECTIVE DATE.—This section and the amendments made
by this section shall take effect on the date of the enactment
of this Act.
(e) TERMINATION.—
(1) IN GENERAL.—This section and the amendment made
by this subsection shall terminate on September 30, 2005.
Effective as of October 1, 2005, the provisions of section 1478
of title 10, United States Code, as in effect on the date before
the date of the enactment of this Act shall be revived.
(2) CONTINUING OBLIGATION TO PAY.—Any amount of addi-
tional death gratuity payable under section 1478 of title 10,
United States Code, by reason of the amendments made by
subsections (b) and (c) of this section that remains payable
as of September 30, 2005, shall, notwithstanding paragraph
(1), remain payable after that date until paid.
INTELLIGENCE ACTIVITIES AUTHORIZATION
SEC. 1014. Funds appropriated in this title, or made available
by the transfer of funds in or pursuant to this title, for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 414).