National Defense Authorization Act for Fiscal Year 2006
PL 109-163 (H.R.1815), enacted 01/06/2006

119 STAT. 3136
PUBLIC LAW 109–163—JAN. 6, 2006
Public Law 109–163
109th Congress
An Act
To authorize appropriations for fiscal year 2006 for military activities of the Depart-
ment of Defense, for military construction, and for defense activities of the Depart-
ment of Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Authorization
Act for Fiscal Year 2006’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) DIVISIONS.—This Act is organized into three divisions as
follows:
(1) Division A—Department of Defense Authorizations.
(2) Division B—Military Construction Authorizations.
(3) Division C—Department of Energy National Security
Authorizations and Other Authorizations.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
SUBTITLE A—AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
SUBTITLE B—ARMY PROGRAMS
Sec. 111. Multiyear procurement authority for utility helicopters.
Sec. 112. Multiyear procurement authority for modernized target acquisition des-
ignation sight/pilot night vision sensors for AH–64 Apache attack heli-
copters.
Sec. 113. Multiyear procurement authority for conversion of AH–64A Apache attack
helicopters to the AH–64D Block II configuration.
Sec. 114. Acquisition strategy for tactical wheeled vehicle programs.
Sec. 115. Report on Army Modular Force Initiative.
SUBTITLE C—NAVY PROGRAMS
Sec. 121. Virginia-class submarine program.
Sec. 122. LHA Replacement (LHA(R)) amphibious assault ship program.
Sec. 123. Cost limitation for next-generation destroyer program.
Sec. 124. Littoral Combat Ship (LCS) program.
Sec. 125. Prohibition on acquisition of next-generation destroyer through a single
shipyard.
National Defense
Authorization
Act for Fiscal
Year 2006.
Jan. 6, 2006
[H.R. 1815]
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119 STAT. 3137
PUBLIC LAW 109–163—JAN. 6, 2006
Sec. 126. Aircraft carrier force structure.
Sec. 127. Refueling and complex overhaul of the U.S.S. Carl Vinson.
Sec. 128. CVN–78 aircraft carrier.
Sec. 129. LHA Replacement (LHA(R)) ship.
Sec. 130. Report on alternative propulsion methods for surface combatants and am-
phibious warfare ships.
SUBTITLE D—AIR FORCE PROGRAMS
Sec. 131. C–17 aircraft program and assessment of intertheater airlift require-
ments.
Sec. 132. Prohibition on retirement of KC–135E aircraft.
Sec. 133. Prohibition on retirement of F–117 aircraft during fiscal year 2006.
Sec. 134. Prohibition on retirement of C–130E/H tactical airlift aircraft during fis-
cal year 2006.
Sec. 135. Procurement of C–130J/KC–130J aircraft after fiscal year 2005.
Sec. 136. Report on Air Force aircraft aeromedical evacuation programs.
SUBTITLE E—JOINT AND MULTISERVICE MATTERS
Sec. 141. Requirement that tactical unmanned aerial vehicles use specified stand-
ard data link.
Sec. 142. Limitation on initiation of new unmanned aerial vehicle systems.
Sec. 143. Advanced SEAL Delivery System.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SUBTITLE A—AUTHORIZATION OF APPROPRIATIONS
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
SUBTITLE B—PROGRAM REQUIREMENTS, RESTRICTIONS, AND LIMITATIONS
Sec. 211. Annual Comptroller General report on Future Combat Systems program.
Sec. 212. Contract for the procurement of the Future Combat Systems (FCS).
Sec. 213. Limitations on systems development and demonstration of manned
ground vehicles under Armored Systems Modernization program.
Sec. 214. Separate program elements required for significant systems development
and demonstration projects for Armored Systems Modernization pro-
gram.
Sec. 215. Initiation of program to design and develop next-generation nuclear at-
tack submarine.
Sec. 216. Extension of requirements relating to management responsibility for
naval mine countermeasures programs.
Sec. 217. Single set of requirements for Army and Marine Corps heavy lift rotor-
craft program.
Sec. 218. Requirements for development of tactical radio communications systems.
Sec. 219. Limitation on systems development and demonstration of Personnel Re-
covery Vehicle.
Sec. 220. Limitation on VXX helicopter program.
Sec. 221. Report on testing of Internet Protocol version 6.
SUBTITLE C—MISSILE DEFENSE PROGRAMS
Sec. 231. Report on capabilities and costs for operational boost/ascent-phase missile
defense systems.
Sec. 232. One-year extension of Comptroller General assessments of ballistic mis-
sile defense programs.
Sec. 233. Fielding of ballistic missile defense capabilities.
Sec. 234. Plans for test and evaluation of operational capability of the ballistic mis-
sile defense system.
SUBTITLE D—HIGH-PERFORMANCE DEFENSE MANUFACTURING TECHNOLOGY
RESEARCH AND DEVELOPMENT
Sec. 241. Pilot program for identification and transition of advanced manufacturing
processes and technologies.
Sec. 242. Transition of transformational manufacturing processes and technologies
to defense manufacturing base.
Sec. 243. Manufacturing technology strategies.
Sec. 244. Report.
Sec. 245. Definitions.
SUBTITLE E—OTHER MATTERS
Sec. 251. Comptroller General report on program element structure for research,
development, test, and evaluation projects.
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119 STAT. 3138
PUBLIC LAW 109–163—JAN. 6, 2006
Sec. 252. Research and development efforts for purposes of small business research.
Sec. 253. Revised requirements relating to submission of Joint Warfighting Science
and Technology Plan.
Sec. 254. Report on efficiency of naval shipbuilding industry.
Sec. 255. Technology transition.
Sec. 256. Prevention, mitigation, and treatment of blast injuries.
Sec. 257. Modification of requirements for annual report on DARPA program to
award cash prizes for advanced technology achievements.
Sec. 258. Designation of facilities and resources constituting the Major Range and
Test Facility Base.
Sec. 259. Report on cooperation between Department of Defense and National Aero-
nautics and Space Administration on research, development, test, and
evaluation activities.
Sec. 260. Delayed effective date for limitation on procurement of systems not GPS-
equipped.
Sec. 261. Report on development and use of robotics and unmanned ground vehicle
systems.
TITLE III—OPERATION AND MAINTENANCE
SUBTITLE A—AUTHORIZATION OF APPROPRIATIONS
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
SUBTITLE B—ENVIRONMENTAL PROVISIONS
Sec. 311. Elimination and simplification of certain items required in the annual re-
port on environmental quality programs and other environmental activi-
ties.
Sec. 312. Payment of certain private cleanup costs in connection with Defense En-
vironmental Restoration Program.
SUBTITLE C—WORKPLACE AND DEPOT ISSUES
Sec. 321. Modification of authority of Army working-capital funded facilities to en-
gage in cooperative activities with non-Army entities.
Sec. 322. Limitation on transition of funding for east coast shipyards from funding
through Navy working capital fund to direct funding.
Sec. 323. Armament Retooling and Manufacturing Support Initiative matters.
Sec. 324. Sense of Congress regarding depot maintenance.
SUBTITLE D—EXTENSION OF PROGRAM AUTHORITIES
Sec. 331. Extension of authority to provide logistics support and services for weap-
ons systems contractors.
Sec. 332. Extension of period for reimbursement for certain protective, safety, or
health equipment purchased by or for members of the Armed Forces de-
ployed in contingency operations.
SUBTITLE E—OUTSOURCING
Sec. 341. Public-private competition.
Sec. 342. Contracting for procurement of certain supplies and services.
Sec. 343. Performance of certain work by Federal Government employees.
Sec. 344. Extension of temporary authority for contractor performance of security-
guard functions.
SUBTITLE F—ANALYSIS, STRATEGIES, AND REPORTS
Sec. 351. Report on Department of Army programs for prepositioning of equipment
and other materiel.
Sec. 352. Reports on budget models used for base operations support, sustainment,
and facilities recapitalization.
Sec. 353. Army training strategy for brigade-based combat teams and functional
supporting brigades.
Sec. 354. Report regarding effect on military readiness of undocumented immi-
grants trespassing upon operational ranges.
Sec. 355. Report regarding management of Army lodging.
Sec. 356. Comptroller General report on corrosion prevention and mitigation pro-
grams of the Department of Defense.
Sec. 357. Study on use of biodiesel and ethanol fuel.
Sec. 358. Report on effects of windmill farms on military readiness.
Sec. 359. Report on space-available travel for certain disabled veterans and gray-
area retirees.
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119 STAT. 3139
PUBLIC LAW 109–163—JAN. 6, 2006
Sec. 360. Report on joint field training and experimentation on stability, security,
transition, and reconstruction operations.
Sec. 361. Reports on budgeting relating to sustainment of key military equipment.
Sec. 362. Repeal of Air Force report on military installation encroachment issues.
SUBTITLE G—OTHER MATTERS
Sec. 371. Supervision and management of Defense Business Transformation Agen-
cy.
Sec. 372. Codification and revision of limitation on modification of major items of
equipment scheduled for retirement or disposal.
Sec. 373. Limitation on purchase of investment items with operation and mainte-
nance funds.
Sec. 374. Operation and use of general gift funds of the Department of Defense and
Coast Guard.
Sec. 375. Inclusion of packet based telephony in Department of Defense tele-
communications benefit.
Sec. 376. Limitation on financial management improvement and audit initiatives
within Department of Defense.
Sec. 377. Provision of welfare of special category residents at Naval Station Guan-
tanamo Bay, Cuba.
Sec. 378. Commemoration of success of the Armed Forces in Operation Enduring
Freedom and Operation Iraqi Freedom.
SUBTITLE H—UTAH TEST AND TRAINING RANGE
Sec. 381. Definitions.
Sec. 382. Military operations and overflights, Utah Test and Training Range.
Sec. 383. Analysis of military readiness and operational impacts in planning proc-
ess for Federal lands in Utah Test and Training Range.
Sec. 384. Designation and management of Cedar Mountain Wilderness, Utah.
Sec. 385. Relation to other lands.
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.
Sec. 403. Additional authority for increases of Army and Marine Corps active duty
end strengths for fiscal years 2007 through 2009.
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—AUTHORIZATION OF APPROPRIATIONS
Sec. 421. Military personnel.
Sec. 422. 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 re-
quirements for retirement in grade upon voluntary retirement.
Sec. 502. Two-year renewal of temporary authority to reduce minimum length of
commissioned service required for voluntary retirement as an officer.
Sec. 503. Exclusion from active-duty general and flag officer distribution and
strength limitations of officers on leave pending separation or retire-
ment or between senior positions.
Sec. 504. Consolidation of grade limitations on officer assignment and insignia
practice known as frocking.
Sec. 505. Clarification of deadline for receipt by promotion selection boards of cer-
tain communications from eligible officers.
Sec. 506. Furnishing to promotion selection boards of adverse information on offi-
cers eligible for promotion to certain senior grades.
Sec. 507. Applicability of officer distribution and strength limitations to officers
serving in intelligence community positions.
Sec. 508. Grades of the Judge Advocates General.
Sec. 509. Authority to retain permanent professors at the Naval Academy beyond
30 years of active commissioned service.
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119 STAT. 3140
PUBLIC LAW 109–163—JAN. 6, 2006
Sec. 510. Authority for designation of a general/flag officer position on the Joint
Staff to be held by reserve component general or flag officer on active
duty.
SUBTITLE B—RESERVE COMPONENT MANAGEMENT
Sec. 511. Separation at age 64 for reserve component senior officers.
Sec. 512. Modification of strength-in-grade limitations applicable to Reserve flag of-
ficers in active status.
Sec. 513. Military technicians (dual status) mandatory separation.
Sec. 514. Military retirement credit for certain service by National Guard members
performed while in a State duty status immediately after the terrorist
attacks of September 11, 2001.
Sec. 515. Redesignation of the Naval Reserve as the Navy Reserve.
Sec. 516. Clarification of certain authorities relating to the Commission on the Na-
tional Guard and Reserves.
Sec. 517. Report on employment matters for members of the reserve components.
Sec. 518. Defense Science Board study on deployment of members of the National
Guard and Reserves in the Global War on Terrorism.
Sec. 519. Sense of Congress on certain matters relating to the National Guard and
Reserves.
Sec. 520. Pilot program on enhanced quality of life for members of the Army Re-
serve and their families.
SUBTITLE C—EDUCATION AND TRAINING
PART I—DEPARTMENT OF DEFENSE SCHOOLS GENERALLY
Sec. 521. Authority for National Defense University award of degree of Master of
Science in Joint Campaign Planning and Strategy.
Sec. 522. Authority for certain professional military education schools to receive
faculty research grants for certain purposes.
PART II—UNITED STATES NAVAL POSTGRADUATE SCHOOL
Sec. 523. Revision to mission of the Naval Postgraduate School.
Sec. 524. Modification of eligibility for position of President of the Naval Post-
graduate School.
Sec. 525. Increased enrollment for eligible defense industry employees in the de-
fense product development program at Naval Postgraduate School.
Sec. 526. Instruction for enlisted personnel by the Naval Postgraduate School.
PART III—RESERVE OFFICERS’ TRAINING CORPS
Sec. 531. Repeal of limitation on amount of financial assistance under ROTC schol-
arship programs.
Sec. 532. Increase in annual limit on number of ROTC scholarships under Army
Reserve and National Guard program.
Sec. 533. Procedures for suspending financial assistance and subsistence allowance
for Senior ROTC cadets and midshipmen on the basis of health-related
conditions.
Sec. 534. Eligibility of United States nationals for appointment to the Senior Re-
serve Officers’ Training Corps.
Sec. 535. Promotion of foreign language skills among members of the Reserve Offi-
cers’ Training Corps.
Sec. 536. Designation of Ike Skelton Early Commissioning Program scholarships.
PART IV—OTHER MATTERS
Sec. 537. Enhancement of educational loan repayment authorities.
Sec. 538. Payment of expenses of members of the Armed Forces to obtain profes-
sional credentials.
Sec. 539. Use of Reserve Montgomery GI Bill benefits and benefits for mobilized
members of the Selected Reserve and National Guard for payments for
licensing or certification tests.
Sec. 540. Modification of educational assistance for Reserves supporting contin-
gency and other operations.
SUBTITLE D—GENERAL SERVICE REQUIREMENTS
Sec. 541. Ground combat and other exclusion policies.
Sec. 542. Uniform citizenship or residency requirements for enlistment in the
Armed Forces.
Sec. 543. Increase in maximum age for enlistment.
Sec. 544. Increase in maximum term of original enlistment in regular component.
Sec. 545. National Call to Service program.
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Sec. 546. Reports on information provided to potential recruits and to new entrants
into the Armed Forces on ‘‘stop loss’’ authorities and initial period of
military service obligation.
SUBTITLE E—MILITARY JUSTICE AND LEGAL ASSISTANCE MATTERS
Sec. 551. Offense of stalking under the Uniform Code of Military Justice.
Sec. 552. Rape, sexual assault, and other sexual misconduct under Uniform Code
of Military Justice.
Sec. 553. Extension of statute of limitations for murder, rape, and child abuse of-
fenses under the Uniform Code of Military Justice.
Sec. 554. Reports by officers and senior enlisted members of conviction of criminal
law.
Sec. 555. Clarification of authority of military legal assistance counsel to provide
military legal assistance without regard to licensing requirements.
Sec. 556. Use of teleconferencing in administrative sessions of courts-martial.
Sec. 557. Sense of Congress on applicability of Uniform Code of Military Justice to
Reserves on inactive-duty training overseas.
SUBTITLE F—MATTERS RELATING TO CASUALTIES
Sec. 561. Authority for members on active duty with disabilities to participate in
Paralympic Games.
Sec. 562. Policy and procedures on casualty assistance to survivors of military dece-
dents.
Sec. 563. Policy and procedures on assistance to severely wounded or injured serv-
ice members.
Sec. 564. Designation by members of the Armed Forces of persons authorized to di-
rect the disposition of member remains.
SUBTITLE G—ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES FOR DEFENSE
DEPENDENTS EDUCATION
Sec. 571. Expansion of authorized enrollment in Department of Defense dependents
schools overseas.
Sec. 572. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian employees.
Sec. 573. Impact aid for children with severe disabilities.
Sec. 574. Continuation of impact aid assistance on behalf of dependents of certain
members despite change in status of member.
SUBTITLE H—DECORATIONS AND AWARDS
Sec. 576. Eligibility for Operation Enduring Freedom campaign medal.
SUBTITLE I—CONSUMER PROTECTION MATTERS
Sec. 577. Requirement for regulations on policies and procedures on personal com-
mercial solicitations on Department of Defense installations.
Sec. 578. Consumer education for members of the Armed Forces and their spouses
on insurance and other financial services.
Sec. 579. Report on predatory lending practices directed at members of the Armed
Forces and their dependents.
SUBTITLE J—REPORTS AND SENSE OF CONGRESS STATEMENTS
Sec. 581. Report on need for a personnel plan for linguists in the Armed Forces.
Sec. 582. Sense of Congress that colleges and universities give equal access to mili-
tary recruiters and ROTC in accordance with the Solomon Amendment
and requirement for report to Congress.
Sec. 583. Sense of Congress concerning study of options for providing homeland de-
fense education.
Sec. 584. Sense of Congress recognizing the diversity of the members of the Armed
Forces serving in Operation Iraqi Freedom and Operation Enduring
Freedom and honoring their sacrifices and the sacrifices of their fami-
lies.
SUBTITLE K—OTHER MATTERS
Sec. 589. Expansion and enhancement of authority to present recognition items for
recruitment and retention purposes.
Sec. 590. Extension of date of submittal of report of Veterans’ Disability Benefits
Commission.
Sec. 591. Recruitment and enlistment of home-schooled students in the Armed
Forces.
Sec. 592. Modification of requirement for certain intermediaries under certain au-
thorities relating to adoptions.
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Sec. 593. Adoption leave for members of the Armed Forces adopting children.
Sec. 594. Addition of information to be covered in mandatory preseparation coun-
seling.
Sec. 595. Report on Transition Assistance Programs.
Sec. 596. Improvement to Department of Defense capacity to respond to sexual as-
sault affecting members of the Armed Forces.
Sec. 597. Authority for appointment of Coast Guard flag officer as Chief of Staff to
the President.
Sec. 598. Prayer at military service academy activities.
Sec. 599. Modification of authority to make military working dogs available for
adoption.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
SUBTITLE A—PAY AND ALLOWANCES
Sec. 601. Increase in basic pay for fiscal year 2006.
Sec. 602. Additional pay for permanent military professors at United States Naval
Academy with over 36 years of service.
Sec. 603. Basic pay rates for reserve component members selected to attend mili-
tary service academy preparatory schools.
Sec. 604. Clarification of restriction on compensation for correspondence courses.
Sec. 605. Enhanced authority for agency contributions for members of the Armed
Forces participating in the Thrift Savings Plan.
Sec. 606. Pilot program on contributions to Thrift Savings Plan for initial enlistees
in the Army.
Sec. 607. Prohibition against requiring certain injured members to pay for meals
provided by military treatment facilities.
Sec. 608. Permanent authority for supplemental subsistence allowance for low-in-
come members with dependents.
Sec. 609. Increase in basic allowance for housing and extension of temporary lodg-
ing expenses authority for areas subject to major disaster declaration or
for installations experiencing sudden increase in personnel levels.
Sec. 610. Basic allowance for housing for reserve component members.
Sec. 611. Permanent increase in length of time dependents of certain deceased
members may continue to occupy military family housing or receive
basic allowance for housing.
Sec. 612. Overseas cost of living allowance.
Sec. 613. Allowance to cover portion of monthly deduction from basic pay for
Servicemembers’ Group Life Insurance coverage for members serving in
Operation Enduring Freedom or Operation Iraqi Freedom.
Sec. 614. Income replacement payments for Reserves experiencing extended and
frequent mobilization for active duty service.
SUBTITLE B—BONUSES AND SPECIAL AND INCENTIVE PAYS
Sec. 621. Extension or resumption of certain bonus and special pay authorities for
reserve forces.
Sec. 622. Extension of certain bonus and special pay authorities for certain health
care professionals.
Sec. 623. Extension of special pay and bonus authorities for nuclear officers.
Sec. 624. Extension of other bonus and special pay authorities.
Sec. 625. Eligibility of oral and maxillofacial surgeons for incentive special pay.
Sec. 626. Eligibility of dental officers for additional special pay.
Sec. 627. Increase in maximum monthly rate authorized for hardship duty pay.
Sec. 628. Flexible payment of assignment incentive pay.
Sec. 629. Active-duty reenlistment bonus.
Sec. 630. Reenlistment bonus for members of the Selected Reserve.
Sec. 631. Consolidation and modification of bonuses for affiliation or enlistment in
the Selected Reserve.
Sec. 632. Expansion and enhancement of special pay for enlisted members of the
Selected Reserve assigned to certain high priority units.
Sec. 633. Eligibility requirements for prior service enlistment bonus.
Sec. 634. Increase and enhancement of affiliation bonus for officers of the Selected
Reserve.
Sec. 635. Increase in authorized maximum amount of enlistment bonus.
Sec. 636. Discretion of Secretary of Defense to authorize retroactive hostile fire and
imminent danger pay.
Sec. 637. Increase in maximum bonus amount for nuclear-qualified officers extend-
ing period of active duty.
Sec. 638. Increase in maximum amount of nuclear career annual incentive bonus
for nuclear-qualified officers trained while serving as enlisted members.
Sec. 639. Uniform payment of foreign language proficiency pay to eligible reserve
component members and regular component members.
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Sec. 640. Retention bonus for members qualified in certain critical skills or as-
signed to high priority units.
Sec. 641. Incentive bonus for transfer between Armed Forces.
Sec. 642. Availability of special pay for members during rehabilitation from
wounds, injuries, and illnesses incurred in a combat operation or combat
zone.
Sec. 643. Pay and benefits to facilitate voluntary separation of targeted members
of the Armed Forces.
Sec. 644. Ratification of payment of critical-skills accession bonus for persons en-
rolled in Senior Reserve Officers’ Training Corps obtaining nursing de-
grees.
Sec. 645. Temporary authority to pay bonus to encourage members of the Army to
refer other persons for enlistment in the Army.
SUBTITLE C—TRAVEL AND TRANSPORTATION ALLOWANCES
Sec. 651. Authorized absences of members for which lodging expenses at temporary
duty location may be paid.
Sec. 652. Extended period for selection of home for travel and transportation allow-
ances for dependents of deceased members.
Sec. 653. Transportation of family members in connection with the repatriation of
members held captive.
Sec. 654. Increased weight allowances for shipment of household goods of senior
noncommissioned officers.
Sec. 655. Permanent authority to provide travel and transportation allowances for
family members to visit hospitalized members of the Armed Forces in-
jured in combat operation or combat zone.
SUBTITLE D—RETIRED PAY AND SURVIVOR BENEFITS
Sec. 661. Monthly disbursement to States of State income tax withheld from retired
or retainer pay.
Sec. 662. Denial of certain burial-related benefits for individuals who committed a
capital offense.
Sec. 663. Concurrent receipt of veterans disability compensation and military re-
tired pay.
Sec. 664. Additional amounts of death gratuity for survivors of certain members of
the Armed Forces dying on active duty.
Sec. 665. Child support for certain minor children of retirement-eligible members
convicted of domestic violence resulting in death of child’s other parent.
Sec. 666. Comptroller General report on actuarial soundness of the Survivor Ben-
efit Plan.
SUBTITLE E—COMMISSARY AND NONAPPROPRIATED FUND INSTRUMENTALITY
BENEFITS
Sec. 671. Increase in authorized level of supplies and services procurement from
overseas exchange stores.
Sec. 672. Requirements for private operation of commissary store functions.
Sec. 673. Provision of and payment for overseas transportation services for com-
missary and exchange supplies and products.
Sec. 674. Compensatory time off for certain nonappropriated fund employees.
Sec. 675. Rest and recuperation leave programs.
SUBTITLE F—OTHER MATTERS
Sec. 681. Temporary Army authority to provide additional recruitment incentives.
Sec. 682. Clarification of leave accrual for members assigned to a deployable ship
or mobile unit or other duty.
Sec. 683. Expansion of authority to remit or cancel indebtedness of members of the
Armed Forces incurred on active duty.
Sec. 684. Loan repayment program for chaplains in the Selected Reserve.
Sec. 685. Inclusion of Senior Enlisted Advisor for the Chairman of the Joint Chiefs
of Staff among senior enlisted members of the Armed Forces.
Sec. 686. Special and incentive pays considered for saved pay upon appointment of
members as officers.
Sec. 687. Repayment of unearned portion of bonuses, special pays, and educational
benefits.
Sec. 688. Rights of members of the Armed Forces and their dependents under
Housing and Urban Development Act of 1968.
Sec. 689. Extension of eligibility for SSI for certain individuals in families that in-
clude members of the Reserve and National Guard.
Sec. 690. Information for members of the Armed Forces and their dependents on
rights and protections of the Servicemembers Civil Relief Act.
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TITLE VII—HEALTH CARE PROVISIONS
SUBTITLE A—IMPROVEMENTS TO HEALTH BENEFITS FOR RESERVES
Sec. 701. Enhancement of TRICARE Reserve Select program.
Sec. 702. Expanded eligibility of members of the Selected Reserve under the
TRICARE program.
SUBTITLE B—TRICARE PROGRAM IMPROVEMENTS
Sec. 711. Additional information required by surveys on TRICARE Standard.
Sec. 712. Availability of chiropractic health care services.
Sec. 713. Surviving-dependent eligibility under TRICARE dental plan for surviving
spouses who were on active duty at time of death of military spouse.
Sec. 714. Exceptional eligibility for TRICARE Prime Remote.
Sec. 715. Increased period of continued TRICARE Prime coverage of children of
members of the uniformed services who die while serving on active duty
for a period of more than 30 days.
Sec. 716. TRICARE Standard in TRICARE Regional Offices.
Sec. 717. Qualifications for individuals serving as TRICARE Regional Directors.
SUBTITLE C—MENTAL HEALTH-RELATED PROVISIONS
Sec. 721. Program for mental health awareness for dependents and pilot project on
post traumatic stress disorder.
Sec. 722. Pilot projects on early diagnosis and treatment of post traumatic stress
disorder and other mental health conditions.
Sec. 723. Department of Defense task force on mental health.
SUBTITLE D—STUDIES AND REPORTS
Sec. 731. Study relating to predeployment and postdeployment medical exams of
certain members of the Armed Forces.
Sec. 732. Requirements for physical examinations and medical and dental readi-
ness for members of the Selected Reserve not on active duty.
Sec. 733. Report on delivery of health care benefits through the military health
care system.
Sec. 734. Comptroller General studies and report on differential payments to chil-
dren’s hospitals for health care for children dependents and maximum
allowable charge for obstetrical care services under TRICARE.
Sec. 735. Report on the Department of Defense AHLTA global electronic health
record system.
Sec. 736. Comptroller General study and report on Vaccine Healthcare Centers.
Sec. 737. Report on adverse health events associated with use of anti-malarial
drugs.
Sec. 738. Report on Reserve dental insurance program.
Sec. 739. Demonstration project study on Medicare Advantage regional preferred
provider organization option for TRICARE-medicare dual-eligible bene-
ficiaries.
Sec. 740. Pilot projects on pediatric early literacy among children of members of the
Armed Forces.
SUBTITLE E—OTHER MATTERS
Sec. 741. Authority to relocate patient safety center; renaming MedTeams Program.
Sec. 742. Modification of health care quality information and technology enhance-
ment reporting requirement.
Sec. 743. Correction to eligibility of certain Reserve officers for military health care
pending active duty following commissioning.
Sec. 744. Prohibition on conversions of military medical and dental positions to ci-
vilian medical positions until submission of certification.
Sec. 745. Clarification of inclusion of dental care in medical readiness tracking and
health surveillance program.
Sec. 746. Cooperative outreach to members and former members of the naval serv-
ice exposed to environmental factors related to sarcoidosis.
Sec. 747. Repeal of requirement for Comptroller General reviews of certain Depart-
ment of Defense-Department of Veterans Affairs projects on sharing of
health care resources.
Sec. 748. Pandemic avian flu preparedness.
Sec. 749. Follow up assistance for members of the Armed Forces after
preseparation physical examinations.
Sec. 750. Policy on role of military medical and behavioral science personnel in in-
terrogation of detainees.
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TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
SUBTITLE A—PROVISIONS RELATING TO MAJOR DEFENSE ACQUISITION
PROGRAMS
Sec. 801. Requirement for certification before major defense acquisition program
may proceed to Milestone B.
Sec. 802. Requirements applicable to major defense acquisition programs exceeding
baseline costs.
Sec. 803. Requirement for determination by Secretary of Defense and notification
to Congress before procurement of major weapon systems as commercial
items.
Sec. 804. Reports on significant increases in program acquisition unit costs or pro-
curement unit costs of major defense acquisition programs.
Sec. 805. Report on use of lead system integrators in the acquisition of major sys-
tems.
Sec. 806. Congressional notification of cancellation of major automated information
systems.
SUBTITLE B—ACQUISITION POLICY AND MANAGEMENT
Sec. 811. Internal controls for procurements on behalf of the Department of De-
fense.
Sec. 812. Management structure for the procurement of contract services.
Sec. 813. Report on service surcharges for purchases made for military depart-
ments through other Department of Defense agencies.
Sec. 814. Review of defense acquisition structures and capabilities.
Sec. 815. Modification of requirements applicable to contracts authorized by law for
certain military materiel.
Sec. 816. Guidance on use of tiered evaluations of offers for contracts and task or-
ders under contracts.
Sec. 817. Joint policy on contingency contracting.
Sec. 818. Acquisition strategy for commercial satellite communication services.
Sec. 819. Authorization of evaluation factor for defense contractors employing or
subcontracting with members of the Selected Reserve of the reserve
components of the Armed Forces.
SUBTITLE C—AMENDMENTS TO GENERAL CONTRACTING AUTHORITIES,
PROCEDURES, AND LIMITATIONS
Sec. 821. Participation by Department of Defense in acquisition workforce training
fund.
Sec. 822. Increase in cost accounting standard threshold.
Sec. 823. Modification of authority to carry out certain prototype projects.
Sec. 824. Increased limit applicable to assistance provided under certain procure-
ment technical assistance programs.
SUBTITLE D—UNITED STATES DEFENSE INDUSTRIAL BASE PROVISIONS
Sec. 831. Clarification of exception from Buy American requirements for procure-
ment of perishable food for establishments outside the United States.
Sec. 832. Training for defense acquisition workforce on the requirements of the
Berry Amendment.
Sec. 833. Amendments to domestic source requirements relating to clothing mate-
rials and components covered.
SUBTITLE E—OTHER MATTERS
Sec. 841. Review and report on Department of Defense efforts to identify contract
fraud, waste, and abuse.
Sec. 842. Extension of contract goal for small disadvantaged businesses and certain
institutions of higher education.
Sec. 843. Extension of deadline for report of advisory panel on laws and regulations
on acquisition practices.
Sec. 844. Exclusion of certain security expenses from consideration for purpose of
small business size standards.
Sec. 845. Disaster relief for small business concerns damaged by drought.
Sec. 846. Extension of limited acquisition authority for the commander of the
United States Joint Forces Command.
Sec. 847. Civilian Board of Contract Appeals.
Sec. 848. Statement of policy and report relating to contracting with employers of
persons with disabilities.
Sec. 849. Study on Department of Defense contracting with small business concerns
owned and controlled by service-disabled veterans.
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TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
SUBTITLE A—GENERAL DEPARTMENT OF DEFENSE MANAGEMENT MATTERS
Sec. 901. Parity in pay levels among Under Secretary positions.
Sec. 902. Expansion of eligibility for leadership of Department of Defense Test Re-
source Management Center.
Sec. 903. Standardization of authority for acceptance of gifts and donations for De-
partment of Defense regional centers for security studies.
Sec. 904. Directors of Small Business Programs in Department of Defense and mili-
tary departments.
Sec. 905. Plan to defend the homeland against cruise missiles and other low-alti-
tude aircraft.
Sec. 906. Provision of audiovisual support services by White House Communica-
tions Agency on nonreimbursable basis.
Sec. 907. Report on establishment of a Deputy Secretary of Defense for Manage-
ment.
Sec. 908. Responsibility of the Joint Chiefs of Staff as military advisers to the
Homeland Security Council.
Sec. 909. Improvement in health care services for residents of Armed Forces Retire-
ment Home.
SUBTITLE B—SPACE ACTIVITIES
Sec. 911. Space Situational Awareness Strategy and space control mission review.
Sec. 912. Military satellite communications.
Sec. 913. Operationally responsive space.
Sec. 914. Report on use of Space Radar for topographical mapping for scientific and
civil purposes.
Sec. 915. Sense of Congress regarding national security aspect of United States
preeminence in human spaceflight.
SUBTITLE C—CHEMICAL DEMILITARIZATION PROGRAM
Sec. 921. Clarification of Cooperative Agreement Authority under Chemical Demili-
tarization Program.
Sec. 922. Chemical demilitarization facilities.
SUBTITLE D—INTELLIGENCE-RELATED MATTERS
Sec. 931. Department of Defense Strategy for Open-Source Intelligence.
Sec. 932. Comprehensive inventory of Department of Defense Intelligence and In-
telligence-related programs and projects.
Sec. 933. Operational files of the Defense Intelligence Agency.
TITLE X—GENERAL PROVISIONS
SUBTITLE A—FINANCIAL MATTERS
Sec. 1001. Transfer authority.
Sec. 1002. Authorization of emergency supplemental appropriations for fiscal years
2005 and 2006.
Sec. 1003. Increase in fiscal year 2005 general transfer authority.
Sec. 1004. Reports on feasibility and desirability of capital budgeting for major de-
fense acquisition programs.
Sec. 1005. United States contribution to NATO common-funded budgets in fiscal
year 2006.
SUBTITLE B—NAVAL VESSELS AND SHIPYARDS
Sec. 1011. Conveyance, Navy drydock, Seattle, Washington.
Sec. 1012. Conveyance, Navy drydock, Jacksonville, Florida.
Sec. 1013. Conveyance, Navy drydock, Port Arthur, Texas.
Sec. 1014. Transfer of battleships U.S.S. WISCONSIN and U.S.S. IOWA.
Sec. 1015. Transfer of ex-U.S.S. Forrest Sherman.
Sec. 1016. Report on leasing of vessels to meet national defense sealift require-
ments.
Sec. 1017. Establishment of the USS Oklahoma Memorial and other memorials at
Pearl Harbor.
Sec. 1018. Authority to use National Defense Sealift Fund to purchase certain mar-
itime prepositioning ships currently under charter to the Navy.
SUBTITLE C—COUNTER-DRUG ACTIVITIES
Sec. 1021. Resumption of reporting requirement regarding Department of Defense
expenditures to support foreign counter-drug activities.
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Sec. 1022. Clarification of authority for joint task forces to support law enforcement
agencies conducting counter-terrorism activities.
Sec. 1023. Sense of Congress regarding drug trafficking deterrence.
SUBTITLE D—MATTERS RELATED TO HOMELAND SECURITY
Sec. 1031. Responsibilities of Assistant Secretary of Defense for Homeland Defense
relating to nuclear, chemical, and biological emergency response.
Sec. 1032. Testing of preparedness for emergencies involving nuclear, radiological,
chemical, biological, and high-yield explosives weapons.
Sec. 1033. Department of Defense chemical, biological, radiological, nuclear, and
high-yield explosives response teams.
Sec. 1034. Repeal of Department of Defense emergency response assistance pro-
gram.
Sec. 1035. Report on use of Department of Defense aerial reconnaissance assets to
support Homeland Security border security missions.
SUBTITLE E—REPORTS AND STUDIES
Sec. 1041. Review of Defense Base Act insurance.
Sec. 1042. Report on Department of Defense response to findings and recommenda-
tions of Defense Science Board Task Force on High Performance
Microchip Supply.
SUBTITLE F—OTHER MATTERS
Sec. 1051. Commission on the Implementation of the New Strategic Posture of the
United States.
Sec. 1052. Reestablishment of EMP Commission.
Sec. 1053. Modernization of authority relating to security of defense property and
facilities.
Sec. 1054. Revision of Department of Defense counterintelligence polygraph pro-
gram.
Sec. 1055. Preservation of records pertaining to radioactive fallout from nuclear
weapons testing.
Sec. 1056. Technical and clerical amendments.
Sec. 1057. Deletion of obsolete definitions in titles 10 and 32, United States Code.
Sec. 1058. Support for youth organizations.
Sec. 1059. Special immigrant status for persons serving as translators with United
States Armed Forces.
Sec. 1060. Expansion of emergency services under reciprocal agreements.
Sec. 1061. Renewal of moratorium on return of veterans memorial objects to foreign
nations without specific authorization in law.
Sec. 1062. Sense of Congress on national security interest of maintaining aero-
nautics research and development.
Sec. 1063. Airport certification.
SUBTITLE G—MILITARY MAIL MATTERS
Sec. 1071. Safe delivery of mail in military mail system.
TITLE XI—CIVILIAN PERSONNEL MATTERS
SUBTITLE A—EXTENSIONS OF AUTHORITIES
Sec. 1101. Extension of eligibility to continue Federal employee health benefits.
Sec. 1102. Extension of Department of Defense voluntary reduction in force author-
ity.
Sec. 1103. Extension of authority to make lump sum severance payments.
Sec. 1104. Permanent extension of Science, Mathematics, and Research for Trans-
formation (SMART) Defense Education Program.
Sec. 1105. Authority to waive annual limitation on total compensation paid to Fed-
eral civilian employees.
SUBTITLE B—VETERANS PREFERENCE MATTERS
Sec. 1111. Veterans’ preference status for certain veterans who served on active
duty during the period beginning on September 11, 2001, and ending as
of the close of Operation Iraqi Freedom.
Sec. 1112. Veterans’ preference eligibility for military reservists.
SUBTITLE C—OTHER MATTERS
Sec. 1121. Transportation of family members in connection with the repatriation of
Federal employees held captive.
Sec. 1122. Strategic human capital plan for civilian employees of the Department
of Defense.
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Sec. 1123. Independent study on features of successful personnel management sys-
tems of highly technical and scientific workforces.
Sec. 1124. Support by Department of Defense of pilot project for Civilian Linguist
Reserve Corps.
Sec. 1125. Increase in authorized number of positions in Defense Intelligence Sen-
ior Executive Service.
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS
SUBTITLE A—ASSISTANCE AND TRAINING
Sec. 1201. Extension of humanitarian and civic assistance provided to host nations
in conjunction with military operations.
Sec. 1202. Commanders’ Emergency Response Program.
Sec. 1203. Modification of geographic restriction under bilateral and regional co-
operation programs for payment of certain expenses of defense per-
sonnel of developing countries.
Sec. 1204. 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. 1205. Two-year extension of authority for payment of certain administrative
services and support for coalition liaison officers.
Sec. 1206. Authority to build the capacity of foreign military forces.
Sec. 1207. Security and stabilization assistance.
Sec. 1208. Reimbursement of certain coalition nations for support provided to
United States military operations.
Sec. 1209. Authority to transfer defense articles and provide defense services to the
military and security forces of Iraq and Afghanistan.
SUBTITLE B—NONPROLIFERATION MATTERS AND COUNTRIES OF CONCERN
Sec. 1211. Prohibition on procurements from Communist Chinese military compa-
nies.
Sec. 1212. Report on nonstrategic nuclear weapons.
SUBTITLE C—REPORTS AND SENSE OF CONGRESS PROVISIONS
Sec. 1221. War-related reporting requirements.
Sec. 1222. Quarterly reports on war strategy in Iraq.
Sec. 1223. Report on records of civilian casualties in Afghanistan and Iraq.
Sec. 1224. Annual report on Department of Defense costs to carry out United Na-
tions resolutions.
Sec. 1225. Report on claims related to the bombing of the LaBelle Discotheque.
Sec. 1226. Sense of Congress concerning cooperation with Russia on issues per-
taining to missile defense.
Sec. 1227. United States policy on Iraq.
SUBTITLE D—OTHER MATTERS
Sec. 1231. Purchase of weapons overseas for force protection purposes in countries
in which combat operations are ongoing.
Sec. 1232. Riot control agents.
Sec. 1233. Requirement for establishment of certain criteria applicable to Global
Posture Review.
Sec. 1234. The United States-China Economic Security Review Commission.
TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF
THE FORMER SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Permanent waiver of restrictions on use of funds for threat reduction in
states of the former Soviet Union.
Sec. 1304. Report on elimination of impediments to threat-reduction and non-
proliferation programs in the former Soviet Union.
Sec. 1305. Repeal of requirement for annual Comptroller General assessment of an-
nual Department of Defense report on activities and assistance under
Cooperative Threat Reduction programs.
TITLE XIV—MATTERS RELATING TO DETAINEES
Sec. 1401. Short title.
Sec. 1402. Uniform standards for the interrogation of persons under the detention
of the Department of Defense.
Sec. 1403. Prohibition on cruel, inhuman, or degrading treatment or punishment of
persons under custody or control of the United States Government.
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Sec. 1404. Protection of United States Government personnel engaged in author-
ized interrogations.
Sec. 1405. Procedures for status review of detainees outside the United States.
Sec. 1406. Training of Iraqi security forces regarding treatment of detainees.
TITLE XV—AUTHORIZATION FOR INCREASED COSTS DUE TO
OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Air Force procurement.
Sec. 1505. Defense-wide activities procurement.
Sec. 1506. Research, development, test and evaluation.
Sec. 1507. Operation and maintenance.
Sec. 1508. Defense Working Capital Fund.
Sec. 1509. Defense Health Program.
Sec. 1510. Military personnel.
Sec. 1511. Iraq Freedom Fund.
Sec. 1512. Treatment as additional authorizations.
Sec. 1513. Transfer authority.
Sec. 1514. Availability of funds.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 2004 project.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year 2004 project.
Sec. 2206. Modifications of authority to carry out certain fiscal year 2005 projects.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY
INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2702. Extension of authorizations of certain fiscal year 2003 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 2002 projects.
TITLE XXVIII—GENERAL PROVISIONS
SUBTITLE A—MILITARY CONSTRUCTION PROGRAM AND MILITARY FAMILY
HOUSING CHANGES
Sec. 2801. Modification of congressional notification requirements for certain mili-
tary construction activities.
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Sec. 2802. Increase in number of family housing units in Korea authorized for lease
by the Army at maximum amount.
Sec. 2803. Improvement in availability and timeliness of Department of Defense in-
formation regarding military construction and family housing accounts
and activities.
Sec. 2804. Modification of cost variation authority.
Sec. 2805. Inapplicability to child development centers of restriction on authority to
acquire or construct ancillary supporting facilities.
Sec. 2806. Department of Defense Housing Funds.
Sec. 2807. Use of design-build selection procedures to accelerate design effort in
connection with military construction projects.
Sec. 2808. Acquisition of associated utilities, equipment, and furnishings in reserve
component facility exchange.
Sec. 2809. One-year extension of temporary, limited authority to use operation and
maintenance funds for construction projects outside the United States.
Sec. 2810. Temporary program to use minor military construction authority for con-
struction of child development centers.
Sec. 2811. General and flag officers quarters in the National Capital Region.
SUBTITLE B—REAL PROPERTY AND FACILITIES ADMINISTRATION
Sec. 2821. Consolidation of Department of Defense land acquisition authorities and
limitations on use of such authorities.
Sec. 2822. Modification of authorities on agreements to limit encroachments and
other constraints on military training, testing, and operations.
Sec. 2823. Modification of utility system conveyance authority and related report-
ing requirements.
Sec. 2824. Report on application of force protection and anti-terrorism standards to
leased facilities.
Sec. 2825. Report on use of ground source heat pumps at Department of Defense
facilities.
SUBTITLE C—BASE CLOSURE AND REALIGNMENT
Sec. 2831. Additional reporting requirements regarding base closure process and
use of Department of Defense base closure accounts.
Sec. 2832. Expanded availability of adjustment and diversification assistance for
communities adversely affected by mission realignments in base closure
process.
Sec. 2833. Treatment of Indian Tribal Governments as public entities for purposes
of disposal of real property recommended for closure in July 1993 BRAC
Commission report.
Sec. 2834. Termination of project authorizations for military installations approved
for closure in 2005 round of base realignments and closures.
Sec. 2835. Required consultation with State and local entities on issues related to
increase in number of military personnel at military installations.
Sec. 2836. Sense of Congress regarding infrastructure and installation require-
ments for transfer of units and personnel from closed and realigned
military installations to receiving locations.
Sec. 2837. Defense access road program and military installations affected by de-
fense base closure process or Integrated Global Presence and Basing
Strategy.
Sec. 2838. Sense of Congress on reversionary interests involving real property at
Navy homeports.
SUBTITLE D—LAND CONVEYANCES
PART I—ARMY CONVEYANCES
Sec. 2841. Land conveyance, Camp Navajo, Arizona.
Sec. 2842. Land conveyance, Iowa Army Ammunition Plant, Middletown, Iowa.
Sec. 2843. Land conveyance, Helena, Montana.
Sec. 2844. Lease authority, Army Heritage and Education Center, Carlisle, Penn-
sylvania.
Sec. 2845. Land exchange, Fort Hood, Texas.
Sec. 2846. Modification of land conveyance, Engineer Proving Ground, Fort Belvoir,
Virginia.
Sec. 2847. Land conveyance, Fort Belvoir, Virginia.
Sec. 2848. Land conveyance, Army Reserve Center, Bothell, Washington.
PART II—NAVY CONVEYANCES
Sec. 2851. Land conveyance, Marine Corps Air Station, Miramar, San Diego, Cali-
fornia.
Sec. 2852. Lease or license of United States Navy Museum facilities at Washington
Navy Yard, District of Columbia.
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PART III—AIR FORCE CONVEYANCES
Sec. 2861. Purchase of build-to-lease family housing, Eielson Air Force Base, Alas-
ka.
Sec. 2862. Land conveyance, Air Force property, Jacksonville, Arkansas.
Sec. 2863. Land conveyance, Air Force property, La Junta, Colorado.
Sec. 2864. Lease, National Imagery and Mapping Agency site, St. Louis, Missouri.
SUBTITLE E—OTHER MATTERS
Sec. 2871. Clarification of moratorium on certain improvements at Fort Buchanan,
Puerto Rico.
Sec. 2872. Transfer of excess Department of Defense property on Santa Rosa and
Okaloosa Island, Florida, to Gulf Islands National Seashore.
Sec. 2873. Authorized military uses of Papago Park Military Reservation, Phoenix,
Arizona.
Sec. 2874. Assessment of water needs for Presidio of Monterey and Ord Military
Community.
Sec. 2875. Redesignation of McEntire Air National Guard Station, South Carolina,
as McEntire Joint National Guard Base.
Sec. 2876. Sense of Congress regarding community impact assistance related to
construction of Navy landing field, North Carolina.
Sec. 2877. Sense of Congress on establishment of Bakers Creek Memorial.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS
AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
SUBTITLE A—NATIONAL SECURITY PROGRAMS AUTHORIZATIONS
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
SUBTITLE B—OTHER MATTERS
Sec. 3111. Reliable Replacement Warhead program.
Sec. 3112. Rocky Flats Environmental Technology Site.
Sec. 3113. Report on compliance with Design Basis Threat issued by Department
of Energy in 2005.
Sec. 3114. Reports associated with Waste Treatment and Immobilization Plant
Project, Hanford Site, Richland, Washington.
Sec. 3115. Report on assistance for a comprehensive inventory of Russian nonstra-
tegic nuclear weapons.
Sec. 3116. Report on international border security programs.
Sec. 3117. Savannah River National Laboratory.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Revisions to required receipt objectives for previously authorized dis-
posals from National Defense Stockpile.
Sec. 3303. Authorization for disposal of tungsten ores and concentrates.
Sec. 3304. Disposal of ferromanganese.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV—MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2006.
Sec. 3502. Payments for State and regional maritime academies.
Sec. 3503. Maintenance and repair reimbursement pilot program.
Sec. 3504. Tank vessel construction assistance.
Sec. 3505. Improvements to the Maritime Administration vessel disposal program.
Sec. 3506. Assistance for small shipyards and maritime communities.
Sec. 3507. Transfer of authority for title XI non-fishing loan guarantee decisions to
Maritime Administration.
Sec. 3508. Technical corrections.
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Sec. 3509. United States Maritime Service.
Sec. 3510. Awards and medals.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term ‘‘congressional defense
committees’’ has the meaning given that term in section 101(a)(16)
of title 10, United States Code.
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
SUBTITLE A—AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
SUBTITLE B—ARMY PROGRAMS
Sec. 111. Multiyear procurement authority for utility helicopters.
Sec. 112. Multiyear procurement authority for modernized target acquisition des-
ignation sight/pilot night vision sensors for AH–64 Apache attack heli-
copters.
Sec. 113. Multiyear procurement authority for conversion of AH–64A Apache attack
helicopters to the AH–64D Block II configuration.
Sec. 114. Acquisition strategy for tactical wheeled vehicle programs.
Sec. 115. Report on Army Modular Force Initiative.
SUBTITLE C—NAVY PROGRAMS
Sec. 121. Virginia-class submarine program.
Sec. 122. LHA Replacement (LHA(R)) amphibious assault ship program.
Sec. 123. Cost limitation for next-generation destroyer program.
Sec. 124. Littoral Combat Ship (LCS) program.
Sec. 125. Prohibition on acquisition of next-generation destroyer through a single
shipyard.
Sec. 126. Aircraft carrier force structure.
Sec. 127. Refueling and complex overhaul of the U.S.S. Carl Vinson.
Sec. 128. CVN–78 aircraft carrier.
Sec. 129. LHA Replacement (LHA(R)) ship.
Sec. 130. Report on alternative propulsion methods for surface combatants and am-
phibious warfare ships.
SUBTITLE D—AIR FORCE PROGRAMS
Sec. 131. C–17 aircraft program and assessment of intertheater airlift require-
ments.
Sec. 132. Prohibition on retirement of KC–135E aircraft.
Sec. 133. Prohibition on retirement of F–117 aircraft during fiscal year 2006.
Sec. 134. Prohibition on retirement of C–130E/H tactical airlift aircraft during fis-
cal year 2006.
Sec. 135. Procurement of C–130J/KC–130J aircraft after fiscal year 2005.
Sec. 136. Report on Air Force aircraft aeromedical evacuation programs.
SUBTITLE E—JOINT AND MULTISERVICE MATTERS
Sec. 141. Requirement that tactical unmanned aerial vehicles use specified stand-
ard data link.
Sec. 142. Limitation on initiation of new unmanned aerial vehicle systems.
Sec. 143. Advanced SEAL Delivery System.
Subtitle A—Authorization of
Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year
2006 for procurement for the Army as follows:
10 USC 101 note.
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(1) For aircraft, $2,792,580,000.
(2) For missiles, $1,246,850,000.
(3) 
For 
weapons 
and 
tracked 
combat 
vehicles,
$1,652,949,000.
(4) For ammunition, $1,738,872,000.
(5) For other procurement, $4,328,934,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appropriated
for fiscal year 2006 for procurement for the Navy as follows:
(1) For aircraft, $9,803,126,000.
(2) For weapons, including missiles and torpedoes,
$2,737,841,000.
(3) For shipbuilding and conversion, $8,880,623,000.
(4) For other procurement, $5,518,287,000.
(b) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 2006 for procurement for the Marine Corps
in the amount of $1,396,705,000.
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby
authorized to be appropriated for fiscal year 2006 for procurement
of ammunition for the Navy and the Marine Corps in the amount
of $867,470,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year
2006 for procurement for the Air Force as follows:
(1) For aircraft, $12,862,333,000.
(2) For ammunition, $1,021,207,000.
(3) For missiles, $5,394,557,000.
(4) For other procurement, $14,024,689,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year
2006 
for 
Defense-wide 
procurement 
in 
the 
amount 
of
$2,646,988,000.
Subtitle B—Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR UTILITY HELI-
COPTERS.
(a) UH–60M BLACK HAWK HELICOPTERS.—Subject to subsection
(c), the Secretary of the Army may enter into a multiyear contract
for the procurement of UH–60M Black Hawk helicopters.
(b) MH–60S SEAHAWK HELICOPTERS.—Subject to subsection (c),
the Secretary of the Army, acting as executive agent for the Depart-
ment of the Navy, may enter into a multiyear contract for the
procurement of MH–60S Seahawk helicopters.
(c) CONTRACT REQUIREMENTS.—Any multiyear contract under
this section shall be entered into in accordance with section 2306b
of title 10, United States Code, and shall commence with the
fiscal year 2007 program year.
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SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR MODERNIZED
TARGET ACQUISITION DESIGNATION SIGHT/PILOT NIGHT
VISION SENSORS FOR AH–64 APACHE ATTACK HELI-
COPTERS.
(a) AUTHORITY.—The Secretary of the Army may, in accordance
with section 2306b of title 10, United States Code, enter into a
multiyear contract, beginning with the fiscal year 2006 program
year, for procurement of modernized target acquisition designation
sight/pilot night vision sensors for AH–64 Apache attack helicopters.
(b) LIMITATION ON TERM OF CONTRACT.—Notwithstanding sub-
section (k) of section 2306b of title 10, United States Code, a
contract under this section may not be for a period in excess
of four program years.
SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR CONVERSION
OF AH–64A APACHE ATTACK HELICOPTERS TO THE AH–
64D BLOCK II CONFIGURATION.
(a) AUTHORITY.—The Secretary of the Army may, in accordance
with section 2306b of title 10, United States Code, enter into a
multiyear contract, beginning with the fiscal year 2006 program
year, for conversion of AH–64A Apache attack helicopters to the
AH–64D Block II configuration.
(b) LIMITATION ON TERM OF CONTRACT.—Notwithstanding sub-
section (k) of section 2306b of title 10, United States Code, a
contract under this section may not be for a period in excess
of four program years.
SEC. 114. ACQUISITION STRATEGY FOR TACTICAL WHEELED VEHICLE
PROGRAMS.
(a) ARMY.—If, in carrying out a program for modernization
and recapitalization of the fleet of tactical wheeled vehicles of
the Army, the Secretary of the Army determines to award a contract
for procurement of a new vehicle class for the next-generation
tactical wheeled vehicle, the Secretary shall award and execute
the acquisition program under that contract as a joint service
program with the Marine Corps.
(b) MARINE CORPS.—If, in carrying out a program for mod-
ernization and recapitalization of the fleet of tactical wheeled
vehicles of the Marine Corps, the Secretary of the Navy determines
to award a contract for procurement of a new vehicle class for
the next-generation tactical wheeled vehicle, the Secretary shall
award and execute the acquisition program under that contract
as a joint service program with the Army.
(c) APPLICABILITY ONLY TO NEW VEHICLE CLASS.—Subsections
(a) and (b) do not apply to a contract for modifications, upgrades,
or product improvements to the existing fleet of tactical wheeled
vehicles of the Army or Marine Corps, respectively.
SEC. 115. REPORT ON ARMY MODULAR FORCE INITIATIVE.
(a) REPORT.—The Secretary of the Army shall submit to the
congressional defense committees a report on the complex of pro-
grams referred to as the Army Modular Force Initiative. The report
shall be submitted not later than 30 days after the date of the
submission to Congress of a request by the President for the enact-
ment of emergency supplemental appropriations for the Department
of Defense for fiscal year 2006.
(b) MATTERS TO BE INCLUDED.—The report under subsection
(a) shall include the following:
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(1) A specification of each acquisition program of the Army
that is considered by the Secretary of the Army to be part
of the complex of programs constituting the Army Modular
Force Initiative.
(2) For each program specified under paragraph (1), the
acquisition objective of the program, the funding profile of
the program, and the requirement for the program.
(3) The requirements of each such program that, under
current funding plans of the Department of Defense for fiscal
years after fiscal year 2006, would not be funded.
(4) A detailed accounting of the amounts for the Army
Modular Force Initiative in the request for supplemental appro-
priations referred to in subsection (a).
Subtitle C—Navy Programs
SEC. 121. VIRGINIA-CLASS SUBMARINE PROGRAM.
(a) LIMITATION OF COSTS.—Except as provided in subsection
(b), the total amount obligated or expended for procurement of
the five Virginia-class submarines designated as SSN–779, SSN–
780, SSN–781, SSN–782, and SSN–783 may not exceed the fol-
lowing amounts:
(1) For the SSN–779 submarine, $2,330,000,000.
(2) For the SSN–780 submarine, $2,470,000,000.
(3) For the SSN–781 submarine, $2,550,000,000.
(4) For the SSN–782 submarine, $2,670,000,000.
(5) For the SSN–783 submarine, $2,720,000,000.
(b) ADJUSTMENT OF LIMITATION AMOUNTS.—The Secretary of
the Navy may adjust the amount set forth in subsection (a) for
any Virginia-class submarine specified in that subsection by the
following:
(1) The amounts of increases or decreases in costs attrib-
utable to economic inflation after September 30, 2005.
(2) The amounts of increases or decreases in costs attrib-
utable to compliance with changes in Federal, State, or local
laws enacted after September 30, 2005.
(3) The amounts of outfitting costs and post-delivery costs
incurred for that submarine.
(4) The amounts of increases or decreases in costs of that
submarine that are attributable to insertion of new technology
into that submarine, as compared to the technology built into
the lead vessel of the Virginia class.
(c) LIMITATION
ON
TECHNOLOGY
INSERTION
COST
ADJUST-
MENT.—The Secretary of the Navy may use the authority under
paragraph (4) of subsection (b) to adjust the amount set forth
in subsection (a) for any Virginia-class submarine with respect
to insertion of new technology into that submarine only if—
(1) the Secretary determines, and certifies to the congres-
sional defense committees, that insertion of the new technology
would lower the life-cycle cost of the submarine; or
(2) the Secretary determines, and certifies to the congres-
sional defense committees, that insertion of the new technology
is required to meet an emerging threat and the Secretary
of Defense certifies to those committees that such threat poses
grave harm to national security.
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(d) NOTICE TO CONGRESS OF PROGRAM CHANGES.—The Sec-
retary of the Navy shall submit to the congressional defense commit-
tees each year, at the same time that the budget is submitted
under section 1105(a) of title 31, United States Code, for the next
fiscal year, written notice of any change in any of the amounts
set forth in subsection (a) during the preceding fiscal year that
the Secretary has determined to be associated with a cost referred
to in subsection (b).
SEC. 122. LHA REPLACEMENT (LHA(R)) AMPHIBIOUS ASSAULT SHIP
PROGRAM.
(a) LIMITATION ON PROCUREMENT FUNDS.—Of the funds avail-
able to the Department of the Navy for Shipbuilding and Conver-
sion, Navy, for fiscal year 2006 for procurement for the LHA
Replacement (LHA(R)) amphibious assault ship program, not more
than 70 percent may be obligated or expended until the Secretary
of the Navy submits to the congressional defense committees the
Secretary’s certification in writing that—
(1) a detailed operational requirements document for the
program has been approved within the Department of Defense
by an appropriate approval authority; and
(2) there exists a stable design for the LHA(R) class of
vessels.
(b) STABLE DESIGN.—For purposes of this section, the design
of a class of vessels shall be considered to be stable when no
substantial change to the design is anticipated.
SEC. 123. COST LIMITATION FOR NEXT-GENERATION DESTROYER PRO-
GRAM.
(a) LIMITATION OF COSTS.—Except as provided in subsection
(b), the total amount obligated or expended for procurement of
the fifth vessel in the next-generation destroyer program may not
exceed $2,300,000,000.
(b) ADJUSTMENT
OF LIMITATION AMOUNT.—The Secretary of
the Navy may adjust the amount set forth in subsection (a) for
the vessel referred to in that subsection by the following:
(1) The amounts of increases or decreases in costs attrib-
utable to economic inflation after September 30, 2005.
(2) The amounts of increases or decreases in costs attrib-
utable to compliance with changes in Federal, State, or local
laws enacted after September 30, 2005.
(3) The amounts of outfitting costs and post-delivery costs
incurred for that vessel.
(4) The amounts of increases or decreases in costs of that
vessel that are attributable to insertion of new technology into
that vessel, as compared to the technology built into the lead
vessel of the next-generation destroyer program class.
(c) LIMITATION
ON
TECHNOLOGY
INSERTION
COST
ADJUST-
MENT.—The Secretary of the Navy may use the authority under
paragraph (4) of subsection (b) to adjust the amount set forth
in subsection (a) for the vessel referred to in that subsection with
respect to insertion of new technology into that vessel only if—
(1) the Secretary determines, and certifies to the congres-
sional defense committees, that insertion of the new technology
would lower the life-cycle cost of the vessel; or
(2) the Secretary determines, and certifies to the congres-
sional defense committees, that insertion of the new technology
is required to meet an emerging threat and the Secretary
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of Defense certifies to those committees that such threat poses
grave harm to national security.
(d) WRITTEN NOTICE OF CHANGE IN AMOUNT.—
(1) REQUIREMENT.—The Secretary of the Navy shall submit
to the congressional defense committees each year, at the same
time that the budget is submitted under section 1105(a) of
title 31, United States Code, for the next fiscal year, written
notice of any change in the amount set forth in subsection
(a) during the preceding fiscal year that the Secretary has
determined to be associated with a cost referred to in subsection
(b).
(2) EFFECTIVE DATE.—The requirement in paragraph (1)
shall become effective with the budget request for the year
of procurement of the vessel referred to in subsection (a), such
year being the fiscal year in which the Secretary of the Navy
intends to award a contract for detail design and construction.
(e) NEXT-GENERATION DESTROYER PROGRAM.—In this section,
the term ‘‘next-generation destroyer program’’ means the program
to acquire and deploy a new class of destroyers as the follow-
on to the Arleigh Burke class of destroyers.
SEC. 124. LITTORAL COMBAT SHIP (LCS) PROGRAM.
(a) LIMITATION OF COSTS.—Except as provided in subsection
(b), the total amount obligated or expended for procurement of
the fifth and sixth vessels in the Littoral Combat Ship (LCS)
class of vessels, excluding amounts for elements designated by
the Secretary of the Navy as a mission package, may not exceed
$220,000,000 per vessel.
(b) ADJUSTMENT
OF LIMITATION AMOUNT.—The Secretary of
the Navy may adjust the amount set forth in subsection (a) for
either vessel referred to in that subsection by the following:
(1) The amounts of increases or decreases in costs attrib-
utable to economic inflation after September 30, 2005.
(2) The amounts of increases or decreases in costs attrib-
utable to compliance with changes in Federal, State, or local
laws enacted after September 30, 2005.
(3) The amounts of outfitting costs and post-delivery costs
incurred for that vessel.
(4) The amounts of increases or decreases in costs of that
vessel that are attributable to insertion of new technology into
that vessel, as compared to the technology built into the first
and second vessels, respectively, of the Littoral Combat Ship
(LCS) class of vessels.
(c) LIMITATION
ON
TECHNOLOGY
INSERTION
COST
ADJUST-
MENT.—The Secretary of the Navy may use the authority under
paragraph (4) of subsection (b) to adjust the amount set forth
in subsection (a) for any vessel referred to in that subsection with
respect to insertion of new technology into that vessel only if—
(1) the Secretary determines, and certifies to the congres-
sional defense committees, that insertion of the new technology
would lower the life-cycle cost of the vessel; or
(2) the Secretary determines, and certifies to the congres-
sional defense committees, that insertion of the new technology
is required to meet an emerging threat and the Secretary
of Defense certifies to those committees that such threat poses
grave harm to national security.
(d) ANNUAL REPORT ON COST GROWTH.—
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(1) REQUIREMENT.—The Secretary of the Navy shall submit
to the congressional defense committees each year, at the same
time that the budget is submitted under section 1105(a) of
title 31, United States Code, for the next fiscal year, written
notice of any change in the amount set forth in subsection
(a) during the preceding fiscal year that the Secretary has
determined to be associated with a cost referred to in subsection
(b).
(2) EFFECTIVE DATE.—The requirement in paragraph (1)
shall become effective with the budget request for the year
of procurement of the fifth and sixth vessels in the Littoral
Combat Ship (LCS) class of vessels, such year being the fiscal
year in which the Secretary of the Navy intends to award
a contract for detail design and construction of those vessels.
(e) ANNUAL REPORT
ON MISSION PACKAGES.—The Secretary
of the Navy shall submit to the congressional defense committees
each year, at the same time as the President’s budget for the
next fiscal year is submitted under section 1105(a) of title 31,
United States Code, a report that provides current information
regarding the content of any element of the Littoral Combat Ship
(LCS) class of vessels that is designated as a ‘‘mission package’’,
the estimated cost of any such element, and the total number
of such elements anticipated.
(f) LIMITATION ON SHIPS AND MISSION MODULES.—No funds
available to the Navy may be used for the procurement of Littoral
Combat Ships, or elements for such Littoral Combat Ships referred
to in subsection (e), after procurement of the first four vessels
in the Littoral Combat Ship (LCS) class until the Secretary of
the Navy submits to the congressional defense committees the
Secretary’s certification in writing that there exist stable designs
for the Littoral Combat Ship class of vessels.
(g) STABLE DESIGN.—For purposes of this section, the designs
of a class of vessels shall be considered to be stable when no
substantial change to those designs is anticipated.
SEC. 125. PROHIBITION ON ACQUISITION OF NEXT-GENERATION
DESTROYER THROUGH A SINGLE SHIPYARD.
(a) PROHIBITION.—The Secretary of the Navy may not acquire
vessels under the next-generation destroyer program through a
winner-take-all acquisition strategy.
(b) PROHIBITION ON USE OF FUNDS.—The Secretary of the Navy
may not obligate or expend any funds to prepare for, conduct,
or implement a strategy for the acquisition of vessels under the
next-generation destroyer program through a winner-take-all
acquisition strategy.
(c) WINNER-TAKE-ALL ACQUISITION STRATEGY DEFINED.—In this
section, the term ‘‘winner-take-all acquisition strategy’’, with respect
to the acquisition of vessels under the next-generation destroyer
program, means the acquisition (including design and construction)
of such vessels through a single shipyard.
(d) NEXT-GENERATION DESTROYER PROGRAM.—In this section,
the term ‘‘next-generation destroyer program’’ means the program
to acquire and deploy a new class of destroyers as the follow-
on to the Arleigh Burke class of destroyers.
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SEC. 126. AIRCRAFT CARRIER FORCE STRUCTURE.
(a) REQUIREMENT
FOR 12 OPERATIONAL AIRCRAFT CARRIERS
WITHIN THE NAVY.—Section 5062 of title 10, United States Code,
is amended—
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new sub-
section (b):
‘‘(b) The naval combat forces of the Navy shall include not
less than 12 operational aircraft carriers. For purposes of this
subsection, an operational aircraft carrier includes an aircraft car-
rier that is temporarily unavailable for worldwide deployment due
to routine or scheduled maintenance or repair.’’.
(b) FUNDING FOR REPAIR AND MAINTENANCE OF U.S.S. JOHN
F. KENNEDY.—Of the amounts available for operation and mainte-
nance for the Navy pursuant to this Act and any other Act for
fiscal year 2006, not more than $288,000,000 shall be available
for repair and maintenance to extend the life of the U.S.S. John
F. Kennedy (CVN–67).
SEC. 127. REFUELING AND COMPLEX OVERHAUL OF THE U.S.S. CARL
VINSON.
(a) AMOUNT AUTHORIZED FROM FY06 SCN ACCOUNT.—Of the
amount authorized to be appropriated by section 102(a)(3) for fiscal
year 2006 for shipbuilding and conversion, Navy, $1,493,563,000
is available for work on the nuclear refueling and complex overhaul
of the U.S.S. Carl Vinson (CVN–70) under the contract authorized
by Public Law 109–104.
(b) CONTRACT AUTHORITY.—The amount specified in subsection
(a) includes the amount of $89,000,000 made available by Public
Law 109–104 for fiscal year 2006 for a period of such fiscal year
preceding the enactment of this Act.
SEC. 128. CVN–78 AIRCRAFT CARRIER.
(a) AUTHORITY TO USE MULTIPLE YEARS OF FUNDING.—The
Secretary of the Navy is authorized to enter into a contract for
detail design and construction of the aircraft carrier designated
CVN–78 that provides that, subject to subsection (b), funds for
payments under the contract may be provided from amounts appro-
priated for Shipbuilding and Conversion, Navy, for fiscal years
2007, 2008, and 2009.
(b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A con-
tract described in subsection (a) shall provide that any obligation
of the United States to make a payment under the contract for
a fiscal year after fiscal year 2006 is subject to the availability
of appropriations for that purpose for that fiscal year.
SEC. 129. LHA REPLACEMENT (LHA(R)) SHIP.
(a) AMOUNT AUTHORIZED FROM SCN ACCOUNT FOR FISCAL YEAR
2006.—Of the amount authorized to be appropriated by section
102(a)(3) for fiscal year 2006 for shipbuilding and conversion, Navy,
$200,447,000 shall be available for design, advance procurement,
advance construction, detail design, and construction with respect
to the LHA Replacement (LHA(R)) ship.
(b) AMOUNTS AUTHORIZED FROM SCN ACCOUNT FOR FISCAL
YEARS 2007 AND 2008.—Amounts authorized to be appropriated
for fiscal years 2007 and 2008 for shipbuilding and conversion,
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Navy, shall be available for construction with respect to the LHA
Replacement ship.
(c) CONTRACT AUTHORITY.—
(1) 
DESIGN, 
ADVANCE
PROCUREMENT, 
AND
ADVANCE
CONSTRUCTION.—The Secretary of the Navy may enter into
a contract during fiscal year 2006 for design, advance procure-
ment, and advance construction with respect to the LHA
Replacement ship.
(2) DETAIL DESIGN AND CONSTRUCTION.—The Secretary may
enter into a contract during fiscal year 2006 for the detail
design and construction of the LHA Replacement ship.
(d) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A con-
tract entered into under subsection (c) shall provide that any obliga-
tion of the United States to make a payment under the contract
for a fiscal year after fiscal year 2006 is subject to the availability
of appropriations for that purpose for such fiscal year.
(e) FUNDING AS INCREMENT OF FULL FUNDING.—The amounts
available under subsections (a) and (b) for the LHA Replacement
ship are the first increments of funding for the full funding of
the LHA Replacement (LHA(R)) ship program.
SEC. 130. REPORT ON ALTERNATIVE PROPULSION METHODS FOR SUR-
FACE COMBATANTS AND AMPHIBIOUS WARFARE SHIPS.
(a) ANALYSIS OF ALTERNATIVES.—The Secretary of the Navy
shall conduct an analysis of alternative propulsion methods for
surface combatant vessels and amphibious warfare ships of the
Navy.
(b) REPORT.—The Secretary shall submit to the congressional
defense committees a report on the analysis of alternative propul-
sion systems carried out under subsection (a). The report shall
be submitted not later than November 1, 2006.
(c) MATTERS TO BE INCLUDED.—The report under subsection
(b) shall include the following:
(1) The key assumptions used in carrying out the analysis
under subsection (a).
(2) The methodology and techniques used in conducting
the analysis.
(3) A description of current and future technology relating
to propulsion that has been incorporated in recently-designed
surface combatant vessels and amphibious warfare ships or
that is expected to be available for those types of vessels within
the next 10-to-20 years.
(4) A description of each propulsion alternative for surface
combatant vessels and amphibious warfare ships that was
considered under the study and an analysis and evaluation
of each such alternative from an operational and cost-effective-
ness standpoint.
(5) A comparison of the life-cycle costs of each propulsion
alternative.
(6) For each nuclear propulsion alternative, an analysis
of when that nuclear propulsion alternative becomes cost effec-
tive as the price of a barrel of crude oil increases for each
type of surface combatant vessel and each type of amphibious
warfare ship.
(7) The conclusions and recommendations of the study,
including those conclusions and recommendations that could
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impact the design of future ships or lead to modifications of
existing ships.
(8) The Secretary’s intended actions, if any, for implementa-
tion of the conclusions and recommendations of the study.
(d) LIFE-CYCLE COSTS.—For purposes of this section, the term
‘‘life-cycle costs’’ includes those elements of cost that would be
considered for a life-cycle cost analysis for a major defense acquisi-
tion program.
Subtitle D—Air Force Programs
SEC. 131. C–17 AIRCRAFT PROGRAM AND ASSESSMENT OF INTERTHE-
ATER AIRLIFT REQUIREMENTS.
(a) MULTIYEAR PROCUREMENT AUTHORIZED.—Subject to sub-
section (b), the Secretary of the Air Force may, in accordance
with section 2306b of title 10, United States Code, enter into a
multiyear contract, beginning with the fiscal year 2006 program
year, for the procurement of up to 42 additional C–17 aircraft.
(b) CERTIFICATION REQUIRED.—The Secretary of the Air Force
may not exercise the authority in subsection (a) until the Secretary
of Defense submits to the congressional defense committees a certifi-
cation that the additional airlift capacity to be provided by the
C–17 aircraft to be procured under that authority is consistent
with the assessment of the intertheater airlift capabilities required
to support the national defense strategy carried out pursuant to
subsection (c) and submitted to the congressional committees pursu-
ant to subsection (d).
(c) ASSESSMENT OF INTERTHEATER AIRLIFT REQUIREMENTS.—
(1) REQUIREMENT.—The Secretary of Defense shall carry
out an assessment of the intertheater airlift capabilities
required to support the national defense strategy. The assess-
ment shall include development of recommendations for future
airlift force structure requirements, together with an expla-
nation for each such recommendation. The Secretary shall
submit the assessment pursuant to subsection (d).
(2) ADDITIONAL INFORMATION.—In the report on the results
of the assessment required by paragraph (1), the Secretary
shall explain how the recommendations for future airlift force
structure requirements in that report take into account the
following:
(A) The increased airlift demands associated with the
Army modular brigade combat teams.
(B) The objective to be able to deliver—
(i) a brigade combat team anywhere in the world
within four to seven days;
(ii) a division anywhere in the world within 10
days; and
(iii) multiple divisions anywhere in the world
within 20 days.
(C) The increased airlift demands associated with the
expanded scope of operational activities of the Special Oper-
ations forces.
(D) The realignment of the overseas basing structure
in accordance with the Integrated Presence and Basing
Strategy announced by the Secretary of Defense on March
20, 2003.
Reports.
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(E) Adjustments in the force structure to meet home-
land defense requirements.
(F) The potential for simultaneous homeland defense
activities and major combat operations.
(G) Potential changes in requirements for intratheater
airlift or sealift capabilities.
(H) The capability of the Civil Reserve Air Fleet to
provide adequate augmentation in meeting global mobility
requirements.
(d) SUBMISSION
OF ASSESSMENT
OF INTERTHEATER AIRLIFT
REQUIREMENTS.—
(1) INCLUSION IN QUADRENNIAL DEFENSE REVIEW.—Subject
to paragraph (2), the assessment of the intertheater airlift
capabilities required to support the national defense strategy
required by subsection (c)(1) shall be carried out as part of
the quadrennial defense review under section 118 of title 10,
United States Code, in 2005 and in accordance with the provi-
sions of subsection (d)(9) of that section, and the report under
subsection (c)(1) on that assessment shall be included in the
report on that quadrennial defense review submitted to the
Committees on Armed Services of the Senate and House of
Representatives with the budget of the President for fiscal
year 2007 (as submitted under section 1105(a) of title 31, United
States Code).
(2) ALTERNATIVE SUBMISSION.—If the Secretary of Defense
determines that, because of the date required by law for the
submission of the report on the quadrennial defense review
referred to in paragraph (1), the assessment of the intertheater
airlift capabilities required to support the national defense
strategy required by subsection (c)(1) cannot be carried out
as part of the quadrennial defense review referred to in para-
graph (1), the Secretary may submit the report of such assess-
ment not later than 45 days after the date of the submission
of that review pursuant to section 118(d) of title 10, United
States Code. In that case, the Secretary shall submit the report
of such assessment to the congressional defense committees.
(e) MAINTENANCE
OF C–17 AIRCRAFT PRODUCTION LINE.—If
the Secretary of Defense is unable to make the certification specified
in subsection (b), the Secretary of the Air Force should procure
sufficient C–17 aircraft to maintain the C–17 aircraft production
line at not less than the minimum sustaining rate until sufficient
flight test data regarding improved C–5 aircraft mission capability
rates as a result of the Reliability Enhancement and Re-engining
Program and Avionics Modernization Program have been obtained
to determine the validity of assumptions concerning the C–5 aircraft
used in the Mobility Capabilities Study.
SEC. 132. PROHIBITION ON RETIREMENT OF KC–135E AIRCRAFT.
The Secretary of the Air Force may not retire any KC–135E
aircraft of the Air Force in fiscal year 2006.
SEC. 133. PROHIBITION ON RETIREMENT OF F–117 AIRCRAFT DURING
FISCAL YEAR 2006.
The Secretary of the Air Force may not retire any F–117
Nighthawk attack aircraft during fiscal year 2006.
Reports.
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SEC. 134. PROHIBITION ON RETIREMENT OF C–130E/H TACTICAL AIR-
LIFT AIRCRAFT DURING FISCAL YEAR 2006.
The Secretary of the Air Force may not retire any C–130E/
H tactical airlift aircraft during fiscal year 2006.
SEC. 135. PROCUREMENT OF C–130J/KC–130J AIRCRAFT AFTER FISCAL
YEAR 2005.
Any C–130J/KC–130J aircraft procured after fiscal year 2005
(including C–130J/KC–130J aircraft procured through a multiyear
contract continuing in force from a fiscal year before fiscal year
2006) shall be procured through a contract under part 15 of the
Federal Acquisition Regulation (FAR), relating to acquisition of
items by negotiated contract (48 CFR 15.000 et seq.), rather than
through a contract under part 12 of the Federal Acquisition Regula-
tion, relating to acquisition of commercial items (48 CFR 12.000
et seq.).
SEC. 136. REPORT ON AIR FORCE AIRCRAFT AEROMEDICAL EVACU-
ATION PROGRAMS.
(a) REPORT REQUIRED.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of the Air Force shall
submit to the congressional defense committees a report on aircraft
aeromedical evacuation programs of the Air Force. The report shall
contain a comprehensive evaluation and overall assessment of (1)
the current aeromedical evacuation program, carried out through
the use of designated aircraft, compared to (2) the former
aeromedical evacuation program, carried out through the use of
dedicated aircraft.
(b) MATTERS TO BE INCLUDED.—The report shall include the
following:
(1) A description of challenges and capability gaps of the
current aircraft aeromedical evacuation program compared to
the challenges and capability gaps of the former program.
(2) A description of possible means by which to best miti-
gate or resolve the challenges and capability gaps described
under paragraph (1) with respect to the current program.
(3) Specification of medical equipment or upgrades needed
to enhance the current program.
(4) Specification of aircraft equipment or upgrades needed
to enhance the current program.
(5) A description of the advantages and disadvantages of
the current program compared to the advantages and disadvan-
tages of the former program.
(6) A cost comparison analysis of the current program
and the former program.
(7) A description of the manner in which customer feedback
is obtained and applied to the current program.
Subtitle E—Joint and Multiservice Matters
SEC. 
141. 
REQUIREMENT 
THAT 
TACTICAL 
UNMANNED 
AERIAL
VEHICLES USE SPECIFIED STANDARD DATA LINK.
(a) REQUIREMENT.—The Secretary of Defense shall take such
steps as necessary to ensure that (except as specified in subsection
(c)) all tactical unmanned aerial vehicles (UAVs) of the Army,
Navy, Marine Corps, and Air Force are equipped and configured
so that—
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(1) the data link used by those vehicles is the Department
of Defense standard tactical unmanned aerial vehicle data link
known as the Tactical Common Data Link (TCDL), until such
time as the Tactical Common Data Link standard is replaced
by an updated standard for use by those vehicles; and
(2) those vehicles use data formats consistent with the
architectural standard for tactical unmanned aerial vehicles
known as STANAG 4586, developed to facilitate multinational
interoperability among NATO member nations.
(b) FUNDING LIMITATION.—After December 1, 2006, no funds
available to the Department of Defense may be used to enter
into a contract for procurement of a new tactical unmanned aerial
vehicle system with data links other than as required by subsection
(a)(1).
(c) WAIVER AUTHORITY.—The Under Secretary of Defense for
Acquisition, Technology, and Logistics may waive the applicability
of subsection (a) to any tactical unmanned aerial vehicle if the
Under Secretary determines, and certifies to the congressional
defense committees, that it would be technologically infeasible or
uneconomically acceptable to integrate a tactical data link specified
in that subsection into that tactical unmanned aerial vehicle.
(d) REPORT.—Not later than February 1, 2006, the Secretary
of each military department shall submit to Congress a report
on the status of implementation of standard data links for
unmanned aerial vehicles under the jurisdiction of the Secretary
in accordance with subsection (a).
SEC. 142. LIMITATION ON INITIATION OF NEW UNMANNED AERIAL
VEHICLE SYSTEMS.
(a) LIMITATION.—Funds available to the Department of Defense
may not be used to procure an unmanned aerial vehicle (UAV)
system, including any air vehicle, data link, ground station, sensor,
or other associated equipment for any such system, or to modify
any such system to include any form of armament, unless such
procurement or modification is authorized in writing in advance
by the Under Secretary of Defense for Acquisition, Technology,
and Logistics.
(b) EXCEPTION FOR EXISTING SYSTEMS.—The limitation in sub-
section (a) does not apply with respect to an unmanned aerial
vehicle (UAV) system for which funds are under contract as of
the date of the enactment of this Act or for which funds have
been appropriated for procurement before the date of the enactment
of this Act.
SEC. 143. ADVANCED SEAL DELIVERY SYSTEM.
(a) LIMITATION.—Of the amounts authorized to be appropriated
for fiscal year 2006 for operation and maintenance, Defense-wide,
that are available for the United States Special Operations Com-
mand, $10,100,000 may not be obligated or expended until the
Secretary of Defense submits to the congressional defense commit-
tees each of the following:
(1) The Secretary’s certification that the Secretary has
revalidated the requirement for the Advanced SEAL Delivery
System.
(2) A report on the Advanced SEAL Delivery System pro-
gram that, at a minimum, includes—
(A) the conclusions of the quadrennial defense review
concerning the program;
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(B) the number of boats required for the program and
the manner of their expected employment;
(C) an updated cost estimate for the program; and
(D) a timeline for addressing the technological chal-
lenges faced by the program by March 1, 2006.
(b) REPORT ON ONGOING CRITICAL SYSTEMS REVIEW.—Not later
than January 1, 2007, the Secretary shall submit to the congres-
sional defense committees a report providing the conclusions of
the ongoing critical systems review with respect to the Advanced
SEAL Delivery System program.
TITLE II—RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION
SUBTITLE A—AUTHORIZATION OF APPROPRIATIONS
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
SUBTITLE B—PROGRAM REQUIREMENTS, RESTRICTIONS, AND LIMITATIONS
Sec. 211. Annual Comptroller General report on Future Combat Systems program.
Sec. 212. Contract for the procurement of the Future Combat Systems (FCS).
Sec. 213. Limitations on systems development and demonstration of manned
ground vehicles under Armored Systems Modernization program.
Sec. 214. Separate program elements required for significant systems development
and demonstration projects for Armored Systems Modernization pro-
gram.
Sec. 215. Initiation of program to design and develop next-generation nuclear at-
tack submarine.
Sec. 216. Extension of requirements relating to management responsibility for
naval mine countermeasures programs.
Sec. 217. Single set of requirements for Army and Marine Corps heavy lift rotor-
craft program.
Sec. 218. Requirements for development of tactical radio communications systems.
Sec. 219. Limitation on systems development and demonstration of Personnel Re-
covery Vehicle.
Sec. 220. Limitation on VXX helicopter program.
Sec. 221. Report on testing of Internet Protocol version 6.
SUBTITLE C—MISSILE DEFENSE PROGRAMS
Sec. 231. Report on capabilities and costs for operational boost/ascent-phase missile
defense systems.
Sec. 232. One-year extension of Comptroller General assessments of ballistic mis-
sile defense programs.
Sec. 233. Fielding of ballistic missile defense capabilities.
Sec. 234. Plans for test and evaluation of operational capability of the ballistic mis-
sile defense system.
SUBTITLE D—HIGH-PERFORMANCE DEFENSE MANUFACTURING TECHNOLOGY
RESEARCH AND DEVELOPMENT
Sec. 241. Pilot program for identification and transition of advanced manufacturing
processes and technologies.
Sec. 242. Transition of transformational manufacturing processes and technologies
to defense manufacturing base.
Sec. 243. Manufacturing technology strategies.
Sec. 244. Report.
Sec. 245. Definitions.
SUBTITLE E—OTHER MATTERS
Sec. 251. Comptroller General report on program element structure for research,
development, test, and evaluation projects.
Sec. 252. Research and development efforts for purposes of small business research.
Sec. 253. Revised requirements relating to submission of Joint Warfighting Science
and Technology Plan.
Sec. 254. Report on efficiency of naval shipbuilding industry.
Sec. 255. Technology transition.
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Sec. 256. Prevention, mitigation, and treatment of blast injuries.
Sec. 257. Modification of requirements for annual report on DARPA program to
award cash prizes for advanced technology achievements.
Sec. 258. Designation of facilities and resources constituting the Major Range and
Test Facility Base.
Sec. 259. Report on cooperation between Department of Defense and National Aero-
nautics and Space Administration on research, development, test, and
evaluation activities.
Sec. 260. Delayed effective date for limitation on procurement of systems not GPS-
equipped.
Sec. 261. Report on development and use of robotics and unmanned ground vehicle
systems.
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2006 for the use of the Department of Defense for research, develop-
ment, test, and evaluation as follows:
(1) For the Army, $10,036,004,000.
(2) For the Navy, $18,581,441,000.
(3) For the Air Force, $22,305,012,000.
(4) For Defense-wide activities, $19,277,402,000, of which
$168,458,000 is authorized for the Director of Operational Test
and Evaluation.
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.
(a) FISCAL YEAR 2006.—Of the amounts authorized to be appro-
priated by section 201, $11,363,021,000 shall be available for the
Defense Science and Technology Program, including basic research,
applied research, and advanced technology development projects.
(b) BASIC RESEARCH, APPLIED RESEARCH, AND ADVANCED TECH-
NOLOGY DEVELOPMENT DEFINED.—For purposes of this section, the
term ‘‘basic research, applied research, and advanced technology
development’’ means work funded in program elements for defense
research and development under Department of Defense budget
activities 1, 2, and 3.
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. ANNUAL COMPTROLLER GENERAL REPORT ON FUTURE COM-
BAT SYSTEMS PROGRAM.
(a) ANNUAL GAO REVIEW.—The Comptroller General shall con-
duct an annual review of the Future Combat Systems program
and shall, not later than March 15 of each year, submit to Congress
a report on the results of the most recent review. With each such
report, the Comptroller General shall submit a certification as
to whether the Comptroller General has had access to sufficient
information to enable the Comptroller General to make informed
judgments on the matters covered by the report.
(b) MATTERS TO BE INCLUDED.—Each report on the Future
Combat Systems program under subsection (a) shall include the
following with respect to research and development under the pro-
gram:
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(1) The extent to which systems development and dem-
onstration under the program is meeting established goals,
including the goals established for performance, key perform-
ance parameters, technology readiness levels, cost, and
schedule.
(2) The budget for the current fiscal year, and the projected
budget for the next fiscal year, for all Department of Defense
programs directly supporting the Future Combat Systems pro-
gram and an evaluation of the contribution each such program
makes to meeting the goals established for performance, key
performance parameters, and technology readiness levels of
the Future Combat Systems program.
(3) The plan for such systems development and demonstra-
tion (leading to production) for the fiscal year that begins
in the year in which the report is submitted.
(4) The Comptroller General’s conclusion regarding whether
such systems development and demonstration (leading to
production) is likely to be completed at a total cost not in
excess of the amount specified (or to be specified) for such
purpose in the Selected Acquisition Report for the Future Com-
bat Systems program under section 2432 of title 10, United
States Code, for the first quarter of the fiscal year during
which the report of the Comptroller General is submitted.
(c) TERMINATION.—No report is required under this section
after systems development and demonstration under the Future
Combat Systems program is completed.
SEC. 212. CONTRACT FOR THE PROCUREMENT OF THE FUTURE COM-
BAT SYSTEMS (FCS).
The Secretary of the Army shall procure the Future Combat
Systems (FCS) through a contract under part 15 of the Federal
Acquisition Regulation (FAR), relating to acquisition of items by
negotiated contract (48 CFR 15.000 et seq.), rather than through
a transaction under section 2371 of title 10, United States Code.
SEC. 213. LIMITATIONS ON SYSTEMS DEVELOPMENT AND DEMONSTRA-
TION OF MANNED GROUND VEHICLES UNDER ARMORED
SYSTEMS MODERNIZATION PROGRAM.
(a) LIMITATIONS.—Of the amounts appropriated or otherwise
made available pursuant to the authorization of appropriations
in section 201 for the Armored Systems Modernization program,
not more than 70 percent may be obligated for systems development
and demonstration of manned ground vehicle variants under that
program until each of the following occurs:
(1) The Secretary of Defense certifies to the congressional
defense committees that the threshold requirements for manned
ground vehicle variants with respect to lethality and surviv-
ability have been met and demonstrated, in accordance with
applicable regulations, in a relevant environment to be at least
equal to the lethality and survivability of the manned ground
vehicles to be replaced by those variants.
(2) The Secretary of Defense submits to the congressional
defense committees the results of an independent analysis car-
ried out with respect to the transportability requirement for
the manned ground vehicle variants under the Future Combat
Systems program for the purpose of determining whether—
(A) the requirement can be supported by the future-
years defense plan and the projected extended planning
Reports.
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period inter-theater and intra-theater airlift force structure
budget;
(B) the requirement is justified by any likely deploy-
ment scenario envisioned by current operational plans; and
(C) the projected unit procurement cost warrants the
investment required to deploy those variants.
(3) The Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics submits to the congressional defense
committees the results of an independent cost estimate, pre-
pared by the cost analysis improvement group of the Office
of the Secretary of Defense, with respect to the Future Combat
Systems program.
(4) The Secretary of the Army submits to the congressional
defense committees a report containing—
(A) the organizational design, quantities, and fielding
plan for each of the current force Brigade Combat Teams
and the Future Combat Systems Brigade Combat Teams;
and
(B) the Future Combat Systems Manned Ground
Vehicle research, development, test, and evaluation and
procurement plan and budgets through the future-years
defense plan, including unit procurement cost for each
Future Combat Systems Manned Ground Vehicle variant
in constant and current-year dollars.
(5) The Secretary of Defense submits to the congressional
defense committees a report describing and evaluating the
requirements and budgets for the technology insertion program
for integrating Future Combat Systems capabilities into current
force programs through the future-years defense plan for the
purpose of determining—
(A) the balance in programs and resources between
the Future Combat Systems Brigade Combat Teams and
the current force Brigade Combat Teams;
(B) the feasibility of accelerating technology insertion
into the current force Brigade Combat Teams;
(C) the level of research, development, test, and evalua-
tion and procurement funding to support planned tech-
nology insertions into the current force Brigade Combat
Teams through the future-years defense plan; and
(D) the capabilities of a current force Brigade Combat
Team equipped with planned technology insertions in 2010,
in comparison to a Future Combat Systems Manned
Ground Vehicle Brigade Combat Team in 2014.
(b) EXCEPTION FOR NON-LINE-OF-SIGHT CANNON SYSTEM.—This
section does not apply with respect to the obligation of funds for
systems development and demonstration of the non-line-of-sight
cannon system.
SEC. 214. SEPARATE PROGRAM ELEMENTS REQUIRED FOR SIGNIFI-
CANT SYSTEMS DEVELOPMENT AND DEMONSTRATION
PROJECTS FOR ARMORED SYSTEMS MODERNIZATION
PROGRAM.
(a) PROGRAM ELEMENTS SPECIFIED.—Effective for the budget
of the President submitted to Congress under section 1105(a) of
title 31, United States Code, for fiscal year 2008 and each fiscal
year thereafter, the Secretary of Defense shall ensure that a sepa-
rate, dedicated program element is assigned to each of the following
10 USC 221 note.
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systems development and demonstration projects of the Armored
Systems Modernization program:
(1) Manned Ground Vehicles.
(2) Systems of Systems Engineering and Program Manage-
ment.
(3) Future Combat Systems Reconnaissance Platforms and
Sensors.
(4) Future Combat Systems Unmanned Ground Vehicles.
(5) Unattended Sensors.
(6) Sustainment.
(b) EARLY COMMENCEMENT OF DISPLAY IN BUDGET JUSTIFICA-
TION MATERIALS.—As part of the budget justification materials sub-
mitted to Congress in support of the Department of Defense budget
for fiscal year 2007, as submitted with the budget of the President
under such section 1105(a), the Secretary of the Army shall set
forth the budget justification material for the systems development
and demonstration projects of the Armored Systems Modernization
program identified in subsection (a) as if the projects were already
separate program elements.
(c) TECHNOLOGY INSERTION TO CURRENT FORCE.—
(1) REPORT ON ESTABLISHMENT OF ADDITIONAL PROGRAM
ELEMENT.—Not later than June 1, 2006, the Secretary of the
Army shall submit a report to the congressional defense
committees describing the manner in which the costs of inte-
grating Future Combat Systems capabilities into current force
programs could be assigned to a separate, dedicated program
element and any management issues that would be raised
as a result of establishing such a program element.
(2) DISPLAY IN BUDGET JUSTIFICATION MATERIALS.—As part
of the budget justification materials submitted to Congress
in support of the Department of Defense budget for fiscal year
2007 and each fiscal year thereafter, as submitted with the
budget of the President under such section 1105(a), the Sec-
retary of the Army shall set forth the budget justification
material for technology insertion to the current force under
the Armored Systems Modernization program.
SEC. 215. INITIATION OF PROGRAM TO DESIGN AND DEVELOP NEXT-
GENERATION NUCLEAR ATTACK SUBMARINE.
(a) PROGRAM REQUIRED.—The Secretary of the Navy shall ini-
tiate a program to design and develop the next-generation of nuclear
attack submarines.
(b) OBJECTIVE.—The objective of the program required by sub-
section (a) is to develop a nuclear attack submarine that meets
or exceeds the warfighting capability of a submarine of the current
Virginia class at a cost dramatically lower than the cost of a
submarine of the Virginia class. The Secretary may meet such
objective by modifying the Virginia class of nuclear submarines
to incorporate new technology.
(c) REPORT.—
(1) IN GENERAL.—The Secretary of the Navy shall include,
with the defense budget justification materials submitted in
support of the President’s budget for fiscal year 2007 submitted
to Congress under section 1105 of title 31, United States Code,
a report on the program required by subsection (a).
(2) CONTENTS.—The report shall include—
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(A) an outline of the management approach to be used
in carrying out the program;
(B) the goals for the program; and
(C) a schedule for the program.
SEC. 216. EXTENSION OF REQUIREMENTS RELATING TO MANAGEMENT
RESPONSIBILITY FOR NAVAL MINE COUNTERMEASURES
PROGRAMS.
(a) IN
GENERAL.—Section 216 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public Law
102–190; 105 Stat. 1317), as most recently amended by section
212 of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2480), is
amended—
(1) in subsection (a), by striking ‘‘2008’’ and inserting
‘‘2011’’;
(2) in subsection (b)(1), by inserting after ‘‘Secretary of
Defense’’ the following: ‘‘, and the Secretary of Defense has
forwarded to the congressional defense committees,’’;
(3) in subsection (b)(2), by inserting before the semicolon
at the end the following: ‘‘and, by so certifying, ensures that
the budget meets the requirements of section 2437 of title
10, United States Code’’; and
(4) by striking subsection (c) and inserting the following
new subsection (c):
‘‘(c) NOTIFICATION OF CERTAIN PROPOSED CHANGES.—
‘‘(1) IN GENERAL.—With respect to a fiscal year, the Sec-
retary may not carry out any change to the naval mine counter-
measures master plan or the budget resources for mine counter-
measures with respect to that fiscal year until after the Under
Secretary of Defense for Acquisition, Technology, and Logistics
submits to the congressional defense committees a notification
of the proposed change. Such notification shall describe the
nature of the proposed change and the effect of the proposed
change on the naval mine countermeasures program or related
programs with respect to that fiscal year.
‘‘(2) EXCEPTION.—Paragraph (1) does not apply to a change
if both—
‘‘(A) the amount of the change is below the applicable
reprogramming threshold; and
‘‘(B) the effect of the change does not affect the validity
of the decision to certify.’’.
(b) NOTICE
AND CERTIFICATION BEFORE DECOMMISSIONG
OF
MHC–51 VESSELS.—The Secretary of the Navy may not decommis-
sion any vessel of the MHC–51 mine countermeasures class before
the end of the service life of that vessel until—
(1) the Secretary submits to the Committee on Armed
Services of the Senate and the Committee on Armed Services
of the House of Representatives a report on existing capabilities
to assume the MHC–51 mission, together with the Secretary’s
certification that the capabilities of the vessels of the MHC–
51 mine countermeasures class are no longer required; and
(2) a period of 30 days has elapsed after the date of receipt
of that report and certification by those committees.
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SEC. 217. SINGLE SET OF REQUIREMENTS FOR ARMY AND MARINE
CORPS HEAVY LIFT ROTORCRAFT PROGRAM.
(a) JOINT REQUIREMENT.—The Secretary of the Army and the
Secretary of the Navy shall develop a single set of requirements
for the Joint Heavy Lift program for the Army and the Marine
Corps.
(b) APPROVAL BY JROC REQUIRED.—The Secretary of Defense
may not authorize entry into Systems Development and Demonstra-
tion for the next-generation heavy lift rotorcraft until the single
joint requirement required by subsection (a) has been approved
by the Joint Requirements Oversight Council.
(c) EXCEPTION.—This section does not apply to the CH–53X
Heavy Lift Replacement Program.
SEC. 218. REQUIREMENTS FOR DEVELOPMENT OF TACTICAL RADIO
COMMUNICATIONS SYSTEMS.
(a) INTERIM TACTICAL RADIO COMMUNICATIONS.—The Secretary
of Defense shall—
(1) assess the immediate requirements of the military
departments for tactical radio communications systems;
(2) ensure that the military departments rapidly acquire
tactical radio communications systems utilizing existing tech-
nology or mature systems readily available in the commercial
marketplace; and
(3) develop a plan and roadmap for the development,
procurement, deployment, and sustainment of interim and
future tactical radio communications systems.
(b) JOINT TACTICAL RADIO SYSTEM.—The Secretary of Defense
shall apply Department of Defense Instruction 5000.2 to the Joint
Tactical Radio System in a manner that does not permit the Mile-
stone B entrance requirements to be waived unless the Secretary
certifies that the Department is unable to meet critical national
security objectives.
(c) CERTIFICATION OF BUDGETS.—
(1) BUDGETING THROUGH JOINT PROGRAM OFFICE.—The Sec-
retary of Defense shall require that the Secretary of each mili-
tary department, and the head of each Defense Agency with
programs developing components of or research related to the
Joint Tactical Radio System transmit such proposed budgets
for these activities, including all waveform development activi-
ties, for a fiscal year to the head of the single joint program
office designated under section 213 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108–136;
117 Stat. 1416) for review and certification under paragraph
(2) before submitting such proposed budget to the Under Sec-
retary of Defense (Comptroller).
(2) ACTIONS OF HEAD OF JOINT PROGRAM OFFICE.—The head
of the single joint program office designated under section
213 of the National Defense Authorization Act for Fiscal Year
2004 (Public Law 108–136; 117 Stat. 1416) shall review each
proposed budget transmitted under paragraph (1) and shall,
not later than January 31 of the year preceding the fiscal
year for which such budgets are proposed, submit to the Sec-
retary of Defense a report containing comments with respect
to all such proposed budgets, together with the certification
as to whether such proposed budgets are adequate and whether
Reports.
Deadline.
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such proposed budgets provide balanced support for the plan
required under subsection (a)(3).
(3) ACTIONS OF SECRETARY OF DEFENSE.—The Secretary
of Defense shall, not later than March 31 of the year preceding
the fiscal year for which such budgets are proposed, submit
to Congress a report on those proposed budgets which the
head of the single joint program office has not certified under
paragraph (2) to be adequate, including a discussion of the
actions that the Secretary proposes to take to address the
inadequacy of the proposed budgets.
(d) REPORT ON IMPLEMENTATION REQUIRED.—Not later than
May 1, 2006, the Secretary of Defense shall submit to the Com-
mittee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report on the
implementation of this section.
SEC. 219. LIMITATION ON SYSTEMS DEVELOPMENT AND DEMONSTRA-
TION OF PERSONNEL RECOVERY VEHICLE.
Not more than 40 percent of the amounts made available pursu-
ant to the authorization of appropriations in section 201 for systems
development and demonstration of the Personnel Recovery Vehicle
may be obligated until 30 days after the date on which the Secretary
of Defense submits to the congressional defense committees each
of the following:
(1) The Secretary’s certification that the requirements for
the Personnel Recovery Vehicle have been validated by the
Joint Requirements Oversight Council and that the acquisition
schedule has been validated by the Under Secretary of Defense
for Acquisition, Technology, and Logistics.
(2) The Secretary’s certification that all technologies
required to meet the requirements (as validated under para-
graph (1)) for the Personnel Recovery Vehicle are mature and
will have been demonstrated in a relevant environment before
inclusion in production aircraft.
(3) The Secretary’s assessment of whether another aircraft,
or modification of an aircraft, in the inventory of the Depart-
ment of Defense can meet the requirements and provide a
more cost effective solution (as validated under paragraph (1))
for the Personnel Recovery Vehicle Program.
(4) In the event that the Department chooses to award
a contract for the Personnel Recovery Vehicle Program for
an aircraft not in the Department of Defense inventory, the
Secretary’s explanation of the reasons why the chosen system
would be more effective or less expensive in terms of total
life-cycle costs.
(5) A statement setting forth the independent cost estimate
and manpower estimate (as required by section 2434 of title
10, United States Code) for the Personnel Recovery Vehicle.
SEC. 220. LIMITATION ON VXX HELICOPTER PROGRAM.
(a) LIMITATION.—Of the amounts appropriated or otherwise
made available pursuant to the authorization of appropriations
in section 201 for the VXX executive helicopter program, not more
than 75 percent may be obligated for system development and
demonstration of the VXX helicopter until the Secretary of the
Navy submits to Congress an event-driven acquisition strategy for
Increment Two of the program that includes the completion of
Reports.
Deadline.
Reports.
Deadline.
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at least one phase of operational testing on production representa-
tive test vehicles before the initiation of aircraft production. That
acquisition strategy shall be developed by the Secretary working
the with the Director of Operational Test and Evaluation of the
Department of Defense.
(b) REPORT.—Not later than March 15, 2006, the Secretary
of the Navy shall submit to the congressional defense committees
a report setting forth in detail the acquisition strategy referred
to in subsection (a). The report shall, at a minimum, include the
following:
(1) A list of the critical technologies required for the produc-
tion and operation of Increment Two aircraft for the VXX
executive helicopter program.
(2) A schedule that accepts no more than moderate risk
in either cost or schedule for the demonstration and test of
each critical technology listed pursuant to paragraph (1).
(3) A description of the event-based decision points and
associated decision criteria that will occur before the initiation
of production of Increment two aircraft.
(4) A description of a proposed operational evaluation using
production representative test vehicles to occur before the initi-
ation of production of Increment Two aircraft.
(5) An evaluation of the acquisition strategy for Increment
Two aircraft detailed in the report provided by the Director
of Operational Test and Evaluation of the Department of
Defense.
SEC. 221. REPORT ON TESTING OF INTERNET PROTOCOL VERSION
6.
(a) ADDITIONAL PLAN ELEMENT.—Subsection (b) of section 331
of the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108–375; 118 Stat. 1850) is amended
by adding at the end the following new paragraph:
‘‘(5) A certification by the Chairman of the Joint Chiefs
of Staff that the conversion of Department of Defense networks
to Internet Protocol version 6 will provide equivalent or better
performance and capabilities than that which would be provided
by any other combination of available technologies or proto-
cols.’’.
(b) OFFICIAL
RESPONSIBLE
FOR
OVERSIGHT
OF
TEST
AND
EVALUATION PLAN.—Such section is further amended—
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new sub-
section (d):
‘‘(d) OFFICIAL
RESPONSIBLE
FOR
OVERSIGHT
OF
TEST
AND
EVALUATION PLAN.—The Secretary of Defense shall designate the
Director of Operational Test and Evaluation of the Department
of Defense as the official responsible within the Department of
Defense for oversight and direction of the test and evaluation plan
under this section and for approval of the master test and evaluation
plan under this section.’’.
(c) ANNUAL REPORT.—Subsection (e) of such section (as redesig-
nated by subsection (b)(1)) is amended to read as follows:
‘‘(e) REPORTS.—
‘‘(1) Not later than June 30, 2006, the Secretary of Defense
shall submit to the congressional defense committees a report
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PUBLIC LAW 109–163—JAN. 6, 2006
containing the transition plan under subsection (a), updated
to the time of the submission of the report.
‘‘(2) For each of fiscal years 2006 through 2008, the Sec-
retary of Defense shall, not later than the end of that fiscal
year, submit to the congressional defense committees a report
on the testing and evaluation carried out pursuant to subsection
(c).’’.
Subtitle C—Missile Defense Programs
SEC. 231. REPORT ON CAPABILITIES AND COSTS FOR OPERATIONAL
BOOST/ASCENT-PHASE MISSILE DEFENSE SYSTEMS.
(a) SECRETARY
OF DEFENSE ASSESSMENT.—The Secretary of
Defense shall conduct an assessment of the United States missile
defense programs that are designed to provide capability against
threat ballistic missiles in the boost/ascent phase of flight.
(b) PURPOSE.—The purpose of the assessment shall be to com-
pare and contrast—
(1) capabilities of those programs (if operational) to defeat,
while in the boost/ascent phase of flight, ballistic missiles
launched from North Korea or a location in the Middle East
against the continental United States, Alaska, or Hawaii; and
(2) asset requirements and costs for those programs to
become operational with the capabilities referred to in para-
graph (1).
(c) REPORT.—Not later than October 1, 2006, the Secretary
shall submit to Congress a report providing the results of the
assessment.
SEC. 232. ONE-YEAR EXTENSION OF COMPTROLLER GENERAL ASSESS-
MENTS OF BALLISTIC MISSILE DEFENSE PROGRAMS.
(a) EXTENSION.—Section 232(g) of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107–107; 10
U.S.C. 2431 note) is amended—
(1) in paragraph (1), by striking ‘‘through 2006’’ and
inserting ‘‘through 2007’’; and
(2) in paragraph (2), by striking ‘‘through 2007’’ and
inserting ‘‘through 2008’’.
(b) MODIFICATION OF SUBMITTAL DATE.—Paragraph (2) of such
section is further amended by striking ‘‘February 15’’ and inserting
‘‘March 15’’.
SEC. 233. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.
Upon approval by the Secretary of Defense, funds authorized
to be appropriated for fiscal years 2006 and 2007 for research,
development, test, and evaluation for the Missile Defense Agency
may be used for the development and fielding of ballistic missile
defense capabilities.
SEC. 234. PLANS FOR TEST AND EVALUATION OF OPERATIONAL CAPA-
BILITY OF THE BALLISTIC MISSILE DEFENSE SYSTEM.
(a) TEST AND EVALUATION PLANS FOR BLOCKS.—
(1) PLANS REQUIRED.—With respect to block 06 and each
subsequent block of the Ballistic Missile Defense System, the
appropriate joint and service operational test and evaluation
components of the Department of Defense concerned with the
10 USC 2431
note.
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PUBLIC LAW 109–163—JAN. 6, 2006
block shall prepare a plan, appropriate for the level of techno-
logical maturity of the block, to test, evaluate, and characterize
the operational capability of the block.
(2) CONSULTATION AND REVIEW.—The preparation of each
plan under this subsection shall be—
(A) carried out in coordination with the Missile Defense
Agency; and
(B) subject to the review and approval of the Director
of Operational Test and Evaluation.
(b) REPORTS ON TEST AND EVALUATION OF BLOCKS.—At the
conclusion of the test and evaluation of block 06 and each subse-
quent block of the Ballistic Missile Defense System, the Director
of Operational Test and Evaluation shall submit to the Secretary
of Defense and the congressional defense committees a report pro-
viding—
(1) the assessment of the Director as to whether or not
the test and evaluation was adequate to evaluate the oper-
ational capability of the block; and
(2) the characterization of the Director as to the operational
effectiveness, suitability, and survivability of the block, as
appropriate for the level of technological maturity of the block
tested.
Subtitle 
D—High-Performance 
Defense
Manufacturing Technology Research and
Development
SEC. 241. PILOT PROGRAM FOR IDENTIFICATION AND TRANSITION
OF ADVANCED MANUFACTURING PROCESSES AND TECH-
NOLOGIES.
(a) PILOT
PROGRAM
REQUIRED.—The Under Secretary of
Defense for Acquisition, Technology, and Logistics shall conduct
a pilot program under the authority of section 2521 of title 10,
United States Code, to identify and transition advanced manufac-
turing processes and technologies the utilization of which would
achieve significant productivity and efficiency gains in the defense
manufacturing base.
(b) CONSIDERATION OF DEFENSE PRIORITIES.—In carrying out
subsection (a), the Under Secretary shall take into consideration
the defense priorities established in the most current Joint
Warfighting Science and Technology plan, as required under section
270 of the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104–201; 10 U.S.C. 2501 note).
(c) IDENTIFICATION FOR TRANSITION.—In identifying manufac-
turing processes and technologies for transition to the defense
manufacturing base under the pilot program, the Under Secretary
shall select the most promising transformational technologies and
manufacturing processes, in consultation with the Director of
Defense Research and Engineering, the Joint Defense Manufac-
turing Technology Panel, and other such entities as may be appro-
priate, including the Director of the Small Business Innovation
Research Program.
10 USC 2521
note.
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119 STAT. 3176
PUBLIC LAW 109–163—JAN. 6, 2006
SEC. 242. TRANSITION OF TRANSFORMATIONAL MANUFACTURING
PROCESSES AND TECHNOLOGIES TO DEFENSE MANU-
FACTURING BASE.
(a) PROTOTYPES
AND TEST BEDS.—The Under Secretary of
Defense for Acquisition, Technology, and Logistics shall undertake
the development of prototypes and test beds to validate the manu-
facturing processes and technologies selected for transition under
the pilot program under section 241.
(b) DIFFUSION OF ENHANCEMENTS.—The Under Secretary shall
seek the cooperation of industry in adopting such manufacturing
processes and technologies through the following:
(1) The Manufacturing Extension Partnership Program.
(2) The identification of incentives for industry to incor-
porate and utilize such manufacturing processes and tech-
nologies.
SEC. 243. MANUFACTURING TECHNOLOGY STRATEGIES.
(a) IN GENERAL.—The Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics may—
(1) identify an area of technology where the development
of an industry-prepared roadmap for new manufacturing and
technology processes applicable to defense manufacturing
requirements would be beneficial to the Department of Defense;
and
(2) establish a task force, and act in cooperation, with
the private sector to map the strategy for the development
of manufacturing processes and technologies needed to support
technology development in the area identified under paragraph
(1).
(b) COMMENCEMENT OF ROADMAPPING.—The Under Secretary
shall commence any roadmapping identified pursuant to subsection
(a)(1) not later than January 2007.
SEC. 244. REPORT.
(a) IN GENERAL.—Not later than December 31, 2007, the Under
Secretary of the Defense for Acquisition, Technology, and Logistics
shall submit to the congressional defense committees a report on
the actions undertaken by the Under Secretary under this subtitle
during fiscal year 2006.
(b) ELEMENTS.—The report under subsection (a) shall include—
(1) a comprehensive description of the actions undertaken
under this subtitle during fiscal year 2006;
(2) an assessment of effectiveness of such actions in
enhancing research and development on manufacturing tech-
nologies and processes, and the implementation of such within
the defense manufacturing base; and
(3) such recommendations as the Under Secretary considers
appropriate for additional actions to be undertaken in order
to increase the effectiveness of the actions undertaken under
this subtitle in enhancing manufacturing activities within the
defense manufacturing base.
SEC. 245. DEFINITIONS.
In this subtitle:
(1) DEFENSE
MANUFACTURING
BASE.—The term ‘‘defense
manufacturing base’’ includes any supplier of the Department
of Defense, including a supplier of raw materials.
10 USC 2521
note.
10 USC 2521
note.
Deadline.
10 USC 2521
note.
10 USC 2521
note.
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119 STAT. 3177
PUBLIC LAW 109–163—JAN. 6, 2006
(2) MANUFACTURING EXTENSION PARTNERSHIP PROGRAM.—
The term ‘‘Manufacturing Extension Partnership Program’’
means the Manufacturing Extension Partnership Program of
the Department of Commerce.
(3) SMALL BUSINESS INNOVATION RESEARCH PROGRAM.—The
term ‘‘Small Business Innovation Research Program’’ has the
meaning given that term in section 2500(11) of title 10, United
States Code.
Subtitle E—Other Matters
SEC. 251. COMPTROLLER GENERAL REPORT ON PROGRAM ELEMENT
STRUCTURE FOR RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION PROJECTS.
(a) REPORT REQUIRED.—The Comptroller General shall prepare
a report containing assessments of—
(1) the current program element structure and content
used to account for projects carried out, or proposed to be
carried out, using amounts for research, development, test,
and evaluation activities; and
(2) the effectiveness of such program elements, and related
budget justification materials, in providing necessary informa-
tion for budget transparency and oversight by the congressional
defense committees.
(b) RECOMMENDATIONS.—The report required by subsection (a)
shall also include such recommendations as the Comptroller General
considers to be appropriate regarding program element size and
content, budget justification material content, and appropriate re-
programming authorities within and between program elements,
particularly in connection with highly complex research and
development programs that employ the system-of-systems concept.
(c) SUBMISSION.—The report required by subsection (a) shall
be submitted to the congressional defense committees not later
than February 1, 2007.
SEC. 252. RESEARCH AND DEVELOPMENT EFFORTS FOR PURPOSES
OF SMALL BUSINESS RESEARCH.
(a) IN GENERAL.—Section 9 of the Small Business Act (15
U.S.C. 638) is amended by adding at the end the following new
subsections:
‘‘(x) RESEARCH AND DEVELOPMENT FOCUS.—
‘‘(1) REVISION AND UPDATE OF CRITERIA AND PROCEDURES
OF IDENTIFICATION.—In carrying out subsection (g), the Sec-
retary of Defense shall, not less often than once every 4 years,
revise and update the criteria and procedures utilized to iden-
tify areas of the research and development efforts of the Depart-
ment of Defense which are suitable for the provision of funds
under the Small Business Innovation Research Program and
the Small Business Technology Transfer Program.
‘‘(2) UTILIZATION OF PLANS.—The criteria and procedures
described in paragraph (1) shall be developed through the use
of the most current versions of the following plans:
‘‘(A) The Joint Warfighting Science and Technology
Plan required under section 270 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104–
201; 10 U.S.C. 2501 note).
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119 STAT. 3178
PUBLIC LAW 109–163—JAN. 6, 2006
‘‘(B) The Defense Technology Area Plan of the Depart-
ment of Defense.
‘‘(C) The Basic Research Plan of the Department of
Defense.
‘‘(3) INPUT IN IDENTIFICATION OF AREAS OF EFFORT.—The
criteria and procedures described in paragraph (1) shall include
input in the identification of areas of research and development
efforts described in that paragraph from Department of Defense
program managers (PMs) and program executive officers
(PEOs).
‘‘(y) COMMERCIALIZATION PILOT PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary of Defense and the Sec-
retary of each military department is authorized to create and
administer a ‘Commercialization Pilot Program’ to accelerate
the transition of technologies, products, and services developed
under the Small Business Innovation Research Program to
Phase III, including the acquisition process.
‘‘(2) IDENTIFICATION OF RESEARCH PROGRAMS FOR ACCELER-
ATED TRANSITION TO ACQUISITION PROCESS.—In carrying out
the Commercialization Pilot Program, the Secretary of Defense
and the Secretary of each military department shall identify
research programs of the Small Business Innovation Research
Program that have the potential for rapid transitioning to Phase
III and into the acquisition process.
‘‘(3) LIMITATION.—No research program may be identified
under paragraph (2) unless the Secretary of the military depart-
ment concerned certifies in writing that the successful transi-
tion of the program to Phase III and into the acquisition process
is expected to meet high priority military requirements of such
military department.
‘‘(4) FUNDING.—For payment of expenses incurred to admin-
ister the Commercialization Pilot Program under this sub-
section, the Secretary of Defense and each Secretary of a mili-
tary department is authorized to use not more than an amount
equal to 1 percent of the funds available to the Department
of Defense or the military department pursuant to the Small
Business Innovation Research Program. Such funds—
‘‘(A) shall not be subject to the limitations on the
use of funds in subsection (f)(2); and
‘‘(B) shall not be used to make Phase III awards.
‘‘(5) EVALUATIVE REPORT.—At the end of each fiscal year,
the Secretary of Defense shall submit to the Committee on
Armed Services and the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Armed
Services and the Committee on Small Business of the House
of Representatives an evaluative report regarding activities
under the Commercialization Pilot Program. The report shall
include—
‘‘(A) an accounting of the funds used in the Commer-
cialization Pilot Program;
‘‘(B) a detailed description of the Commercialization
Pilot Program, including incentives and activities under-
taken by acquisition program managers, program executive
officers, and prime contractors; and
‘‘(C) a detailed compilation of results achieved by the
Commercialization Pilot Program, including the number
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of small business concerns assisted and the number of
projects commercialized.
‘‘(6) SUNSET.—The pilot program under this subsection
shall terminate at the end of fiscal year 2009.’’.
(b) IMPLEMENTATION OF EXECUTIVE ORDER NO. 13329.—Section
9 of the Small Business Act (15 U.S.C. 638), as amended by sub-
section (a), is further amended—
(1) in subsection (b)—
(A) in paragraph (6), by striking ‘‘and’’ at the end;
(B) in paragraph (7), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(8) to provide for and fully implement the tenets of Execu-
tive Order No. 13329 (Encouraging Innovation in Manufac-
turing).’’;
(2) in subsection (g)—
(A) in paragraph (9), by striking ‘‘and’’ at the end;
(B) in paragraph (10), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(11) provide for and fully implement the tenets of Execu-
tive Order No. 13329 (Encouraging Innovation in Manufac-
turing).’’; and
(3) in subsection (o)—
(A) in paragraph (14), by striking ‘‘and’’ at the end;
(B) in paragraph (15), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(16) provide for and fully implement the tenets of Execu-
tive Order No. 13329 (Encouraging Innovation in Manufac-
turing).’’.
(c) TESTING AND EVALUATION AUTHORITY.—Section 9(e) of the
Small Business Act (15 U.S.C. 638(e)) is amended—
(1) in paragraph (7), by striking ‘‘and’’ at the end;
(2) in paragraph (8), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(9) the term ‘commercial applications’ shall not be con-
strued to exclude testing and evaluation of products, services,
or technologies for use in technical or weapons systems, and
further, awards for testing and evaluation of products, services,
or technologies for use in technical or weapons systems may
be made in either the second or the third phase of the Small
Business Innovation Research Program and of the Small Busi-
ness Technology Transfer Program, as defined in this sub-
section.’’.
SEC. 253. REVISED REQUIREMENTS RELATING TO SUBMISSION OF
JOINT WARFIGHTING SCIENCE AND TECHNOLOGY PLAN.
(a) BIENNIAL SUBMITTAL.—Section 270 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104–201; 10
U.S.C. 2501 note) is amended—
(1) by striking ‘‘ANNUAL’’ in the section heading and
inserting ‘‘BIENNIAL’’; and
(2) by striking ‘‘(a) ANNUAL PLAN REQUIRED.—On March
1 of each year’’ and inserting ‘‘Not later than March 1 of
each even-numbered year’’.
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119 STAT. 3180
PUBLIC LAW 109–163—JAN. 6, 2006
(b) REPEAL OF REQUIREMENT FOR INCLUSION OF TECHNOLOGY
AREA REVIEW AND ASSESSMENT SUMMARIES WITH JWSTP.—Sub-
section (b) of such section is repealed.
(c) REQUIREMENT
FOR SEPARATE REPORTS
ON TECHNOLOGY
AREA REVIEW AND ASSESSMENT SUMMARIES.—Whenever the Sec-
retary of Defense provides for the conduct of a study referred
to as a Technology Area Review and Assessment, the Secretary
shall, not later than March 1 of the year following the year in
which that study is conducted, submit to the congressional defense
committees a report containing a summary of each such Technology
Area Review and Assessment conducted during that year.
SEC. 
254. 
REPORT 
ON 
EFFICIENCY 
OF 
NAVAL 
SHIPBUILDING
INDUSTRY.
(a) ASSESSMENT
OF
EFFICIENCY
OF
NAVAL
SHIPBUILDING
INDUSTRY.—
(1) ASSESSMENT
REQUIRED.—The Secretary of the Navy
shall conduct an assessment of the United States naval ship-
building industry to determine how worldwide shipbuilding
industry best practices for innovation, design, and production
technologies, processes, and infrastructure could be adopted
to improve efficiency in the following areas:
(A) Program design, engineering, and production
engineering.
(B) Organization and operating systems.
(C) Steelwork production.
(D) Ship construction and outfitting.
(2) CONTENTS
OF
ASSESSMENT.—The assessment under
paragraph (1) shall include the following:
(A) An identification of any best practice of the world-
wide shipbuilding industry that the United States naval
shipbuilding industry has not adopted, the adoption of
which would lower construction costs.
(B) The estimated cost of adopting any best practice
identified under subparagraph (A) and any estimated
return on an investment made by a shipyard to adopt
such a best practice.
(C) Any recommendation of the Secretary to increase
the efficiency of the United States naval shipbuilding
industry.
(3) RELATION TO INDEPENDENT NAVY SHIP CONSTRUCTION
ASSESSMENT.—The assessment under paragraph (1) shall occur
subsequent to, and take into consideration the results of, the
study of the cost effectiveness of the ship construction program
of the Navy required by section 1014 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108–375; 118 Stat. 2041).
(b) REPORT.—Not later than April 1, 2006, the Secretary of
the Navy shall submit to the congressional defense committees
a report containing the Secretary’s findings and conclusions based
on the assessment under subsection (a).
SEC. 255. TECHNOLOGY TRANSITION.
(a) CLARIFICATION
OF DUTIES
OF TECHNOLOGY TRANSITION
COUNCIL.—Paragraph (2) of section 2359a(g) of title 10, United
States Code, is amended to read as follows:
‘‘(2) The duty of the Council shall be to support the Under
Secretary of Defense for Acquisition, Technology, and Logistics in
10 USC 2501
note.
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developing policies to facilitate the rapid transition of technologies
from science and technology programs into acquisition programs
of the Department of Defense.’’.
(b) REPORT ON TECHNOLOGY TRANSITION.—
(1) REPORT
REQUIRED.—The Secretary of Defense shall
submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Rep-
resentatives a report concerning the challenges associated with
technology transition from the science and technology programs
of the Department of Defense to the acquisition programs of
the Department of Defense. The Secretary shall include in
the report a strategy to address those challenges. The Secretary
shall prepare the report working through the Technology
Transition Council of the Department of Defense established
under section 2359a(g) of title 10, United States Code
(2) MATTERS TO BE INCLUDED.—The report shall include
the following:
(A) A description of any internal organizational bar-
riers within the Department to technology transition
between the technology development, acquisition, and oper-
ations components of the Department.
(B) An assessment of the effect of Department acquisi-
tion regulations on technology transition.
(C) An assessment of the effects of the requirements
validation process and the planning, programming, budg-
eting, and execution processes of the Department on tech-
nology transition.
(D) A description of other challenges associated with
technology transition in the Department that are identified
by the Secretary.
(E) A Department-wide strategy for pursuing tech-
nology transition.
(F) Such recommendations as the Secretary considers
appropriate to eliminate internal barriers within the
Department to technology transition.
(3) SUBMITTAL DATE.—The report under paragraph (1) shall
be submitted not later than nine months after the date of
the enactment of this Act.
SEC. 256. PREVENTION, MITIGATION, AND TREATMENT OF BLAST
INJURIES.
(a) DESIGNATION
OF EXECUTIVE AGENT.—The Secretary of
Defense shall designate an executive agent to be responsible for
coordinating and managing the medical research efforts and pro-
grams of the Department of Defense relating to the prevention,
mitigation, and treatment of blast injuries.
(b) GENERAL
RESPONSIBILITIES.—The executive agent des-
ignated under subsection (a) shall be responsible for—
(1) planning for the medical research and development
projects, diagnostic and field treatment programs, and patient
tracking and monitoring activities within the Department that
relate to combat blast injuries;
(2) efficient execution of such projects, programs, and activi-
ties;
10 USC 1071
note.
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(3) enabling the sharing of blast injury health hazards
and survivability data collected through such projects, pro-
grams, and activities with the programs of the Department
of Defense;
(4) working with the Director, Defense Research and
Engineering and the Secretaries of the military departments
to ensure resources are adequate to also meet non-medical
requirements related to blast injury prevention, mitigation, and
treatment; and
(5) ensuring that a joint combat trauma registry is estab-
lished and maintained for the purposes of collection and anal-
ysis of contemporary combat casualties, including casualties
with traumatic brain injury.
(c) MEDICAL RESEARCH EFFORTS.—
(1) IN GENERAL.—The executive agent designated under
subsection (a) shall review and assess the adequacy of medical
research efforts of the Department of Defense as of the date
of the enactment of this Act relating to the following:
(A) The characterization of blast effects leading to
injury, including the injury potential of blasts in various
environments.
(B) Medical technologies and protocols to more
accurately detect and diagnose blast injuries, including
improved discrimination between traumatic brain injuries
and mental health disorders.
(C) Enhanced treatment of blast injuries in the field.
(D) Integrated treatment approaches for members of
the Armed Forces who have a combination of traumatic
brain injuries and mental health disorders or other injuries.
(E) Such other blast injury matters as the executive
agent considers appropriate.
(2) REQUIREMENTS FOR RESEARCH EFFORTS.—Based on the
assessment under paragraph (1), the executive agent shall
establish requirements for medical research efforts described
in that paragraph in order to enhance and accelerate those
research efforts.
(3) OVERSIGHT OF RESEARCH EFFORTS.—The executive agent
shall establish, coordinate, and oversee Department-wide med-
ical research efforts relating to the prevention, mitigation, and
treatment of blast injuries, as necessary, to fulfill requirements
established under paragraph (2).
(d) OTHER
RELATED
RESEARCH
EFFORTS.—The Director,
Defense Research and Engineering, in coordination with the execu-
tive agent designated under subsection (a) and the Director of
the Joint IED Defeat Task Force, shall—
(1) review and assess the adequacy of current research
efforts of the Department on the prevention and mitigation
of blast injuries;
(2) based on subsection (c)(1), establish requirements for
further research; and
(3) address any deficiencies identified in paragraphs (1)
and (2) by establishing, coordinating, and overseeing Depart-
ment-wide research and development initiatives on the preven-
tion and mitigation of blast injuries, including explosive detec-
tion and defeat and personnel and vehicle blast protection.
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(e) STUDIES.—The executive agent designated under subsection
(a) shall conduct studies on the prevention, mitigation, and treat-
ment of blast injuries, including—
(1) studies to improve the clinical evaluation and treatment
approach for blast injuries, with an emphasis on traumatic
brain injuries and other consequences of blast injury, including
acoustic and eye injuries and injuries resulting from over-pres-
sure wave;
(2) studies on the incidence of traumatic brain injuries
attributable to blast injury in soldiers returning from combat;
(3) studies to develop protocols for medical tracking of
members of the Armed Forces for up to five years following
blast injuries; and
(4) studies to refine and improve educational interventions
for blast injury survivors and their families.
(f) TRAINING.—The executive agent designated under subsection
(a), in coordination with the Director of the Joint IED Defeat
Task Force, shall develop training protocols for medical and non-
medical personnel on the prevention, mitigation, and treatment
of blast injuries. Those protocols shall be intended to improve field
and clinical training on early identification of blast injury con-
sequences, both seen and unseen, including traumatic brain injuries,
acoustic injuries, and internal injuries.
(g) INFORMATION SHARING.—The executive agent designated
under subsection (a) shall make available the results of relevant
medical research and development projects and studies to—
(1) Department of Defense programs focused on—
(A) promoting the exchange of blast health hazards
data with blast characterization data and blast modeling
and simulation tools; and
(B) encouraging the incorporation of blast hazards data
into design and operational features of blast detection,
mitigation, and defeat capabilities, such as comprehensive
armor systems which provide blast, ballistic, and fire
protection for the head, neck, ears, eyes, torso, and extrem-
ities; and
(2) traumatic brain injury treatment programs to enhance
the evaluation and care of members of the Armed Forces with
traumatic brain injuries in medical facilities in the United
States and in deployed medical facilities, including those out-
side the Department of Defense.
(h) REPORTS ON BLAST INJURY MATTERS.—
(1) REPORTS
REQUIRED.—Not later than 270 days after
the date of the enactment of this Act, and annually thereafter
through 2008, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report
on the efforts and programs of the Department of Defense
relating to the prevention, mitigation, and treatment of blast
injuries.
(2) ELEMENTS.—Each report under paragraph (1) shall
include the following:
(A) A description of the activities undertaken under
this section during the two years preceding the report
to improve the prevention, mitigation, and treatment of
blast injuries.
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119 STAT. 3184
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(B) A consolidated budget presentation for Department
of Defense biomedical research efforts and studies related
to blast injury for the two fiscal years following the year
of the report.
(C) A description of any gaps in the capabilities of
the Department and any plans to address such gaps within
biomedical research related to blast injury, blast injury
diagnostic and treatment programs, and blast injury
tracking and monitoring activities.
(D) A description of collaboration, if any, with other
departments and agencies of the Federal Government, and
with other countries, during the two years preceding the
report in efforts for the prevention, mitigation, and treat-
ment of blast injuries.
(E) A description of any efforts during the two years
preceding the report to disseminate findings on the diag-
nosis and treatment of blast injuries through civilian and
military research and medical communities.
(F) A description of the status of efforts during the
two years preceding the report to incorporate blast injury
effects data into appropriate programs of the Department
of Defense and into the development of comprehensive force
protection systems that are effective in confronting blast,
ballistic, and fire threats.
(i) DEADLINE
FOR DESIGNATION
OF EXECUTIVE AGENT.—The
Secretary shall make the designation required by subsection (a)
not later than 90 days after the date of the enactment of this
Act.
(j) BLAST INJURIES DEFINED.—In this section, the term ‘‘blast
injuries’’ means injuries that occur as the result of the detonation
of high explosives, including vehicle-borne and person-borne explo-
sive devices, rocket-propelled grenades, and improvised explosive
devices.
(k) EXECUTIVE AGENT DEFINED.—In this section, the term
‘‘executive agent’’ has the meaning provided such term in Depart-
ment of Defense Directive 5101.1.
SEC. 257. MODIFICATION OF REQUIREMENTS FOR ANNUAL REPORT
ON DARPA PROGRAM TO AWARD CASH PRIZES FOR
ADVANCED TECHNOLOGY ACHIEVEMENTS.
Subsection (e) of section 2374a of title 10, United States Code,
is amended to read as follows:
‘‘(e) ANNUAL REPORT.—(1) Not later than March 1 each year,
the Secretary shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on the
activities undertaken by the Director of the Defense Advanced
Research Projects Agency during the preceding fiscal year under
the authority of this section.
‘‘(2) The report for a fiscal year under this subsection shall
include the following:
‘‘(A) The results of consultations between the Director and
officials of the military departments regarding the areas of
research, technology development, or prototype development
for which prizes would be awarded under the program under
this section.
‘‘(B) A description of the proposed goals of the competitions
established under the program, including the areas of research,
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technology development, or prototype development to be pro-
moted by such competitions and the relationship of such areas
to the military missions of the Department.
‘‘(C) The total amount of cash prizes awarded under the
program, including a description of the manner in which the
amounts of cash prizes awarded and claimed were allocated
among the accounts of the Defense Advanced Research Projects
Agency for recording as obligations and expenditures.
‘‘(D) The methods used for the solicitation and evaluation
of submissions under the program, together with an assessment
of the effectiveness of such methods.
‘‘(E) A description of the resources, including personnel
and funding, used in the execution of the program, together
with a detailed description of the activities for which such
resources were used.
‘‘(F) A description of any plans to transition the technologies
or prototypes developed as a result of the program into acquisi-
tion programs of the Department.’’.
SEC. 258. DESIGNATION OF FACILITIES AND RESOURCES CONSTI-
TUTING THE MAJOR RANGE AND TEST FACILITY BASE.
(a) DEPARTMENT OF DEFENSE TEST RESOURCE MANAGEMENT
CENTER.—Section 196(h) of title 10, United States Code, is amended
by striking ‘‘Director of Operational Test and Evaluation’’ and
inserting ‘‘Secretary of Defense’’.
(b) INSTITUTIONAL FUNDING OF TEST AND EVALUATION ACTIVI-
TIES.—Section 232(b)(1) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116
Stat. 2490) is amended by striking ‘‘Director of Operational Test
and Evaluation’’ and inserting ‘‘Secretary of Defense’’.
SEC. 259. REPORT ON COOPERATION BETWEEN DEPARTMENT OF
DEFENSE AND NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION ON RESEARCH, DEVELOPMENT, TEST,
AND EVALUATION ACTIVITIES.
(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense and the
Administrator of the National Aeronautics and Space Administra-
tion shall jointly submit to Congress a report setting forth the
recommendations of the Secretary and the Administrator regarding
cooperative activities between the Department of Defense and the
National Aeronautics and Space Administration related to research,
development, test, and evaluation on areas of mutual interest to
the Department and the Administration.
(b) AREAS COVERED.—The areas of mutual interest to the
Department of Defense and the National Aeronautics and Space
Administration referred to in subsection (a) may include the fol-
lowing:
(1) Aeronautics research.
(2) Facilities, personnel, and support infrastructure.
(3) Propulsion and power technologies.
(4) Space access and operations, including responsive
launch and small satellite development.
SEC. 260. DELAYED EFFECTIVE DATE FOR LIMITATION ON PROCURE-
MENT OF SYSTEMS NOT GPS-EQUIPPED.
(a) DELAYED EFFECTIVE DATE.—Section 152(b) of the National
Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2281
10 USC 2281
note.
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119 STAT. 3186
PUBLIC LAW 109–163—JAN. 6, 2006
note) is amended by striking ‘‘After September 30, 2005’’ and
inserting ‘‘After September 30, 2007’’.
(b) RATIFICATION OF ACTIONS.—The amendment made by sub-
section (a) shall be deemed to have taken effect at the close of
September 30, 2005, and any obligation or expenditure of funds
by the Department of Defense during the period beginning on
October 1, 2005, and ending on the date of the enactment of this
Act to modify or procure a Department of Defense aircraft, ship,
armored vehicle, or indirect-fire weapon system that is not equipped
with a Global Positioning System receiver is hereby ratified with
respect to the provision of law specified in subsection (a).
SEC. 261. REPORT ON DEVELOPMENT AND USE OF ROBOTICS AND
UNMANNED GROUND VEHICLE SYSTEMS.
(a) REPORT REQUIRED.—Not later than nine months after the
date of the enactment of this Act, the Under Secretary of Defense
for Acquisition, Technology, and Logistics shall submit to the
congressional defense committees a report on the development and
utilization of robotics and unmanned ground vehicle systems by
the Department of Defense.
(b) ELEMENTS.—The report required by subsection (a) shall
include the following:
(1) A description of the utilization of robotics and
unmanned ground vehicle systems in current military oper-
ations.
(2) A description of the manner in which the development
of robotics and unmanned ground vehicle systems capabilities
supports current major acquisition programs of the Department
of Defense.
(3) A description, including budget estimates, of all Depart-
ment programs and activities on robotics and unmanned ground
vehicle systems for fiscal years 2004 through 2012, including
the Joint Robotics Program and other programs and activities
relating to research, development, test and evaluation, procure-
ment, and operation and maintenance.
(4) A description of the long-term research and development
strategy of the Department on technology for the development
and integration of new robotics and unmanned ground vehicle
systems capabilities in support of Department missions.
(5) A description of any planned demonstration or
experimentation activities of the Department that will support
the development and deployment of robotics and unmanned
ground vehicle systems by the Department.
(6) A statement of the Department organizations currently
participating in the development of new robotics or unmanned
ground vehicle systems capabilities, including the specific mis-
sions of each such organization in such efforts.
(7) A description of the activities of the Department to
collaborate with industry, academia, and other government and
nongovernmental organizations in the development of new
capabilities in robotics and unmanned ground vehicle systems.
(8) An assessment of the short-term and long-term ability
of the industrial base of the United States to support the
production of robotics and unmanned ground vehicle systems
to meet Department requirements.
(9) An assessment of the progress being made to achieve
the goal established by section 220(a)(2) of the Floyd D. Spence
10 USC 2281
note.
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119 STAT. 3187
PUBLIC LAW 109–163—JAN. 6, 2006
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106–398; 114 Stat. 1654A–
38) that, by 2015, one-third of operational ground combat
vehicles be unmanned.
(10) An assessment of international research, technology,
and military capabilities in robotics and unmanned ground
vehicle systems.
(11) A description of the role and placement of the Joint
Robotics Program in the Department.
(12) A description of the mechanisms of the Department
for coordinating pre-systems development and demonstration
funding for robotics and unmanned ground vehicle systems.
TITLE III—OPERATION AND
MAINTENANCE
SUBTITLE A—AUTHORIZATION OF APPROPRIATIONS
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
SUBTITLE B—ENVIRONMENTAL PROVISIONS
Sec. 311. Elimination and simplification of certain items required in the annual re-
port on environmental quality programs and other environmental activi-
ties.
Sec. 312. Payment of certain private cleanup costs in connection with Defense En-
vironmental Restoration Program.
SUBTITLE C—WORKPLACE AND DEPOT ISSUES
Sec. 321. Modification of authority of Army working-capital funded facilities to en-
gage in cooperative activities with non-Army entities.
Sec. 322. Limitation on transition of funding for east coast shipyards from funding
through Navy working capital fund to direct funding.
Sec. 323. Armament Retooling and Manufacturing Support Initiative matters.
Sec. 324. Sense of Congress regarding depot maintenance.
SUBTITLE D—EXTENSION OF PROGRAM AUTHORITIES
Sec. 331. Extension of authority to provide logistics support and services for weap-
ons systems contractors.
Sec. 332. Extension of period for reimbursement for certain protective, safety, or
health equipment purchased by or for members of the Armed Forces de-
ployed in contingency operations.
SUBTITLE E—OUTSOURCING
Sec. 341. Public-private competition.
Sec. 342. Contracting for procurement of certain supplies and services.
Sec. 343. Performance of certain work by Federal Government employees.
Sec. 344. Extension of temporary authority for contractor performance of security-
guard functions.
SUBTITLE F—ANALYSIS, STRATEGIES, AND REPORTS
Sec. 351. Report on Department of Army programs for prepositioning of equipment
and other materiel.
Sec. 352. Reports on budget models used for base operations support, sustainment,
and facilities recapitalization.
Sec. 353. Army training strategy for brigade-based combat teams and functional
supporting brigades.
Sec. 354. Report regarding effect on military readiness of undocumented immi-
grants trespassing upon operational ranges.
Sec. 355. Report regarding management of Army lodging.
Sec. 356. Comptroller General report on corrosion prevention and mitigation pro-
grams of the Department of Defense.
Sec. 357. Study on use of biodiesel and ethanol fuel.
Sec. 358. Report on effects of windmill farms on military readiness.
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PUBLIC LAW 109–163—JAN. 6, 2006
Sec. 359. Report on space-available travel for certain disabled veterans and gray-
area retirees.
Sec. 360. Report on joint field training and experimentation on stability, security,
transition, and reconstruction operations.
Sec. 361. Reports on budgeting relating to sustainment of key military equipment.
Sec. 362. Repeal of Air Force report on military installation encroachment issues.
SUBTITLE G—OTHER MATTERS
Sec. 371. Supervision and management of Defense Business Transformation Agen-
cy.
Sec. 372. Codification and revision of limitation on modification of major items of
equipment scheduled for retirement or disposal.
Sec. 373. Limitation on purchase of investment items with operation and mainte-
nance funds.
Sec. 374. Operation and use of general gift funds of the Department of Defense and
Coast Guard.
Sec. 375. Inclusion of packet based telephony in Department of Defense tele-
communications benefit.
Sec. 376. Limitation on financial management improvement and audit initiatives
within Department of Defense.
Sec. 377. Provision of welfare of special category residents at Naval Station Guan-
tanamo Bay, Cuba.
Sec. 378. Commemoration of success of the Armed Forces in Operation Enduring
Freedom and Operation Iraqi Freedom.
SUBTITLE H—UTAH TEST AND TRAINING RANGE
Sec. 381. Definitions.
Sec. 382. Military operations and overflights, Utah Test and Training Range.
Sec. 383. Analysis of military readiness and operational impacts in planning proc-
ess for Federal lands in Utah Test and Training Range.
Sec. 384. Designation and management of Cedar Mountain Wilderness, Utah.
Sec. 385. Relation to other lands.
Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year
2006 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for expenses, not otherwise
provided for, for operation and maintenance, in amounts as follows:
(1) For the Army, $24,686,295,000.
(2) For the Navy, $30,538,089,000.
(3) For the Marine Corps, $3,809,526,000.
(4) For the Air Force, $31,117,136,000.
(5) For Defense-wide activities, $18,550,169,000.
(6) For the Army Reserve, $1,992,542,000.
(7) For the Navy Reserve, $1,237,295,000.
(8) For the Marine Corps Reserve, $198,034,000.
(9) For the Air Force Reserve, $2,487,786,000.
(10) For the Army National Guard, $4,478,319,000.
(11) For the Air National Guard, $4,701,991,000.
(12) For the United States Court of Appeals for the Armed
Forces, $11,236,000.
(13) For Environmental Restoration, Army, $407,865,000.
(14) For Environmental Restoration, Navy, $305,275,000.
(15) 
For 
Environmental 
Restoration, 
Air 
Force,
$406,461,000.
(16) 
For 
Environmental 
Restoration, 
Defense-wide,
$28,167,000.
(17) For Environmental Restoration, Formerly Used
Defense Sites, $261,921,000.
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(18) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $61,546,000.
(19) 
For 
Cooperative 
Threat 
Reduction 
programs,
$415,459,000.
(20) For the Overseas Contingency Operations Transfer
Fund, $20,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year
2006 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for providing capital for
working capital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $316,340,000.
(2) For the National Defense Sealift Fund, $1,657,717,000.
(3) For the Defense Working Capital Fund, Defense Com-
missary, $1,155,000,000.
SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) DEFENSE HEALTH PROGRAM.—Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year
2006 for expenses, not otherwise provided for, for the Defense
Health Program, in the amount of $19,892,594,000, of which—
(1) $19,348,119,000 is for Operation and Maintenance;
(2) $169,156,000 is for Research, Development, Test, and
Evaluation; and
(3) $375,319,000 is for Procurement.
(b) 
CHEMICAL
AGENTS
AND
MUNITIONS
DESTRUCTION,
DEFENSE.—
(1) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for the Department of Defense
for fiscal year 2006 for expenses, not otherwise provided for,
for Chemical Agents and Munitions Destruction, Defense, in
the amount of $1,425,827,000, of which—
(A) $1,241,514,000 is for Operation and Maintenance;
(B) $67,786,000 is for Research, Development, Test,
and Evaluation; and
(C) $116,527,000 is for Procurement.
(2) USE.—Amounts authorized to be appropriated under
paragraph (1) are authorized for—
(A) the destruction of lethal chemical agents and muni-
tions in accordance with section 1412 of the Department
of Defense Authorization Act, 1986 (50 U.S.C. 1521); and
(B) the destruction of chemical warfare materiel of
the United States that is not covered by section 1412
of such Act.
(c) DRUG
INTERDICTION
AND
COUNTER-DRUG
ACTIVITIES,
DEFENSE-WIDE.—Funds are hereby authorized to be appropriated
for the Department of Defense for fiscal year 2006 for expenses,
not otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, in the amount of $901,741,000.
(d) DEFENSE INSPECTOR GENERAL.—Funds are hereby author-
ized to be appropriated for the Department of Defense for fiscal
year 2006 for expenses, not otherwise provided for, for the Office
of the Inspector General of the Department of Defense, in the
amount of $209,687,000, of which—
(1) $208,687,000 is for Operation and Maintenance; and
(2) $1,000,000 is for Procurement.
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119 STAT. 3190
PUBLIC LAW 109–163—JAN. 6, 2006
Subtitle B—Environmental Provisions
SEC. 311. ELIMINATION AND SIMPLIFICATION OF CERTAIN ITEMS
REQUIRED IN THE ANNUAL REPORT ON ENVIRON-
MENTAL QUALITY PROGRAMS AND OTHER ENVIRON-
MENTAL ACTIVITIES.
Section 2706(b)(2) of title 10, United States Code, is amended—
(1) by striking subparagraphs (D) and (E);
(2) by inserting after subparagraph (C) the following new
subparagraph:
‘‘(D) A summary of fines and penalties imposed or assessed
against the Department of Defense and the military depart-
ments under Federal, State, or local environmental laws during
the fiscal year in which the report is submitted and the four
preceding fiscal years, which summary shall include—
‘‘(i) a trend analysis of such fines and penalties for
military installations inside and outside the United States;
and
‘‘(ii) a list of such fines or penalties that exceeded
$1,000,000 and the provisions of law under which such
fines or penalties were imposed or assessed.’’; and
(3) by redesignating subparagraph (F) as subparagraph
(E) and, in such subparagraph, by striking ‘‘and amounts for
conferences’’ and all that follows through ‘‘such activities’’.
SEC. 312. PAYMENT OF CERTAIN PRIVATE CLEANUP COSTS IN CONNEC-
TION WITH DEFENSE ENVIRONMENTAL RESTORATION
PROGRAM.
(a) ACTIVITIES AT FORMER DEFENSE PROPERTY SUBJECT TO COV-
ENANT FOR ADDITIONAL REMEDIAL ACTION.—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 property’ means an
owner of property subject to a covenant provided by the
United States in accordance with the requirements of para-
graphs (3) and (4) of section 120(h) of CERCLA (42 U.S.C.
9620(h)), so long as the covenant property 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 subsection affects
the applicability of section 120 of CERCLA (42 U.S.C. 6920)
to the Department of Defense or the obligations and responsibil-
ities of the Department of Defense under subsection (h) of
such section.’’.
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(b) SOURCE OF FUNDS FOR FORMER BRAC PROPERTY SUBJECT
TO COVENANT FOR ADDITIONAL REMEDIAL ACTION.—Section 2703
of such title is amended—
(1) in subsection (g)(1), by striking ‘‘The sole source’’ and
inserting ‘‘Except as provided in subsection (h), the sole source’’;
and
(2) by adding at the end the following new subsection:
‘‘(h) SOLE SOURCE OF FUNDS FOR ENVIRONMENTAL REMEDIATION
AT CERTAIN BASE REALIGNMENT AND CLOSURE SITES.—In the case
of property disposed of pursuant 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. The limitation in this subsection shall expire
upon the closure of the applicable base closure account.’’.
Subtitle C—Workplace and Depot Issues
SEC. 321. MODIFICATION OF AUTHORITY OF ARMY WORKING-CAPITAL
FUNDED FACILITIES TO ENGAGE IN COOPERATIVE
ACTIVITIES WITH NON-ARMY ENTITIES.
(a) APPLICABILITY OF SUNSET.—Subsection (j) of section 4544
of title 10, United States Code, is amended by striking ‘‘September
30, 2009,’’ and all that follows through the end and inserting ‘‘Sep-
tember 30, 2009.’’.
(b) CREDITING OF PROCEEDS OF SALE OF ARTICLES AND SERV-
ICES.—Such section is further amended—
(1) in subsection (d), by striking ‘‘subsection (e)’’ and
inserting ‘‘subsection (f)’’;
(2) by redesignating subsections (e), (f), (g), (h), (i), and
(j) as subsections (f), (g), (h), (i), (j), and (k) respectively;
(3) by inserting after subsection (d) the following new sub-
section (e):
‘‘(e) PROCEEDS CREDITED
TO WORKING CAPITAL FUND.—The
proceeds received from the sale of an article or service pursuant
to a contract or other cooperative arrangement under this section
shall be credited to the working capital fund that incurs the cost
of manufacturing the article or performing the service.’’; and
(4) in subsection (g), as redesignated by paragraph (2),
by striking ‘‘subsection (e)’’ and inserting ‘‘subsection (f)’’.
SEC. 322. LIMITATION ON TRANSITION OF FUNDING FOR EAST COAST
SHIPYARDS FROM FUNDING THROUGH NAVY WORKING
CAPITAL FUND TO DIRECT FUNDING.
(a) LIMITATION.—The Secretary of the Navy may not convert
funding for the shipyards of the Navy on the east coast of the
United States from funding through the working capital fund of
the Navy to funding on a direct basis (also known as ‘‘mission
funding’’) before October 1, 2006.
(b) REPORT
ON DIRECT FUNDING
FOR PUGET SOUND NAVAL
SHIPYARD.—
(1) REPORT REQUIRED.—Not later than March 1, 2006, the
Secretary shall submit to the congressional defense committees
a report that contains the assessment of the Secretary on
the effects on Puget Sound Naval Shipyard, Washington, of
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the conversion of that shipyard from funding through the
working capital fund of the Navy to funding on a direct basis.
(2) MATTERS TO BE INCLUDED.—The report under paragraph
(1) shall address the effect of the conversion of Puget Sound
Naval Shipyard to direct funding on each of the following:
(A) The cost visibility of specific work performed.
(B) The total cost of consolidated ship maintenance
operations on an ongoing basis.
(C) The ability to distinguish between depot and inter-
mediate work of consolidated ship maintenance activities.
(D) The costs associated with buyout expenses for the
transfer of the shipyards of the Navy on the east coast
of the United States from funding through the working
capital fund of the Navy to funding on a direct basis.
(E) The flexibility of the shipyard to continue routine
ship maintenance operations during a potential funding
gap at the beginning of a fiscal year or when expected
maintenance costs exceed annual appropriations.
(F) Operational and financial flexibility and responsive-
ness of funding on a direct basis compared to funding
through the working capital fund of the Navy.
(G) Long-term funding for the capital improvement
programs of the shipyard.
(H) Compliance with section 2460 of title 10, United
States Code, which defines the work that is considered
to be depot-level maintenance and repair versus work that
is considered to be a major modification of a weapons
system.
(I) Compliance with section 2466 of title 10, United
Status Code, which limits the amount of depot-level mainte-
nance and repair workload of the Department of Navy
that is performed by non-Federal Government personnel
in any fiscal year to not more than 50 percent of the
total depot workload reported to the Department in that
fiscal year.
(J) Compliance with sections 1115 and 1116 of title
31, United States Code, which require agencies to set
annual performance goals, measure performance toward
the achievement of those goals, and publicly report on
progress.
(K) Compliance with chapter 35 of title 31, United
States Code, which requires audited financial statements
to include the ability to properly charge and account for
reimbursable workload.
(3) GOVERNMENT
ACCOUNTABILITY
OFFICE
REVIEW.—Not
later than 60 days after the date on which the report required
under paragraph (1) is submitted, the Comptroller General
shall submit to the congressional defense committees a review
of the report, which shall include the Comptroller General’s
assessment of whether the report adequately addresses each
of the matters specified under paragraph (2).
(c) REPORT ON PROPOSED CONGRESSIONAL BUDGET EXHIBITS
FOR NAVY MISSION-FUNDED SHIPYARDS.—
(1) REPORT REQUIRED.—Not later than March 1, 2006, the
Secretary shall submit to the congressional defense committees
a report that proposes congressional budget exhibits for use
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in connection with the funding of Navy shipyards on a direct
basis.
(2) MATTERS TO BE INCLUDED.—The report under paragraph
(1) shall comprehensively address the following:
(A) The establishment of annual categories, metrics,
and measurements to objectively compare the performance
of each shipyard over time with respect to the following:
(i) Schedule adherence.
(ii) Quality of work.
(iii) Cost management.
(iv) Administrative efficiency.
(v) Number of hulls for which repairs are com-
pleted during the fiscal year.
(vi) Number of hulls that are in the process of
being repaired at the end of the fiscal year.
(B) Capital replenishment for each shipyard.
(C) Workload indicators to determine whether each
shipyard is effectively utilized.
(D) Annual budget management reports to enable effec-
tive monitoring of each shipyard with respect to the fol-
lowing:
(i) Obligation authority from Department of the
Navy accounts, including operation and maintenance
funds for the Atlantic Fleet, the Pacific Fleet, and
the Naval Sea Systems Command and procurement
funds for the Navy shipbuilding and conversion account
and the other procurement accounts.
(ii) Obligation authority provided by reimburse-
ment from non-Department of the Navy sources,
including other Department of Defense accounts, for-
eign military sales accounts, other Federal Government
agency accounts, and non-Federal Government sources.
(iii) Costs and expenses of military personnel,
civilian personnel, materials, contracts, travel, sup-
plies, overhead, and other costs.
(iv) Capital expenditures.
(v) Military construction.
(vi) Base operating support.
(vii) Facilities sustainment, restoration, and mod-
ernization.
(viii) Personnel and labor management, including
military end strengths, civilian end strengths, military
mandays, and civilian mandays.
(3) CONGRESSIONAL
BUDGET
OFFICE
REVIEW.—Not later
than 60 days after the date on which the report required
under paragraph (1) is submitted, the Director of the Congres-
sional Budget Office shall submit to the congressional defense
committees a review of the report, which shall include the
Director’s assessment of whether the report comprehensively
addresses each of the matters specified in subparagraphs (A)
through (D) of paragraph (2).
SEC. 323. ARMAMENT RETOOLING AND MANUFACTURING SUPPORT
INITIATIVE MATTERS.
(a) INCLUSION OF ADDITIONAL FACILITIES WITHIN ARMS INITIA-
TIVE.—Section 4551(2) of title 10, United States Code, is amended
by inserting ‘‘, or a Government-owned, contractor-operated depot
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for the storage, maintenance, renovation, or demilitarization of
ammunition,’’ after ‘‘manufacturing facility’’.
(b) ADDITIONAL CONSIDERATION FOR USE OF FACILITIES.—Sec-
tion 4554(b)(2) of such title is amended by adding at the end
the following new subparagraph:
‘‘(D) The demilitarization and storage of conventional
ammunition.’’.
(c) ADDITIONAL POLICY OBJECTIVES WITH RESPECT TO AMMUNI-
TION FACILITIES
AND CAPACITY.—Section 4552 of such title is
amended in paragraphs (1) and (8) by inserting ‘‘, storage, mainte-
nance, renovation, and demilitarization’’ after ‘‘manufacturing’’.
(d) BROADENING
OF
PURPOSE
OF
ARMS INITIATIVE
WITH
RESPECT TO WORK FORCE SKILLS.—Section 4553(b)(3) of such title
is amended by striking ‘‘in manufacturing processes that are’’.
SEC. 324. SENSE OF CONGRESS REGARDING DEPOT MAINTENANCE.
(a) FINDINGS.—Congress finds the following:
(1) The Depot Maintenance Strategy and Master Plan of
the Air Force reflects the essential requirements for the Air
Force to maintain a ready and controlled source of organic
technical competence, thereby ensuring an effective and timely
response to national defense contingencies and emergency
requirements.
(2) Since the publication of the Depot Maintenance Strategy
and Master Plan of the Air Force in 2002, the Air Force has
made great progress toward modernizing all three of its depots,
in order to maintain the status of those depots as ‘‘world
class’’ maintenance repair and overhaul operations.
(3) One of the central components of the Depot Maintenance
Strategy and Master Plan of the Air Force is the commitment
of the Air Force to allocate $150,000,000 each fiscal year for
six years, beginning in fiscal year 2004, for recapitalization
and investment, including the procurement of technologically
advanced facilities and equipment, of the Nation’s three Air
Force depots.
(4) The funds expended to date have ensured that trans-
formation projects, such as the initial implementation of ‘‘Lean’’
and ‘‘Six Sigma’’ production techniques, have achieved great
success in reducing the time necessary to perform depot mainte-
nance on aircraft.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the Air Force should be commended for the implementa-
tion of its Depot Maintenance Strategy and Master Plan and,
in particular, meeting the capital investment strategy pursuant
to the Plan; and
(2) the Air Force should remain committed to the depot
maintenance process improvement initiatives and the invest-
ments and recapitalization projects pursuant to the Depot
Maintenance Strategy and Master Plan.
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Subtitle D—Extension of Program
Authorities
SEC. 331. EXTENSION OF AUTHORITY TO PROVIDE LOGISTICS SUP-
PORT AND SERVICES FOR WEAPONS SYSTEMS CONTRAC-
TORS.
Section 365(g)(1) of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2521;
10 U.S.C. 2302 note) is amended by striking ‘‘September 30, 2007’’
and inserting ‘‘September 30, 2010’’.
SEC. 332. EXTENSION OF PERIOD FOR REIMBURSEMENT FOR CERTAIN
PROTECTIVE, SAFETY, OR HEALTH EQUIPMENT PUR-
CHASED BY OR FOR MEMBERS OF THE ARMED FORCES
DEPLOYED IN CONTINGENCY OPERATIONS.
(a) EXTENSION.—Section 351(a)(3) of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108–375; 118 Stat. 1857) is amended by striking ‘‘July 31,
2004’’ and inserting ‘‘April 1, 2006’’.
(b) FUNDING.—Amounts for reimbursements made under sec-
tion 351 of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 after the date of the enactment of this
Act shall be derived from supplemental appropriations for the
Department of Defense for fiscal year 2006 for military operations
in Iraq and Afghanistan and the Global War on Terrorism, contin-
gent upon such appropriations being enacted.
Subtitle E—Outsourcing
SEC. 341. PUBLIC-PRIVATE COMPETITION.
(a) PUBLIC-PRIVATE COMPETITION REQUIRED PRIOR TO CONVER-
SION
OF CERTAIN DEPARTMENT
OF DEFENSE FUNCTIONS.—Sub-
section (a) of section 2461 of title 10, United States Code, is
amended to read as follows:
‘‘(a) PUBLIC-PRIVATE
COMPETITION.—(1) A function of the
Department of Defense performed by 10 or more Department of
Defense civilian employees may not be converted, in whole or in
part, to performance by a contractor unless the conversion is based
on the results of a public-private competition that—
‘‘(A) formally compares the cost of performance of the func-
tion by Department of Defense civilian employees with the
cost of performance by a contractor;
‘‘(B) creates an agency tender, including a most efficient
organization plan, in accordance with Office of Management
and Budget Circular A–76, as implemented on May 29, 2003;
‘‘(C) includes the issuance of a solicitation;
‘‘(D) determines whether the submitted offers meet the
needs of the Department of Defense with respect to factors
other than cost, including quality and reliability;
‘‘(E) examines the cost of performance of the function by
Department of Defense civilian employees and the cost of
performance of the function by one or more contractors to
demonstrate whether converting to performance by a contractor
will result in savings to the Government over the life of the
contract, including—
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‘‘(i) the estimated cost to the Government (based on
offers received) for performance of the function by a con-
tractor;
‘‘(ii) the estimated cost to the Government for perform-
ance of the function by Department of Defense civilian
employees; and
‘‘(iii) an estimate of all other costs and expenditures
that the Government would incur because of the award
of such a contract;
‘‘(F) requires continued performance of the function by
Department of Defense civilian employees unless the difference
in the cost of performance of the function by a contractor
compared to the cost of performance of the function by Depart-
ment of Defense civilian employees would, over all performance
periods required by the solicitation, be equal to or exceed the
lesser of—
‘‘(i) 10 percent of the personnel-related costs for
performance of that function in the agency tender; or
‘‘(ii) $10,000,000; and
‘‘(G) examines the effect of performance of the function
by a contractor on the military mission associated with the
performance of the function.
‘‘(2) A function that is performed by the Department of Defense
and is reengineered, reorganized, modernized, upgraded, expanded,
or changed to become more efficient, but still essentially provides
the same service, shall not be considered a new requirement.
‘‘(3) In no case may a function being performed by Department
of Defense personnel be—
‘‘(A) modified, reorganized, divided, or in any way changed
for the purpose of exempting the conversion of the function
from the requirements of this section; or
‘‘(B) converted to performance by a contractor to circumvent
a civilian personnel ceiling.’’.
(b) CONGRESSIONAL NOTIFICATION.—Subsection (b) of such sec-
tion is amended—
(1) in paragraph (1)—
(A) by striking ‘‘to analyze’’ and all that follows through
‘‘private sector’’ and inserting ‘‘a public-private competition
under subsection (a)’’;
(B) in subparagraph (A), by striking ‘‘to be analyzed
for possible change’’ and inserting ‘‘for which such public-
private competition is to be conducted’’;
(C) in subparagraph (C), by inserting ‘‘Department of
Defense’’ before ‘‘civilian employee’’;
(D) in subparagraph (D), by striking ‘‘the analysis’’
both places it appears and inserting ‘‘the public-private
competition’’; and
(E) in subparagraph (E)—
(i) by striking ‘‘commercial or industrial type’’
before ‘‘function’’; and
(ii) by striking ‘‘persons who are not civilian
employees of the Department of Defense’’ and inserting
‘‘a contractor’’;
(2) by striking paragraphs (2) and (3) and inserting the
following new paragraph (2):
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‘‘(2) The report required under paragraph (1) shall include
an examination the potential economic effect of performance of
the function by a contractor on—
‘‘(A) Department of Defense civilian employees who would
be affected by such a conversion in performance; and
‘‘(B) the local community and the Government, if more
than 50 Department of Defense civilian employees perform
the function.’’;
(3) by redesignating paragraph (4) as paragraph (3); and
(4) in paragraph (3), as so redesignated—
(A) in subparagraph (A)—
(i) by striking ‘‘where a commercial’’ and all that
follows through ‘‘performance’’ and inserting ‘‘where
a public-private competition is conducted’’; and
(ii) by striking ‘‘the analysis’’ both places it appears
and inserting ‘‘the public private competition’’; and
(B) in subparagraph (B), by striking ‘‘the commercial’’
and all that follows through ‘‘to which objected’’ and
inserting ‘‘the function for which the public-private competi-
tion was conducted for which the objection was submitted’’.
(c) CONSOLIDATION AND RESTATEMENT OF REPORTING PROVI-
SIONS.—
(1) CONSOLIDATION
AND
RESTATEMENT.—Section 2462 of
such title is amended to read as follows:
‘‘§ 2462. Reports on public-private competition
‘‘(a) REPORT ON PUBLIC-PRIVATE COMPETITION RESULTS.—(1)
Upon the completion of a public-private competition under section
2461 of this title, the Secretary of Defense shall submit to Congress
a report containing the results of the public-private competition
required by subsection (a) of such section.
‘‘(2) Each report under this subsection shall include the fol-
lowing:
‘‘(A) The date on which the public-private competition was
commenced.
‘‘(B) The number of Department of Defense civilian
employees who were performing the function when the public-
private competition was commenced and the number of such
employees whose employment was or will be terminated or
otherwise affected by converting to performance of the function
by a contractor or by implementation of the most efficient
organization of the function.
‘‘(C) The Secretary’s certification that the Government’s
calculation of the cost of performance of the function by Depart-
ment of Defense civilian employees is based on an estimate
of the most cost effective manner for performance of the function
by Department of Defense civilian employees that meets the
needs of the Department with respect to factors other than
cost, including quality and reliability.
‘‘(D) The Secretary’s certification that the public-private
competition did not include any predetermined personnel con-
straint or limitation in terms of man years, end strength,
full-time equivalent positions, or maximum number of
employees.
‘‘(E) The Secretary’s certification that the entire public-
private competition is available for examination.
10 USC 2462.
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‘‘(F) In the case of a function performed at a Center of
Industrial and Technical Excellence designated under section
2474(a) of this title or an Army ammunition plant, a description
of the effect that the manner of performance of the function,
and administration of the resulting contract if any, will have
on the overhead costs of the center or ammunition plant, as
the case may be.
‘‘(G) A schedule for implementing the results of the public-
private competition.
‘‘(3)(A) No decision made on the basis of a public-private com-
petition under section 2461 of this title may be implemented until
after the submission of a report under paragraph (1).
‘‘(B) Notwithstanding subparagraph (A), in the case of function
performed at a Center of Industrial and Technical Excellence des-
ignated under section 2474(a) of this title or an Army ammunition
plant, the conversion of the function to performance by a contractor
may not begin until at least 60 days after the submission of a
report under paragraph (1).
‘‘(b) ANNUAL REPORT.—Not later than June 30 of each year,
the Secretary of Defense shall submit to Congress a written report,
which shall include the following:
‘‘(1) An estimate of the percentage of functions (other than
functions that are inherently governmental) that Department
of Defense civilian employees will perform and an estimate
of the percentage of such functions that contractors will perform
during the fiscal year during which the report is submitted.
‘‘(2) The results of public-private competitions conducted
under section 2461 of this title that were completed during
the preceding fiscal year, including each of the following:
‘‘(A) The number of such competitions completed during
such fiscal year and the number of Department of Defense
civilian employees performing functions for which such a
competition was conducted.
‘‘(B) The percentage of such competitions that resulted
in the continued performance of a function by Department
of Defense civilian employees.
‘‘(C) The percentage of such competitions that resulted
in the conversion of a function to performance by a con-
tractor.
‘‘(D) The percentage of the Department of Defense
civilian employees identified pursuant to subparagraph (A)
whose positions will be converted to performance by con-
tractors or eliminated as a result of implementing the
results of such competitions.
‘‘(3) The results of monitoring the performance of Depart-
ment functions under section 2461a of this title, including
for each function subject to monitoring, each of the following:
‘‘(A) The cost of the public-private competition con-
ducted under section 2461 of this title.
‘‘(B) The cost of performing the function before such
competition compared to the costs incurred after imple-
menting the conversion, reorganization, or reengineering
actions recommended pursuant to the competition.
‘‘(C) The actual savings derived from the implementa-
tion of the recommendations made pursuant to such com-
petition, if any, compared to the anticipated savings that
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were to result from the conversion, reorganization, or re-
engineering actions.’’.
(2) WAIVER FOR SMALL FUNCTIONS AND CONFORMING AMEND-
MENTS.—Section 2461 of such title, as amended by subsections
(a) and (b), is further amended—
(A) by striking subsections (c), (d), (f) and (g); and
(B) by redesignating subsections (e) and (h) as sub-
sections (c) and (d) respectively.
(3) CORRECTION OF TERMINOLOGY.—The heading for sub-
section (c) of such section, as redesignated by paragraph (2),
is amended by striking ‘‘WAIVER’’ and inserting ‘‘EXEMPTION’’.
(d) PERFORMANCE MONITORING.—Section 2461a of such title
is amended—
(1) by striking subsections (a), (c), and (d);
(2) by redesignating subsections (b) and (e) as subsections
(a) and (b) respectively;
(3) in subsection (a), as so redesignated—
(A) in paragraph (1)—
(i) by striking ‘‘establish a system for monitoring’’
and inserting ‘‘monitor’’; and
(ii) by striking ‘‘a workforce review’’ and inserting
‘‘a public-private competition conducted under section
2461 of this title’’;
(B) in paragraph (2), by striking all and inserting
the following:
‘‘(2) In carrying out paragraph (1), the Secretary shall—
‘‘(A) compare the cost of performing the function before
the public-private competition to the cost of performing the
function after the implementation of the results of the public-
private competition; and
‘‘(B) identify any actual savings of the Department of
Defense after the implementation of the results of the public-
private competition and compare such savings to the estimated
savings identified pursuant to section 2461(a)(1)(E) of this title
for that public-private competition;’’; and
(C) in paragraph (3), by inserting ‘‘pursuant to such
a public-private competition’’ after ‘‘reengineering of the
function’’; and
(4) in subsection (b), as so redesignated, by striking
‘‘workforce reviews’’ and inserting ‘‘public-private competitions
conducted under section 2461 of this title’’.
(e) INAPPLICABILITY TO BEST-VALUE SOURCE SELECTION PILOT
PROGRAM.—Subsection (a)(1)(E) of section 2461 of title 10, United
States Code, as amended by subsection (a), shall not apply with
respect to the pilot program for best-value source selection for
performance of information technology services authorized by sec-
tion 336 of the National Defense Authorization Act for Fiscal Year
2004 (Public Law 108–136; 117 Stat. 1444; 10 U.S.C. 2461 note).
(f) REPEAL OF REDUNDANT PROVISION.—Section 2463 of such
title is repealed.
(g) CLERICAL AND CONFORMING AMENDMENTS.—
(1) SECTION 2461.—Section 2461(c) of such title, as redesig-
nated by subsection (c), is amended by striking ‘‘Subsections
(a) through (c) and subsection (g)’’ and inserting ‘‘This section’’.
(2) HEADINGS.—
(A) 2461.—The heading for section 2461 of such title
is amended to read as follows:
10 USC 2461
note.
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‘‘§ 2461. Public-private competition required before conver-
sion to contractor performance’’.
(B) 2461(b).—The heading for subsection (b) of such
section is amended to read as follows:
‘‘(b) CONGRESSIONAL NOTIFICATION.—’’.
(C) 2461a.—The heading for section 2461a of such title
is amended to read as follows:
‘‘§ 2461a. Development and implementation of system for
monitoring cost saving resulting from public-pri-
vate competitions’’.
(3) PUBLIC LAW 108–375.—Section 327 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108–375; 10 U.S.C. 2461 note) is repealed.
(4) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 146 of title 10, United States Code, is amended
by striking the items relating to sections 2461 through 2463
and inserting the following new items:
‘‘2461. Public-private competition required before conversion to contractor perform-
ance.
‘‘2461a. Development and implementation of system for monitoring cost saving re-
sulting from public-private competitions.
‘‘2462. Reports on public-private competition.’’.
SEC. 342. CONTRACTING FOR PROCUREMENT OF CERTAIN SUPPLIES
AND SERVICES.
Section 8014(a)(3) of the Department of Defense Appropriations
Act, 2005 (Public Law 108–287; 118 Stat. 972) is amended—
(1) in subparagraph (A), by inserting ‘‘, payment that could
be used in lieu of such a plan, health savings account, or
medical savings account’’ after ‘‘health insurance plan’’; and
(2) in subparagraph (B), by striking ‘‘that requires’’ and
all that follows through the end and inserting ‘‘that does not
comply with the requirements of any Federal law governing
the provision of health care benefits by Government contractors
that would be applicable if the contractor performed the activity
or function under the contract.’’.
SEC. 343. PERFORMANCE OF CERTAIN WORK BY FEDERAL GOVERN-
MENT EMPLOYEES.
(a) GUIDELINES.—
(1) IN GENERAL.—The Secretary of Defense shall prescribe
guidelines and procedures for ensuring that consideration is
given to using Federal Government employees for work that
is currently performed or would otherwise be performed under
Department of Defense contracts.
(2) CRITERIA.—The guidelines and procedures prescribed
under paragraph (1) shall provide for special consideration
to be given to contracts that—
(A) have been performed by Federal Government
employees at any time on or after October 1, 1980;
(B) are associated with the performance of inherently
governmental functions;
(C) were not awarded on a competitive basis; or
(D) have been determined by a contracting officer to
be poorly performed due to excessive costs or inferior
quality.
10 USC 2461
note.
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(b) USE OF FLEXIBLE HIRING AUTHORITY.—The Secretary shall
include the use of the flexible hiring authority available through
the National Security Personnel System in order to facilitate
performance by Federal Government employees of new require-
ments and work that is performed under Department of Defense
contracts.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘National Security Personnel System’’ means
the human resources management system established under
the authority of section 9902 of title 5, United States Code.
(2) The term ‘‘inherently governmental function’’ has the
meaning given that term in section 5 of the Federal Activities
Inventory Reform Act of 1998 (Public Law 105–270; 112 Stat.
2384; 31 U.S.C. 501 note).
SEC. 344. EXTENSION OF TEMPORARY AUTHORITY 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
‘‘2007’’; and
(2) in paragraph (1), by striking ‘‘, except that’’ and all
that follows through the end and inserting a period.
Subtitle F—Analysis, Strategies, and
Reports
SEC. 351. REPORT ON DEPARTMENT OF ARMY PROGRAMS FOR
PREPOSITIONING OF EQUIPMENT AND OTHER MATE-
RIEL.
(a) SECRETARY OF ARMY ASSESSMENT.—The Secretary of the
Army shall conduct an assessment of the programs of the Depart-
ment of Army for the prepositioning of equipment and other mate-
riel stocks. The assessment shall focus on how such programs
are configured to support the evolving goals of the Department
of Army and shall include an identification of each of the following:
(1) The key operational capabilities currently available in
both the afloat and ashore prepositioned stocks of the Army,
organized by geographic region, including inventory levels in
brigade sets, operational projects, and sustainment programs.
(2) Any significant shortfalls that exist in such stocks,
particularly in combat and support equipment, spare parts,
and munitions, and how the Army would mitigate those short-
falls 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 currently maintained at the Technical
Manual–10/20 standard required by the Army.
(4) The percentage of required cyclic maintenance per-
formed 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 internal
management reports of the Army with respect to such stocks
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are adequate and ensure an accurate portrayal of the readiness
of such stocks.
(6) The funding allocated and expended for prepositioning
programs for each fiscal year beginning with fiscal year 2000,
organized by region, and an assessment of whether the funding
levels for such programs have been adequate to maintain pro-
gram readiness.
(7) The facilities used to store and maintain brigade sets,
organized by region, and whether those facilities provide ade-
quate (or excess) capacity 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.—Not later than March 1, 2006, the Secretary shall
submit to Congress a report on the assessment under subsection
(a). The report shall include each of the matters specified in para-
graphs (1) through (8) of that subsection.
(c) COMPTROLLER GENERAL REVIEW.—Not later than 120 days
after the date of the receipt of the report under subsection (b),
the Comptroller General shall submit to Congress a review of
the assessment conducted by the Secretary of the Army under
subsection (a). The review under this subsection shall include the
following:
(1) The Comptroller General’s assessment of whether the
assessment by the Secretary of the Army under subsection
(a) comprehensively addresses each of the matters specified
in paragraphs (1) through (8) of that subsection.
(2) The extent to which any shortfall or other issue reported
by the Secretary of the Army or identified by the Comptroller
General has been addressed and an assessment of any plan
to address any remaining such shortfalls in the future.
SEC. 352. REPORTS ON BUDGET MODELS USED FOR BASE OPERATIONS
SUPPORT, SUSTAINMENT, AND FACILITIES RECAPITAL-
IZATION.
(a) REPORTS REQUIRED.—Not later than March 30 of each of
the calendar years 2006 through 2010, the Secretary of Defense
shall submit to the congressional defense committees a report
describing the models used to prepare the budget requests for
base operations support, sustainment, and facilities recapitalization
submitted to Congress by the President under section 1105(a) of
title 31, United States Code, for the next fiscal year.
(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 method-
ology since the previous report, an explanation of the changes
and the reasons therefor.
(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 Defense Agency under common
definitions of base operations support, sustainment, and facili-
ties recapitalization and, if common definitions are not being
used, an explanation of the differences and the reasons therefor.
(4) A description of the requested funding levels for base
operations support, sustainment, and facilities recapitalization
for the fiscal year covered by the report and the funding goals
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established for base operations support, sustainment, and facili-
ties recapitalization for at least the four succeeding fiscal years.
(5) If the requested funding levels for base operations sup-
port, sustainment, and facilities recapitalization for the fiscal
year covered by the report deviate from the goals for that
fiscal year contained in the preceding report, or the funding
goals established for succeeding fiscal years deviate from the
goals for those fiscal years contained in the preceding report,
a justification for the funding levels and goals and an expla-
nation of the reasons for the changes from the preceding report.
SEC. 353. ARMY TRAINING STRATEGY FOR BRIGADE-BASED COMBAT
TEAMS AND FUNCTIONAL SUPPORTING BRIGADES.
(a) TRAINING STRATEGY.—
(1) STRATEGY REQUIRED.—The Secretary of the Army shall
develop and implement a strategy for the training of brigade-
based combat teams and functional supporting brigades in order
to ensure the readiness of such teams and brigades.
(2) ELEMENTS.—The training strategy under paragraph (1)
shall include the following:
(A) A statement of the purpose of training for brigade-
based combat teams and functional supporting brigades.
(B) Performance goals for both active-component and
reserve-component brigade-based combat teams and func-
tional supporting brigades, including goals for live, virtual,
and constructive training.
(C) Metrics to quantify training performance against
the performance goals specified under subparagraph (B).
(D) A process to report the status of collective training
to Army leadership for monitoring the training performance
of brigade-based combat teams and functional supporting
brigades.
(E) A model to quantify, and to forecast, operation
and maintenance funding required for each fiscal year to
attain the performance goals specified under subparagraph
(B).
(3) TIMING
OF
IMPLEMENTATION.—The Secretary of the
Army shall develop and implement the training strategy under
paragraph (1) as soon as practicable.
(b) REPORT.—
(1) REPORT REQUIRED.—Not later than one year after the
date of the enactment of this Act, the Secretary of the Army
shall submit to the congressional defense committees a report
on the training strategy developed under subsection (a).
(2) ELEMENTS.—The report under paragraph (1) shall
include the following:
(A) A discussion of the training strategy developed
under subsection (a), including a description of the perform-
ance goals and metrics developed under that subsection.
(B) A discussion and description of the training ranges
and other essential elements required to support the
training strategy.
(C) A list of the funding requirements, shown by fiscal
year and set forth in a format consistent with the future-
years defense program to accompany the budget of the
President under section 221 of title 10, United States Code,
necessary to meet the requirements of the training ranges
10 USC 3013
note.
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and other essential elements described under subparagraph
(B).
(D) A schedule for the implementation of the training
strategy.
(c) COMPTROLLER GENERAL REVIEW OF IMPLEMENTATION.—
(1) IN GENERAL.—The Comptroller General shall monitor
the implementation of the training strategy developed under
subsection (a).
(2) REPORT.—Not later than 180 days after the date on
which the Secretary of the Army submits the report under
subsection (b), the Comptroller General shall submit to the
congressional defense committees a report containing the
assessment of the Comptroller General of the current progress
of the Army in implementing the training strategy.
SEC. 354. REPORT REGARDING EFFECT ON MILITARY READINESS OF
UNDOCUMENTED 
IMMIGRANTS 
TRESPASSING 
UPON
OPERATIONAL RANGES.
(a) REPORT CONTAINING ASSESSMENT AND RESPONSE PLAN.—
Not later than April 15, 2006, the Secretary of Defense shall submit
to Congress a report containing—
(1) an assessment 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 for the implementation of measures to prevent
such trespass.
(b) PREPARATION AND ELEMENTS OF ASSESSMENT.—The assess-
ment required by subsection (a)(1) shall be prepared by the Sec-
retary of Defense. The assessment shall include the following:
(1) A listing of the operational ranges adversely affected
by the trespass of undocumented immigrants upon operational
ranges.
(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 operational 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 barriers to vehicles and
persons, military patrols, border patrols, and sensors.
(c) PREPARATION AND ELEMENTS OF PLAN.—The plan required
by subsection (a)(2) shall be prepared jointly by the Secretary
of Defense and the Secretary of Homeland Security. The plan shall
include the following:
(1) The types of measures to be implemented to improve
prevention of trespass of undocumented immigrants upon oper-
ational ranges, including the specific physical methods, such
as barriers and increased patrols or monitoring, to be imple-
mented and any legal or other policy changes recommended
by the Secretaries.
10 USC 113 note.
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(2) The costs of, and timeline for, implementation of the
plan.
(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 period
covered by the report, in implementing measures recommended
in the plan required by subsection (a)(2) to prevent undocumented
immigrants from trespassing upon operational ranges. Each report
shall include the number and types of mitigation measures imple-
mented and the success of such measures in preventing such tres-
pass.
(e) DEFINITIONS.—In this section, the terms ‘‘operational range’’
and ‘‘range activities’’ have the meaning given those terms in section
101(e) of title 10, United States Code.
SEC. 355. REPORT REGARDING MANAGEMENT OF ARMY LODGING.
(a) REPORT ON MERITS AND IMPACTS OF PRIVATIZATION.—The
Secretary of the Army shall submit to Congress a report containing
the results of a study evaluating the merits of privatization of
Army lodging. The study should consider at a minimum the fol-
lowing:
(1) The potential overall costs and benefits of privatization
of Army lodging.
(2) Whether current lodging agreements with the Army
and Air Force Exchange Service to provide hospitality tele-
communication services would be impacted by privatization
and whether the proposed change will have an impact on funds
contributed to morale, welfare, and recreation accounts.
(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 venture.
(4) Whether privatization of Army lodging will provide
ancillary support facilities and services that might impact the
Army and Air Force Exchange Service and to what extent
such facilities and services may impact the funds contributed
to morale, welfare, and recreation accounts.
(5) The number of Army lodging personnel who would
be impacted by privatization and the total personnel-related
costs that could occur as a result of privatization.
(b) ARMY AND AIR FORCE EXCHANGE SERVICE PARTICIPATION
IN PRIVATIZATION.—The Army and Air Force Exchange Service shall
submit to Congress a report commenting on the feasibility of its
participation in privatization of Army lodging. The report should
include at a minimum the following:
(1) The potential overall costs and benefits of an Army
and Air Force Exchange Service partnership in Army lodging.
(2) Whether the Army and Air Force Exchange Service
can adequately participate as a partner in the management
of Army lodging, including whether such participation could
enhance the quality of lodging and improve access to such
lodging when provided through a nonprofit organization versus
a partnership with a for-profit corporation.
(3) Whether there are certain benefits, including cost bene-
fits, to having the Army and Air Force Exchange Service become
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the partner with the Army that would not exist were the
Army to partner with a private sector entity.
(4) The number of Army lodging personnel who would
be impacted by an Army and Air Force Exchange Service part-
nership and the total personnel related costs that could occur
as a result of such partnership.
(c) LIMITATION PENDING SUBMISSION
OF REPORT.—Until the
Secretary of the Army submits the report required by subsection
(a) to Congress, the Secretary 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.
SEC. 356. COMPTROLLER GENERAL REPORT ON CORROSION PREVEN-
TION AND MITIGATION PROGRAMS OF THE DEPARTMENT
OF DEFENSE.
(a) REPORT REQUIRED.—Not later than April 1, 2007, the Comp-
troller General shall submit to the congressional defense committees
a report on the effectiveness of the corrosion prevention and mitiga-
tion programs of the Department of Defense.
(b) ELEMENTS.—The report required by subsection (a) shall
include the following:
(1) An assessment of the document of the Department
of Defense entitled ‘‘Long-Term Strategy to Reduce Corrosion
and the Effects of Corrosion on the Military Equipment and
Infrastructure of the Department of Defense’’ and dated
November 2004.
(2) An assessment of the adequacy for purposes of the
strategy set forth in that document of the funding requested
in the budgets of the President for fiscal years 2006 and 2007,
as submitted to Congress pursuant to section 1105(a) of title
31, United States Code, and the associated Future-Years
Defense Program under section 221 of title 10, United States
Code.
(3) An assessment of the adequacy and effectiveness of
the organizational structure of the Department of Defense in
implementing that strategy.
(4) An assessment of the progress made as of the date
of the report in establishing throughout the Department
common metrics, definitions, and procedures on corrosion
prevention and mitigation.
(5) An assessment of the progress made as of the date
of the report in establishing a baseline estimate of the scope
of the corrosion problems of the Department.
(6) An assessment of the extent to which the strategy
of the Department on corrosion prevention and mitigation has
been revised to incorporate the recommendations contained
in the report of the Defense Science Board on corrosion control
issued in October 2004.
(7) An assessment of the implementation of the corrosion
prevention and mitigation programs of the Department during
fiscal year 2006.
(8) Such recommendations as the Comptroller General con-
siders appropriate for addressing any shortfalls or areas of
potential improvement identified in the review for purposes
of the report.
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SEC. 357. 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) an evaluation of the historical utilization of biodiesel
and ethanol fuel by the Armed Forces and the Defense Agencies,
including the quantity of biodiesel and ethanol fuel acquired
by the Department of Defense for the Armed Forces and the
Defense Agencies during the 5-year period ending on the date
of the report under subsection (c);
(2) a review and assessment of potential requirements for
increased use of biodiesel and ethanol fuel within the Depart-
ment of Defense and any research and development efforts
required to meet those increased requirements;
(3) based on the review under paragraph (2), 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;
(4) an assessment of the current and future commercial
availability of biodiesel and ethanol fuel, including facilities
for the production, storage, transportation, distribution, and
commercial sale of such fuel;
(5) an assessment of the utilization by the Department
of Defense of the commercial infrastructure for ethanol fuel
as described in paragraph (4);
(6) a review of the actions of the Department of Defense
to coordinate with State, local, and private entities to support
the expansion and use of alternative fuel refueling stations
that are accessible to the public; and
(7) an assessment of the fueling infrastructure on military
installations in the United States, including storage and dis-
tribution facilities, that could be adapted or converted for the
delivery of biodiesel and ethanol fuel, including—
(A) an assessment of cost of the adaptation or conver-
sion of such infrastructure to the delivery of biodiesel and
ethanol fuel; and
(B) an assessment of the feasibility and advisability
of that adaptation or conversion.
(c) REPORT.—Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the study
conducted under this section.
(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 estab-
lished by the Environmental Protection Agency under section
211 of the Clean Air Act (42 U.S.C. 7545).
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SEC. 358. REPORT ON EFFECTS OF WINDMILL FARMS ON MILITARY
READINESS.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the effects
of windmill farms on military readiness, including an assessment
of the effects on the operations of military radar installations of
the proximity of windmill farms to such installations and of tech-
nologies that could mitigate any adverse effects on military oper-
ations identified.
SEC. 359. REPORT ON SPACE-AVAILABLE TRAVEL FOR CERTAIN DIS-
ABLED VETERANS AND GRAY-AREA RETIREES.
(a) REPORT REQUIRED.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall submit
to Congress a report on the feasibility of providing transportation
on Department of Defense aircraft on a space-available basis for—
(1) veterans with a service-connected disability rating of
50 percent or higher;
(2) members and former members of a reserve component
under 60 years of age who, but for age, would be eligible
for retired pay under chapter 1223 of title 10, United States
Code; and
(3) dependents of persons described in paragraph (1) or
(2).
(b) CONSULTATION.—The Secretary of Defense shall prepare
the report in consultation with the Secretary of Veterans Affairs.
SEC. 360. REPORT ON JOINT FIELD TRAINING AND EXPERIMENTATION
ON 
STABILITY, 
SECURITY, 
TRANSITION, 
AND
RECONSTRUCTION OPERATIONS.
Not later than February 1, 2007, the Secretary of Defense
shall submit to the congressional defense committees a report on
joint field training and experimentation conducted to address mat-
ters relating to stability, security, transition, and reconstruction
operations during fiscal years 2005 and 2006. The report shall
include—
(1) a description of each such joint field training and
experimentation event, including a description of the participa-
tion of other Federal departments and agencies and of the
participation of allied and coalition partners;
(2) the findings of the Secretary as a result of such joint
field training and experimentation; and
(3) such recommendations as the Secretary considers appro-
priate in light of such joint field training and experimentation,
including recommendations with respect to legislative or
administrative action and recommendations for any funding
required to implement such action.
SEC. 361. REPORTS ON BUDGETING RELATING TO SUSTAINMENT OF
KEY MILITARY EQUIPMENT.
(a) REPORTS REQUIRED.—In each of 2006, 2007, and 2008, at
or about the time that the budget of the President is submitted
to Congress that year under section 1105(a) of title 31, United
States Code, the Secretary of Defense shall submit to Congress
a report on the budgeting of the Department of Defense for the
sustainment of key military equipment.
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(b) REPORT ELEMENTS.—The report required by subsection (a)
for a year shall set forth the following:
(1) A description of the current strategies of the Depart-
ment of Defense for sustaining key military equipment, and
for any modernization that will be required of such equipment.
(2) A description of the amounts required for the Depart-
ment for the fiscal year beginning in such year in order to
fully fund the strategies described in paragraph (1).
(3) A description of the amounts requested for the Depart-
ment for such fiscal year in order to fully fund such strategies.
(4) A description of the risks, if any, of failing to fund
such strategies in the amounts required to fully fund such
strategies (as specified in paragraph (2)).
(5) A description of the actions being taken by the Depart-
ment of Defense to mitigate the risks described in paragraph
(4).
(c) KEY MILITARY EQUIPMENT DEFINED.—In this section, the
term ‘‘key military equipment’’—
(1) means—
(A) major weapons systems that are essential to accom-
plishing the national defense strategy; and
(B) other military equipment, such as major command,
control, communications, computer, intelligence, surveil-
lance, and reconnaissance (C4ISR) equipment, and systems
designed to prevent fratricide, that is critical to the readi-
ness of military units; and
(2) includes equipment reviewed in the report of the Comp-
troller General of the United States numbered GAO–06–141.
SEC. 362. REPEAL OF AIR FORCE REPORT ON MILITARY INSTALLATION
ENCROACHMENT ISSUES.
Section 315 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118
Stat. 1843) is repealed.
Subtitle G—Other Matters
SEC. 371. SUPERVISION AND MANAGEMENT OF DEFENSE BUSINESS
TRANSFORMATION AGENCY.
Section 192 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(e) SPECIAL RULE FOR DEFENSE BUSINESS TRANSFORMATION
AGENCY.—(1) The Defense Business Transformation Agency shall
be supervised by the vice chairman of the Defense Business System
Management Committee.
‘‘(2) Notwithstanding the results of any periodic review under
subsection (c) with regard to the Defense Business Transformation
Agency, the Secretary of Defense shall designate that the Agency
be managed cooperatively by the Deputy Under Secretary of Defense
for Business Transformation and the Deputy Under Secretary of
Defense for Financial Management.’’.
SEC. 372. CODIFICATION AND REVISION OF LIMITATION ON MODIFICA-
TION OF MAJOR ITEMS OF EQUIPMENT SCHEDULED FOR
RETIREMENT OR DISPOSAL.
(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 disposal:
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 modifica-
tion of an aircraft, weapon, vessel, or other item of equipment
that the Secretary plans to retire or otherwise dispose of within
five years after the date on which the modification, if carried
out, would be completed.
‘‘(b) EXCEPTIONS.—
‘‘(1) EXCEPTION FOR BELOW-THRESHOLD MODIFICATIONS.—
The prohibition in subsection (a) does not apply to a modifica-
tion for which the cost is less than $100,000.
‘‘(2) EXCEPTION
FOR
TRANSFER
OF
REUSABLE
ITEMS
OF
VALUE.—The prohibition in subsection (a) does not apply to
a modification in a case in which—
‘‘(A) the reusable items of value, as determined by
the Secretary, installed on the item of equipment as part
of such modification will, upon the retirement or disposal
of the item to be modified, be removed from such item
of equipment, refurbished, and installed on another item
of equipment; and
‘‘(B) the cost of such modification (including the cost
of the removal and refurbishment of reusable items of
value under subparagraph (A)) is less than $1,000,000.
‘‘(3) EXCEPTION FOR SAFETY MODIFICATIONS.—The prohibi-
tion in subsection (a) does not apply to a safety modification.
‘‘(c) 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 modification is in the national security interest
of the United States. Whenever the Secretary issues such a waiver,
the Secretary shall notify the congressional defense committees
in writing.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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 expenditures
for modifications.’’.
(c) CONFORMING REPEAL.—Section 8053 of the Department of
Defense Appropriations Act, 1998 (Public Law 105–56; 10 U.S.C.
2241 note) is repealed.
SEC. 373. LIMITATION ON PURCHASE OF INVESTMENT ITEMS WITH
OPERATION AND MAINTENANCE FUNDS.
(a) LIMITATION
ON USE
OF OPERATION
AND MAINTENANCE
FUNDS.—Chapter 134 of title 10, United States Code, is amended
by inserting after section 2245 the following new section:
‘‘§ 2245a. Use of operation and maintenance funds for pur-
chase of investment items: limitation
‘‘Funds appropriated to the Department of Defense for operation
and maintenance may not be used to purchase 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.’’.
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(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting 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. 374. OPERATION AND USE OF GENERAL GIFT FUNDS OF THE
DEPARTMENT OF DEFENSE AND COAST GUARD.
Section 2601 of title 10, United States Code, is amended to
read as follows:
‘‘§ 2601. General gift funds
‘‘(a) GENERAL AUTHORITY TO ACCEPT GIFTS.—Subject to sub-
section (d)(2), the Secretary concerned may accept, hold, administer,
and spend any gift, devise, or bequest of real property, personal
property, or money made on the condition that the gift, devise,
or bequest be used for the benefit, or in connection with, the
establishment, operation, or maintenance, of a school, hospital,
library, museum, cemetery, or other institution or organization
under the jurisdiction of the Secretary.
‘‘(b) ADDITIONAL AUTHORITY TO ACCEPT GIFTS TO BENEFIT CER-
TAIN MEMBERS, DEPENDENTS, AND CIVILIAN EMPLOYEES.—(1) Sub-
ject to subsection (d)(2), the Secretary concerned may accept, hold,
administer, and spend any gift, devise, or bequest of real property,
personal property, money, or services made on the condition that
the gift, devise, or bequest be used for the benefit of—
‘‘(A) members of the armed forces, including members per-
forming full-time National Guard duty under section 502(f)
of title 32, who incur a wound, injury, or illness while in
the line of duty;
‘‘(B) civilian employees of the Department of Defense who
incur a wound, injury, or illness while in the line of duty;
‘‘(C) dependents of such members or employees; and
‘‘(D) survivors of such members or employees who are
killed.
‘‘(2) The Secretary concerned may not accept a gift of services
from a foreign government or international organization under this
subsection. A gift of real property, personal property, or money
from a foreign government or international organization may be
accepted under this subsection only if the gift is not designated
for a specific individual.
‘‘(3) The Secretary of Defense shall prescribe regulations speci-
fying the conditions that may be attached to a gift, devise, or
bequest accepted under this subsection.
‘‘(4) The authority to accept gifts, devises, or bequests under
this subsection expires on December 31, 2007.
‘‘(c) GIFT FUNDS.—Gifts and bequests of money, and the pro-
ceeds of the sale of property, received under subsection (a) or
(b) shall be deposited in the Treasury in the following accounts:
‘‘(1) The Department of the Army General Gift Fund, in
the case of deposits made by the Secretary of the Army.
‘‘(2) The Department of the Navy General Gift Fund, in
the case of deposits made by the Secretary of the Navy.
‘‘(3) The Department of the Air Force General Gift Fund,
in the case of deposits made by the Secretary of the Air Force.
‘‘(4) The Coast Guard General Gift Fund, in the case of
deposits made by the Secretary of Homeland Security.
Expiration date.
Regulations.
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‘‘(5) The Department of Defense General Gift Fund, in
the case of deposits made by the Secretary of Defense.
‘‘(d) USE OF GIFTS; PROHIBITIONS.—(1) Except as provided in
paragraph (2), property and money accepted under subsection (a)
or (b) may be used by the Secretary concerned, and services accepted
under subsection (b) may be performed, without further specific
authorization in law.
‘‘(2) Property and money may not be accepted under subsection
(a) and property, money, and services may not be accepted under
subsection (b)—
‘‘(A) if the use of the property or money or the performance
of the services in connection with any program, project, or
activity would result in the violation of any prohibition or
limitation otherwise applicable to such program, project, or
activity;
‘‘(B) if the conditions attached to the property, money,
or services are inconsistent with applicable law or regulations;
‘‘(C) if the Secretary concerned determines that the use
of the property or money or the performance of the services
would reflect unfavorably on the ability of the Department
of Defense or the Coast Guard, any employee of the Department
or Coast Guard, or any member of the armed forces to carry
out any responsibility or duty in a fair and objective manner;
or
‘‘(D) if the Secretary concerned determines that the use
of the property or money or the performance of the services
would compromise the integrity or appearance of integrity of
any program of the Department of Defense or Coast Guard,
or any individual involved in such a program.
‘‘(3) The Secretary concerned may disburse funds deposited
in a gift fund referred to in subsection (c) for the purposes specified
in subsections (a) and (b), subject to the terms of the gift, devise,
or bequest.
‘‘(e) PAYMENT OF EXPENSES.—The Secretary concerned may pay
all necessary expenses in connection with the conveyance or transfer
of a gift, devise, or bequest accepted under this section.
‘‘(f) TREATMENT OF GIFTS.—For the purposes of Federal income,
estate, and gift taxes, any property or money accepted under sub-
section (a) and any property, money, or services accepted under
subsection (b) shall be considered as a gift, devise, or bequest
to or for the use of the United States.
‘‘(g) MANAGEMENT OF FUNDS.—In the case of each gift fund
referred to in subsection (c), the Secretary of the Treasury, upon
the request of the Secretary concerned, may retain money, securi-
ties, and the proceeds of the sale of securities in the gift fund
and may invest money and reinvest the proceeds of the sale of
securities in the gift fund in securities of the United States or
in securities guaranteed as to principal and interest by the United
States. The interest and profits accruing from those securities shall
be deposited to the credit of the gift fund and may be disbursed
as provided in subsection (d).
‘‘(h) COMPTROLLER GENERAL REVIEW.—The Comptroller Gen-
eral shall make periodic audits of gifts, devises, and bequests
accepted under subsection (a) or (b) at such intervals as the Comp-
troller General determines to be warranted. The Comptroller Gen-
eral shall submit to Congress a report on the results of each
such audit.
Reports.
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‘‘(i) DEFINITIONS.—In this section:
‘‘(1) The term ‘Secretary concerned’ includes the Secretary
of Defense.
‘‘(2) The term ‘services’ includes activities that benefit the
morale, welfare, or recreation of members of the armed forces
and their dependents or are related or incidental to the convey-
ance of a gift, devise, or bequest of real property or personal
property under subsection (a) or (b).’’.
SEC. 375. INCLUSION OF PACKET BASED TELEPHONY IN DEPARTMENT
OF DEFENSE TELECOMMUNICATIONS BENEFIT.
(a) INCLUSION IN BENEFIT.—Subsection (a) of section 344 of
the National Defense Authorization Act for Fiscal Year 2004 (Public
Law 108–136; 117 Stat. 1448) is amended by inserting ‘‘packet
based telephony service,’’ after ‘‘prepaid phone cards,’’.
(b) INCLUSION OF INTERNET TELEPHONY IN DEPLOYMENT OF
ADDITIONAL TELEPHONE EQUIPMENT.—Subsection (e) of such section
is amended—
(1) by inserting ‘‘or Internet service’’ after ‘‘additional tele-
phones’’;
(2) by inserting ‘‘or packet based telephony’’ after ‘‘to facili-
tate telephone’’; and
(3) by inserting ‘‘or Internet access’’ after ‘‘installation of
telephones’’.
(c) CONFORMING
AMENDMENTS.—Such section is further
amended—
(1) in the heading for subsection (a), by striking ‘‘PREPAID
PHONE CARDS’’ and inserting ‘‘BENEFIT’’; and
(2) in the heading for subsection (e), by inserting ‘‘OR INTER-
NET ACCESS’’ after ‘‘TELEPHONE EQUIPMENT’’.
SEC. 376. LIMITATION ON FINANCIAL MANAGEMENT IMPROVEMENT
AND 
AUDIT 
INITIATIVES 
WITHIN 
DEPARTMENT 
OF
DEFENSE.
(a) LIMITATION.—During fiscal year 2006, the Secretary of
Defense may not obligate or expend any funds for the purpose
of any financial management improvement activity relating to the
preparation, processing, or auditing of financial statements until
the Secretary submits to the congressional defense committees each
of the following:
(1) A comprehensive and integrated financial management
improvement plan that—
(A) describes specific actions to be taken to correct
financial management deficiencies that impair the ability
of the Department of Defense to prepare timely, reliable,
and complete financial management information; and
(B) systematically ties such actions to process and con-
trol improvements and business systems modernization
efforts described in the business enterprise architecture
and transition plan required by section 2222 of title 10,
United States Code.
(2) A written determination that each financial manage-
ment improvement activity to be undertaken is—
(A) consistent with the financial management improve-
ment plan submitted pursuant to paragraph (1); and
(B) likely to improve internal controls or otherwise
result in sustained improvements in the ability of the
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Department to produce timely, reliable, and complete finan-
cial management information.
(b) EXCEPTION.—The limitation under subsection (a) shall not
apply to an activity directed exclusively at assessing the adequacy
of internal controls and remediating any inadequacy identified
pursuant to such an assessment.
SEC. 377. PROVISION OF WELFARE OF SPECIAL CATEGORY RESIDENTS
AT NAVAL STATION GUANTANAMO BAY, CUBA.
(a) IN GENERAL.—The Secretary of the Navy may provide for
the general welfare, including subsistence, housing, and health
care, of any person at Naval Station Guantanamo Bay, Cuba, who
is designated by the Secretary, not later than 90 days after the
date of the enactment of this Act, as a ‘‘special category resident’’.
(b) PROHIBITION ON CONSTRUCTION OF NEW FACILITIES.—The
authorization under subsection (a) shall not be construed as an
authorization for the construction a new housing facility or medical
treatment facility.
(c) PRIOR USE OF FUNDS.—Any obligation or expenditure of
funds for the general welfare of any person described in subsection
(a) before the date of the enactment of this Act is deemed to
be not subject to the provisions of chapter 13 of title 31, United
States Code.
SEC. 378. COMMEMORATION OF SUCCESS OF THE ARMED FORCES IN
OPERATION 
ENDURING 
FREEDOM 
AND 
OPERATION
IRAQI FREEDOM.
(a) CELEBRATION HONORING MILITARY EFFORTS IN OPERATION
ENDURING FREEDOM AND OPERATION IRAQI FREEDOM.—The Presi-
dent may—
(1) designate a day of celebration to honor the soldiers,
sailors, airmen, and Marines of the Armed Forces who have
served in Operation Enduring Freedom or Operation Iraqi
Freedom and have returned to the United States; and
(2) issue a proclamation calling on the people of the United
States to observe that day with appropriate ceremonies and
activities.
(b) PARTICIPATION OF ARMED FORCES IN CELEBRATION.—
(1) PARTICIPATION AUTHORIZED.—Members and units of the
Armed Forces may participate in activities associated with
a day of celebration designated under subsection (a) that are
held in Washington, District of Columbia.
(2) AVAILABILITY
OF
FUNDS.—Subject to paragraph (4),
amounts authorized to be appropriated for the Department
of Defense for fiscal year 2006 may be used to cover costs
associated with the participation of members and units of the
Armed Forces in the activities described in paragraph (1).
(3) ACCEPTANCE OF PRIVATE CONTRIBUTIONS.—(A) Notwith-
standing any other provision of law, the Secretary of Defense
may accept cash contributions from private individuals and
entities for the purposes of covering the costs of the participa-
tion of members and units of the Armed Forces in the activities
described in paragraph (1). Amounts so accepted shall be depos-
ited in an account established for purposes of this paragraph.
(B) Amounts accepted under subparagraph (A) may be
used for the purposes described in that subparagraph until
expended.
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(4) LIMITATION.—The total amount of funds described in
paragraph (2) that are available for the purpose set forth in
that paragraph may not exceed the amount equal to—
(A) $20,000,000, minus
(B) the amount of any cash contributions accepted
by the Secretary under paragraph (3).
(c) AWARD OF RECOGNITION ITEMS.—
(1) AUTHORITY TO AWARD.—Under regulations prescribed
by the Secretary of Defense, appropriate recognition items may
be awarded to any individual who served honorably as a
member of the Armed Forces in Operation Enduring Freedom
or Operation Iraqi Freedom during the Global War on Ter-
rorism. The purpose of the award of such items is to recognize
the contribution of such individuals to the success of the United
States in those operations.
(2) RECOGNITION ITEMS DEFINED.—In this subsection, the
term ‘‘recognition items’’ means recognition items authorized
for presentation under section 2261 of title 10, United States
Code (as added by section 589 of this Act).
Subtitle H—Utah Test and Training Range
SEC. 381. DEFINITIONS.
In this subtitle:
(1) The term ‘‘covered wilderness’’ means the wilderness
area designated by this subtitle and wilderness 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,
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 the Interior.
(2) 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.
(3) The term ‘‘Wilderness Act’’ means Public Law 88–577,
approved September 3, 1964 (16 U.S.C. 1131 et seq.).
SEC. 382. MILITARY OPERATIONS AND OVERFLIGHTS, UTAH TEST AND
TRAINING RANGE.
(a) FINDINGS.—The Congress finds the following:
(1) The testing and development of military weapons sys-
tems 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 designated by
section 384, as well as several wilderness study areas, are
located near lands withdrawn for military use or are beneath
special use airspace critical to the support of military test
and training missions at the Utah Test and Training Range.
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(4) The Utah Test and Training Range and special use
airspace withdrawn for military uses create unique manage-
ment circumstances for the covered wilderness in this subtitle,
and it is not the intent of Congress that passage of this subtitle
shall be construed as establishing a precedent with respect
to any future national conservation area or wilderness designa-
tion.
(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 subtitle, is a national
security priority and is not incompatible with the protection
and proper management of the natural, environmental, cul-
tural, and other resources of such lands.
(b) OVERFLIGHTS.—Nothing in this subtitle or the Wilderness
Act shall preclude low-level overflights and operations of military
aircraft, helicopters, missiles, or unmanned aerial vehicles over
the covered wilderness, including military overflights and operations
that can be seen or heard within the covered wilderness.
(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 airspace, 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 maintenance of existing commu-
nications, instrumentation, or electronic tracking systems (or infra-
structure supporting such systems) or prevent the installation of
new communication, instrumentation, or other equipment necessary
for effective testing and training to meet military requirements
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 des-
ignated 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).
(e) EMERGENCY ACCESS AND RESPONSE.—Nothing in this sub-
title or the Wilderness Act shall preclude the continuation of the
memorandum of understanding in existence as of the date of the
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 OPERATIONS.—Except
as provided in subsections (d) and (e), nothing in this section
shall be construed to permit a military 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
Federal law and consistent with the Wilderness Act.
SEC. 383. ANALYSIS OF MILITARY READINESS AND OPERATIONAL
IMPACTS IN PLANNING PROCESS FOR FEDERAL LANDS
IN UTAH TEST AND TRAINING RANGE.
The Secretary of the Interior shall develop, maintain, and revise
land use plans pursuant to section 202 of the Federal Land Policy
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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 consultation
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 readiness and operational
impacts of the proposed revision within six months of a request
from the Secretary of the Interior.
SEC. 384. 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 component of the National Wilder-
ness Preservation System 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 with-
drawn from all forms of entry, appropriation, 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 mate-
rials, 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 Secretary of the Interior
shall transmit a map and legal description of the Cedar Moun-
tain Wilderness Area to the Committee on Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate.
(2) LEGAL EFFECT.—The map and legal description 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 errors in the map and legal description.
(3) AVAILABILITY.—The map and legal description shall be
on file and available for public inspection in the office of the
Director of the Bureau of Land Management and the office
of the State Director 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 effective date of the Wilderness Act (or any similar reference)
shall be deemed to be a reference to the date of the enactment
of this Act.
(e) LAND ACQUISITION.—Any lands or interest in lands within
the boundaries of the Cedar Mountain Wilderness Area acquired
by the United States after the date of the enactment of this Act
shall be added to and administered as part of the Cedar Mountain
Wilderness Area.
(f) FISH AND WILDLIFE MANAGEMENT.—As provided 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.
National
Wilderness
Preservation
System.
16 USC 1132
note.
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(g) GRAZING.—Within the Cedar Mountain Wilderness Area,
the grazing of livestock, where established before the date of the
enactment of this Act, shall be permitted to continue subject to
such reasonable regulations, policies, and practices as the Secretary
of the Interior considers 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 Public 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 designa-
tion of the Cedar Mountain Wilderness Area to lead to the creation
of protective perimeters or buffer zones around the wilderness area.
The fact that nonwilderness activities or uses can be seen or heard
within the wilderness area shall not, of itself, preclude such activi-
ties or uses up to the boundary of the wilderness area.
(i) RELEASE FROM WILDERNESS STUDY AREA STATUS.—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 U.S.C.
1782(c)) pertaining to the management of wilderness study areas
in a manner that does not impair the suitability of those areas
for preservation of wilderness.
SEC. 385. RELATION TO 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.
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.
Sec. 403. Additional authority for increases of Army and Marine Corps active duty
end strengths for fiscal years 2007 through 2009.
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—AUTHORIZATION OF APPROPRIATIONS
Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
(a) IN GENERAL.—The Armed Forces are authorized strengths
for active duty personnel as of September 30, 2006, as follows:
10 USC 115 note.
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(1) The Army, 512,400.
(2) The Navy, 352,700.
(3) The Marine Corps, 179,000.
(4) The Air Force, 357,400.
(b) LIMITATION.—
(1) ARMY.—The authorized strength for the Army provided
in paragraph (1) of subsection (a) for active duty personnel
for fiscal year 2006 is subject to the condition that costs of
active duty personnel of the Army for that fiscal year in excess
of 482,400 shall be paid out of funds authorized to be appro-
priated for that fiscal year for a contingent emergency reserve
fund or as an emergency supplemental appropriation.
(2) MARINE CORPS.—The authorized strength for the Marine
Corps provided in paragraph (3) of subsection (a) for active
duty personnel for fiscal year 2006 is subject to the condition
that costs of active duty personnel of the Marine Corps for
that fiscal year in excess of 175,000 shall be paid out of funds
authorized to be appropriated for that fiscal year for a contin-
gent emergency reserve fund or as an emergency supplemental
appropriation.
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH
MINIMUM LEVELS.
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, 502,400.
‘‘(2) For the Navy, 352,700.
‘‘(3) For the Marine Corps, 179,000.
‘‘(4) For the Air Force, 357,400.’’.
SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY AND
MARINE CORPS ACTIVE DUTY END STRENGTHS FOR
FISCAL YEARS 2007 THROUGH 2009.
Effective October 1, 2006, the text of section 403 of the Ronald
W. Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108–375; 118 Stat. 1863) is amended to read
as follows:
‘‘(a) AUTHORITY.—
‘‘(1) ARMY.—For each of fiscal years 2007, 2008, and 2009,
the Secretary of Defense may, as the Secretary determines
necessary for the purposes specified in paragraph (3), establish
the active-duty end strength for the Army at a number greater
than the number otherwise authorized by law up to the number
equal to the fiscal-year 2006 baseline plus 20,000.
‘‘(2) MARINE CORPS.—For each of fiscal years 2007, 2008,
and 2009, the Secretary of Defense may, as the Secretary
determines necessary for the purposes specified in paragraph
(3), establish the active-duty end strength for the Marine Corps
at a number greater than the number otherwise authorized
by law up to the number equal to the fiscal-year 2006 baseline
plus 5,000.
‘‘(3) PURPOSE
OF
INCREASES.—The purposes for which
increases may be made in Army and Marine Corps active
duty end strengths under paragraphs (1) and (2) are—
‘‘(A) to support operational missions; and
‘‘(B) to achieve transformational reorganization objec-
tives, including objectives for increased numbers of combat
Effective date.
10 USC 115
notes.
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brigades and battalions, increased unit manning, force sta-
bilization and shaping, and rebalancing of the active and
reserve component forces.
‘‘(4) FISCAL-YEAR 2006 BASELINE.—In this subsection, the
term ‘fiscal-year 2006 baseline’, with respect to the Army and
Marine Corps, means the active-duty end strength authorized
for those services in section 401 of the National Defense
Authorization Act for Fiscal Year 2006.
‘‘(5) ACTIVE-DUTY END STRENGTH.—In this subsection, the
term ‘active-duty end strength’ means the strength for active-
duty personnel of one the Armed Forces as of the last day
of a fiscal year.
‘‘(b) RELATIONSHIP
TO PRESIDENTIAL WAIVER AUTHORITY.—
Nothing in this section shall be construed to limit the President’s
authority under section 123a of title 10, United States Code, to
waive any statutory end strength in a time of war or national
emergency.
‘‘(c) RELATIONSHIP
TO
OTHER
VARIANCE
AUTHORITY.—The
authority under subsection (a) is in addition to the authority to
vary authorized end strengths that is provided in subsections (e)
and (f) of section 115 of title 10, United States Code.
‘‘(d) BUDGET TREATMENT.—
‘‘(1) FISCAL YEAR 2007 BUDGET.—The budget for the Depart-
ment of Defense for fiscal year 2007 as submitted to Congress
shall comply, with respect to funding, with subsections (c) and
(d) of section 691 of title 10, United States Code.
‘‘(2) OTHER INCREASES.—If the Secretary of Defense plans
to increase the Army or Marine Corps active duty end strength
for a fiscal year under subsection (a), then the budget for
the Department of Defense for that fiscal year as submitted
to Congress shall include the amounts necessary for funding
that active duty end strength in excess of the fiscal year 2006
active duty end strength authorized for that service under
section 401 of the National Defense Authorization Act for Fiscal
Year 2006.’’.
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 Navy 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.
(b) ADJUSTMENTS.—The end strengths prescribed by subsection
(a) for the Selected Reserve of any reserve component shall be
proportionately reduced by—
(1) the total authorized strength of units organized 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
10 USC 12001
note.
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(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 participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released
from active duty during any fiscal year, the end strength prescribed
for such fiscal year for the Selected Reserve of such reserve compo-
nent shall be increased proportionately 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 SUP-
PORT 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 number of Reserves to be serving
on full-time active duty or full-time duty, in the case of members
of the National Guard, for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 27,396.
(2) The Army Reserve, 15,270.
(3) The Navy Reserve, 13,392.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 13,123.
(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 reserve components
of the Army and the Air Force (notwithstanding 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, 9,852.
(4) For the Air National Guard of the United States, 22,971.
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 technicians employed by the National Guard
as of September 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 techni-
cians 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.
10 USC 115 note.
10 USC 12001
note.
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(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.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED
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—Authorization of
Appropriations
SEC. 421. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Depart-
ment of Defense for military personnel for fiscal year 2006 a total
of $108,942,746,000. The authorization in the preceding sentence
supersedes any other authorization of appropriations (definite or
indefinite) for such purpose for fiscal year 2006.
SEC. 422. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year
2006 from the Armed Forces Retirement Home Trust Fund the
sum of $58,281,000 for the operation of the Armed Forces Retire-
ment Home.
TITLE V—MILITARY PERSONNEL
POLICY
SUBTITLE A—OFFICER PERSONNEL POLICY
Sec. 501. Temporary increase in percentage limits on reduction of time-in-grade re-
quirements for retirement in grade upon voluntary retirement.
Sec. 502. Two-year renewal of temporary authority to reduce minimum length of
commissioned service required for voluntary retirement as an officer.
Sec. 503. Exclusion from active-duty general and flag officer distribution and
strength limitations of officers on leave pending separation or retire-
ment or between senior positions.
Sec. 504. Consolidation of grade limitations on officer assignment and insignia
practice known as frocking.
Sec. 505. Clarification of deadline for receipt by promotion selection boards of cer-
tain communications from eligible officers.
Sec. 506. Furnishing to promotion selection boards of adverse information on offi-
cers eligible for promotion to certain senior grades.
Sec. 507. Applicability of officer distribution and strength limitations to officers
serving in intelligence community positions.
Sec. 508. Grades of the Judge Advocates General.
Sec. 509. Authority to retain permanent professors at the Naval Academy beyond
30 years of active commissioned service.
Sec. 510. Authority for designation of a general/flag officer position on the Joint
Staff to be held by reserve component general or flag officer on active
duty.
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SUBTITLE B—RESERVE COMPONENT MANAGEMENT
Sec. 511. Separation at age 64 for reserve component senior officers.
Sec. 512. Modification of strength-in-grade limitations applicable to Reserve flag of-
ficers in active status.
Sec. 513. Military technicians (dual status) mandatory separation.
Sec. 514. Military retirement credit for certain service by National Guard members
performed while in a State duty status immediately after the terrorist
attacks of September 11, 2001.
Sec. 515. Redesignation of the Naval Reserve as the Navy Reserve.
Sec. 516. Clarification of certain authorities relating to the Commission on the Na-
tional Guard and Reserves.
Sec. 517. Report on employment matters for members of the reserve components.
Sec. 518. Defense Science Board study on deployment of members of the National
Guard and Reserves in the Global War on Terrorism.
Sec. 519. Sense of Congress on certain matters relating to the National Guard and
Reserves.
Sec. 520. Pilot program on enhanced quality of life for members of the Army Re-
serve and their families.
SUBTITLE C—EDUCATION AND TRAINING
PART I—DEPARTMENT OF DEFENSE SCHOOLS GENERALLY
Sec. 521. Authority for National Defense University award of degree of Master of
Science in Joint Campaign Planning and Strategy.
Sec. 522. Authority for certain professional military education schools to receive
faculty research grants for certain purposes.
PART II—UNITED STATES NAVAL POSTGRADUATE SCHOOL
Sec. 523. Revision to mission of the Naval Postgraduate School.
Sec. 524. Modification of eligibility for position of President of the Naval Post-
graduate School.
Sec. 525. Increased enrollment for eligible defense industry employees in the de-
fense product development program at Naval Postgraduate School.
Sec. 526. Instruction for enlisted personnel by the Naval Postgraduate School.
PART III—RESERVE OFFICERS’ TRAINING CORPS
Sec. 531. Repeal of limitation on amount of financial assistance under ROTC schol-
arship programs.
Sec. 532. Increase in annual limit on number of ROTC scholarships under Army
Reserve and National Guard program.
Sec. 533. Procedures for suspending financial assistance and subsistence allowance
for Senior ROTC cadets and midshipmen on the basis of health-related
conditions.
Sec. 534. Eligibility of United States nationals for appointment to the Senior Re-
serve Officers’ Training Corps.
Sec. 535. Promotion of foreign language skills among members of the Reserve Offi-
cers’ Training Corps.
Sec. 536. Designation of Ike Skelton Early Commissioning Program Scholarships.
PART IV—OTHER MATTERS
Sec. 537. Enhancement of educational loan repayment authorities.
Sec. 538. Payment of expenses of members of the Armed Forces to obtain profes-
sional credentials.
Sec. 539. Use of Reserve Montgomery GI Bill benefits and benefits for mobilized
members of the Selected Reserve and National Guard for payments for
licensing or certification tests.
Sec. 540. Modification of educational assistance for reserves supporting contingency
and other operations.
SUBTITLE D—GENERAL SERVICE REQUIREMENTS
Sec. 541. Ground combat and other exclusion policies.
Sec. 542. Uniform citizenship or residency requirements for enlistment in the
Armed Forces.
Sec. 543. Increase in maximum age for enlistment.
Sec. 544. Increase in maximum term of original enlistment in regular component.
Sec. 545. National Call to Service program.
Sec. 546. Reports on information provided to potential recruits and to new entrants
into the Armed Forces on ‘‘stop loss’’ authorities and initial period of
military service obligation.
SUBTITLE E—MILITARY JUSTICE AND LEGAL ASSISTANCE MATTERS
Sec. 551. Offense of stalking under the Uniform Code of Military Justice.
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Sec. 552. Rape, sexual assault, and other sexual misconduct under Uniform Code
of Military Justice.
Sec. 553. Extension of statute of limitations for murder, rape, and child abuse of-
fenses under the Uniform Code of Military Justice.
Sec. 554. Reports by officers and senior enlisted members of conviction of criminal
law.
Sec. 555. Clarification of authority of military legal assistance counsel to provide
military legal assistance without regard to licensing requirements.
Sec. 556. Use of teleconferencing in administrative sessions of courts-martial.
Sec. 557. Sense of Congress on applicability of Uniform Code of Military Justice to
Reserves on inactive-duty training overseas.
SUBTITLE F—MATTERS RELATING TO CASUALTIES
Sec. 561. Authority for members on active duty with disabilities to participate in
Paralympic Games.
Sec. 562. Policy and procedures on casualty assistance to survivors of military dece-
dents.
Sec. 563. Policy and procedures on assistance to severely wounded or injured serv-
ice members.
Sec. 564. Designation by members of the Armed Forces of persons authorized to di-
rect the disposition of member remains.
SUBTITLE G—ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES FOR DEFENSE
DEPENDENTS EDUCATION
Sec. 571. Expansion of authorized enrollment in Department of Defense dependents
schools overseas.
Sec. 572. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian employees.
Sec. 573. Impact aid for children with severe disabilities.
Sec. 574. Continuation of impact aid assistance on behalf of dependents of certain
members despite change in status of member.
SUBTITLE H—DECORATIONS AND AWARDS
Sec. 576. Eligibility for Operation Enduring Freedom campaign medal.
SUBTITLE I—CONSUMER PROTECTION MATTERS
Sec. 577. Requirement for regulations on policies and procedures on personal com-
mercial solicitations on Department of Defense installations.
Sec. 578. Consumer education for members of the Armed Forces and their spouses
on insurance and other financial services.
Sec. 579. Report on predatory lending practices directed at members of the Armed
Forces and their dependents.
SUBTITLE J—REPORTS AND SENSE OF CONGRESS STATEMENTS
Sec. 581. Report on need for a personnel plan for linguists in the Armed Forces.
Sec. 582. Sense of Congress that colleges and universities give equal access to mili-
tary recruiters and ROTC in accordance with the Solomon Amendment
and requirement for report to Congress.
Sec. 583. Sense of Congress concerning study of options for providing homeland de-
fense education.
Sec. 584. Sense of Congress recognizing the diversity of the members of the Armed
Forces serving in Operation Iraqi Freedom and Operation Enduring
Freedom and honoring their sacrifices and the sacrifices of their fami-
lies.
SUBTITLE K—OTHER MATTERS
Sec. 589. Expansion and enhancement of authority to present recognition items for
recruitment and retention purposes.
Sec. 590. Extension of date of submittal of report of Veterans’ Disability Benefits
Commission.
Sec. 591. Recruitment and enlistment of home-schooled students in the Armed
Forces.
Sec. 592. Modification of requirement for certain intermediaries under certain au-
thorities relating to adoptions.
Sec. 593. Adoption leave for members of the Armed Forces adopting children.
Sec. 594. Addition of information to be covered in mandatory preseparation coun-
seling.
Sec. 595. Report on Transition Assistance Programs.
Sec. 596. Improvement to Department of Defense capacity to respond to sexual as-
sault affecting members of the Armed Forces.
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Sec. 597. Authority for appointment of Coast Guard flag officer as Chief of Staff to
the President.
Sec. 598. Prayer at military service academy activities.
Sec. 599. Modification of authority to make military working dogs available for
adoption.
Subtitle A—Officer Personnel Policy
SEC. 501. TEMPORARY INCREASE IN PERCENTAGE LIMITS ON REDUC-
TION OF TIME-IN-GRADE REQUIREMENTS FOR RETIRE-
MENT IN GRADE UPON VOLUNTARY RETIREMENT.
Section 1370(a)(2) of title 10, United States Code, is amended
by adding at the end the following new subparagraph:
‘‘(F) Notwithstanding subparagraph (E), during the period
ending on December 31, 2007, the number of lieutenant colonels
and colonels of the Air Force, and the number of commanders
and captains of the Navy, for whom a reduction is made under
this section during any fiscal year in the period of service-in-
grade otherwise required under this paragraph may not exceed
four percent of the authorized active-duty strength for that fiscal
year for officers of that armed force in that grade.’’.
SEC. 502. TWO-YEAR RENEWAL OF TEMPORARY AUTHORITY TO
REDUCE MINIMUM LENGTH OF COMMISSIONED SERVICE
REQUIRED 
FOR 
VOLUNTARY 
RETIREMENT 
AS 
AN
OFFICER.
(a) ARMY.—Section 3911(b) of title 10, United States Code,
is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) in paragraph (1), as so designated, by striking ‘‘during
the period beginning on October 1, 1990, and ending on
December 31, 2001’’ and inserting ‘‘during the period specified
in paragraph (2),’’; and
(3) by adding at the end the following new paragraph:
‘‘(2) The period specified in this paragraph is the period begin-
ning on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2006 and ending on December
31, 2008.’’.
(b) NAVY AND MARINE CORPS.—Section 6323(a)(2) of such title
is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’;
(2) in subparagraph (A), as so designated, by striking
‘‘during the period beginning on October 1, 1990, and ending
on December 31, 2001’’ and inserting ‘‘during the period speci-
fied in subparagraph (B),’’; and
(3) by adding at the end the following new subparagraph:
‘‘(B) The period specified in this subparagraph is the period
beginning on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2006 and ending on December
31, 2008.’’.
(c) AIR FORCE.—Section 8911(b) of such title is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) in paragraph (1), as so designated, by striking ‘‘during
the period beginning on October 1, 1990, and ending on
December 31, 2001’’ and inserting ‘‘during the period specified
in paragraph (2),’’; and
(3) by adding at the end the following new paragraph:
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‘‘(2) The period specified in this paragraph is the period begin-
ning on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2006 and ending on December
31, 2008.’’.
SEC. 503. EXCLUSION FROM ACTIVE-DUTY GENERAL AND FLAG
OFFICER DISTRIBUTION AND STRENGTH LIMITATIONS
OF OFFICERS ON LEAVE PENDING SEPARATION OR
RETIREMENT OR BETWEEN SENIOR POSITIONS.
(a) DISTRIBUTION LIMITATIONS.—Section 525 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
‘‘(e) In determining the total number of general officers or
flag officers of an armed force on active duty for purposes of this
section, the following officers shall not be counted:
‘‘(1) An officer of that armed force in the grade of brigadier
general or above or, in the case of the Navy, in the grade
of rear admiral (lower half) or above, who is on leave pending
the retirement, separation, or release of that officer from active
duty, but only during the 60-day period beginning on the date
of the commencement of such leave of such officer.
‘‘(2) An officer of that armed force who has been relieved
from a position designated under section 601(a) of this title
and is under orders to assume another such position, but only
during the 60-day period beginning on the date on which those
orders are published.’’.
(b) ACTIVE-DUTY STRENGTH LIMITATIONS.—
(1) IN
GENERAL.—Section 526 of such title is amended
by adding at the end the following new subsection:
‘‘(e) EXCLUSION
OF CERTAIN OFFICERS PENDING SEPARATION
OR RETIREMENT OR BETWEEN SENIOR POSITIONS.—The limitations
of this section do not apply to a general or flag officer who is
covered by an exclusion under section 525(e) of this title.’’.
(2) CONFORMING AMENDMENT.—The heading of subsection
(d) of such section is amended by striking ‘‘CERTAIN OFFICERS’’
and inserting ‘‘CERTAIN RESERVE OFFICERS’’.
(c) PROHIBITION OF FROCKING TO GRADES ABOVE MAJOR GEN-
ERAL AND REAR ADMIRAL.—Section 777(a) of such title is amended
by inserting ‘‘in a grade below the grade of major general or,
in the case of the Navy, rear admiral,’’ after ‘‘An officer’’ in the
first sentence.
SEC. 504. CONSOLIDATION OF GRADE LIMITATIONS ON OFFICER
ASSIGNMENT 
AND 
INSIGNIA 
PRACTICE 
KNOWN 
AS
FROCKING.
Section 777(d) of title 10, United States Code, is amended—
(1) in paragraph (1)—
(A) by striking ‘‘brigadier generals and Navy rear
admirals (lower half)’’ and inserting ‘‘colonels, Navy cap-
tains, brigadier generals, and rear admirals (lower half)’’;
and
(B) by striking ‘‘the grade of’’ and all that follows
through ‘‘30’’ and inserting ‘‘the next higher grade may
not exceed 85’’;
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
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SEC. 505. CLARIFICATION OF DEADLINE FOR RECEIPT BY PROMOTION
SELECTION BOARDS OF CERTAIN COMMUNICATIONS
FROM ELIGIBLE OFFICERS.
(a) OFFICERS
ON ACTIVE-DUTY LIST.—Section 614(b) of title
10, United States Code, is amended in the first sentence by inserting
‘‘the day before’’ after ‘‘not later than’’.
(b) OFFICERS ON RESERVE ACTIVE-STATUS LIST.—Section 14106
of such title is amended in the second sentence by inserting ‘‘the
day before’’ after ‘‘not later than’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on March 1, 2006, and shall apply with respect
to selection boards convened on or after that date.
SEC. 506. FURNISHING TO PROMOTION SELECTION BOARDS OF
ADVERSE INFORMATION ON OFFICERS ELIGIBLE FOR
PROMOTION TO CERTAIN SENIOR GRADES.
(a) OFFICERS ON ACTIVE-DUTY LIST.—
(1) IN GENERAL.—Section 615(a) of title 10, United States
Code, is amended—
(A) by redesignating paragraphs (3), (4), (5), and (6)
as paragraphs (4), (5), (6), and (7), respectively; and
(B) by inserting after paragraph (2) the following new
paragraph (3):
‘‘(3) In the case of an eligible officer considered for promotion
to a grade above colonel or, in the case of the Navy, captain,
any credible information of an adverse nature, including any
substantiated adverse finding or conclusion from an officially docu-
mented investigation or inquiry, shall be furnished to the selection
board in accordance with standards and procedures set out in
the regulations prescribed by the Secretary of Defense pursuant
to paragraph (1).’’.
(2) CONFORMING
AMENDMENTS.—Such section is further
amended—
(A) in paragraph (4), as redesignated by paragraph
(1)(A) of this subsection, by striking ‘‘paragraph (2)’’ and
inserting ‘‘paragraphs (2) and (3)’’;
(B) in paragraph (5), as so redesignated, by striking
‘‘and (3)’’ and inserting ‘‘, (3), and (4)’’;
(C) in paragraph (6), as so redesignated—
(i) in the matter preceding subparagraph (A), by
inserting ‘‘, or in paragraph (3),’’ after ‘‘paragraph (2)’’;
and
(ii) in subparagraph (B), by inserting ‘‘or (3), as
applicable’’ after ‘‘paragraph (2)’’; and
(D) in subparagraph (A) of paragraph (7), as so redesig-
nated, by inserting ‘‘or (3)’’ after ‘‘paragraph (2)(B)’’.
(b) RESERVE OFFICERS.—
(1) IN GENERAL.—Section 14107(a) of title 10, United States
Code, is amended—
(A) by redesignating paragraphs (3), (4), (5), and (6)
as paragraphs (4), (5), (6), and (7), respectively; and
(B) by inserting after paragraph (2) the following new
paragraph (3):
‘‘(3) In the case of an eligible officer considered for promotion
to a grade above colonel or, in the case of the Navy, captain,
any credible information of an adverse nature, including any
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substantiated adverse finding or conclusion from an officially docu-
mented investigation or inquiry, shall be furnished to the selection
board in accordance with standards and procedures set out in
the regulations prescribed by the Secretary of Defense pursuant
to paragraph (1).’’.
(2) CONFORMING
AMENDMENTS.—Such section is further
amended—
(A) in paragraph (4), as redesignated by paragraph
(1)(A) of this subsection, by striking ‘‘paragraph (2)’’ and
inserting ‘‘paragraphs (2) and (3)’’;
(B) in paragraph (5), as so redesignated, by striking
‘‘and (3)’’ and inserting ‘‘, (3), and (4)’’;
(C) in paragraph (6), as so redesignated—
(i) in the matter preceding subparagraph (A), by
inserting ‘‘, or in paragraph (3),’’ after ‘‘paragraph (2)’’;
and
(ii) in subparagraph (B), by inserting ‘‘or (3), as
applicable’’ after ‘‘paragraph (2)’’; and
(D) in subparagraph (A) of paragraph (7), as so redesig-
nated, by inserting ‘‘or (3)’’ after ‘‘paragraph (2)(B)’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 1, 2006, and shall apply with respect
to promotion selection boards convened on or after that date.
SEC. 507. APPLICABILITY OF OFFICER DISTRIBUTION AND STRENGTH
LIMITATIONS TO OFFICERS SERVING IN INTELLIGENCE
COMMUNITY POSITIONS.
(a) IN GENERAL.—Section 528 of title 10, United States Code,
is amended to read as follows:
‘‘§ 528. Exclusion: officers serving in certain intelligence posi-
tions
‘‘(a) EXCLUSION OF OFFICER SERVING IN CERTAIN CIA POSI-
TIONS.—When either of the individuals serving in a position speci-
fied in subsection (b) is an officer of the armed forces, one of
those officers, while serving in that position, shall be excluded
from the limitations in sections 525 and 526 of this title.
‘‘(b) COVERED POSITIONS.—The positions referred to in this
subsection are the following:
‘‘(1) Director of the Central Intelligence Agency.
‘‘(2) Deputy Director of the Central Intelligence Agency.
‘‘(c) ASSOCIATE DIRECTOR OF CIA FOR MILITARY SUPPORT.—
An officer of the armed forces serving in the position of Associate
Director of the Central Intelligence Agency for Military Support,
while serving in that position, shall be excluded from the limitations
in sections 525 and 526 of this title.
‘‘(d) OFFICERS SERVING IN OFFICE OF DNI.—A general or flag
officer of the armed forces assigned to a position in the Office
of the Director of National Intelligence designated by agreement
between the Secretary of Defense and the Director of National
Intelligence, while serving in that position, shall be excluded from
the limitations in sections 525 and 526 of this title, except that
not more than five such officers may be so excluded at any time.’’.
(b) CLERICAL AMENDMENT.—The item relating to such section
in the table of sections at the beginning of chapter 32 of such
title is amended to read as follows:
‘‘528. Exclusion: officers serving in certain intelligence positions.’’.
10 USC 615 note.
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SEC. 508. GRADES OF THE JUDGE ADVOCATES GENERAL.
(a) JUDGE ADVOCATE GENERAL OF THE ARMY.—Section 3037(a)
of title 10, United States Code, is amended by striking the last
sentence and inserting the following new sentences: ‘‘The Judge
Advocate General, while so serving, shall hold a grade not lower
than major general. An officer appointed as Assistant Judge Advo-
cate General who holds a lower regular grade shall be appointed
in the regular grade of major general.’’.
(b) JUDGE ADVOCATE GENERAL OF THE NAVY.—Section 5148(b)
of such title is amended by striking the last sentence and inserting
the following new sentence: ‘‘The Judge Advocate General, while
so serving, shall hold a grade not lower than rear admiral or
major general, as appropriate.’’.
(c) JUDGE ADVOCATE GENERAL OF THE AIR FORCE.—Section
8037(a) of such title is amended by striking the last sentence
and inserting the following new sentence: ‘‘The Judge Advocate
General, while so serving, shall hold a grade not lower than major
general.’’.
SEC. 509. AUTHORITY TO RETAIN PERMANENT PROFESSORS AT THE
NAVAL ACADEMY BEYOND 30 YEARS OF ACTIVE COMMIS-
SIONED SERVICE.
(a) WAIVER
OF
MANDATORY
RETIREMENT
FOR
YEARS
OF
SERVICE.—
(1) LIEUTENANT COLONELS AND COMMANDERS.—Section 633
of title 10, United States Code, is amended—
(A) by striking ‘‘Except an’’ and all that follows through
‘‘except as provided’’ and inserting ‘‘(a) 28 YEARS OF ACTIVE
COMMISSIONED SERVICE.—Except as provided in subsection
(b) and as provided’’; and
(B) by adding at the end the following:
‘‘(b) EXCEPTIONS.—Subsection (a) does not apply to the fol-
lowing:
‘‘(1) An officer of the Navy or Marine Corps who is an
officer designated for limited duty to whom section 5596(e)
or 6383 of this title applies.
‘‘(2) An officer of the Navy or Marine Corps who is a
permanent professor at the United States Naval Academy.’’.
(2) COLONELS AND NAVY CAPTAINS.—Section 634 of such
title is amended—
(A) by striking ‘‘Except an’’ and all that follows through
‘‘except as provided’’ and inserting ‘‘(a) 30 YEARS OF ACTIVE
COMMISSIONED SERVICE.—Except as provided in subsection
(b) and as provided’’; and
(B) by adding at the end the following:
‘‘(b) EXCEPTIONS.—Subsection (a) does not apply to the fol-
lowing:
‘‘(1) An officer of the Navy who is designated for limited
duty to whom section 6383(a)(4) of this title applies.
‘‘(2) An officer of the Navy or Marine Corps who is a
permanent professor at the United States Naval Academy.’’.
(b) AUTHORITY
FOR RETENTION
OF PERMANENT PROFESSORS
BEYOND 30 YEARS.—
(1) AUTHORITY.—Chapter 603 of such title is amended by
inserting after section 6969 the following new section:
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‘‘§ 6970. Permanent professors: retirement for years of
service; authority for deferral
‘‘(a) RETIREMENT FOR YEARS OF SERVICE.—(1) Except as pro-
vided in subsection (b), an officer of the Navy or Marine Corps
serving as a permanent professor at the Naval Academy in the
grade of commander or lieutenant colonel who is not on a list
of officers recommended for promotion to the grade of captain
or colonel, as the case may be, shall, if not earlier retired, be
retired on the first day of the month after the month in which
the officer completes 28 years of active commissioned service.
‘‘(2) Except as provided in subsection (b), an officer of the
Navy or Marine Corps serving as a permanent professor at the
Naval Academy in the grade of captain or colonel who is not
on a list of officers recommended for promotion to the grade of
rear admiral (lower half) or brigadier general, as the case may
be, shall, if not earlier retired, be retired on the first day of the
month after the month in which the officer completes 30 years
of active commissioned service.
‘‘(b) CONTINUATION ON ACTIVE DUTY.—(1) An officer subject
to retirement under subsection (a) may have his retirement deferred
and be continued on active duty by the Secretary of the Navy.
‘‘(2) Subject to section 1252 of this title, the Secretary of the
Navy shall determine the period of any continuation on active
duty under this section.
‘‘(c) ELIGIBILITY FOR PROMOTION.—A permanent professor at
the Naval Academy in the grade of commander or lieutenant colonel
who is continued on active duty as a permanent professor under
subsection (b) remains eligible for consideration for promotion to
the grade of captain or colonel, as the case may be.
‘‘(d) RETIRED GRADE AND RETIRED PAY.—Each officer retired
under this section—
‘‘(1) unless otherwise entitled to a higher grade, shall be
retired in the grade determined under section 1370 of this
title; and
‘‘(2) is entitled to retired pay computed under section 6333
of this title.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 6969 the following new item:
‘‘6970. Permanent professors: retirement for years of service; authority for defer-
ral.’’.
(c) MANDATORY RETIREMENT AT AGE 64.—
(1) REORGANIZATION AND STANDARDIZATION.—Chapter 63
of such title is amended by inserting after section 1251 the
following new section:
‘‘§ 1252. Age 64: permanent professors at academies
‘‘(a) MANDATORY RETIREMENT FOR AGE.—Unless retired or sepa-
rated earlier, each regular commissioned officer of the Army, Navy,
Air Force, or Marine Corps covered by subsection (b) shall be
retired on the first day of the month following the month in which
the officer becomes 64 years of age.
‘‘(b) COVERED OFFICERS.—This section applies to the following
officers:
‘‘(1) An officer who is a permanent professor or the director
of admissions of the United States Military Academy.
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‘‘(2) An officer who is a permanent professor at the United
States Naval Academy.
‘‘(3) An officer who is a permanent professor or the registrar
of the United States Air Force Academy.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1251 the following new item:
‘‘1252. Age 64: permanent professors at academies.’’.
(3) CONFORMING AMENDMENT.—Section 1251(a) of such title
is amended—
(A) in the first sentence, by inserting ‘‘, a permanent
professor at the United States Naval Academy,’’ after ‘‘Air
Force Academy’’; and
(B) by striking the second sentence.
(d) CONFORMING AMENDMENTS RELATING TO COMPUTATION OF
RETIRED PAY.—
(1) AGE
64
RETIREMENT.—Chapter 71 of such title is
amended—
(A) in the table in section 1401(a), by inserting at
the bottom of the column under the heading ‘‘For sections’’,
in the entry for Formula Number 5, the following: ‘‘1252’’;
and
(B) in the table in section 1406(b)(1), by inserting at
the bottom of the first column the following: ‘‘1252’’.
(2) YEARS-OF-SERVICE
RETIREMENT.—Section 6333(a) of
such title is amended—
(A) in the matter preceding the table, by inserting
‘‘6970 or’’ after ‘‘section’’; and
(B) in the table, by inserting ‘‘6970’’ immediately below
‘‘6325(b)’’ in the column under the heading ‘‘For sections’’,
in the entry for Formula B.
SEC. 510. AUTHORITY FOR DESIGNATION OF A GENERAL/FLAG
OFFICER POSITION ON THE JOINT STAFF TO BE HELD
BY RESERVE COMPONENT GENERAL OR FLAG OFFICER
ON ACTIVE DUTY.
Section 526(b)(2)(A) of title 10, United States Code, is amended
by inserting ‘‘, and a general and flag officer position on the Joint
Staff,’’ after ‘‘combatant commands’’.
Subtitle B—Reserve Component
Management
SEC. 511. SEPARATION AT AGE 64 FOR RESERVE COMPONENT SENIOR
OFFICERS.
Section 14512(a) of title 10, United States Code, is amended—
(1) by inserting ‘‘(1)’’ before ‘‘Unless retired,’’;
(2) by striking ‘‘who is Chief’’ and all that follows through
‘‘of a State,’’ and inserting ‘‘who is specified in paragraph (2)’’;
and
(3) by adding at the end the following new paragraph:
‘‘(2) Paragraph (1) applies to a reserve officer of the Army
or Air Force who is any of the following:
‘‘(A) The Chief of the National Guard Bureau.
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‘‘(B) The Chief of the Army Reserve, Chief of the Air
Force Reserve, Director of the Army National Guard, or Director
of the Air National Guard.
‘‘(C) An adjutant general.
‘‘(D) If a reserve officer of the Army, the commanding
general of the troops of a State.’’.
SEC. 512. MODIFICATION OF STRENGTH-IN-GRADE LIMITATIONS
APPLICABLE TO RESERVE FLAG OFFICERS IN ACTIVE
STATUS.
(a) LINE OFFICERS.—The table in paragraph (1) of section
12004(c) of title 10, United States Code, is amended by striking
‘‘28’’ in the item relating to Line officers and inserting ‘‘33’’.
(b) MEDICAL DEPARTMENT STAFF CORPS OFFICERS.—Such table
is further amended by striking ‘‘9’’ in the item relating to Medical
Department staff corps officers and inserting ‘‘5’’.
(c) SUPPLY CORPS OFFICERS.—Paragraph (2)(A) of such section
is amended by striking ‘‘seven’’ and inserting ‘‘six’’.
(d) CONFORMING AMENDMENT.—Paragraph (1) of such section
is further amended in the matter preceding the table by striking
‘‘39’’ and inserting ‘‘40’’.
SEC. 513. MILITARY TECHNICIANS (DUAL STATUS) MANDATORY SEPA-
RATION.
(a) DEFERRAL OF SEPARATION.—Section 10216 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
‘‘(f) DEFERRAL OF MANDATORY SEPARATION.—The Secretary of
the Army shall implement personnel policies so as to allow a mili-
tary technician (dual status) who continues to meet the require-
ments of this section for dual status to continue to serve beyond
a mandatory removal date for officers, and any applicable maximum
years of service limitation, until the military technician (dual status)
reaches age 60 and attains eligibility for an unreduced annuity
(as defined in section 10218(c) of this title).’’.
(b) EFFECTIVE DATE.—The Secretary of the Army shall imple-
ment subsection (f) of section 10216 of title 10, United States
Code, as added by subsection (a), not later than 90 days after
the date of the enactment of this Act.
SEC. 514. MILITARY RETIREMENT CREDIT FOR CERTAIN SERVICE BY
NATIONAL GUARD MEMBERS PERFORMED WHILE IN A
STATE DUTY STATUS IMMEDIATELY AFTER THE TER-
RORIST ATTACKS OF SEPTEMBER 11, 2001.
(a) RETIREMENT CREDIT.—Service of a member of the Ready
Reserve of the Army National Guard or Air National Guard
described in subsection (b) shall be deemed to be service creditable
under section 12732(a)(2)(A)(i) of title 10, United States Code.
(b) COVERED SERVICE.—Service referred to in subsection (a)
is full-time State active duty service that a member of the National
Guard performed on or after September 11, 2001, and before October
1, 2002, in any of the counties specified in subsection (c) to support
a Federal declaration of emergency following the terrorist attacks
on the United States of September 11, 2001.
(c) COVERED COUNTIES.—The counties referred to in subsection
(b) are the following:
(1) In the State of New York: Bronx, Kings, New York
(boroughs of Brooklyn and Manhattan), Queens, Richmond,
10 USC 10216
note.
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Delaware, Dutchess, Nassau, Orange, Putnam, Rockland, Suf-
folk, Sullivan, Ulster, and Westchester.
(2) In the State of Virginia: Arlington.
(d) APPLICABILITY.—Subsection (a) shall take effect as of Sep-
tember 11, 2001.
SEC. 515. REDESIGNATION OF THE NAVAL RESERVE AS THE NAVY
RESERVE.
(a) REDESIGNATION OF RESERVE COMPONENT.—
(1) REDESIGNATION.—The reserve component of the Armed
Forces known as the Naval Reserve is redesignated as the
Navy Reserve.
(2) CONFORMING REPEAL.—Section 517 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108–375; 118 Stat. 1884; 10 U.S.C. 10101
note) is repealed.
(b) CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES
CODE.—
(1) TEXT AMENDMENTS.—Title 10, United States Code, is
amended by striking ‘‘Naval Reserve’’ each place it appears
in the following provisions and inserting ‘‘Navy Reserve’’:
(A) Section 513(a).
(B) Section 516.
(C) Section 526(b)(2)(C)(i).
(D) Section 971(a).
(E) Section 5001(a)(1).
(F) Section 5143.
(G) Section 5596(c).
(H) Section 6323(f).
(I) Section 6327.
(J) Section 6330(b).
(K) Section 6331(a)(2).
(L) Section 6336.
(M) Section 6389.
(N) Section 6911(c)(1).
(O) Section 6913(a).
(P) Section 6915.
(Q) Section 6954(b)(3).
(R) Section 6956(a)(2).
(S) Section 6959.
(T) Section 7225.
(U) Section 7226.
(V) Section 7605(1).
(W) Section 7852.
(X) Section 7853.
(Y) Section 7854.
(Z) Section 10101(3).
(AA) Section 10108.
(BB) Section 10172.
(CC) Section 10301(a)(7).
(DD) Section 10303.
(EE) Section 12004(e)(2).
(FF) Section 12005.
(GG) Section 12010.
(HH) Section 12011(a)(2).
(II) Section 12012(a).
(JJ) Section 12103.
10 USC 10101
note.
Effective date.
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(KK) Section 12205.
(LL) Section 12207(b)(2).
(MM) Section 12732.
(NN) Section 12774(b) (other than the first place it
appears).
(OO) Section 14002(b).
(PP) Section 14101(a)(1).
(QQ) Section 14107(d).
(RR) Section 14302(a)(1)(A).
(SS) Section 14313(b).
(TT) Section 14501(a).
(UU) Section 14512(b).
(VV) Section 14705(a).
(WW) Section 16201(d)(1)(B)(ii).
(2) SUBSECTION CAPTION AMENDMENTS.—Such title is fur-
ther amended in sections 971(a) and 5143(a) by striking ‘‘NAVAL
RESERVE’’ and inserting ‘‘NAVY RESERVE’’.
(3) SECTION HEADING AMENDMENTS.—Such title is further
amended as follows:
(A) The heading of section 5143 is amended to read
as follows:
‘‘§ 5143. Office of Navy Reserve: appointment of Chief’’.
(B) The heading of section 6327 is amended to read
as follows:
‘‘§ 6327. Officers and enlisted members of the Navy Reserve
and Marine Corps Reserve: 30 years; 20 years;
retired pay’’.
(C) The heading of section 6389 is amended to read
as follows:
‘‘§ 6389. Navy Reserve and Marine Corps Reserve; officers:
elimination from active status; computation of
total commissioned service’’.
(D) The heading of section 7225 is amended to read
as follows:
‘‘§ 7225. Navy Reserve flag’’.
(E) The heading of section 7226 is amended to read
as follows:
‘‘§ 7226. Navy Reserve yacht pennant’’.
(F) The heading of section 10108 is amended to read
as follows:
‘‘§ 10108. Navy Reserve: administration’’.
(G) The heading of section 10172 is amended to read
as follows:
‘‘§ 10172. Navy Reserve Force’’.
(H) The heading of section 10303 is amended to read
as follows:
‘‘§ 10303. Navy Reserve Policy Board’’.
(I) The heading of section 12010 is amended to read
as follows:
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‘‘§ 12010. Computations for Navy Reserve and Marine Corps
Reserve: rule when fraction occurs in final
result’’.
(J) The heading of section 14306 is amended to read
as follows:
‘‘§ 14306. Establishment of promotion zones: Navy Reserve
and Marine Corps Reserve running mate system’’.
(4) TABLES OF SECTIONS AMENDMENTS.—Such title is fur-
ther amended as follows:
(A) The item relating to section 5143 in the table
of sections at the beginning of chapter 513 is amended
to read as follows:
‘‘5143. Office of Navy Reserve: appointment of Chief.’’.
(B) The item relating to section 6327 in the table
of sections at the beginning of chapter 571 is amended
to read as follows:
‘‘6327. Officers and enlisted members of the Navy Reserve and Marine Corps Re-
serve: 30 years; 20 years; retired pay.’’.
(C) The item relating to section 6389 in the table
of sections at the beginning of chapter 573 is amended
to read as follows:
‘‘6389. Navy Reserve and Marine Corps Reserve; officers: elimination from active
status; computation of total commissioned service.’’.
(D) The items relating to sections 7225 and 7226 in
the table of sections at the beginning of chapter 631 are
amended to read as follows:
‘‘7225. Navy Reserve flag.
‘‘7226. Navy Reserve yacht pennant.’’.
(E) The item relating to section 10108 in the table
of sections at the beginning of chapter 1003 is amended
to read as follows:
‘‘10108. Navy Reserve: administration.’’.
(F) The item relating to section 10172 in the table
of sections at the beginning of chapter 1006 is amended
to read as follows:
‘‘10172. Navy Reserve Force.’’.
(G) The item relating to section 10303 in the table
of sections at the beginning of chapter 1009 is amended
to read as follows:
‘‘10303. Navy Reserve Policy Board.’’.
(H) The item relating to section 12010 in the table
of sections at the beginning of chapter 1201 is amended
to read as follows:
‘‘12010. Computations for Navy Reserve and Marine Corps Reserve: rule when frac-
tion occurs in final result.’’.
(I) The item relating to section 14306 in the table
of sections at the beginning of chapter 1405 is amended
to read as follows:
‘‘14306. Establishment of promotion zones: Navy Reserve and Marine Corps Reserve
running mate system.’’.
(c) CONFORMING AMENDMENT
TO TITLE 14, UNITED STATES
CODE.—Section 705 of title 14, United States Code, is amended
by striking ‘‘Naval Reserve’’ each place it appears and inserting
‘‘Navy Reserve’’.
(d) CONFORMING AMENDMENTS TO TITLE 37, UNITED STATES
CODE.—
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(1) TEXT AMENDMENTS.—Title 37, United States Code, is
amended by striking ‘‘Naval Reserve’’ each place it appears
in the following provisions and inserting ‘‘Navy Reserve’’:
(A) Section 101(24)(C).
(B) Section 201(d).
(C) Section 205(a)(2)(I).
(D) Section 301c(d).
(E) Section 319(a).
(F) Section 905.
(2) SUBSECTION CAPTION AMENDMENT.—Section 301c(d) of
such title is further amended by striking ‘‘NAVAL RESERVE’’
and inserting ‘‘NAVY RESERVE’’.
(e) CONFORMING AMENDMENTS TO TITLE 38, UNITED STATES
CODE.—Title 38, United States Code, is amended by striking ‘‘Naval
Reserve’’ each place it appears in the following provisions and
inserting ‘‘Navy Reserve’’:
(1) Section 101(27)(B).
(2) Section 3002(6)(C).
(3) Section 3202(1)(C)(iii).
(4) Section 3452(a)(3)(C).
(f) CONFORMING AMENDMENTS TO OTHER CODIFIED TITLES.—
(1) TITLE 5, UNITED STATES CODE.—Section 2108(1)(B) of
title 5, United States Code, is amended by striking ‘‘Naval
Reserve’’ and inserting ‘‘Navy Reserve’’.
(2) TITLE 18, UNITED
STATES
CODE.—Section 2387(b) of
title 18, United States Code, is amended by striking ‘‘Naval
Reserve’’ and inserting ‘‘Navy Reserve’’.
(3) TITLE 46, UNITED STATES CODE.—Title 46, United States
Code, is amended as follows:
(A) Sections 8103(g) and 8302(g) are amended by
striking ‘‘Naval Reserve’’ each place it appears and
inserting ‘‘Navy Reserve’’.
(B) The heading of section 8103 is amended to read
as follows:
‘‘§ 8103. Citizenship and Navy Reserve requirements’’.
(C) The table of sections at the beginning of chapter
81 is amended by striking the item relating to section
8103 and inserting the following new item:
‘‘8103. Citizenship and Navy Reserve requirements.’’.
(g) CONFORMING AMENDMENTS TO OTHER LAWS.—
(1) Section 2301(4)(C) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6671(4)(C)) is amended by
striking ‘‘Naval Reserve’’ and inserting ‘‘Navy Reserve’’.
(2) The Merchant Marine Act, 1936 is amended—
(A) by striking ‘‘Naval Reserve’’ each place it appears
in sections 301(b) (46 U.S.C. App. 1131(b)), 1303 (46 U.S.C.
App. 1295b), and 1304 (46 U.S.C. App. 1295c) and inserting
‘‘Navy Reserve’’; and
(B) by striking ‘‘NAVAL RESERVE’’ in sections 1303(c)
and 1304(h) and inserting ‘‘NAVY RESERVE’’:
(3) The Military Selective Service Act is amended—
(A) in section 6(a)(1) (50 U.S.C. App. 456(a)(1)), by
striking ‘‘United States Naval Reserves’’ and inserting
‘‘members of the United States Navy Reserve’’; and
(B) in section 16(i) (50 U.S.C. App. 466(i)), by striking
‘‘Naval Reserve’’ and inserting ‘‘Navy Reserve’’.
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(h) OTHER REFERENCES.—Any reference in any law, regulation,
document, record, or other paper of the United States to the Naval
Reserve, other than a reference to the Naval Reserve regarding
the United States Naval Reserve Retired List, shall be considered
to be a reference to the Navy Reserve.10 USC 10101 note.
SEC. 516. CLARIFICATION OF CERTAIN AUTHORITIES RELATING TO
THE COMMISSION ON THE NATIONAL GUARD AND
RESERVES.
(a) NATURE OF COMMISSION.—Subsection (a) of section 513 of
the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108–375; 118 Stat. 1880) is amended
by inserting ‘‘in the legislative branch’’ after ‘‘There is established’’.
(b) PAY
OF MEMBERS.—Subsection (e)(1) of such section is
amended by striking ‘‘except that’’ and all that follows through
the end and inserting ‘‘except that—
‘‘(A) in applying the first sentence of subsection (a) of
section 957 of such Act to the Commission, ‘may’ shall be
substituted for ‘shall’; and
‘‘(B) in applying subsections (a), (c)(2), and (e) of section
957 of such Act to the Commission, ‘level IV of the Executive
Schedule’ shall be substituted for ‘level V of the Executive
Schedule’.’’.
(c) TECHNICAL AMENDMENT.—Subsection (c)(2)(C) of such sec-
tion is amended by striking ‘‘section 404(a)(4)’’ and inserting ‘‘section
416(a)(4)’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 28, 2004, as if included in the enactment
of the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005.
SEC. 517. REPORT ON EMPLOYMENT MATTERS FOR MEMBERS OF THE
RESERVE COMPONENTS.
(a) REQUIREMENT FOR REPORT.—Not later than 270 days after
the date of the enactment of this Act, the Comptroller General
shall submit to Congress a report on problems faced by members
of the reserve components with respect to employment as a result
of being ordered to perform full-time National Guard duty or being
ordered to active duty.
(b) SPECIFIC MATTERS.—In preparing the report under sub-
section (a), the Comptroller General shall include the following:
(1) TYPE OF EMPLOYERS.—An estimate of the number of
employers of members of the reserve components who are pri-
vate-sector employers and the number who are public-sector
employers.
(2) SIZE OF EMPLOYERS.—An estimate of the number of
employers of members of the reserve components who employ
fewer than 50 full-time employees.
(3) SELF-EMPLOYED.—An estimate of the number of mem-
bers of the reserve components who are self-employed.
(4) NATURE OF BUSINESS.—A description of the nature of
the business of employers of members of the reserve compo-
nents.
(5) REEMPLOYMENT DIFFICULTIES.—A description of difficul-
ties faced by members of the reserve components in gaining
reemployment after having performed full-time National Guard
duty or active duty, including difficulties faced by members
who are disabled as a result of their service.
10 USC 10101
note.
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SEC. 518. DEFENSE SCIENCE BOARD STUDY ON DEPLOYMENT OF MEM-
BERS OF THE NATIONAL GUARD AND RESERVES IN THE
GLOBAL WAR ON TERRORISM.
(a) STUDY REQUIRED.—The Defense Science Board shall conduct
a study on the length and frequency of the deployment of members
of the National Guard and the Reserves as a result of the global
war on terrorism.
(b) ELEMENTS.—The study required by subsection (a) shall
include the following:
(1) An identification of the current range of lengths and
frequencies of deployments of members of the National Guard
and the Reserves.
(2) An assessment of the consequences for force structure,
morale, and mission capability of deployments of members of
the National Guard and the Reserves in the course of the
global war on terrorism that are lengthy, frequent, or both.
(3) An identification of the optimal length and frequency
of deployments of members of the National Guard and the
Reserves during the global war on terrorism.
(4) An identification of mechanisms to reduce the length,
frequency, or both of deployments of members of the National
Guard and the Reserves during the global war on terrorism.
(c) REPORT.—Not later than May 1, 2006, the Defense Science
Board shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report on the study required by subsection (a).
The report shall include the results of the study and such rec-
ommendations as the Defense Science Board considers appropriate
in light of the study.
SEC. 519. SENSE OF CONGRESS ON CERTAIN MATTERS RELATING TO
THE NATIONAL GUARD AND RESERVES.
It is the sense of Congress—
(1) to recognize the important and integral role played
by members of the Active Guard and Reserve and military
technicians (dual status) in the efforts of the Armed Forces;
and
(2) to urge the Secretary of Defense to promptly resolve
issues relating to appropriate authority for payment of reenlist-
ment bonuses stemming from reenlistment contracts entered
into between January 14, 2005, and April 17, 2005, involving
members of the Army National Guard and military technicians
(dual status).
SEC. 520. PILOT PROGRAM ON ENHANCED QUALITY OF LIFE FOR MEM-
BERS OF THE ARMY RESERVE AND THEIR FAMILIES.
(a) PILOT PROGRAM REQUIRED.—
(1) IN GENERAL.—The Secretary of the Army shall carry
out a pilot program to assess the feasibility and advisability
of using a coalition of military and civilian community personnel
in order to enhance the quality of life for members of the
Army Reserve and their families.
(2) LOCATIONS.—The Secretary shall carry out the pilot
program in areas of the United States in which members of
the Army Reserve and their families are concentrated. The
Secretary shall select one area in two States for purposes
of the pilot program.
10 USC 10101
note.
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(b) PARTICIPATING PERSONNEL.—A coalition of personnel under
the pilot program shall include—
(1) military personnel; and
(2) appropriate members of the civilian community, such
as clinicians and teachers, who volunteer for participation in
the coalition.
(c) REPORT.—Not later than April 1, 2007, the Secretary shall
submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives
a report on the pilot program carried out under this section. The
report shall include—
(1) a description of the pilot program;
(2) an assessment of the benefits of using a coalition of
military and civilian community personnel in order to enhance
the quality of life for members of the Army Reserve and their
families; and
(3) such recommendations for legislative or administrative
action as the Secretary considers appropriate in light of the
pilot program.
Subtitle C—Education and Training
PART I—DEPARTMENT OF DEFENSE SCHOOLS
GENERALLY
SEC. 521. AUTHORITY FOR NATIONAL DEFENSE UNIVERSITY AWARD
OF DEGREE OF MASTER OF SCIENCE IN JOINT CAMPAIGN
PLANNING AND STRATEGY.
(a) JOINT FORCES STAFF COLLEGE PROGRAM.—Section 2163 of
title 10, United States Code, is amended to read as follows:
‘‘§ 2163. National Defense University: master of science
degrees
‘‘(a) AUTHORITY TO AWARD SPECIFIED DEGREES.—The President
of the National Defense University, upon the recommendation of
the faculty of the respective college or other school within the
University, may confer the master of science degrees specified in
subsection (b).
‘‘(b) AUTHORIZED DEGREES.—The following degrees may be
awarded under subsection (a):
‘‘(1) MASTER OF SCIENCE IN NATIONAL SECURITY STRATEGY.—
The degree of master of science in national security strategy,
to graduates of the University who fulfill the requirements
of the program of the National War College.
‘‘(2) 
MASTER
OF
SCIENCE
IN
NATIONAL
RESOURCE
STRATEGY.—The degree of master of science in national resource
strategy, to graduates of the University who fulfill the require-
ments of the program of the Industrial College of the Armed
Forces.
‘‘(3) MASTER OF SCIENCE IN JOINT CAMPAIGN PLANNING AND
STRATEGY.—The degree of master of science in joint campaign
planning and strategy, to graduates of the University who
fulfill the requirements of the program of the Joint Advanced
Warfighting School at the Joint Forces Staff College.
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‘‘(c) REGULATIONS.—The authority provided by this section shall
be exercised under regulations prescribed by the Secretary of
Defense.’’.
(b) CLERICAL AMENDMENT.—The item relating to section 2163
in the table of sections at the beginning of chapter 108 of such
title is amended to read as follows:
‘‘2163. National Defense University: master of science degrees.’’.
(c) EFFECTIVE DATE.—Paragraph (3) of section 2163(b) of title
10, United States Code, as amended by subsection (a), shall take
effect for degrees awarded after May 2005.
SEC. 522. AUTHORITY FOR CERTAIN PROFESSIONAL MILITARY EDU-
CATION SCHOOLS TO RECEIVE FACULTY RESEARCH
GRANTS FOR CERTAIN PURPOSES.
(a) NATIONAL DEFENSE UNIVERSITY.—Section 2165 of title 10,
United States Code, is amended by adding at the end the following
new subsection:
‘‘(e) ACCEPTANCE OF FACULTY RESEARCH GRANTS.—(1) The Sec-
retary of Defense may authorize the President of the National
Defense University to accept qualifying research grants. Any such
grant may only be accepted if the work under the grant is to
be carried out by a professor or instructor of one of the institutions
comprising the University for a scientific, literary, or educational
purpose.
‘‘(2) A qualifying research grant under this subsection is a
grant that is awarded on a competitive basis by an entity referred
to in paragraph (3) for a research project with a scientific, literary,
or educational purpose.
‘‘(3) A grant may be accepted under this subsection only from
a corporation, fund, foundation, educational institution, or similar
entity that is organized and operated primarily for scientific, lit-
erary, or educational purposes.
‘‘(4) The Secretary shall establish an account for administering
funds received as research grants under this subsection. The Presi-
dent of the University shall use the funds in the account in accord-
ance with applicable provisions of the regulations and the terms
and condition of the grants received.
‘‘(5) Subject to such limitations as may be provided in appropria-
tions Acts, appropriations available for the National Defense
University may be used to pay expenses incurred by the University
in applying for, and otherwise pursuing, the award of qualifying
research grants.
‘‘(6) The Secretary shall prescribe regulations for the adminis-
tration of this subsection.’’.
(b) ARMY WAR COLLEGE.—
(1) IN GENERAL.—Chapter 407 of such title is amended
by adding at the end the following new section:
‘‘§ 4417. United States Army War College: acceptance of
grants for faculty research for scientific, literary,
and educational purposes
‘‘(a) ACCEPTANCE OF RESEARCH GRANTS.—The Secretary of the
Army may authorize the Commandant of the United States Army
War College to accept qualifying research grants. Any such grant
may only be accepted if the work under the grant is to be carried
out by a professor or instructor of the College for a scientific,
literary, or educational purpose.
Regulations.
10 USC 2163
note.
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‘‘(b) QUALIFYING GRANTS.—A qualifying research grant under
this section is a grant that is awarded on a competitive basis
by an entity referred to in subsection (c) for a research project
with a scientific, literary, or educational purpose.
‘‘(c) ENTITIES FROM WHICH GRANTS MAY BE ACCEPTED.—A
grant may be accepted under this section only from a corporation,
fund, foundation, educational institution, or similar entity that is
organized and operated primarily for scientific, literary, or edu-
cational purposes.
‘‘(d) ADMINISTRATION OF GRANT FUNDS.—The Secretary shall
establish an account for administering funds received as research
grants under this section. The Commandant shall use the funds
in the account in accordance with applicable provisions of the regu-
lations and the terms and condition of the grants received.
‘‘(e) RELATED EXPENSES.—Subject to such limitations as may
be provided in appropriations Acts, appropriations available for
the Army War College may be used to pay expenses incurred
by the College in applying for, and otherwise pursuing, the award
of qualifying research grants.
‘‘(f) REGULATIONS.—The Secretary shall prescribe regulations
for the administration of this section.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by adding at the end
the following new item:
‘‘4417. United States Army War College: acceptance of grants for faculty research
for scientific, literary, and educational purposes.’’.
(c) UNITED STATES NAVAL POSTGRADUATE SCHOOL.—
(1) IN GENERAL.—Chapter 605 of such title is amended
by adding at the end the following new section:
‘‘§ 7050. Grants for faculty research for scientific, literary,
and educational purposes: acceptance; author-
ized grantees
‘‘(a) ACCEPTANCE OF RESEARCH GRANTS.—The Secretary of the
Navy may authorize the President of the Naval Postgraduate School
to accept qualifying research grants. Any such grant may only
be accepted if the work under the grant is to be carried out by
a professor or instructor of the School for a scientific, literary,
or educational purpose.
‘‘(b) QUALIFYING GRANTS.—A qualifying research grant under
this section is a grant that is awarded on a competitive basis
by an entity referred to in subsection (c) for a research project
with a scientific, literary, or educational purpose.
‘‘(c) ENTITIES FROM WHICH GRANTS MAY BE ACCEPTED.—A
grant may be accepted under this section only from a corporation,
fund, foundation, educational institution, or similar entity that is
organized and operated primarily for scientific, literary, or edu-
cational purposes.
‘‘(d) ADMINISTRATION OF GRANT FUNDS.—The Secretary shall
establish an account for administering funds received as research
grants under this section. The President of the Naval Postgraduate
School shall use the funds in the account in accordance with
applicable provisions of the regulations and the terms and condition
of the grants received.
‘‘(e) RELATED EXPENSES.—Subject to such limitations as may
be provided in appropriations Acts, appropriations available for
the Naval Postgraduate School may be used to pay expenses
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incurred by the School in applying for, and otherwise pursuing,
the award of qualifying research grants.
‘‘(f) REGULATIONS.—The Secretary shall prescribe regulations
for the administration of this section.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by adding at the end
the following new item:
‘‘7050. Grants for faculty research for scientific, literary, and educational purposes:
acceptance, authorized grantees.’’.
(d) NAVAL WAR COLLEGE AND MARINE CORPS UNIVERSITY.—
(1) IN GENERAL.—Chapter 609 of such title is amended
by adding at the end the following new sections:
‘‘§ 7103. Naval War College: acceptance of grants for faculty
research for scientific, literary, and educational
purposes
‘‘(a) ACCEPTANCE OF RESEARCH GRANTS.—The Secretary of the
Navy may authorize the President of the Naval War College to
accept qualifying research grants. Any such grant may only be
accepted if the work under the grant is to be carried out by a
professor or instructor of the College for a scientific, literary, or
educational purpose.
‘‘(b) QUALIFYING GRANTS.—A qualifying research grant under
this section is a grant that is awarded on a competitive basis
by an entity referred to in subsection (c) for a research project
with a scientific, literary, or educational purpose.
‘‘(c) ENTITIES FROM WHICH GRANTS MAY BE ACCEPTED.—A
grant may be accepted under this section only from a corporation,
fund, foundation, educational institution, or similar entity that is
organized and operated primarily for scientific, literary, or edu-
cational purposes.
‘‘(d) ADMINISTRATION OF GRANT FUNDS.—The Secretary shall
establish an account for administering funds received as research
grants under this section. The President of the Naval War College
shall use the funds in the account in accordance with applicable
provisions of the regulations and the terms and condition of the
grants received.
‘‘(e) RELATED EXPENSES.—Subject to such limitations as may
be provided in appropriations Acts, appropriations available for
the Naval War College may be used to pay expenses incurred
by the College in applying for, and otherwise pursuing, the award
of qualifying research grants.
‘‘(f) REGULATIONS.—The Secretary shall prescribe regulations
for the administration of this section.
‘‘§ 7104. Marine Corps University: acceptance of grants for
faculty research for scientific, literary, and edu-
cational purposes
‘‘(a) ACCEPTANCE OF RESEARCH GRANTS.—The Secretary of the
Navy may authorize the President of the Marine Corps University
to accept qualifying research grants. Any such grant may only
be accepted if the work under the grant is to be carried out by
a professor or instructor of one of the institutions comprising the
University for a scientific, literary, or educational purpose.
‘‘(b) QUALIFYING GRANTS.—A qualifying research grant under
this section is a grant that is awarded on a competitive basis
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by an entity referred to in subsection (c) for a research project
with a scientific, literary, or educational purpose.
‘‘(c) ENTITIES FROM WHICH GRANTS MAY BE ACCEPTED.—A
grant may be accepted under this section only from a corporation,
fund, foundation, educational institution, or similar entity that is
organized and operated primarily for scientific, literary, or edu-
cational purposes.
‘‘(d) ADMINISTRATION OF GRANT FUNDS.—The Secretary shall
establish an account for administering funds received as research
grants under this section. The President of the Marine Corps
University shall use the funds in the account in accordance with
applicable provisions of the regulations and the terms and condition
of the grants received.
‘‘(e) RELATED EXPENSES.—Subject to such limitations as may
be provided in appropriations Acts, appropriations available for
the Marine Corps University may be used to pay expenses incurred
by the University in applying for, and otherwise pursuing, the
award of qualifying research grants.
‘‘(f) REGULATIONS.—The Secretary shall prescribe regulations
for the administration of this section.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by adding at the end
the following new items:
‘‘7103. Naval War College: acceptance of grants for faculty research for scientific,
literary, and educational purposes.
‘‘7104. Marine Corps University: acceptance of grants for faculty research for sci-
entific, literary, and educational purposes.’’.
(e) UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY.—
Section 9314 of such title is amended by adding at the end the
following new subsection:
‘‘(d) ACCEPTANCE
OF RESEARCH GRANTS.—(1) The Secretary
of the Air Force may authorize the Commandant of the United
States Air Force Institute of Technology to accept qualifying
research grants. Any such grant may only be accepted if the work
under the grant is to be carried out by a professor or instructor
of the Institute for a scientific, literary, or educational purpose.
‘‘(2) A qualifying research grant under this subsection is a
grant that is awarded on a competitive basis by an entity referred
to in paragraph (3) for a research project with a scientific, literary,
or educational purpose.
‘‘(3) A grant may be accepted under this subsection only from
a corporation, fund, foundation, educational institution, or similar
entity that is organized and operated primarily for scientific, lit-
erary, or educational purposes.
‘‘(4) The Secretary shall establish an account for administering
funds received as research grants under this section. The Com-
mandant of the Institute shall use the funds in the account in
accordance with applicable provisions of the regulations and the
terms and condition of the grants received.
‘‘(5) Subject to such limitations as may be provided in appropria-
tions Acts, appropriations available for the Institute may be used
to pay expenses incurred by the Institute in applying for, and
otherwise pursuing, the award of qualifying research grants.
‘‘(6) The Secretary shall prescribe regulations for the adminis-
tration of this subsection.’’.
(f) AIR WAR COLLEGE.—
(1) IN GENERAL.—Chapter 907 of such title is amended
by adding at the end the following new section:
Regulations.
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‘‘§ 9417. Air War College: acceptance of grants for faculty
research for scientific, literary, and educational
purposes
‘‘(a) ACCEPTANCE OF RESEARCH GRANTS.—The Secretary of the
Air Force may authorize the Commandant of the Air War College
to accept qualifying research grants. Any such grant may only
be accepted if the work under the grant is to be carried out by
a professor or instructor of the College for a scientific, literary,
or educational purpose.
‘‘(b) QUALIFYING GRANTS.—A qualifying research grant under
this section is a grant that is awarded on a competitive basis
by an entity referred to in subsection (c) for a research project
with a scientific, literary, or educational purpose.
‘‘(c) ENTITIES FROM WHICH GRANTS MAY BE ACCEPTED.—A
grant may be accepted under this section only from a corporation,
fund, foundation, educational institution, or similar entity that is
organized and operated primarily for scientific, literary, or edu-
cational purposes.
‘‘(d) ADMINISTRATION OF GRANT FUNDS.—The Secretary shall
establish an account for administering funds received as research
grants under this section. The Commandant shall use the funds
in the account in accordance with applicable provisions of the regu-
lations and the terms and condition of the grants received.
‘‘(e) RELATED EXPENSES.—Subject to such limitations as may
be provided in appropriations Acts, appropriations available for
the Air War College may be used to pay expenses incurred by
the College in applying for, and otherwise pursuing, the award
of qualifying research grants.
‘‘(f) REGULATIONS.—The Secretary shall prescribe regulations
for the administration of this section.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by adding at the end
the following new item:
‘‘9417. Air War College: acceptance of grants for faculty research for scientific, lit-
erary, and educational purposes.’’.
PART II—UNITED STATES NAVAL
POSTGRADUATE SCHOOL
SEC. 523. REVISION TO MISSION OF THE NAVAL POSTGRADUATE
SCHOOL.
(a) INCLUSION
OF PROFESSIONAL EDUCATION
AND RESEARCH
OPPORTUNITIES.—The text of section 7041 of title 10, United States
Code, is amended to read as follows:
‘‘There is a United States Naval Postgraduate School, the pri-
mary function of which is to provide advanced instruction and
professional and technical education and research opportunities
for commissioned officers of the naval service in—
‘‘(1) their practical and theoretical duties;
‘‘(2) the science, physics, and systems engineering of current
and future naval warfare doctrine, operations, and systems;
and
‘‘(3) the integration of naval operations and systems into
joint, combined, and multinational operations.’’.
(b) CONFORMING AMENDMENT.—Section 7042(b)(1) of such title
is amended by striking ‘‘and technical education of students’’ and
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inserting ‘‘and professional and technical education of students and
the provision of research opportunities for students’’.
SEC. 524. MODIFICATION OF ELIGIBILITY FOR POSITION OF PRESI-
DENT OF THE NAVAL POSTGRADUATE SCHOOL.
Subsection (a) of section 7042 of title 10, United States Code,
is amended to read as follows:
‘‘(a)(1) The President of the Naval Postgraduate School shall
be one of the following:
‘‘(A) An officer of the Navy in a grade not below the grade
of captain who is detailed to such position.
‘‘(B) A civilian individual having qualifications appropriate
to the position of President of the Naval Postgraduate School
who is assigned to such position.
‘‘(2) The President of the Naval Postgraduate School shall be
detailed or assigned to such position by the Secretary of the Navy,
upon the recommendation of the Chief of Naval Operations.
‘‘(3) An individual assigned to the position of President of
the Naval Postgraduate School under paragraph (1)(B) shall serve
in that position for a term of not more than five years and may
be reassigned to that position for an additional term of up to
five years.
‘‘(4) The qualifications appropriate for selection for detail or
assignment to the position of President of the Naval Postgraduate
School include the following:
‘‘(A) A doctorate degree in a field of study relevant to
the mission and function of the Naval Postgraduate School,
in the case of a civilian, or a doctorate or master’s degree
in such a field of study, in the case of an officer of the Navy.
‘‘(B) A comprehensive understanding of the Navy, the
Department of Defense, and joint and combined operations.
‘‘(C) Leadership experience at the senior level in a large
and diverse organization.
‘‘(D) Demonstrated ability to foster and encourage a pro-
gram of research in order to sustain academic excellence.
‘‘(E) Other qualifications, as determined by the Secretary
of the Navy.’’.
SEC. 
525. 
INCREASED 
ENROLLMENT 
FOR 
ELIGIBLE 
DEFENSE
INDUSTRY EMPLOYEES IN THE DEFENSE PRODUCT
DEVELOPMENT PROGRAM AT NAVAL POSTGRADUATE
SCHOOL.
Section 7049(a) of title 10, United States Code, is amended—
(1) by inserting ‘‘and systems engineering’’ after ‘‘cur-
riculum related to defense product development’’; and
(2) by striking ‘‘10’’ and inserting ‘‘25’’.
SEC. 526. INSTRUCTION FOR ENLISTED PERSONNEL BY THE NAVAL
POSTGRADUATE SCHOOL.
(a) EXPANDED ELIGIBILITY FOR INSTRUCTION.—Section 7045 of
title 10, United States Code, is amended—
(1) in subsection (a)(2)—
(A) by redesignating subparagraph (C) as subpara-
graph (D);
(B) by inserting after subparagraph (B) the following
new subparagraph (C):
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‘‘(C) The Secretary may permit an eligible enlisted member
of the Navy or Marine Corps to receive instruction from the Post-
graduate School in certificate programs and courses required for
the performance of the member’s duties.’’; and
(C) in subparagraph (D), as so redesignated, by striking
‘‘(A) and (B)’’ and inserting ‘‘(A), (B), and (C)’’; and
(2) in subsection (b)(2), by striking ‘‘(a)(2)(C)’’ and inserting
‘‘(a)(2)(D)’’.
(b) LIMITATION ON DEGREE AWARDS.—Such section is further
amended by adding at the end the following new subsection:
‘‘(d) The Secretary may not award a baccalaureate, masters,
or doctorate degree to an enlisted member based upon instruction
received at the Postgraduate School under subsection (a)(2)(C).’’.
(c) REPORT ON RATIONALE AND PLANS OF THE NAVY TO PROVIDE
ENLISTED
MEMBERS
AN
OPPORTUNITY
TO
OBTAIN
GRADUATE
DEGREES.—The Secretary of the Navy shall submit to the Com-
mittee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report on the
plans, if any, of the Secretary, and the rationale for those plans,
for a program to provide enlisted members of the Navy with
opportunities to pursue graduate degree programs either through
Navy schools or paid for by the Navy in return for an additional
service obligation. The report shall include the following:
(1) The underlying philosophy and objectives supporting
a decision to provide opportunities for graduate degrees to
enlisted members of the Navy.
(2) An overall description of how the award of a graduate
degree to an enlisted member would fit in an integrated,
progressive, coordinated, and systematic way into the goals
and requirements of the Navy for enlisted career development
and for professional education, together with a discussion of
a wider requirement, if any, for programs for the award of
associate and baccalaureate degrees to enlisted members,
particularly in the career fields under consideration for the
pilot program referred to in subsection (d).
(3) A discussion of the scope and details of the plan to
ensure that Navy enlisted members have the requisite academic
baccalaureate degrees as a prerequisite for undertaking grad-
uate-level work.
(4) Identification of the specific enlisted career fields for
which the Secretary has determined that a graduate degree
should be a requirement, as well as the rationale for that
determination.
(5) A description of the concept of the Secretary for the
process and mechanism of providing graduate degrees to
enlisted members, including, at a minimum, the Secretary’s
plan for whether the degree programs would be provided
through civilian or military degree-granting institutions and
whether through in-resident or distance learning or some com-
bination thereof.
(6) A description of the plan to ensure proper and effective
utilization of enlisted members following the award of a grad-
uate degree.
(d) PLAN FOR PILOT PROGRAM.—In addition to the report under
subsection (c), the Secretary of the Navy may submit a plan for
a pilot program to make available opportunities to pursue graduate
degree programs to a limited number of Navy enlisted members
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in a specific, limited set of critical career fields. Such a plan shall
include, as a minimum, the following:
(1) The specific objectives of the pilot program.
(2) An identification of the specific enlisted career fields
from which candidates for the program would be drawn, the
numbers and prerequisite qualifications of initial candidates,
and the process for selecting the enlisted members who would
initially participate.
(3) The process and mechanism for providing the degrees,
described in the same manner as specified under subsection
(c)(5), and a general description of course content.
(4) An analysis of the cost effectiveness of using Navy,
other service, or civilian degree granting institutions in the
program.
(5) The plan for post-graduation utilization of the enlisted
members who obtain graduate degrees under the program.
(6) The criteria and plan for assessing whether the objec-
tives of the program are met.
PART III—RESERVE OFFICERS’ TRAINING
CORPS
SEC. 531. REPEAL OF LIMITATION ON AMOUNT OF FINANCIAL ASSIST-
ANCE UNDER ROTC SCHOLARSHIP PROGRAMS.
(a) GENERAL ROTC PROGRAM.—Section 2107(c) of title 10,
United States Code, is amended—
(1) by striking paragraph (4); and
(2) in paragraph (5)(B), by striking ‘‘, (3), or (4)’’ and
inserting ‘‘or (3)’’.
(b) ARMY RESERVE AND ARMY NATIONAL GUARD PROGRAM.—
Section 2107a(c) of such title is amended by striking paragraph
(3).
(c) EFFECTIVE DATE.—Paragraph (4) of section 2107(c) of title
10, United States Code, and paragraph (3) of section 2107a(c) of
such title, as in effect on the day before the date of the enactment
of this Act, shall continue to apply in the case of any individual
selected before the date of the enactment of this Act for appointment
as a cadet or midshipman under section 2107 or 2107a of such
title.
SEC. 532. INCREASE IN ANNUAL LIMIT ON NUMBER OF ROTC SCHOLAR-
SHIPS UNDER ARMY RESERVE AND NATIONAL GUARD
PROGRAM.
Section 2107a(h) of title 10, United States Code, is amended
by striking ‘‘208’’ and inserting ‘‘416’’.
SEC. 533. PROCEDURES FOR SUSPENDING FINANCIAL ASSISTANCE
AND SUBSISTENCE ALLOWANCE FOR SENIOR ROTC
CADETS AND MIDSHIPMEN ON THE BASIS OF HEALTH-
RELATED CONDITIONS.
(a) REQUIREMENTS.—Section 2107 of title 10, United States
Code, is amended by adding at the end the following new subsection:
‘‘(j)(1) Payment of financial assistance under this section for,
and payment of a monthly subsistence allowance under section
209 of title 37 to, a cadet or midshipman appointed under this
section may be suspended on the basis of health-related incapacity
10 USC 2107
note.
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of the cadet or midshipman only in accordance with regulations
prescribed under paragraph (2).
‘‘(2) The Secretary of Defense shall prescribe in regulations
the policies and procedures for suspending payments under para-
graph (1). The regulations shall apply uniformly to all of the military
departments. The regulations shall include the following matters:
‘‘(A) The standards of health-related fitness that are to
be applied.
‘‘(B) Requirements for—
‘‘(i) the health-related condition and prognosis of a
cadet or midshipman to be determined, in relation to the
applicable standards prescribed under subparagraph (A),
by a health care professional on the basis of a medical
examination of the cadet or midshipman; and
‘‘(ii) the Secretary concerned to take into consideration
the determinations made under clause (i) with respect to
such condition in deciding whether to suspend payment
in the case of such cadet or midshipman on the basis
of that condition.
‘‘(C) A requirement for the Secretary concerned to transmit
to a cadet or midshipman proposed for suspension under this
subsection a notification of the proposed suspension together
with the determinations made under subparagraph (B)(i) in
the case of the proposed suspension.
‘‘(D) A procedure for a cadet or midshipman proposed for
suspension under this subsection to submit a written response
to the proposal for suspension, including any supporting
information.
‘‘(E) Requirements for—
‘‘(i) one or more health-care professionals to review,
in the case of such a response of a cadet or midshipman,
each health-related condition and prognosis addressed in
the response, taking into consideration the matters sub-
mitted in such response; and
‘‘(ii) the Secretary concerned to take into consideration
the determinations made under clause (i) with respect to
such condition in making a final decision regarding whether
to suspend payment in the case of such cadet or mid-
shipman on the basis of that condition, and the conditions
under which such suspension may be lifted.’’.
(b) TIME FOR PROMULGATION OF REGULATIONS.—The Secretary
of Defense shall prescribe the regulations required under subsection
(j) of section 2107 of title 10, United States Code (as added by
subsection (a)), not later than May 1, 2006.
SEC. 534. ELIGIBILITY OF UNITED STATES NATIONALS FOR APPOINT-
MENT TO THE SENIOR RESERVE OFFICERS’ TRAINING
CORPS.
(a) IN GENERAL.—Section 2107(b)(1) of title 10, United States
Code, is amended by inserting ‘‘or national’’ after ‘‘citizen’’.
(b) ARMY RESERVE OFFICERS TRAINING PROGRAMS.—Section
2107a(b)(1)(A) of such title is amended by inserting ‘‘or national’’
after ‘‘citizen’’.
(c) ELIGIBILITY
FOR APPOINTMENT
AS COMMISSIONED OFFI-
CERS.—Section 532(f) of such title is amended by inserting ‘‘, or
for a United States national otherwise eligible for appointment
as a cadet or midshipman under section 2107(a) of this title or
10 USC 2107
note.
Regulations.
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as a cadet under section 2107a of this title,’’ after ‘‘for permanent
residence’’.
SEC. 535. PROMOTION OF FOREIGN LANGUAGE SKILLS AMONG MEM-
BERS OF THE RESERVE OFFICERS’ TRAINING CORPS.
(a) IN GENERAL.—The Secretary of Defense shall support the
acquisition of foreign language skills among cadets and midshipmen
in the Reserve Officers’ Training Corps, including through the
development and implementation of—
(1) incentives for cadets and midshipmen to participate
in study of a foreign language, including special emphasis for
Arabic, Chinese, and other ‘‘strategic languages’’, as defined
by the Secretary of Defense in consultation with other relevant
agencies; and
(2) a recruiting strategy to target foreign language
speakers, including members of heritage communities, to
participate in the Reserve Officers’ Training Corps.
(b) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to the
Committee on Armed Services the Senate and the Committee on
Armed Services of the House of Representatives a report on the
actions taken to carry out this section.
SEC. 536. DESIGNATION OF IKE SKELTON EARLY COMMISSIONING PRO-
GRAM SCHOLARSHIPS.
Section 2107a of title 10, United States Code, is amended
by adding at the end the following new subsection:
‘‘(j) Financial assistance provided under this section to a cadet
appointed at a military junior college is designated as, and shall
be known as, an ‘Ike Skelton Early Commissioning Program Schol-
arship’.’’.
PART IV—OTHER MATTERS
SEC. 537. ENHANCEMENT OF EDUCATIONAL LOAN REPAYMENT
AUTHORITIES.
(a) ADDITIONAL LOANS ELIGIBLE FOR REPAYMENT.—Paragraph
(1) of section 2171(a) of title 10, United States Code, is amended—
(1) in subparagraph (B), by striking ‘‘or’’ at the end;
(2) in subparagraph (C), by striking the period at the
end and inserting ‘‘; or’’; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
‘‘(D) any loan incurred for educational purposes made by
a lender that is—
‘‘(i) an agency or instrumentality of a State;
‘‘(ii) a financial or credit institution (including an insur-
ance company) that is subject to examination and super-
vision by an agency of the United States or any State;
‘‘(iii) a pension fund approved by the Secretary for
purposes of this section; or
‘‘(iv) a non-profit private entity designated by a State,
regulated by such State, and approved by the Secretary
for purposes of this section.’’.
(b) ELIGIBILITY OF OFFICERS.—Paragraph (2) of such section
is amended by striking ‘‘an enlisted member in a military specialty’’
and inserting ‘‘a member in an officer program or military specialty’’.
10 USC 2101
note.
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SEC. 538. PAYMENT OF EXPENSES OF MEMBERS OF THE ARMED
FORCES TO OBTAIN PROFESSIONAL CREDENTIALS.
(a) IN GENERAL.—Chapter 101 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 2015. Payment of expenses to obtain professional creden-
tials
‘‘(a) AUTHORITY.—The Secretary of Defense and the Secretary
of Homeland Security, with respect to the Coast Guard when it
is not operating as a service in the Navy, may pay for—
‘‘(1) expenses for members of the armed forces to obtain
professional credentials, including expenses for professional
accreditation, State-imposed and professional licenses, and
professional certification; and
‘‘(2) examinations to obtain such credentials.
‘‘(b) LIMITATION.—The authority under subsection (a) may not
be used to pay the expenses of a member to obtain professional
credentials that are a prerequisite for appointment in the armed
forces.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘2015. Payment of expenses to obtain professional credentials.’’.
SEC. 539. USE OF RESERVE MONTGOMERY GI BILL BENEFITS AND
BENEFITS FOR MOBILIZED MEMBERS OF THE SELECTED
RESERVE AND NATIONAL GUARD FOR PAYMENTS FOR
LICENSING OR CERTIFICATION TESTS.
(a) CHAPTER 1606.—Section 16131 of title 10, United States
Code, is amended by adding at the end the following new subsection:
‘‘(j)(1) Subject to paragraph (3), the amount of educational
assistance payable under this chapter for a licensing or certification
test described in section 3452(b) of title 38 is the lesser of $2,000
or the fee charged for the test.
‘‘(2) The number of months of entitlement charged in the case
of any individual for such licensing or certification test is equal
to the number (including any fraction) determined by dividing the
total amount of educational assistance paid such individual for
such test by the full-time monthly institutional rate of educational
assistance which, but for paragraph (1), such individual would
otherwise be paid under subsection (b).
‘‘(3) In no event shall payment of educational assistance under
this subsection for such a test exceed the amount of the individual’s
available entitlement under this chapter.’’.
(b) CHAPTER 1607.—Section 16162 of such title is amended
by adding at the end the following new subsection:
‘‘(e) AVAILABILITY OF ASSISTANCE FOR LICENSING AND CERTIFI-
CATION TESTS.—The provisions of section 16131(j) of this title shall
apply to the provision of educational assistance under this chapter,
except that, in applying such section under this chapter, the ref-
erence to subsection (b) in paragraph (2) of such section is deemed
to be a reference to subsection (c) of this section.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to a licensing or certification test administered on or
after the date of the enactment of this Act.
10 USC 16131
note.
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PUBLIC LAW 109–163—JAN. 6, 2006
SEC. 
540. 
MODIFICATION 
OF 
EDUCATIONAL 
ASSISTANCE 
FOR
RESERVES SUPPORTING CONTINGENCY AND OTHER
OPERATIONS.
(a) OFFICIAL
RECEIVING
ELECTIONS
OF
BENEFITS.—Section
16163(e) of title 10, United States Code, is amended by striking
‘‘Secretary concerned’’ and inserting ‘‘Secretary of Veterans Affairs’’.
(b) EXCEPTION TO IMMEDIATE TERMINATION OF ASSISTANCE.—
Section 16165 of such title is amended—
(1) by striking ‘‘Educational assistance’’ and inserting ‘‘(a)
IN GENERAL.—Except as provided in subsection (b), educational
assistance’’; and
(2) by adding at the end the following new subsection:
‘‘(b) EXCEPTION.—Under regulations prescribed by the Secretary
of Defense, educational assistance may be provided under this
chapter to a member of the Selected Reserve of the Ready Reserve
who incurs a break in service in the Selected Reserve of not more
than 90 days if the member continues to serve in the Ready Reserve
during and after such break in service.’’.
Subtitle D—General Service Requirements
SEC. 541. GROUND COMBAT AND OTHER EXCLUSION POLICIES.
(a) IN GENERAL.—
(1) Chapter 37 of title 10, United States Code, is amended
by inserting after section 651 the following new section:
‘‘§ 652. Notice to Congress of proposed changes in units,
assignments, etc. to which female members may
be assigned
‘‘(a) RULE FOR GROUND COMBAT PERSONNEL POLICY.—(1) If
the Secretary of Defense proposes to make any change described
in paragraph (2)(A) or (2)(B) to the ground combat exclusion policy
or proposes to make a change described in paragraph (2)(C), the
Secretary shall, before any such change is implemented, submit
to Congress a report providing notice of the proposed change. Such
a change may then be implemented only after the end of a period
of 30 days of continuous session of Congress (excluding any day
on which either House of Congress is not in session) following
the date on which the report is received.
‘‘(2) A change referred to in paragraph (1) is a change that—
‘‘(A) closes to female members of the armed forces
any category of unit or position that at that time is open
to service by such members;
‘‘(B) opens to service by female members of the armed
forces any category of unit or position that at that time
is closed to service by such members; or
‘‘(C) opens or closes to the assignment of female mem-
bers of the armed forces any military career designator
as described in paragraph (6).
‘‘(3) The Secretary shall include in any report under paragraph
(1)—
‘‘(A) a detailed description of, and justification for, the
proposed change; and
‘‘(B) a detailed analysis of legal implication of the pro-
posed change with respect to the constitutionality of the
Effective date.
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application of the Military Selective Service Act (50 App.
U.S.C. 451 et seq.) to males only.
‘‘(4) In this subsection, the term ‘ground combat exclusion policy’
means the military personnel policies of the Department of Defense
and the military departments, as in effect on October 1, 1994,
by which female members of the armed forces are restricted from
assignment to units and positions below brigade level whose pri-
mary mission is to engage in direct combat on the ground.
‘‘(5) For purposes of this subsection, the continuity of a session
of Congress is broken only by an adjournment of the Congress
sine die.
‘‘(6) For purposes of this subsection, a military career designator
is one that is related to military operations on the ground as
of May 18, 2005, and applies—
‘‘(A) for enlisted members and warrant officers, to military
occupational specialties, specialty codes, enlisted designators,
enlisted classification codes, additional skill identifiers, and
special qualification identifiers; and
‘‘(B) for officers (other than warrant officers), to officer
areas of concentration, occupational specialties, specialty codes,
designators, additional skill identifiers, and special qualification
identifiers.
‘‘(b) OTHER PERSONNEL POLICY CHANGES.—(1) Except in a case
covered by section 6035 of this title or by subsection (a), whenever
the Secretary of Defense proposes to make a change to military
personnel policies described in paragraph (2), the Secretary shall,
not less than 30 days before such change is implemented, submit
to the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives notice,
in writing, of the proposed change.
‘‘(2) Paragraph (1) applies to a proposed military personnel
policy change, other than a policy change covered by subsection
(a), that would make available to female members of the armed
forces assignment to any of the following that, as of the date
of the proposed change, is closed to such assignment:
‘‘(A) Any type of unit not covered by subsection (a).
‘‘(B) Any class of combat vessel.
‘‘(C) Any type of combat platform.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 651
the following new item:
‘‘652. Notice to Congress of proposed changes in units, assignments, etc. to which
female members may be assigned.’’.
(b) REPORT ON IMPLEMENTATION OF DEPARTMENT OF DEFENSE
POLICIES WITH REGARD TO THE ASSIGNMENT OF WOMEN.—Not later
than March 31, 2006, the Secretary of Defense shall submit to
the Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report of
the Secretary’s review of the current and future implementation
of the policy regarding the assignment of women as articulated
in the Secretary of Defense memorandum, dated January 13, 1994,
and entitled, ‘‘Direct Ground Combat Definition and Assignment
Rule’’. In conducting that review, the Secretary shall closely
examine Army unit modularization efforts, and associated personnel
assignment policies, to ensure their compliance with the Depart-
ment of Defense policy articulated in the January 1994 memo-
randum.
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PUBLIC LAW 109–163—JAN. 6, 2006
(c) CONFORMING REPEAL.—Section 542 of the National Defense
Authorization Act for Fiscal Year 1994 (10 U.S.C. 113 note) is
repealed.
SEC. 542. UNIFORM CITIZENSHIP OR RESIDENCY REQUIREMENTS FOR
ENLISTMENT IN THE ARMED FORCES.
(a) UNIFORM REQUIREMENTS.—Section 504 of title 10, United
States Code, is amended—
(1) by inserting ‘‘(a) INSANITY, DESERTION, FELONS,
ETC.—’’ before ‘‘No person’’; and
(2) by adding at the end the following new subsection:
‘‘(b) CITIZENSHIP OR RESIDENCY.—(1) A person may be enlisted
in any armed force only if the person is one of the following:
‘‘(A) A national of the United States, as defined in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).
‘‘(B) An alien who is lawfully admitted for permanent resi-
dence, as defined in section 101(a)(20) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(20)).
‘‘(C) A person described in section 341 of one of the following
compacts:
‘‘(i) The Compact of Free Association between the Fed-
erated States of Micronesia and the United States (section
201(a) of Public Law 108–188 (117 Stat. 2784; 48 U.S.C.
1921 note)).
‘‘(ii) The Compact of Free Association between the
Republic of the Marshall Islands and the United States
(section 201(b) of Public Law 108–188 (117 Stat. 2823;
48 U.S.C. 1921 note)).
‘‘(iii) The Compact of Free Association between Palau
and the United States (section 201 of Public Law 99–
658 (100 Stat. 3678; 48 U.S.C. 1931 note)).
‘‘(2) Notwithstanding paragraph (1), the Secretary concerned
may authorize the enlistment of a person not described in paragraph
(1) if the Secretary determines that such enlistment is vital to
the national interest.’’.
(b) REPEAL OF SUPERSEDED LIMITATIONS FOR THE ARMY AND
AIR FORCE.—
(1) REPEAL.—Sections 3253 and 8253 of such title are
repealed.
(2) CLERICAL AMENDMENTS.—The table of sections at the
beginning of chapter 333 of such title is amended by striking
the item relating to section 3253. The table of sections at
the beginning of chapter 833 of such title is amended by striking
the item relating to section 8253.
SEC. 543. INCREASE IN MAXIMUM AGE FOR ENLISTMENT.
Section 505(a) of title 10, United States Code, is amended
by striking ‘‘thirty-five years of age’’ and inserting ‘‘forty-two years
of age’’.
SEC. 544. INCREASE IN MAXIMUM TERM OF ORIGINAL ENLISTMENT
IN REGULAR COMPONENT.
Section 505(c) of title 10, United States Code, is amended
by striking ‘‘six years’’ and inserting ‘‘eight years’’.
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PUBLIC LAW 109–163—JAN. 6, 2006
SEC. 545. NATIONAL CALL TO SERVICE PROGRAM.
(a) LIMITATION TO DOMESTIC NATIONAL SERVICE PROGRAMS.—
Subsection (c)(3)(D) of section 510 of title 10, United States Code,
is amended by striking ‘‘in the Peace Corps, Americorps, or another
national service program’’ and inserting ‘‘in Americorps or another
domestic national service program’’.
(b) EXTENSION OF QUALIFYING SERVICE FOR INITIAL MILITARY
SERVICE UNDER PROGRAM.—Subsection (d) of such title section is
amended by inserting before the period at the end the following:
‘‘and shall include military occupational specialties for enlistments
for officer training and subsequent service as an officer, in cases
in which the reason for the enlistment and entry into an agreement
under subsection (b) is to enter an officer training program’’.
(c) ADMINISTRATION OF EDUCATION INCENTIVES BY SECRETARY
OF VETERANS AFFAIRS.—Paragraph (2) of subsection (h) of such
section is amended to read as follows:
‘‘(2)(A) Educational assistance under paragraphs (3) or (4) of
subsection (e) shall be provided through the Department of Veterans
Affairs under an agreement to be entered into by the Secretary
of Defense and the Secretary of Veterans Affairs. The agreements
shall include administrative procedures to ensure the prompt and
timely transfer of funds from the Secretary concerned to the Sec-
retary of Veterans Affairs for the making of payments under this
section.
‘‘(B) Except as otherwise provided in this section, the provisions
of sections 503, 511, 3470, 3471, 3474, 3476, 3482(g), 3483, and
3485 of title 38 and the provisions of subchapters I and II of
chapter 36 of such title (with the exception of sections 3686(a),
3687, and 3692) shall be applicable to the provision of educational
assistance under this chapter. The term ‘eligible veteran’ and the
term ‘person’, as used in those provisions, shall be deemed for
the purpose of the application of those provisions to this section
to refer to a person eligible for educational assistance under para-
graph (3) or (4) of subsection (e).’’.
SEC. 546. REPORTS ON INFORMATION PROVIDED TO POTENTIAL
RECRUITS AND TO NEW ENTRANTS INTO THE ARMED
FORCES ON ‘‘STOP LOSS’’ AUTHORITIES AND INITIAL
PERIOD OF MILITARY SERVICE OBLIGATION.
(a) 
REPORT
ON
INFORMATION
PROVIDED
TO
POTENTIAL
RECRUITS.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Rep-
resentatives a report on the actions being taken to ensure
that each individual being recruited for service in the Armed
Forces is provided, before making a formal enlistment in the
Armed Forces, precise and detailed information on the period
or periods of service to which such individual may be obligated
by reason of enlistment in the Armed Forces, including any
revisions to Department of Defense Form 4/1.
(2) ELEMENTS.—The report under paragraph (1) shall
include—
(A) a description of how the Department informs
enlistees in the Armed Forces on—
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(i) the so-called ‘‘stop loss’’ authority and the
manner in which exercise of such authority could affect
the duration of an individual’s service on active duty
in the Armed Forces;
(ii) the authority for the call or order to active
duty of members of the Individual Ready Reserve and
the manner in which such a call or order to active
duty could affect an individual following the completion
of the individual’s expected period of service on active
duty or in the Individual Ready Reserve; and
(iii) any other authorities applicable to the call
or order to active duty of the Reserves, or of the reten-
tion of members of the Armed Forces on active duty,
that could affect the period of service of an individual
on active duty or in the Armed Forces; and
(B) such other information as the Secretary considers
appropriate.
(b) REPORT ON INFORMATION PROVIDED TO NEW ENTRANTS AND
OTHER SERVICE MEMBERS.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Rep-
resentatives a report on the actions being taken to ensure
that each individual covered by section 651(a) of title 10, United
States Code, is provided, upon commencing that person’s initial
period of service as a member of the Armed Forces and at
other points during a military career, precise information
regarding the date on which the initial service obligation of
that person under such section ends.
(2) ELEMENTS OF REPORT.—The report under subsection
(a) shall include the following:
(A) A description of how the Department notifies mem-
bers of the Armed Forces of—
(i) the completion date of their military service
obligation upon entry in the Armed Forces;
(ii) the expiration of their military service obliga-
tion; and
(iii) before the expiration of a member’s military
service obligation, the opportunity, if the member is
qualified and serving in the Individual Ready Reserve,
to continue voluntarily in the Ready Reserve or to
transfer to an active component.
(B) A description of the policy and procedures of the
Department of Defense regarding the involuntary recall
or mobilization of members serving in the Individual Ready
Reserve beyond the date of expiration of their military
service obligation.
(C) Such other information as the Secretary considers
appropriate.
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Subtitle E—Military Justice and Legal
Assistance Matters
SEC. 551. OFFENSE OF STALKING UNDER THE UNIFORM CODE OF MILI-
TARY JUSTICE.
(a) ESTABLISHMENT OF OFFENSE.—
(1) NEW PUNITIVE ARTICLE.—Subchapter X of chapter 47
of title 10, United States Code (the Uniform Code of Military
Justice), is amended by inserting after section 920 (article
120) the following new section:
‘‘§ 920a. Art. 120a. Stalking
‘‘(a) Any person subject to this section—
‘‘(1) who wrongfully engages in a course of conduct directed
at a specific person that would cause a reasonable person
to fear death or bodily harm, including sexual assault, to him-
self or herself or a member of his or her immediate family;
‘‘(2) who has knowledge, or should have knowledge, that
the specific person will be placed in reasonable fear of death
or bodily harm, including sexual assault, to himself or herself
or a member of his or her immediate family; and
‘‘(3) whose acts induce reasonable fear in the specific person
of death or bodily harm, including sexual assault, to himself
or herself or to a member of his or her immediate family;
is guilty of stalking and shall be punished as a court-martial may
direct.
‘‘(b) In this section:
‘‘(1) The term ‘course of conduct’ means—
‘‘(A) a repeated maintenance of visual or physical prox-
imity to a specific person; or
‘‘(B) a repeated conveyance of verbal threat, written
threats, or threats implied by conduct, or a combination
of such threats, directed at or toward a specific person.
‘‘(2) The term ‘repeated’, with respect to conduct, means
two or more occasions of such conduct.
‘‘(3) The term ‘immediate family’, in the case of a specific
person, means a spouse, parent, child, or sibling of the person,
or any other family member, relative, or intimate partner of
the person who regularly resides in the household of the person
or who within the six months preceding the commencement
of the course of conduct regularly resided in the household
of the person.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 920 the following new item:
‘‘920a. 120a. Stalking.’’.
(b) APPLICABILITY.—Section 920a of title 10, United States Code
(article 120a of the Uniform Code of Military Justice), as added
by subsection (a), applies to offenses committed after the date
that is 180 days after the date of the enactment of this Act.
SEC. 552. RAPE, SEXUAL ASSAULT, AND OTHER SEXUAL MISCONDUCT
UNDER UNIFORM CODE OF MILITARY JUSTICE.
(a) REVISION TO UCMJ.—
Effective date.
10 USC 920a
note.
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(1) IN GENERAL.—Section 920 of title 10, United States
Code (article 120 of the Uniform Code of Military Justice),
is amended to read as follows:
‘‘§ 920. Art. 120. Rape, sexual assault, and other sexual mis-
conduct
‘‘(a) RAPE.—Any person subject to this chapter who causes
another person of any age to engage in a sexual act by—
‘‘(1) using force against that other person;
‘‘(2) causing grievous bodily harm to any person;
‘‘(3) threatening or placing that other person in fear that
any person will be subjected to death, grievous bodily harm,
or kidnaping;
‘‘(4) rendering another person unconscious; or
‘‘(5) administering to another person by force or threat
of force, or without the knowledge or permission of that person,
a drug, intoxicant, or other similar substance and thereby
substantially impairs the ability of that other person to appraise
or control conduct;
is guilty of rape and shall be punished as a court-martial may
direct.
‘‘(b) RAPE OF A CHILD.—Any person subject to this chapter
who—
‘‘(1) engages in a sexual act with a child who has not
attained the age of 12 years; or
‘‘(2) engages in a sexual act under the circumstances
described in subsection (a) with a child who has attained the
age of 12 years;
is guilty of rape of a child and shall be punished as a court-
martial may direct.
‘‘(c) AGGRAVATED SEXUAL ASSAULT.—Any person subject to this
chapter who—
‘‘(1) causes another person of any age to engage in a sexual
act by—
‘‘(A) threatening or placing that other person in fear
(other than by threatening or placing that other person
in fear that any person will be subjected to death, grievous
bodily harm, or kidnapping); or
‘‘(B) causing bodily harm; or
‘‘(2) engages in a sexual act with another person of any
age if that other person is substantially incapacitated or
substantially incapable of—
‘‘(A) appraising the nature of the sexual act;
‘‘(B) declining participation in the sexual act; or
‘‘(C) communicating unwillingness to engage in the
sexual act;
is guilty of aggravated sexual assault and shall be punished as
a court-martial may direct.
‘‘(d) AGGRAVATED SEXUAL ASSAULT OF A CHILD.—Any person
subject to this chapter who engages in a sexual act with a child
who has attained the age of 12 years is guilty of aggravated sexual
assault of a child and shall be punished as a court-martial may
direct.
‘‘(e) AGGRAVATED SEXUAL CONTACT.—Any person subject to this
chapter who engages in or causes sexual contact with or by another
person, if to do so would violate subsection (a) (rape) had the
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sexual contact been a sexual act, is guilty of aggravated sexual
contact and shall be punished as a court-martial may direct.
‘‘(f) AGGRAVATED SEXUAL ABUSE OF A CHILD.—Any person sub-
ject to this chapter who engages in a lewd act with a child is
guilty of aggravated sexual abuse of a child and shall be punished
as a court-martial may direct.
‘‘(g) AGGRAVATED SEXUAL CONTACT WITH A CHILD.—Any person
subject to this chapter who engages in or causes sexual contact
with or by another person, if to do so would violate subsection
(b) (rape of a child) had the sexual contact been a sexual act,
is guilty of aggravated sexual contact with a child and shall be
punished as a court-martial may direct.
‘‘(h) ABUSIVE SEXUAL CONTACT.—Any person subject to this
chapter who engages in or causes sexual contact with or by another
person, if to do so would violate subsection (c) (aggravated sexual
assault) had the sexual contact been a sexual act, is guilty of
abusive sexual contact and shall be punished as a court-martial
may direct.
‘‘(i) ABUSIVE SEXUAL CONTACT WITH
A CHILD.—Any person
subject to this chapter who engages in or causes sexual contact
with or by another person, if to do so would violate subsection
(d) (aggravated sexual assault of a child) had the sexual contact
been a sexual act, is guilty of abusive sexual contact with a child
and shall be punished as a court-martial may direct.
‘‘(j) INDECENT LIBERTY WITH
A CHILD.—Any person subject
to this chapter who engages in indecent liberty in the physical
presence of a child—
‘‘(1) with the intent to arouse, appeal to, or gratify the
sexual desire of any person; or
‘‘(2) with the intent to abuse, humiliate, or degrade any
person;
is guilty of indecent liberty with a child and shall be punished
as a court-martial may direct.
‘‘(k) INDECENT ACT.—Any person subject to this chapter who
engages in indecent conduct is guilty of an indecent act and shall
be punished as a court-martial may direct.
‘‘(l) FORCIBLE PANDERING.—Any person subject to this chapter
who compels another person to engage in an act of prostitution
with another person to be directed to said person is guilty of
forcible pandering and shall be punished as a court-martial may
direct.
‘‘(m) WRONGFUL SEXUAL CONTACT.—Any person subject to this
chapter who, without legal justification or lawful authorization,
engages in sexual contact with another person without that other
person’s permission is guilty of wrongful sexual contact and shall
be punished as a court-martial may direct.
‘‘(n) INDECENT EXPOSURE.—Any person subject to this chapter
who intentionally exposes, in an indecent manner, in any place
where the conduct involved may reasonably be expected to be viewed
by people other than members of the actor’s family or household,
the genitalia, anus, buttocks, or female areola or nipple is guilty
of indecent exposure and shall by punished as a court-martial
may direct.
‘‘(o) AGE OF CHILD.—
‘‘(1) TWELVE
YEARS.—In a prosecution under subsection
(b) (rape of a child), subsection (g) (aggravated sexual contact
with a child), or subsection (j) (indecent liberty with a child),
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it need not be proven that the accused knew that the other
person engaging in the sexual act, contact, or liberty had not
attained the age of 12 years. It is not an affirmative defense
that the accused reasonably believed that the child had attained
the age of 12 years.
‘‘(2) SIXTEEN YEARS.—In a prosecution under subsection
(d) (aggravated sexual assault of a child), subsection (f) (aggra-
vated sexual abuse of a child), subsection (i) (abusive sexual
contact with a child), or subsection (j) (indecent liberty with
a child), it need not be proven that the accused knew that
the other person engaging in the sexual act, contact, or liberty
had not attained the age of 16 years. Unlike in paragraph
(1), however, it is an affirmative defense that the accused
reasonably believed that the child had attained the age of
16 years.
‘‘(p) PROOF OF THREAT.—In a prosecution under this section,
in proving that the accused made a threat, it need not be proven
that the accused actually intended to carry out the threat.
‘‘(q) MARRIAGE.—
‘‘(1) IN GENERAL.—In a prosecution under paragraph (2)
of subsection (c) (aggravated sexual assault), or under sub-
section (d) (aggravated sexual assault of a child), subsection
(f) (aggravated sexual abuse of a child), subsection (i) (abusive
sexual contact with a child), subsection (j) (indecent liberty
with a child), subsection (m) (wrongful sexual contact), or sub-
section (n) (indecent exposure), it is an affirmative defense
that the accused and the other person when they engaged
in the sexual act, sexual contact, or sexual conduct are married
to each other.
‘‘(2) DEFINITION.—For purposes of this subsection, a mar-
riage is a relationship, recognized by the laws of a competent
State or foreign jurisdiction, between the accused and the other
person as spouses. A marriage exists until it is dissolved in
accordance with the laws of a competent State or foreign juris-
diction.
‘‘(3) EXCEPTION.—Paragraph (1) shall not apply if the
accused’s intent at the time of the sexual conduct is to abuse,
humiliate, or degrade any person.
‘‘(r) CONSENT AND MISTAKE OF FACT AS TO CONSENT.—Lack
of permission is an element of the offense in subsection (m) (wrong-
ful sexual contact). Consent and mistake of fact as to consent
are not an issue, or an affirmative defense, in a prosecution under
any other subsection, except they are an affirmative defense for
the sexual conduct in issue in a prosecution under subsection (a)
(rape), subsection (c) (aggravated sexual assault), subsection (e)
(aggravated sexual contact), and subsection (h) (abusive sexual con-
tact).
‘‘(s) OTHER
AFFIRMATIVE
DEFENSES
NOT
PRECLUDED.—The
enumeration in this section of some affirmative defenses shall not
be construed as excluding the existence of others.
‘‘(t) DEFINITIONS.—In this section:
‘‘(1) SEXUAL ACT.—The term ‘sexual act’ means—
‘‘(A) contact between the penis and the vulva, and
for purposes of this subparagraph contact involving the
penis occurs upon penetration, however slight; or
‘‘(B) the penetration, however slight, of the genital
opening of another by a hand or finger or by any object,
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with an intent to abuse, humiliate, harass, or degrade
any person or to arouse or gratify the sexual desire of
any person.
‘‘(2) SEXUAL CONTACT.—The term ‘sexual contact’ means
the intentional touching, either directly or through the clothing,
of the genitalia, anus, groin, breast, inner thigh, or buttocks
of another person, or intentionally causing another person to
touch, either directly or through the clothing, the genitalia,
anus, groin, breast, inner thigh, or buttocks of any person,
with an intent to abuse, humiliate, or degrade any person
or to arouse or gratify the sexual desire of any person.
‘‘(3) GRIEVOUS BODILY HARM.—The term ‘grievous bodily
harm’ means serious bodily injury. It includes fractured or
dislocated bones, deep cuts, torn members of the body, serious
damage to internal organs, and other severe bodily injuries.
It does not include minor injuries such as a black eye or
a bloody nose. It is the same level of injury as in section
928 (article 128) of this chapter, and a lesser degree of injury
than in section 2246(4) of title 18.
‘‘(4) DANGEROUS WEAPON OR OBJECT.—The term ‘dangerous
weapon or object’ means—
‘‘(A) any firearm, loaded or not, and whether operable
or not;
‘‘(B) any other weapon, device, instrument, material,
or substance, whether animate or inanimate, that in the
manner it is used, or is intended to be used, is known
to be capable of producing death or grievous bodily harm;
or
‘‘(C) any object fashioned or utilized in such a manner
as to lead the victim under the circumstances to reasonably
believe it to be capable of producing death or grievous
bodily harm.
‘‘(5) FORCE.—The term ‘force’ means action to compel
submission of another or to overcome or prevent another’s
resistance by—
‘‘(A) the use or display of a dangerous weapon or object;
‘‘(B) the suggestion of possession of a dangerous weapon
or object that is used in a manner to cause another to
believe it is a dangerous weapon or object; or
‘‘(C) physical violence, strength, power, or restraint
applied to another person, sufficient that the other person
could not avoid or escape the sexual conduct.
‘‘(6) THREATENING
OR
PLACING
THAT
OTHER
PERSON
IN
FEAR.—The term ‘threatening or placing that other person in
fear’ under paragraph (3) of subsection (a) (rape), or under
subsection (e) (aggravated sexual contact), means a communica-
tion or action that is of sufficient consequence to cause a reason-
able fear that non-compliance will result in the victim or
another person being subjected to death, grievous bodily harm,
or kidnapping.
‘‘(7) THREATENING
OR
PLACING
THAT
OTHER
PERSON
IN
FEAR.—
‘‘(A) IN GENERAL.—The term ‘threatening or placing
that other person in fear’ under paragraph (1)(A) of sub-
section (c) (aggravated sexual assault), or under subsection
(h) (abusive sexual contact), means a communication or
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action that is of sufficient consequence to cause a reason-
able fear that non-compliance will result in the victim
or another being subjected to a lesser degree of harm
than death, grievous bodily harm, or kidnapping.
‘‘(B) 
INCLUSIONS.—Such 
lesser 
degree 
of 
harm
includes—
‘‘(i) physical injury to another person or to another
person’s property; or
‘‘(ii) a threat—
‘‘(I) to accuse any person of a crime;
‘‘(II) to expose a secret or publicize an asserted
fact, whether true or false, tending to subject some
person to hatred, contempt or ridicule; or
‘‘(III) through the use or abuse of military
position, rank, or authority, to affect or threaten
to affect, either positively or negatively, the mili-
tary career of some person.
‘‘(8) BODILY
HARM.—The term ‘bodily harm’ means any
offensive touching of another, however slight.
‘‘(9) CHILD.—The term ‘child’ means any person who has
not attained the age of 16 years.
‘‘(10) LEWD ACT.—The term ‘lewd act’ means—
‘‘(A) the intentional touching, not through the clothing,
of the genitalia of another person, with an intent to abuse,
humiliate, or degrade any person, or to arouse or gratify
the sexual desire of any person; or
‘‘(B) intentionally causing another person to touch, not
through the clothing, the genitalia of any person with an
intent to abuse, humiliate or degrade any person, or to
arouse or gratify the sexual desire of any person.
‘‘(11) INDECENT
LIBERTY.—The term ‘indecent liberty’
means indecent conduct, but physical contact is not required.
It includes one who with the requisite intent exposes one’s
genitalia, anus, buttocks, or female areola or nipple to a child.
An indecent liberty may consist of communication of indecent
language as long as the communication is made in the physical
presence of the child. If words designed to excite sexual desire
are spoken to a child, or a child is exposed to or involved
in sexual conduct, it is an indecent liberty; the child’s consent
is not relevant.
‘‘(12) INDECENT
CONDUCT.—The term ‘indecent conduct’
means that form of immorality relating to sexual impurity
which is grossly vulgar, obscene, and repugnant to common
propriety, and tends to excite sexual desire or deprave morals
with respect to sexual relations. Indecent conduct includes
observing, or making a videotape, photograph, motion picture,
print, negative, slide, or other mechanically, electronically, or
chemically reproduced visual material, without another person’s
consent, and contrary to that other person’s reasonable expecta-
tion of privacy, of—
‘‘(A) that other person’s genitalia, anus, or buttocks,
or (if that other person is female) that person’s areola
or nipple; or
‘‘(B) that other person while that other person is
engaged in a sexual act, sodomy (under section 925 (article
125)), or sexual contact.
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‘‘(13) ACT OF PROSTITUTION.—The term ‘act of prostitution’
means a sexual act, sexual contact, or lewd act for the purpose
of receiving money or other compensation.
‘‘(14) CONSENT.—The term ‘consent’ means words or overt
acts indicating a freely given agreement to the sexual conduct
at issue by a competent person. An expression of lack of consent
through words or conduct means there is no consent. Lack
of verbal or physical resistance or submission resulting from
the accused’s use of force, threat of force, or placing another
person in fear does not constitute consent. A current or previous
dating relationship by itself or the manner of dress of the
person involved with the accused in the sexual conduct at
issue shall not constitute consent. A person cannot consent
to sexual activity if—
‘‘(A) under 16 years of age; or
‘‘(B) substantially incapable of—
‘‘(i) appraising the nature of the sexual conduct
at issue due to—
‘‘(I) mental impairment or unconsciousness
resulting from consumption of alcohol, drugs, a
similar substance, or otherwise; or
‘‘(II) mental disease or defect which renders
the person unable to understand the nature of
the sexual conduct at issue;
‘‘(ii) physically declining participation in the sexual
conduct at issue; or
‘‘(iii) physically communicating unwillingness to
engage in the sexual conduct at issue.
‘‘(15) MISTAKE OF FACT AS TO CONSENT.—The term ‘mistake
of fact as to consent’ means the accused held, as a result
of ignorance or mistake, an incorrect belief that the other
person engaging in the sexual conduct consented. The ignorance
or mistake must have existed in the mind of the accused
and must have been reasonable under all the circumstances.
To be reasonable the ignorance or mistake must have been
based on information, or lack of it, which would indicate to
a reasonable person that the other person consented. Addition-
ally, the ignorance 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 mistake 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 cir-
cumstances at the time of the offense.
‘‘(16) 
AFFIRMATIVE
DEFENSE.—The 
term 
‘affirmative
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 responsi-
bility for those acts. The accused has the burden of proving
the affirmative defense by a preponderance of evidence. After
the defense meets this burden, the prosecution shall have the
burden of proving beyond a reasonable doubt that the affirma-
tive defense did not exist.’’.
(2) CLERICAL AMENDMENT.—The item relating to section
920 (article 120) in the table of sections at the beginning
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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. 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 sub-
section (a) (rape) or subsection (b) (rape of a child), death
or such other punishment as a court-martial may direct.
(2) SUBSECTION (c).—For an offense under subsection (c)
(aggravated sexual assault), dishonorable discharge, forfeiture
of all pay and allowances, and confinement for 30 years.
(3) SUBSECTIONS (d) AND (e).—For an offense under sub-
section (d) (aggravated sexual assault of a child) or subsection
(e) (aggravated sexual contact), dishonorable discharge, for-
feiture of all pay and allowances, and confinement for 20 years.
(4) SUBSECTIONS (f) AND (g).—For an offense under sub-
section (f) (aggravated sexual abuse of a child) or subsection
(g) (aggravated sexual contact with a child), dishonorable dis-
charge, forfeiture of all pay and allowances, and confinement
for 15 years.
(5) SUBSECTIONS (h) THROUGH (j).—For an offense under
subsection (h) (abusive sexual contact), subsection (i) (abusive
sexual contact with a child), or subsection (j) (indecent 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 sub-
section (k) (indecent act) or subsection (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 sub-
section (m) (wrongful sexual contact) or subsection (n) (indecent
exposure), dishonorable discharge, forfeiture of all pay and
allowances, and confinement for one year.
(c) APPLICABILITY.—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 the effective date specified in subsection (f).
(d) AGGRAVATING FACTORS FOR OFFENSE OF MURDER.—Section
918 of title 10, United States Code (article 118 of the Uniform
Code of Military Justice), is amended in paragraph (4) by striking
‘‘rape,’’ and inserting ‘‘rape, rape of a child, aggravated sexual
assault, aggravated sexual assault of a child, aggravated sexual
contact, aggravated sexual abuse of a child, aggravated sexual
contact with a child,’’.
(e) STATUTE OF LIMITATIONS.—Section 843(a) of title 10, United
States Code (article 843(a) of the Uniform Code of Military Justice),
as amended by section 553(a), is amended by striking ‘‘or rape,’’
and inserting ‘‘, rape, or rape of a child,’’.
(f) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 1, 2007.
10 USC 843 note.
10 USC 920 note.
10 USC 920 note.
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SEC. 553. EXTENSION OF STATUTE OF LIMITATIONS FOR MURDER,
RAPE, AND CHILD ABUSE OFFENSES UNDER THE UNI-
FORM CODE OF MILITARY JUSTICE.
(a) NO LIMITATION FOR MURDER OR RAPE.—Subsection (a) of
section 843 of title 10, United States Code (article 43 of the Uniform
Code of Military Justice), is amended by striking ‘‘or with any
offense punishable by death’’ and inserting ‘‘with murder or rape,
or with any other offense punishable by death’’.
(b) SPECIAL RULES FOR CHILD ABUSE OFFENSES.—Subsection
(b)(2) of such section (article) is amended—
(1) in subparagraph (A), by striking ‘‘before the child attains
the age of 25 years’’ and inserting ‘‘during the life of the
child or within five years after the date on which the offense
was committed, whichever provides a longer period,’’;
(2) in subparagraph (B)—
(A) in the matter preceding clause (i), by striking
‘‘sexual or physical’’;
(B) in clause (i), by striking ‘‘Rape or carnal knowledge’’
and inserting ‘‘Any offense’’; and
(C) in clause (v), by striking ‘‘Indecent assault,’’ and
inserting ‘‘Kidnaping; indecent assault;’’; and
(3) by adding at the end the following new subparagraph:
‘‘(C) In subparagraph (A), the term ‘child abuse offense’ includes
an act that involves abuse of a person who has not attained the
age of 18 years and would constitute an offense under chapter
110 or 117, or under section 1591, of title 18.’’.
SEC. 554. REPORTS BY OFFICERS AND SENIOR ENLISTED MEMBERS
OF CONVICTION OF CRIMINAL LAW.
(a) REQUIREMENT FOR REPORTS.—
(1) IN GENERAL.—The Secretary of Defense shall prescribe
in regulations a requirement that each covered member of
the Armed Forces shall submit to an authority in the military
department concerned designated pursuant to such regulations
a timely report of any conviction of such member by any law
enforcement authority of the United States for a violation of
a criminal law of the United States, whether or not the member
is on active duty at the time of the conduct that provides
the basis for the conviction. The regulations shall apply uni-
formly throughout the military departments.
(2) COVERED MEMBERS.—In this section, the term ‘‘covered
member of the Armed Forces’’ means a member of the Army,
Navy, Air Force, or Marine Corps who is on the active-duty
list or the reserve active-status list and who is—
(A) an officer; or
(B) an enlisted member in a pay grade above pay
grade E–6.
(b) LAW ENFORCEMENT AUTHORITY OF THE UNITED STATES.—
For purposes of this section, a law enforcement authority of the
United States includes—
(1) a military or other Federal law enforcement authority;
(2) a State or local law enforcement authority; and
(3) such other law enforcement authorities within the
United States as the Secretary shall specify in the regulations
prescribed pursuant to subsection (a).
(c) CRIMINAL LAW OF THE UNITED STATES.—
Regulations.
10 USC 113 note.
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(1) IN GENERAL.—Except as provided in paragraph (2), for
purposes of this section, a criminal law of the United States
includes—
(A) any military or other Federal criminal law;
(B) any State, county, municipal, or local criminal law
or ordinance; and
(C) such other criminal laws and ordinances of jurisdic-
tions within the United States as the Secretary shall specify
in the regulations prescribed pursuant to subsection (a).
(2) EXCEPTION.—For purposes of this section, a criminal
law of the United States shall not include a law or ordinance
specifying a minor traffic offense (as determined by the Sec-
retary for purposes of such regulations).
(d) TIMELINESS OF REPORTS.—The regulations prescribed pursu-
ant to subsection (a) shall establish requirements for the timeliness
of reports under this section.
(e) FORWARDING OF INFORMATION.—The regulations prescribed
pursuant to subsection (a) shall provide that, in the event a military
department receives information that a covered member of the
Armed Forces under the jurisdiction of another military department
has become subject to a conviction for which a report is required
by this section, the Secretary of the military department receiving
such information shall, in accordance with such procedures as the
Secretary of Defense shall establish in such regulations, forward
such information to the authority in the military department having
jurisdiction over such member designated pursuant to such regula-
tions.
(f) CONVICTIONS.—In this section, the term ‘‘conviction’’ includes
any plea of guilty or nolo contendere.
(g) DEADLINE FOR REGULATIONS.—The regulations required by
subsection (a), including the requirement in subsection (e), shall
go into effect not later than the end of the 180-day period beginning
on the date of the enactment of this Act.
(h) APPLICABILITY OF REQUIREMENT.—The requirement under
the regulations required by subsection (a) that a covered member
of the Armed Forces submit notice of a conviction shall apply
only to a conviction that becomes final after the date of the enact-
ment of this Act.
SEC. 555. CLARIFICATION OF AUTHORITY OF MILITARY LEGAL ASSIST-
ANCE COUNSEL TO PROVIDE MILITARY LEGAL ASSIST-
ANCE WITHOUT REGARD TO LICENSING REQUIREMENTS.
Section 1044 of title 10, United States Code, is amended—
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new sub-
section (d):
‘‘(d)(1) Notwithstanding any law regarding the licensure of
attorneys, a judge advocate or civilian attorney who is authorized
to provide military legal assistance is authorized to provide that
assistance in any jurisdiction, subject to such regulations as may
be prescribed by the Secretary concerned.
‘‘(2) Military legal assistance may be provided only by a judge
advocate or a civilian attorney who is a member of the bar of
a Federal court or of the highest court of a State.
‘‘(3) In this subsection, the term ‘military legal assistance’
includes—
‘‘(A) legal assistance provided under this section; and
Effective date.
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‘‘(B) legal assistance contemplated by sections 1044a,
1044b, 1044c, and 1044d of this title.’’.
SEC. 556. USE OF TELECONFERENCING IN ADMINISTRATIVE SESSIONS
OF COURTS-MARTIAL.
Section 839 of title 10, United States Code (article 39 of the
Uniform Code of Military Justice), is amended—
(1) by redesignating subsection (b) as subsection (c);
(2) by designating the matter following paragraph (4) of
subsection (a) as subsection (b); and
(3) in subsection (b), as so redesignated—
(A) by striking ‘‘These proceedings shall be conducted’’
and inserting ‘‘Proceedings under subsection (a) shall be
conducted’’; and
(B) by adding at the end the following new sentence:
‘‘If authorized by regulations of the Secretary concerned,
and if at least one defense counsel is physically in the
presence of the accused, the presence required by this
subsection may otherwise be established by audiovisual
technology (such as videoteleconferencing technology).’’.
SEC. 557. SENSE OF CONGRESS ON APPLICABILITY OF UNIFORM CODE
OF MILITARY JUSTICE TO RESERVES ON INACTIVE-DUTY
TRAINING OVERSEAS.
It is the sense of Congress that—
(1) there should be no ambiguity about the applicability
of the Uniform Code of Military Justice to members of the
reserve components of the Armed Forces while such members
are serving overseas under inactive-duty training orders for
any period of time under such orders; and
(2) the Secretary of Defense should—
(A) take action, not later than February 1, 2006, to
clarify jurisdictional issues relating to such applicability
under section 802 of title 10, United States Code (article
2 of the Uniform Code of Military Justice); and
(B) if necessary, submit to Congress a proposal for
legislative action to ensure the applicability of the Uniform
Code of Military Justice to such members.
Subtitle F—Matters Relating to Casualties
SEC. 561. AUTHORITY FOR MEMBERS ON ACTIVE DUTY WITH DISABIL-
ITIES TO PARTICIPATE IN PARALYMPIC GAMES.
Section 717(a) of title 10, United States Code, is amended
by striking ‘‘participate in—’’ and all that follows through ‘‘(2)
any other’’ and inserting ‘‘participate in any of the following sports
competitions:
‘‘(1) The Pan-American Games and the Olympic Games,
and qualifying events and preparatory competition for those
games.
‘‘(2) The Paralympic Games, if eligible to participate in
those games, and qualifying events and preparatory competition
for those games.
‘‘(3) Any other’’.
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SEC. 562. POLICY AND PROCEDURES ON CASUALTY ASSISTANCE TO
SURVIVORS OF MILITARY DECEDENTS.
(a) COMPREHENSIVE POLICY ON CASUALTY ASSISTANCE.—
(1) POLICY REQUIRED.—Not later than August 1, 2006, the
Secretary of Defense shall prescribe a comprehensive policy
for the Department of Defense on the provision of casualty
assistance to survivors and next of kin of members of the
Armed Forces who die during military service (in this section
referred to as ‘‘military decedents’’).
(2) CONSULTATION.—The Secretary shall develop the policy
under paragraph (1) in consultation with the Secretaries of
the military departments, the Secretary of Veterans Affairs,
and the Secretary of Homeland Security with respect to the
Coast Guard.
(3) INCORPORATION OF PAST EXPERIENCE AND PRACTICE.—
The policy developed under paragraph (1) shall be based on—
(A) the experience and best practices of the military
departments;
(B) the recommendations of nongovernment organiza-
tions with demonstrated expertise in responding to the
needs of survivors of military decedents; and
(C) such other matters as the Secretary of Defense
considers appropriate.
(4) PROCEDURES.—The policy shall include procedures to
be followed by the military departments in the provision of
casualty assistance to survivors and next of kin of military
decedents. The procedures shall be uniform across the military
departments except to the extent necessary to reflect the tradi-
tional practices or customs of a particular military department.
(b) ELEMENTS OF POLICY.—The comprehensive policy developed
under subsection (a) shall address the following matters:
(1) The initial notification of primary and secondary next
of kin of the deaths of military decedents and any subsequent
notifications of next of kin warranted by circumstances.
(2) The transportation and disposition of remains of mili-
tary decedents, including notification of survivors of the
performance of autopsies.
(3) The qualifications, assignment, training, duties, super-
vision, and accountability for the performance of casualty assist-
ance responsibilities.
(4) The relief or transfer of casualty assistance officers,
including notification to survivors and next of kin of the
reassignment of such officers to other duties.
(5) Centralized, short-term and long-term case-manage-
ment procedures for casualty assistance by each military
department, including rapid access by survivors of military
decedents and casualty assistance officers to expert case man-
agers and counselors.
(6) The provision, through a computer accessible Internet
website and other means and at no cost to survivors of military
decedents, of personalized, integrated information on the bene-
fits and financial assistance available to such survivors from
the Federal Government.
(7) The provision, at no cost to survivors of military
decedents, of legal assistance by military attorneys on matters
arising from the deaths of such decedents, including tax mat-
ters, on an expedited, prioritized basis.
10 USC 1475
note.
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(8) The provision of financial counseling to survivors of
military decedents, particularly with respect to appropriate dis-
position of death gratuity and insurance proceeds received by
surviving spouses, minor dependent children, and their rep-
resentatives.
(9) The provision of information to survivors and next
of kin of military decedents on mechanisms for registering
complaints about, or requests for, additional assistance related
to casualty assistance.
(10) Liaison with the Department of Veterans Affairs and
the Social Security Administration in order to ensure prompt
and accurate resolution of issues relating to benefits adminis-
tered by those agencies for survivors of military decedents.
(11) Data collection regarding the incidence and quality
of casualty assistance provided to survivors of military
decedents, including surveys of such survivors and military
and civilian members assigned casualty assistance duties.
(c) ADOPTION
BY MILITARY DEPARTMENTS.—Not later than
November 1, 2006, the Secretary of each military department shall
prescribe regulations, or modify current regulations, on the policies
and procedures of such military department on the provision of
casualty assistance to survivors and next of kin of military
decedents in order to conform such policies and procedures to the
policy developed under subsection (a).
(d) REPORT ON IMPROVEMENT OF CASUALTY ASSISTANCE PRO-
GRAMS.—Not later than December 1, 2006, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representa-
tives a report that includes—
(1) the assessment of the Secretary of the adequacy and
sufficiency of the current casualty assistance programs of the
military departments;
(2) a plan for a system for the uniform provision to sur-
vivors of military decedents of personalized, accurate, and
integrated information on the benefits and financial assistance
available to such survivors through the casualty assistance
programs of the military departments under subsection (c);
and
(3) such recommendations for other legislative or adminis-
trative action as the Secretary considers appropriate to enhance
and improve such programs to achieve their intended purposes.
(e) GAO REPORT.—
(1) REPORT REQUIRED.—Not later than July 1, 2006, the
Comptroller General shall submit to the committees specified
in subsection (d) a report on the evaluation by the Comptroller
General of the casualty assistance programs of the Department
of Defense and of such other departments and agencies of
the Federal Government as provide casualty assistance to sur-
vivors and next of kin of military decedents.
(2) ASSESSMENT.—The report shall include the assessment
of the Comptroller General of the adequacy of the current
policies and procedures of, and funding for, the casualty assist-
ance programs covered by the report to achieve their intended
purposes.
Regulations.
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SEC. 563. POLICY AND PROCEDURES ON ASSISTANCE TO SEVERELY
WOUNDED OR INJURED SERVICE MEMBERS.
(a) COMPREHENSIVE POLICY.—
(1) POLICY REQUIRED.—Not later than June 1, 2006, the
Secretary of Defense shall prescribe a comprehensive policy
for the Department of Defense on the provision of assistance
to members of the Armed Forces who incur severe wounds
or injuries in the line of duty (in this section referred to as
‘‘severely wounded or injured servicemembers’’).
(2) CONSULTATION.—The Secretary shall develop the policy
required by paragraph (1) in consultation with the Secretaries
of the military departments, the Secretary of Veterans Affairs,
and the Secretary of Labor.
(3) INCORPORATION OF PAST EXPERIENCE AND PRACTICE.—
The policy required by paragraph (1) shall be based on—
(A) the experience and best practices of the military
departments, including the Army Wounded Warrior Pro-
gram, the Marine Corps Marine for Life Injured Support
Program, the Air Force Palace HART program, and the
Navy Wounded Marines and Sailors Initiative;
(B) the recommendations of nongovernment organiza-
tions with demonstrated expertise in responding to the
needs of severely wounded or injured servicemembers; and
(C) such other matters as the Secretary of Defense
considers appropriate.
(4) PROCEDURES AND STANDARDS.—The policy shall include
guidelines to be followed by the military departments in the
provision of assistance to severely wounded or injured
servicemembers. The procedures and standards shall be uni-
form across the military departments except to the extent nec-
essary to reflect the traditional practices or customs of a par-
ticular military department. The procedures and standards
shall establish a minimum level of support and shall specify
the duration of programs.
(b) ELEMENTS OF POLICY.—The comprehensive policy developed
under subsection (a) shall address the following matters:
(1) Coordination with the Severely Injured Joint Support
Operations Center of the Department of Defense.
(2) Promotion of a seamless transition to civilian life for
severely wounded or injured servicemembers who are or are
likely to be separated on account of their wound or injury.
(3) Identification and resolution of special problems or
issues related to the transition to civilian life of severely
wounded or injured servicemembers who are members of the
reserve components.
(4) The qualifications, assignment, training, duties, super-
vision, and accountability for the performance of responsibilities
for the personnel providing assistance to severely wounded
or injured servicemembers.
(5) Centralized, short-term and long-term case-manage-
ment procedures for assistance to severely wounded or injured
servicemembers by each military department, including rapid
access for severely wounded or injured servicemembers to case
managers and counselors.
(6) The provision, through a computer accessible Internet
website and other means and at no cost to severely wounded
10 USC 113 note.
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or injured servicemembers, of personalized, integrated informa-
tion on the benefits and financial assistance available to such
members from the Federal Government.
(7) The provision of information to severely wounded or
injured servicemembers on mechanisms for registering com-
plaints about, or requests for, additional assistance.
(8) Participation of family members.
(9) Liaison with the Department of Veterans Affairs and
the Department of Labor in order to ensure prompt and
accurate resolution of issues relating to benefits administered
by 
those 
agencies 
for 
severely 
wounded 
or 
injured
servicemembers.
(10) Data collection regarding the incidence and quality
of assistance provided to severely wounded or injured
servicemembers, including surveys of such servicemembers and
military and civilian personnel whose assigned duties include
assistance to severely wounded or injured servicemembers.
(c) ADOPTION BY MILITARY DEPARTMENTS.—Not later than Sep-
tember 1, 2006, the Secretary of each military department shall
prescribe regulations, or modify current regulations, on the policies
and procedures of such military department on the provision of
assistance to severely wounded or injured servicemembers in order
to conform such policies and procedures to the policy prescribed
under subsection (a).
SEC. 564. DESIGNATION BY MEMBERS OF THE ARMED FORCES OF
PERSONS AUTHORIZED TO DIRECT THE DISPOSITION OF
MEMBER REMAINS.
(a) IN GENERAL.—Not later than June 1, 2006, the Secretary
of Defense shall complete, and the Secretaries of the military depart-
ments shall implement, Department of Defense Instruction 1300.18,
including interim policy guidance, regarding the requirement to
have service members designate a person authorized to direct dis-
position of their remains should they become a casualty.
(b) REPORT.—Not later than July 1, 2006, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the actions
taken by the Secretary, and by the Secretaries of the military
departments, to carry out the requirement in subsection (a).
Subtitle 
G—Assistance 
to 
Local 
Edu-
cational Agencies for Defense Depend-
ents Education
SEC. 571. EXPANSION OF AUTHORIZED ENROLLMENT IN DEPARTMENT
OF DEFENSE DEPENDENTS SCHOOLS OVERSEAS.
The Defense Dependents’ Education Act of 1978 (20 U.S.C.
931 et seq.) is amended by inserting after section 1404 the following
new section:
‘‘ENROLLMENT OF CERTAIN ADDITIONAL CHILDREN ON TUITION-FREE
BASIS
‘‘SEC. 1404A. (a) ENROLLMENT AUTHORIZED.—Under regulations
to be prescribed by the Secretary of Defense, the Secretary may
Regulations.
20 USC 923a.
Deadline.
Regulations.
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authorize the enrollment in schools of the defense dependents’ edu-
cation system on a tuition-free basis of the children of full-time,
locally-hired employees of the Department of Defense in an overseas
area if such employees are citizens or nationals of the United
States.
‘‘(b) FUNDING.—The Secretary may use funds available for the
defense dependents’ education system to provide for the education
of children enrolled in the defense dependents’ education system
under subsection (a).’’.
SEC. 572. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BEN-
EFIT 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 eligible local educational
agency described in paragraph (2) if, without such assistance,
the local educational agency will be unable (as determined
by the Secretary of Defense in consultation with the Secretary
of Education) to provide the students in the schools of the
local educational agency with a level of education that is equiva-
lent to the minimum level of education available in the schools
of the other local educational agencies in the same State.
(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A local edu-
cational agency is eligible for assistance 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 attend-
ance in the schools of the local educational agency during
the preceding school year were military dependent students
counted under section 8003(a)(1) of the Elementary and Sec-
ondary 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 communities in
making adjustments resulting from changes in the size or loca-
tion of the Armed Forces, the Secretary of Defense shall provide
financial assistance to an eligible local educational agency
described in paragraph (2) if, during the period between 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 edu-
cational agency had (as determined by the Secretary of Defense
in consultation with the Secretary of Education) an overall
increase or reduction of—
(A) not less than five percent in the average daily
attendance of military dependent students in the schools
of the local educational agency; or
(B) not less than 250 military dependent students in
average daily attendance in the schools of the local edu-
cational agency.
(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A local edu-
cational agency is eligible for assistance under this subsection
for a fiscal year if—
(A) the local educational agency is eligible for assist-
ance under subsection (a) for the same fiscal year, or would
20 USC 7703b.
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have been eligible for such assistance if not for the reduc-
tion in military dependent students in schools of the local
educational agency; and
(B) the overall increase or reduction in military
dependent students in schools of the local educational
agency is the result of one or more of the following:
(i) The global rebasing plan of the Department
of Defense.
(ii) The official creation or activation of one or
more new military units.
(iii) The realignment of forces as a result of the
base closure process.
(iv) A change in the number of housing units on
a military installation.
(3) CALCULATION OF AMOUNT OF ASSISTANCE.—
(A) PRO RATA DISTRIBUTION.—The amount of the assist-
ance 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 multiplying—
(i) the per-student rate determined under subpara-
graph (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 assistance under this sub-
section; by
(ii) the sum of the overall increases and reductions
in the number of military dependent students in
schools of all eligible local educational agencies for
that fiscal year under this subsection.
(C) MAXIMUM AMOUNT OF ASSISTANCE.—A local edu-
cational agency may not receive more than $1,000,000 in
assistance under this subsection for any fiscal year.
(4) DURATION.—Assistance may not be provided under this
subsection after September 30, 2010.
(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 assist-
ance under either subsection (a) or (b) or both subsections;
and
(2) the amount of the assistance for which the local edu-
cational 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 educational agencies is provided pursuant to
subsection (c) for that fiscal year.
Deadline.
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(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—
(1) $30,000,000 shall be available only for the purpose
of providing assistance to local educational agencies under sub-
section (a); and
(2) $10,000,000 shall be available only for the purpose
of providing assistance to local educational agencies under sub-
section (b).
(f) DEFINITIONS.—In this section:
(1) The term ‘‘base closure process’’ means the 2005 base
closure and realignment process authorized 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 enacted after that date.
(2) The term ‘‘local educational agency’’ has the meaning
given that term in section 8013(9) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7713(9)).
(3) The term ‘‘military dependent students’’ refers to—
(A) elementary and secondary school students who are
dependents of members of the Armed Forces; and
(B) elementary and secondary school students 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 repealed.
SEC. 573. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated pursuant to sec-
tion 301(5) for operation and maintenance for Defense-wide activi-
ties, $5,000,000 shall be available for payments under section 363
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by Public Law 106–398;
114 Stat. 1654A–77; 20 U.S.C. 7703a).
SEC. 574. CONTINUATION OF IMPACT AID ASSISTANCE ON BEHALF
OF 
DEPENDENTS 
OF 
CERTAIN 
MEMBERS 
DESPITE
CHANGE IN STATUS OF MEMBER.
(a) SPECIAL RULE.—For purposes of computing the amount
of a payment for an eligible local educational agency under sub-
section (a) of section 8003 of the Elementary and Secondary Edu-
cation Act of 1965 (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—
(1) would be counted under paragraph (1)(B) of such sub-
section to determine the number of children who were in aver-
age 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 eligible to be so counted.
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(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 attended before their change in eligibility
status.
Subtitle H—Decorations and Awards
SEC. 576. ELIGIBILITY FOR OPERATION ENDURING FREEDOM CAM-
PAIGN MEDAL.
For purposes of eligibility for the campaign medal for Operation
Enduring Freedom established pursuant to Public Law 108–234
(10 U.S.C. 1121 note), the beginning date of Operation Enduring
Freedom is September 11, 2001.
Subtitle I—Consumer Protection Matters
SEC. 577. REQUIREMENT FOR REGULATIONS ON POLICIES AND PROCE-
DURES ON PERSONAL COMMERCIAL SOLICITATIONS ON
DEPARTMENT OF DEFENSE INSTALLATIONS.
(a) REQUIREMENT.—As soon as practicable after the date of
the enactment of this Act, and not later than March 31, 2006,
the Secretary of Defense shall prescribe regulations, or modify
existing regulations, on the policies and procedures relating to
personal commercial solicitations, including the sale of life insur-
ance and securities, on Department of Defense installations.
(b) REPEAL OF SUPERSEDED LIMITATIONS.—The following provi-
sions of law are repealed:
(1) Section 586 of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1493).
(2) Section 8133 of the Department of Defense Appropria-
tions Act, 2005 (Public Law 108–287; 118 Stat. 1002).
SEC. 578. CONSUMER EDUCATION FOR MEMBERS OF THE ARMED
FORCES AND THEIR SPOUSES ON INSURANCE AND
OTHER FINANCIAL SERVICES.
(a) EDUCATION AND COUNSELING REQUIREMENTS.—
(1) IN GENERAL.—Chapter 50 of title 10, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 992. Consumer education: financial services
‘‘(a) REQUIREMENT FOR CONSUMER EDUCATION PROGRAM FOR
MEMBERS.—(1) The Secretary concerned shall carry out a program
to provide comprehensive education to members of the armed forces
under the jurisdiction of the Secretary on—
‘‘(A) financial services that are available under law to mem-
bers;
‘‘(B) financial services that are routinely offered by private
sector sources to members;
‘‘(C) practices relating to the marketing of private sector
financial services to members;
‘‘(D) such other matters relating to financial services avail-
able to members, and the marketing of financial services to
members, as the Secretary considers appropriate; and
10 USC 992 note.
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‘‘(E) such other financial practices as the Secretary con-
siders appropriate.
‘‘(2) Training under this subsection shall be provided to mem-
bers as—
‘‘(A) a component of members initial entry orientation
training; and
‘‘(B) a component of periodically recurring required training
that is provided for the members at military installations.
‘‘(3) The training provided at a military installation under
paragraph (2)(B) shall include information on any financial services
marketing practices that are particularly prevalent at that military
installation and in the vicinity.
‘‘(b) COUNSELING FOR MEMBERS AND SPOUSES.—(1) The Sec-
retary concerned shall, upon request, provide counseling on financial
services to each member of the armed forces, and such member’s
spouse, under the jurisdiction of the Secretary.
‘‘(2)(A) In the case of a military installation at which at least
2,000 members of the armed forces on active duty are assigned,
the Secretary concerned—
‘‘(i) shall provide counseling on financial services under
this subsection through a full-time financial services counselor
at such installation; and
‘‘(ii) may provide such counseling at such installation by
any means elected by the Secretary from among the following:
‘‘(I) Through members of the armed forces in pay grade
E–7 or above, or civilians, who provide such counseling
as part of their other duties for the armed forces or the
Department of Defense.
‘‘(II) By contract, including contract for services by
telephone and by the Internet.
‘‘(III) Through qualified representatives of nonprofit
organizations and agencies under formal agreements with
the Department of Defense to provide such counseling.
‘‘(B) In the case of any military installation not described in
subparagraph (A), the Secretary concerned shall provide counseling
on financial services under this subsection at such installation
by any of the means set forth in subparagraph (A)(ii), as elected
by the Secretary concerned.
‘‘(3) Each financial services counselor under paragraph (2)(A)(i),
and any other individual providing counseling on financial services
under paragraph (2), shall be an individual who, by reason of
education, training, or experience, is qualified to provide helpful
counseling to members of the armed forces and their spouses on
financial services and marketing practices described in subsection
(a)(1). Such individual may be a member of the armed forces or
an employee of the Federal Government.
‘‘(4) The Secretary concerned shall take such action as is nec-
essary to ensure that each financial services counselor under para-
graph (2)(A)(i), and any other individual providing counseling on
financial services under paragraphs (2), is free from conflicts of
interest relevant to the performance of duty under this section.
and, in the performance of that duty, is dedicated to furnishing
members of the armed forces and their spouses with helpful
information and counseling on financial services and related mar-
keting practices.
‘‘(c) LIFE INSURANCE.—In counseling a member of the armed
forces, or spouse of a member of the armed forces, under this
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section regarding life insurance offered by a private sector source,
a financial services counselor under subsection (b)(2)(A)(i), or
another individual providing counseling on financial services under
subsection (b)(2), shall furnish the member or spouse, as the case
may be, with information on the availability of Servicemembers’
Group Life Insurance under subchapter III of chapter 19 of title
38, including information on the amounts of coverage available
and the procedures for electing coverage and the amount of cov-
erage.
‘‘(d) FINANCIAL SERVICES DEFINED.—In this section, the term
‘financial services’ includes the following:
‘‘(1) Life insurance, casualty insurance, and other insur-
ance.
‘‘(2) Investments in securities or financial instruments.
‘‘(3) Banking, credit, loans, deferred payment plans, and
mortgages.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by adding at the end
the following new item:
‘‘992. Consumer education: financial services.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the first day of the first month that begins
more than 120 days after the date of the enactment of this Act.
SEC. 579. REPORT ON PREDATORY LENDING PRACTICES DIRECTED
AT MEMBERS OF THE ARMED FORCES AND THEIR
DEPENDENTS.
(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to the appropriate committees of Congress a report on predatory
lending practices directed at members of the Armed Forces and
their families. The report shall be prepared in consultation with
the Secretary of the Treasury, the Chairman of the Federal Reserve,
the Chairman of the Federal Deposit Insurance Corporation, and
representatives of military charity organizations and consumer
organizations.
(b) ELEMENTS.—The report under subsection (a) shall include
the following:
(1) A description of the prevalence of predatory lending
practices directed at members of the Armed Forces and their
families.
(2) An assessment of the effects of predatory lending prac-
tices on members of the Armed Forces and their families.
(3) A description of the strategy of the Department of
Defense, and of any current or planned programs of the Depart-
ment, to educate members of the Armed Forces and their fami-
lies regarding predatory lending practices.
(4) A description of the strategy of the Department of
Defense, and of any current or planned programs of the Depart-
ment, to reduce or eliminate—
(A) the prevalence of predatory lending practices
directed at members of the Armed Forces and their fami-
lies; and
(B) the negative effect of such practices on members
of the Armed Forces and their families.
(5) 
Recommendations 
for 
additional 
legislative 
and
administrative action to reduce or eliminate predatory lending
10 USC 992 note.
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practices directed at members of the Armed Forces and their
families.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate committees of Congress’’ means—
(A) the Committee on Armed Services and the Com-
mittee on Banking, Housing, and Urban Affairs of the
Senate; and
(B) the Committee on Armed Services and the Com-
mittee on Financial Services of the House of Representa-
tives.
(2) The term ‘‘predatory lending practice’’ means an unfair
or abusive loan or credit sale transaction or collection practice.
Subtitle J—Reports and Sense of Congress
Statements
SEC. 581. REPORT ON NEED FOR A PERSONNEL PLAN FOR LINGUISTS
IN THE ARMED FORCES.
(a) NEED ASSESSMENT.—The Secretary of Defense shall review
the career tracks of members of the Armed Forces who are linguists
in an effort to improve the management of linguists (in enlisted
grades or officer grades, or both) and to assist them in reaching
their full linguistic and analytical potential over a 20-year career.
As part of such review, the Secretary shall assess the need for
a comprehensive plan to better manage the careers of military
linguists (in enlisted grades or officer grades, or both) and to ensure
that such linguists have an opportunity to progress in grade and
are provided opportunities to enhance their language and cultural
skills. As part of the review, the Secretary shall consider personnel
management methods such as enhanced bonuses, immersion
opportunities, specialized career fields, establishment of a dedicated
career path for linguists, and career monitoring to ensure career
progress for linguists serving in duty assignments that are not
linguist related.
(b) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report on the review and assessment conducted
under subsection (a). The report shall include the findings, results,
and conclusions of the Secretary’s review and assessment of the
careers of officer and enlisted linguists in the Armed Forces and
the need for a comprehensive plan to ensure effective career
management of linguists.
SEC. 582. SENSE OF CONGRESS THAT COLLEGES AND UNIVERSITIES
GIVE EQUAL ACCESS TO MILITARY RECRUITERS AND
ROTC IN ACCORDANCE WITH THE SOLOMON AMEND-
MENT AND REQUIREMENT FOR REPORT TO CONGRESS.
(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) any college or university that discriminates against
ROTC programs or military recruiters should be denied certain
Federal taxpayer support, especially funding for many military
and defense programs; and
(2) universities and colleges that receive Federal funds
should provide military recruiters access to college campuses
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and to college students equal in quality and scope to that
provided all other employers.
(b) REPORT REQUIRED.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall submit
to Congress a report on the colleges and universities that are
denying equal access to military recruiters and ROTC programs.
SEC. 583. SENSE OF CONGRESS CONCERNING STUDY OF OPTIONS FOR
PROVIDING HOMELAND DEFENSE EDUCATION.
It is the sense of Congress that—
(1) the Secretary of Defense, in consultation with the Sec-
retary of Homeland Security, should study the options among
public and private educational institutions and facilities
(including an option of using the National Defense University)
for providing strategic-level homeland defense education and
related research opportunities to civilian and military leaders
from all agencies of government in order to contribute to the
development of a common understanding of core homeland
defense principles and of effective interagency homeland
defense strategies, policies, doctrines, and processes; and
(2) the results of such consultation and study should be
reported to the Committee on Armed Services of the House
of Representatives and the Committee on Armed Services of
the Senate, together with such recommendations as the Sec-
retary considers appropriate, including a request for any imple-
menting legislation that would contribute to the development
of strategic-level homeland defense education.
SEC. 584. SENSE OF CONGRESS RECOGNIZING THE DIVERSITY OF THE
MEMBERS OF THE ARMED FORCES SERVING IN OPER-
ATION IRAQI FREEDOM AND OPERATION ENDURING
FREEDOM AND HONORING THEIR SACRIFICES AND THE
SACRIFICES OF THEIR FAMILIES.
(a) FINDINGS.—Congress finds the following:
(1) Thousands of members of the United States Armed
Forces who come from a variety of ethnic and racial back-
grounds have served, and are serving, in Operation Iraqi
Freedom and Operation Enduring Freedom to defend the cause
of freedom, democracy, and liberty. Many have been killed,
wounded, or seriously injured.
(2) Diversity is an essential part of the strength of the
Armed Forces, in which members having different ethnic and
racial backgrounds share the goal of defending the cause of
freedom, democracy, and liberty.
(3) The Armed Forces are representative of the diverse
culture and backgrounds that make the United States a great
nation.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
the United States should—
(1) recognize and celebrate the diversity of the members
of the Armed Forces; and
(2) recognize and honor the sacrifices being made by the
members of the Armed Forces and their families in the global
war on terrorism.
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Subtitle K—Other Matters
SEC. 589. EXPANSION AND ENHANCEMENT OF AUTHORITY TO PRESENT
RECOGNITION ITEMS FOR RECRUITMENT AND RETEN-
TION PURPOSES.
(a) IN GENERAL.—
(1) AUTHORITY.—Subchapter II of chapter 134 of title 10,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 2261. Presentation of recognition items for recruitment
and retention purposes
‘‘(a) EXPENDITURES FOR RECOGNITION ITEMS.—Under regula-
tions prescribed by the Secretary of Defense, appropriated funds
may be expended—
‘‘(1) to procure recognition items of nominal or modest
value for recruitment or retention purposes; and
‘‘(2) to present such items—
‘‘(A) to members of the armed forces; and
‘‘(B) to members of the families of members of the
armed forces, and other individuals, recognized as pro-
viding support that substantially facilitates service in the
armed forces.
‘‘(b) PROVISION OF MEALS AND REFRESHMENTS.—For purposes
of section 520c of this title and any regulation prescribed to imple-
ment that section, functions conducted for the purpose of presenting
recognition items described in subsection (a) shall be treated as
recruiting functions, and recipients of such items shall be treated
as persons who are the objects of recruiting efforts.
‘‘(c) RECOGNITION ITEMS
OF NOMINAL
OR MODEST VALUE.—
In this section, the term ‘recognition item of nominal or modest
value’ means a commemorative coin, medal, trophy, badge, flag,
poster, painting, or other similar item that is valued at less than
$50 per item and is designed to recognize or commemorate service
in the armed forces.
‘‘(d) TERMINATION OF AUTHORITY.—The authority under this
section shall expire December 31, 2007.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of subchapter II of chapter 134 of such title is
amended by adding at the end the following new item:
‘‘2261. Presentation of recognition items for recruitment and retention purposes.’’.
(b) REPEAL OF SUPERSEDED AUTHORITIES.—
(1) ARMY RESERVE.—Section 18506 of title 10, United States
Code, is repealed. The table of sections at the beginning of
chapter 1805 of such title is amended by striking the item
relating to such section.
(2) NATIONAL GUARD.—Section 717 of title 32, United States
Code, is repealed. The table of sections at the beginning of
chapter 7 of such title is amended by striking the item relating
to such section.
SEC. 590. EXTENSION OF DATE OF SUBMITTAL OF REPORT OF VET-
ERANS’ DISABILITY BENEFITS COMMISSION.
Section 1503 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1678; 38 U.S.C.
1101 note) is amended by striking ‘‘Not later than 15 months
32 USC prec.
701.
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after the date on which the commission first meets,’’ and inserting
‘‘Not later than October 1, 2007,’’.
SEC. 591. RECRUITMENT AND ENLISTMENT OF HOME-SCHOOLED STU-
DENTS IN THE ARMED FORCES.
(a) POLICY ON RECRUITMENT AND ENLISTMENT.—
(1) POLICY REQUIRED.—The Secretary of Defense shall pre-
scribe a policy on the recruitment and enlistment of home-
schooled students in the Armed Forces.
(2) UNIFORMITY ACROSS THE ARMED FORCES.—The Secretary
shall ensure that the policy prescribed under paragraph (1)
applies, to the extent practicable, uniformly across the Armed
Forces.
(b) ELEMENTS.—The policy under subsection (a) shall include
the following:
(1) An identification of a graduate of home schooling for
purposes of recruitment and enlistment in the Armed Forces
that is in accordance with the requirements described in sub-
section (c).
(2) A communication plan to ensure that the policy
described in subsection (c) is understood by recruiting officials
of all the Armed Forces, to include field recruiters at the
lowest level of command.
(3) An exemption of graduates of home schooling from
the requirement for a secondary school diploma or an equivalent
(GED) as a precondition for enlistment in the Armed Forces.
(c) HOME SCHOOL GRADUATES.—In prescribing the policy under
subsection (a), the Secretary of Defense shall prescribe a single
set of criteria to be used by the Armed Forces in determining
whether an individual is a graduate of home schooling. The Sec-
retary concerned shall ensure compliance with education credential
coding requirements.
(d) SECRETARY CONCERNED DEFINED.—In this section, the term
‘‘Secretary concerned’’ has the meaning given such term in section
101(a)(9) of title 10, United States Code.
SEC. 592. MODIFICATION OF REQUIREMENT FOR CERTAIN INTER-
MEDIARIES UNDER CERTAIN AUTHORITIES RELATING TO
ADOPTIONS.
(a) 
REIMBURSEMENT
FOR
ADOPTION
EXPENSES.—Section
1052(g)(1) of title 10, United States Code, is amended by inserting
‘‘or other source authorized to place children for adoption under
State or local law’’ after ‘‘qualified adoption agency’’.
(b) TREATMENT AS CHILDREN FOR MEDICAL AND DENTAL CARE
PURPOSES.—Section 1072(6)(D)(i) of such title is amended by
inserting ‘‘, or by any other source authorized by State or local
law to provide adoption placement,’’ after ‘‘(recognized by the Sec-
retary of Defense)’’.
SEC. 593. ADOPTION LEAVE FOR MEMBERS OF THE ARMED FORCES
ADOPTING CHILDREN.
(a) LEAVE AUTHORIZED.—Section 701 of title 10, United States
Code, is amended by adding at the end the following new subsection:
‘‘(i)(1) Under regulations prescribed by the Secretary of Defense,
a member of the armed forces adopting a child in a qualifying
child adoption is allowed up to 21 days of leave in a calendar
year to be used in connection with the adoption.
10 USC 503 note.
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‘‘(2) For the purpose of this subsection, an adoption of a child
by a member is a qualifying child adoption if the member is eligible
for reimbursement of qualified adoption expenses for such adoption
under section 1052 of this title.
‘‘(3) In the event that two members of the armed forces who
are married to each other adopt a child in a qualifying child adop-
tion, only one such member shall be allowed leave under this
subsection.
‘‘(4) Leave under paragraph (1) is in addition to other leave
provided under other provisions of this section.’’.
(b) EFFECTIVE DATE.—Subsection (i) of section 701 of title 10,
United States Code (as added by subsection (a)), shall take effect
on January 1, 2006, and shall apply only with respect to adoptions
completed on or after that date.
SEC. 594. ADDITION OF INFORMATION TO BE COVERED IN MANDATORY
PRESEPARATION COUNSELING.
Section 1142(b) of title 10, United States Code, is amended—
(1) in paragraph (4), by striking ‘‘(4) Information con-
cerning’’ and inserting the following:
‘‘(4) Provision of information on civilian occupations and
related 
assistance 
programs, 
including 
information
concerning—
‘‘(A) certification and licensure requirements that are
applicable to civilian occupations;
‘‘(B) civilian occupations that correspond to military
occupational specialties; and
‘‘(C)’’; and
(2) by adding at the end the following:
‘‘(11) Information concerning the availability of mental
health services and the treatment of post-traumatic stress dis-
order, anxiety disorders, depression, suicidal ideations, or other
mental health conditions associated with service in the armed
forces.
‘‘(12) Information concerning the priority of service for vet-
erans in the receipt of employment, training, and placement
services provided under qualified job training programs of the
Department of Labor.
‘‘(13) Information concerning veterans small business
ownership and entrepreneurship programs of the Small Busi-
ness Administration and the National Veterans Business
Development Corporation.
‘‘(14) Information concerning employment and reemploy-
ment rights and obligations under chapter 43 of title 38.
‘‘(15) Information concerning veterans preference in federal
employment and federal procurement opportunities.
‘‘(16) Contact information for housing counseling assistance.
‘‘(17) A description, developed in consultation with the Sec-
retary of Veterans Affairs, of health care and other benefits
to which the member may be entitled under the laws adminis-
tered by the Secretary of Veterans Affairs.’’.
SEC. 595. REPORT ON TRANSITION ASSISTANCE PROGRAMS.
(a) REPORT REQUIRED.—Not later than May 1, 2006, the Sec-
retary of Defense shall submit to Congress a report on the actions
taken, including those actions taken pursuant to the recommenda-
tions in the May 2005 report of the Comptroller General submitted
to Congress pursuant to section 598 of the Ronald W. Reagan
10 USC 701 note.
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National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108–375; 118 Stat. 1939), to ensure that the Transition Assist-
ance Programs for members of the Armed Forces separating from
the Armed Forces (including members of the regular components
of the Armed Forces and members of the reserve components of
the Armed Forces) function effectively to provide such members
with timely and comprehensive transition assistance when sepa-
rating from the Armed Forces. The report under this section shall
be prepared in consultation with the Secretary of Labor and the
Secretary of Veterans Affairs.
(b) FOCUS ON PARTICULAR MEMBERS.—The report required by
subsection (a) shall include particular attention to the actions taken
with respect to the Transition Assistance Programs to assist the
following members of the Armed Forces:
(1) Members deployed to Operation Iraqi Freedom.
(2) Members deployed to Operation Enduring Freedom.
(3) Members deployed to or in support of other contingency
operations.
(4) Members of the National Guard activated under the
provisions of title 32, United States Code, in support of relief
efforts for Hurricane Katrina and Hurricane Rita.
SEC. 596. IMPROVEMENT TO DEPARTMENT OF DEFENSE CAPACITY
TO RESPOND TO SEXUAL ASSAULT AFFECTING MEMBERS
OF THE ARMED FORCES.
(a) PLAN FOR SYSTEM TO TRACK CASES IN WHICH CARE OR
PROSECUTION HINDERED BY LACK OF AVAILABILITY.—
(1) PLAN
REQUIRED.—The Secretary of Defense shall
develop and implement a system to track cases under the
jurisdiction of the Department of Defense in which care to
a victim of rape or sexual assault, or the investigation or
prosecution of an alleged perpetrator of rape or sexual assault,
is hindered by the lack of availability of a rape kit or other
needed supplies or by the lack of timely access to appropriate
laboratory testing resources.
(2) SUBMITTAL TO CONGRESSIONAL COMMITTEES.—The Sec-
retary shall submit the plan developed under paragraph (1)
to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives
not later than 120 days after the date of the enactment of
this Act.
(b) ACCESSIBILITY PLAN FOR DEPLOYED UNITS.—
(1) PLAN
REQUIRED.—The Secretary of Defense shall
develop and implement a plan for ensuring accessibility and
availability of supplies, trained personnel, and transportation
resources for responding to sexual assaults occurring in
deployed units. The plan shall include the following:
(A) A plan for the training of personnel who are consid-
ered to be ‘‘first responders’’ to sexual assaults (including
criminal investigators, medical personnel responsible for
rape kit evidence collection, and victims advocates), such
training to include current techniques on the processing
of evidence, including rape kits, and on conducting inves-
tigations.
(B) A plan for ensuring the availability at military
hospitals of supplies needed for the treatment of victims
of sexual assault who present at a military hospital,
10 USC 113 note.
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including rape kits, equipment for processing rape kits,
and supplies for testing and treatment for sexually trans-
mitted infections and diseases, including HIV, and for
testing for pregnancy.
(2) SUBMITTAL TO CONGRESSIONAL COMMITTEES.—The Sec-
retary shall submit the plan developed under paragraph (1)
to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives
not later than 120 days after the date of the enactment of
this Act.
(c) ADDITIONAL MATTERS
FOR ANNUAL REPORT
ON SEXUAL
ASSAULTS.—Section 577(f)(2) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108–
375; 118 Stat. 1927; 10 U.S.C. 113 note) is amended—
(1) by redesignating subparagraph (D) as subparagraph
(G); and
(2) by inserting after subparagraph (C) the following new
subparagraphs:
‘‘(D) A description of the implementation during the year
covered by the report of the tracking system implemented
pursuant to section 596(a) of the National Defense Authoriza-
tion Act for Fiscal Year 2006, including information collected
on cases during that year in which care to a victim of rape
or sexual assault was hindered by the lack of availability of
a rape kit or other needed supplies or by the lack of timely
access to appropriate laboratory testing resources.
‘‘(E) A description of the implementation during the year
covered by the report of the accessibility plan implemented
pursuant to section 596(b) of the National Defense Authoriza-
tion Act for Fiscal Year 2006, including a description of the
steps taken during that year to provide that trained personnel,
appropriate supplies, and transportation resources are acces-
sible to deployed units in order to provide an appropriate and
timely response in any case of reported sexual assault in a
deployed unit.
‘‘(F) A description of the required supply inventory, location,
accessibility, and availability of supplies, trained personnel,
and transportation resources needed, and in fact in place, in
order to be able to provide an appropriate and timely response
in any case of reported sexual assault in a deployed unit.’’.
SEC. 597. AUTHORITY FOR APPOINTMENT OF COAST GUARD FLAG
OFFICER AS CHIEF OF STAFF TO THE PRESIDENT.
(a) AUTHORITY.—Chapter 3 of title 14, United States Code,
is amended by adding at the end the following new section:
‘‘§ 54. Chief of staff to President: appointment
‘‘The President, by and with the advice and consent of the
Senate, may appoint a flag officer of the Coast Guard as the
Chief of Staff to the President.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘54. Chief of Staff to President: appointment.’’.
SEC. 598. PRAYER AT MILITARY SERVICE ACADEMY ACTIVITIES.
(a) IN GENERAL.—The superintendent of a service academy
may have in effect such policy as the superintendent considers
10 USC 4331
note.
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appropriate with respect to the offering of a voluntary, non-
denominational prayer at an otherwise authorized activity of the
academy, subject to the United States Constitution and such limita-
tions as the Secretary of Defense may prescribe.
(b) SERVICE ACADEMIES.—For purposes of this section, the term
‘‘service academy’’ means any of the following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.
SEC. 599. MODIFICATION OF AUTHORITY TO MAKE MILITARY WORKING
DOGS AVAILABLE FOR ADOPTION.
(a) ADMINISTRATION OF AUTHORITY BY SECRETARIES OF MILI-
TARY DEPARTMENTS.—Subsection (a) of section 2583 of title 10,
United States Code, is amended—
(1) by striking ‘‘Secretary of Defense may’’ and inserting
‘‘Secretary of the military department concerned may’’; and
(2) by striking ‘‘the Department of Defense’’ and inserting
‘‘such military department’’.
(b) AUTHORITY
TO MAKE DOGS AVAILABLE
FOR ADOPTION
BEFORE END OF USEFUL WORKING LIFE.—Such subsection is further
amended by striking ‘‘at the end’’ and all that follows and inserting
‘‘, unless the dog has been determined to be unsuitable for adoption
under subsection (b), under circumstances as follows:
‘‘(1) At the end of the dog’s useful working life.
‘‘(2) Before the end of the dog’s useful working life, if
such Secretary, in such Secretary’s discretion, determines that
unusual or extraordinary circumstances justify making the dog
available for adoption before that time.
‘‘(3) When the dog is otherwise excess to the needs of
such military department.’’.
(c) CLARIFICATION
OF REPORTING REQUIREMENT.—Subsection
(f) of such section is amended by inserting ‘‘of Defense’’ after ‘‘Sec-
retary’’.
(d) CONFORMING AND CLERICAL AMENDMENTS.—The heading
of such section, and the item relating to such section in the table
of sections at the beginning of chapter 153 of such title, are each
amended by striking the last six words.
TITLE VI—COMPENSATION AND OTHER
PERSONNEL BENEFITS
SUBTITLE A—PAY AND ALLOWANCES
Sec. 601. Increase in basic pay for fiscal year 2006.
Sec. 602. Additional pay for permanent military professors at United States Naval
Academy with over 36 years of service.
Sec. 603. Basic pay rates for reserve component members selected to attend mili-
tary service academy preparatory schools.
Sec. 604. Clarification of restriction on compensation for correspondence courses.
Sec. 605. Enhanced authority for agency contributions for members of the Armed
Forces participating in the Thrift Savings Plan.
Sec. 606. Pilot program on contributions to Thrift Savings Plan for initial enlistees
in the Army.
Sec. 607. Prohibition against requiring certain injured members to pay for meals
provided by military treatment facilities.
Sec. 608. Permanent authority for supplemental subsistence allowance for low-in-
come members with dependents.
Sec. 609. Increase in basic allowance for housing and extension of temporary lodg-
ing expenses authority for areas subject to major disaster declaration or
for installations experiencing sudden increase in personnel levels.
10 USC prec.
2571.
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Sec. 610. Basic allowance for housing for reserve component members.
Sec. 611. Permanent increase in length of time dependents of certain deceased
members may continue to occupy military family housing or receive
basic allowance for housing.
Sec. 612. Overseas cost of living allowance.
Sec. 613. Allowance to cover portion of monthly deduction from basic pay for
Servicemembers’ Group Life Insurance coverage for members serving in
Operation Enduring Freedom or Operation Iraqi Freedom.
Sec. 614. Income replacement payments for Reserves experiencing extended and
frequent mobilization for active duty service.
SUBTITLE B—BONUSES AND SPECIAL AND INCENTIVE PAYS
Sec. 621. Extension or resumption of certain bonus and special pay authorities for
reserve forces.
Sec. 622. Extension of certain bonus and special pay authorities for certain health
care professionals.
Sec. 623. Extension of special pay and bonus authorities for nuclear officers.
Sec. 624. Extension of other bonus and special pay authorities.
Sec. 625. Eligibility of oral and maxillofacial surgeons for incentive special pay.
Sec. 626. Eligibility of dental officers for additional special pay.
Sec. 627. Increase in maximum monthly rate authorized for hardship duty pay.
Sec. 628. Flexible payment of assignment incentive pay.
Sec. 629. Active-duty reenlistment bonus.
Sec. 630. Reenlistment bonus for members of the Selected Reserve.
Sec. 631. Consolidation and modification of bonuses for affiliation or enlistment in
the Selected Reserve.
Sec. 632. Expansion and enhancement of special pay for enlisted members of the
Selected Reserve assigned to certain high priority units.
Sec. 633. Eligibility requirements for prior service enlistment bonus.
Sec. 634. Increase and enhancement of affiliation bonus for officers of the Selected
Reserve.
Sec. 635. Increase in authorized maximum amount of enlistment bonus.
Sec. 636. Discretion of Secretary of Defense to authorize retroactive hostile fire and
imminent danger pay.
Sec. 637. Increase in maximum bonus amount for nuclear-qualified officers extend-
ing period of active duty.
Sec. 638. Increase in maximum amount of nuclear career annual incentive bonus
for nuclear-qualified officers trained while serving as enlisted members.
Sec. 639. Uniform payment of foreign language proficiency pay to eligible reserve
component members and regular component members.
Sec. 640. Retention bonus for members qualified in certain critical skills or as-
signed to high priority units.
Sec. 641. Incentive bonus for transfer between Armed Forces.
Sec. 642. Availability of special pay for members during rehabilitation from
wounds, injuries, and illnesses incurred in a combat operation or combat
zone.
Sec. 643. Pay and benefits to facilitate voluntary separation of targeted members
of the Armed Forces.
Sec. 644. Ratification of payment of critical-skills accession bonus for persons en-
rolled in Senior Reserve Officers’ Training Corps obtaining nursing de-
grees.
Sec. 645. Temporary authority to pay bonus to encourage members of the Army to
refer other persons for enlistment in the Army.
SUBTITLE C—TRAVEL AND TRANSPORTATION ALLOWANCES
Sec. 651. Authorized absences of members for which lodging expenses at temporary
duty location may be paid.
Sec. 652. Extended period for selection of home for travel and transportation allow-
ances for dependents of deceased members.
Sec. 653. Transportation of family members in connection with the repatriation of
members held captive.
Sec. 654. Increased weight allowances for shipment of household goods of senior
noncommissioned officers.
Sec. 655. Permanent authority to provide travel and transportation allowances for
family members to visit hospitalized members of the Armed Forces in-
jured in combat operation or combat zone.
SUBTITLE D—RETIRED PAY AND SURVIVOR BENEFITS
Sec. 661. Monthly disbursement to States of State income tax withheld from retired
or retainer pay.
Sec. 662. Denial of certain burial-related benefits for individuals who committed a
capital offense.
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Sec. 663. Concurrent receipt of veterans’ disability compensation and military re-
tired pay.
Sec. 664. Additional amounts of death gratuity for survivors of certain members of
the Armed Forces dying on active duty.
Sec. 665. Child support for certain minor children of retirement-eligible members
convicted of domestic violence resulting in death of child’s other parent.
Sec. 666. Comptroller General report on actuarial soundness of the Survivor Ben-
efit Plan.
SUBTITLE E—COMMISSARY AND NONAPPROPRIATED FUND INSTRUMENTALITY
BENEFITS
Sec. 671. Increase in authorized level of supplies and services procurement from
overseas exchange stores.
Sec. 672. Requirements for private operation of commissary store functions.
Sec. 673. Provision of and payment for overseas transportation services for com-
missary and exchange supplies and products.
Sec. 674. Compensatory time off for certain nonappropriated fund employees.
Sec. 675. Rest and recuperation leave programs.
SUBTITLE F—OTHER MATTERS
Sec. 681. Temporary Army authority to provide additional recruitment incentives.
Sec. 682. Clarification of leave accrual for members assigned to a deployable ship
or mobile unit or other duty.
Sec. 683. Expansion of authority to remit or cancel indebtedness of members of the
Armed Forces incurred on active duty.
Sec. 684. Loan repayment program for chaplains in the Selected Reserve.
Sec. 685. Inclusion of Senior Enlisted Advisor for the Chairman of the Joint Chiefs
of Staff among senior enlisted members of the Armed Forces.
Sec. 686. Special and incentive pays considered for saved pay upon appointment of
members as officers.
Sec. 687. Repayment of unearned portion of bonuses, special pays, and educational
benefits.
Sec. 688. Rights of members of the Armed Forces and their dependents under
Housing and Urban Development Act of 1968.
Sec. 689. Extension of eligibility for SSI for certain individuals in families that in-
clude members of the Reserve and National Guard.
Sec. 690. Information for members of the Armed Forces and their dependents on
rights and protections of the Servicemembers Civil Relief Act.
Subtitle A—Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2006.
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment
to become effective during fiscal year 2006 required by section
1009 of title 37, United States Code, in the rates of monthly basic
pay authorized members of the uniformed services shall not be
made.
(b) INCREASE IN BASIC PAY.—Effective on January 1, 2006,
the rates of monthly basic pay for members of the uniformed serv-
ices are increased by 3.1 percent.
SEC. 602. ADDITIONAL PAY FOR PERMANENT MILITARY PROFESSORS
AT UNITED STATES NAVAL ACADEMY WITH OVER 36
YEARS OF SERVICE.
Section 203(b) of title 37, United States Code, is amended
by inserting after ‘‘Military Academy’’ the following: ‘‘, the United
States Naval Academy,’’.
SEC. 603. BASIC PAY RATES FOR RESERVE COMPONENT MEMBERS
SELECTED TO ATTEND MILITARY SERVICE ACADEMY
PREPARATORY SCHOOLS.
Section 203(e)(2) of title 37, United States Code, is amended—
(1) by striking ‘‘on active duty for a period of more than
30 days shall continue to receive’’ and inserting ‘‘shall receive’’;
and
37 USC 1009
note.
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(2) by inserting before the period at the end the following:
‘‘or at the rate provided for cadets and midshipmen under
subsection (c), whichever is greater’’.
SEC. 604. CLARIFICATION OF RESTRICTION ON COMPENSATION FOR
CORRESPONDENCE COURSES.
Section 206(d)(1) of title 37, United States Code, is amended
by inserting after ‘‘reserve component’’ the following: ‘‘or by a
member of the National Guard while not in Federal service’’.
SEC. 605. ENHANCED AUTHORITY FOR AGENCY CONTRIBUTIONS FOR
MEMBERS OF THE ARMED FORCES PARTICIPATING IN
THE THRIFT SAVINGS PLAN.
(a) AUTHORITY TO MAKE CONTRIBUTIONS FOR CERTAIN FIRST-
TIME ENLISTEES.—Subsection (d) of section 211 of title 37, United
States Code, is amended—
(1) in paragraph (1)—
(A) in subparagraph (A), by inserting ‘‘(i)’’ after ‘‘(A)’’;
(B) by redesignating subparagraph (B) as clause (ii)
of subparagraph (A) and, in such clause, by striking the
period at the end and inserting ‘‘; or’’; and
(C) by adding at the end the following new subpara-
graph (B):
‘‘(B) is enlisting in the armed forces for the first time
and the period of the member’s enlistment is not less
than two years.’’;
(2) in paragraph (2), by striking ‘‘paragraph (1)’’ the first
place it appears and inserting ‘‘paragraph (1)(A)’’;
(3) by designating the second sentence of paragraph (2)
as paragraph (4) and, in such paragraph, by striking ‘‘this
paragraph’’ and inserting ‘‘this subsection’’; and
(4) by inserting before such paragraph (4) the following
new paragraph:
‘‘(3) In the case of a member described by paragraph (1)(B),
the Secretary shall make contributions to the Fund for the benefit
of the member for each pay period of the enlistment of the member
described in that paragraph for which the member makes a con-
tribution to the Fund under section 8440e of title 5 (other than
under subsection (d)(2) thereof).’’.
(b) 
CLERICAL
AMENDMENT.—Such 
subsection 
is 
further
amended by inserting ‘‘AND FIRST-TIME ENLISTEES’’ after ‘‘SPECIAL-
TIES’’.
SEC. 606. PILOT PROGRAM ON CONTRIBUTIONS TO THRIFT SAVINGS
PLAN FOR INITIAL ENLISTEES IN THE ARMY.
(a) PILOT PROGRAM REQUIRED.—During fiscal year 2006, the
Secretary of the Army shall use the authority provided by section
211(d)(1)(B) of title 10, United States Code, as amended by section
605, to carry out within the Army a pilot program in order to
assess the extent to which contributions by the Secretary to the
Thrift Savings Fund on behalf of members of the Army described
in subsection (b) would—
(1) assist the Army in recruiting efforts; and
(2) assist such members in establishing habits of financial
responsibility during their initial enlistment in the Armed
Forces.
(b) COVERED MEMBERS.—To be eligible to participate in the
pilot program under subsection (a), a member of the Army must
37 USC 211 note.
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be serving under an initial enlistment for a period of not less
than two years.
(c) CONTRIBUTIONS TO THRIFT SAVINGS FUND.—
(1) IN GENERAL.—The Secretary of the Army may make
contributions to the Thrift Savings Fund on behalf of any
participant in the pilot program under subsection (a) for any
pay period during the period of the pilot program.
(2) LIMITATIONS.—The amount of any contributions made
with respect to a member under paragraph (1) shall be subject
to the provisions of section 8432(c) of title 5, United States
Code.
(d) REPORT.—
(1) IN GENERAL.—Not later than February 1, 2007, the
Secretary of Defense shall submit to the congressional defense
committees a report on the pilot program under subsection
(a).
(2) ELEMENTS.—The report shall include the following:
(A) A description of the pilot program, including the
number of members of the Army who participated in the
pilot program and the contributions made by the Army
to the Thrift Savings Fund on behalf of such members
during the period of the pilot program.
(B) An assessment, based on the pilot program and
taking into account the views of officers and senior enlisted
personnel of the Army, and of field recruiters, of the extent
to which contributions by the military departments to the
Thrift Savings Fund on behalf of members of the Armed
Forces similar to the participants in the pilot program—
(i) would enhance the recruiting efforts of the
Armed Forces; and
(ii) would assist such members in establishing
habits of financial responsibility during their initial
enlistment in the Armed Forces.
SEC. 607. PROHIBITION AGAINST REQUIRING CERTAIN INJURED MEM-
BERS TO PAY FOR MEALS PROVIDED BY MILITARY
TREATMENT FACILITIES.
(a) TEMPORARY PROHIBITION.—Section 402 of title 37, United
States Code, is amended—
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new sub-
section:
‘‘(h) NO PAYMENT FOR MEALS RECEIVED AT MILITARY TREAT-
MENT FACILITIES.—(1) A member of the armed forces who is under-
going medical recuperation or therapy, or is otherwise in the status
of continuous care, including outpatient care, at a military treat-
ment facility for an injury, illness, or disease described in paragraph
(2) shall not be required to pay any charge for meals provided
to the member by the military treatment facility during any month
covered by paragraph (3) in which the member is entitled to a
basic allowance for subsistence under this section.
‘‘(2) Paragraph (1) applies with respect to an injury, illness,
or disease incurred or aggravated by a member while the member
was serving on active duty—
‘‘(A) in support of Operation Iraqi Freedom or Operation
Enduring Freedom; or
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‘‘(B) in any other operation designated by the Secretary
of Defense as a combat operation or in an area designated
by the Secretary as a combat zone.
‘‘(3) This subsection shall apply to months beginning during
the period beginning on October 1, 2005, and ending on December
31, 2006.’’.
(b) REPEAL OF TEMPORARY AUTHORITY.—Section 1023 of divi-
sion A of the Emergency Supplemental Appropriations Act for
Defense, the Global War on Terror, and Tsunami Relief, 2005
(Public Law 109–13), is repealed.
SEC. 608. PERMANENT AUTHORITY FOR SUPPLEMENTAL SUBSISTENCE
ALLOWANCE FOR LOW-INCOME MEMBERS WITH DEPEND-
ENTS.
(a) REPEAL OF TERMINATION PROVISION.—Section 402a of title
37, United States Code, is amended by striking subsection (i).
(b) TECHNICAL AND CONFORMING AMENDMENTS.—Subsection (f)
of such section is amended—
(1) in the first sentence, by striking ‘‘Secretary of Transpor-
tation’’ and inserting ‘‘Secretary of Homeland Security, with
respect to the Coast Guard’’; and
(2) by striking the second sentence.
SEC. 609. INCREASE IN BASIC ALLOWANCE FOR HOUSING AND EXTEN-
SION OF TEMPORARY LODGING EXPENSES AUTHORITY
FOR AREAS SUBJECT TO MAJOR DISASTER DECLARA-
TION OR FOR INSTALLATIONS EXPERIENCING SUDDEN
INCREASE IN PERSONNEL LEVELS.
(a) TEMPORARY BASIC ALLOWANCE
FOR HOUSING INCREASE
AUTHORIZED.—Section 403(b) of title 37, United States Code, is
amended by adding at the end the following new paragraph:
‘‘(7)(A) Under the authority of this paragraph, the Secretary
of Defense may prescribe a temporary increase in the rates of
basic allowance for housing otherwise prescribed for a military
housing area or a portion of a military housing area if the military
housing area or portion thereof—
‘‘(i) is located in an area covered by a declaration by the
President under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170) that
a major disaster exists; or
‘‘(ii) contains one or more military installations that are
experiencing a sudden increase in the number of members
of the armed forces assigned to the installation.
‘‘(B) The Secretary of Defense shall base the amount of the
increase to be made in the rates of basic allowance for housing
for an area on a determination by the Secretary of the amount
by which the costs of adequate housing for civilians have increased
in the area by reason of the disaster or the influx of military
personnel, except that the increase may not exceed the amount
equal to 20 percent of the rate of basic allowance for housing
otherwise prescribed for the area.
‘‘(C) A member may be paid a basic allowance for housing
at a rate increased under this paragraph only if the member certifies
to the Secretary concerned that the member has incurred increased
housing costs in the area by reason of the disaster or the influx
of military personnel.
‘‘(D) Subject to subparagraph (E), an increase in the rates
of basic allowance for housing in an area under this paragraph
Ante, p. 251.
Effective date.
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shall remain in effect until the effective date of the first adjustment
in rates of basic allowance for housing made for the area pursuant
to a redetermination of housing costs in the area under this sub-
section that occurs after the date of the increase under this para-
graph.
‘‘(E) An increase in the rates of basic allowance for housing
for an area may not be prescribed under this paragraph or continue
after December 31, 2008.’’.
(b) TEMPORARY EXTENSION OF TEMPORARY LODGING EXPENSES
AUTHORITY.—Section 404a(c) of such title is amended by adding
at the end the following new paragraph:
‘‘(3) Whenever the conditions described in clause (i) or (ii)
of subparagraph (A) of section 403(b)(7) of this title exist for a
military housing area or portion thereof, the Secretary concerned
may increase the period for which subsistence expenses are to
be paid or reimbursed under this section in the case of a change
of permanent station described in subparagraph (A) or (C) of sub-
section (a)(2) in the same military housing area or portion thereof
to a maximum of 20 days.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to months beginning on or after September
1, 2005.
SEC. 610. BASIC ALLOWANCE FOR HOUSING FOR RESERVE COMPO-
NENT MEMBERS.
(a) EQUAL TREATMENT OF RESERVE MEMBERS.—Subsection (g)
of section 403 of title 37, United States Code, is amended—
(1) by redesignating paragraph (3) as paragraph (4);
(2) by inserting after paragraph (2) the following new para-
graph (3):
‘‘(3) The rate of basic allowance for housing to be paid to
the following members of a reserve component shall be equal to
the rate in effect for similarly situated members of a regular compo-
nent of the uniformed services:
‘‘(A) A member who is called or ordered to active duty
for a period of more than 30 days.
‘‘(B) A member who is called or ordered to active duty
for a period of 30 days or less in support of a contingency
operation.’’; and
(3) in paragraph (4), as so redesignated, by striking ‘‘less
than 140 days’’ and inserting ‘‘30 days or less’’.
(b) CONFORMING AMENDMENT REGARDING MEMBERS WITHOUT
DEPENDENTS.—Paragraph (1) of such subsection is amended by
inserting ‘‘or for a period of more than 30 days’’ after ‘‘in support
of a contingency operation’’ both places it appears.
SEC. 611. PERMANENT INCREASE IN LENGTH OF TIME DEPENDENTS
OF CERTAIN DECEASED MEMBERS MAY CONTINUE TO
OCCUPY MILITARY FAMILY HOUSING OR RECEIVE BASIC
ALLOWANCE FOR HOUSING.
Effective immediately after the termination, pursuant to sub-
section (b) of section 1022 of Public Law 109–13 (119 Stat. 251)
and section 124 of Public Law 109–77 (119 Stat. 2041), of the
amendments made by subsection (a) of such section 1022, section
403(l) of title 37, United States Code, is amended by striking
‘‘180 days’’ each place it appears and inserting ‘‘365 days’’.
37 USC 403 note.
37 USC 403 note.
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SEC. 612. OVERSEAS COST OF LIVING ALLOWANCE.
(a) PAYMENT OF ALLOWANCE BASED ON OVERSEAS LOCATION
OF DEPENDENTS.—Section 405 of title 37, United States Code, is
amended by adding at the end the following new subsection:
‘‘(e) PAYMENT OF ALLOWANCE BASED ON OVERSEAS LOCATION
OF DEPENDENTS.—In the case of a member assigned to duty inside
the continental United States whose dependents continue to reside
outside the continental United States, the Secretary concerned may
pay the member a per diem under this section based on the location
of the dependents and provide reimbursement under subsection
(d) for an unusual or extraordinary expense incurred by the depend-
ents if the Secretary determines that such payment or reimburse-
ment is in the best interest of the member or the member’s depend-
ents and in the best interest of the United States.’’.
(b) CLARIFICATION
OF
EXPENSES
ELIGIBLE
FOR
LUMP-SUM
REIMBURSEMENT.—Subsection (d) of such section is amended—
(1) in the subsection heading, by striking ‘‘NONRECURRING’’
and inserting ‘‘UNUSUAL OR EXTRAORDINARY’’;
(2) by inserting ‘‘or (e)’’ after ‘‘subsection (a)’’ each place
it appears; and
(3) in paragraph (1)—
(A) by striking ‘‘a nonrecurring’’ and inserting ‘‘an
unusual or extraordinary’’ in the matter preceding subpara-
graph (A); and
(B) in subparagraph (A), by inserting ‘‘or the location
of the member’s dependents’’ before the semicolon.
SEC. 613. ALLOWANCE TO COVER PORTION OF MONTHLY DEDUCTION
FROM BASIC PAY FOR SERVICEMEMBERS’ GROUP LIFE
INSURANCE COVERAGE FOR MEMBERS SERVING IN
OPERATION ENDURING FREEDOM OR OPERATION IRAQI
FREEDOM.
(a) ALLOWANCE TO COVER SGLI DEDUCTIONS.—Chapter 7 of
title 37, United States Code, is amended by adding at the end
the following new section:
‘‘§ 437. Allowance to cover portion of monthly premium for
Servicemembers’ Group Life Insurance: members
serving in Operation Enduring Freedom or Oper-
ation Iraqi Freedom
‘‘(a) REQUIRED REIMBURSEMENT FOR PREMIUM DEDUCTION.—
(1) In the case of a member of the armed forces who has insurance
coverage for the member under the Servicemembers’ Group Life
Insurance program under subchapter III of chapter 19 of title
38 and who serves in the theater of operations for Operation
Enduring Freedom or Operation Iraqi Freedom at any time during
a month, the Secretary concerned shall pay the member an allow-
ance under this section for that month in an amount equal to
the amount of the deduction made under subsection (a)(1) of section
1969 of such title for the first $150,000 of Servicemembers’ Group
Life Insurance coverage held by the member under section 1967
of such title.
‘‘(2) If a member described in paragraph (1) elected to be
insured in an amount less than the coverage amount specified
in paragraph (1) or in effect pursuant to subsection (b), the amount
of the allowance under this section for a month shall be equal
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to the amount of the deduction made for that month under sub-
section (a)(1) of section 1969 of title 38 from the basic pay of
the member for the amount of Servicemembers’ Group Life Insur-
ance coverage actually held by the member under section 1967
of such title.
‘‘(b) AUTHORITY
TO
INCREASE
MAXIMUM
REIMBURSEMENT
AMOUNT.—For purposes of subsection (a), the Secretary of Defense
is authorized to increase the coverage amount specified in para-
graph (1) of such subsection to permit the reimbursement of all
or an additional amount of the deduction made under section
1969(a)(1) of title 38 for levels of coverage in excess of $150,000
for members under the Servicemembers’ Group Life Insurance pro-
gram.
‘‘(c) NOTICE OF AVAILABILITY OF ALLOWANCE.—To the maximum
extent practicable, in advance of the deployment of a member
to a theater of operations referred to in subsection (a), the Secretary
concerned shall give the member information regarding the fol-
lowing:
‘‘(1) The availability of the allowance under this section
for members insured under the Servicemembers’ Group Life
Insurance program.
‘‘(2) The ability of members who elected not to be insured
under Servicemembers’ Group Life Insurance, or elected less
than the coverage amount specified in subsection (a)(1) or in
effect pursuant to subsection (b), to obtain insurance, or to
obtain additional coverage, as the case may be, under the
authority provided in section 1967(c) of title 38.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 7 of title 37, United States Code, is amended
by adding at the end the following new item:
‘‘437. Allowance to cover portion of monthly premium for Servicemembers’ Group
Life Insurance: members serving in Operation Enduring Freedom or Op-
eration Iraqi Freedom.’’.
(c) EFFECTIVE DATE; NOTIFICATION.—Section 437 of title 37,
United States Code, as added by subsection (a), shall apply with
respect to service by members of the Armed Forces in the theater
of operations for Operation Enduring Freedom or Operation Iraqi
Freedom for months beginning on or after the date of the enactment
of this Act. In the case of members who are serving in the theater
of operations for Operation Enduring Freedom or Operation Iraqi
Freedom as of such date, the Secretary of Defense shall provide
such members, as soon as practicable, the information specified
in subsection (c) of that section.
SEC. 614. INCOME REPLACEMENT PAYMENTS FOR RESERVES EXPERI-
ENCING EXTENDED AND FREQUENT MOBILIZATION FOR
ACTIVE DUTY SERVICE.
(a) IN GENERAL.—Chapter 17 of title 37, United States Code,
is amended by adding at the end the following new section:
‘‘§ 910. Replacement of lost income: involuntarily mobilized
reserve component members subject to extended
and frequent active duty service
‘‘(a) PAYMENT REQUIRED.—The Secretary concerned shall pay
to an eligible member of a reserve component of the armed forces
an amount equal to the monthly active-duty income differential
of the member, as determined by the Secretary. The payments
shall be made on a monthly basis.
37 USC 437 note.
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‘‘(b) ELIGIBILITY.—Subject to subsection (c), a reserve component
member is entitled to a payment under this section for any full
month of active duty of the member, while on active duty under
an involuntary mobilization order, following the date on which
the member—
‘‘(1) completes 18 continuous months of service on active
duty under such an order;
‘‘(2) completes 24 months on active duty during the previous
60 months under such an order; or
‘‘(3) is involuntarily mobilized for service on active duty
for a period of 180 days or more within six months or less
following the member’s separation from a previous period of
involuntary active duty for a period of 180 days or more.
‘‘(c) MINIMUM AND MAXIMUM PAYMENT AMOUNTS.—(1) A pay-
ment under this section shall be made to a member for a month
only if the amount of the monthly active-duty income differential
for the month is greater than $50.
‘‘(2) Notwithstanding the amount determined under subsection
(d) for a member for a month, the monthly payment to a member
under this section may not exceed $3,000.
‘‘(d) MONTHLY ACTIVE-DUTY INCOME DIFFERENTIAL.—For pur-
poses of this section, the monthly active-duty income differential
of a member is the difference between—
‘‘(1) the average monthly civilian income of the member;
and
‘‘(2) the member’s total monthly military compensation.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘average monthly civilian income’, with
respect to a member of a reserve component, means the amount,
determined by the Secretary concerned, of the earned income
of the member for either the 12 months preceding the member’s
mobilization or the 12 months covered by the member’s most
recent Federal income tax filing, divided by 12.
‘‘(2) The term ‘total monthly military compensation’ means
the amount, computed on a monthly basis, of the sum of—
‘‘(A) the amount of the regular military compensation
(RMC) of the member; and
‘‘(B) any amount of special pay or incentive pay and
any allowance (other than an allowance included in regular
military compensation) that is paid to the member on a
monthly basis.
‘‘(f) REGULATIONS.—This section shall be administered under
regulations to be prescribed by the Secretary of Defense.
‘‘(g) TERMINATION OF AUTHORITY.—No payment shall be made
under this section after December 31, 2008.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘910. Replacement of lost income: involuntarily mobilized reserve component mem-
bers subject to extended and frequent active duty service.’’.
(c) EFFECTIVE DATE.—Section 910 of title 37, United States
Code, as added by subsection (a), may apply only with respect
to months beginning after the end of the 180-day period beginning
on the date of the enactment of this Act .
37 USC 910 note.
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Subtitle B—Bonuses and Special and
Incentive Pays
SEC. 621. EXTENSION OR RESUMPTION OF CERTAIN BONUS AND SPE-
CIAL PAY AUTHORITIES FOR RESERVE FORCES.
(a) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(g)
of title 37, United States Code, is amended by striking ‘‘December
31, 2005’’ and inserting ‘‘December 31, 2006’’.
(b) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN
HIGH PRIORITY UNITS.—Section 308d(c) of such title is amended
by striking ‘‘December 31, 2005’’ and inserting ‘‘December 31, 2006’’.
(c) READY RESERVE ENLISTMENT BONUS FOR PERSONS WITHOUT
PRIOR SERVICE.—Section 308g(h) of such title is amended by
striking ‘‘an enlistment after September 30, 1992’’ and inserting
‘‘an enlistment—
‘‘(1) during the period beginning on October 1, 1992, and
ending on September 30, 2005; or
‘‘(2) after December 31, 2006.’’.
(d) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS
FOR PERSONS WITH PRIOR SERVICE.—Section 308h(g) of such title
is amended by striking ‘‘December 31, 2005’’ and inserting
‘‘December 31, 2006’’.
(e) SELECTED RESERVE ENLISTMENT BONUS FOR PERSONS WITH
PRIOR SERVICE.—Section 308i(f) of such title is amended by striking
‘‘December 31, 2005’’ and inserting ‘‘December 31, 2006’’.
SEC. 622. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORI-
TIES FOR CERTAIN HEALTH CARE PROFESSIONALS.
(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section
2130a(a)(1) of title 10, United States Code, is amended by striking
‘‘December 31, 2005’’ and inserting ‘‘December 31, 2006’’.
(b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH
PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE.—Section
16302(d) of such title is amended by striking ‘‘January 1, 2006’’
and inserting ‘‘January 1, 2007’’.
(c) ACCESSION
BONUS
FOR
REGISTERED
NURSES.—Section
302d(a)(1) of title 37, United States Code, is amended by striking
‘‘December 31, 2005’’ and inserting ‘‘December 31, 2006’’.
(d) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section
302e(a)(1) of such title is amended by striking ‘‘December 31, 2005’’
and inserting ‘‘December 31, 2006’’.
(e) SPECIAL PAY
FOR SELECTED RESERVE HEALTH PROFES-
SIONALS
IN
CRITICALLY
SHORT
WARTIME
SPECIALTIES.—Section
302g(f) of such title is amended by striking ‘‘December 31, 2005’’
and inserting ‘‘December 31, 2006’’.
(f) 
ACCESSION
BONUS
FOR
DENTAL
OFFICERS.—Section
302h(a)(1) of such title is amended by striking ‘‘December 31, 2005’’
and inserting ‘‘December 31, 2006’’.
(g) ACCESSION
BONUS
FOR
PHARMACY
OFFICERS.—Section
302j(a) of such title is amended by striking ‘‘December 31, 2005’’
and inserting ‘‘December 31, 2006’’.
SEC. 623. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR
NUCLEAR OFFICERS.
(a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING
PERIOD
OF ACTIVE SERVICE.—Section 312(e) of title 37, United
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States Code, is amended by striking ‘‘December 31, 2005’’ and
inserting ‘‘December 31, 2006’’.
(b) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of
such title is amended by striking ‘‘December 31, 2005’’ and inserting
‘‘December 31, 2006’’.
(c) NUCLEAR
CAREER
ANNUAL
INCENTIVE
BONUS.—Section
312c(d) of such title is amended by striking ‘‘December 31, 2005’’
and inserting ‘‘December 31, 2006’’.
SEC. 624. EXTENSION OF OTHER BONUS AND SPECIAL PAY AUTHORI-
TIES.
(a) AVIATION OFFICER RETENTION BONUS.—Section 301b(a) of
title 37, United States Code, is amended by striking ‘‘December
31, 2005’’ and inserting ‘‘December 31, 2006’’.
(b) ASSIGNMENT INCENTIVE PAY.—Section 307a(f) of such title
is amended by striking ‘‘December 31, 2006’’ and inserting
‘‘December 31, 2007’’.
(c) REENLISTMENT
BONUS
FOR
ACTIVE
MEMBERS.—Section
308(g) of such title is amended by striking ‘‘December 31, 2005’’
and inserting ‘‘December 31, 2006’’.
(d) ENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section 309(e)
of such title is amended by striking ‘‘December 31, 2005’’ and
inserting ‘‘December 31, 2006’’.
(e) RETENTION BONUS FOR MEMBERS WITH CRITICAL MILITARY
SKILLS.—Section 323(i) of such title is amended by striking
‘‘December 31, 2005’’ and inserting ‘‘December 31, 2006’’.
(f) ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL SKILLS.—
Section 324(g) of such title is amended by striking ‘‘December
31, 2005’’ and inserting ‘‘December 31, 2006’’.
SEC. 625. ELIGIBILITY OF ORAL AND MAXILLOFACIAL SURGEONS FOR
INCENTIVE SPECIAL PAY.
(a) ELIGIBILITY.—Subsection (a) of section 302b of title 37,
United States Code, is amended—
(1) in the subsection heading, by striking ‘‘AND BOARD
CERTIFICATION’’ and inserting ‘‘BOARD
CERTIFICATION, AND
INCENTIVE’’; and
(2) by adding at the end the following new paragraph:
‘‘(6) An officer described in paragraph (1) who is an oral or
maxillofacial surgeon may be paid incentive special pay at the
same rates, and subject to the same terms and conditions, as
incentive special pay available for medical officers under section
302(b) of this title.’’.
(b) CONFORMING
AMENDMENTS.—Such section is further
amended in subsections (b) and (d) by striking ‘‘subsection (a)(4)’’
each place it appears and inserting ‘‘paragraph (4) or (6) of sub-
section (a)’’.
SEC. 626. ELIGIBILITY OF DENTAL OFFICERS FOR ADDITIONAL SPE-
CIAL PAY.
Section 302b(a)(4) of title 37, United States Code, is amended
in the first sentence—
(1) by inserting ‘‘also’’ before ‘‘is entitled’’; and
(2) by inserting ‘‘initial’’ before ‘‘residency’’.
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SEC. 627. INCREASE IN MAXIMUM MONTHLY RATE AUTHORIZED FOR
HARDSHIP DUTY PAY.
Section 305(a) of title 37, United States Code, is amended
by striking ‘‘$300’’ and inserting ‘‘$750’’.
SEC. 628. FLEXIBLE PAYMENT OF ASSIGNMENT INCENTIVE PAY.
(a) AUTHORITY TO PROVIDE LUMP SUM OR INSTALLMENT PAY-
MENTS.—Section 307a of title 37, United States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘monthly’’; and
(B) by adding at the end the following new sentence:
‘‘Incentive pay payable under this section may be paid
on a monthly basis, in a lump sum, or in installments.’’;
and
(2) in subsection (b)—
(A) by inserting ‘‘(1)’’ before ‘‘The Secretary concerned’’;
(B) in paragraph (1), as so designated, by striking
‘‘incentive pay’’ in the first sentence and inserting ‘‘the
payment of incentive pay on a monthly basis’’; and
(C) by adding at the end the following new paragraph:
‘‘(2) The Secretary concerned shall require a member performing
service in an assignment designated under subsection (a) to enter
into a written agreement with the Secretary in order to qualify
for the payment of incentive pay on a lump sum or installment
basis under this section. The written agreement shall specify the
period for which the incentive pay will be paid to the member
and, subject to subsection (c), the amount of the lump sum, or
each installment, of the incentive pay.’’.
(b) MAXIMUM RATE OR AMOUNT.—Subsection (c) of such section
is amended to read as follows:
‘‘(c) MAXIMUM RATE OR AMOUNT.—(1) The maximum monthly
rate of incentive pay payable to a member on a monthly basis
under this section is $3,000.
‘‘(2) The amount of the lump sum payment of incentive pay
payable to a member on a lump sum basis under this section
may not exceed an amount equal to the product of—
‘‘(A) the maximum monthly rate authorized under para-
graph (1) at the time of the written agreement of the member
under subsection (b)(2); and
‘‘(B) the number of months in the period for which incentive
pay will be paid pursuant to the agreement.
‘‘(3) The amount of each installment payment of incentive pay
payable to a member on an installment basis under this section
shall be the amount equal to—
‘‘(A) the product of (i) a monthly rate specified in the
written agreement of the member under subsection (b)(2) (which
monthly rate may not exceed the maximum monthly rate
authorized under paragraph (1) at the time of the written
agreement), and (ii) the number of months in the period for
which incentive pay will be paid; divided by
‘‘(B) the number of installments over such period.
‘‘(4) If a member extends an assignment specified in an agree-
ment with the Secretary under subsection (b), incentive pay for
the period of the extension may be paid under this section on
a monthly basis, in a lump sum, or in installments in accordance
with this section.’’.
(c) REPAYMENT.—Such section is further amended—
Contracts.
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(1) by redesignating subsections (d), (e), and (f) as sub-
sections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c), as amended by sub-
section (b) of this section, the following new subsection (d):
‘‘(d) REPAYMENT OF INCENTIVE PAY.—(1) A member who, pursu-
ant to an agreement under subsection (b)(2), receives a lump sum
or installment payment of incentive pay under this section and
who fails to complete the total period of service or other conditions
specified in the agreement voluntarily or because of misconduct,
shall refund to the United States an amount equal to the percentage
of incentive pay paid which is equal to the unexpired portion of
the service divided by the total period of service. The Secretary
concerned may waive repayment of an amount of incentive pay
under this section, in whole or in part, if the Secretary determines
that conditions and circumstances warrant.
‘‘(2) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
‘‘(3) A discharge in bankruptcy under title 11 that is entered
less than 5 years after the termination of the agreement does
not discharge the member signing the agreement from a debt arising
under paragraph (1).’’.
SEC. 629. ACTIVE-DUTY REENLISTMENT BONUS.
(a) ELIGIBILITY OF SENIOR ENLISTED MEMBERS.—Subsection (a)
of section 308 of title 37, United States Code, is amended—
(1) in paragraph (1)(A), by striking ‘‘16 years of active
duty’’ and inserting ‘‘20 years of active duty’’; and
(2) in paragraph (3), by striking ‘‘18 years’’ and inserting
‘‘24 years’’.
(b) INCREASE IN AUTHORIZED MAXIMUM AMOUNT OF BONUS.—
Paragraph (2)(B) of such subsection is amended by striking
‘‘$60,000’’ and inserting ‘‘$90,000’’.
(c) REPEAL OF REFERENCE TO OBSOLETE SPECIAL PAY.—Para-
graph (1) of such subsection is amended—
(1) by inserting ‘‘and’’ at the end of subparagraph (B);
(2) by striking subparagraph (C); and
(3) by redesignating subparagraph (D) as subparagraph
(C).
(d) REPEAL OF OBSOLETE SPECIAL PAY.—
(1) REPEAL.—Section 312a of title 37, United States Code,
is repealed.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 5 of such title is amended by striking
the item relating to section 312a.
SEC. 630. REENLISTMENT BONUS FOR MEMBERS OF THE SELECTED
RESERVE.
(a) ELIGIBILITY
OF SENIOR ENLISTED MEMBERS.—Subsection
(a)(1) of section 308b of title 37, United States Code, is amended
by striking ‘‘16 years of total military service’’ and inserting ‘‘20
years of total military service’’.
(b) COMPUTATION OF BONUS AMOUNT.—Subsection (b) of such
section is amended by adding at the end the following new para-
graph:
‘‘(3) Any portion of a term of reenlistment or extension of
enlistment of a member that, when added to the total years of
service of the member at the time of discharge or release, exceeds
37 USC prec.
301.
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24 years may not be used in computing the total bonus amount
under paragraph (1).’’.
SEC. 631. CONSOLIDATION AND MODIFICATION OF BONUSES FOR
AFFILIATION 
OR 
ENLISTMENT 
IN 
THE 
SELECTED
RESERVE.
(a) CONSOLIDATION AND MODIFICATION OF BONUSES.—Section
308c of title 37, United States Code, is amended to read as follows:
‘‘§ 308c. Special pay: bonus for affiliation or enlistment in
the Selected Reserve
‘‘(a) AFFILIATION BONUS AUTHORIZED.—The Secretary concerned
may pay an affiliation bonus to an enlisted member of an armed
force who—
‘‘(1) has completed fewer than 20 years of military service;
and
‘‘(2) executes a written agreement to serve in the Selected
Reserve of the Ready Reserve of an armed force for a period
of not less than three years in a skill, unit, or pay grade
designated under subsection (b) after being discharged or
released from active duty under honorable conditions.
‘‘(b) DESIGNATION OF SKILLS, UNITS, AND PAY GRADES.—The
Secretary concerned shall designate the skills, units, and pay grades
for which an affiliation bonus may be paid under subsection (a).
Any skill, unit, or pay grade so designated shall be a skill, unit,
or pay grade for which there is a critical need for personnel in
the Selected Reserve of the Ready Reserve of an armed force,
as determined by the Secretary concerned. The Secretary concerned
shall establish other requirements to ensure that members accepted
for affiliation meet required performance and discipline standards.
‘‘(c) ACCESSION BONUS AUTHORIZED.—The Secretary concerned
may pay an accession bonus to a person who—
‘‘(1) has not previously served in the armed forces; and
‘‘(2) executes a written agreement to serve as an enlisted
member in the Selected Reserve of the Ready Reserve of an
armed force for a period of not less than three years upon
acceptance of the agreement by the Secretary concerned.
‘‘(d) LIMITATION ON AMOUNT OF BONUS.—The amount of a bonus
under subsection (a) or (c) may not exceed $20,000.
‘‘(e) PAYMENT METHOD.—Upon acceptance of a written agree-
ment by the Secretary concerned, the total amount of the bonus
payable under the agreement becomes fixed. The agreement shall
specify whether the bonus shall be paid by the Secretary concerned
in a lump sum or in installments.
‘‘(f) CONTINUED ENTITLEMENT TO BONUS PAYMENTS.—A member
entitled to a bonus under this section who is called or ordered
to active duty shall be paid, during that period of active duty,
any amount of the bonus that becomes payable to the member
during that period of active duty.
‘‘(g) REPAYMENT.—(1) A person who enters into an agreement
under subsection (a) or (c) and receives all or part of the bonus
under the agreement, but who does not commence to serve in
the Selected Reserve or does not satisfactorily participate in the
Selected Reserve for the total period of service specified in the
agreement, shall repay to the United States the amount of the
bonus so paid, except as otherwise prescribed under paragraph
(2).
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‘‘(2) The Secretary concerned shall prescribe in regulations
whether repayment of an amount otherwise required under para-
graph (1) shall be made in whole or in part, the method for com-
puting the amount of such repayment, and any conditions under
which an exception to required repayment would apply.
‘‘(3) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
A discharge in bankruptcy under title 11 that is entered less than
five years after the termination of an agreement entered into under
subsection (a) or (c) does not discharge the individual signing the
agreement from a debt arising under such agreement or under
paragraph (1).
‘‘(h) REGULATIONS.—This section shall be administered under
regulations prescribed by the Secretary of Defense for the armed
forces under the jurisdiction of the Secretary of Defense and by
the Secretary of Homeland Security for the Coast Guard when
it is not operating as a service in the Navy.
‘‘(i) TERMINATION OF BONUS AUTHORITY.—No bonus may be
paid under this section with respect to any agreement entered
into under subsection (a) or (c) after December 31, 2006.’’.
(b) REPEAL OF SUPERSEDED AFFILIATION BONUS AUTHORITY.—
Section 308e of such title is repealed.
(c) CLERICAL AMENDMENTS.—The table of sections at the begin-
ning of chapter 5 of such title is amended—
(1) by striking the item relating to section 308c and
inserting the following new item:
‘‘308c. Special pay: bonus for affiliation or enlistment in the Selected Reserve.’’;
and
(2) by striking the item relating to section 308e.
SEC. 632. EXPANSION AND ENHANCEMENT OF SPECIAL PAY FOR
ENLISTED 
MEMBERS 
OF 
THE 
SELECTED 
RESERVE
ASSIGNED TO CERTAIN HIGH PRIORITY UNITS.
(a) ELIGIBILITY FOR PAY.—Subsection (a) of section 308d of
title 37, United States Code, is amended by striking ‘‘an enlisted
member’’ and inserting ‘‘a member’’.
(b) AMOUNT OF PAY.—Such subsection is further amended by
striking ‘‘$10’’ and inserting ‘‘$50’’.
(c) CONFORMING AND CLERICAL AMENDMENTS.—
(1) CONFORMING AMENDMENT.—The heading of such section
is amended to read as follows:
‘‘§ 308d. Special pay: members of the Selected Reserve
assigned to certain high priority units’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 5 of such title is amended by striking
the item relating to section 308d and inserting the following
new item:
‘‘308d. Special pay: members of the Selected Reserve assigned to certain high pri-
ority units.’’.
SEC. 633. ELIGIBILITY REQUIREMENTS FOR PRIOR SERVICE ENLIST-
MENT BONUS.
Section 308i(a)(2) of title 37, United States Code, is amended—
(1) by striking subparagraph (A) and inserting the following
new subparagraph:
37 USC prec.
301.
Regulations.
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‘‘(A) The person has not more than 16 years of total military
service and received an honorable discharge at the conclusion
of all prior periods of service.’’; and
(2) by striking subparagraph (D).
SEC. 634. INCREASE AND ENHANCEMENT OF AFFILIATION BONUS FOR
OFFICERS OF THE SELECTED RESERVE.
(a) REPEAL OF PROHIBITION ON ELIGIBILITY FOR PRIOR RESERVE
SERVICE.—Subsection (a)(2) of section 308j of title 37, United States
Code, is amended—
(1) in subparagraph (A), by adding ‘‘and’’ at the end;
(2) by striking subparagraph (B); and
(3) by redesignating subparagraph (C) as subparagraph
(B).
(b) INCREASE IN MAXIMUM AMOUNT.—Subsection (d) of such
section is amended by striking ‘‘$6,000’’ and inserting ‘‘$10,000’’.
(c) CONFORMING AND CLERICAL AMENDMENTS.—
(1) CONFORMING AMENDMENT.—The heading of such section
is amended to read as follows:
‘‘§ 308j. Special pay: affiliation bonus for officers in the
Selected Reserve’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 5 of such title is amended by striking
the item relating to section 308j and inserting the following
new item:
‘‘308j. Special pay: affiliation bonus for officers in the Selected Reserve.’’.
SEC. 635. INCREASE IN AUTHORIZED MAXIMUM AMOUNT OF ENLIST-
MENT BONUS.
Section 309(a) of title 37, United States Code, is amended
by striking ‘‘$20,000’’ and inserting ‘‘$40,000’’.
SEC. 636. DISCRETION OF SECRETARY OF DEFENSE TO AUTHORIZE
RETROACTIVE HOSTILE FIRE AND IMMINENT DANGER
PAY.
Section 310(c) of title 37, United States Code, is amended—
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(2) by inserting before paragraph (2), as so redesignated,
the following new paragraph (1):
‘‘(1) In the case of an area described in subparagraph (B)
or (D) of subsection (a)(2), the Secretary of Defense shall be respon-
sible for designating the period during which duty in the area
will qualify members for special pay under this section. The effective
date designated for the commencement of such a period may be
a date occurring before, on, or after the actual date on which
the Secretary makes the designation. If the commencement date
for such a period is a date occurring before the date on which
the Secretary makes the designation, the payment of special pay
under this section for the period between the commencement date
and the date on which the Secretary makes the designation shall
be subject to the availability of appropriated funds for that pur-
pose.’’.
37 USC prec.
301.
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SEC. 637. INCREASE IN MAXIMUM BONUS AMOUNT FOR NUCLEAR-
QUALIFIED OFFICERS EXTENDING PERIOD OF ACTIVE
DUTY.
Section 312(a) of title 37, United States Code, is amended
by striking ‘‘$25,000’’ and inserting ‘‘$30,000’’.
SEC. 638. INCREASE IN MAXIMUM AMOUNT OF NUCLEAR CAREER
ANNUAL INCENTIVE BONUS FOR NUCLEAR-QUALIFIED
OFFICERS TRAINED WHILE SERVING AS ENLISTED MEM-
BERS.
Section 312c(b)(1) of title 37, United States Code, is amended
by striking ‘‘$10,000’’ and inserting ‘‘$14,000’’.
SEC. 639. UNIFORM PAYMENT OF FOREIGN LANGUAGE PROFICIENCY
PAY TO ELIGIBLE RESERVE COMPONENT MEMBERS AND
REGULAR COMPONENT MEMBERS.
(a) AVAILABILITY
OF BONUS
IN LIEU
OF MONTHLY SPECIAL
PAY.—Subsection (a) of section 316 of title 37, United States Code,
is amended—
(1) by striking ‘‘SPECIAL PAY’’ and inserting ‘‘BONUS’’;
(2) by striking ‘‘monthly special pay’’ and inserting ‘‘a
bonus’’; and
(3) by striking ‘‘is entitled to basic pay under section 204
of this title and who’’.
(b) PAYMENT OF BONUS.—Such section is further amended—
(1) by striking subsections (b), (d), (e), and (g);
(2) by redesignating subsections (f) and (h) as subsections
(d) and (f), respectively; and
(3) by inserting after subsection (a) the following new sub-
section (b):
‘‘(b) BONUS AMOUNT; TIME FOR PAYMENT.—A bonus under sub-
section (a) may not exceed $12,000 per one-year certification period
under subsection (c). The Secretary concerned may pay the bonus
in a single lump sum at the beginning of the certification period
or in installments during the certification period. The bonus is
in addition to any other pay or allowance payable to a member
under any other provision of law.’’.
(c) REPAYMENT.—Such section is further amended by inserting
after subsection (d), as redesignated by subsection (b)(2) of this
section, the following new subsection (e):
‘‘(e) REPAYMENT.—(1) A member who receives a bonus under
this section, but who does not satisfy an eligibility requirement
specified in paragraph (1), (2), (3), or (4) of subsection (a) for
the entire certification period, shall repay to the United States
the amount of the bonus so paid, except as otherwise prescribed
under paragraph (2).
‘‘(2) The Secretary concerned shall prescribe in regulations
whether repayment of an amount otherwise required under para-
graph (1) shall be made in whole or in part, the method for com-
puting the amount of such repayment, and any conditions under
which an exception to required repayment would apply.
‘‘(3) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
A discharge in bankruptcy under title 11 that is entered less than
five years after the date on which the member received the bonus
does not discharge the member from a debt arising under paragraph
(1).’’.
Regulations.
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(d) CONFORMING
AMENDMENTS.—Such section is further
amended—
(1) in subsection (c)—
(A) by striking ‘‘special pay or’’ both places it appears;
and
(B) by striking ‘‘or (b)’’;
(2) in subsection (d), as redesignated by subsection (b)(2)
of this section—
(A) in paragraph (1)—
(i) by striking ‘‘monthly special pay or’’ in the
matter preceding subparagraph (A); and
(ii) in subparagraph (C), by striking ‘‘for receipt’’
and all that follows through the period at the end
and inserting ‘‘under subsection (a).’’;
(B) in paragraph (2), by striking ‘‘For purposes’’ and
all that follows through ‘‘the Secretary concerned’’ and
inserting ‘‘The Secretary concerned’’;
(C) in paragraph (3)—
(i) by striking ‘‘special pay or’’ both places it
appears; and
(ii) by striking ‘‘subsection (h)’’ and inserting ‘‘sub-
section (f)’’; and
(D) in paragraph (4), by striking ‘‘subsection (g)’’ and
inserting ‘‘section 303a(e) of this title’’.
(e) CLERICAL AMENDMENTS.—
(1) SECTION
HEADING.—The heading of such section is
amended to read as follows:
‘‘§ 316. Special pay: bonus for members with foreign language
proficiency’’.
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 5 of such title is amended by striking the
item relating to section 316 and inserting the following new
item:
‘‘316. Special pay: bonus for members with foreign language proficiency.’’.
SEC. 640. RETENTION BONUS FOR MEMBERS QUALIFIED IN CERTAIN
CRITICAL SKILLS OR ASSIGNED TO HIGH PRIORITY
UNITS.
(a) AVAILABILITY OF BONUS FOR RESERVE COMPONENT MEM-
BERS.—Section 323 of title 37, United States Code, is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘who is serving on active duty and’’ and inserting ‘‘who
is serving on active duty in a regular component or in
an active status in a reserve component and who’’;
(B) in paragraph (1), by inserting ‘‘or to remain in
an active status in a reserve component for at least one
year’’ before the semicolon; and
(C) in paragraph (3), by inserting ‘‘or to remain in
an active status in a reserve component for a period of
at least one year’’ before the period; and
(2) in subsection (e)(1), by inserting ‘‘or service in an active
status in a reserve component’’ after ‘‘active duty’’ each place
it appears.
(b) ADDITIONAL CRITERIA FOR BONUS.—Such section is further
amended—
37 USC prec.
301.
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(1) in subsection (a), by striking ‘‘designated critical mili-
tary skill’’ and inserting ‘‘critical military skill designated under
subsection (b) or accepts an assignment to a high priority
unit designated under such subsection’’;
(2) in subsection (b)—
(A) 
by 
striking 
‘‘DESIGNATION
OF
CRITICAL
SKILLS.—’’ and inserting ‘‘ELIGIBILITY CRITERIA.—(1)’’; and
(B) by adding at the end the following new paragraph:
‘‘(2) The Secretary of Defense, and the Secretary of Homeland
Security with respect to the Coast Guard when it is not operating
as a service in the Navy, may designate a unit as a high priority
unit regarding which a retention bonus will be provided to a member
of the armed forces who agrees to accept an assignment to the
unit under subsection (a).’’; and
(3) in subsection (h)(1), by striking ‘‘members qualified
in the critical military skills for which the bonuses were offered’’
and inserting ‘‘members of the armed forces who were offered
a bonus under this section’’.
(c) MAXIMUM AMOUNT OF BONUS FOR RESERVE COMPONENT
MEMBERS.—Subsection (d)(1) of such section is amended by
inserting after ‘‘$200,000’’ the following: ‘‘(or $100,000 in the case
of a reserve component member)’’.
(d) EXTENDED ELIGIBILITY PERIOD FOR CERTAIN MEMBERS.—
Subsection (e) of such section is amended by striking paragraph
(2) and inserting the following new paragraphs:
‘‘(2) The limitations in paragraph (1) do not apply with respect
to an officer who, during the period of active duty or service in
an active status in a reserve component for which the bonus is
being offered, is assigned duties as a health care professional.
‘‘(3) The limitations in paragraph (1) do not apply with respect
to a member who, during the period of active duty or service
in an active status in a reserve component for which the bonus
is being offered—
‘‘(A) is qualified in a skill designated as critical under
subsection (b)(1) related to special operations forces; or
‘‘(B) is qualified for duty in connection with the supervision,
operation, and maintenance of naval nuclear propulsion
plants.’’.
(e) REPAYMENT REQUIREMENTS.—Subsection (g)(1) of such sec-
tion is amended by striking ‘‘If’’ and all that follows through ‘‘under
this section,’’ and inserting ‘‘If a member paid a bonus under this
section fails, during the period of service covered by the member’s
agreement, reenlistment, or voluntary extension of enlistment under
subsection (a), to remain qualified in the critical military skill
or to satisfy the other eligibility criteria for which the bonus was
paid,’’.
(f) CLERICAL AMENDMENTS.—
(1) SECTION HEADING.—The heading of section 323 of such
title is amended to read as follows:
‘‘§ 323. Special pay: retention incentives for members quali-
fied in critical military skills or assigned to high
priority units’’.
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 5 of such title is amended by striking the
37 USC prec.
301.
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item relating to section 323 and inserting the following new
item:
‘‘323. Special pay: retention incentives for members qualified in critical military
skills or assigned to high priority units.’’.
SEC. 641. INCENTIVE BONUS FOR TRANSFER BETWEEN ARMED
FORCES.
(a) IN GENERAL.—Chapter 5 of title 37, United States Code,
is amended by adding at the end the following new section:
‘‘§ 327. Incentive bonus: transfer between armed forces
‘‘(a) INCENTIVE BONUS AUTHORIZED.—A bonus under this sec-
tion may be paid to an eligible member of a regular component
or reserve component of an armed force who executes a written
agreement—
‘‘(1) to transfer from such regular component or reserve
component to a regular component or reserve component of
another armed force; and
‘‘(2) to serve pursuant to such agreement for a period
of not less than three years in the component to which trans-
ferred.
‘‘(b) ELIGIBLE MEMBERS.—A member is eligible to enter into
an agreement under subsection (a) if, as of the date of the agree-
ment, the member—
‘‘(1) has not failed to satisfactorily complete any term of
enlistment in the armed forces;
‘‘(2) is eligible for reenlistment in the armed forces or,
in the case of an officer, is eligible to continue in service
in a regular or reserve component of the armed forces; and
‘‘(3) has fulfilled such requirements for transfer to the
component of the armed force to which the member will transfer
as the Secretary having jurisdiction over such armed force
shall establish.
‘‘(c) LIMITATION.—A member may enter into an agreement
under subsection (a) to transfer to a regular component or reserve
component of another armed force only if the Secretary having
jurisdiction over such armed force determines that there is shortage
of trained and qualified personnel in such component.
‘‘(d) AMOUNT
AND PAYMENT
OF BONUS.—(1) A bonus under
this section may not exceed $2,500.
‘‘(2) A bonus under this section shall be paid by the Secretary
having jurisdiction of the armed force to which the member to
be paid the bonus is transferring.
‘‘(3) A bonus under this section shall, at the election of the
Secretary paying the bonus—
‘‘(A) be disbursed to the member in one lump sum when
the transfer for which the bonus is paid is approved by the
chief personnel officer of the armed force to which the member
is transferring; or
‘‘(B) be paid to the member in annual installments in
such amounts as may be determined by the Secretary paying
the bonus.
‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.—A bonus
paid to a member under this section is in addition to any other
pay and allowances to which the member is entitled.
‘‘(f) REPAYMENT.—(1) A member who is paid a bonus under
an agreement under this section and who, voluntarily or because
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of misconduct, fails to serve for the period covered by such agree-
ment shall refund to the United States an amount which bears
the same ratio to the amount of the bonus paid such member
as the period which such member failed to serve bears to the
total period for which the bonus was paid.
‘‘(2) An obligation to reimburse the United States imposed
under paragraph (1) is for all purposes a debt owed to the United
States.
‘‘(3) A discharge in bankruptcy under title 11 that is entered
less than 5 years after the termination of an agreement under
this section does not discharge the person signing such agreement
from a debt arising under paragraph (1).
‘‘(g) REGULATIONS.—The Secretaries concerned shall prescribe
regulations to carry out this section. Regulations prescribed by
the Secretary of a military department under this subsection shall
be subject to the approval of the Secretary of Defense.
‘‘(h) TERMINATION OF AUTHORITY.—No agreement under this
section may be entered into after December 31, 2006.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 5 of such title is amended by adding at the end
the following new item:
‘‘327. Incentive bonus: transfer between armed forces.’’.
SEC. 642. AVAILABILITY OF SPECIAL PAY FOR MEMBERS DURING
REHABILITATION FROM WOUNDS, INJURIES, AND ILL-
NESSES INCURRED IN A COMBAT OPERATION OR COM-
BAT ZONE.
(a) SPECIAL PAY AUTHORIZED.—Chapter 5 of title 37, United
States Code, is amended by inserting after section 327, as added
by section 641, the following new section:
‘‘§ 328. Combat-related injury rehabilitation pay
‘‘(a) SPECIAL PAY AUTHORIZED.—The Secretary concerned may
pay monthly special pay under this section to a member of the
armed forces who, while in the line of duty, incurs a wound, injury,
or illness in a combat operation or combat zone designated by
the Secretary of Defense and is evacuated from the theater of
the combat operation or from the combat zone for medical treat-
ment.
‘‘(b) COMMENCEMENT OF PAYMENT.—Subject to subsection (c),
the special pay authorized by subsection (a) may be paid to a
member described in such subsection for any month beginning
after the date on which the member was evacuated from the theater
of the combat operation or the combat zone in which the member
incurred the combat-related injury.
‘‘(c) TERMINATION OF PAYMENTS.—The payment of special pay
to a member under subsection (a) shall terminate at the end of
the first month during which any of the following occurs:
‘‘(1) The member is paid a benefit under the traumatic
injury protection rider of the Servicemembers’ Group Life Insur-
ance Program issued under section 1980A of title 38.
‘‘(2) The member receives notification of the eligibility of
the member for a benefit under such traumatic injury protection
rider and a period of 30 days expires after the date of such
notification.
37 USC prec.
301.
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‘‘(3) The member is no longer hospitalized in a military
treatment facility or a facility under the auspices of the military
health care system.
‘‘(d) AMOUNT OF SPECIAL PAY.—The monthly amount of special
pay paid to a member under this section shall be equal to $430,
less any payment received by the member for the same month
under section 310(b) of this title.
‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.—Special
pay paid to a member under this section is in addition to any
other pay and allowances to which the member is entitled or author-
ized to receive.’’.
(b) CONTINUATION OF HOSTILE FIRE AND IMMINENT DANGER
PAY DURING HOSPITALIZATION.—Section 310(b) of such title is
amended—
(1) by striking ‘‘A member covered by subsection (a)(2)(C)’’
and all that follows through ‘‘the injury or wound’’ and inserting
‘‘(1) A member described in paragraph (2)’’;
(2) by striking ‘‘so hospitalized’’ and inserting ‘‘hospitalized
as described in such paragraph’’; and
(3) by adding at the end the following new paragraph:
‘‘(2) Paragraph (1) applies with respect to a member who—
‘‘(A) is injured or wounded under the circumstances
described in subsection (a)(2)(C) and is hospitalized for the
treatment of the injury or wound; or
‘‘(B) while in the line of duty, incurs a wound, injury,
or illness in a combat operation or combat zone designated
by the Secretary of Defense and is hospitalized outside of the
theater of the combat operation or the combat zone for the
treatment of the wound, injury, or illness.’’.
(c) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 5 of such title is amended by inserting after the
item relating to section 327, as added by section 641, the following
new item:
‘‘328. Combat-related injury rehabilitation pay.’’.
(d) EFFECTIVE DATE.—The Secretary of a military department
may provide special pay under section 328 of title 37, United
States Code, as added by subsection (a), for months beginning
on or after the date of the enactment of this Act. A member
of the Armed Forces who incurred a wound, injury, or illness
under the circumstances described in subsection (a) of such section
before the date of the enactment of this Act may receive such
pay for such wound, injury, or illness for months beginning on
or after that date so long as the member continues to satisfy
the eligibility criteria specified in such section.
SEC. 643. PAY AND BENEFITS TO FACILITATE VOLUNTARY SEPARA-
TION OF TARGETED MEMBERS OF THE ARMED FORCES.
(a) PAY AND BENEFITS AUTHORIZED.—
(1) IN GENERAL.—Chapter 59 of title 10, United States
Code, is amended by inserting after section 1175 the following
new section:
‘‘§ 1175a. Voluntary separation pay and benefits
‘‘(a) IN GENERAL.—Under regulations approved by the Secretary
of Defense, the Secretary concerned may provide voluntary separa-
tion pay and benefits in accordance with this section to eligible
37 USC 328 note.
37 USC prec.
301.
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members of the armed forces who are voluntarily separated from
active duty in the armed forces.
‘‘(b) ELIGIBLE MEMBERS.—(1) Except as provided in paragraph
(2), a member of the armed forces is eligible for voluntary separation
pay and benefits under this section if the member—
‘‘(A) has served on active duty for more than 6 years
but not more than 20 years;
‘‘(B) has served at least 5 years of continuous active duty
immediately preceding the date of the member’s separation
from active duty;
‘‘(C) has not been approved for payment of a voluntary
separation incentive under section 1175 of this title;
‘‘(D) meets such other requirements as the Secretary con-
cerned may prescribe, which may include requirements relating
to—
‘‘(i) years of service, skill, rating, military specialty,
or competitive category;
‘‘(ii) grade or rank;
‘‘(iii) remaining period of obligated service; or
‘‘(iv) any combination of these factors; and
‘‘(E) requests separation from active duty.
‘‘(2) The following members are not eligible for voluntary sepa-
ration pay and benefits under this section:
‘‘(A) Members discharged with disability severance pay
under section 1212 of this title.
‘‘(B) Members transferred to the temporary disability
retired list under section 1202 or 1205 of this title.
‘‘(C) Members being evaluated for disability retirement
under chapter 61 of this title.
‘‘(D) Members who have been previously discharged with
voluntary separation pay.
‘‘(E) Members who are subject to pending disciplinary
action or who are subject to administrative separation or
mandatory discharge under any other provision of law or regu-
lations.
‘‘(3) The Secretary concerned shall determine each year the
number of members to be separated, and provided separation pay
and benefits, under this section during the fiscal year beginning
in such year.
‘‘(c) SEPARATION.—Each eligible member of the armed forces
whose request for separation from active duty under subsection
(b)(1)(E) is approved shall be separated from active duty.
‘‘(d) ADDITIONAL SERVICE IN READY RESERVE.—Of the number
of members of the armed forces to be separated from active duty
in a fiscal year, as determined under subsection (b)(3), the Secretary
concerned shall determine a number of such members, in such
skill and grade combinations as the Secretary concerned shall des-
ignate, who shall serve in the Ready Reserve, after separation
from active duty, for a period of not less than three years, as
a condition of the receipt of voluntary separation pay and benefits
under this section.
‘‘(e) SEPARATION PAY
AND BENEFITS.—(1) A member of the
armed forces who is separated from active duty under subsection
(c) shall be paid voluntary separation pay in accordance with sub-
section (g) in an amount determined by the Secretary concerned
pursuant to subsection (f).
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‘‘(2) A member who is not entitled to retired or retainer pay
upon separation shall be entitled to the benefits and services pro-
vided under—
‘‘(A) chapter 58 of this title during the 180-day period
beginning on the date the member is separated (notwith-
standing any termination date for such benefits and services
otherwise applicable under the provisions of such chapter);
and
‘‘(B) sections 404 and 406 of title 37.
‘‘(f) COMPUTATION OF VOLUNTARY SEPARATION PAY.—The Sec-
retary concerned shall specify the amount of voluntary separation
pay that an individual or defined group of members of the armed
forces may be paid under subsection (e)(1). No member may receive
as voluntary separation pay an amount greater than two times
the full amount of separation pay for a member of the same pay
grade and years of service who is involuntarily separated under
section 1174 of this title.
‘‘(g) PAYMENT OF VOLUNTARY SEPARATION PAY.—(1) Voluntary
separation pay under this section may be paid in a single lump
sum.
‘‘(2) In the case of a member of the armed forces who, at
the time of separation under subsection (c), has completed at least
15 years, but less than 20 years, of active service, voluntary separa-
tion pay may be paid, at the election of the Secretary concerned,
in—
‘‘(A) a single lump sum;
‘‘(B) installments over a period not to exceed 10 years;
or
‘‘(C) a combination of lump sum and such installments.
‘‘(h) COORDINATION WITH RETIRED OR RETAINER PAY AND DIS-
ABILITY COMPENSATION.—(1) A member who is paid voluntary sepa-
ration pay under this section and who later qualities for retired
or retainer pay under this title or title 14 shall have deducted
from each payment of such retired or retainer pay an amount,
in such schedule of monthly installments as the Secretary concerned
shall specify, until the total amount deducted from such retired
or retainer pay is equal to the total amount of voluntary separation
pay so paid.
‘‘(2)(A) Except as provided in subparagraphs (B) and (C), a
member who is paid voluntary separation pay under this section
shall not be deprived, by reason of the member’s receipt of such
pay, of any disability compensation to which the member is entitled
under the laws administered by the Secretary of Veterans Affairs,
but there shall be deducted from such disability compensation an
amount, in such schedule of monthly installments as the Secretary
concerned shall specify, until the total amount deducted from such
disability compensation is equal to the total amount of voluntary
separation pay so paid, less the amount of Federal income tax
withheld from such pay (such withholding being at the flat with-
holding rate for Federal income tax withholding, as in effect pursu-
ant to regulations prescribed under chapter 24 of the Internal
Revenue Code of 1986).
‘‘(B) No deduction shall be made from the disability compensa-
tion paid to an eligible disabled uniformed services retiree under
section 1413, or to an eligible combat-related disabled uniformed
services retiree under section 1413a of this title, who is paid vol-
untary separation pay under this section.
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‘‘(C) No deduction may be made from the disability compensa-
tion paid to a member for the amount of voluntary separation
pay received by the member because of an earlier discharge or
release from a period of active duty if the disability which is
the basis for that disability compensation was incurred or aggra-
vated during a later period of active duty.
‘‘(3) The requirement under this subsection to repay voluntary
separation pay following retirement from the armed forces does
not apply to a member who was eligible to retire at the time
the member applied and was accepted for voluntary separation
pay and benefits under this section.
‘‘(4) The Secretary concerned may waive the requirement to
repay voluntary separation pay under paragraphs (1) and (2) if
the Secretary determines that recovery would be against equity
and good conscience or would be contrary to the best interests
of the United States.
‘‘(i) RETIREMENT DEFINED.—In this section, the term ‘retire-
ment’ includes a transfer to the Fleet Reserve or Fleet Marine
Corps Reserve.
‘‘(j) REPAYMENT FOR MEMBERS WHO RETURN TO ACTIVE DUTY.—
(1) Except as provided in paragraphs (2) and (3), a member of
the armed forces who, after having received all or part of voluntary
separation pay under this section, returns to active duty shall
have deducted from each payment of basic pay, in such schedule
of monthly installments as the Secretary concerned shall specify,
until the total amount deducted from such basic pay equals the
total amount of voluntary separation pay received.
‘‘(2) Members who are involuntarily recalled to active duty
or full-time National Guard duty in accordance with section
12301(a), 12301(b), 12301(g), 12302, 12303, or 12304 of this title
or section 502(f)(1) of title 32 shall not be subject to this subsection.
‘‘(3) Members who are recalled or perform active duty or full-
time National Guard duty in accordance with section 101(d)(1),
101(d)(2), 101(d)(5), 12301(d) (insofar as the period served is less
than 180 consecutive days with the consent of the member), 12319,
or 12503 of title 10, or section 114, 115, or 502(f)(2) of title 32
(insofar as the period served is less than 180 consecutive days
with consent of the member), shall not be subject to this subsection.
‘‘(4) The Secretary of Defense may waive, in whole or in part,
repayment required under paragraph (1) if the Secretary determines
that recovery would be against equity and good conscience or would
be contrary to the best interests of the United States. The authority
in this paragraph may be delegated only to the Undersecretary
of Defense for Personnel and Readiness and the Principal Deputy
Undersecretary of Defense for Personnel and Readiness.
‘‘(k) TERMINATION OF AUTHORITY.—(1) The authority to separate
a member of the armed forces from active duty under subsection
(c) shall terminate on December 31, 2008.
‘‘(2) A member who separates by the date specified in paragraph
(1) may continue to be provided voluntary separation pay and
benefits under this section until the member has received the
entire amount of pay and benefits to which the member is entitled
under this section.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 59 of such title is amended by inserting
after the item relating to section 1175 the following new item:
‘‘1175a. Voluntary separation pay and benefits.’’.
10 USC prec.
1161.
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(b) LIMITATION ON APPLICABILITY.—During the period beginning
on the date of the enactment of this Act and ending on December
31, 2008, the members of the Armed Forces who are eligible for
separation, and for the provision of voluntary separation pay and
benefits, under section 1175a of title 10, United States Code (as
added by subsection (a)), shall be limited to officers of the Armed
Forces who meet the eligibility requirements of section 1175a(b)
of title 10, United States Code (as so added), but have not completed
more than 12 years of active service as of the date of separation
from active duty.
SEC. 644. RATIFICATION OF PAYMENT OF CRITICAL-SKILLS ACCESSION
BONUS FOR PERSONS ENROLLED IN SENIOR RESERVE
OFFICERS’ 
TRAINING 
CORPS 
OBTAINING 
NURSING
DEGREES.
(a) ACCESSION BONUS AUTHORIZED.—In the case of an agree-
ment executed under section 324 of title 37, United States Code,
from October 5, 2004, through December 31, 2005, between the
Secretary of the Army and a person who completed the second
year of an accredited baccalaureate degree program in nursing
to serve in the Army Nurse Corps, the payment of an accession
bonus to the person under such section is authorized even though
the person did not possess a skill designated as critical and, at
the time of the agreement, was enrolled in the Senior Reserve
Officers’ Training Corps program of the Army for advanced training
under chapter 103 of title 10, United States Code, including a
person receiving financial assistance under section 2107 of such
title.
(b) LIMITATION ON AMOUNT OF BONUS.—The amount of the
accession bonus referred to in subsection (a) may not exceed $5,000.
SEC. 645. TEMPORARY AUTHORITY TO PAY BONUS TO ENCOURAGE
MEMBERS OF THE ARMY TO REFER OTHER PERSONS FOR
ENLISTMENT IN THE ARMY.
(a) AUTHORITY TO PAY BONUS.—The Secretary of the Army
may pay a bonus under this section to a member of the Army,
whether in the regular component of the Army or in the Army
National Guard or Army Reserve, who refers to an Army recruiter
a person who has not previously served in an Armed Force and
who, after such referral, enlists in the regular component of the
Army or in the Army National Guard or Army Reserve.
(b) REFERRAL.—For purposes of this section, a referral for which
a bonus may be paid under subsection (a) occurs—
(1) when a member of the Army contacts an Army recruiter
on behalf of a person interested in enlisting in the Army;
or
(2) when a person interested in enlisting in the Army
contacts the Army recruiter and informs the recruiter of the
role of the member in initially recruiting the person.
(c) CERTAIN REFERRALS INELIGIBLE.—
(1) REFERRAL OF IMMEDIATE FAMILY.—A member of the
Army may not be paid a bonus under subsection (a) for the
referral of an immediate family member.
(2) MEMBERS
IN
RECRUITING
ROLES.—A member of the
Army serving in a recruiting or retention assignment, or
assigned to other duties regarding which eligibility for a bonus
under subsection (a) could (as determined by the Secretary)
10 USC 1175a
note.
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be perceived as creating a conflict of interest, may not be
paid a bonus under subsection (a).
(d) AMOUNT OF BONUS.—The amount of the bonus paid for
a referral under subsection (a) may not exceed $1,000. The bonus
shall be paid in a lump sum.
(e) TIME OF PAYMENT.—A bonus may not be paid under sub-
section (a) with respect to a person who enlists in the Army until
the person completes basic training and individual advanced
training.
(f) RELATION TO PROHIBITION ON BOUNTIES.—The referral bonus
authorized by this section is not a bounty for purposes of section
514(a) of title 10, United States Code.
(g) DURATION OF AUTHORITY.—A bonus may not be paid under
subsection (a) with respect to any referral that occurs after
December 31, 2007.
Subtitle C—Travel and Transportation
Allowances
SEC. 651. AUTHORIZED ABSENCES OF MEMBERS FOR WHICH LODGING
EXPENSES AT TEMPORARY DUTY LOCATION MAY BE
PAID.
(a) ABSENCES COVERED BY ALLOWANCE.—Section 404b of title
37, United States Code, is amended—
(1) in subsection (a), by striking ‘‘while the member is
in an authorized leave status’’ and inserting ‘‘during an author-
ized absence of the member from the temporary duty location’’;
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘taking the authorized
leave’’ and inserting ‘‘the authorized absence’’; and
(B) in paragraph (3), by striking ‘‘immediately after
completing the authorized leave’’ and inserting ‘‘before the
end of the authorized absence’’;
(3) in subsection (c), by striking ‘‘while the member was
in an authorized leave status’’ and inserting ‘‘during the author-
ized absence of the member’’; and
(4) by adding at the end the following new subsection:
‘‘(d) AUTHORIZED ABSENCE DEFINED.—In this section, the term
‘authorized absence’, with respect to a member, means that the
member is in an authorized leave status or that the absence of
the member is otherwise authorized under regulations prescribed
by the Secretary concerned.’’.
(b) CLERICAL AMENDMENTS.—
(1) SECTION
HEADING.—The heading of such section is
amended to read as follows:
‘‘§ 404b. Travel and transportation allowances: payment of
lodging expenses at temporary duty location
during authorized absence of member’’.
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 7 of such title is amended by striking the
37 USC prec.
401.
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item relating to section 404b and inserting the following new
item:
‘‘404b. Travel and transportation allowances: payment of lodging expenses at tem-
porary duty location during authorized absence of member.’’.
SEC. 652. EXTENDED PERIOD FOR SELECTION OF HOME FOR TRAVEL
AND TRANSPORTATION ALLOWANCES FOR DEPENDENTS
OF DECEASED MEMBERS.
(a) DEATH OF MEMBERS ENTITLED TO BASIC PAY.—Subsection
(f) section 406 of title 37, United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(f)’’;
(2) by striking ‘‘he’’ and inserting ‘‘the member’’; and
(3) by adding at the end the following new paragraph:
‘‘(2) The Secretary concerned shall give the dependents of a
member described in paragraph (1) a period of not less than three
years, beginning on the date of the death of the member, during
which to select a home for the purposes of the travel and transpor-
tation allowances authorized by this section.’’.
(b) CERTAIN OTHER DECEASED MEMBERS.—Subsection (g)(3) of
such section is amended in the first sentence—
(1) by striking ‘‘he exercises it’’ and inserting ‘‘the member
exercises the right or entitlement’’;
(2) by striking ‘‘his surviving dependents or, if’’ and
inserting ‘‘the surviving dependents at any time before the
end of the three-year period beginning on the date on which
the member accrued that right or entitlement. If’’; and
(3) by striking ‘‘his baggage and household effects’’ and
inserting ‘‘the baggage and household effects of the deceased
member’’.
SEC. 653. TRANSPORTATION OF FAMILY MEMBERS IN CONNECTION
WITH THE REPATRIATION OF MEMBERS HELD CAPTIVE.
(a) ALLOWANCES AUTHORIZED.—Chapter 7 of title 37, United
States Code, is amended by inserting after section 411i the following
new section:
‘‘§ 411j. Travel and transportation allowances: transportation
of family members incident to the repatriation
of members held captive
‘‘(a) ALLOWANCE FOR FAMILY MEMBERS AND CERTAIN OTHERS.—
(1) Under uniform regulations prescribed by the Secretaries con-
cerned, travel and transportation described in subsection (d) may
be provided for not more than three family members of a member
described in subsection (b).
‘‘(2) In addition to the family members authorized to be provided
travel and transportation under paragraph (1), the Secretary con-
cerned may provide travel and transportation described in sub-
section (d) to an attendant to accompany a family member described
in that paragraph if the Secretary determines that—
‘‘(A) the family member to be accompanied is unable to
travel unattended because of age, physical condition, or other
reason determined by the Secretary; and
‘‘(B) no other family member who is eligible for travel
and transportation under paragraph (1) is able to serve as
an attendant for the family member.
‘‘(3) If no family member of a member described in subsection
(b) is able to travel to the repatriation site of the member, travel
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and transportation described in subsection (d) may be provided
to not more than 2 persons related to and selected by the member.
‘‘(4) In circumstances determined to be appropriate by the Sec-
retary concerned, the Secretary may waive the limitation on the
number of family members of a member provided travel and
transportation allowances under this section.
‘‘(b) COVERED MEMBERS.—A member described in this sub-
section is a member of the uniformed services who—
‘‘(1) is serving on active duty;
‘‘(2) was held captive, as determined by the Secretary con-
cerned; and
‘‘(3) is repatriated to a site inside or outside the United
States.
‘‘(c) ELIGIBLE FAMILY MEMBERS.—In this section, the term
‘family member’ has the meaning given the term in section 411h(b)
of this title.
‘‘(d) TRAVEL
AND
TRANSPORTATION
AUTHORIZED.—(1) The
transportation authorized by subsection (a) is round-trip transpor-
tation between the home of the family member (or home of the
attendant or person provided transportation under paragraph (2)
or (3) of subsection (a), as the case may be) and the location
of the repatriation site at which the member is located.
‘‘(2) In addition to the transportation authorized by subsection
(a), the Secretary concerned may provide a per diem allowance
or reimbursement for the actual and necessary expenses of the
travel, or a combination thereof, but not to exceed the rates estab-
lished for such allowances and expenses under section 404(d) of
this title.
‘‘(3) The transportation authorized by subsection (a) may be
provided by any of the means described in section 411h(d)(1) of
this title.
‘‘(4) An allowance under this subsection may be paid in advance.
‘‘(5) Reimbursement payable under this subsection may not
exceed the cost of Government-procured round-trip air travel.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 7 of such title is amended by inserting after the
item relating to section 411i the following new item:
‘‘411j. Travel and transportation allowances: transportation of family members inci-
dent to the repatriation of members held captive.’’.
SEC. 654. INCREASED WEIGHT ALLOWANCES FOR SHIPMENT OF
HOUSEHOLD GOODS OF SENIOR NONCOMMISSIONED
OFFICERS.
(a) INCREASE.—The table in section 406(b)(1)(C) of title 37,
United States Code, is amended by striking the items relating
to pay grades E–7 through E–9 and inserting the following new
items:
‘‘E–9 ..............................................................
13,000
15,000
E–8 ..............................................................
12,000
14,000
E–7 ..............................................................
11,000
13,000’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on January 1, 2006, and apply with respect to
37 USC prec.
401.
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an order in connection with a change of temporary or permanent
station issued on or after that date.
SEC. 
655. 
PERMANENT 
AUTHORITY 
TO 
PROVIDE 
TRAVEL 
AND
TRANSPORTATION ALLOWANCES FOR FAMILY MEMBERS
TO VISIT HOSPITALIZED MEMBERS OF THE ARMED
FORCES INJURED IN COMBAT OPERATION OR COMBAT
ZONE.
(a) AUTHORITY TO CONTINUE ALLOWANCE.—Section 1026 of divi-
sion A of the Emergency Supplemental Appropriations Act for
Defense, the Global War on Terror, and Tsunami Relief, 2005
(Public Law 109–13; 119 Stat. 254), is amended by striking sub-
sections (d) and (e).
(b) CONFORMING AMENDMENT.—Subsection (a)(2)(B)(ii) of sec-
tion 411h of title 37, United States Code, as added by section
1026 of division A of the Emergency Supplemental Appropriations
Act for Defense, the Global War on Terror, and Tsunami Relief,
2005, is amended by striking ‘‘under section 1967(e)(1)(A) of title
38’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the earlier of the following:
(1) The date of the enactment of this Act.
(2) The date specified in section 106(3) of Public Law 109–
77 (119 Stat. 2039).
Subtitle D—Retired Pay and Survivor
Benefits
SEC. 661. MONTHLY DISBURSEMENT TO STATES OF STATE INCOME
TAX WITHHELD FROM RETIRED OR RETAINER PAY.
Section 1045(a) of title 10, United States Code, is amended
in the third sentence—
(1) by striking ‘‘quarter’’ the first place it appears and
inserting ‘‘month’’; and
(2) by striking ‘‘during the month following that calendar
quarter’’ and inserting ‘‘during the following calendar month’’.
SEC. 662. DENIAL OF CERTAIN BURIAL-RELATED BENEFITS FOR
INDIVIDUALS WHO COMMITTED A CAPITAL OFFENSE.
(a) PROHIBITION OF INTERMENT IN NATIONAL CEMETERIES.—
Section 2411 of title 38, United States Code, is amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking ‘‘for which the person
was sentenced to death or life imprisonment’’ and inserting
‘‘and whose conviction is final (other than a person whose
sentence was commuted by the President)’’; and
(B) in paragraph (2), by striking ‘‘for which the person
was sentenced to death or life imprisonment without
parole’’ and inserting ‘‘and whose conviction is final (other
than a person whose sentence was commuted by the Gov-
ernor of a State)’’; and
(2) in subsection (d)—
(A) in paragraph (1), by striking ‘‘the death penalty
or life imprisonment may be imposed’’ and inserting ‘‘a
sentence of imprisonment for life or the death penalty
may be imposed’’; and
37 USC 411h
note.
37 USC 411h
notes.
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(B) in paragraph (2), by striking ‘‘the death penalty
or life imprisonment without parole may be imposed’’ and
inserting ‘‘a sentence of imprisonment for life or the death
penalty may be imposed’’.
(b) PROHIBITION OF CERTAIN DEPARTMENT OF DEFENSE BENE-
FITS.—
(1) ADDITIONAL
CIRCUMSTANCES
FOR
PROHIBITION
OF
PERFORMANCE OF MILITARY HONORS.—Subsection (a) of section
985 of title 10, United States Code, is amended—
(A) by inserting ‘‘(under section 1491 of this title or
any other authority)’’ after ‘‘military honors’’; and
(B) by striking ‘‘a person who’’ and all that follows
and inserting the following: ‘‘any of the following persons:
‘‘(1) A person described in section 2411(b) of title 38.
‘‘(2) A person who is a veteran (as defined in section 1491(h)
of this title) or who died while on active duty or a member
of a reserve component, when the circumstances surrounding
the person’s death or other circumstances as specified by the
Secretary of Defense are such that to provide military honors
at the funeral or burial of the person would bring discredit
upon the person’s service (or former service).’’.
(2) ADDITIONAL CIRCUMSTANCES FOR PROHIBITION OF INTER-
MENT IN MILITARY CEMETERY.—Subsection (b) of such section
is amended by striking ‘‘convicted of a capital offense under
Federal law’’ and inserting ‘‘who is ineligible for interment
in a national cemetery under the control of the National Ceme-
tery Administration by reason of section 2411(b) of title 38’’.
(3) CONFORMING AMENDMENT.—Subsection (c) such section
is amended to read as follows:
‘‘(c) DEFINITION.—In this section, the term ‘burial’ includes
inurnment.’’.
(4) PROHIBITION OF FUNERAL HONORS.—Section 1491(a) of
title 10, United States Code, is amended by inserting before
the period at the end the following: ‘‘, except when military
honors are prohibited under section 985(a) of this title’’.
(c) CLERICAL AMENDMENTS.—
(1) SECTION HEADING.—The heading of section 985 of such
title is amended to read as follows:
‘‘§ 985. Persons convicted of capital crimes; certain other
persons: denial of specified burial-related bene-
fits’’.
(2) TABLE OF SECTIONS.—The item relating to section 985
in the table of sections at the beginning of chapter 49 of
such title is amended to read as follows:
‘‘985. Persons convicted of capital crimes; certain other persons: denial of specified
burial-related benefits.’’.
(d) RULEMAKING.—
(1) DEPARTMENT OF VETERANS AFFAIRS.—The Secretary of
Veterans Affairs shall prescribe regulations to ensure that a
person is not interred in any cemetery in the National Cemetery
System unless a good faith effort has been made to determine
whether such person is ineligible for such interment or honors
by reason of being a person described in section 2411(b) of
title 38, United States Code, or is otherwise ineligible for such
interment under Federal law.
38 USC 2411
note.
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(2) DEPARTMENT OF DEFENSE.—The Secretary of Defense
shall prescribe regulations to ensure that a person is not
interred in any military cemetery under the authority of the
Secretary of a military department or provided funeral honors
under section 1491 of title 10, United States Code, unless
a good faith effort has been made to determine whether such
person is ineligible for such interment or honors by reason
of being a person described in section 2411(b) of title 38, United
States Code, or is otherwise ineligible for such interment or
honors under Federal law.
(e) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to funerals and burials that occur on
or after the date of the enactment of this Act.
SEC. 663. CONCURRENT RECEIPT OF VETERANS’ DISABILITY COM-
PENSATION AND MILITARY RETIRED PAY.
Section 1414(a)(1) of title 10, United States Code, is amended
by inserting before the period at the end the following: ‘‘, and
in the case of a qualified retiree receiving veterans’ disability com-
pensation at the rate payable for a 100 percent disability by reason
of a determination of individual unemployability, payment of retired
pay to such veteran is subject to subsection (c) only during the
period beginning on January 1, 2004, and ending on September
30, 2009’’.
SEC. 664. ADDITIONAL AMOUNTS OF DEATH GRATUITY FOR SUR-
VIVORS OF CERTAIN MEMBERS OF THE ARMED FORCES
DYING ON ACTIVE DUTY.
(a) INCREASED AMOUNT OF DEATH GRATUITY.—
(1) INCREASED
AMOUNT.—Subsection (a) of section 1478
of title 10, United States Code, is amended by striking ‘‘$12,000’’
and inserting ‘‘$100,000’’.
(2) AMENDMENTS.—Such section is further amended—
(A) in the first sentence of subsection (a), by striking
‘‘(as’’ and all that follows in that sentence and inserting
a period; and
(B) by striking subsection (c).
(3) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall take effect as of October 7, 2001, and shall apply
to deaths occurring on or after the date of the enactment
of this Act and, subject to subsection (c), to deaths occurring
during the period beginning on October 7, 2001, and ending
on the day before the date of the enactment of this Act.
(b) RETROACTIVE PAYMENT OF ADDITIONAL DEATH GRATUITY
FOR CERTAIN MEMBERS NOT PREVIOUSLY COVERED.—Such section
is further amended by adding at the end the following new sub-
section:
‘‘(d)(1) In the case of a person described in paragraph (2),
a death gratuity shall be payable, subject to section 664(c) of the
National Defense Authorization Act for Fiscal Year 2006, 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 person who died
during the period beginning on October 7, 2001, and ending on
May 11, 2005, while a member of the armed forces on active
duty and whose death did not establish eligibility for an additional
death gratuity under the prior subsection (e) of this section (as
added by section 1013(b) of Public Law 109–13; 119 Stat. 247),
10 USC 1478
note.
Effective date.
10 USC 985 note.
10 USC 985 note.
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because the person was not described in paragraph (2) of that
prior subsection.
‘‘(3) The amount of additional death gratuity payable under
this subsection shall be $150,000.
‘‘(4) A payment pursuant to this subsection shall be paid in
the same manner as provided under paragraph (4) of the prior
subsection (e) of this section (as added by section 1013(b) of Public
Law 109–13; 119 Stat. 247), for payments pursuant to paragraph
(3)(A) of that prior subsection.’’.
(c) FUNDING.—Amounts for payments after the date of the
enactment of this Act by reason of the amendments made by sub-
section (a) with respect to deaths before the date of the date of
the enactment of this Act, and amounts for payments under sub-
section (d) of section 1478 of title 10, United States Code, as
added by subsection (b), shall be derived from supplemental appro-
priations for the Department of Defense for fiscal year 2006 for
military operations in Iraq and Afghanistan and the Global War
on Terrorism, contingent upon such appropriations being enacted.
(d) COORDINATION OF AMENDMENTS.—If the date of the enact-
ment of this Act occurs before the date specified in section 106(3)
of Public Law 109–77—
(1) effective as of such date of enactment, the amendments
made to section 1478 of title 10, United States Code, by section
1013 of Public Law 109–13 are repealed; and
(2) effective immediately before the execution of the amend-
ments made by this section, the provisions of section 1478
of title 10, United States Code, as in effect on the day before
the date of the enactment of Public Law 109–13, are revived.
SEC. 665. CHILD SUPPORT FOR CERTAIN MINOR CHILDREN OF RETIRE-
MENT-ELIGIBLE MEMBERS CONVICTED OF DOMESTIC
VIOLENCE RESULTING IN DEATH OF CHILD’S OTHER
PARENT.
(a) 
AUTHORITY
FOR
COURT-ORDERED
PAYMENTS.—Section
1408(h) of title 10, United States Code, is amended—
(1) in paragraph (1)—
(A) by inserting ‘‘(A)’’ after ‘‘(1)’’; and
(B) by adding at the end of such paragraph the fol-
lowing:
‘‘(B) If, in the case of a member or former member of the
armed forces referred to in paragraph (2)(A), a court order provides
for the payment as child support of an amount from the disposable
retired pay of that member or former member (as certified under
paragraph (4)) to an eligible dependent child of the member or
former member, the Secretary concerned, beginning upon effective
service of such court order, shall pay that amount in accordance
with this subsection to such dependent child.’’;
(2) in paragraph (2)—
(A) in the matter preceding subparagraph (A), by
inserting ‘‘, or a dependent child,’’ after ‘‘former spouse’’;
(B) in subparagraph (B)—
(i) by inserting ‘‘in the case of eligibility of a spouse
or former spouse under paragraph (1)(A),’’ after ‘‘(B)’’;
and
(ii) by striking the period at the end and inserting
‘‘; and’’; and
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(C) by adding at the end the following new subpara-
graph:
‘‘(C) in the case of eligibility of a dependent child under
paragraph (1)(B), the other parent of the child died as a result
of the misconduct that resulted in the termination of retired
pay.’’;
(3) in paragraph (4), by inserting ‘‘, or an eligible dependent
child,’’ after ‘‘former spouse’’;
(4) in paragraph (5), by inserting ‘‘, or the dependent child,’’
after ‘‘former spouse’’; and
(5) in paragraph (6), by inserting ‘‘, or to a dependent
child,’’ after ‘‘former spouse’’.
(b) EFFECTIVE DATE.—A court order authorized by the amend-
ments made by this section may not provide for a payment attrib-
utable to any period before the date of the enactment of this
Act, or the date of the court order, whichever is later.
SEC. 666. COMPTROLLER GENERAL REPORT ON ACTUARIAL SOUND-
NESS OF THE SURVIVOR BENEFIT PLAN.
(a) REPORT.—Not later than July 31, 2006, the Comptroller
General shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the actu-
arial soundness of the Survivor Benefit Plan program under sub-
chapter II of chapter 73 of title 10, United States Code.
(b) ELEMENTS.—The report required by subsection (a) shall
include the following:
(1) An assessment of the implications for the actuarial
soundness of the Survivor Benefit Plan program of recent
improvements to that program, including the implications of
such improvements for the actuarial soundness of that program
with respect to various categories of participants in the program
and with respect to the program as a whole.
(2) An assessment of the implications for Government con-
tributions and payments to the Survivor Benefit Plan program
of the improvements to that program covered by paragraph
(1), including the implications of such improvements on such
contributions and payments with respect to various categories
of participants in the program and with respect to the program
as a whole.
(3) An assessment of the implications for the actuarial
soundness of the Survivor Benefit Plan program, and for
Government contributions and payments to that program, of—
(A) enactment of a law permitting participants in that
program to designate an insurable interest beneficiary if
a previously designated beneficiary dies; and
(B) enactment of a law repealing the provisions of
sections 1450(c) and 1451(c)(2) of title 10, United States
Code, that require the reduction of an annuity paid to
a beneficiary under that program by the amount of depend-
ency and indemnity compensation paid to the same bene-
ficiary under section 1311(a) of title 38, United States
Code.
(c) GOVERNMENT CONTRIBUTIONS.—In making the assessments
under paragraphs (2) and (3) of subsection (b), the Comptroller
General, in considering the Government contributions to the Sur-
vivor Benefit Plan program, shall consider both the Government’s
10 USC 1408
note.
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normal cost contributions under the program and the Government’s
payments to amortize unfunded liability under the program.
Subtitle 
E—Commissary 
and 
Non-
appropriated Fund Instrumentality Ben-
efits
SEC. 671. INCREASE IN AUTHORIZED LEVEL OF SUPPLIES AND SERV-
ICES 
PROCUREMENT 
FROM 
OVERSEAS 
EXCHANGE
STORES.
Section 2424(b) of title 10, United States Code, is amended
by striking ‘‘$50,000’’ and inserting ‘‘$100,000’’.
SEC. 672. REQUIREMENTS FOR PRIVATE OPERATION OF COMMISSARY
STORE FUNCTIONS.
Section 2485(a)(2) of title 10, United States Code, is amended
by adding at the end the following new sentence: ‘‘Until December
31, 2008, the Defense Commissary Agency is not required to conduct
any cost-comparison study under the policies and procedures of
Office of Management and Budget Circular A–76 relating to the
possible contracting out of commissary store functions.’’.
SEC. 673. PROVISION OF AND PAYMENT FOR OVERSEAS TRANSPOR-
TATION SERVICES FOR COMMISSARY AND EXCHANGE
SUPPLIES AND PRODUCTS.
Section 2643 of title 10, United States Code, is amended—
(1) by inserting ‘‘(a) TRANSPORTATION OPTIONS.—’’ before
‘‘The Secretary’’;
(2) in the first sentence, by striking ‘‘by sea without relying
on the Military Sealift Command’’ and inserting ‘‘to destinations
outside the continental United States without relying on the
Air Mobility Command, the Military Sealift Command,’’;
(3) in the second sentence, by striking ‘‘transportation con-
tracts’’ and inserting ‘‘contracts for sea-borne transportation’’;
and
(4) by adding at the end the following new subsection:
‘‘(b) PAYMENT OF TRANSPORTATION COSTS.—Section 2483(b)(5)
of this title, regarding the use of appropriated funds to cover the
expenses of operating commissary stores, shall apply to the
transportation of commissary supplies and products. Appropriated
funds for the Department of Defense shall also be used to cover
the expenses of transporting exchange supplies and products to
destinations outside the continental United States.’’.
SEC. 
674. 
COMPENSATORY 
TIME 
OFF 
FOR 
CERTAIN 
NON-
APPROPRIATED FUND EMPLOYEES.
Section 5543 of title 5, United States Code, is amended by
adding at the end the following new subsection:
‘‘(d)(1) The appropriate Secretary may, on request of an
employee of a nonappropriated fund instrumentality of the Depart-
ment of Defense or the Coast Guard described in section 2105(c),
grant such employee compensatory time off from duty instead of
overtime pay for overtime work.
‘‘(2) For purposes of this subsection, the term ‘appropriate Sec-
retary’ means—
Effective date.
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‘‘(A) with respect to an employee of a nonappropriated
fund instrumentality of the Department of Defense, the Sec-
retary of Defense; and
‘‘(B) with respect to an employee of a nonappropriated
fund instrumentality of the Coast Guard, the Secretary of the
Executive department in which it is operating.’’.
SEC. 675. REST AND RECUPERATION LEAVE PROGRAMS.
(a) 
AVAILABILITY
OF
FUNDS
FOR
REIMBURSEMENT
OF
EXPENSES.—Of the amount authorized to be appropriated by section
301(5) for operation and maintenance for Defense-wide activities,
$7,000,000 may be available for the reimbursement of expenses
of the Armed Forces Recreation Centers related to the utilization
of the facilities of the Armed Forces Recreation Centers under
official Rest and Recuperation Leave Programs authorized by the
military departments or combatant commanders.
(b) UTILIZATION OF REIMBURSEMENTS.—Amounts received by
the Armed Forces Recreation Centers under subsection (a) as
reimbursement for expenses may be utilized by such Centers for
facility maintenance and repair, utility expenses, correction of
health and safety deficiencies, and routine ground maintenance.
(c) REGULATIONS.—The utilization of facilities of the Armed
Forces Recreation Centers under Rest and Recuperation Leave Pro-
grams, and reimbursement for expenses related to such utilization
of such facilities, shall be subject to regulations prescribed by the
Secretary of Defense.
Subtitle F—Other Matters
SEC. 681. TEMPORARY ARMY AUTHORITY TO PROVIDE ADDITIONAL
RECRUITMENT INCENTIVES.
(a) AUTHORITY TO DEVELOP AND PROVIDE RECRUITMENT INCEN-
TIVES.—The Secretary of the Army may develop and provide incen-
tives not otherwise authorized by law to encourage individuals
to accept commissions as officers or to enlist in the Army.
(b) RELATION TO OTHER PERSONNEL AUTHORITIES.—A recruit-
ment incentive developed under subsection (a) may be provided—
(1) without regard to the lack of specific authority for
the incentive under title 10 or 37, United States Code; and
(2) notwithstanding any provision of such titles, or any
rule or regulation prescribed under such provision, relating
to methods of—
(A) determining requirements for, and the compensa-
tion of, members of the Army who are assigned duty as
military recruiters; or
(B) providing incentives to individuals to accept
commissions or enlist in the Army, including the provision
of group or individual bonuses, pay, or other incentives.
(c) WAIVER OF OTHERWISE APPLICABLE LAWS.—A provision of
title 10 or 37, United States Code, may not be waived with respect
to, or otherwise determined to be inapplicable to, the provision
of a recruitment incentive developed under subsection (a) without
the approval of the Secretary of Defense.
(d) NOTICE AND WAIT REQUIREMENT.—A recruitment incentive
developed under subsection (a) may not be provided to individuals
until—
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(1) the Secretary of the Army submits to Congress, the
appropriate elements of the Department of Defense, and the
Comptroller General a plan that includes—
(A) a description of the incentive, including the purpose
of the incentive and the potential recruits to be addressed
by the incentive;
(B) a description of the provisions of titles 10 and
37, United States Code, from which the incentive would
require a waiver and the rationale to support the waiver;
(C) a statement of the anticipated outcomes as a result
of providing the incentive; and
(D) the method to be used to evaluate the effectiveness
of the incentive; and
(2) a 45-day period beginning on the date on which the
plan was received by Congress expires.
(e) LIMITATION ON NUMBER OF INCENTIVES.—Not more than
four recruitment incentives may be provided under the authority
of this section.
(f) LIMITATION ON NUMBER OF INDIVIDUALS RECEIVING INCEN-
TIVES.—The number of individuals who receive one or more of
the recruitment incentives provided under subsection (a) during
a fiscal year may not exceed the number of individuals equal
to 20 percent of the accession mission of the Army for that fiscal
year.
(g) DURATION OF DEVELOPED INCENTIVE.—A recruitment incen-
tive developed under subsection (a) may be provided for not longer
than a three-year period beginning on the date on which the incen-
tive is first provided, except that the Secretary of the Army may
extend the period if the Secretary determines that additional time
is needed to fully evaluate the effectiveness of the incentive.
(h) REPORTING REQUIREMENTS.—
(1) SECRETARY OF THE ARMY REPORT.—The Secretary of
the Army shall submit to Congress an annual report on the
recruitment incentives provided under subsection (a) during
the preceding year, including—
(A) a description of the incentives provided under sub-
section (a) during that fiscal year; and
(B) an assessment of the impact of the incentives on
the recruitment of individuals as officers or enlisted mem-
bers.
(2) COMPTROLLER GENERAL REPORT.—As soon as practicable
after receipt of each plan under subsection (d), the Comptroller
General shall submit to Congress a report evaluating the
expected outcomes of the recruitment incentive covered by the
plan in terms of cost effectiveness and mission achievement.
(i) TERMINATION OF AUTHORITY TO PROVIDE INCENTIVES.—Not-
withstanding subsection (g), the authority to provide recruitment
incentives under this section expires on December 31, 2009.
SEC. 682. CLARIFICATION OF LEAVE ACCRUAL FOR MEMBERS
ASSIGNED TO A DEPLOYABLE SHIP OR MOBILE UNIT OR
OTHER DUTY.
Subparagraph (B) of section 701(f)(1) of title 10, United States
Code, is amended to read as follows:
‘‘(B) This subsection applies to a member who—
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‘‘(i) serves on active duty for a continuous period of at
least 120 days in an area in which the member is entitled
to special pay under section 310(a) of title 37;
‘‘(ii) is assigned to a deployable ship or mobile unit or
to other duty designated for the purpose of this section; or
‘‘(iii) on or after August 29, 2005, performs duty designated
by the Secretary of Defense as qualifying duty for purposes
of this subsection.’’.
SEC. 683. EXPANSION OF AUTHORITY TO REMIT OR CANCEL INDEBTED-
NESS OF MEMBERS OF THE ARMED FORCES INCURRED
ON ACTIVE DUTY.
(a) INDEBTEDNESS OF MEMBERS OF THE ARMY.—
(1) AUTHORITY.—Section 4837 of title 10, United States
Code, is amended to read as follows:
‘‘§ 4837. Settlement of accounts: remission or cancellation
of indebtedness of members
‘‘(a) IN GENERAL.—If the Secretary considers it to be in the
best interest of the United States, the Secretary may have remitted
or cancelled any part of the indebtedness of a member of the
Army on active duty, or a member of a reserve component of
the Army in an active status, to the United States or any instrumen-
tality of the United States incurred while the member was serving
on active duty.
‘‘(b) PERIOD OF EXERCISE OF AUTHORITY.—The Secretary may
exercise the authority in subsection (a) with respect to a member—
‘‘(1) while the member is on active duty or in active status,
as the case may be;
‘‘(2) if discharged from the armed forces under honorable
conditions, during the one-year period beginning on the date
of such discharge; or
‘‘(3) if released from active status in a reserve component,
during the one-year period beginning on the date of such
release.
‘‘(c) RETROACTIVE
APPLICABILITY
TO
CERTAIN
DEBTS.—The
authority in subsection (a) may be exercised with respect to any
debt covered by that subsection that is incurred on or after October
7, 2001.
‘‘(d) REGULATIONS.—This section shall be administered under
regulations prescribed by the Secretary of Defense.’’.
(2) CLERICAL AMENDMENT.—The item relating to that sec-
tion in the table of sections at the beginning of chapter 453
of such title is amended by striking the penultimate word.
(3) TERMINATION.—The amendments made by this sub-
section shall terminate on December 31, 2007. Effective on
that date, section 4873 of title 10, United States Code, as
in effect on the day before the date of the enactment of this
Act shall be revived.
(b) INDEBTEDNESS OF MEMBERS OF THE NAVY.—
(1) AUTHORITY.—Section 6161 of title 10, United States
Code, is amended to read as follows:
‘‘§ 6161. Settlement of accounts: remission or cancellation
of indebtedness of members
‘‘(a) IN GENERAL.—If the Secretary of the Navy considers it
to be in the best interest of the United States, the Secretary
10 USC 4837
note.
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may have remitted or cancelled any part of the indebtedness of
a member of the Navy on active duty, or a member of a reserve
component of the Navy in an active status, to the United States
or any instrumentality of the United States incurred while the
member was serving on active duty.
‘‘(b) PERIOD
OF EXERCISE
OF AUTHORITY.—The Secretary of
the Navy may exercise the authority in subsection (a) with respect
to a member—
‘‘(1) while the member is on active duty or in active status,
as the case may be;
‘‘(2) if discharged from the armed forces under honorable
conditions, during the one-year period beginning on the date
of such discharge; or
‘‘(3) if released from active status in a reserve component,
during the one-year period beginning on the date of such
release.
‘‘(c) RETROACTIVE
APPLICABILITY
TO
CERTAIN
DEBTS.—The
authority in subsection (a) may be exercised with respect to any
debt covered by that subsection that is incurred on or after October
7, 2001.
‘‘(d) REGULATIONS.—This section shall be administered under
regulations prescribed by the Secretary of Defense.’’.
(2) CLERICAL AMENDMENT.—The item relating to that sec-
tion in the table of sections at the beginning of chapter 561
of such title is amended by striking the penultimate word.
(3) TERMINATION.—The amendments made by this sub-
section shall terminate on December 31, 2007. Effective on
that date, section 6161 of title 10, United States Code, as
in effect on the day before the date of the enactment of this
Act shall be revived.
(c) INDEBTEDNESS OF MEMBERS OF THE AIR FORCE.—
(1) AUTHORITY.—Section 9837 of title 10, United States
Code, is amended to read as follows:
‘‘§ 9837. Settlement of accounts: remission or cancellation
of indebtedness of members
‘‘(a) IN GENERAL.—If the Secretary considers it to be in the
best interest of the United States, the Secretary may have remitted
or cancelled any part of the indebtedness of a member of the
Air Force on active duty, or a member of a reserve component
of the Air Force in an active status, to the United States or any
instrumentality of the United States incurred while the member
was serving on active duty.
‘‘(b) PERIOD OF EXERCISE OF AUTHORITY.—The Secretary may
exercise the authority in subsection (a) with respect to a member—
‘‘(1) while the member is on active duty or in active status,
as the case may be;
‘‘(2) if discharged from the armed forces under honorable
conditions, during the one-year period beginning on the date
of such discharge; or
‘‘(3) if released from active status in a reserve component,
during the one-year period beginning on the date of such
release.
‘‘(c) RETROACTIVE
APPLICABILITY
TO
CERTAIN
DEBTS.—The
authority in subsection (a) may be exercised with respect to any
debt covered by that subsection that is incurred on or after October
7, 2001.
10 USC 6161
note.
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‘‘(d) REGULATIONS.—This section shall be administered under
regulations prescribed by the Secretary of Defense.’’.
(2) CLERICAL AMENDMENT.—The item relating to that sec-
tion in the table of sections at the beginning of chapter 953
of such title is amended by striking the penultimate word.
(3) TERMINATION.—The amendments made by this sub-
section shall terminate on December 31, 2007. Effective on
that date, section 9873 of title 10, United States Code, as
in effect on the day before the date of the enactment of this
Act shall be revived.
SEC. 684. LOAN REPAYMENT PROGRAM FOR CHAPLAINS IN THE
SELECTED RESERVE.
(a) LOAN REPAYMENT PROGRAM AUTHORIZED.—Chapter 1609
of title 10, United States Code, is amended by adding at the end
the following new section:
‘‘§ 16303. Loan repayment program: chaplains serving in the
Selected Reserve
‘‘(a) AUTHORITY TO REPAY EDUCATION LOANS.—For purposes
of maintaining adequate numbers of chaplains in the Selected
Reserve, the Secretary concerned may repay a loan that was
obtained by a person who—
‘‘(1) satisfies the requirements for accessioning and commis-
sioning of chaplains, as prescribed in regulations;
‘‘(2) holds, or is fully qualified for, an appointment as
a chaplain in a reserve component of an armed force; and
‘‘(3) signs a written agreement with the Secretary concerned
to serve not less than three years in the Selected Reserve.
‘‘(b) EXCEPTION FOR CHAPLAIN CANDIDATE PROGRAM.—A person
accessioned into the Chaplain Candidate Program is not eligible
for the repayment of a loan under subsection (a).
‘‘(c) LOAN REPAYMENT PROCESS; MAXIMUM AMOUNT.—(1) Sub-
ject to paragraph (2), the repayment of a loan under subsection
(a) may consist of the payment of the principal, interest, and related
expenses of the loan.
‘‘(2) The amount of any repayment of a loan made under sub-
section (a) on behalf of a person may not exceed $20,000 for each
three year period of obligated service that the person agrees to
serve in an agreement described in subsection (a)(3). Of such
amount, not more than an amount equal to 50 percent of such
amount may be paid before the completion by the person of the
first year of obligated service pursuant to the agreement. The
balance of such amount shall be payable at such time or times
as are prescribed in regulations.
‘‘(d) EFFECT OF FAILURE TO COMPLETE OBLIGATION.—If a person
on whose behalf a loan is repaid under subsection (a) fails to
commence or complete the period of obligated service specified
in the agreement described in subsection (a)(3), the Secretary con-
cerned may require the person to pay the United States an amount
equal to the amount of the loan repayments made on behalf of
the person in connection with the agreement.
‘‘(e) REGULATIONS.—The Secretary of Defense shall prescribe
regulations to carry out this section.’’.
10 USC 9837
note.
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(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 1609 of such title is amended by adding at the
end the following new item:
‘‘16303. Loan repayment program: chaplains serving in the Selected Reserve.’’.
SEC. 685. INCLUSION OF SENIOR ENLISTED ADVISOR FOR THE CHAIR-
MAN OF THE JOINT CHIEFS OF STAFF AMONG SENIOR
ENLISTED MEMBERS OF THE ARMED FORCES.
(a) BASIC PAY RATE.—
(1) EQUAL
TREATMENT.—The rate of basic pay for an
enlisted member in the grade E–9 while serving as Senior
Enlisted Advisor for the Chairman of the Joint Chiefs of Staff
shall be the same as the rate of basic pay for an enlisted
member in that grade while serving as Sergeant Major of
the Army, Master Chief Petty Officer of the Navy, Chief Master
Sergeant of the Air Force, Sergeant Major of the Marine Corps,
or Master Chief Petty Officer of the Coast Guard, regardless
of cumulative years of service computed under section 205
of title 37, United States Code.
(2) EFFECTIVE DATE.—Paragraph (1) shall apply beginning
on the date on which an enlisted member of the Armed Forces
is first appointed to serve as Senior Enlisted Advisor for the
Chairman of the Joint Chiefs of Staff.
(b) PAY DURING TERMINAL LEAVE OR WHILE HOSPITALIZED.—
Section 210(c) of title 37, United States Code, is amended by adding
at the end the following new paragraph:
‘‘(6) The Senior Enlisted Advisor for the Chairman of the
Joint Chiefs of Staff.’’.
(c) PERSONAL MONEY ALLOWANCE.—Section 414(c) of such title
is amended—
(1) by striking ‘‘or’’ after ‘‘Sergeant Major of the Marine
Corps,’’; and
(2) by inserting before the period at the end the following:
‘‘, or the Senior Enlisted Advisor for the Chairman of the
Joint Chiefs of Staff’’.
(d) RETIRED PAY BASE.—Section 1406(i)(3)(B) of title 10, United
States Code, is amended by adding at the end the following new
clause:
‘‘(vi) Senior Enlisted Advisor for the Chairman
of the Joint Chiefs of Staff.’’.
SEC. 686. SPECIAL AND INCENTIVE PAYS CONSIDERED FOR SAVED
PAY UPON APPOINTMENT OF MEMBERS AS OFFICERS.
(a) INCLUSION AND EXCLUSION OF CERTAIN PAY TYPES.—Sub-
section (d) of section 907 of title 37, United States Code, is amended
to read as follows:
‘‘(d)(1) In determining the amount of the pay and allowances
of a grade formerly held by an officer, the following special and
incentive pays may be considered only so long as the officer con-
tinues to perform the duty that creates the entitlement to, or
eligibility for, that pay and would otherwise be eligible to receive
that pay in the former grade:
‘‘(A) Incentive pay for hazardous duty under section 301
of this title.
‘‘(B) Submarine duty incentive pay under section 301c of
this title.
37 USC 205 note.
10 USC prec.
16301.
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‘‘(C) Special pay for diving duty under section 304 of this
title.
‘‘(D) Hardship duty pay under section 305 of this title.
‘‘(E) Career sea pay under section 305a of this title.
‘‘(F) Special pay for service as a member of a Weapons
of Mass Destruction Civil Support Team under section 305b
of this title.
‘‘(G) Assignment incentive pay under section 307a of this
title.
‘‘(H) Special pay for duty subject to hostile fire or imminent
danger under section 310 of this title.
‘‘(I) Special pay or bonus for an extension of duty at a
designated overseas location under section 314 of this title.
‘‘(J) Foreign language proficiency pay under section 316
of this title.
‘‘(K) Critical skill retention bonus under section 323 of
this title.
‘‘(2) The following special and incentive pays are dependent
on a member being in an enlisted status and may not be considered
in determining the amount of the pay and allowances of a grade
formerly held by an officer:
‘‘(A) Special duty assignment pay under section 307 of
this title.
‘‘(B) Reenlistment bonus under section 308 of this title.
‘‘(C) Enlistment bonus under section 309 of this title.
‘‘(D) Career enlisted flyer incentive pay under section 320
of this title.’’.
(b) 
STYLISTIC
AMENDMENTS.—Such 
section 
is 
further
amended—
(1) in subsections (a) and (b)—
(A) by striking ‘‘he’’ each place it appears and inserting
‘‘the officer’’; and
(B) by striking ‘‘his appointment’’ each place it appears
and inserting ‘‘the appointment’’; and
(2) in subsection (c)(2), by striking ‘‘he’’ and inserting ‘‘the
officer’’.
(c) EFFECTIVE DATE.—Subsection (d) of section 907 of title
37, United States Code, as amended by subsection (a), shall apply
with respect to any acceptance by an enlisted member of the Armed
Forces of an appointment as an officer made on or after the date
of the enactment of this Act.
SEC. 687. REPAYMENT OF UNEARNED PORTION OF BONUSES, SPECIAL
PAYS, AND EDUCATIONAL BENEFITS.
(a) REPAYMENT OF UNEARNED PORTION OF BONUSES AND OTHER
BENEFITS.—
(1) UNIFORM REPAYMENT PROVISION.—Section 303a of title
37, United States Code, is amended by adding at the end
the following new subsection:
‘‘(e) REPAYMENT
OF UNEARNED PORTION
OF BONUSES
AND
OTHER BENEFITS WHEN CONDITIONS OF PAYMENT NOT MET.—(1)
A member of the uniformed services who receives a bonus or similar
benefit and whose receipt of the bonus or similar benefit is subject
to the condition that the member continue to satisfy certain eligi-
bility requirements shall repay to the United States an amount
equal to the unearned portion of the bonus or similar benefit if
37 USC 907 note.
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the member fails to satisfy the requirements, except in certain
circumstances authorized by the Secretary concerned.
‘‘(2) The Secretary concerned may establish, by regulations,
procedures for determining the amount of the repayment required
under this subsection and the circumstances under which an excep-
tion to the required repayment may be granted. The Secretary
concerned may specify in the regulations the conditions under which
an installment payment of a bonus or similar benefit to be paid
to a member of the uniformed services will not be made if the
member no longer satisfies the eligibility requirements for the bonus
or similar benefit. For the military departments, this subsection
shall be administered under regulations prescribed by the Secretary
of Defense.
‘‘(3) An obligation to repay the United States under this sub-
section is, for all purposes, a debt owed the United States. A
discharge in bankruptcy under title 11 does not discharge a person
from such debt if the discharge order is entered less than five
years after—
‘‘(A) the date of the termination of the agreement or con-
tract on which the debt is based; or
‘‘(B) in the absence of such an agreement or contract,
the date of the termination of the service on which the debt
is based.
‘‘(4) In this subsection:
‘‘(A) The term ‘bonus or similar benefit’ means a bonus,
incentive pay, special pay, or similar payment, or an educational
benefit or stipend, paid to a member of the uniformed services
under a provision of law that refers to the repayment require-
ments of this subsection.
‘‘(B) The term ‘service’, as used in paragraph (3)(B), refers
to an obligation willingly undertaken by a member of the uni-
formed services, in exchange for a bonus or similar benefit
offered by the Secretary of Defense or the Secretary concerned—
‘‘(i) to remain on active duty or in an active status
in a reserve component;
‘‘(ii) to perform duty in a specified skill, with or without
a specified qualification or credential;
‘‘(iii) to perform duty at a specified location; or
‘‘(iv) to perform duty for a specified period of time.’’.
(2) APPLICABILITY TO TITLE 11 CASES.—In the case of a
provision of law amended by subsection (b), (c), or (d) of this
section, paragraph (3) of subsection (a) of section 303a of title
37, United States Code, as added by this subsection, shall
apply to any case commenced under title 11, United States
Code, after March 30, 2006.
(b) CONFORMING AMENDMENTS TO TITLE 37.—
(1) AVIATION
CAREER
OFFICER
RETENTION
BONUS.—Sub-
section (g) of section 301b of title 37, United States Code,
is amended to read as follows:
‘‘(g) REPAYMENT.—An officer who does not complete the period
of active duty specified in the agreement entered into under sub-
section (a) shall be subject to the repayment provisions of section
303a(e) of this title.’’.
(2) MEDICAL OFFICER MULTIYEAR RETENTION BONUS.—Sub-
section (c) of section 301d of such title is amended to read
as follows:
37 USC 303a
note.
Regulations.
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‘‘(c) REPAYMENT.—An officer who does not complete the period
of active duty specified in the agreement entered into under sub-
section (a) shall be subject to the repayment provisions of section
303a(e) of this title.’’.
(3) DENTAL OFFICER MULTIYEAR RETENTION BONUS.—Sub-
section (d) of section 301e of such title is amended to read
as follows:
‘‘(d) REPAYMENT.—An officer who does not complete the period
of active duty specified in the agreement entered into under sub-
section (a) shall be subject to the repayment provisions of section
303a(e) of this title.’’.
(4) MEDICAL OFFICER SPECIAL PAY.—Section 302 of such
title is amended—
(A) in subsection (c)(2), by striking the second sentence
and inserting the following new sentence: ‘‘If such entitle-
ment is terminated, the officer concerned shall be subject
to the repayment provisions of section 303a(e) of this title.’’;
and
(B) by striking subsection (f) and inserting the fol-
lowing new subsection:
‘‘(f) REPAYMENT.—An officer who does not complete the period
for which the payment was made under subsection (a)(4) or sub-
section (b)(1) shall be subject to the repayment provisions of section
303a(e) of this title.’’.
(5) OPTOMETRIST RETENTION SPECIAL PAY.—Paragraph (4)
of section 302a(b) of such title is amended to read as follows:
‘‘(4) The Secretary concerned may terminate at any time the
eligibility of an officer to receive retention special pay under para-
graph (1). An officer who does not complete the period for which
the payment was made under paragraph (1) shall be subject to
the repayment provisions of section 303a(e) of this title.’’.
(6) DENTAL OFFICER SPECIAL PAY.—Section 302b of such
title is amended—
(A) in subsection (b)(2), by striking the second sentence
and inserting the following new sentence: ‘‘If such entitle-
ment is terminated, the officer concerned shall be subject
to the repayment provisions of section 303a(e) of this title.’’;
(B) by striking subsection (e) and inserting the fol-
lowing new subsection (e):
‘‘(e) REPAYMENT.—An officer who does not complete the period
of active duty specified in the agreement referred to in subsection
(b) shall be subject to the repayment provisions of section 303a(e)
of this title.’’;
(C) by striking subsection (f); and
(D) by redesignating subsections (g) and (h) as sub-
sections (f) and (g), respectively.
(7) ACCESSION BONUS FOR REGISTERED NURSES.—Subsection
(d) of section 302d of such title is amended to read as follows:
‘‘(d) REPAYMENT.—An officer who does not become and remain
licensed as a registered nurse during the period for which the
payment is made, or who does not complete the period of active
duty specified in the agreement entered into under subsection (a),
shall be subject to the repayment provisions of section 303a(e)
of this title.’’.
(8) NURSE ANESTHETIST SPECIAL PAY.—Section 302e of such
title is amended—
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(A) in subsection (c), by striking the last sentence
and inserting the following new sentence: ‘‘If such entitle-
ment is terminated, the officer concerned shall be subject
to the repayment provisions of section 303a(e) of this title.’’;
and
(B) by striking subsection (e) and inserting the fol-
lowing new subsection:
‘‘(e) REPAYMENT.—An officer who does not complete the period
of active duty specified in the agreement entered into under sub-
section (a) shall be subject to the repayment provisions of section
303a(e) of this title.’’.
(9) RESERVE, RECALLED, OR RETAINED HEALTH CARE OFFI-
CERS SPECIAL PAY.—Section 302f(c) of such title is amended
by striking ‘‘refund’’ and inserting ‘‘repay in the manner pro-
vided in section 303a(e) of this title’’.
(10) SELECTED RESERVE HEALTH CARE PROFESSIONALS IN
CRITICALLY SHORT WARTIME SPECIALTIES SPECIAL PAY.—Section
302g of such title is amended—
(A) by striking subsections (d) and (e);
(B) by inserting after subsection (c) the following new
subsection (d):
‘‘(d) REPAYMENT.—An officer who does not complete the period
of service in the Selected Reserve specified in the agreement entered
into under subsection (a) shall be subject to the repayment provi-
sions of section 303a(e) of this title.’’; and
(C) by redesignating subsection (f), as amended by
section 622(e), as subsection (e).
(11) ACCESSION BONUS FOR DENTAL OFFICERS.—Subsection
(d) of section 302h of such title is amended to read as follows:
‘‘(d) REPAYMENT.—A person who, after signing an agreement
under subsection (a), is not commissioned as an officer of the
armed forces, does not become licensed as a dentist, or does not
complete the period of active duty specified in the agreement shall
be subject to the repayment provisions of section 303a(e) of this
title.’’.
(12) ACCESSION
BONUS
FOR
PHARMACY
OFFICERS.—Sub-
section (e) of section 302j of such title is amended to read
as follows:
‘‘(e) REPAYMENT.—A person who, after signing an agreement
under subsection (a), is not commissioned as an officer of the
armed forces, does not become and remain certified or licensed
as a pharmacist, or does not complete the period of active duty
specified in the agreement shall be subject to the repayment provi-
sions of section 303a(e) of this title.’’.
(13) ASSIGNMENT INCENTIVE PAY.—Subsection (d) of section
307a of such title, as added by section 628(c), is amended
to read as follows:
‘‘(d) REPAYMENT.—A member who enters into an agreement
under this section and receives incentive pay under the agreement
in a lump sum or installments, but who fails to complete the
period of service covered by the payment, whether voluntarily or
because of misconduct, shall be subject to the repayment provisions
of section 303a(e) of this title.’’.
(14) REENLISTMENT
BONUS
FOR
ACTIVE
MEMBERS.—Sub-
section (d) of section 308 of such title is amended to read
as follows:
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‘‘(d) A member who does not complete the term of enlistment
for which a bonus was paid to the member under this section,
or a member who is not technically qualified in the skill for which
a bonus was paid to the member under this section, shall be
subject to the repayment provisions of section 303a(e) of this title.’’.
(15) REENLISTMENT BONUS FOR SELECTED RESERVE.—Sub-
section (d) of section 308b of such title is amended to read
as follows:
‘‘(d) REPAYMENT.—A member who does not complete the term
of enlistment in the element of the Selected Reserve for which
the bonus was paid to the member under this section shall be
subject to the repayment provisions of section 303a(e) of this title.’’.
(16) SELECTED
RESERVE
AFFILIATION
OR
ENLISTMENT
BONUS.—Section 308c of such title, as amended by section 631,
is further amended by striking subsection (g) and inserting
the following new subsection:
‘‘(g) REPAYMENT.—A person who enters into an agreement
under subsection (a) or (c) and receives all or part of the bonus
under the agreement, but who does not commence to serve in
the Selected Reserve or does not satisfactorily participate in the
Selected Reserve for the total period of service specified in the
agreement, shall be subject to the repayment provisions of section
303a(e) of this title.’’.
(17) READY RESERVE ENLISTMENT BONUS.—Section 308g of
such title is amended—
(A) by striking subsection (d) and inserting the fol-
lowing new subsection:
‘‘(d) A person who does not serve satisfactorily in the element
of the Ready Reserve in the combat or combat support skill for
the period for which the bonus was paid under this section shall
be subject to the repayment provisions of section 303a(e) of this
title.’’;
(B) by striking subsections (e) and (f); and
(C) by redesignating subsections (g) and (h), as
amended by section 621(c), as subsections (e) and (f),
respectively.
(18) READY RESERVE REENLISTMENT, ENLISTMENT, AND VOL-
UNTARY EXTENSION OF ENLISTMENT BONUS.—Section 308h of
such title is amended—
(A) by striking subsection (c) and inserting the fol-
lowing new subsection:
‘‘(c) REPAYMENT.—A person who does not complete the period
of enlistment or extension of enlistment for which the bonus was
paid under this section shall be subject to the repayment provisions
of section 303a(e) of this title.’’;
(B) by striking subsections (d) and (e); and
(C) by redesignating subsections (f) and (g), as amended
by section 621(d), as subsections (d) and (e), respectively.
(19) PRIOR SERVICE ENLISTMENT BONUS.—Subsection (d) of
section 308i of such title is amended to read as follows:
‘‘(d) REPAYMENT.—A person who receives a bonus payment
under this section and who, during the period for which the bonus
was paid, does not serve satisfactorily in the element of the Selected
Reserve with respect to which the bonus was paid shall be subject
to the repayment provisions of section 303a(e) of this title.’’.
(20) ENLISTMENT BONUS.—Subsection (b) of section 309 of
such title is amended to read as follows:
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‘‘(b) REPAYMENT.—A member who does not complete the term
of enlistment for which a bonus was paid to the member under
this section, or a member who is not technically qualified in the
skill for which a bonus was paid to the member under this section,
shall be subject to the repayment provisions of section 303a(e)
of this title.’’.
(21) SPECIAL
PAY
FOR
NUCLEAR-QUALIFIED
OFFICERS
EXTENDING ACTIVE DUTY.—Subsection (b) of section 312 of such
title is amended to read as follows:
‘‘(b) An officer who does not complete the period of active
duty in connection with the supervision, operation, and maintenance
of naval nuclear propulsion plants that the officer agreed to serve,
and for which a payment was made under subsection (a) or sub-
section (d)(1), shall be subject to the repayment provisions of section
303a(e) of this title.’’.
(22) NUCLEAR CAREER ACCESSION BONUS.—Paragraph (2)
of section 312b(a) of such title is amended to read as follows:
‘‘(2) An officer who does not commence or complete satisfactorily
the nuclear power training specified in the agreement under para-
graph (1) shall be subject to the repayment provisions of section
303a(e) of this title.’’.
(23) ENLISTED MEMBERS EXTENDING DUTY AT DESIGNATED
LOCATIONS OVERSEAS.—Subsection (d) of section 314 of such
title is amended to read as follows:
‘‘(d) REPAYMENT.—A member who, having entered into a written
agreement to extend a tour of duty for a period under subsection
(a), receives a bonus payment under subsection (b)(2) for a 12-
month period covered by the agreement and ceases during that
12-month period to perform the agreed tour of duty shall be subject
to the repayment provisions of section 303a(e) of this title.’’.
(24) ENGINEERING AND SCIENTIFIC CAREER CONTINUATION
PAY.—Subsection (c) of section 315 of such title is amended
to read as follows:
‘‘(c) An officer who, having entered into a written agreement
under subsection (b) and having received all or part of a bonus
under this section, does not complete the period of active duty
as specified in the agreement shall be subject to the repayment
provisions of section 303a(e) of this title.’’.
(25) FOREIGN LANGUAGE PROFICIENCY PAY.—Subsection (e)
of section 316 of such title, as added by section 639(c), is
amended to read as follows:
‘‘(e) REPAYMENT.—A member who receives a bonus under this
section, but who does not satisfy an eligibility requirement specified
in paragraph (1), (2), (3), or (4) of subsection (a) for the entire
certification period, shall be subject to the repayment provisions
of section 303a(e) of this title.’’.
(26) CRITICAL
ACQUISITION
POSITIONS.—Subsection (f) of
section 317 of such title is amended to read as follows:
‘‘(f) REPAYMENT.—An officer who, having entered into a written
agreement under subsection (a) and having received all or part
of a bonus under this section, does not complete the period of
active duty as specified in the agreement shall be subject to the
repayment provisions of section 303a(e) of this title.’’.
(27) SPECIAL
WARFARE
OFFICERS
EXTENDING
PERIOD
OF
ACTIVE DUTY.—Subsection (h) of section 318 of such title is
amended to read as follows:
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‘‘(h) REPAYMENT.—An officer who, having entered into a written
agreement under subsection (b) and having received all or part
of a bonus under this section, does not complete the period of
active duty in special warfare service as specified in the agreement
shall be subject to the repayment provisions of section 303a(e)
of this title.’’.
(28) SURFACE
WARFARE
OFFICERS
EXTENDING
PERIOD
OF
ACTIVE DUTY.—Subsection (f) of section 319 of such title is
amended to read as follows:
‘‘(f) REPAYMENT.—An officer who, having entered into a written
agreement under subsection (b) and having received all or part
of a bonus under this section, does not complete the period of
active duty as a department head on a surface vessel as specified
in the agreement, shall be subject to the repayment provisions
of section 303a(e) of this title.’’.
(29) JUDGE ADVOCATE CONTINUATION PAY.—Subsection (f)
of section 321 of such title is amended to read as follows:
‘‘(f) REPAYMENT.—An officer who has entered into a written
agreement under subsection (b) and has received all or part of
the amount payable under the agreement but who does not complete
the total period of active duty specified in the agreement, shall
be subject to the repayment provisions of section 303a(e) of this
title.’’.
(30) 15-YEAR CAREER STATUS BONUS.—Subsection (f) of sec-
tion 322 of such title is amended to read as follows:
‘‘(f) REPAYMENT.—If a person paid a bonus under this section
does not complete a period of active duty beginning on the date
on which the election of the person under paragraph (1) of sub-
section (a) is received and ending on the date on which the person
completes 20 years of active duty service as described in paragraph
(2) of such subsection, the person shall be subject to the repayment
provisions of section 303a(e) of this title.’’.
(31) CRITICAL
MILITARY
SKILLS
RETENTION
BONUS.—Sub-
section (g) of section 323 of such title, as amended by section
640(e), is amended to read as follows:
‘‘(g) REPAYMENT.—A member paid a bonus under this section
who fails, during the period of service covered by the member’s
agreement, reenlistment, or voluntary extension of enlistment under
subsection (a), to remain qualified in the critical military skill
or to satisfy the other eligibility criteria for which the bonus was
paid shall be subject to the repayment provisions of section 303a(e)
of this title.’’.
(32) ACCESSION
BONUS
FOR
NEW
OFFICERS
IN
CRITICAL
SKILLS.—Subsection (f) of section 324 of such title is amended
to read as follows:
‘‘(f) REPAYMENT.—An individual who, having received all or
part of the bonus under an agreement referred to in subsection
(a), is not thereafter commissioned as an officer or does not com-
mence or complete the total period of active duty service specified
in the agreement shall be subject to the repayment provisions
of section 303a(e) of this title.’’.
(33) SAVINGS PLAN FOR EDUCATION EXPENSES AND OTHER
CONTINGENCIES.—Subsection (g) of section 325 of such title
is amended to read as follows:
‘‘(g) REPAYMENT.—If a person does not complete the qualifying
service for which the person is obligated under a commitment
for which a benefit has been paid under this section, the person
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shall be subject to the repayment provisions of section 303a(e)
of this title.’’.
(34) INCENTIVE
BONUS
FOR
CONVERSION
TO
MILITARY
OCCUPATIONAL SPECIALTY.—Subsection (e) of section 326 of such
title is amended to read as follows:
‘‘(e) REPAYMENT.—A member who does not convert to and com-
plete the period of service in the military occupational specialty
specified in the agreement executed under subsection (a) shall be
subject to the repayment provisions of section 303a(e) of this title.’’.
(35) 
TRANSFER
BETWEEN
ARMED
FORCES
INCENTIVE
BONUS.—Section 327 of such title, as added by section 641,
is amended by striking subsection (f) and inserting the following
new subsection:
‘‘(f) REPAYMENT.—A member who is paid a bonus under an
agreement under this section and who, voluntarily or because of
misconduct, fails to serve for the period covered by such agreement
shall be subject to the repayment provisions of section 303a(e)
of this title.’’.
(c) CONFORMING AMENDMENTS TO TITLE 10.—
(1) ENLISTMENT
INCENTIVES
FOR
PURSUIT
OF
SKILLS
TO
FACILITATE NATIONAL SERVICE.—Subsection (i) of section 510
of title 10, United States Code, is amended to read as follows:
‘‘(i) REPAYMENT.—If a National Call to Service participant who
has entered into an agreement under subsection (b) and received
or benefitted from an incentive under paragraph (1) or (2) of sub-
section (e) fails to complete the total period of service specified
in the agreement, the National Call to Service participant shall
be subject to the repayment provisions of section 303a(e) of title
37.’’.
(2) ADVANCED
EDUCATION
ASSISTANCE.—Section 2005 of
such title is amended—
(A) in subsection (a), by striking paragraph (3) and
inserting the following new paragraph:
‘‘(3) that if such person does not complete the period of
active duty specified in the agreement, or does not fulfill any
term or condition prescribed pursuant to paragraph (4), such
person shall be subject to the repayment provisions of section
303a(e) of title 37; and’’;
(B) by striking subsections (c), (d), (f), (g) and (h);
(C) by redesignating subsection (e) as subsection (d);
and
(D) by inserting after subsection (b), the following new
subsection:
‘‘(c) As a condition of the Secretary concerned providing finan-
cial assistance under section 2107 or 2107a of this title to any
person, the Secretary concerned shall require that the person enter
into the agreement described in subsection (a). In addition to the
requirements of paragraphs (1) through (4) of such subsection,
the agreement shall specify that, if the person does not complete
the education requirements specified in the agreement or does
not fulfill any term or condition prescribed pursuant to paragraph
(4) of such subsection, the person shall be subject to the repayment
provisions of section 303a(e) of title 37 without the Secretary first
ordering such person to active duty as provided for under subsection
(a)(2) and sections 2107(f) and 2107a(f) of this title.’’.
Contracts.
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(3) TUITION FOR OFF-DUTY TRAINING OR EDUCATION.—Sec-
tion 2007 of such title is amended by adding at the end the
following new subsection:
‘‘(f) If an officer who enters into an agreement under subsection
(b) does not complete the period of active duty specified in the
agreement, the officer shall be subject to the repayment provisions
of section 303a(e) of title 37.’’.
(4) FAILURE
TO
COMPLETE
ADVANCED
TRAINING
OR
TO
ACCEPT COMMISSION.—Section 2105 of such title is amended
by adding at the end the following new sentence: ‘‘If the member
does not complete the period of active duty prescribed by the
Secretary concerned, the member shall be subject to the repay-
ment provisions of section 303a(e) of title 37’’.
(5) HEALTH
PROFESSIONS
SCHOLARSHIP
AND
FINANCIAL
ASSISTANCE
PROGRAM
FOR
ACTIVE
SERVICE.—Section
2123(e)(1)(C) of such title is amended by striking ‘‘equal to’’
and all that follows through the period at the end and inserting
‘‘pursuant to the repayment provisions of section 303a(e) of
title 37.’’.
(6) FINANCIAL
ASSISTANCE
FOR
NURSE
OFFICER
CAN-
DIDATES.—Subsection (d) of section 2130a of such title is
amended to read as follows:
‘‘(d) REPAYMENT.—A person who does not complete a nursing
degree program in which the person is enrolled in accordance with
the agreement entered into under subsection (a), or having com-
pleted the nursing degree program, does not become an officer
in the Nurse Corps of the Army or the Navy or an officer designated
as a nurse officer of the Air Force or commissioned corps of the
Public Health Service or does not complete the period of obligated
active service required under the agreement, shall be subject to
the repayment provisions of section 303a(e) of title 37.’’.
(7) EDUCATION LOAN REPAYMENT PROGRAM.—Subsection (g)
of section 2173 of such title is amended—
(A) by inserting ‘‘(1)’’ before ‘‘A commissioned officer’’;
and
(B) by adding at the end the following new paragraph:
‘‘(2) An officer who does not complete the period of active
duty specified in the agreement entered into under subsection (b)(3),
or the alternative obligation imposed under paragraph (1), shall
be subject to the repayment provisions of section 303a(e) of title
37.’’.
(8) SCHOLARSHIP
PROGRAM
FOR
DEGREE
PROGRAM
FOR
DEGREE OR CERTIFICATION IN INFORMATION ASSURANCE.—Sec-
tion 2200a of such title is amended—
(A) by striking subsection (e) and inserting the fol-
lowing new subsection:
‘‘(e) REPAYMENT
FOR
PERIOD
OF
UNSERVED
OBLIGATED
SERVICE.—(1) A member of an armed force who does not complete
the period of active duty specified in the service agreement under
section (b) shall be subject to the repayment provisions of section
303a(e) of title 37.
‘‘(2) A civilian employee of the Department of Defense who
voluntarily terminates service before the end of the period of obli-
gated service required under an agreement entered into under
subsection (b) shall be subject to the repayment provisions of section
303a(e) of title 37 in the same manner and to the same extent
as if the civilian employee were a member of the armed forces.’’.
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(B) by striking subsection (f); and
(C) by redesignating subsection (g) as subsection (f).
(9) ARMY CADET AGREEMENT TO SERVE AS OFFICER.—Section
4348 of such title is amended by adding at the end the following
new subsection:
‘‘(f) A cadet or former cadet who does not fulfill the terms
of the agreement as specified under section (a), or the alternative
obligation imposed under subsection (b), shall be subject to the
repayment provisions of section 303a(e) of title 37.’’.
(10) MIDSHIPMEN AGREEMENT FOR LENGTH OF SERVICE.—
Section 6959 of such title is amended by adding at the end
the following new subsection:
‘‘(f) A midshipman or former midshipman who does not fulfill
the terms of the agreement as specified under section (a), or the
alternative obligation imposed under subsection (b), shall be subject
to the repayment provisions of section 303a(e) of title 37.’’.
(11) AIR FORCE CADET AGREEMENT TO SERVE AS OFFICER.—
Section 9348 of such title is amended by adding at the end
the following new subsection:
‘‘(f) A cadet or former cadet who does not fulfill the terms
of the agreement as specified under section (a), or the alternative
obligation imposed under subsection (b), shall be subject to the
repayment provisions of section 303a(e) of title 37.’’.
(12) EDUCATIONAL ASSISTANCE FOR MEMBERS OF SELECTED
RESERVE.—Section 16135 of such title is amended to read as
follows:
‘‘§ 16135. Failure to participate satisfactorily; penalties
‘‘(a) PENALTIES.—At the option of the Secretary concerned, a
member of the Selected Reserve of an armed force who does not
participate satisfactorily in required training as a member of the
Selected Reserve during a term of enlistment or other period of
obligated service that created entitlement of the member to edu-
cational assistance under this chapter, and during which the
member has received such assistance, may—
‘‘(1) be ordered to active duty for a period of two years
or the period of obligated service the person has remaining
under section 16132 of this title, whichever is less; or
‘‘(2) be subject to the repayment provisions under section
303a(e) of title 37.
‘‘(b) EFFECT
OF REPAYMENT.—Any repayment under section
303a(e) of title 37 shall not affect the period of obligation of a
member to serve as a Reserve in the Selected Reserve.’’.
(13) HEALTH PROFESSIONS STIPEND PROGRAM PENALTIES AND
LIMITATIONS.—Subparagraph (B) of section 16203(a)(1) of such
title is amended to read as follows:
‘‘(B) to comply with the repayment provisions of section
303a(e) of title 37.’’.
(14) LOAN REPAYMENT PROGRAM FOR CHAPLAINS SERVING
IN SELECTED RESERVE.—Section 16303 of such title, as added
by section 684, is amended by striking subsection (d) and
inserting the following new subsection:
‘‘(d) EFFECT OF FAILURE TO COMPLETE OBLIGATION.—A person
on whose behalf a loan is repaid under subsection (a) who fails
to commence or complete the period of obligated service specified
in the agreement described in subsection (a)(3) shall be subject
to the repayment provisions of section 303a(e) of title 37.’’.
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(15) COLLEGE TUITION ASSISTANCE PROGRAM FOR MARINE
CORPS PLATOON LEADERS CLASS.—Subsection (f) of section 16401
of such title is amended—
(A) in paragraph (1), by striking ‘‘may be required
to repay the full amount of financial assistance’’ and
inserting ‘‘shall be subject to the repayment provisions
of section 303a(e) of title 37’’; and
(B) in paragraph (2), by inserting before ‘‘The Secretary
of the Navy’’ the following new sentence: ‘‘Any requirement
to repay any portion of financial assistance received under
this section shall be administered under the regulations
issued under section 303a(e) of title 37.’’.
(d) CONFORMING AMENDMENT
TO TITLE 14.—Section 182 of
title 14, United States Code, is amended by adding at the end
the following new subsection:
‘‘(g) A cadet or former cadet who does not fulfill the terms
of the obligation to serve as specified under section (b), or the
alternative obligation imposed under subsection (c), shall be subject
to the repayment provisions of section 303a(e) of title 37.’’.
(e) CLERICAL AMENDMENTS.—
(1) SECTION HEADING.—The heading of section 303a of title
37, United States Code, is amended to read as follows:
‘‘§ 303a. Special pay: general provisions’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 5 of such title is amended by striking
the item relating to section 303a and inserting the following
new item:
‘‘303a. Special pay: general provisions.’’.
(f) CONTINUED APPLICATION
OF CURRENT LAW
TO EXISTING
BONUSES.—In the case of any bonus, incentive pay, special pay,
or similar payment, such as education assistance or a stipend,
which the United States became obligated to pay before April 1,
2006, under a provision of law amended by subsection (b), (c),
or (d) of this section, such provision of law, as in effect on the
day before the date of the enactment of this Act, shall continue
to apply to the payment, or any repayment, of the bonus, incentive
pay, special pay, or similar payment under such provision of law.
SEC. 688. RIGHTS OF MEMBERS OF THE ARMED FORCES AND THEIR
DEPENDENTS UNDER HOUSING AND URBAN DEVELOP-
MENT ACT OF 1968.
(a) WRITTEN NOTICE OF RIGHTS.—Section 106(c)(5)(A)(ii) of the
Housing and Urban Development Act of 1968 (12 U.S.C.
1701x(c)(5)(A)(ii)) is amended—
(1) in subclause (II), by striking ‘‘and’’ at the end;
(2) in subclause (III), by striking the period and inserting
‘‘; and’’; and
(3) by adding at the end the following new subclause:
‘‘(IV) notify the homeowner by a statement
or notice, written in plain English by the Secretary
of Housing and Urban Development, in consulta-
tion with the Secretary of Defense and the Sec-
retary of the Treasury, explaining the mortgage
and foreclosure rights of servicemembers, and the
dependents of such servicemembers, under the
Servicemembers Civil Relief Act (50 U.S.C. App.
10 USC 510 note.
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501 et seq.), including the toll-free military one
source number to call if servicemembers, or the
dependents of such servicemembers, require fur-
ther assistance.’’.
(b) NO EFFECT ON OTHER LAWS.—Nothing in this section shall
relieve any person of any obligation imposed by any other Federal,
State, or local law.
(c) DISCLOSURE FORM.—Not later than 150 days after the date
of the enactment of this Act, the Secretary of Housing and Urban
Development shall issue a final disclosure form to fulfill the require-
ment of subclause (IV) of section 106(c)(5)(A)(ii) of the Housing
and Urban Development Act of 1968, as added by subsection (a).
(d) EFFECTIVE DATE.—The amendments made under subsection
(a) shall take effect 150 days after the date of the enactment
of this Act.
SEC. 689. EXTENSION OF ELIGIBILITY FOR SSI FOR CERTAIN INDIVID-
UALS IN FAMILIES THAT INCLUDE MEMBERS OF THE
RESERVE AND NATIONAL GUARD.
Section 1631(j)(1)(B) of the Social Security Act (42 U.S.C.
1383(j)(1)(B)) is amended by inserting ‘‘(or 24 consecutive months,
in the case of such an individual whose ineligibility for benefits
under or pursuant to both such sections is a result of being called
to active duty pursuant to section 12301(d) or 12302 of title 10,
United States Code, or section 502(f) of title 32, United States
Code)’’ after ‘‘for a period of 12 consecutive months’’.
SEC. 690. INFORMATION FOR MEMBERS OF THE ARMED FORCES AND
THEIR DEPENDENTS ON RIGHTS AND PROTECTIONS OF
THE SERVICEMEMBERS CIVIL RELIEF ACT.
(a) OUTREACH TO MEMBERS.—The Secretary concerned shall
provide to each member of the Armed Forces under the jurisdiction
of the Secretary pertinent information on the rights and protections
available 
to 
members 
and 
their 
dependents 
under 
the
Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.).
(b) TIME OF PROVISION.—The information required to be pro-
vided under subsection (a) to a member shall be provided at the
following times:
(1) During the initial orientation training of the member.
(2) In the case of a member of a reserve component, during
the initial orientation training of the member and when the
member is mobilized or otherwise individually called or ordered
to active duty for a period of more than one year.
(3) At such other times as the Secretary concerned con-
siders appropriate.
(c) OUTREACH TO DEPENDENTS.—The Secretary concerned may
provide to the adult dependents of members under the jurisdiction
of the Secretary pertinent information on the rights and protections
available 
to 
members 
and 
their 
dependents 
under 
the
Servicemembers Civil Relief Act.
(d) DEFINITIONS.—In this section, the terms ‘‘dependent’’ and
‘‘Secretary concerned’’ have the meanings given such terms in sec-
tion 101 of the Servicemembers Civil Relief Act (50 U.S.C. App.
511).
50 USC app.
515a.
12 USC 1701x
note.
Deadline.
12 USC 1701x
note.
12 USC 1701x
note.
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TITLE VII—HEALTH CARE PROVISIONS
SUBTITLE A—IMPROVEMENTS TO HEALTH BENEFITS FOR RESERVES
Sec. 701.
Enhancement of TRICARE Reserve Select program.
Sec. 702.
Expanded eligibility of members of the Selected Reserve under the
TRICARE program.
SUBTITLE B—TRICARE PROGRAM IMPROVEMENTS
Sec. 711.
Additional information required by surveys on TRICARE Standard.
Sec. 712.
Availability of chiropractic health care services.
Sec. 713.
Surviving-dependent eligibility under TRICARE dental plan for sur-
viving spouses who were on active duty at time of death of military
spouse.
Sec. 714.
Exceptional eligibility for TRICARE Prime Remote.
Sec. 715.
Increased period of continued TRICARE Prime coverage of children of
members of the uniformed services who die while serving on active duty
for a period of more than 30 days.
Sec. 716.
TRICARE Standard in TRICARE Regional Offices.
Sec. 717.
Qualifications for individuals serving as TRICARE Regional Directors.
SUBTITLE C—MENTAL HEALTH-RELATED PROVISIONS
Sec. 721.
Program for mental health awareness for dependents and pilot project
on post traumatic stress disorder.
Sec. 722.
Pilot projects on early diagnosis and treatment of post traumatic stress
disorder and other mental health conditions.
Sec. 723.
Department of Defense task force on mental health.
SUBTITLE D—STUDIES AND REPORTS
Sec. 731.
Study relating to predeployment and postdeployment medical exams of
certain members of the Armed Forces.
Sec. 732.
Requirements for physical examinations and medical and dental readi-
ness for members of the Selected Reserve not on active duty.
Sec. 733.
Report on delivery of health care benefits through the military health
care system.
Sec. 734.
Comptroller General studies and report on differential payments to chil-
dren’s hospitals for health care for children dependents and maximum
allowable charge for obstetrical care services under TRICARE.
Sec. 735.
Report on the Department of Defense AHLTA global electronic health
record system.
Sec. 736.
Comptroller General study and report on Vaccine Healthcare Centers.
Sec. 737.
Report on adverse health events associated with use of anti-malarial
drugs.
Sec. 738.
Report on Reserve dental insurance program.
Sec. 739. Demonstration project study on Medicare Advantage regional preferred
provider organization option for TRICARE-medicare dual-eligible bene-
ficiaries.
Sec. 740.
Pilot projects on pediatric early literacy among children of members of
the Armed Forces.
SUBTITLE E—OTHER MATTERS
Sec. 741.
Authority to relocate patient safety center; renaming MedTeams Pro-
gram.
Sec. 742.
Modification of health care quality information and technology enhance-
ment reporting requirement.
Sec. 743.
Correction to eligibility of certain Reserve officers for military health
care pending active duty following commissioning.
Sec. 744.
Prohibition on conversions of military medical and dental positions to ci-
vilian medical positions until submission of certification.
Sec. 745.
Clarification of inclusion of dental care in medical readiness tracking
and health surveillance program.
Sec. 746.
Cooperative outreach to members and former members of the naval
service exposed to environmental factors related to sarcoidosis.
Sec. 747.
Repeal of requirement for Comptroller General reviews of certain De-
partment of Defense-Department of Veterans Affairs projects on sharing
of health care resources.
Sec. 748.
Pandemic avian flu preparedness.
Sec. 749.
Follow up assistance for members of the Armed Forces after
preseparation physical examinations.
Sec. 750. Policy on role of military medical and behavioral science personnel in in-
terrogation of detainees.
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Subtitle A—Improvements to Health
Benefits for Reserves
SEC. 701. ENHANCEMENT OF TRICARE RESERVE SELECT PROGRAM.
(a) EXTENSION
OF COVERAGE
FOR MEMBERS RECALLED
TO
ACTIVE DUTY.—Section 1076d of title 10, United States Code, is
amended—
(1) in subsection (b), by redesignating paragraph (3) as
paragraph (4) and by inserting after paragraph (2) the following
new paragraph (3):
‘‘(3) In the case of a member recalled to active duty before
the period of coverage for which the member is eligible under
subsection (a) terminates, the period of coverage of the member—
‘‘(A) resumes after the member completes the subsequent
active duty service (subject to any additional entitlement to
care and benefits under section 1145(a) of this title that is
based on the same subsequent active duty service); and
‘‘(B) increases by any additional period of coverage for
which the member is eligible under subsection (a) based on
the subsequent active duty service.’’;
(2) in subsection (b)(2), by striking ‘‘Unless earlier termi-
nated under paragraph (3)’’ and inserting ‘‘Subject to paragraph
(3) and unless earlier terminated under paragraph (4)’’; and
(3) in subsection (f), by adding at the end the following
new paragraph:
‘‘(3) The term ‘member recalled to active duty’ means, with
respect to a member who is eligible for coverage under this
section based on a period of active duty service, a member
who is called or ordered to active duty for an additional period
of active duty subsequent to the period of active duty on which
that eligibility is based.’’.
(b) SPECIAL RULE
FOR MOBILIZED MEMBERS
OF INDIVIDUAL
READY RESERVE FINDING NO POSITION IN SELECTED RESERVE.—
Section 1076d of such title is amended by adding at the end of
subsection (b) (as amended by this section) the following new para-
graph:
‘‘(5) In the case of a member of the Individual Ready Reserve
who is unable to find a position in the Selected Reserve and who
meets the requirements for eligibility for health benefits under
TRICARE Standard under subsection (a) except for membership
in the Selected Reserve, the period of coverage under this section
may begin not later than one year after coverage would otherwise
begin under this section had the member been a member of the
Selected Reserve, if the member finds a position in the Selected
Reserve during that one-year period.’’.
(c) ELIGIBILITY OF FAMILY MEMBERS FOR 6 MONTHS FOLLOWING
DEATH
OF MEMBER.—Section 1076d(c) of such title is amended
by adding at the end the following: ‘‘If a member of a reserve
component dies while in a period of coverage under this section,
the eligibility of the members of the immediate family of such
member for TRICARE Standard coverage shall continue for six
months beyond the date of death of the member.’’.
(d) EXTENSION
OF TIME
FOR ENTERING INTO AGREEMENT.—
Section 1076d(a)(2) of such title is amended by striking ‘‘on or
before the date of the release’’ and inserting ‘‘not later than 90
days after release’’.
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(e) REVISION OF TRICARE STANDARD DEFINITION.—Subsection
(f)(2) of section 1076d of such title is amended to read as follows:
‘‘(2) The term ‘TRICARE Standard’ means—
‘‘(A) medical care to which a dependent described in
section 1076(a)(2) of this title is entitled; and
‘‘(B) health benefits contracted for under the authority
of section 1079(a) of this title and subject to the same
rates and conditions as apply to persons covered under
that section.’’.
(f) REVISION OF SECTION HEADING.—
(1) AMENDMENT.—The heading for section 1076d of such
title is amended to read as follows:
‘‘§ 1076d. TRICARE program: coverage for members of
reserve components who commit to continued
service in the Selected Reserve after release from
active duty in support of a contingency oper-
ation’’.
(2) CLERICAL AMENDMENT.—The item relating to section
1076d in the table of sections relating to chapter 55 of such
title is amended to read as follows:
‘‘1076d. TRICARE program: coverage for members of reserve components who com-
mit to continued service in the Selected Reserve after release from ac-
tive duty in support of a contingency operation.’’.
SEC. 702. EXPANDED ELIGIBILITY OF MEMBERS OF THE SELECTED
RESERVE UNDER THE TRICARE PROGRAM.
(a) EXPANDED ELIGIBILITY.—
(1) IN GENERAL.—Section 1076b of title 10, United States
Code, is amended to read as follows:
‘‘§ 1076b. TRICARE program: TRICARE Standard coverage
for members of the Selected Reserve
‘‘(a) ELIGIBILITY.—Each member of the Selected Reserve of the
Ready Reserve who is committed to serving in the Selected Reserve
as described in subsection (c)(3) is eligible, subject to subsection
(h), to enroll in TRICARE Standard and receive benefits under
such enrollment for any period that the member—
‘‘(1) is an eligible unemployment compensation recipient;
‘‘(2) subject to subsection (i), is not eligible for health care
benefits under an employer-sponsored health benefits plan; or
‘‘(3) is not eligible under paragraph (1) or (2) and is not
eligible under section 1076d of this title.
‘‘(b) TYPES OF COVERAGE.—(1) A member eligible under sub-
section (a) may enroll for either of the following types of coverage:
‘‘(A) Self alone coverage.
‘‘(B) Self and family coverage.
‘‘(2) An enrollment by a member for self and family covers
the member and the dependents of the member who are described
in subparagraph (A), (D), or (I) of section 1072(2) of this title.
‘‘(c) ENROLLMENT.—(1) The Secretary of Defense shall provide
for at least one open enrollment period each year. During an open
enrollment period or at such other time as the Secretary considers
appropriate, a member eligible under subsection (a) may enroll
in TRICARE Standard or change or terminate an enrollment in
TRICARE Standard.
‘‘(2) An enrollment in TRICARE Standard of a member eligible
under subsection (a) shall be effective for one year only, and may
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be renewed by the member during the open enrollment period
provided under paragraph (1) or at such other time as the Secretary
considers appropriate.
‘‘(3) A member eligible under subsection (a) may not enroll
or renew an enrollment in TRICARE Standard under this section
unless the member is committed to a period of obligated service
in the Selected Reserve that extends through the enrollment period.
‘‘(d) SCOPE OF CARE.—(1) A member and the dependents of
a member enrolled in TRICARE Standard under this section shall
be entitled to the same benefits under this chapter as a member
of the uniformed services on active duty or a dependent of such
a member, respectively, is entitled to under TRICARE Standard.
‘‘(2) Section 1074(c) of this title shall apply with respect to
a member enrolled in TRICARE Standard under this section.
‘‘(e) PREMIUMS.—(1) The Secretary of Defense shall charge pre-
miums for coverage pursuant to enrollments under this section.
The Secretary shall prescribe for each of the TRICARE Standard
program options a premium for self alone coverage and a premium
for self and family coverage.
‘‘(2) The monthly amount of the premium in effect for a month
for a type of coverage under this section shall be as follows:
‘‘(A) For members eligible under paragraph (1) or (2) of
subsection (a), the amount equal to 50 percent of the total
amount determined by the Secretary on an appropriate actu-
arial basis as being reasonable for the coverage.
‘‘(B) For members eligible under paragraph (3) of subsection
(a), the amount equal to 85 percent of the total amount deter-
mined by the Secretary on an appropriate actuarial basis as
being reasonable for the coverage.
‘‘(3) In determining the amount of a premium under paragraph
(2), the Secretary shall use the same actuarial basis as used under
section 1076d of this title for determining the amount of premiums
under that section.
‘‘(4) The premiums payable by a member under this subsection
may be deducted and withheld from basic pay payable to the
member under section 204 of title 37 or from compensation payable
to the member under section 206 of such title. The Secretary shall
prescribe the requirements and procedures applicable to the pay-
ment of premiums by members.
‘‘(5) Amounts collected as premiums under this subsection shall
be credited to the appropriation available for the Defense Health
Program Account under section 1100 of this title, shall be merged
with sums in such Account that are available for the fiscal year
in which collected, and shall be available under subsection (b)
of such section for such fiscal year.
‘‘(f) OTHER CHARGES.—A person who receives health care pursu-
ant to an enrollment in TRICARE Standard under this section,
including a member who receives such health care, shall be subject
to the same deductibles, copayments, and other nonpremium
charges for health care as apply under this chapter for health
care provided under TRICARE Standard to dependents described
in subparagraph (A), (D), or (I) of section 1072(2) of this title.
‘‘(g) TERMINATION
OF ENROLLMENT.—(1) A member enrolled
in TRICARE Standard under this section may terminate the enroll-
ment only during an open enrollment period provided under sub-
section (c).
Procedures.
Applicability.
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‘‘(2) An enrollment of a member for self alone or for self and
family under this section shall terminate on the first day of the
first month beginning after the date on which the member ceases
to be eligible under subsection (a).
‘‘(3) The enrollment of a member under this section may be
terminated on the basis of failure to pay the premium charged
the member under this section.
‘‘(h) RELATIONSHIP TO TRANSITION TRICARE COVERAGE UPON
SEPARATION FROM ACTIVE DUTY.—A member is not eligible for
TRICARE Standard under this section while entitled to transitional
health care under subsection (a) of section 1145 of this title or
while authorized to receive health care under subsection (c) of
such section.
‘‘(i) NONCOVERAGE BY OTHER HEALTH BENEFITS PLAN.—(1) For
purposes of subsection (a)(2), a person shall be considered to be
not eligible for health care benefits under an employer-sponsored
health benefits plan only if the person—
‘‘(A) is employed by an employer that does not offer a
health benefits plan to anyone working for the employer;
‘‘(B) is in a category of employees to which the person’s
employer does not offer a health benefits plan, if such category
is designated by the employer based on hours, duties, employ-
ment agreement, or such other characteristic, other than mem-
bership in the Selected Reserve, as the regulations admin-
istering this section prescribe (such as part-time employees);
or
‘‘(C) is self-employed.
‘‘(2) The Secretary of Defense may require a member to submit
any certification that the Secretary considers appropriate to
substantiate the member’s assertion that the member is not eligible
for health care benefits under an employer-sponsored health bene-
fits plan.
‘‘(j) 
ELIGIBLE
UNEMPLOYMENT
COMPENSATION
RECIPIENT
DEFINED.—In this section, the term ‘eligible unemployment com-
pensation recipient’ means, with respect to any month, any indi-
vidual who is determined eligible for any day of such month for
unemployment compensation under State law (as defined in section
205(9) of the Federal-State Extended Unemployment Compensation
Act of 1970), including Federal unemployment compensation laws
administered through the State.
‘‘(k) TRICARE STANDARD DEFINED.—In this section, the term
‘TRICARE Standard’ has the meaning provided by section 1076d(f)
of this title.
‘‘(l) REGULATIONS.—The Secretary of Defense, in consultation
with the other administering Secretaries, shall prescribe regulations
for the administration of this section.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 55 of title 10, United States Code, is
amended by striking the item relating to section 1076b and
inserting the following:
‘‘1076b. TRICARE program: TRICARE Standard coverage for members of the Se-
lected Reserve.’’.
(b) EFFECTIVE DATE.—The Secretary of Defense shall ensure
that health care under TRICARE Standard is provided under sec-
tion 1076b of title 10, United States Code, as amended by this
section, beginning not later than October 1, 2006.
10 USC 1076b
note.
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Subtitle B—TRICARE Program
Improvements
SEC. 711. ADDITIONAL INFORMATION REQUIRED BY SURVEYS ON
TRICARE STANDARD.
Section 723(a) of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1532; 10 U.S.C.
1073 note) is amended by adding at the end the following new
paragraph:
‘‘(4) Surveys required by paragraph (1) shall include questions
seeking to determine from health care providers the following:
‘‘(A) Whether the provider is aware of the TRICARE pro-
gram.
‘‘(B) What percentage of the provider’s current patient
population uses any form of TRICARE.
‘‘(C) Whether the provider accepts patients for whom pay-
ment is made under the medicare program for health care
services.
‘‘(D) If the provider accepts patients referred to in subpara-
graph (C), whether the provider would accept additional such
patients who are not in the provider’s current patient popu-
lation.’’.
SEC. 712. AVAILABILITY OF CHIROPRACTIC HEALTH CARE SERVICES.
(a) AVAILABILITY OF CHIROPRACTIC HEALTH CARE SERVICES.—
The Secretary of the Air Force shall ensure that chiropractic health
care services are available at all medical treatment facilities listed
in table 5 of the report to Congress dated August 16, 2001, titled
‘‘Chiropractic Health Care Implementation Plan’’. If the Secretary
determines that it is not necessary or feasible to provide chiropractic
health care services at any such facility, the Secretary shall provide
such services at an alternative site for each such facility.
(b) IMPLEMENTATION AND REPORT.—Not later than September
30, 2006, the Secretary of the Air Force shall—
(1) implement subsection (a); and
(2) submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the avail-
ability of chiropractic health care services as required under
subsection (a), including information on alternative sites at
which such services have been made available.
SEC. 713. SURVIVING-DEPENDENT ELIGIBILITY UNDER TRICARE
DENTAL PLAN FOR SURVIVING SPOUSES WHO WERE ON
ACTIVE DUTY AT TIME OF DEATH OF MILITARY SPOUSE.
Section 1076a(k) of title 10, United States Code, is amended
to read as follows:
‘‘(k) ELIGIBLE DEPENDENT DEFINED.—(1) In this section, the
term ‘eligible dependent’ means a dependent described in subpara-
graph (A), (D), or (I) of section 1072(2) of this title.
‘‘(2) Such term includes any such dependent of a member who
dies while on active duty for a period of more than 30 days or
a member of the Ready Reserve if, on the date of the death of
the member, the dependent—
‘‘(A) is enrolled in a dental benefits plan established under
subsection (a); or
‘‘(B) if not enrolled in such a plan on such date—
10 USC 1092
note.
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‘‘(i) is not enrolled by reason of a discontinuance of
a former enrollment under subsection (f); or
‘‘(ii) is not qualified for such enrollment because—
‘‘(I) the dependent is a child under the minimum
age for such enrollment; or
‘‘(II) the dependent is a spouse who is a member
of the armed forces on active duty for a period of
more than 30 days.
‘‘(3) Such term does not include a dependent by reason of
paragraph (2) after the end of the three-year period beginning
on the date of the member’s death.’’.
SEC. 714. EXCEPTIONAL ELIGIBILITY FOR TRICARE PRIME REMOTE.
Section 1079(p) of title 10, United States Code, is amended—
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new para-
graph:
‘‘(4) The Secretary of Defense may provide for coverage of
a dependent referred to in subsection (a) who is not described
in paragraph (3) if the Secretary determines that exceptional cir-
cumstances warrant such coverage.’’.
SEC. 715. INCREASED PERIOD OF CONTINUED TRICARE PRIME COV-
ERAGE OF CHILDREN OF MEMBERS OF THE UNIFORMED
SERVICES WHO DIE WHILE SERVING ON ACTIVE DUTY
FOR A PERIOD OF MORE THAN 30 DAYS.
(a) PERIOD OF ELIGIBILITY.—Section 1079(g) of title 10, United
States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(g)’’;
(2) by striking the second sentence; and
(3) by adding at the end the following new paragraph:
‘‘(2) In addition to any continuation of eligibility for benefits
under paragraph (1), when a member dies while on active duty
for a period of more than 30 days, the member’s dependents who
are receiving benefits under a plan covered by subsection (a) shall
continue to be eligible for benefits under TRICARE Prime during
the three-year period beginning on the date of the member’s death,
except that, in the case of such a dependent of the deceased who
is described by subparagraph (D) or (I) of section 1072(2) of this
title, the period of continued eligibility shall be the longer of the
following periods beginning on such date:
‘‘(A) Three years.
‘‘(B) The period ending on the date on which such
dependent attains 21 years of age.
‘‘(C) In the case of such a dependent who, at 21 years
of age, is enrolled in a full-time course of study in a secondary
school or in a full-time course of study in an institution of
higher education approved by the administering Secretary and
was, at the time of the member’s death, in fact dependent
on the member for over one-half of such dependent’s support,
the period ending on the earlier of the following dates:
‘‘(i) The date on which such dependent ceases to pursue
such a course of study, as determined by the administering
Secretary.
‘‘(ii) The date on which such dependent attains 23
years of age.
‘‘(3) For the purposes of paragraph (2)(C), a dependent shall
be treated as being enrolled in a full-time course of study in an
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institution of higher education during any reasonable period of
transition between the dependent’s completion of a full-time course
of study in a secondary school and the commencement of an enroll-
ment in a full-time course of study in an institution of higher
education, as determined by the administering Secretary.
‘‘(4) The terms and conditions under which health benefits
are provided under this chapter to a dependent of a deceased
member under paragraph (2) shall be the same as those that
would apply to the dependent under this chapter if the member
were living and serving on active duty for a period of more than
30 days.
‘‘(5) In this subsection, the term ‘TRICARE Prime’ means the
managed care option of the TRICARE program.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on October 7, 2001, and shall apply with
respect to deaths occurring on or after that date.
SEC. 716. TRICARE STANDARD IN TRICARE REGIONAL OFFICES.
(a) RESPONSIBILITIES
OF TRICARE REGIONAL OFFICE.—The
responsibilities of each TRICARE Regional Office shall include the
monitoring, oversight, and improvement of the TRICARE Standard
option in the TRICARE region concerned, including—
(1) identifying health care providers who will participate
in the TRICARE program and provide the TRICARE Standard
option under that program;
(2) communicating with beneficiaries who receive the
TRICARE Standard option;
(3) outreach to community health care providers to encour-
age their participation in the TRICARE program; and
(4) publication of information that identifies health care
providers in the TRICARE region concerned who provide the
TRICARE Standard option.
(b) ANNUAL REPORT.—The Secretary of Defense shall submit
an annual report to the Committees on Armed Services of the
Senate and the House of Representatives on the monitoring, over-
sight, and improvement of TRICARE Standard activities of each
TRICARE Regional Office. The report shall include—
(1) a description of the activities of the TRICARE Regional
Office to monitor, oversee, and improve the TRICARE Standard
option;
(2) an assessment of the participation of eligible health
care providers in TRICARE Standard in each TRICARE region;
and
(3) a description of any problems or challenges that have
been identified by both providers and beneficiaries with respect
to use of the TRICARE Standard option and the actions under-
taken to address such problems or challenges.
(c) DEFINITION.—In this section, the term ‘‘TRICARE Standard’’
or ‘‘TRICARE standard option’’ means the Civilian Health and
Medical Program of the Uniformed Services option under the
TRICARE program.
SEC. 717. QUALIFICATIONS FOR INDIVIDUALS SERVING AS TRICARE
REGIONAL DIRECTORS.
(a) QUALIFICATIONS.—Effective as of the date of the enactment
of this Act, no individual may be selected to serve in the position
of Regional Director under the TRICARE program unless the indi-
vidual—
Effective date.
10 USC 1073
note.
10 USC 1073
note.
10 USC 1079
note.
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(1) is—
(A) an officer of the Armed Forces in a general or
flag officer grade;
(B) a civilian employee of the Department of Defense
in the Senior Executive Service; or
(C) a civilian employee of the Federal Government
in a department or agency other than the Department
of Defense, or a civilian working in the private sector,
who has experience in a position comparable to an officer
described in subparagraph (A) or a civilian employee
described in subparagraph (B); and
(2) has at least 10 years of experience, or equivalent exper-
tise or training, in the military health care system, managed
care, and health care policy and administration.
(b) TRICARE PROGRAM DEFINED.—In this section, the term
‘‘TRICARE program’’ has the meaning given such term in section
1072(7) of title 10, United States Code.
Subtitle C—Mental Health-Related
Provisions
SEC. 721. PROGRAM FOR MENTAL HEALTH AWARENESS FOR DEPEND-
ENTS AND PILOT PROJECT ON POST TRAUMATIC STRESS
DISORDER.
(a) PROGRAM ON MENTAL HEALTH AWARENESS.—
(1) REQUIREMENT.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
develop a program to improve awareness of the availability
of mental health services for, and warning signs about mental
health problems in, dependents of members of the Armed Forces
whose sponsor served or will serve in a combat theater during
the previous or next 60 days.
(2) MATTERS
COVERED.—The program developed under
paragraph (1) shall be designed to—
(A) increase awareness of mental health services avail-
able to dependents of members of the Armed Forces on
active duty;
(B) increase awareness of mental health services avail-
able to dependents of Reservists and National Guard mem-
bers whose sponsors have been activated; and
(C) increase awareness of mental health issues that
may arise in dependents referred to in subparagraphs (A)
and (B) whose sponsor is deployed to a combat theater.
(3) COORDINATION.—The Secretary may permit the Depart-
ment of Defense to coordinate the program developed under
paragraph (1) with an accredited college, university, hospital-
based, or community-based mental health center or engage
mental health professionals to develop programs to help imple-
ment this section.
(4) AVAILABILITY
IN
OTHER
LANGUAGES.—The Secretary
shall evaluate whether the effectiveness of the program devel-
oped under paragraph (1) would be improved by providing
materials in languages other than English and take action
accordingly
(5) REPORT.—Not later than one year after implementation
of the program developed under paragraph (1), the Secretary
Deadline.
10 USC 1077
note.
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shall submit to Congress a report on the effectiveness of the
program, including the extent to which the program is used
by low-English-proficient individuals.
(b) PILOT PROJECT ON POST TRAUMATIC STRESS DISORDER.—
(1) REQUIREMENT.—The Secretary of Defense shall carry
out a pilot project to evaluate the efficacy of various approaches
to improving the capability of the military and civilian health
care systems to provide early diagnosis and treatment of post
traumatic stress disorder (PTSD) and other mental health
conditions.
(2) INTERNET-BASED DIAGNOSIS AND TREATMENT.—The pilot
project shall be designed to evaluate—
(A) Internet-based automated tools available to mili-
tary and civilian health care providers for the early diag-
nosis and treatment of post traumatic stress disorder, and
for tracking patients who suffer from post traumatic stress
disorder; and
(B) Internet-based tools available to family members
of members of the Armed Forces in order to assist such
family members in the identification of the emergence of
post traumatic stress disorder.
(3) REPORT.—Not later than June 1, 2006, the Secretary
shall submit to the congressional defense committees a report
on the pilot project. The report shall include a description
of the pilot project, including the location of the pilot project
and the scope and objectives of the pilot project.
SEC. 722. PILOT PROJECTS ON EARLY DIAGNOSIS AND TREATMENT
OF POST TRAUMATIC STRESS DISORDER AND OTHER
MENTAL HEALTH CONDITIONS.
(a) PILOT PROJECTS REQUIRED.—The Secretary of Defense may
carry out pilot projects to evaluate the efficacy of various approaches
to improving the capability of the military and civilian health
care systems to provide early diagnosis and treatment of post trau-
matic stress disorder (PTSD) and other mental health conditions.
(b) PILOT PROJECT REQUIREMENTS.—
(1) MOBILIZATION-DEMOBILIZATION FACILITY.—
(A) IN GENERAL.—A pilot project under subsection (a)
may be carried out at a military medical facility at a
large military installation at which the mobilization or
demobilization of members of the Armed Forces occurs.
(B) ELEMENTS.—The pilot project under this paragraph
shall be designed to evaluate and produce effective diag-
nostic and treatment approaches for use by primary care
providers in the military health care system in order to
improve the capability of such providers to diagnose and
treat post traumatic stress disorder in a manner that avoids
the referral of patients to specialty care by a psychiatrist
or other mental health professional.
(2) NATIONAL GUARD OR RESERVE FACILITY.—
(A) IN GENERAL.—A pilot project under subsection (a)
may be carried out at the location of a National Guard
or Reserve unit or units that are located more than 40
miles from a military medical facility and whose personnel
are served primarily by civilian community health
resources.
10 USC 1074
note.
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(B) ELEMENTS.—The pilot project under this paragraph
shall be designed—
(i) to evaluate approaches for providing evidence-
based clinical information on post traumatic stress dis-
order to civilian primary care providers; and
(ii) to develop educational materials and other tools
for use by members of the National Guard or Reserve
who come into contact with other members of the
National Guard or Reserve who may suffer from post
traumatic stress disorder in order to encourage and
facilitate early reporting and referral for treatment.
(c) REPORT.—Not later than September 1, 2006, the Secretary
shall submit to the congressional defense committees a report on
the progress toward identifying pilot projects to be carried out
under this section. To the extent possible the report shall include
a description of each such pilot project, including the location of
the pilot projects under paragraphs (1) and (2) of subsection (b),
and the scope and objectives of each such pilot project.
SEC. 723. DEPARTMENT OF DEFENSE TASK FORCE ON MENTAL
HEALTH.
(a) REQUIREMENT
TO ESTABLISH.—The Secretary of Defense
shall establish within the Department of Defense a task force
to examine matters relating to mental health and the Armed Forces.
(b) COMPOSITION.—
(1) MEMBERS.—The task force shall consist of not more
than 14 members appointed by the Secretary of Defense from
among individuals described in paragraph (2) who have dem-
onstrated expertise in the area of mental health.
(2) RANGE OF MEMBERS.—The individuals appointed to the
task force shall include—
(A) at least one member of each of the Army, Navy,
Air Force, and Marine Corps;
(B) a number of persons from outside the Department
of Defense equal to the total number of personnel from
within the Department of Defense (whether members of
the Armed Forces or civilian personnel) who are appointed
to the task force;
(C) persons who have experience in—
(i) national mental health policy;
(ii) military personnel policy;
(iii) research in the field of mental health;
(iv) clinical care in mental health; or
(v) military chaplain or pastoral care; and
(D) at least one family member of a member of the
Armed Forces who has experience working with military
families.
(3) 
INDIVIDUALS
APPOINTED
WITHIN
DEPARTMENT
OF
DEFENSE.—At least one of the individuals appointed to the
task force from within the Department of Defense shall be
the surgeon general of an Armed Force.
(4) INDIVIDUALS
APPOINTED
OUTSIDE
DEPARTMENT
OF
DEFENSE.—(A) Individuals appointed to the task force from
outside the Department of Defense may include officers or
employees of other departments or agencies of the Federal
Government, officers or employees of State and local govern-
ments, or individuals from the private sector.
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(B) The individuals appointed to the task force from outside
the Department of Defense shall include—
(i) an officer or employee of the Department of Veterans
Affairs; and
(ii) an officer or employee of the Substance Abuse
and Mental Health Services Administration of the Depart-
ment of Health and Human Services.
(5) DEADLINE
FOR
APPOINTMENT.—All appointments of
individuals to the task force shall be made not later than
90 days after the date of the enactment of this Act.
(6) CO-CHAIRS
OF
TASK
FORCE.—There shall be two co-
chairs of the task force. One of the co-chairs shall be designated
by the Secretary of the Defense at the time of appointment
from among the Department of Defense personnel appointed
to the task force. The other co-chair shall be selected from
among the members appointed from outside the Department
of Defense by members so appointed.
(c) ASSESSMENT AND RECOMMENDATIONS ON MENTAL HEALTH
SERVICES.—
(1) IN GENERAL.—Not later than 12 months after the date
on which all members of the task force have been appointed,
the task force shall submit to the Secretary a report containing
an assessment of, and recommendations for improving, the
efficacy of mental health services provided to members of the
Armed Forces by the Department of Defense.
(2) UTILIZATION
OF
OTHER
EFFORTS.—In preparing the
report, the task force shall take into consideration completed
and ongoing efforts by the Department of Defense and the
Department of Veterans Affairs to improve the efficacy of
mental health care provided to members of the Armed Forces
by the Departments.
(3) ELEMENTS.—The assessment and recommendations
(including recommendations for legislative or administrative
action) shall include measures to improve the following:
(A) The awareness of the potential for mental health
conditions among members of the Armed Forces.
(B) The access to and efficacy of existing programs
in primary care and mental health care to prevent, identify,
and treat mental health conditions among members of the
Armed Forces, including programs for and with respect
to forward-deployed troops.
(C) Identification and means to evaluate the effective-
ness of pilot projects authorized by section 722 with the
objective of improving early diagnosis and treatment of
post traumatic stress disorder and other mental health
conditions.
(D) The access to and programs for family members
of members of the Armed Forces, including family members
overseas.
(E) The reduction or elimination of barriers to care,
including the stigma associated with seeking help for
mental health related conditions, and the enhancement
of confidentiality for members of the Armed Forces seeking
care for such conditions.
(F) The awareness of mental health services available
to dependents of members of the Armed Forces whose
Deadline.
Reports.
Designation.
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119 STAT. 3350
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sponsors have been activated or deployed to a combat the-
ater.
(G) The adequacy of outreach, education, and support
programs on mental health matters for families of members
of the Armed Forces.
(H) The early identification and treatment of mental
health and substance abuse problems through the use of
internal mass media communications (including radio and
television) and other education tools to change attitudes
within the Armed Forces regarding mental health and sub-
stance abuse treatment.
(I) The efficacy of programs and mechanisms for
ensuring a seamless transition from care of members of
the Armed Forces on active duty for mental health condi-
tions through the Department of Defense to care for such
conditions through the Department of Veterans Affairs
after such members are discharged or released from mili-
tary, naval, or air service.
(J) The availability of long-term follow-up and access
to care for mental health conditions for members of the
Individual Ready Reserve and the Selective Reserve and
for discharged, separated, or retired members of the Armed
Forces.
(K) Collaboration among organizations in the Depart-
ment of Defense with responsibility for or jurisdiction over
the provision of mental health services.
(L) Coordination between the Department of Defense
and civilian communities, including local support organiza-
tions, with respect to mental health services.
(M) The scope and efficacy of curricula and training
on mental health matters for commanders in the Armed
Forces.
(N) The efficiency of pre- and post-deployment mental
health screening, including mental health screenings for
members of the Armed Forces who have experienced mul-
tiple deployments.
(O) The effectiveness of mental health programs pro-
vided in languages other than English.
(P) Such other matters as the task force considers
appropriate.
(d) ADMINISTRATIVE MATTERS.—
(1) COMPENSATION.—Each member of the task force who
is a member of the Armed Forces or a civilian officer or
employee of the United States shall serve without compensation
(other than compensation to which entitled as a member of
the Armed Forces or an officer or employee of the United
States, as the case may be). Other members of the task force
shall be treated for purposes of section 3161 of title 5, United
States Code, as having been appointed under subsection (b)
of such section.
(2) OVERSIGHT.—The Under Secretary of Defense for Per-
sonnel and Readiness shall oversee the activities of the task
force.
(3) ADMINISTRATIVE
SUPPORT.—The Washington Head-
quarters Services of the Department of Defense shall provide
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the task force with personnel, facilities, and other administra-
tive support as necessary for the performance of the duties
of the task force.
(4) ACCESS TO FACILITIES.—The Under Secretary of Defense
for Personnel and Readiness shall, in coordination with the
Secretaries of the military departments, ensure appropriate
access by the task force to military installations and facilities
for purposes of the discharge of the duties of the task force.
(e) REPORT.—
(1) IN GENERAL.—The task force shall submit to the Sec-
retary of Defense a report on its activities under this section.
The report shall include—
(A) a description of the activities of the task force;
(B) the assessment and recommendations required by
subsection (c); and
(C) such other matters relating to the activities of
the task force that the task force considers appropriate.
(2) TRANSMITTAL TO CONGRESS.—Not later than 90 days
after receipt of the report under paragraph (1), the Secretary
shall transmit the report to the Committees on Armed Services
and Veterans’ Affairs of the Senate and the House of Represent-
atives. The Secretary may include in the transmittal such com-
ments on the report as the Secretary considers appropriate.
(f) PLAN REQUIRED.—Not later than 6 months after receipt
of the report from the task force under subsection (e)(1), the Sec-
retary of Defense shall develop a plan based on the recommenda-
tions of the task force and submit the plan to the congressional
defense committees.
(g) TERMINATION.—The task force shall terminate 90 days after
the date on which the report of the task force is submitted to
Congress under subsection (e)(2).
Subtitle D—Studies and Reports
SEC. 
731. 
STUDY 
RELATING 
TO 
PREDEPLOYMENT 
AND
POSTDEPLOYMENT MEDICAL EXAMS OF CERTAIN MEM-
BERS OF THE ARMED FORCES.
(a) STUDY.—The Secretary of Defense shall conduct a study
of the effectiveness of self-administered surveys included in
predeployment and postdeployment medical exams, including the
mental health portion of the surveys, of members of the Armed
Forces that are carried out as part of the medical tracking system
required under section 1074f of title 10, United States Code.
(b) REPORT.—Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees
on Armed Services of the Senate and the House of Representatives
a report on the study conducted under subsection (a).
SEC. 732. REQUIREMENTS FOR PHYSICAL EXAMINATIONS AND MED-
ICAL AND DENTAL READINESS FOR MEMBERS OF THE
SELECTED RESERVE NOT ON ACTIVE DUTY.
(a) IN GENERAL.—Subsection (a) of section 10206 of title 10,
United States Code, is amended—
(1) by amending paragraph (1) to read as follows:
‘‘(1) have a comprehensive medical readiness health and
dental assessment on an annual basis, including routine annual
Deadline.
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preventive health care screening and periodic comprehensive
physical examinations in accordance with regulations pre-
scribed by the Secretary of Defense that reflect morbidity and
mortality risks associated with the military service, age, and
gender of the member; and’’; and
(2) in paragraph (2), by striking ‘‘annually to the Secretary
concerned’’ and all that follows and inserting ‘‘to the Secretary
concerned on an annual basis documentation of the medical
and dental readiness of the member to perform military
duties.’’.
(b) CONFORMING AMENDMENT.—The heading of such section
is amended by striking ‘‘periodic’’.
(c) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 1007 of such title is amended in the item relating
to section 10206 by striking ‘‘periodic’’.
SEC. 733. REPORT ON DELIVERY OF HEALTH CARE BENEFITS
THROUGH THE MILITARY HEALTH CARE SYSTEM.
(a) REPORT REQUIRED.—Not later than February 1, 2007, the
Secretary of Defense shall submit to the congressional defense
committees a report on the delivery of health care benefits through
the military health care system.
(b) ELEMENTS.—The report under subsection (a) shall include
the following:
(1) An analysis of the organization and costs of delivering
health care benefits to current and retired members of the
Armed Forces and their families.
(2) An analysis of the costs of ensuring medical readiness
throughout the Armed Forces in support of national security
objectives.
(3) An assessment of the role of health benefits in the
recruitment and retention of members of the Armed Forces,
whether in the regular components or the reserve components
of the Armed Forces.
(4) An assessment of the experience of the military depart-
ments during fiscal years 2003, 2004, and 2005 in recruitment
and retention of military and civilian medical and dental per-
sonnel, whether in the regular components or the reserve
components of the Armed Forces, in light of military and
civilian medical manpower requirements.
(5) A description of requirements for graduate medical edu-
cation for military medical care providers and options for
meeting such requirements, including civilian medical training
programs.
(c) RECOMMENDATIONS.—In addition to the matters specified
in subsection (b), the report under subsection (a) shall also include
such recommendations for legislative or administrative action as
the Secretary considers necessary to improve efficiency and quality
in the provision of health care benefits through the military health
care system, including recommendations on—
(1) the organization and delivery of health care benefits;
(2) mechanisms required to measure costs more accurately;
(3) mechanisms required to measure quality of care, and
access to care, more accurately;
(4) Department of Defense participation in the Medicare
Advantage Program, formerly Medicare plus Choice;
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(5) the use of flexible spending accounts and health savings
accounts for military retirees under the age of 65;
(6) incentives for eligible beneficiaries of the military health
care system to retain private employer-provided health care
insurance;
(7) means of improving integrated systems of disease
management, including chronic illness management;
(8) means of improving the safety and efficiency of phar-
macy benefits management;
(9) the management of enrollment options for categories
of eligible beneficiaries in the military health care system;
(10) reform of the provider payment system, including the
potential for use of a pay-for-performance system in order to
reward quality and efficiency in the TRICARE system;
(11) means of improving efficiency in the administration
of the TRICARE program, to include the reduction of head-
quarters and redundant management layers, and maximizing
efficiency in the claims processing system;
(12) other improvements in the efficiency of the military
health care system; and
(13) any other matters the Secretary considers appropriate
to improve the efficiency and quality of military health care
benefits.
SEC. 734. COMPTROLLER GENERAL STUDIES AND REPORT ON DIF-
FERENTIAL PAYMENTS TO CHILDREN’S HOSPITALS FOR
HEALTH CARE FOR CHILDREN DEPENDENTS AND MAX-
IMUM ALLOWABLE CHARGE FOR OBSTETRICAL CARE
SERVICES UNDER TRICARE.
(a) STUDIES REQUIRED.—The Comptroller General of the United
States shall conduct the following studies:
(1) A study of the effectiveness of the current system of
differential payments to children’s hospitals for health care
services for dependent children of members of the uniformed
services under the TRICARE program in achieving the objective
of securing adequate health care services for such dependent
children under that program.
(2) A study of the effectiveness of the TRICARE program
in achieving the objective of adequate access to high quality
obstetrical care services for family members of members of
the uniformed services.
(b) ELEMENTS OF CHILDREN’S HOSPITALS STUDY.—The study
required by subsection (a)(1) shall include the following:
(1) A description of the current participation of children’s
hospitals in the TRICARE program.
(2) An assessment of the current system of payments to
children’s hospitals under the TRICARE program, including
differential payments to such hospitals for health care services
described in subsection (a)(1), including an assessment of—
(A) the extent to which the calculation of such differen-
tial payments takes into account the complexity and
extraordinary resources required for the provision of such
health care services;
(B) the extent to which TRICARE payment rates,
including the children’s hospital differential, have kept pace
with inflation in health care costs for children’s hospitals
since the establishment of the differential in 1988;
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(C) the extent to which such differential payments
provide appropriate compensation to such hospitals for the
provision of such services; and
(D) any obstacles or challenges to the development
of future modifications to the system of differential pay-
ments.
(3) An assessment of the adequacy of, including any barrier
to, the access of dependent children described in subsection
(a)(1) to specialized hospital services for their illnesses under
the TRICARE program.
(c) ELEMENTS OF OBSTETRICAL CARE SERVICES STUDY.—The
study required by subsection (a)(2) shall include the following:
(1) A description of the current participation of civilian
providers of obstetrical care services in the TRICARE program.
(2) An assessment of the current system of payments for
obstetrical care services, including an assessment of—
(A) the extent to which the calculation of such pay-
ments takes into account the complexity and resources
required;
(B) the extent to which TRICARE payment rates have
kept pace with inflation in health care costs;
(C) the extent to which such payments provide appro-
priate compensation to providers of such services; and
(D) obstacles or challenges to the development of future
improvements to access to high quality obstetrical services,
including referral patterns and inclusion of all necessary
services within the maximum allowable charge.
(3) An assessment of the adequacy of the access of military
family members to needed obstetrical care services.
(d) REPORT.—Not later than May 1, 2006, the Comptroller
General shall submit to the Secretary of Defense and the congres-
sional defense committees a report on the studies required by
subsection (a), together with such recommendations, if any, as
the Comptroller General considers appropriate for modifications
of the current system of differential payments to children’s hospitals
and payments for obstetrical care services in order to achieve the
objectives described in that subsection.
(e) TRANSMITTAL TO CONGRESS.—
(1) IN GENERAL.—Not later than November 1, 2006, the
Secretary of Defense shall transmit to the congressional defense
committees the report submitted by the Comptroller General
to the Secretary under subsection (d).
(2) IMPLEMENTATION
OF
MODIFICATIONS.—If the report
under paragraph (1) includes recommendations of the Comp-
troller General for modifications of the current system of dif-
ferential payments to children’s hospitals or of payments for
obstetrical care services, the Secretary shall transmit with the
report—
(A) a proposal for such legislative or administration
action as may be required to implement such modifications;
and
(B) an assessment and estimate of the costs associated
with the implementation of such modifications.
(f) DEFINITIONS.—In this section:
(1) DIFFERENTIAL PAYMENTS TO CHILDREN’S HOSPITALS.—
The term ‘‘differential payments to children’s hospitals’’ means
the additional amounts paid to children’s hospitals under the
Deadline.
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TRICARE program for health care procedures for severely ill
children in order to take into account the additional costs
associated with such procedures for such children when com-
pared with the costs associated with such procedures for adults
and other children.
(2) PAYMENTS
FOR
OBSTETRICAL
CARE.—The term ‘‘pay-
ments for obstetrical care services’’ means the maximum allow-
able payment rates established by the Department of Defense
under the TRICARE program for routine obstetrical care,
including prenatal care, laboratory tests in accordance with
accepted obstetrical practices standards, specialty care if
needed, delivery, and post-partum maternal care.
(3) TRICARE PROGRAM.—The term ‘‘TRICARE program’’ has
the meaning given that term in section 1072(7) of title 10,
United States Code.
SEC. 735. REPORT ON THE DEPARTMENT OF DEFENSE AHLTA GLOBAL
ELECTRONIC HEALTH RECORD SYSTEM.
(a) REPORT REQUIRED.—Not later than six months after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the appropriate committees of Congress a report on
the Department of Defense AHLTA global electronic health record
system.
(b) REPORT ELEMENTS.—The report under subsection (a) shall
include the following:
(1) A chronology and description of previous efforts under-
taken to develop an electronic medical records system capable
of maintaining a two-way exchange of data between the Depart-
ment of Defense and the Department of Veterans Affairs.
(2) The plans as of the date of the report, including any
projected commencement dates, for the implementation of the
AHLTA global electronic health record system.
(3) A description of the software and hardware being consid-
ered as of the date of the report for use in the AHLTA global
electronic health record system.
(4) A description of the management structure used in
the development of the AHLTA global electronic health record
system.
(5) A description of the accountability measures utilized
during the development of the AHLTA global electronic health
record system in order to evaluate progress made in the
development of that system.
(6) The schedule for the remaining development of the
AHLTA global electronic health record system.
(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committees on Armed Services, Appropriations,
Veterans’ Affairs, and Health, Education, Labor, and Pensions
of the Senate; and
(2) the Committees on Armed Services, Appropriations,
Veterans’ Affairs, and Energy and Commerce of the House
of Representatives.
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SEC. 736. COMPTROLLER GENERAL STUDY AND REPORT ON VACCINE
HEALTHCARE CENTERS.
(a) STUDY REQUIRED.—The Comptroller General shall conduct
a study of the Vaccine Healthcare Centers operated by the Depart-
ment of Defense in support of medical needs arising from mandatory
military vaccinations.
(b) ELEMENTS.—In conducting the study under subsection (a),
the Comptroller General shall examine the following:
(1) The mission of each Center.
(2) The adequacy of resources available to support the
mission of each Center and the source of those resources from
within the Department of Defense.
(3) The extent of participation and support of the Centers
by each of the Armed Forces.
(4) The effectiveness of the Centers in supporting the med-
ical needs of members of the Armed Forces arising from manda-
tory military vaccinations.
(5) The effectiveness of the Centers in providing assistance
to military and civilian healthcare providers based on outreach
to and response to inquiries from providers.
(6) The extent to which the Centers are conducting evalua-
tions to identify and treat potential and actual health effects
from vaccines.
(7) The extent to which the Centers take advantage of
and are linked to vaccine health resources outside the Depart-
ment of Defense.
(8) The extent to which the Centers are involved in out-
reach to military and civilian healthcare providers relating
to vaccine safety, efficiency, and acceptability.
(9) The extent to which similar activities conducted by
the Centers are conducted in governmental or nongovernmental
agencies outside the Department of Defense.
(c) RECOMMENDATIONS.—The Comptroller General shall submit
to Congress a report containing findings and recommendations not
later than May 30, 2006, including recommendations on ways to
improve the ability of the Department of Defense to understand
and support medical needs arising from mandatory military vaccina-
tions and the extent to which the Department of Defense requires
the Vaccine Healthcare Centers to continue in their current configu-
ration.
SEC. 737. REPORT ON ADVERSE HEALTH EVENTS ASSOCIATED WITH
USE OF ANTI-MALARIAL DRUGS.
(a) STUDY REQUIRED.—The Secretary of Defense shall conduct
a study of adverse health events that may be associated with
use of anti-malarial drugs, including mefloquine.
(b) MATTERS COVERED.—The study required by subsection (a)
shall include a comparison of adverse health (including mental
health) events that may be associated with different anti-malarial
drugs, including mefloquine.
(c) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the congres-
sional defense committees a report on the study required by sub-
section (a).
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SEC. 738. REPORT ON RESERVE DENTAL INSURANCE PROGRAM.
(a) STUDY.—The Secretary of Defense shall conduct a study
of the Reserve dental insurance program.
(b) ELEMENTS.—The study required by subsection (a) shall—
(1) identify the most effective mechanism or mechanisms
for the payment of premiums under the Reserve dental insur-
ance program for members of the reserve components of the
Armed Forces and their dependents, including by deduction
from reserve pay, by direct collection, or by other means
(including appropriate mechanisms from other military benefits
programs), to ensure uninterrupted availability of premium
payments regardless of whether members are performing active
duty with pay or inactive-duty training with pay;
(2) include such matters relating to the Reserve dental
insurance program as the Secretary considers appropriate; and
(3) assess the effectiveness of mechanisms for informing
the members of the reserve components of the Armed Forces
of the availability of, and benefits under, the Reserve dental
insurance program.
(c) REPORT.—Not later than February 1, 2007, the Secretary
shall submit to the congressional defense committees a report on
the study required by subsection (a). The report shall include the
findings of the study and such recommendations for legislative
or administrative action regarding the Reserve dental insurance
program as the Secretary considers appropriate in light of the
study.
(d) RESERVE DENTAL INSURANCE PROGRAM DEFINED.—In this
section, the term ‘‘Reserve dental insurance program’’ includes—
(1) the dental insurance plan required under paragraph
(1) of section 1076a(a) of title 10, United States Code; and
(2) any dental insurance plan established under paragraph
(2) or (4) of section 1076a(a) of title 10, United States Code.
SEC. 739. DEMONSTRATION PROJECT STUDY ON MEDICARE ADVAN-
TAGE REGIONAL PREFERRED PROVIDER ORGANIZATION
OPTION FOR TRICARE-MEDICARE DUAL-ELIGIBLE BENE-
FICIARIES.
(a) STUDY ON DEMONSTRATION PROJECT.—
(1) REQUIREMENT.—The Secretary of Defense shall conduct
a study to evaluate the feasibility and cost effectiveness of
conducting a demonstration project under section 1092 of title
10, United States Code, to implement the provisions of section
1097(d) of such title. The purpose of such a demonstration
project would be to evaluate whether applying the managed
care methods under the Medicare Advantage program under
part C of title XVIII of the Social Security Act would improve
the quality of care, realize cost savings to the Department
of Defense, and improve beneficiary satisfaction for Department
of Defense beneficiaries who also are entitled to health care
under medicare.
(2) ELEMENTS OF STUDY.—The study required by paragraph
(1) shall include an analysis of the following:
(A) The impact of the Medicare Advantage Regional
Preferred Provider Organization model on medical utiliza-
tion, pharmacy usage, and Department of Defense health
care costs.
(B) The full costs of the demonstration project.
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(C) The implementation and use of quality improve-
ment and chronic care improvement programs for Depart-
ment of Defense beneficiaries.
(D) Beneficiary satisfaction.
(E) The near term and long term effect on all existing
Department of Defense contracts for health care support,
including TRICARE managed care contracts, claims proc-
essing contracts, and pharmacy contracts.
(F) A comparison of the costs and benefits of using
existing Department of Defense contractors or new Depart-
ment of Defense contractors who are qualified as the vehicle
for conducting the demonstration.
(b) PLAN.—
(1) REQUIREMENT.—If the Secretary of Defense determines
under subsection (a) that the demonstration project is feasible,
cost effective, and in the best interests of the Department
of Defense and eligible beneficiaries, the Secretary, in coordina-
tion with other administering Secretaries, shall develop a plan
to carry out the demonstration project.
(2) ELEMENTS OF PLAN.—
(A) HEALTH CARE BENEFITS.—In the plan, the Secretary
of Defense shall prescribe the minimum health care bene-
fits to be provided under the plan to eligible beneficiaries
enrolled in the plan. Those benefits shall include at least
all health care services covered under part A and part
B of medicare and TRICARE for Life.
(B) DEMONSTRATION SERVICE AREA.—In the plan, the
Secretary shall provide for conducting the demonstration
in at least two demonstration service areas.
(C) ELIGIBILITY.—In the plan, the Secretary shall pro-
vide that any eligible beneficiary who meets the eligibility
requirements for participation in the Medicare Advantage
Regional Preferred Provider Organization plan who resides
in the demonstration service area is eligible to enroll in
the demonstration on a voluntary basis.
(D) DURATION.—In the plan, the Secretary shall pro-
vide for conducting the demonstration for a period of time
consistent with decisions made by the Department of
Defense to exercise remaining option periods on the man-
aged care support contract covering the area where the
demonstration occurs.
(E) EVALUATION OF THE DEMONSTRATION PROJECT.—
The plan shall include a plan to evaluate the costs and
benefits of all elements of the demonstration project,
including the elements described in subsection (a)(2) and,
in addition, the financial mechanisms used in carrying
out the demonstration project.
(c) DEFINITIONS.—In this section:
(1) ELIGIBLE BENEFICIARY.—The term ‘‘eligible beneficiary’’
means a person who is eligible for both TRICARE and medicare
under section 1086(d)(2) of title 10, United States Code.
(2) MEDICARE.—The term ‘‘medicare’’ means title XVIII
of the Social Security Act (42 U.S.C. 1395 et seq.).
(3) ADMINISTERING SECRETARIES.—The term ‘‘administering
Secretaries’’ has the meaning provided by section 1072(3) of
title 10, United States Code.
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(d) REPORT.—Not later than April 1, 2006, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report on the study
required under subsection (a), along with the plan under subsection
(b) if applicable.
SEC. 740. PILOT PROJECTS ON PEDIATRIC EARLY LITERACY AMONG
CHILDREN OF MEMBERS OF THE ARMED FORCES.
(a) PILOT PROJECTS AUTHORIZED.—The Secretary of Defense
may conduct pilot projects to assess the feasibility, advisability,
and utility of encouraging pediatric early literacy among the chil-
dren of members of the Armed Forces.
(b) LOCATIONS.—
(1) IN GENERAL.—The pilot projects conducted under sub-
section (a) shall be conducted at not more than 20 military
medical treatment facilities designated by the Secretary for
purposes of this section.
(2) CO-LOCATION WITH CERTAIN INSTALLATIONS.—In desig-
nating military medical treatment facilities under paragraph
(1), the Secretary shall, to the extent practicable, designate
facilities that are located on, or co-located with, military
installations at which the mobilization or demobilization of
members of the Armed Forces occurs.
(c) ACTIVITIES.—Activities under the pilot projects conducted
under subsection (a) shall the following:
(1) The provision of training to health care providers and
other appropriate personnel on early literacy promotion.
(2) The purchase and distribution of children’s books to
members of the Armed Forces, their spouses, and their children.
(3) The modification of treatment facility and clinic waiting
rooms to include a full selection of literature for children.
(4) The dissemination to members of the Armed Forces
and their spouses of parent education materials on pediatric
early literacy.
(5) Such other activities as the Secretary considers appro-
priate.
(d) REPORT.—
(1) IN GENERAL.—Not later than March 1, 2007, the Sec-
retary shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives a report on the pilot projects conducted
under this section.
(2) ELEMENTS.—The report under paragraph (1) shall
include—
(A) a description of the pilot projects conducted under
this section, including the location of each pilot project
and the activities conducted under each pilot project; and
(B) an assessment of the feasibility, advisability, and
utility of encouraging pediatric early literacy among the
children of members of the Armed Forces.
10 USC 1073
note.
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Subtitle E—Other Matters
SEC. 741. AUTHORITY TO RELOCATE PATIENT SAFETY CENTER;
RENAMING MEDTEAMS PROGRAM.
(a) REPEAL OF REQUIREMENT TO LOCATE THE DEPARTMENT OF
DEFENSE PATIENT SAFETY CENTER WITHIN
THE ARMED FORCES
INSTITUTE OF PATHOLOGY.—Subsection (c)(3) of section 754 of the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted by Public Law 106–398; 114 Stat. 1654–
196) is amended by striking ‘‘within the Armed Forces Institute
of Pathology’’.
(b) RENAMING MEDTEAMS PROGRAM.—Subsection (d) of such
section is amended by striking ‘‘MedTeams’’ in the heading and
inserting ‘‘Medical Team Training’’.
SEC. 742. MODIFICATION OF HEALTH CARE QUALITY INFORMATION
AND 
TECHNOLOGY 
ENHANCEMENT 
REPORTING
REQUIREMENT.
Section 723(e) of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106–65; 113 Stat. 697) is amended
by striking paragraphs (1) through (4) and inserting the following:
‘‘(1) Measures of the quality of health care furnished,
including timeliness and accessibility of care.
‘‘(2) Population health.
‘‘(3) Patient safety.
‘‘(4) Patient satisfaction.
‘‘(5) The extent of use of evidence-based health care prac-
tices.
‘‘(6) The effectiveness of biosurveillance in detecting an
emerging epidemic.’’.
SEC. 743. CORRECTION TO ELIGIBILITY OF CERTAIN RESERVE OFFI-
CERS FOR MILITARY HEALTH CARE PENDING ACTIVE
DUTY FOLLOWING COMMISSIONING.
(a) CORRECTION.—Clause (iii) of section 1074(a)(2)(B) of title
10, United States Code, is amended by inserting before the semi-
colon the following: ‘‘or the orders have been issued but the member
has not entered active duty’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect as of November 24, 2003, and as if included
in the enactment of paragraph (2) of section 1074(a) of title 10,
United States Code, by section 708 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117
Stat. 1530).
SEC. 744. PROHIBITION ON CONVERSIONS OF MILITARY MEDICAL AND
DENTAL POSITIONS TO CIVILIAN MEDICAL POSITIONS
UNTIL SUBMISSION OF CERTIFICATION.
(a) PROHIBITION ON CONVERSIONS.—
(1) SUBMISSION OF CERTIFICATION.—A Secretary of a mili-
tary department may not convert any military medical or dental
position to a civilian medical or dental position until the Sec-
retary submits to the Committees on Armed Services of the
Senate and the House of Representatives a certification that
the conversions within that department will not increase cost
or decrease quality of care or access to care. Such a certification
may not be submitted before June 1, 2006.
Effective date.
10 USC 129c
note.
10 USC 1074
note.
10 USC 1071
note.
10 USC 1071
note.
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(2) REPORT WITH CERTIFICATION.—A Secretary submitting
such a certification shall include with the certification a written
report that includes—
(A) the methodology used by the Secretary in making
the determinations necessary for the certification, including
the extent to which the Secretary took into consideration
the findings of the Comptroller General in the report under
subsection (b)(3);
(B) the results of a market survey in each affected
area of the availability of civilian medical and dental care
providers in such area in order to determine whether the
civilian medical and dental care providers available in such
area are adequate to fill the civilian positions created by
the conversion of military medical and dental positions
to civilian positions in such area; and
(C) any action taken by the Secretary in response
to recommendations in the Comptroller General report
under subsection (b)(3).
(b) REQUIREMENT FOR STUDY.—
(1) IN GENERAL.—The Comptroller General shall conduct
a study on the effect of conversions of military medical and
dental positions to civilian medical or dental positions on the
defense health program.
(2) MATTERS COVERED.—The study shall include the fol-
lowing:
(A) The number of military medical and dental posi-
tions, by grade and specialty, planned for conversion to
civilian medical or dental positions.
(B) The number of military medical and dental posi-
tions, by grade and specialty, converted to civilian medical
or dental positions since October 1, 2004.
(C) The ability of the military health care system to
fill the civilian medical and dental positions required, by
specialty.
(D) The degree to which access to health care is affected
in both the direct and purchased care system, including
an assessment of the effects of any increased shifts in
patient load from the direct care to the purchased care
system, or any delays in receipt of care in either the direct
or purchased care system because of lack of direct care
providers.
(E) The degree to which changes in military manpower
requirements affect recruiting and retention of uniformed
medical and dental personnel.
(F) The degree to which conversion of the military
positions meets the joint medical and dental readiness
requirements of the uniformed services, as determined
jointly by all the uniformed services.
(G) The effect of the conversions of military medical
positions to civilian medical and dental positions on the
defense health program, including costs associated with
the conversions, with a comparison of the estimated costs
versus the actual costs incurred by the number of conver-
sions since October 1, 2004.
(H) The effectiveness of the conversions in enhancing
medical and dental readiness, health care efficiency,
productivity, quality, and customer satisfaction.
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(3) REPORT ON STUDY.—Not later than May 1, 2006, the
Comptroller General shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
containing the results of the study under this section.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘military medical or dental position’’ means
a position for the performance of health care functions within
the Armed Forces held by a member of the Armed Forces.
(2) The term ‘‘civilian medical or dental position’’ means
a position for the performance of health care functions within
the Department of Defense held by an employee of the Depart-
ment or of a contractor of the Department.
(3) The term ‘‘affected area’’ means an area in which mili-
tary medical or dental positions were converted to civilian
medical or dental positions before October 1, 2004, or in which
such conversions are scheduled to occur in the future.
(4) The term ‘‘uniformed services’’ has the meaning given
that term in section 1072(1) of title 10, United States Code.
SEC. 745. CLARIFICATION OF INCLUSION OF DENTAL CARE IN MED-
ICAL READINESS TRACKING AND HEALTH SURVEIL-
LANCE PROGRAM.
(a) INCLUSION OF DENTAL CARE.—Subtitle D of title VII of
the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 1074 note) is
amended by adding at the end the following new section:
‘‘SEC. 740. INCLUSION OF DENTAL CARE.
‘‘For purposes of the plan, this subtitle, and the amendments
made by this subtitle, references to medical readiness, health status,
and health care shall be considered to include dental readiness,
dental status, and dental care.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of title VII of such Act and in section 2(b) of such Act are
each amended by inserting after the item relating to section 739
the following:
‘‘Sec. 740. Inclusion of dental care.’’.
SEC. 746. COOPERATIVE OUTREACH TO MEMBERS AND FORMER MEM-
BERS OF THE NAVAL SERVICE EXPOSED TO ENVIRON-
MENTAL FACTORS RELATED TO SARCOIDOSIS.
(a) OUTREACH PROGRAM REQUIRED.—The Secretary of the Navy,
in coordination with the Secretary of Veterans Affairs, shall conduct
an outreach program intended to contact as many members and
former members of the naval service as possible who, in connection
with service aboard Navy ships, may have been exposed to aero-
solized particles resulting from the removal of nonskid coating
used on those ships.
(b) PURPOSES OF OUTREACH PROGRAM.—The purposes of the
outreach program are as follows:
(1) To develop additional data for use in subsequent studies
aimed at determining a causative link between sarcoidosis and
military service.
(2) To inform members and former members identified
in subsection (a) of the findings of Navy studies identifying
an association between service aboard certain naval ships and
sarcoidosis.
10 USC 1074
note.
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(3) To provide information to assist members and former
members identified in subsection (a) in getting medical evalua-
tions to help clarify linkages between their disease and their
service aboard Navy ships.
(4) To provide the Department of Veterans Affairs with
data and information for the effective evaluation of veterans
who may seek care for sarcoidosis.
(c) IMPLEMENTATION AND REPORT.—Not later than six months
after the date of the enactment of this Act, the Secretary of the
Navy shall begin the outreach program. Not later than one year
after beginning the program, the Secretary shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives and the Committees on Veterans Affairs of the
Senate and House of Representatives a report on the results of
the outreach program.
SEC. 747. REPEAL OF REQUIREMENT FOR COMPTROLLER GENERAL
REVIEWS OF CERTAIN DEPARTMENT OF DEFENSE-
DEPARTMENT OF VETERANS AFFAIRS PROJECTS ON
SHARING OF HEALTH CARE RESOURCES.
(a) JOINT INCENTIVES PROGRAM.—Section 8111(d) of title 38,
United States Code, is amended—
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
(b) HEALTH CARE RESOURCES SHARING
AND COORDINATION
PROJECT.—Section 722 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116
Stat. 2595; 38 U.S.C. 8111 note) is amended—
(1) by striking subsection (h);
(2) by redesignating subsection (i) as subsection (h); and
(3) in paragraph (2) of subsection (h), as so redesignated,
by striking ‘‘based on recommendations’’ and all that follows
and inserting ‘‘as determined by the Secretaries based on
information available to the Secretaries to warrant such
action.’’.
SEC. 748. PANDEMIC AVIAN FLU PREPAREDNESS.
(a) REPORT.—The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the efforts within the Department
of Defense to prepare for pandemic influenza, including pandemic
avian influenza. The Secretary shall address the following, with
respect to military personnel, dependents of military personnel on
military installations, and civilian personnel within the Department
of Defense:
(1) The procurement of vaccines, antivirals, and other medi-
cines, and medical supplies, including personal protective equip-
ment, particularly those that must be imported.
(2) Protocols for the allocation and distribution of vaccines
and medicines among high priority personnel.
(3) Public health protection and containment measures that
may be implemented on military bases and other facilities,
including risk communication, quarantine, travel restrictions,
and other isolation precautions.
(4) Communication with Department of Defense-affiliated
health providers about pandemic preparedness and response.
(5) Surge capacity for the provision of medical care during
pandemics.
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(6) The availability and delivery of food and basic supplies
and services.
(7) Surveillance efforts domestically and internationally,
including those using the Global Emerging Infections Systems
(GEIS), and how such efforts are integrated with other ongoing
surveillance systems.
(8) The integration of pandemic and response planning
in the Department of Defense with the planning of other Fed-
eral departments, including the Department of Health and
Human Services, the Department of Homeland Security, the
Department of Veterans Affairs, the Department of State, and
USAID.
(9) Collaboration (as appropriate) with international enti-
ties engaged in pandemic preparedness and response.
(10) Acceleration of medical research and development
related to pandemic influenza.
(b) SUBMISSION OF REPORT.—The report required under sub-
section (a) shall be submitted not later than 120 days after the
date of the enactment of this Act.
SEC. 749. FOLLOW UP ASSISTANCE FOR MEMBERS OF THE ARMED
FORCES AFTER PRESEPARATION PHYSICAL EXAMINA-
TIONS.
Section 1145(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(5)(A) The Secretary of Defense shall, in consultation with
the Secretary of Veterans Affairs, ensure that appropriate actions
are taken to assist a member of the armed forces who, as a result
of a medical examination under paragraph (4), receives an indica-
tion for a referral for follow up treatment from the health care
provider who performs the examination.
‘‘(B) Assistance provided to a member under paragraph (1)
shall include the following:
‘‘(i) Information regarding, and any appropriate referral
for, the care, treatment, and other services that the Secretary
of Veterans Affairs may provide to such member under any
other provision of law, including—
‘‘(I) clinical services, including counseling and treat-
ment for post-traumatic stress disorder and other mental
health conditions; and
‘‘(II) any other care, treatment, and services.
‘‘(ii) Information on the private sector sources of treatment
that are available to the member in the member’s community.
‘‘(iii) Assistance to enroll in the health care system of
the Department of Veterans Affairs for health care benefits
for which the member is eligible under laws administered by
the Secretary of Veterans Affairs.’’.
SEC. 750. POLICY ON ROLE OF MILITARY MEDICAL AND BEHAVIORAL
SCIENCE 
PERSONNEL 
IN 
INTERROGATION 
OF
DETAINEES.
(a) POLICY REQUIRED.—The Secretary of Defense shall establish
the policy of the Department of Defense on the role of military
medical and behavioral science personnel in the interrogation of
persons detained by the Armed Forces. The policy shall apply
uniformly throughout the Armed Forces.
(b) REPORT.—Not later than March 1, 2006, the Secretary shall
submit to the congressional defense committees a report on the
10 USC 801 note.
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policy established under subsection (a). The report shall set forth
the policy, and shall include such additional matters on the policy
as the Secretary considers appropriate.
TITLE VIII—ACQUISITION POLICY, AC-
QUISITION MANAGEMENT, AND RE-
LATED MATTERS
SUBTITLE A—PROVISIONS RELATING TO MAJOR DEFENSE ACQUISITION
PROGRAMS
Sec. 801.
Requirement for certification before major defense acquisition program
may proceed to Milestone B.
Sec. 802.
Requirements applicable to major defense acquisition programs exceed-
ing baseline costs.
Sec. 803.
Requirement for determination by Secretary of Defense and notification
to Congress before procurement of major weapon systems as commercial
items.
Sec. 804.
Reports on significant increases in program acquisition unit costs or pro-
curement unit costs of major defense acquisition programs.
Sec. 805.
Report on use of lead system integrators in the acquisition of major sys-
tems.
Sec. 806.
Congressional notification of cancellation of major automated informa-
tion systems.
SUBTITLE B—ACQUISITION POLICY AND MANAGEMENT
Sec. 811.
Internal controls for procurements on behalf of the Department of De-
fense.
Sec. 812. Management structure for the procurement of contract services.
Sec. 813. Report on service surcharges for purchases made for military depart-
ments through other Department of Defense agencies.
Sec. 814. Review of defense acquisition structures and capabilities.
Sec. 815. Modification of requirements applicable to contracts authorized by law for
certain military materiel.
Sec. 816. Guidance on use of tiered evaluations of offers for contracts and task or-
ders under contracts.
Sec. 817. Joint policy on contingency contracting.
Sec. 818. Acquisition strategy for commercial satellite communication services.
Sec. 819. Authorization of evaluation factor for defense contractors employing or
subcontracting with members of the Selected Reserve of the reserve
components of the Armed Forces.
SUBTITLE C—AMENDMENTS TO GENERAL CONTRACTING AUTHORITIES,
PROCEDURES, AND LIMITATIONS
Sec. 821. Participation by Department of Defense in acquisition workforce training
fund.
Sec. 822. Increase in cost accounting standard threshold.
Sec. 823. Modification of authority to carry out certain prototype projects.
Sec. 824. Increased limit applicable to assistance provided under certain procure-
ment technical assistance programs.
SUBTITLE D—UNITED STATES DEFENSE INDUSTRIAL BASE PROVISIONS
Sec. 831. Clarification of exception from Buy American requirements for procure-
ment of perishable food for establishments outside the United States.
Sec. 832. Training for defense acquisition workforce on the requirements of the
Berry Amendment.
Sec. 833. Amendments to domestic source requirements relating to clothing mate-
rials and components covered.
SUBTITLE E—OTHER MATTERS
Sec. 841. Review and report on Department of Defense efforts to identify contract
fraud, waste, and abuse.
Sec. 842. Extension of contract goal for small disadvantaged businesses and certain
institutions of higher education.
Sec. 843. Extension of deadline for report of advisory panel on laws and regulations
on acquisition practices.
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Sec. 844. Exclusion of certain security expenses from consideration for purpose of
small business size standards.
Sec. 845. Disaster relief for small business concerns damaged by drought.
Sec. 846. Extension of limited acquisition authority for the commander of the
United States Joint Forces Command.
Sec. 847. Civilian Board of Contract Appeals.
Sec. 848. Statement of policy and report relating to contracting with employers of
persons with disabilities.
Sec. 849. Study on Department of Defense contracting with small business concerns
owned and controlled by service-disabled veterans.
Subtitle A—Provisions Relating to Major
Defense Acquisition Programs
SEC. 
801. 
REQUIREMENT 
FOR 
CERTIFICATION 
BEFORE 
MAJOR
DEFENSE ACQUISITION PROGRAM MAY PROCEED TO
MILESTONE B.
(a) CERTIFICATION REQUIREMENT.—Chapter 139 of title 10,
United States Code, is amended by inserting after section 2366
the following new section:
‘‘§ 2366a. Major defense acquisition programs: certification
required before Milestone B or Key Decision
Point B approval
‘‘(a) CERTIFICATION.—A major defense acquisition program may
not receive Milestone B approval, or Key Decision Point B approval
in the case of a space program, until the milestone decision
authority certifies that—
‘‘(1) the technology in the program has been demonstrated
in a relevant environment;
‘‘(2) the program demonstrates a high likelihood of accom-
plishing its intended mission;
‘‘(3) the program is affordable when considering the per
unit cost and the total acquisition cost in the context of the
total resources available during the period covered by the
future-years defense program submitted during the fiscal year
in which the certification is made;
‘‘(4) the Department of Defense has completed an analysis
of alternatives with respect to the program;
‘‘(5) the program is affordable when considering the ability
of the Department of Defense to accomplish the program’s
mission using alternative systems;
‘‘(6) the Joint Requirements Oversight Council has accom-
plished its duties with respect to the program pursuant to
section 181(b) of this title, including an analysis of the oper-
ational requirements for the program; and
‘‘(7) the program complies with all relevant policies, regula-
tions, and directives of the Department of Defense.
‘‘(b) SUBMISSION
TO
CONGRESS.—The certification required
under subsection (a) with respect to a major defense acquisition
program shall be submitted to the congressional defense committees
with the first Selected Acquisition Report submitted under section
2432 of this title after completion of the certification.
‘‘(c) WAIVER FOR NATIONAL SECURITY.—The milestone decision
authority may waive the applicability to a major defense acquisition
program of one or more components (as specified in paragraph
(1), (2), (3), (4), (5), or (6) of subsection (a)) of the certification
requirement if the milestone decision authority determines that,
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but for such a waiver, the Department would be unable to meet
critical national security objectives. Whenever the milestone deci-
sion authority makes such a determination and authorizes such
a waiver, the waiver, the determination, and the reasons for the
determination shall be submitted in writing to the congressional
defense committees within 30 days after the waiver is authorized.
‘‘(d) NONDELEGATION.—The milestone decision authority may
not delegate the certification requirement under subsection (a) or
the authority to waive any component of such requirement under
subsection (c).
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘major defense acquisition program’ means
a Department of Defense acquisition program that is a major
defense acquisition program for purposes of section 2430 of
this title.
‘‘(2) The term ‘milestone decision authority’, with respect
to a major defense acquisition program, means the individual
within the Department of Defense designated with overall
responsibility for the program.
‘‘(3) The term ‘Milestone B approval’ has the meaning pro-
vided that term in section 2366(e)(7) of this title.
‘‘(4) The term ‘Key Decision Point B’ means the official
program initiation of a National Security Space program of
the Department of Defense, which triggers a formal review
to determine maturity of technology and the program’s readi-
ness to begin the preliminary system design.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 2366 the following new item:
‘‘2366a. Major defense acquisition programs: certification required before Milestone
B approval or Key Decision Point B approval.’’.
SEC. 802. REQUIREMENTS APPLICABLE TO MAJOR DEFENSE ACQUISI-
TION PROGRAMS EXCEEDING BASELINE COSTS.
(a) SPECIFICATION OF SIGNIFICANT COST GROWTH THRESHOLD
AND CRITICAL COST GROWTH THRESHOLD.—Subsection (a) of section
2433 of title 10, United States Code, is amended by adding at
the end the following new paragraphs:
‘‘(4) The term ‘significant cost growth threshold’ means
the following:
‘‘(A) In the case of a major defense acquisition program,
a percentage increase in the program acquisition unit cost
for the program of—
‘‘(i) at least 15 percent over the program acquisi-
tion unit cost for the program as shown in the current
Baseline Estimate for the program; or
‘‘(ii) at least 30 percent over the program acquisi-
tion unit cost for the program as shown in the original
Baseline Estimate for the program.
‘‘(B) In the case of a major defense acquisition program
that is a procurement program, a percentage increase in
the procurement unit cost for the program of—
‘‘(i) at least 15 percent over the procurement unit
cost for the program as shown in the current Baseline
Estimate for the program; or
Deadline.
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‘‘(ii) at least 30 percent over the procurement unit
cost for the program as shown in the original Baseline
Estimate for the program.
‘‘(5) The term ‘critical cost growth threshold’ means the
following:
‘‘(A) In the case of a major defense acquisition program,
a percentage increase in the program acquisition unit cost
for the program of—
‘‘(i) at least 25 percent over the program acquisi-
tion unit cost for the program as shown in the current
Baseline Estimate for the program; or
‘‘(ii) at least 50 percent over the program acquisi-
tion unit cost for the program as shown in the original
Baseline Estimate for the program.
‘‘(B) In the case of a major defense acquisition program
that is a procurement program, a percentage increase in
the procurement unit cost for the program of—
‘‘(i) at least 25 percent over the procurement unit
cost for the program as shown in the current Baseline
Estimate for the program; or
‘‘(ii) at least 50 percent over the procurement unit
cost for the program as shown in the original Baseline
Estimate for the program.’’.
(b) INCORPORATION OF THRESHOLDS INTO UNIT COST REPORT
AND RELATED REQUIREMENTS.—
(1) UNIT COST REPORT REQUIREMENTS.—Subsection (c) of
such section is amended by striking ‘‘cause to believe—’’ and
all that follows through ‘‘reflected in the Baseline Estimate;’’
and inserting ‘‘cause to believe that the program acquisition
unit cost for the program or the procurement unit cost for
the program, as applicable, has increased by a percentage equal
to or greater than the significant cost growth threshold for
the program;’’.
(2) DETERMINATIONS
OF
SERVICE
ACQUISITION
EXECU-
TIVES.—Subsection (d) of such section is amended—
(A) in paragraph (1), by striking ‘‘by at least 15 percent,
or by at least 25 percent, over the program acquisition
unit cost for the program as shown in the Baseline Esti-
mate’’ and inserting ‘‘by a percentage equal to or greater
than the significant cost growth threshold, or the critical
cost growth threshold, for the program’’;
(B) in paragraph (2), by striking ‘‘by at least 15 percent,
or by at least 25 percent, over the procurement unit cost
for the program as reflected in the Baseline Estimate’’
and inserting ‘‘by a percentage equal to or greater than
the significant cost growth threshold, or the critical cost
growth threshold, for the program’’; and
(C) in paragraph (3)—
(i) by striking ‘‘by at least 15 percent, or by at
least 25 percent, as determined under paragraph (1)’’
and inserting ‘‘by a percentage equal to or greater
than the significant cost growth threshold or critical
cost growth threshold’’; and
(ii) by striking ‘‘by at least 15 percent, or by at
least 25 percent, as determined under paragraph (2)’’
and inserting ‘‘by a percentage equal to or greater
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than the significant cost growth threshold or critical
cost growth threshold’’.
(3) SERVICE ACQUISITION REPORTS.—Subsection (e) of such
section is amended—
(A) in paragraph (1)(A), by striking ‘‘by at least 15
percent’’ and inserting ‘‘by a percentage equal to or greater
than the significant cost growth threshold for the program’’;
(B) in paragraph (2)—
(i) by striking ‘‘percentage increase in the’’; and
(ii) by striking ‘‘exceeds 25 percent’’ and inserting
‘‘increases by a percentage equal to or greater than
the critical cost growth threshold for the program’’;
and
(C) in paragraph (3)—
(i) by striking ‘‘of at least 15 percent’’ both places
it appears and inserting ‘‘by a percentage equal to
or greater than the significant cost growth threshold’’;
and
(ii) by striking ‘‘of at least 25 percent’’ both places
it appears and inserting ‘‘by a percentage equal to
or greater than the critical cost growth threshold’’.
(c) ADDITIONAL REQUIREMENTS RELATING
TO CERTAIN UNIT
COST INCREASES.—Paragraph (2) of subsection (e) of such section
is further amended—
(1) by redesignating subparagraph (B) as subparagraph
(C); and
(2) by striking ‘‘the Secretary of Defense’’ and all that
follows through ‘‘a written certification, stating that—’’ and
inserting ‘‘the Secretary of Defense shall—
‘‘(A) carry out an assessment of—
‘‘(i) the projected cost of completing the program if
current requirements are not modified;
‘‘(ii) the projected cost of completing the program based
on reasonable modification of such requirements; and
‘‘(iii) the rough order of magnitude of the costs of
any reasonable alternative system or capability;
‘‘(B) submit to Congress, before the end of the 60-day
period beginning on the day the Selected Acquisition Report
containing the information described in subsection (g) is
required to be submitted under section 2432(f) of this title,
a written certification (with a supporting explanation) stating
that—’’.
(d) ORIGINAL BASELINE ESTIMATE.—
(1) IN GENERAL.—Section 2435 of title 10, United States
Code, is amended—
(A) by redesignating subsection (d) as subsection (e);
and
(B) by inserting after subsection (c) the following new
subsection (d):
‘‘(d) ORIGINAL BASELINE ESTIMATE.—(1) In this chapter, the
term ‘original Baseline Estimate’, with respect to a major defense
acquisition program, means the baseline description established
with respect to the program under subsection (a), without adjust-
ment or revision (except as provided in paragraph (2)).
‘‘(2) An adjustment or revision of the original baseline descrip-
tion of a major defense acquisition program may be treated as
the original Baseline Estimate for the program for purposes of
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this chapter only if the percentage increase in the program acquisi-
tion unit cost or procurement unit cost under such adjustment
or revision exceeds the critical cost growth threshold for the program
under section 2433 of this title, as determined by the Secretary
of the military department concerned under subsection (d) of such
section.
‘‘(3) In the event of an adjustment or revision of the original
baseline description of a major defense acquisition program, the
Secretary of Defense shall include in the next Selected Acquisition
Report to be submitted under section 2432 of this title after such
adjustment or revision a notification to the congressional defense
committees of such adjustment or revision, together with the rea-
sons for such adjustment or revision.’’.
(2) CONFORMING
AMENDMENT.—Section 2433(a) of such
title, as amended by subsection (a) of this section, is further
amended by adding at the end the following new paragraph:
‘‘(6) The term ‘original Baseline Estimate’ has the same
meaning as provided in section 2435(d) of this title.’’.
(e) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall take effect on the date of the enactment of this Act,
and shall apply with respect to any major defense acquisition
program for which an original Baseline Estimate is first estab-
lished before, on, or after that date.
(2) APPLICABILITY TO CURRENT MAJOR DEFENSE ACQUISITION
PROGRAMS.—In the case of a major defense acquisition program
for which the program acquisition unit cost or procurement
unit cost, as applicable, exceeds the original Baseline Estimate
for the program by more than 50 percent on the date of the
enactment of this Act—
(A) the current Baseline Estimate for the program
as of such date of enactment is deemed to be the original
Baseline Estimate for the program for purposes of section
2433 of title 10, United States Code (as amended by this
section); and
(B) each Selected Acquisition Report submitted on the
program after the date of the enactment of this Act shall
reflect each of the following:
(i) The original Baseline Estimate, as first estab-
lished for the program, without adjustment or revision.
(ii) The Baseline Estimate for the program that
is deemed to be the original Baseline Estimate for
the program under subparagraph (A).
(iii) The current original Baseline Estimate for
the program as adjusted or revised, if at all, in accord-
ance with subsection (d)(2) of section 2435 of title
10, United States Code (as added by subsection (d)
of this section).
SEC. 803. REQUIREMENT FOR DETERMINATION BY SECRETARY OF
DEFENSE AND NOTIFICATION TO CONGRESS BEFORE
PROCUREMENT 
OF 
MAJOR 
WEAPON 
SYSTEMS 
AS
COMMERCIAL ITEMS.
(a) REQUIREMENT
FOR DETERMINATION
AND NOTIFICATION.—
(1) IN GENERAL.—Chapter 140 of title 10, United States
Code, is amended by adding at the end the following new
section:
10 USC 2433
note.
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‘‘§ 2379. Requirement for determination by Secretary of
Defense and notification to Congress before
procurement 
of 
major 
weapon 
systems 
as
commercial items
‘‘(a) REQUIREMENT FOR DETERMINATION AND NOTIFICATION.—
A major weapon system of the Department of Defense may be
treated as a commercial item, or purchased under procedures estab-
lished for the procurement of commercial items, only if—
‘‘(1) the Secretary of Defense determines that—
‘‘(A) the major weapon system is a commercial item,
as defined in section 4(12) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 403(12)); and
‘‘(B) such treatment is necessary to meet national secu-
rity objectives; and
‘‘(2) the congressional defense committees are notified at
least 30 days before such treatment or purchase occurs.
‘‘(b) TREATMENT OF SUBSYSTEMS AND COMPONENTS AS COMMER-
CIAL ITEMS.—A subsystem or component of a major weapon system
shall be treated as a commercial item and purchased under proce-
dures established for the procurement of commercial items if such
subsystem or component otherwise meets the requirements (other
than requirements under subsection (a)) for treatment as a commer-
cial item.
‘‘(c) DELEGATION.—The authority of the Secretary of Defense
to make a determination under subsection (a) may be delegated
only to the Deputy Secretary of Defense, without further redelega-
tion.
‘‘(d) MAJOR WEAPON SYSTEM DEFINED.—In this section, the
term ‘major weapon system’ means a weapon system acquired
pursuant to a major defense acquisition program (as that term
is defined in section 2430 of this title).’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 140 of such title is amended by adding
at the end the following new item:
‘‘2379. Requirement for determination by Secretary of Defense and notification to
Congress before procurement of major weapon systems as commercial
items.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on the date of the enactment of this Act,
and shall apply to contracts entered into on or after such date.
SEC. 804. REPORTS ON SIGNIFICANT INCREASES IN PROGRAM
ACQUISITION UNIT COSTS OR PROCUREMENT UNIT
COSTS OF MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) INITIAL REPORT REQUIRED.—Not later than one year after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report on
the acquisition status of each major defense acquisition program
whose program acquisition unit cost or procurement unit cost, as
of the date of the enactment of this Act, has exceeded by more
than 50 percent the original baseline projection for such unit cost.
The report shall include the information specified in subsection
(b).
(b) INFORMATION.—The information specified in this subsection
with respect to a major defense acquisition program is the following:
(1) An assessment of the costs to be incurred to complete
the program if the program is not modified.
10 USC 2379
note.
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(2) An explanation of why the costs of the program have
increased.
(3) A justification for the continuation of the program not-
withstanding the increase in costs.
(c) MAJOR DEFENSE ACQUISITION PROGRAM DEFINED.—In this
section, the term ‘‘major defense acquisition program’’ has the
meaning given that term in section 2430 of title 10, United States
Code.
SEC. 805. REPORT ON USE OF LEAD SYSTEM INTEGRATORS IN THE
ACQUISITION OF MAJOR SYSTEMS.
(a) REPORT REQUIRED.—Not later than September 30, 2006,
the Secretary of Defense shall submit to the congressional defense
committees a report on the use of lead system integrators for
the acquisition by the Department of Defense of major systems.
(b) CONTENTS.—The report required by subsection (a) shall
include a detailed description of the actions taken, or to be taken
(including a specific timetable), and the current regulations and
guidelines regarding—
(1) the definition of the respective rights of the Department
of Defense, lead system integrators, and other contractors that
participate in the development or production of any individual
element of a major weapon system (including subcontractors
under lead system integrators) in intellectual property that
is developed by the other participating contractors in a manner
that ensures that—
(A) the Department of Defense obtains appropriate
rights in technical data developed by the other participating
contractors in accordance with the requirements of section
2320 of title 10, United States Code; and
(B) lead system integrators obtain access to technical
data developed by the other participating contractors only
to the extent necessary to execute their contractual obliga-
tions as lead systems integrators;
(2) the prevention or mitigation of organizational conflicts
of interest on the part of lead system integrators;
(3) minimization of the performance by lead system integra-
tors of functions closely associated with inherently govern-
mental functions;
(4) the appropriate use of competitive procedures in the
award of subcontracts by lead system integrators with system
responsibility;
(5) the prevention of organizational conflicts of interest
arising out of any financial interest of lead system integrators
without system responsibility in the development or production
of individual elements of a major weapon system; and
(6) the prevention of pass-through charges by lead system
integrators with system responsibility on systems or subsystems
developed or produced under subcontracts where such lead
system integrators do not provide significant value added with
regard to such systems or subsystems.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘lead system integrator’’ includes lead system
integrators with system responsibility and lead system integra-
tors without system responsibility.
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(2) The term ‘‘lead system integrator with system responsi-
bility’’ means a prime contractor for the development or produc-
tion of a major system if the prime contractor is not expected
at the time of award, as determined by the Secretary of Defense
for purposes of this section, to perform a substantial portion
of the work on the system and the major subsystems.
(3) The term ‘‘lead system integrator without system
responsibility’’ means a contractor under a contract for the
procurement of services whose primary purpose is to perform
acquisition functions closely associated with inherently govern-
mental functions with regard to the development or production
of a major system.
(4) The term ‘‘major system’’ has the meaning given such
term in section 2302d of title 10, United States Code.
(5) The term ‘‘pass-through charge’’ means a charge for
overhead or profit on work performed by a lower-tier contractor
(other than charges for the direct costs of managing lower-
tier contracts and overhead and profit based on such direct
costs) that does not, as determined by the Secretary for pur-
poses of this section, promote significant value added with
regard to such work.
(6) The term ‘‘functions closely associated with inherently
governmental functions’’ has the meaning given such term in
section 2383(b)(3) of title 10, United States Code.
SEC. 806. CONGRESSIONAL NOTIFICATION OF CANCELLATION OF
MAJOR AUTOMATED INFORMATION SYSTEMS.
(a) REPORT REQUIRED.—The Secretary of Defense shall notify
the congressional defense committees not less than 60 days before
cancelling a major automated information system program that
has been fielded or approved to be fielded, or making a change
that will significantly reduce the scope of such a program, of the
proposed cancellation or change.
(b) CONTENT.—Each notification submitted under subsection
(a) with respect to a proposed cancellation or change shall include—
(1) the specific justification for the proposed cancellation
or change;
(2) a description of the impact of the proposed cancellation
or change on the ability of the Department to achieve the
objectives of the program proposed for cancellation or change;
(3) a description of the steps that the Department plans
to take to achieve those objectives; and
(4) other information relevant to the change in acquisition
strategy.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘major automated information system’’ has
the meaning given that term in Department of Defense directive
5000.1.
(2) The term ‘‘approved to be fielded’’ means having
received Milestone C approval.
10 USC 2302
note.
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Subtitle B—Acquisition Policy and
Management
SEC. 811. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF
THE DEPARTMENT OF DEFENSE.
(a) INSPECTOR GENERAL REVIEWS AND DETERMINATIONS.—
(1) IN
GENERAL.—For each covered non-defense agency,
the Inspector General of the Department of Defense and the
Inspector General of such non-defense agency shall, not later
than March 15, 2006, jointly—
(A) review—
(i) the procurement policies, procedures, and
internal controls of such non-defense agency that are
applicable to the procurement of property and services
on behalf of the Department by such non-defense
agency; and
(ii) the administration of those policies, procedures,
and internal controls; and
(B) determine in writing whether—
(i) such non-defense agency is compliant with
defense procurement requirements;
(ii) such non-defense agency is not compliant with
defense procurement requirements, but has a program
or initiative to significantly improve compliance with
defense procurement requirements; or
(iii) neither of the conclusions stated in clauses
(i) and (ii) is correct in the case of such non-defense
agency.
(2) ACTIONS FOLLOWING CERTAIN DETERMINATIONS.—If the
Inspectors General determine under paragraph (1) that the
conclusion stated in clause (ii) or (iii) of subparagraph (B)
of that paragraph is correct in the case of a covered non-
defense agency, such Inspectors General shall, not later than
June 15, 2007, jointly—
(A) conduct a second review, as described in subpara-
graph (A) of that paragraph, regarding such non-defense
agency’s procurement of property or services on behalf of
the Department of Defense in fiscal year 2006; and
(B) determine in writing whether such non-defense
agency is or is not compliant with defense procurement
requirements.
(b) COMPLIANCE
WITH
DEFENSE
PROCUREMENT
REQUIRE-
MENTS.—For the purposes of this section, a covered non-defense
agency is compliant with defense procurement requirements if such
non-defense agency’s procurement policies, procedures, and internal
controls applicable to the procurement of products and services
on behalf of the Department of Defense, and the manner in which
they are administered, are adequate to ensure such non-defense
agency’s compliance with the requirements of laws and regulations
that apply to procurements of property and services made directly
by the Department of Defense.
(c) MEMORANDA
OF UNDERSTANDING BETWEEN INSPECTORS
GENERAL.—
(1) IN GENERAL.—Not later than 60 days after the date
of the enactment of this Act, the Inspector General of the
Deadline.
Contracts.
Deadline.
Deadline.
10 USC 2304
note.
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Department of Defense and the Inspector General of each cov-
ered non-defense agency shall enter into a memorandum of
understanding with each other to carry out the reviews and
make the determinations required by this section.
(2) SCOPE OF MEMORANDA.—The Inspector General of the
Department of Defense and the Inspector General of a covered
non-defense agency may by mutual agreement conduct separate
reviews of the procurement of property and services on behalf
of the Department of Defense that are conducted by separate
business units, or under separate governmentwide acquisition
contracts, of such non-defense agency. In any case where such
separate reviews are conducted, the Inspectors General shall
make separate determinations under paragraph (1) or (2) of
subsection (a), as applicable, with respect to each such separate
review.
(d) LIMITATIONS ON PROCUREMENTS ON BEHALF OF DEPARTMENT
OF DEFENSE.—
(1) LIMITATION DURING REVIEW PERIOD.—After March 15,
2006, and before June 16, 2007, no official of the Department
of Defense may, except as provided in subsection (e) or (f),
order, purchase, or otherwise procure property or services in
an amount in excess of $100,000 through a covered non-defense
agency for which a determination described in paragraph
(1)(B)(iii) of subsection (a) has been made under that subsection.
(2) LIMITATION AFTER REVIEW PERIOD.—After June 15, 2007,
no official of the Department of Defense may, except as provided
in subsection (e) or (f), order, purchase, or otherwise procure
property or services in an amount in excess of $100,000 through
a covered non-defense agency that, having been subject to
review under this section, has not been determined under this
section as being compliant with defense procurement require-
ments.
(3) LIMITATION FOLLOWING FAILURE TO REACH MOU.—Com-
mencing on the date that is 60 days after the date of the
enactment of this Act, if a memorandum of understanding
between the Inspector General of the Department of Defense
and the Inspector General of a covered non-defense agency
cannot be attained causing the review required by this section
to not be performed, no official of the Department of Defense,
except as provided in subsection (e) or (f), may order, purchase
or otherwise procure property or services in an amount in
excess of $100,000 through such non-defense agency.
(e) EXCEPTION FROM APPLICABILITY OF LIMITATIONS.—
(1) EXCEPTION.—No limitation applies under subsection (d)
with respect to the procurement of property and services on
behalf of the Department of Defense by a covered non-defense
agency during any period that there is in effect a determination
of the Under Secretary of Defense for Acquisition, Technology,
and Logistics, made in writing, that it is necessary in the
interest of the Department of Defense to continue to procure
property and services through such non-defense agency.
(2) APPLICABILITY
OF
DETERMINATION.—A written deter-
mination with respect to a covered non-defense agency under
paragraph (1) is in effect for the period, not in excess of one
year, that the Under Secretary shall specify in the written
determination. The Under Secretary may extend from time
Deadline.
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PUBLIC LAW 109–163—JAN. 6, 2006
to time, for up to one year at a time, the period for which
the written determination remains in effect.
(f) TERMINATION OF APPLICABILITY OF LIMITATIONS.—Subsection
(d) shall cease to apply to a covered non-defense agency on the
date on which the Inspector General of the Department of Defense
and the Inspector General of such non-defense agency jointly—
(1) determine that such non-defense agency is compliant
with defense procurement requirements; and
(2) notify the Secretary of Defense of that determination.
(g) IDENTIFICATION OF PROCUREMENTS MADE DURING A PAR-
TICULAR FISCAL YEAR.—For the purposes of subsection (a), a
procurement shall be treated as being made during a particular
fiscal year to the extent that funds are obligated by the Department
of Defense for that procurement in that fiscal year.
(h) DEFINITIONS.—In this section:
(1) The term ‘‘covered non-defense agency’’ means each
of the following:
(A) The Department of the Treasury.
(B) The Department of the Interior.
(C) The National Aeronautics and Space Administra-
tion.
(2) The term ‘‘governmentwide acquisition contract’’, with
respect to a covered non-defense agency, means a task or
delivery order contract that—
(A) is entered into by the non-defense agency; and
(B) may be used as the contract under which property
or services are procured for 1 or more other departments
or agencies of the Federal Government.
SEC. 812. MANAGEMENT STRUCTURE FOR THE PROCUREMENT OF
CONTRACT SERVICES.
(a) MANAGEMENT STRUCTURE.—
(1) IN GENERAL.—Section 2330 of title 10, United States
Code, is amended to read as follows:
‘‘§ 2330. Procurement of contract services: management
structure
‘‘(a) REQUIREMENT FOR MANAGEMENT STRUCTURE.—The Sec-
retary of Defense shall establish and implement a management
structure for the procurement of contract services for the Depart-
ment of Defense. The management structure shall provide, at a
minimum, for the following:
‘‘(1) The Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics shall—
‘‘(A) develop and maintain (in consultation with the
service acquisition executives) policies, procedures, and best
practices guidelines addressing the procurement of contract
services, including policies, procedures, and best practices
guidelines for—
‘‘(i) acquisition planning;
‘‘(ii) solicitation and contract award;
‘‘(iii) requirements development and management;
‘‘(iv) contract tracking and oversight;
‘‘(v) performance evaluation; and
‘‘(vi) risk management;
‘‘(B) work with the service acquisition executives and
other appropriate officials of the Department of Defense—
Notification.
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‘‘(i) to identify the critical skills and competencies
needed to carry out the procurement of contract serv-
ices on behalf of the Department of Defense;
‘‘(ii) to develop a comprehensive strategy for
recruiting, training, and deploying employees to meet
the requirements for such skills and competencies; and
‘‘(iii) to ensure that the military departments and
Defense Agencies have staff and administrative sup-
port that are adequate to effectively perform their
duties under this section;
‘‘(C) establish contract services acquisition categories,
based on dollar thresholds, for the purpose of establishing
the level of review, decision authority, and applicable proce-
dures in such categories; and
‘‘(D) oversee the implementation of the requirements
of this section and the policies, procedures, and best prac-
tices guidelines established pursuant to subparagraph (A).
‘‘(2) The service acquisition executive of each military
department shall be the senior official responsible for the
management of acquisition of contract services for or on behalf
of the military department.
‘‘(3) The Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics shall be the senior official responsible
for the management of acquisition of contract services for or
on behalf of the Defense Agencies and other components of
the Department of Defense outside the military departments.
‘‘(b) DUTIES
AND
RESPONSIBILITIES
OF
SENIOR
OFFICIALS
RESPONSIBLE FOR THE MANAGEMENT OF ACQUISITION OF CONTRACT
SERVICES.—(1) Except as provided in paragraph (2), the senior
officials responsible for the management of acquisition of contract
services shall assign responsibility for the review and approval
of procurements in each contract services acquisition category estab-
lished under subsection (a)(1)(C) to specific Department of Defense
officials, subject to the direction, supervision, and oversight of such
senior officials.
‘‘(2) With respect to the acquisition of contract services by
a component or command of the Department of Defense the primary
mission of which is the acquisition of products and services, such
acquisition shall be conducted in accordance with policies, proce-
dures, and best practices guidelines developed and maintained by
the Under Secretary of Defense for Acquisition, Technology, and
Logistics pursuant to subsection (a)(1), subject to oversight by the
senior officials referred to in paragraph (1).
‘‘(3) In carrying out paragraph (1), each senior official respon-
sible for the management of acquisition of contract services shall—
‘‘(A) implement the requirements of this section and the
policies, procedures, and best practices guidelines developed
by the Under Secretary of Defense for Acquisition, Technology,
and Logistics pursuant to subsection (a)(1)(A);
‘‘(B) authorize the procurement of contract services through
contracts entered into by agencies outside the Department of
Defense in appropriate circumstances, in accordance with the
requirements of section 854 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (10 U.S.C.
2304 note), section 814 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (31 U.S.C.
1535 note), and the regulations implementing such sections;
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‘‘(C) dedicate full-time commodity managers to coordinate
the procurement of key categories of services;
‘‘(D) ensure that contract services are procured by means
of procurement actions that are in the best interests of the
Department of Defense and are entered into and managed
in compliance with applicable laws, regulations, directives, and
requirements;
‘‘(E) ensure that competitive procedures and performance-
based contracting are used to the maximum extent practicable
for the procurement of contract services; and
‘‘(F) monitor data collection under section 2330a of this
title, and periodically conduct spending analyses, to ensure
that funds expended for the procurement of contract services
are being expended in the most rational and economical manner
practicable.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘procurement action’ includes the following
actions:
‘‘(A) Entry into a contract or any other form of agree-
ment.
‘‘(B) Issuance of a task order, delivery order, or military
interdepartmental purchase request.
‘‘(2) The term ‘contract services’ includes all services
acquired from private sector entities by or for the Department
of Defense, other than services relating to research and develop-
ment or military construction.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 137 of such title is amended by striking
the item relating to section 2330 and inserting the following
new item:
‘‘2330. Procurement of contract services: management structure.’’.
(b) PHASED IMPLEMENTATION.—The requirements of section
2330 of title 10, United States Code (as added by subsection (a)),
shall be implemented as follows:
(1) The Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics shall—
(A) establish an initial set of contract services acquisi-
tion categories, based on dollar thresholds, by not later
than June 1, 2006; and
(B) issue an initial set of policies, procedures, and
best practices guidelines in accordance with section
2330(a)(1)(A) by not later than October 1, 2006.
(2) The contract services acquisition categories established
by the Under Secretary shall include—
(A) one or more categories for acquisitions with an
estimated value of $250,000,000 or more;
(B) one or more categories for acquisitions with an
estimated value of at least $10,000,000 but less than
$250,000,000; and
(C) one or more categories for acquisitions with an
estimated value greater than the simplified acquisition
threshold but less than $10,000,000.
(3) The senior officials responsible for the management
of acquisition of contract services shall assign responsibility
to specific individuals in the Department of Defense for the
review and approval of procurements in the contract services
Deadlines.
Procedures.
Deadlines.
10 USC 2330
note.
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acquisition categories established by the Under Secretary, as
follows:
(A) Not later than October 1, 2006, for all categories
established pursuant to paragraph (2)(A).
(B) Not later than October 1, 2007, for all categories
established pursuant to paragraph (2)(B).
(C) Not later than October 1, 2009, for all categories
established pursuant to paragraph (2)(C).
(c) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a final report on the implementation of section
2330 of title 10, United States Code, as added by this section.
SEC. 813. REPORT ON SERVICE SURCHARGES FOR PURCHASES MADE
FOR 
MILITARY 
DEPARTMENTS 
THROUGH 
OTHER
DEPARTMENT OF DEFENSE AGENCIES.
(a) REPORTS BY MILITARY DEPARTMENTS.—For each of fiscal
years 2005 and 2006, the Secretary of each military department
shall, not later than 180 days after the last day of that fiscal
year, submit to the Under Secretary of Defense for Acquisition,
Technology, and Logistics a report on the service charges imposed
on such military department for purchases in amounts greater
than the simplified acquisition threshold that were made for that
military department during such fiscal year through a contract
entered into by an agency of the Department of Defense other
than that military department. The report shall specify the amounts
of the service charges and identify the services provided in exchange
for such charges.
(b) ANALYSIS
OF MILITARY DEPARTMENT REPORT.—Not later
than 90 days after receiving a report of the Secretary of a military
department for a fiscal year under subsection (a), the Under Sec-
retary of Defense for Acquisition, Technology, and Logistics shall
review the service charges delineated in such report for the acquisi-
tions covered by the report and the services provided in exchange
for such charges and shall compare those charges with the costs
of alternative means for making such acquisitions. The analysis
shall include the Under Secretary’s determinations of whether the
imposition and amounts of the service charges were reasonable.
(c) REPORTS TO CONGRESS.—Not later than October 1, 2006
(for reports for fiscal year 2005 under subsection (a)), and not
later than October 1, 2007 (for reports for fiscal year 2006 under
subsection (a)), the Under Secretary of Defense for Acquisition,
Technology, and Logistics shall submit to the congressional defense
committees a report on the reports submitted by the Secretaries
of the military departments under subsection (a), together with
the Under Secretary’s determinations under subsection (b) with
regard to the matters set forth in those reports.
(d) SIMPLIFIED ACQUISITION THRESHOLD DEFINED.—In this sec-
tion, the term ‘‘simplified acquisition threshold’’ has the meaning
given such term in section 4(11) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(11)).
SEC. 814. REVIEW OF DEFENSE ACQUISITION STRUCTURES AND
CAPABILITIES.
(a) REVIEW
BY
DEFENSE
ACQUISITION
UNIVERSITY.—The
Defense Acquisition University, acting under the direction and
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authority of the Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics, shall conduct a review of the acquisition
structures and capabilities of the Department of Defense, including
the acquisition structures and capabilities of the following:
(1) Each military department.
(2) Each defense agency.
(3) Any other element of the Department of Defense that
has an acquisition function.
(b) ELEMENTS OF REVIEW.—
(1) IN GENERAL.—In reviewing the acquisition structures
and capabilities of an organization under subsection (a), the
Defense Acquisition University shall—
(A) determine the current structure of the organization;
(B) review the evolution of the current structure of
the organization, including the reasons for each reorganiza-
tion of the structure;
(C) identify the capabilities needed by the organization
to fulfill its function and assess the capacity of the organiza-
tion, as currently structured, to provide such capabilities;
(D) identify any gaps, shortfalls, or inadequacies
relating to acquisitions in the current structures and
capabilities of the organization;
(E) identify any recruiting, retention, training, or
professional development steps that may be needed to
address any such gaps, shortfalls, or inadequacies; and
(F) make such recommendations as the review team
determines to be appropriate.
(2) EMPHASIS
IN
REVIEW.—In conducting the review of
acquisition structures and capabilities under subsection (a),
the University shall place special emphasis on consideration
of—
(A) structures, capabilities, and processes for joint
acquisition, including actions that may be needed to
improve such structures, capabilities, and processes; and
(B) actions that may be needed to improve acquisition
outcomes.
(c) FUNDING.—The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall provide the Defense Acquisition
University the funds required to conduct the review under sub-
section (a).
(d) REPORT ON REVIEW.—
(1) IN GENERAL.—Not later than 180 days after the comple-
tion of the review required by subsection (a), the University
shall submit to the Under Secretary of Defense for Acquisition,
Technology, and Logistics a report on the review.
(2) ANNEX.—The report shall include a separate annex
on the acquisition structures and capabilities on each organiza-
tion covered by the review. The annex—
(A) shall address the matters specified under sub-
section (b) with respect to such organization; and
(B) may include such recommendations with respect
to such organization as the University considers appro-
priate.
(3) TRANSMITTAL OF FINAL REPORT.—Not later than 90 days
after the receipt of the report under paragraph (1), the Under
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Secretary shall transmit to the congressional defense commit-
tees a copy of the report, together with the comments of the
Under Secretary on the report.
(e) DEFENSE ACQUISITION UNIVERSITY DEFINED.—In this sec-
tion, the term ‘‘Defense Acquisition University’’ means the Defense
Acquisition University established pursuant to section 1746 of title
10, United States Code.
SEC. 815. MODIFICATION OF REQUIREMENTS APPLICABLE TO CON-
TRACTS AUTHORIZED BY LAW FOR CERTAIN MILITARY
MATERIEL.
(a) INCLUSION OF COMBAT VEHICLES UNDER REQUIREMENTS.—
Section 2401 of title 10, United States Code, is amended—
(1) by striking ‘‘vessel or aircraft’’ each place it appears
and inserting ‘‘vessel, aircraft, or combat vehicle’’;
(2) in subsection (c), by striking ‘‘aircraft or naval vessel’’
each place it appears and inserting ‘‘aircraft, naval vessel,
or combat vehicle’’;
(3) in subsection (e), by striking ‘‘aircraft or naval vessels’’
each place it appears and inserting ‘‘aircraft, naval vessels,
or combat vehicles’’; and
(4) in subsection (f)—
(A) by striking ‘‘aircraft and naval vessels’’ and
inserting ‘‘aircraft, naval vessels, and combat vehicles’’;
and
(B) by striking ‘‘such aircraft and vessels’’ and inserting
‘‘such aircraft, vessels, and combat vehicles’’.
(b) ADDITIONAL INFORMATION FOR CONGRESS.—Subsection (b)
of such section is amended—
(1) in paragraph (1)—
(A) in subparagraph (B), by striking ‘‘and’’ at the end;
(B) in subparagraph (C), by striking the period at
the end and inserting ‘‘; and’’; and
(C) by adding at the end the following new subpara-
graph:
‘‘(D) the Secretary has certified to those committees—
‘‘(i) that entering into the proposed contract as
a means of obtaining the vessel, aircraft, or combat
vehicle is the most cost-effective means of obtaining
such vessel, aircraft, or combat vehicle; and
‘‘(ii) that the Secretary has determined that the
lease complies with all applicable laws, Office of
Management and Budget circulars, and Department
of Defense regulations.’’; and
(2) by adding at the end the following new paragraphs:
‘‘(3) Upon receipt of a notice under paragraph (1)(C), a com-
mittee identified in paragraph (1)(B) may request the Inspector
General of the Department of Defense or the Comptroller General
of the United States to conduct a review of the proposed contract
to determine whether or not such contract meets the requirements
of this section.
‘‘(4) If a review is requested under paragraph (3), the Inspector
General of the Department of Defense or the Comptroller General
of the United States, as the case may be, shall submit to the
Secretary and the congressional defense committees a report on
such review before the expiration of the period specified in para-
graph (1)(C).’’.
Reports.
Certification.
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(c) APPLICABILITY OF ACQUISITION REGULATIONS.—Such section
is further amended—
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new sub-
section (f):
‘‘(f)(1) If a lease or charter covered by this section is a capital
lease or a lease-purchase—
‘‘(A) the lease or charter shall be treated as an acquisition
and shall be subject to all applicable statutory and regulatory
requirements for the acquisition of aircraft, naval vessels, or
combat vehicles; and
‘‘(B) funds appropriated to the Department of Defense for
operation and maintenance may not be obligated or expended
for the lease or charter.
‘‘(2) In this subsection, the terms ‘capital lease’ and ‘lease-
purchase’ have the meanings given those terms in Appendix B
to Office of Management and Budget Circular A–11, as in effect
on the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2006.’’.
(d) CONFORMING AND CLERICAL AMENDMENTS.—
(1) SECTION
HEADING.—The heading of such section is
amended to read as follows:
‘‘§ 2401. Requirement for authorization by law of certain con-
tracts relating to vessels, aircraft, and combat
vehicles’’.
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 141 of such title is amended by striking the
item relating to section 2401 and inserting the following new
item:
‘‘2401. Requirement for authorization by law of certain contracts relating to vessels,
aircraft, and combat vehicles.’’.
SEC. 816. GUIDANCE ON USE OF TIERED EVALUATIONS OF OFFERS
FOR CONTRACTS AND TASK ORDERS UNDER CONTRACTS.
(a) GUIDANCE REQUIRED.—The Secretary of Defense shall pre-
scribe guidance for the military departments and the Defense Agen-
cies on the use of tiered evaluations of offers for contracts and
for task or delivery orders under contracts.
(b) ELEMENTS.—The guidance prescribed under subsection (a)
shall include a prohibition on the initiation by a contracting officer
of a tiered evaluation of an offer for a contract or for a task
or delivery order under a contract unless the contracting officer—
(1) has conducted market research in accordance with part
10 of the Federal Acquisition Regulation in order to determine
whether or not a sufficient number of qualified small businesses
are available to justify limiting competition for the award of
such contract or task or delivery order under applicable law
and regulations;
(2) is unable, after conducting market research under para-
graph (1), to make the determination described in that para-
graph; and
(3) includes in the contract file a written explanation of
why such contracting officer was unable to make such deter-
mination.
SEC. 817. JOINT POLICY ON CONTINGENCY CONTRACTING.
(a) JOINT POLICY.—
10 USC 2302
note.
10 USC 2305
note.
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(1) REQUIREMENT.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense, in
consultation with the Chairman of the Joint Chiefs of Staff,
shall develop a joint policy for contingency contracting during
combat operations and post-conflict operations.
(2) MATTERS COVERED.—The joint policy for contingency
contracting required by paragraph (1) shall, at a minimum,
provide for—
(A) the designation of a senior commissioned officer
in each military department with the responsibility for
administering the policy;
(B) the assignment of a senior commissioned officer
with appropriate acquisition experience and qualifications
to act as head of contingency contracting during combat
operations, post-conflict operations, and contingency oper-
ations, who shall report directly to the commander of the
combatant command in whose area of responsibility the
operations occur;
(C) an organizational approach to contingency con-
tracting that is designed to ensure that each military
department is prepared to conduct contingency contracting
during combat operations and post-conflict operations;
(D) a requirement to provide training (including
training under a program to be created by the Defense
Acquisition University) to contingency contracting per-
sonnel in—
(i) the use of law, regulations, policies, and direc-
tives related to contingency contracting operations;
(ii) the appropriate use of rapid acquisition
methods, including the use of exceptions to competition
requirements under section 2304 of title 10, United
States Code, sealed bidding, letter contracts, indefinite
delivery indefinite quantity task orders, set asides
under section 8(a) of the Small Business Act (15 U.S.C.
637(a)), undefinitized contract actions, and other tools
available to expedite the delivery of goods and services
during combat operations or post-conflict operations;
(iii) the appropriate use of rapid acquisition
authority, commanders’ emergency response program
funds, and other tools unique to contingency con-
tracting; and
(iv) instruction on the necessity for the prompt
transition from the use of rapid acquisition authority
to the use of full and open competition and other
methods of contracting that maximize transparency
in the acquisition process;
(E) appropriate steps to ensure that training is main-
tained for such personnel even when they are not deployed
in a contingency operation; and
(F) such steps as may be needed to ensure jointness
and cross-service coordination in the area of contingency
contracting.
(b) REPORTS.—
(1) INTERIM REPORT.—
(A) REQUIREMENT.—Not later than 270 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Deadline.
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Senate and the House of Representatives an interim report
on contingency contracting.
(B) MATTERS
COVERED.—The report shall include
discussions of the following:
(i) Progress in the development of the joint policy
under subsection (a).
(ii) The ability of the Armed Forces to support
contingency contracting.
(iii) The ability of commanders of combatant com-
mands to request contingency contracting support and
the ability of the military departments and the acquisi-
tion support agencies to respond to such requests and
provide such support, including the availability of rapid
acquisition personnel for such support.
(iv) The ability of the current civilian and military
acquisition workforce to deploy to combat theaters of
operations and to conduct contracting activities during
combat and during post-conflict, reconstruction, or
other contingency operations.
(v) The effect of different periods of deployment
on continuity in the acquisition process.
(2) FINAL REPORT.—Not later than 18 months after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the committees listed in paragraph (1)(A) a
final report on contingency contracting, containing a discussion
of the implementation of the joint policy developed under sub-
section (a), including updated discussions of the matters covered
in the interim report.
(c) DEFINITIONS.—In this section:
(1) CONTINGENCY
CONTRACTING
PERSONNEL.—The term
‘‘contingency contracting personnel’’ means members of the
Armed Forces and civilian employees of the Department of
Defense who are members of the defense acquisition workforce
and, as part of their duties, are assigned to provide support
to contingency operations (whether deployed or not).
(2) CONTINGENCY
CONTRACTING.—The term ‘‘contingency
contracting’’ means all stages of the process of acquiring prop-
erty or services by the Department of Defense during a contin-
gency operation.
(3) CONTINGENCY OPERATION.—The term ‘‘contingency oper-
ation’’ has the meaning provided in section 101(13) of title
10, United States Code.
(4) ACQUISITION SUPPORT AGENCIES.—The term ‘‘acquisition
support agencies’’ means Defense Agencies and Department
of Defense Field Activities that carry out and provide support
for acquisition-related activities.
SEC. 818. ACQUISITION STRATEGY FOR COMMERCIAL SATELLITE
COMMUNICATION SERVICES.
(a) REQUIREMENT
FOR SPEND ANALYSIS.—The Secretary of
Defense shall, as a part of the effort of the Department of Defense
to develop a revised strategy for acquiring commercial satellite
communication services, perform a complete spend analysis of the
acquisitions by the Department of commercial satellite communica-
tion services for the period from fiscal year 2000 through fiscal
year 2005. That analysis shall, at a minimum, include a determina-
tion of the following:
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(1) Total acquisition costs in aggregate, by fiscal year,
for items and services purchased.
(2) Total quantity of items and services purchased.
(3) Quantity and cost of items and services purchased by
each entity from each supplier and who used the items and
services purchased.
(4) Purchasing patterns that may lead to recommendations
in which the Department of Defense may centralize operations,
consolidate requirements, or leverage purchasing power.
(b) REPORT ON ACQUISITION STRATEGY.—
(1) IN
GENERAL.—Not later than five months after the
date of the enactment of this Act, the Secretary shall submit
to Congress a report on the acquisition strategy of the Depart-
ment of Defense for commercial satellite communications serv-
ices.
(2) ELEMENTS.—The report required by paragraph (1) shall
include the following:
(A) A description of the spend analysis required by
subsection (a), including the results of the analysis.
(B) The proposed strategy of the Department for
acquiring commercial satellite communication services,
which—
(i) shall be based in appropriate part on the results
of the analysis required by subsection (a); and
(ii) shall take into account various methods of
aggregating purchases and leveraging the purchasing
power of the Department, including through the use
of multiyear contracting for commercial satellite
communication services.
(C) A proposal for such legislative action as the Sec-
retary considers necessary to acquire appropriate types
and amounts of commercial satellite communications serv-
ices using methods of aggregating purchases and leveraging
the purchasing power of the Department (including the
use of multiyear contracting), or if the use of such methods
is determined inadvisable, a statement of the rationale
for such determination.
(D) A proposal for such other legislative action that
the Secretary considers necessary to implement the
strategy of the Department for acquiring commercial sat-
ellite communication services.
SEC. 819. AUTHORIZATION OF EVALUATION FACTOR FOR DEFENSE
CONTRACTORS EMPLOYING OR SUBCONTRACTING WITH
MEMBERS OF THE SELECTED RESERVE OF THE RESERVE
COMPONENTS OF THE ARMED FORCES.
(a) DEFENSE CONTRACTS.—In awarding any contract for the
procurement of goods or services to an entity, the Secretary of
Defense is authorized to use as an evaluation factor whether the
entity intends to carry out the contract using employees or indi-
vidual subcontractors who are members of the Selected Reserve
of the reserve components of the Armed Forces.
(b) DOCUMENTATION OF SELECTED RESERVE-RELATED EVALUA-
TION FACTOR.—Any entity claiming intent to carry out a contract
using employees or individual subcontractors who are members
of the Selected Reserve of the reserve components of the Armed
10 USC 2305
note.
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Forces shall submit proof of the use of such employees or sub-
contractors for the Department of Defense to consider in carrying
out subsection (a) with respect to that contract.
(c) REGULATIONS.—The Federal Acquisition Regulation shall
be revised as necessary to implement this section.
Subtitle C—Amendments to General Con-
tracting Authorities, Procedures, and
Limitations
SEC. 821. PARTICIPATION BY DEPARTMENT OF DEFENSE IN ACQUISI-
TION WORKFORCE TRAINING FUND.
(a) REQUIRED CONTRIBUTIONS
TO ACQUISITION WORKFORCE
TRAINING FUND
BY DEPARTMENT
OF DEFENSE.—Section 37(h)(3)
of the Office of Federal Procurement Policy Act (41 U.S.C. 433(h)(3))
is amended—
(1) in subparagraph (A), by striking ‘‘other than the Depart-
ment of Defense’’ and inserting ‘‘, except as provided in subpara-
graph (D)’’; and
(2) by redesignating subparagraphs (D), (E), (F), and (G)
as subparagraphs (E), (F), (G), and (H), respectively, and
inserting after subparagraph (C) the following new subpara-
graph (D):
‘‘(D) The Administrator of General Services shall transfer
to the Secretary of Defense fees collected from the Department
of Defense pursuant to subparagraph (B), to be used by the
Defense Acquisition University for purposes of acquisition
workforce training.’’.
(b) CONFORMING AMENDMENTS.—
(1) OFFICE OF FEDERAL PROCUREMENT POLICY ACT.—Section
37(a) of the Office of Federal Procurement Policy Act (41 U.S.C.
433(a)) is amended by striking ‘‘This section’’ and inserting
‘‘Except as provided in subsection (h)(3), this section’’.
(2) PUBLIC
LAW
108–136.—Section 1412 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law
108–136; 117 Stat. 1664) is amended by striking subsection
(c).
(c) DEFENSE
ACQUISITION
UNIVERSITY
FUNDING.—Amounts
transferred under section 37(h)(3)(D) of the Office of Federal
Procurement Policy Act (as amended by subsection (a)) for use
by the Defense Acquisition University shall be in addition to other
amounts authorized for the University.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to fees collected under contracts described
in section 37(h)(3)(B) of the Office of Federal Procurement Policy
Act (41 U.S.C. 433(h)(3)(B)) after the date of the enactment of
this Act.
SEC. 822. INCREASE IN COST ACCOUNTING STANDARD THRESHOLD.
Section 26(f)(2)(A) of the Office of Federal Procurement Policy
Act (41 U.S.C. 422(f)(A)) is amended by striking ‘‘$500,000’’ and
inserting ‘‘the amount set forth in section 2306a(a)(1)(A)(i) of title
10, United States Code, as such amount is adjusted in accordance
with applicable requirements of law’’.
41 USC 433 note.
41 USC 433 note.
41 USC 433 note.
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SEC. 823. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
PROTOTYPE PROJECTS.
Section 845 of the National Defense Authorization Act for Fiscal
Year 1994 (10 U.S.C. 2371 note) is amended—
(1) in subsection (a)—
(A) by striking ‘‘The Director’’ and inserting ‘‘(1) Subject
to paragraph (2), the Director’’; and
(B) by adding at the end the following new paragraphs:
‘‘(2) The authority of this section—
‘‘(A) may be exercised for a prototype project that is
expected to cost the Department of Defense in excess of
$20,000,000 but not in excess of $100,000,000 only upon a
written determination by the senior procurement executive for
the agency (as designated for the purpose of section 16(c) of
the Office of Federal Procurement Policy Act (41 U.S.C. 414(c))
that—
‘‘(i) the requirements of subsection (d) will be met;
and
‘‘(ii) the use of the authority of this section is essential
to promoting the success of the prototype project; and
‘‘(B) may be exercised for a prototype project that is
expected to cost the Department of Defense in excess of
$100,000,000 only if—
‘‘(i) the Under Secretary of Defense for Acquisition,
Technology, and Logistics determines in writing that—
‘‘(I) the requirements of subsection (d) will be met;
and
‘‘(II) the use of the authority of this section is
essential to meet critical national security objectives;
and
‘‘(ii) the congressional defense committees are notified
in writing at least 30 days before such authority is exer-
cised.
‘‘(3) The authority of a senior procurement executive under
paragraph (2)(A), and the authority of the Under Secretary of
Defense for Acquisition, Technology, and Logistics under paragraph
(2)(B), may not be delegated.’’;
(2) by redesignating subsection (h) as subsection (i); and
(3) by inserting after subsection (g) the following new sub-
section (h):
‘‘(h) APPLICABILITY OF PROCUREMENT ETHICS REQUIREMENTS.—
An agreement entered into under the authority of this section
shall be treated as a Federal agency procurement for the purposes
of section 27 of the Office of Federal Procurement Policy Act (41
U.S.C. 423).’’.
SEC. 824. INCREASED LIMIT APPLICABLE TO ASSISTANCE PROVIDED
UNDER CERTAIN PROCUREMENT TECHNICAL ASSIST-
ANCE PROGRAMS.
Section 2414(a)(2) of title 10, United States Code, is amended
by striking ‘‘$150,000’’ and inserting ‘‘$300,000’’.
Notification.
Deadline.
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Subtitle D—United States Defense
Industrial Base Provisions
SEC. 831. CLARIFICATION OF EXCEPTION FROM BUY AMERICAN
REQUIREMENTS FOR PROCUREMENT OF PERISHABLE
FOOD FOR ESTABLISHMENTS OUTSIDE THE UNITED
STATES.
Section 2533a(d)(3) of title 10, United States Code, is amended
by inserting ‘‘, or for,’’ after ‘‘perishable foods by’’.
SEC. 832. TRAINING FOR DEFENSE ACQUISITION WORKFORCE ON THE
REQUIREMENTS OF THE BERRY AMENDMENT.
(a) TRAINING DURING FISCAL YEAR 2006.—The Secretary of
Defense shall ensure that each member of the defense acquisition
workforce who participates personally and substantially in the
acquisition of textiles on a regular basis receives training during
fiscal year 2006 on the requirements of section 2533a of title 10,
United States Code (commonly referred to as the ‘‘Berry Amend-
ment’’), and the regulations implementing that section.
(b) INCLUSION OF INFORMATION IN NEW TRAINING PROGRAMS.—
The Secretary shall ensure that any training program developed
or implemented after the date of the enactment of this Act for
members of the defense acquisition workforce who participate
personally and substantially in the acquisition of textiles on a
regular basis includes comprehensive information on the require-
ments described in subsection (a).
SEC. 833. AMENDMENTS TO DOMESTIC SOURCE REQUIREMENTS
RELATING TO CLOTHING MATERIALS AND COMPONENTS
COVERED.
(a) NOTICE.—Section 2533a of title 10, United States Code,
is amended by adding at the end the following new subsection:
‘‘(k) NOTIFICATION REQUIRED WITHIN 7 DAYS AFTER CONTRACT
AWARD IF CERTAIN EXCEPTIONS APPLIED.—In the case of any con-
tract for the procurement of an item described in subparagraph
(B), (C), (D), or (E) of subsection (b)(1), if the Secretary of Defense
or of the military department concerned applies an exception set
forth in subsection (c) or (e) with respect to that contract, the
Secretary shall, not later than 7 days after the award of the con-
tract, post a notification that the exception has been applied on
the Internet site maintained by the General Services Administration
known as FedBizOps.gov (or any successor site).’’.
(b) CLOTHING MATERIALS AND COMPONENTS COVERED.—Sub-
section (b) of section 2533a of title 10, United States Code, is
amended in paragraph (1)(B) by inserting before the semicolon
the following: ‘‘and the materials and components thereof, other
than sensors, electronics, or other items added to, and not normally
associated with, clothing (and the materials and components
thereof)’’.
Deadline.
10 USC 2533a
note.
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Subtitle E—Other Matters
SEC. 841. REVIEW AND REPORT ON DEPARTMENT OF DEFENSE
EFFORTS TO IDENTIFY CONTRACT FRAUD, WASTE, AND
ABUSE.
(a) REVIEW BY COMPTROLLER GENERAL.—The Comptroller Gen-
eral shall conduct a review of efforts by the Department of Defense
to identify and assess the areas of vulnerability of Department
of Defense contracts to fraud, waste, and abuse.
(b) MATTERS COVERED.—
(1) IN GENERAL.—In conducting the review, the Comptroller
General shall summarize the ongoing efforts of the Department
of Defense, including the reviews described in paragraph (2),
and make recommendations about areas not addressed or items
that need further investigation.
(2) DEPARTMENT OF DEFENSE REVIEWS.—The reviews by
the Department of Defense referred to in paragraph (1) are
the following:
(A) A report by a task force of the Defense Science
Board dated March 2005 and titled ‘‘Management Over-
sight in Acquisition Organizations’’.
(B) An audit by the Inspector General of the Depart-
ment of Defense titled ‘‘Service Acquisition Executives
Management Oversight and Procurement Authority’’.
(C) A task force to address contract fraud, waste, and
abuse designated by the Deputy Secretary of Defense.
(c) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report on the results of the review, including
the Comptroller General’s findings and recommendations.
SEC. 842. EXTENSION OF CONTRACT GOAL FOR SMALL DISADVAN-
TAGED BUSINESSES AND CERTAIN INSTITUTIONS OF
HIGHER EDUCATION.
Section 2323(k) of title 10, United States Code, is amended
by striking ‘‘2006’’ both places it appears and inserting ‘‘2009’’.
SEC. 843. EXTENSION OF DEADLINE FOR REPORT OF ADVISORY PANEL
ON LAWS AND REGULATIONS ON ACQUISITION PRAC-
TICES.
Section 1423(d) of the Services Acquisition Reform Act of 2003
(title XIV of Public Law 108–136; 117 Stat. 1669; 41 U.S.C. 405
note) is amended by striking ‘‘one year’’ and inserting ‘‘18 months’’.
SEC. 844. EXCLUSION OF CERTAIN SECURITY EXPENSES FROM CONSID-
ERATION FOR PURPOSE OF SMALL BUSINESS SIZE
STANDARDS.
Section 3(a) of the Small Business Act (15 U.S.C. 632(a)), is
amended by adding at the end the following:
‘‘(4) EXCLUSION
OF
CERTAIN
SECURITY
EXPENSES
FROM
CONSIDERATION FOR PURPOSE OF SMALL BUSINESS SIZE STAND-
ARDS.—
‘‘(A) DETERMINATION
REQUIRED.—Not later than 30
days after the date of enactment of this paragraph, the
Administrator shall review the application of size standards
established pursuant to paragraph (2) to small business
Deadline.
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concerns that are performing contracts in qualified areas
and determine whether it would be fair and appropriate
to exclude from consideration in the average annual gross
receipts of such small business concerns any payments
made to such small business concerns by Federal agencies
to reimburse such small business concerns for the cost
of subcontracts entered for the sole purpose of providing
security services in a qualified area.
‘‘(B) ACTION REQUIRED.—Not later than 60 days after
the date of enactment of this paragraph, the Administrator
shall either—
‘‘(i) initiate an adjustment to the size standards,
as described in subparagraph (A), if the Administrator
determines that such an adjustment would be fair
and appropriate; or
‘‘(ii) provide a report to the Committee on Small
Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of Rep-
resentatives explaining in detail the basis for the deter-
mination by the Administrator that such an adjust-
ment would not be fair and appropriate.
‘‘(C) QUALIFIED AREAS.—In this paragraph, the term
‘qualified area’ means—
‘‘(i) Iraq,
‘‘(ii) Afghanistan, and
‘‘(iii) any foreign country which included a combat
zone, as that term is defined in section 112(c)(2) of
the Internal Revenue Code of 1986, at the time of
performance of the relevant Federal contract or sub-
contract.’’.
SEC. 845. DISASTER RELIEF FOR SMALL BUSINESS CONCERNS DAM-
AGED BY DROUGHT.
(a) DROUGHT DISASTER AUTHORITY.—
(1) DEFINITION OF DISASTER.—Section 3(k) of the Small
Business Act (15 U.S.C. 632(k)) is amended—
(A) by inserting ‘‘(1)’’ after ‘‘(k)’’; and
(B) by adding at the end the following:
‘‘(2) For purposes of section 7(b)(2), the term ‘disaster’
includes—
‘‘(A) drought; and
‘‘(B) below average water levels in the Great Lakes, or
on any body of water in the United States that supports com-
merce by small business concerns.’’.
(2) DROUGHT DISASTER RELIEF AUTHORITY.—Section 7(b)(2)
of the Small Business Act (15 U.S.C. 636(b)(2)) is amended—
(A) by inserting ‘‘(including drought), with respect to
both farm-related and nonfarm-related small business con-
cerns,’’ before ‘‘if the Administration’’; and
(B) in subparagraph (B), by striking ‘‘the Consolidated
Farmers Home Administration Act of 1961 (7 U.S.C. 1961)’’
and inserting the following: ‘‘section 321 of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1961), in which
case, assistance under this paragraph may be provided
to farm-related and nonfarm-related small business con-
cerns, subject to the other applicable requirements of this
paragraph’’.
Reports.
Deadline.
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(b) LIMITATION ON LOANS.—From funds otherwise appropriated
for loans under section 7(b) of the Small Business Act (15 U.S.C.
636(b)), not more than $9,000,000 may be used during each of
fiscal years 2005 through 2008, to provide drought disaster loans
to nonfarm-related small business concerns in accordance with this
section and the amendments made by this section.
(c) 
PROMPT
RESPONSE
TO
DISASTER
REQUESTS.—Section
7(b)(2)(D) of the Small Business Act (15 U.S.C. 636(b)(2)(D)) is
amended by striking ‘‘Upon receipt of such certification, the
Administration may’’ and inserting ‘‘Not later than 30 days after
the date of receipt of such certification by a Governor of a State,
the Administration shall respond in writing to that Governor on
its determination and the reasons therefore, and may’’.
(d) RULEMAKING.—Not later than 45 days after the date of
enactment of this Act, the Administrator of the Small Business
Administration shall promulgate final rules to carry out this section
and the amendments made by this section.
SEC. 846. EXTENSION OF LIMITED ACQUISITION AUTHORITY FOR THE
COMMANDER OF THE UNITED STATES JOINT FORCES
COMMAND.
(a) EXTENSION OF AUTHORITY.—Subsection (f) of section 167a
of title 10, United States Code, is amended—
(1) by striking ‘‘through 2006’’ and inserting ‘‘through
2008’’; and
(2) by striking ‘‘September 30, 2006’’ and inserting ‘‘Sep-
tember 30, 2008’’.
(b) REPORT.—Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report on the implementation of section 167a
of title 10, United States Code.
SEC. 847. CIVILIAN BOARD OF CONTRACT APPEALS.
(a) IN GENERAL.—The Office of Federal Procurement Policy
Act (41 U.S.C. 401 et seq.) is amended by adding at the end
the following new section:
‘‘SEC. 42. CIVILIAN BOARD OF CONTRACT APPEALS.
‘‘(a) BOARD ESTABLISHED.—There is established in the General
Services Administration a board of contract appeals to be known
as the Civilian Board of Contract Appeals (in this section referred
to as the ‘Civilian Board’).
‘‘(b) MEMBERSHIP.—
‘‘(1) APPOINTMENT.—(A) The Civilian Board shall consist
of members appointed by the Administrator of General Services
(in consultation with the Administrator for Federal Procure-
ment Policy) from a register of applicants maintained by the
Administrator of General Services, in accordance with rules
issued by the Administrator of General Services (in consultation
with the Administrator for Federal Procurement Policy) for
establishing and maintaining a register of eligible applicants
and selecting Civilian Board members. The Administrator of
General Services shall appoint a member without regard to
political affiliation and solely on the basis of the professional
qualifications required to perform the duties and responsibil-
ities of a Civilian Board member.
41 USC 438.
Deadline.
15 USC 632 note.
Deadline.
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‘‘(B) The members of the Civilian Board shall be selected
and appointed to serve in the same manner as administrative
law judges appointed pursuant to section 3105 of title 5, United
States Code, with an additional requirement that such members
shall have had not fewer than five years of experience in
public contract law.
‘‘(C) Notwithstanding subparagraph (B) and subject to para-
graph (2), the following persons shall serve as Civilian Board
members: any full-time member of any agency board of contract
appeals other than the Armed Services Board of Contract
Appeals, the Postal Service Board of Contract Appeals, and
the board of contract appeals of the Tennessee Valley Authority
serving as such on the day before the effective date of this
section.
‘‘(2) REMOVAL.—Members of the Civilian Board shall be
subject to removal in the same manner as administrative law
judges, as provided in section 7521 of title 5, United States
Code.
‘‘(3) COMPENSATION.—Compensation for members of the
Civilian Board shall be determined under section 5372a of
title 5, United States Code.
‘‘(c) FUNCTIONS.—
‘‘(1) IN GENERAL.—The Civilian Board shall have jurisdic-
tion as provided by section 8(d) of the Contract Disputes Act
of 1978 (41 U.S.C. 607(b)).
‘‘(2) ADDITIONAL JURISDICTION.—The Civilian Board may,
with the concurrence of the Federal agency or agencies
affected—
‘‘(A) assume jurisdiction over any additional category
of laws or disputes over which an agency board of contract
appeals established pursuant to section 8 of the Contract
Disputes Act exercised jurisdiction before the effective date
of this section; and
‘‘(B) assume any other functions performed by such
a board before such effective date on behalf of such agen-
cies.’’.
(b) TRANSFERS.—The personnel employed in connection with,
and the assets, liabilities, contracts, property, records, and unex-
pended balance of appropriations, authorizations, allocations, and
other funds employed, held, used, arising from, available to, or
to be made available in connection with the functions vested by
law in the agency boards of contract appeals established pursuant
to section 8 of the Contract Disputes Act of 1978 (41 U.S.C. 607)
(as in effect on the day before the effective date described in
subsection (g)) other than the Armed Services Board of Contract
Appeals, the board of contract appeals of the Tennessee Valley
Authority, and the Postal Service Board of Contract Appeals shall
be transferred to the Civilian Board of Contract Appeals for appro-
priate allocation by the Chairman of that Board.
(c) TERMINATION OF BOARDS OF CONTRACT APPEALS.—
(1) TERMINATION.—Effective on the effective date described
in subsection (g), the agency boards of contract appeals estab-
lished pursuant to section 8 of the Contract Disputes Act of
1978 (41 U.S.C. 607) (as in effect on the day before such
effective date), other than the Armed Services Board of Contract
Appeals, the board of contract appeals of the Tennessee Valley
41 USC 607 note.
41 USC 607 note.
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Authority, and the Postal Service Board of Contract Appeals,
shall terminate.
(2) SAVINGS PROVISION.—(A) This section and the amend-
ments made by this section shall not affect any proceedings
pending on the effective date described in subsection (g) before
any agency board of contract appeals terminated by paragraph
(1).
(B) In the case of any such proceedings pending before
an agency board of contract appeals other than the Armed
Services Board of Contract Appeals or the board of contract
appeals of the Tennessee Valley Authority, the proceedings
shall be continued by the Civilian Board of Contract Appeals,
and orders which were issued in any such proceeding by the
agency board shall continue in effect until modified, terminated,
superseded, or revoked by the Civilian Board of Contract
Appeals, by a court of competent jurisdiction, or by operation
of law.
(d) AMENDMENTS TO CONTRACTS DISPUTES ACT.—
(1) AMENDMENTS TO DEFINITIONS.—Section 2 of the Con-
tract Disputes Act of 1978 (41 U.S.C. 601) is amended—
(A) in paragraph (2), by striking ‘‘, the United States
Postal Service, and the Postal Rate Commission’’;
(B) by redesignating paragraph (7) as paragraph (9);
(C) by amending paragraph (6) to read as follows:
‘‘(6) the terms ‘agency board’ or ‘agency board of contract
appeals’ mean—
‘‘(A) the Armed Services Board of Contract Appeals
established under section 8(a)(1) of this Act;
‘‘(B) the Civilian Board of Contract Appeals established
under section 42 of the Office of Federal Procurement Policy
Act (41 U.S.C. 403 et seq.);
‘‘(C) the board of contract appeals of the Tennessee
Valley Authority; or
‘‘(D) the Postal Service Board of Contract Appeals
established under section 8(c) of this Act;’’; and
(D) by inserting after paragraph (6) the following new
paragraphs:
‘‘(7) the term ‘Armed Services Board’ means the Armed
Services Board of Contract Appeals established under section
8(a)(1) of this Act;
‘‘(8) the term ‘Civilian Board’ means the Civilian Board
of Contract Appeals established under section 42 of the Office
of Federal Procurement Policy Act (41 U.S.C. 403 et seq.);
and’’.
(2) AMENDMENTS
RELATING
TO
JURISDICTION.—Section 8
of the Contract Disputes Act of 1978 (41 U.S.C. 607) is
amended—
(A) in subsection (d)—
(i) by striking the first sentence and inserting the
following: ‘‘The Armed Services Board shall have juris-
diction to decide any appeal from a decision of a con-
tracting officer of the Department of Defense, the
Department of the Army, the Department of the Navy,
the Department of the Air Force, or the National Aero-
nautics and Space Administration relative to a contract
made by that department or agency. The Civilian
Board shall have jurisdiction to decide any appeal from
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a decision of a contracting officer of any executive
agency (other than the Department of Defense, the
Department of the Army, the Department of the Navy,
the Department of the Air Force, the National Aero-
nautics and Space Administration, the United States
Postal Service, the Postal Rate Commission, or the
Tennessee Valley Authority) relative to a contract
made by that agency. Each other agency board shall
have jurisdiction to decide any appeal from a decision
of a contracting officer relative to a contract made
by its agency.’’; and
(ii) in the second sentence, by striking ‘‘Claims
Court’’ and inserting ‘‘Court of Federal Claims’’;
(B) by striking subsection (c) and inserting the fol-
lowing:
‘‘(c) There is established an agency board of contract appeals
to be known as the ‘Postal Service Board of Contract Appeals’.
Such board shall have jurisdiction to decide any appeal from a
decision of a contracting officer of the United States Postal Service
or the Postal Rate Commission relative to a contract made by
either agency. Such board shall consist of judges appointed by
the Postmaster General who shall meet the qualifications of and
serve in the same manner as members of the Civilian Board of
Contract Appeals. This Act shall apply to contract disputes before
the Postal Service Board of Contract Appeals in the same manner
as they apply to contract disputes before the Civilian Board.’’.
(3) CONFORMING AMENDMENTS.—Section 8 of the Contract
Disputes Act of 1978 (41 U.S.C. 607) is further amended—
(A) in subsection (a)(1)—
(i) by striking ‘‘Except as provided in paragraph
(2) an agency board of contract appeals’’ and inserting
‘‘An Armed Services Board of Contract Appeals’’; and
(ii) by striking ‘‘an executive agency when the
agency head’’ and inserting ‘‘the Department of Defense
when the Secretary of Defense’’; and
(B) in subsection (b)(1)—
(i) by striking ‘‘Except as provided in paragraph
(2), the members of agency boards’’ and inserting ‘‘The
members of the Armed Services Board of Contract
Appeals’’;
(ii) in the second sentence, by striking ‘‘agency
boards’’ and inserting ‘‘such Board’’;
(iii) in the third sentence, by striking ‘‘each board’’
and inserting ‘‘such Board’’ and by striking ‘‘the agency
head’’ and inserting ‘‘the Secretary of Defense’’; and
(iv) in the fourth sentence, by striking ‘‘an agency
board’’ and inserting ‘‘such Board’’.
(4) REPEAL
OF
OBSOLETE
PROVISIONS.—Section 8 of the
Contract Disputes Act of 1978 (41 U.S.C. 607) is further
amended by striking subsections (h) and (i).
(e) REFERENCES.—Any reference to an agency board of contract
appeals other than the Armed Services Board of Contract Appeals,
the board of contract appeals of the Tennessee Valley Authority,
or the Postal Service Board of Contract Appeals in any provision
of law or in any rule, regulation, or other paper of the United
States shall be treated as referring to the Civilian Board of Contract
41 USC 607 note.
Applicability.
Establishment.
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Appeals established under section 42 of the Office of Federal
Procurement Policy Act.
(f) CONFORMING
AND
CLERICAL
AMENDMENTS.—(1) Section
5372a(a)(1) of title 5, United States Code, is amended by inserting
after ‘‘of 1978’’ the following: ‘‘or a member of the Civilian Board
of Contract Appeals appointed under section 42 of the Office of
Federal Procurement Policy Act’’.
(2) The table of contents for the Office of Federal Procurement
Policy Act (contained in section 1(b)) is amended by adding at
the end the following new item:
‘‘42. Civilian Board of Contract Appeals.’’.
(g) EFFECTIVE DATE.—Section 42 of the Office of Federal
Procurement Policy Act, as added by this section, and the amend-
ments and repeals made by this section, shall take effect 1 year
after the date of the enactment of this Act.
SEC. 848. STATEMENT OF POLICY AND REPORT RELATING TO CON-
TRACTING 
WITH 
EMPLOYERS 
OF 
PERSONS 
WITH
DISABILITIES.
(a) EXTENSIONS OF INAPPLICABILITY OF CERTAIN ACTS.—Section
853 of the Ronald W. Reagan National Defense Authorization Act
for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2021) is
amended in subsections (a)(2)(A) and (b)(2)(A) by striking ‘‘2005’’
and inserting ‘‘2006’’.
(b) STATEMENT OF POLICY.—The Secretary of Defense, the Sec-
retary of Education, and the Chairman of the Committee for Pur-
chase From People Who Are Blind or Severely Disabled shall jointly
issue a statement of policy related to the implementation of the
Randolph-Sheppard Act (20 U.S.C. 107 et seq.) and the Javits-
Wagner-O’Day Act (41 U.S.C. 48) within the Department of Defense
and the Department of Education. The joint statement of policy
shall specifically address the application of those Acts to both oper-
ation and management of all or any part of a military mess hall,
military troop dining facility, or any similar dining facility operated
for the purpose of providing meals to members of the Armed Forces,
and shall take into account and address, to the extent practicable,
the positions acceptable to persons representing programs imple-
mented under each Act.
(c) REPORT.—Not later than April 1, 2006, the Secretary of
Defense, the Secretary of Education, and the Chairman of the
Committee for Purchase From People Who Are Blind or Severely
Disabled shall submit to the Committees on Armed Services of
the Senate and the House of Representatives, the Committee on
Health, Education, Labor and Pensions of the Senate, and the
Committee on Education and the Workforce of the House of Rep-
resentatives a report describing the joint statement of policy issued
under subsection (b), with such findings and recommendations as
the Secretaries consider appropriate.
SEC. 849. STUDY ON DEPARTMENT OF DEFENSE CONTRACTING WITH
SMALL BUSINESS CONCERNS OWNED AND CONTROLLED
BY SERVICE-DISABLED VETERANS.
(a) STUDY REQUIRED.—The Secretary of Defense shall conduct
a study on Department of Defense procurement contracts with
small business concerns owned and controlled by service-disabled
veterans.
41 USC 46 note.
41 USC 46 note.
5 USC 5372a
note.
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(b) ELEMENTS OF STUDY.—The study required by subsection
(a) shall include the following determinations:
(1) Any steps taken by the Department of Defense to meet
the Government-wide goal of participation by small business
concerns owned and controlled by service-disabled veterans in
at least 3 percent of the total value of all prime contract
and subcontract awards, as required under section 15(g) of
the Small Business Act (15 U.S.C. 644(g)).
(2) If the Department of Defense has failed to meet such
goal, an explanation of the reasons for such failure.
(3) Any steps taken within the Department of Defense
to make contracting officers aware of the 3 percent goal and
to ensure that procurement officers are working actively to
achieve such goal.
(4) An estimate of the number of appropriately qualified
small business concerns owned and controlled by service-dis-
abled veterans which submitted responsive offers on contracts
with the Department of Defense during the preceding fiscal
year.
(5) Any outreach efforts made by the Department to enter
into contracts with small business concerns owned and con-
trolled by service-disabled veterans.
(6) Any additional outreach efforts the Department should
make.
(7) The appropriate role of prime contractors in achieving
goals established for small business concerns owned and con-
trolled by service-disabled veterans under section 36 of the
Small Business Act (15 U.S.C. 657f).
(c) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the findings of the study conducted under this section.
(d) SMALL BUSINESS CONCERN OWNED AND CONTROLLED BY
SERVICE-DISABLED VETERANS.—In this section, the term ‘‘small
business concern owned and controlled by service-disabled veterans’’
has the meaning given that term in section 3(q) of the Small
Business Act (15 U.S.C. 632(q)).
TITLE IX—DEPARTMENT OF DEFENSE
ORGANIZATION AND MANAGEMENT
SUBTITLE A—GENERAL DEPARTMENT OF DEFENSE MANAGEMENT MATTERS
Sec. 901. Parity in pay levels among Under Secretary positions.
Sec. 902. Expansion of eligibility for leadership of Department of Defense Test Re-
source Management Center.
Sec. 903. Standardization of authority for acceptance of gifts and donations for De-
partment of Defense regional centers for security studies.
Sec. 904. Directors of Small Business Programs in Department of Defense and mili-
tary departments.
Sec. 905. Plan to defend the homeland against cruise missiles and other low-alti-
tude aircraft.
Sec. 906. Provision of audiovisual support services by White House Communica-
tions Agency on nonreimbursable basis.
Sec. 907. Report on establishment of a Deputy Secretary of Defense for Manage-
ment.
Sec. 908. Responsibility of the Joint Chiefs of Staff as military advisers to the
Homeland Security Council.
Sec. 909. Improvement in health care services for residents of Armed Forces Retire-
ment Home.
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SUBTITLE B—SPACE ACTIVITIES
Sec. 911. Space Situational Awareness Strategy and space control mission review.
Sec. 912. Military satellite communications.
Sec. 913. Operationally responsive space.
Sec. 914. Report on use of Space Radar for topographical mapping for scientific and
civil purposes.
Sec. 915. Sense of Congress regarding national security aspect of United States
preeminence in human spaceflight.
SUBTITLE C—CHEMICAL DEMILITARIZATION PROGRAM
Sec. 921. Clarification of Cooperative Agreement Authority under Chemical Demili-
tarization Program.
Sec. 922. Chemical demilitarization facilities.
SUBTITLE D—INTELLIGENCE-RELATED MATTERS
Sec. 931. Department of Defense Strategy for Open-Source Intelligence.
Sec. 932. Comprehensive inventory of Department of Defense Intelligence and In-
telligence-related programs and projects.
Sec. 933. Operational files of the Defense Intelligence Agency.
Subtitle A—General Department of
Defense Management Matters
SEC. 901. PARITY IN PAY LEVELS AMONG UNDER SECRETARY POSI-
TIONS.
(a) POSITIONS OF UNDER SECRETARIES OF MILITARY DEPART-
MENTS RAISED TO LEVEL III OF THE EXECUTIVE SCHEDULE.—Section
5314 of title 5, United States Code, is amended by inserting after
‘‘Under Secretary of Defense for Intelligence’’ the following:
‘‘Under Secretary of the Air Force.
‘‘Under Secretary of the Army.
‘‘Under Secretary of the Navy.’’.
(b) CONFORMING AMENDMENT.—Section 5315 of such title is
amended by striking the following:
‘‘Under Secretary of the Air Force.
‘‘Under Secretary of the Army.
‘‘Under Secretary of the Navy.’’.
SEC. 902. EXPANSION OF ELIGIBILITY FOR LEADERSHIP OF DEPART-
MENT OF DEFENSE TEST RESOURCE MANAGEMENT
CENTER.
(a) DIRECTOR OF CENTER.—Paragraph (1) of section 196(b) of
title 10, United States Code, is amended by striking ‘‘commissioned
officers’’ and all that follows through the end of the sentence and
inserting ‘‘individuals who have substantial experience in the field
of test and evaluation.’’.
(b) DEPUTY DIRECTOR OF CENTER.—Paragraph (2) of such sec-
tion is amended by striking ‘‘senior civilian officers and employees
of the Department of Defense’’ and inserting ‘‘individuals’’.
SEC. 903. STANDARDIZATION OF AUTHORITY FOR ACCEPTANCE OF
GIFTS AND DONATIONS FOR DEPARTMENT OF DEFENSE
REGIONAL CENTERS FOR SECURITY STUDIES.
(a) AUTHORITY TO ACCEPT.—
(1) IN GENERAL.—Section 2611 of title 10, United States
Code, is amended to read as follows:
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‘‘§ 2611. Regional centers for security studies: acceptance of
gifts and donations
‘‘(a) AUTHORITY TO ACCEPT GIFTS AND DONATIONS.—(1) Subject
to subsection (c), the Secretary of Defense may, on behalf of any
Department of Defense regional center for security studies, any
combination of such centers, or such centers generally, accept from
any source specified in subsection (b) any gift or donation for
purposes of defraying the costs or enhancing the operation of such
a center, combination of centers, or centers generally, as the case
may be.
‘‘(2) For purposes of this section, the Department of Defense
regional centers for security studies are the following:
‘‘(A) The George C. Marshall European Center for Security
Studies.
‘‘(B) The Asia-Pacific Center for Security Studies.
‘‘(C) The Center for Hemispheric Defense Studies.
‘‘(D) The Africa Center for Strategic Studies.
‘‘(E) The Near East South Asia Center for Strategic Studies.
‘‘(b) SOURCES.—The sources from which gifts and donations
may be accepted under subsection (a) are the following:
‘‘(1) The government of a State or a political subdivision
of a State.
‘‘(2) The government of a foreign country.
‘‘(3) A foundation or other charitable organization, including
a foundation or charitable organization this is organized or
operates under the laws of a foreign country.
‘‘(4) Any source in the private sector of the United States
or a foreign country.
‘‘(c) LIMITATION.—The Secretary may not accept a gift or dona-
tion under subsection (a) if acceptance of the gift or donation
would compromise or appear to compromise—
‘‘(1) the ability of the Department of Defense, any employee
of the Department, or any member of the armed forces to
carry out the responsibility or duty of the Department in a
fair and objective manner; or
‘‘(2) the integrity of any program of the Department, or
of any person involved in such a program.
‘‘(d) CRITERIA FOR ACCEPTANCE.—The Secretary shall prescribe
written guidance setting forth the criteria to be used in determining
whether the acceptance of a gift or donation would have a result
described in subsection (c).
‘‘(e) CREDITING OF FUNDS.—Funds accepted by the Secretary
under section (a) shall be credited to appropriations available to
the Department of Defense for the regional center, combination
of centers, or centers generally for which accepted. Funds so credited
shall be merged with the appropriations to which credited and
shall be available for the regional center, combination of centers,
or centers generally, as the case may be, for the same purposes
as the appropriations with which merged. Any funds accepted under
this section shall remain available until expended.
‘‘(f) GIFT OR DONATION DEFINED.—In this section, the term
‘gift or donation’ means any gift or donation of funds, materials
(including research materials), real or personal property, or services
(including lecture services and faculty services).’’.
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(2) CLERICAL AMENDMENT.—The item relating to section
2611 in the table of sections at the beginning of chapter 155
of such title is amended to read as follows:
‘‘2611. Regional centers for security studies: acceptance of gifts and donations.’’.
(b) ANNUAL REPORT ON GIFT ACCEPTANCE.—Section 184(b)(4)
of title 10, United States Code, is amended by striking ‘‘under
any of the’’ and all that follows and inserting ‘‘under section 2611
of this title.’’.
(c) CONFORMING AMENDMENTS.—
(1) Section 1306 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2892)
is amended—
(A) by striking subsection (a);
(B) by redesignating subsection (b) as subsection (a);
(C) by striking ‘‘(1)’’ the first place it appears;
(D) by redesignating paragraph (2) as subsection (b);
(E) by inserting ‘‘SOURCE OF FUNDS.—’’ before ‘‘Costs
for’’; and
(F) by striking ‘‘paragraph (1)’’ and insertion ‘‘sub-
section (a)’’.
(2) Section 1065 of the National Defense Authorization
Act for Fiscal Year 1997 (10 U.S.C. 113 note) is amended—
(A) by striking subsection (a); and
(B) by redesignating subsections (b) and (c) as sub-
sections (a) and (b), respectively.
SEC. 904. DIRECTORS OF SMALL BUSINESS PROGRAMS IN DEPART-
MENT OF DEFENSE AND MILITARY DEPARTMENTS.
(a) REDESIGNATION OF EXISTING POSITIONS AND OFFICES.—
(1) POSITIONS
REDESIGNATED.—The following positions
within the Department of Defense are redesignated as follows:
(A) The Director of Small and Disadvantaged Business
Utilization of the Department of Defense is redesignated
as the Director of Small Business Programs of the Depart-
ment of Defense.
(B) The Director of Small and Disadvantaged Business
Utilization of the Department of the Army is redesignated
as the Director of Small Business Programs of the Depart-
ment of the Army.
(C) The Director of Small and Disadvantaged Business
Utilization of the Department of the Navy is redesignated
as the Director of Small Business Programs of the Depart-
ment of the Navy.
(D) The Director of Small and Disadvantaged Business
Utilization of the Department of the Air Force is redesig-
nated as the Director of Small Business Programs of the
Department of the Air Force.
(2) OFFICES REDESIGNATED.—The following offices within
the Department of Defense are redesignated as follows:
(A) The Office of Small and Disadvantaged Business
Utilization of the Department of Defense is redesignated
as the Office of Small Business Programs of the Depart-
ment of Defense.
(B) The Office of Small and Disadvantaged Business
Utilization of the Department of the Army is redesignated
as the Office of Small Business Programs of the Depart-
ment of the Army.
10 USC 144 note.
10 USC 113 note.
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(C) The Office of Small and Disadvantaged Business
Utilization of the Department of the Navy is redesignated
as the Office of Small Business Programs of the Depart-
ment of the Navy.
(D) The Office of Small and Disadvantaged Business
Utilization of the Department of the Air Force is redesig-
nated as the Office of Small Business Programs of the
Department of the Air Force.
(3) REFERENCES.—Any reference in any law, regulation,
document, paper, or other record of the United States to a
position or office redesignated by paragraph (1) or (2) shall
be deemed to be a reference to the position or office as so
redesignated.
(b) DEPARTMENT OF DEFENSE.—
(1) OSD POSITION
AND
OFFICE.—Chapter 4 of title 10,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 144. Director of Small Business Programs
‘‘(a) DIRECTOR.—There is a Director of Small Business Programs
in the Department of Defense. The Director is appointed by the
Secretary of Defense.
‘‘(b) OFFICE
OF SMALL BUSINESS PROGRAMS.—The Office of
Small Business Programs of the Department of Defense is the
office that is established within the Office of the Secretary of
Defense under section 15(k) of the Small Business Act (15 U.S.C.
644(k)). The Director of Small Business Programs is the head of
such office.
‘‘(c) DUTIES AND POWERS.—(1) The Director of Small Business
Programs shall, subject to paragraph (2), perform such duties
regarding small business programs of the Department of Defense,
and shall exercise such powers regarding those programs, as the
Secretary of Defense may prescribe.
‘‘(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)),
except for the designations of the Director and the Office, applies
to the Director of Small Business Programs.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by adding at the end
the following new item:
‘‘144. Director of Small Business Programs.’’.
(c) DEPARTMENT OF THE ARMY.—
(1) POSITION AND OFFICE.—Chapter 303 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 3024. Director of Small Business Programs
‘‘(a) DIRECTOR.—There is a Director of Small Business Programs
in the Department of the Army. The Director is appointed by
the Secretary of the Army.
‘‘(b) OFFICE
OF SMALL BUSINESS PROGRAMS.—The Office of
Small Business Programs of the Department of the Army is the
office that is established within the Department of the Army under
section 15(k) of the Small Business Act (15 U.S.C. 644(k)). The
Director of Small Business Programs is the head of such office.
‘‘(c) DUTIES AND POWERS.—(1) The Director of Small Business
Programs shall, subject to paragraph (2), perform such duties
regarding small business programs of the Department of the Army,
Applicability.
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and shall exercise such powers regarding those programs, as the
Secretary of the Army may prescribe.
‘‘(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)),
except for the designations of the Director and the Office, applies
to the Director of Small Business Programs.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by adding at the end
the following new item:
‘‘3024. Director of Small Business Programs.’’.
(d) DEPARTMENT OF THE NAVY.—
(1) POSITION AND OFFICE.—Chapter 503 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 5028. Director of Small Business Programs
‘‘(a) DIRECTOR.—There is a Director of Small Business Programs
in the Department of the Navy. The Director is appointed by the
Secretary of the Navy.
‘‘(b) OFFICE
OF SMALL BUSINESS PROGRAMS.—The Office of
Small Business Programs of the Department of the Navy is the
office that is established within the Department of the Navy under
section 15(k) of the Small Business Act (15 U.S.C. 644(k)). The
Director of Small Business Programs is the head of such office.
‘‘(c) DUTIES AND POWERS.—(1) The Director of Small Business
Programs shall, subject to paragraph (2), perform such duties
regarding small business programs of the Department of the Navy,
and shall exercise such powers regarding those programs, as the
Secretary of the Navy may prescribe.
‘‘(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)),
except for the designations of the Director and the Office, applies
to the Director of Small Business Programs.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by adding at the end
the following new item:
‘‘5028. Director of Small Business Programs.’’.
(e) DEPARTMENT OF THE AIR FORCE.—
(1) POSITION AND OFFICE.—Chapter 803 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 8024. Director of Small Business Programs
‘‘(a) DIRECTOR.—There is a Director of Small Business Programs
in the Department of the Air Force. The Director is appointed
by the Secretary of the Air Force.
‘‘(b) OFFICE
OF SMALL BUSINESS PROGRAMS.—The Office of
Small Business Programs of the Department of the Air Force is
the office that is established within the Department of the Air
Force under section 15(k) of the Small Business Act (15 U.S.C.
644(k)). The Director of Small Business Programs is the head of
such office.
‘‘(c) DUTIES AND POWERS.—(1) The Director of Small Business
Programs shall, subject to paragraph (2), perform such duties
regarding small business programs of the Department of the Air
Force, and shall exercise such powers regarding those programs,
as the Secretary of the Air Force may prescribe.
Applicability.
Applicability.
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‘‘(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)),
except for the designations of the Director and the Office, applies
to the Director of Small Business Programs.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by adding at the end
the following new item:
‘‘8024. Director of Small Business Programs.’’.
SEC. 905. PLAN TO DEFEND THE HOMELAND AGAINST CRUISE MIS-
SILES AND OTHER LOW-ALTITUDE AIRCRAFT.
(a) PLAN REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a plan for the defense
of the United States homeland against cruise missiles, unmanned
aerial vehicles, and other low-altitude aircraft that may be launched
in an attack against the United States homeland.
(b) FOCUS OF PLAN.—In developing the plan, the Secretary
shall focus on the role of Department of Defense components in
the defense of the homeland against an attack described in sub-
section (a), but shall also address the role, if any, of other depart-
ments and agencies of the United States Government in that
defense.
(c) ELEMENTS OF PLAN.—The plan shall include the following:
(1) The identification of an official or office within the
Department of Defense to be responsible for coordinating the
implementation of the plan described in subsection (a) from
both an operational and acquisition perspective.
(2) Identification of (A) the capabilities required by the
Department of Defense in order to fulfill the mission of the
Department to defend the homeland against attack by cruise
missiles, unmanned aerial vehicles, and other low-altitude air-
craft, and (B) any current shortfall in those capabilities.
(3) Identification of each element of the Department of
Defense that will be responsible under the plan for acquisition
in order to achieve one or more of the capabilities identified
pursuant to paragraph (2).
(4) A schedule for implementing the plan.
(5) A statement of the funding required to implement the
Department of Defense portion of the plan.
(6) An identification of the roles and missions, if any,
of other departments and agencies of the United States Govern-
ment in contributing to the defense of the homeland against
attack described in paragraph (2).
(d) SCOPE OF PLAN.—The plan shall be coordinated with plans
of the Department of Defense for defending the United States
homeland against attack by short-range to medium-range ballistic
missiles.
SEC. 906. PROVISION OF AUDIOVISUAL SUPPORT SERVICES BY WHITE
HOUSE COMMUNICATIONS AGENCY ON NONREIMBURS-
ABLE BASIS.
(a) PROVISION ON NONREIMBURSABLE BASIS.—Section 912 of
the National Defense Authorization Act for Fiscal Year 1997 (10
U.S.C. 111 note) is amended—
(1) in subsection (a)—
Deadline.
Applicability.
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(A) in the subsection heading, by inserting ‘‘AND AUDIO-
VISUAL SUPPORT SERVICES’’ after ‘‘TELECOMMUNICATIONS
SUPPORT’’; and
(B) by inserting ‘‘and audiovisual support services’’
after ‘‘provision of telecommunications support’’; and
(2) in subsection (b), by inserting ‘‘and audiovisual’’ after
‘‘other than telecommunications’’.
(b) REPEAL OF OBSOLETE PROVISIONS.—Such section is further
amended by striking subsections (d), (e), and (f).
SEC. 907. REPORT ON ESTABLISHMENT OF A DEPUTY SECRETARY OF
DEFENSE FOR MANAGEMENT.
(a) STUDY REQUIRED.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall, as
determined by the Secretary, select one or two Federally Funded
Research and Development Centers to conduct a study of the feasi-
bility and advisability of establishing a Deputy Secretary of Defense
for Management. The Secretary shall provide for each Center con-
ducting a study under this section to submit a report on such
study to the Secretary and to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House
of Representatives not later than December 1, 2006.
(b) CONTENT OF STUDY.—Each study under this section shall
address—
(1) the extent to which the establishment of a Deputy
Secretary of Defense for Management would—
(A) improve the management of the Department of
Defense;
(B) expedite the process of management reform in the
Department; and
(C) enhance the implementation of business systems
modernization in the Department;
(2) the appropriate relationship of the Deputy Secretary
of Defense for Management to other Department of Defense
officials;
(3) the appropriate term of service for a Deputy Secretary
of Defense for Management; and
(4) the experience of any other Federal agencies that have
instituted similar management positions.
(c) 
DEPUTY
SECRETARY
FOR
MANAGEMENT
POSITION
DESCRIBED.—For the purposes of this section, a Deputy Secretary
of Defense for Management is an official who—
(1) serves as the Chief Management Officer of the Depart-
ment of Defense;
(2) is the principal advisor to the Secretary of Defense
on matters relating to the management of the Department
of Defense, including defense business activities, to ensure
Department-wide capability to carry out the strategic plan of
the Department of Defense in support of national security objec-
tives; and
(3) takes precedence in the Department of Defense imme-
diately after the Deputy Secretary of Defense.
SEC. 908. RESPONSIBILITY OF THE JOINT CHIEFS OF STAFF AS MILI-
TARY ADVISERS TO THE HOMELAND SECURITY COUNCIL.
(a) RESPONSIBILITY AS MILITARY ADVISERS.—
(1) IN GENERAL.—Subsection (b) of section 151 of title 10,
United States Code, is amended—
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(A) in paragraph (1), by inserting ‘‘the Homeland Secu-
rity Council,’’ after ‘‘the National Security Council,’’; and
(B) in paragraph (2), by inserting ‘‘the Homeland Secu-
rity Council,’’ after ‘‘the National Security Council,’’.
(2) CONSULTATION BY CHAIRMAN.—Subsection (c)(2) of such
section is amended by inserting ‘‘the Homeland Security
Council,’’ after ‘‘the National Security Council,’’ both places
it appears.
(3) ADVICE AND OPINIONS OF MEMBERS OTHER THAN CHAIR-
MAN.—Subsection (d) of such section is amended—
(A) in paragraph (1), by inserting ‘‘the Homeland Secu-
rity Council,’’ after ‘‘the National Security Council,’’ both
places it appears; and
(B) in paragraph (2), by inserting ‘‘the Homeland Secu-
rity Council,’’ after ‘‘the National Security Council,’’.
(4) ADVICE ON REQUEST.—Subsection (e) of such section
is amended by inserting ‘‘the Homeland Security Council,’’ after
‘‘the National Security Council,’’ both places it appears.
(b) ATTENDANCE
AT
MEETING
OF
HOMELAND
SECURITY
COUNCIL.—Section 903 of the Homeland Security Act of 2002 (6
U.S.C. 493) is amended—
(1) by inserting ‘‘(a) MEMBERS—’’ before ‘‘The members’’;
and
(2) by adding at the end the following new subsection:
‘‘(b) ATTENDANCE OF CHAIRMAN OF JOINT CHIEFS OF STAFF
AT MEETINGS.—The Chairman of the Joint Chiefs of Staff (or,
in the absence of the Chairman, the Vice Chairman of the Joint
Chiefs of Staff) may, in the role of the Chairman of the Joint
Chiefs of Staff as principal military adviser to the Council and
subject to the direction of the President, attend and participate
in meetings of the Council.’’.
SEC. 909. IMPROVEMENT IN HEALTH CARE SERVICES FOR RESIDENTS
OF ARMED FORCES RETIREMENT HOME.
(a) AVAILABILITY OF PHYSICIANS AND DENTISTS; MEDICAL CARE
TRANSPORTATION.—Section 1513 of the Armed Forces Retirement
Home Act of 1991 (24 U.S.C. 413) is amended—
(1) in subsection (a), by striking ‘‘subsection (b)’’ and
inserting ‘‘subsections (b), (c), and (d)’’;
(2) in the third sentence of subsection (b), by striking
‘‘The’’ and inserting ‘‘Except as provided in subsection (d), the’’;
and
(3) by adding at the end the following new subsections:
‘‘(c) AVAILABILITY OF PHYSICIANS AND DENTISTS.—(1) In pro-
viding for the health care needs of residents at a facility of the
Retirement Home under subsection (b), the Retirement Home shall
have a physician and a dentist—
‘‘(A) available at the facility during the daily business
hours of the facility; and
‘‘(B) available on an on-call basis at other times.
‘‘(2) The physicians and dentists required by this subsection
shall have the skills and experience suited to residents of the
facility served by the physicians and dentists.
‘‘(3) To ensure the availability of health care services for resi-
dents of a facility of the Retirement Home, the Chief Operating
Officer, in consultation with the Medical Director, shall establish
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uniform standards, appropriate to the medical needs of the resi-
dents, for access to health care services during and after the daily
business hours of the facility.
‘‘(d) TRANSPORTATION TO MEDICAL CARE OUTSIDE RETIREMENT
HOME FACILITIES.—(1) With respect to each facility of the Retire-
ment Home, the Retirement Home shall provide daily scheduled
transportation to nearby medical facilities used by residents of
the facility. The Retirement Home may provide, based on a deter-
mination of medical need, unscheduled transportation for a resident
of the facility to any medical facility located not more than 30
miles from the facility for the provision of necessary and urgent
medical care for the resident.
‘‘(2) The Retirement Home may not collect a fee from a resident
for transportation provided under this subsection.’’.
(b) COMPTROLLER GENERAL ASSESSMENT.—Not later than 180
days after the date of the enactment of this Act, the Comptroller
General shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report containing—
(1) an assessment of the regulatory oversight and moni-
toring of health care and nursing home care services provided
by the Armed Forces Retirement Home; and
(2) such recommendations as the Comptroller General con-
siders appropriate in light of the results of the assessment.
Subtitle B—Space Activities
SEC. 911. SPACE SITUATIONAL AWARENESS STRATEGY AND SPACE
CONTROL MISSION REVIEW.
(a) FINDINGS.—The Congress finds that—
(1) the Department of Defense has the responsibility, within
the executive branch, for developing the strategy and the sys-
tems of the United States for ensuring freedom to operate
United States space assets affecting national security; and
(2) the foundation of any credible strategy for ensuring
freedom to operate United States space assets is a comprehen-
sive system for space situational awareness.
(b) SPACE SITUATIONAL AWARENESS STRATEGY.—
(1) REQUIREMENT.—The Secretary of Defense shall develop
a strategy, to be known as the ‘‘Space Situational Awareness
Strategy’’, for ensuring freedom to operate United States space
assets affecting national security. The Secretary shall submit
the Space Situational Awareness Strategy to Congress not later
than April 15, 2006. The Secretary shall submit to Congress
an updated, current version of the strategy not later than
April 15 of every odd-numbered year thereafter.
(2) TIME
PERIODS.—The Space Situational Awareness
Strategy shall cover—
(A) the 20-year period from 2006 through 2025; and
(B) three separate successive periods, the first begin-
ning with 2006, designed to align with the next three
periods for the Future-Years Defense Plan.
(3) MATTERS
TO
BE
INCLUDED.—The Space Situational
Awareness Strategy shall include the following for each period
specified in paragraph (2):
Deadlines.
10 USC 2271
note.
Deadline.
Reports.
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(A) A threat assessment describing the perceived
threats to United States space assets affecting national
security.
(B) A list of the desired effects and required space
situational awareness capabilities required for national
security.
(C) Details for a coherent and comprehensive strategy
for the United States for space situational awareness,
together with a description of the systems architecture
to implement that strategy in light of the threat assessment
and the desired effects and required capabilities identified
under subparagraphs (A) and (B).
(D) The space situational awareness capabilities
roadmap required by subsection (c).
(c) SPACE SITUATIONAL AWARENESS CAPABILITIES ROADMAP.—
The Space Situational Awareness Strategy shall include a roadmap,
to be known as the ‘‘space situational awareness capabilities
roadmap’’, which shall include the following:
(1) A description of each of the individual program concepts
that will make up the systems architecture described pursuant
to subsection (b)(3)(C).
(2) For each such program concept, a description of the
specific capabilities to be achieved and the threats to be abated.
(d) SPACE SITUATIONAL AWARENESS IMPLEMENTATION PLAN.—
(1) REQUIREMENT.—The Secretary of the Air Force shall
develop a plan, to be known as the ‘‘space situational awareness
implementation plan’’, for the development of the systems
architecture described pursuant to subsection (b)(3)(C).
(2) MATTERS
TO
BE
INCLUDED.—The space situational
awareness implementation plan shall include a description of
the following:
(A) The capabilities of all systems deployed as of mid-
2005 or planned for modernization or acquisition from 2006
to 2015.
(B) Recommended solutions for inadequacies in the
architecture to address threats and the desired effects and
required capabilities identified under subparagraphs (A)
and (B) of subsection (b)(3).
(e) SPACE CONTROL MISSION REVIEW AND ASSESSMENT.—
(1) REQUIREMENT.—The Secretary of Defense shall provide
for a review and assessment of the requirements of the Depart-
ment of Defense for the space control mission. The review
and assessment shall be conducted by an entity of the Depart-
ment of Defense outside of the Department of the Air Force.
(2) MATTERS TO BE INCLUDED.—The review and assessment
under paragraph (1) shall consider the following:
(A) Whether current activities of the Department of
Defense match current requirements of the Department
for the current space control mission.
(B) Whether there exists proper allocation of appro-
priate resources to fulfill the current space control mission.
(C) The plans of the Department of Defense for the
future space control mission.
(3) REPORT.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the results
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of the review and assessment under paragraph (1). The report
shall include the following:
(A) The findings and conclusions of the entity con-
ducting the review and assessment on (A) requirements
of the Department of Defense for the space control mission,
and (B) the efforts of the Department to meet those require-
ments.
(B) Recommendations regarding the best means by
which the Department may meet those requirements.
(4) SPACE CONTROL MISSION DEFINED.—In this subsection,
the term ‘‘space control mission’’ means the mission of the
Department of Defense involving the following:
(A) Space situational awareness.
(B) Defensive counterspace operations.
(C) Offensive counterspace operations.
SEC. 912. MILITARY SATELLITE COMMUNICATIONS.
(a) FINDINGS.—Congress finds the following:
(1) Military requirements for satellite communications
exceed the capability of on-orbit assets as of mid-2005.
(2) To meet future military requirements for satellite
communications, the Secretary of the Air Force has initiated
a highly complex and revolutionary program called the Trans-
formational Satellite Communications System (TSAT).
(3) If the program referred to in paragraph (2) experiences
setbacks that prolong the development and deployment of the
capability to be provided by that program, the Secretary of
the Air Force must be prepared to implement contingency pro-
grams to achieve interim improvements in the capabilities of
satellite communications to meet military requirements through
upgrades to current systems.
(b) DEVELOPMENT OF OPTIONS.—In order to prepare for the
contingency referred to in subsection (a)(3), the Director of the
National Security Space Office of the Department of Defense shall
provide for an assessment, to be conducted by an entity outside
the Department of Defense, to develop and compare options for
the individual acquisition of additional Advanced Extremely High
Frequency space vehicles, in conjunction with modifications to
future acquisitions under the Wideband Gapfiller System program,
that will accomplish the following:
(1) Minimize nonrecurring costs.
(2) Improve communications-on-the-move capabilities.
(3) Increase net centricity for communications.
(4) Increase satellite throughput.
(5) Increase user connectivity.
(6) Improve airborne communications support.
(7) Minimize effects of a break in production.
(8) Minimize risk associated with gaps in functional avail-
ability of on-orbit assets.
(c) ANALYSIS OF ALTERNATIVES REPORT.—Not later than April
15, 2006, the Director of the National Security Space Office shall
submit to Congress a report providing an analysis of alternatives
with respect to the options developed pursuant to subsection (b).
The analysis of alternatives shall be prepared taking into consider-
ation the findings and recommendations of the independent assess-
ment conducted under subsection (b).
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SEC. 913. OPERATIONALLY RESPONSIVE SPACE.
(a) JOINT OPERATIONALLY RESPONSIVE SPACE PAYLOAD TECH-
NOLOGY ORGANIZATION.—
(1) IN GENERAL.—The Secretary of Defense shall establish
or designate an organization in the Department of Defense
to coordinate joint operationally responsive space payload tech-
nology.
(2) MASTER PLAN.—The organization established or des-
ignated under paragraph (1) shall produce an annual master
plan for coordination of operationally responsive space payload
technology and shall coordinate resources provided to stimulate
technical development of small satellite payloads. The annual
master plan shall describe focus areas for development of oper-
ationally responsive space payload technology, including—
(A) miniaturization technology for satellite payloads;
(B) increased sensor acuity;
(C) concept of operations exploration;
(D) increased processor capability; and
(E) such additional matters as the head of that
organization determines appropriate.
(3) REQUESTS FOR PROPOSALS.—The Secretary of Defense,
acting through the Director of the Office of Force Trans-
formation, shall award contracts, from amounts available for
that purpose for any fiscal year, for technology projects that
support the focus areas set out in the master plan for develop-
ment of operationally responsive space payload technology.
(4) ASSESSMENT FACTORS.—In assessing any proposal sub-
mitted for a contract under paragraph (3), the Secretary shall
consider—
(A) how the proposal correlates to the goals articulated
in the master plan under paragraph (2) and to the National
Security Space Architecture; and
(B) the probability, for the project for which the pro-
posal is submitted, of eventual transition either to a labora-
tory of one of the military departments for continued
development or to a joint program office for operational
deployment.
(b) REPORT
ON JOINT PROGRAM OFFICE
FOR TACSAT.—Not
later than February 28, 2006, the Secretary of Defense shall submit
to the congressional defense committees a report providing a plan
for the creation of a joint program office for the Tactical Satellite
program and for transition of that program out of the Office of
Force Transformation and to the administration of the joint program
office. The report shall be prepared in conjunction with the Depart-
ment of Defense executive agent for space.
(c) JOINT REPORT ON CERTAIN SPACE AND MISSILE DEFENSE
ACTIVITIES.—Not later than February 28, 2006, the Department
of Defense executive agent for space and the Director of the Missile
Defense Agency shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House
of Representatives a joint report on the value of each of the fol-
lowing:
(1) Increased use of the Rocket Systems Launch Program
for the respective missions of the Department of the Air Force
and the Missile Defense Agency.
(2) An agreement between the Director of the Missile
Defense Agency and the Secretary of the Air Force for eventual
Contracts.
Establishment.
10 USC 2273a
note.
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transition of operational control of small satellite demonstra-
tions from the Missile Defense Agency to the Department of
the Air Force.
(3) A partnership between the Missile Defense Agency and
the Department of the Air Force in the development of common
high-altitude and near-space assets for the respective missions
of the Missile Defense Agency and the Department of the
Air Force.
SEC. 914. REPORT ON USE OF SPACE RADAR FOR TOPOGRAPHICAL
MAPPING FOR SCIENTIFIC AND CIVIL PURPOSES.
(a) REPORT REQUIRED.—Not later than October 1, 2006, the
Secretary of Defense shall submit to the congressional defense
committees a report on the feasibility and advisability of using
systems developed within the Space Radar program of the Depart-
ment of Defense for purposes of providing coastal zone and other
topographical mapping information, and related information, to the
scientific community and other elements of the private sector for
scientific and civil purposes.
(b) REPORT ELEMENTS.—The report required by subsection (a)
shall include the following:
(1) A description and evaluation of any use of Space Radar
systems for scientific or civil purposes that is identified by
the Secretary for purposes of the report.
(2) A description and evaluation of any addition or modifica-
tion to Space Radar systems that is identified by the Secretary
for purposes of the report that would increase the utility of
those systems to the scientific community or other elements
of the private sector for scientific or civil purposes, including
the use of additional frequencies, the development or enhance-
ment of ground systems, and the enhancement of operations.
(3) A description and evaluation of the effects, if any,
on the primary missions of the Space Radar, and on the develop-
ment of the Space Radar, of the use of systems developed
within the Space Radar program for scientific or civil purposes.
(4) A description of the costs of any addition or modification
identified pursuant to paragraph (2).
(5) A description of the process for developing and vali-
dating requirements for the Space Radar, including the involve-
ment of the Civil Applications Committee or other organizations
outside the Department of Defense.
(6) A description and evaluation of the processes that would
be used to modify Space Radar systems in order to meet the
needs of the scientific community, or other elements of the
private sector with respect to the use of those systems for
scientific or civil purposes, and for meeting the costs of such
modifications.
SEC. 915. SENSE OF CONGRESS REGARDING NATIONAL SECURITY
ASPECT OF UNITED STATES PREEMINENCE IN HUMAN
SPACEFLIGHT.
(a) FINDINGS.—The Congress finds that the following:
(1) Preeminence by the United States in human spaceflight
allows the United States to project leadership around the world
and forms an important component of United States national
security.
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(2) Continued development of human spaceflight in low-
Earth orbit, on the Moon, and beyond adds to the overall
national strategic posture.
(3) Human spaceflight enables continued stewardship of
the region between the Earth and the Moon—an area that
is critical and of growing national and international security
relevance.
(4) Human spaceflight provides unprecedented opportuni-
ties for the United States to lead peaceful and productive
international relationships with the world community in sup-
port of United States security and geo-political objectives.
(5) An increasing number of nations are pursuing human
spaceflight and space-related capabilities, including China and
India.
(6) Past investments in human spaceflight capabilities rep-
resent a national resource that can be built upon and leveraged
for a broad range of purposes, including national and economic
security.
(7) The industrial base and capabilities represented by
the Space Transportation System (popularly referred to as the
‘‘space shuttle’’) provide a critical launch capability for the
Nation.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
it is in the national security interest of the United States to main-
tain preeminence in human spaceflight.
Subtitle C—Chemical Demilitarization
Program
SEC. 921. CLARIFICATION OF COOPERATIVE AGREEMENT AUTHORITY
UNDER CHEMICAL DEMILITARIZATION PROGRAM.
(a) AGREEMENTS WITH FEDERALLY RECOGNIZED INDIAN TRIBAL
ORGANIZATIONS.—Section 1412(c)(4) of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521(c)(4)), is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(4)’’;
(2) in the first sentence—
(A) by inserting ‘‘and to tribal organizations’’ after
‘‘to State and local governments’’; and
(B) by inserting ‘‘and tribal organizations’’ after ‘‘assist
those governments’’;
(3) by designating the text beginning ‘‘Additionally, the
Secretary ’’ as subparagraph (B);
(4) in the first sentence of subparagraph (B), as designated
by paragraph (3), by inserting ‘‘, and with tribal organizations,’’
after ‘‘with State and local governments’’; and
(5) by adding at the end the following:
‘‘(C) In this paragraph, the term ‘tribal organization’ has the
meaning given that term in section 4(l) of the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 450b(l)).’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a)—
(1) take effect as of December 5, 1991; and
(2) apply with respect to any cooperative agreement entered
into on or after that date.
50 USC 1521
note.
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SEC. 922. CHEMICAL DEMILITARIZATION FACILITIES.
(a) AUTHORITY TO USE RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION FUNDS TO CONSTRUCT FACILITIES.—The Secretary of
Defense may, using amounts authorized to be appropriated by sec-
tion 201(4) for research, development, test, and evaluation, Defense-
wide and available for chemical weapons demilitarization activities
under the Assembled Chemical Weapons Alternatives program,
carry out construction projects, or portions of construction projects,
for facilities necessary to support chemical demilitarization oper-
ations at each of the following:
(1) Pueblo Army Depot, Colorado.
(2) Blue Grass Army Depot, Kentucky.
(b) SCOPE OF AUTHORITY.—The authority in subsection (a) to
carry out a construction project for facilities includes authority
to carry out planning and design and the acquisition of land for
the construction or improvement of such facilities.
(c) LIMITATION ON AMOUNT OF FUNDS.—The amount of funds
that may be utilized under the authority in subsection (a) may
not exceed $51,000,000.
(d) DURATION OF AUTHORITY.—A construction project, or portion
of a construction project, may not be commenced under the authority
in subsection (a) after September 30, 2006.
(e) NOTICE AND WAIT.—The Secretary may not carry out a
construction project, or portion of a construction project, under
the authority in subsection (a) until the end of the 21-day period
beginning on the date on which the Secretary submits to the
congressional defense committees notice of the Secretary’s intent
to carry out such project and confirms his intent to seek funding
for these projects beginning in fiscal year 2007 through the military
construction appropriations accounts.
Subtitle D—Intelligence-Related Matters
SEC. 931. DEPARTMENT OF DEFENSE STRATEGY FOR OPEN-SOURCE
INTELLIGENCE.
(a) FINDINGS.—Congress makes the following findings:
(1) Open-source intelligence (OSINT) is intelligence that
is produced from publicly available information and is collected,
exploited, and disseminated in a timely manner to an appro-
priate audience for the purpose of addressing a specific intel-
ligence requirement.
(2) With the Information Revolution, the amount, signifi-
cance, and accessibility of open-source information has
expanded significantly, but the intelligence community has not
expanded its exploitation efforts and systems to produce open-
source intelligence.
(3) The production of open-source intelligence is a valuable
intelligence discipline that must be integrated into intelligence
tasking, collection, processing, exploitation, and dissemination
to ensure that United States policymakers are fully and com-
pletely informed.
(4) The dissemination and use of validated open-source
intelligence inherently enables information sharing since open-
source intelligence is produced without the use of sensitive
sources and methods. Open-source intelligence products can
50 USC 403–5
note.
Kentucky.
Colorado.
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be shared with the American public and foreign allies because
of the unclassified nature of open-source intelligence.
(5) The National Commission on Terrorist Attacks Upon
the United States (popularly referred to as the ‘‘9/11 Commis-
sion’’), in its final report released on July 22, 2004, identified
shortfalls in the ability of the United States to use all-source
intelligence, a large component of which is open-source intel-
ligence.
(6) In the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108–458), Congress calls for coordina-
tion of the collection, analysis, production, and dissemination
of open-source intelligence.
(7) The Commission on the Intelligence Capabilities of the
United States Regarding Weapons of Mass Destruction, in its
report to the President released on March 31, 2005, found
that ‘‘the need for exploiting open-source material is greater
now than ever before,’’ but that ‘‘the Intelligence Community’s
open source programs have not expanded commensurate with
either the increase in available information or with the growing
importance of open source data to today’s problems’’.
(b) DEPARTMENT
OF DEFENSE STRATEGY
FOR OPEN-SOURCE
INTELLIGENCE.—
(1) DEVELOPMENT OF STRATEGY.—The Secretary of Defense
shall develop a strategy for the purpose of integrating open-
source intelligence into the Defense intelligence process. The
strategy shall be known as the ‘‘Defense Strategy for Open-
Source Intelligence’’. The strategy shall be incorporated within
the larger Defense intelligence strategy.
(2) SUBMISSION.—The Secretary shall submit to Congress
a report setting forth the strategy developed under paragraph
(1). The report shall be submitted not later than 180 days
after the date of the enactment of this Act.
(c) MATTERS TO BE INCLUDED.—The strategy under subsection
(b) shall include the following:
(1) A plan for providing funds over the period of the future-
years defense program for the development of a robust open-
source intelligence capability for the Department of Defense,
with particular emphasis on exploitation and dissemination.
(2) A description of how management of the collection of
open-source intelligence is currently conducted within the
Department of Defense and how that management can be
improved.
(3) A description of the tools, systems, centers, organiza-
tional entities, and procedures to be used within the Depart-
ment of Defense to perform open-source intelligence tasking,
collection, processing, exploitation, and dissemination.
(4) A description of proven tradecraft for effective exploi-
tation of open-source intelligence, to include consideration of
operational security.
(5) A detailed description on how open-source intelligence
will be fused with all other intelligence sources across the
Department of Defense.
(6) A description of—
(A) a training plan for Department of Defense intel-
ligence personnel with respect to open-source intelligence;
and
Reports.
Deadline.
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(B) open-source intelligence guidance for Department
of Defense intelligence personnel.
(7) A plan to incorporate the function of oversight of open-
source intelligence—
(A) into the Office of the Undersecretary of Defense
for Intelligence; and
(B) into service intelligence organizations.
(8) A plan to incorporate and identify an open-source intel-
ligence specialty into personnel systems of the Department
of Defense, including military personnel systems.
(9) A plan for the use of intelligence personnel of the
reserve components to augment and support the open-source
intelligence mission.
(10) A plan for the use of the Open-Source Information
System for the purpose of exploitation and dissemination of
open-source intelligence.
SEC. 932. COMPREHENSIVE INVENTORY OF DEPARTMENT OF DEFENSE
INTELLIGENCE 
AND 
INTELLIGENCE-RELATED 
PRO-
GRAMS AND PROJECTS.
(a) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional committees specified in subsection (b) a report
providing a comprehensive inventory of Department of Defense
intelligence and intelligence-related programs and projects. The
Secretary shall prepare the inventory in consultation with the
Director of National Intelligence, as appropriate.
(b) COMMITTEES.—The congressional committees referred to in
subsection (a) are the following:
(1) The Committee on Armed Services and the Select Com-
mittee on Intelligence of the Senate.
(2) The Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of Representa-
tives.
SEC. 933. OPERATIONAL FILES OF THE DEFENSE INTELLIGENCE
AGENCY.
(a) PROTECTION
OF OPERATIONAL FILES
OF DEFENSE INTEL-
LIGENCE AGENCY.—
(1) PROTECTION OF FILES.—Title VII of the National Secu-
rity Act of 1947 (50 U.S.C. 431 et seq.) is amended by adding
at the end the following new section:
‘‘OPERATIONAL FILES OF THE DEFENSE INTELLIGENCE AGENCY
‘‘SEC. 705. (a) EXEMPTION OF OPERATIONAL FILES.—The Director
of the Defense Intelligence Agency, in coordination with the Director
of National Intelligence, may exempt operational files of the Defense
Intelligence Agency from the provisions of section 552 of title 5,
United States Code, which require publication, disclosure, search,
or review in connection therewith.
‘‘(b) OPERATIONAL FILES DEFINED.—(1) In this section, the term
‘operational files’ means—
‘‘(A) files of the Directorate of Human Intelligence of the
Defense Intelligence Agency (and any successor organization
50 USC 432c.
Classified
information.
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PUBLIC LAW 109–163—JAN. 6, 2006
of that directorate) that document the conduct of foreign intel-
ligence or counterintelligence operations or intelligence or secu-
rity liaison arrangements or information exchanges with foreign
governments or their intelligence or security services; and
‘‘(B) files of the Directorate of Technology of the Defense
Intelligence Agency (and any successor organization of that
directorate) that document the means by which foreign intel-
ligence or counterintelligence is collected through technical sys-
tems.
‘‘(2) Files that are the sole repository of disseminated intel-
ligence are not operational files.
‘‘(c) SEARCH AND REVIEW FOR INFORMATION.—Notwithstanding
subsection (a), exempted operational files shall continue to be sub-
ject to search and review for information concerning:
‘‘(1) United States citizens or aliens lawfully admitted for
permanent residence who have requested information on them-
selves pursuant to the provisions of section 552 or 552a of
title 5, United States Code.
‘‘(2) Any special activity the existence of which is not
exempt from disclosure under the provisions of section 552
of title 5, United States Code.
‘‘(3) The specific subject matter of an investigation by any
of the following for any impropriety, or violation of law, Execu-
tive order, or Presidential directive, in the conduct of an intel-
ligence activity:
‘‘(A) The Committee on Armed Services and the Perma-
nent Select Committee on Intelligence of the House of
Representatives.
‘‘(B) The Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
‘‘(C) The Intelligence Oversight Board.
‘‘(D) The Department of Justice.
‘‘(E) The Office of General Counsel of the Department
of Defense or of the Defense Intelligence Agency.
‘‘(F) The Office of Inspector General of the Department
of Defense or of the Defense Intelligence Agency.
‘‘(G) The Office of the Director of the Defense Intel-
ligence Agency.
‘‘(d) INFORMATION DERIVED OR DISSEMINATED FROM EXEMPTED
OPERATIONAL FILES.—(1) Files that are not exempted under sub-
section (a) that contain information derived or disseminated from
exempted operational files shall be subject to search and review.
‘‘(2) The inclusion of information from exempted operational
files in files that are not exempted under subsection (a) shall
not affect the exemption under subsection (a) of the originating
operational files from search, review, publication, or disclosure.
‘‘(3) The declassification of some of the information contained
in an exempted operational file shall not affect the status of the
operational file as being exempt from search, review, publication,
or disclosure.
‘‘(4) Records from exempted operational files that have been
disseminated to and referenced in files that are not exempted
under subsection (a) and that have been returned to exempted
operational files for sole retention shall be subject to search and
review.
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PUBLIC LAW 109–163—JAN. 6, 2006
‘‘(e) 
ALLEGATION; 
IMPROPER
WITHHOLDING
OF
RECORDS;
JUDICIAL REVIEW.—(1) Except as provided in paragraph (2), when-
ever any person who has requested agency records under section
552 of title 5, United States Code, alleges that the Defense Intel-
ligence Agency has withheld records improperly because of failure
to comply with any provision of this section, judicial review shall
be available under the terms set forth in section 552(a)(4)(B) of
title 5, United States Code.
‘‘(2) Judicial review shall not be available in the manner pro-
vided under paragraph (1) as follows:
‘‘(A) In any case in which information specifically author-
ized under criteria established by an Executive order to be
kept secret in the interest of national defense or foreign rela-
tions which is filed with, or produced for, the court by the
Defense Intelligence Agency, such information shall be exam-
ined ex parte, in camera by the court.
‘‘(B) The court shall determine, to the fullest extent prac-
ticable, issues of fact based on sworn written submissions of
the parties.
‘‘(C) When a complainant alleges that requested records
were improperly withheld because of improper placement solely
in exempted operational files, the complainant shall support
such allegation with a sworn written submission based upon
personal knowledge or otherwise admissible evidence.
‘‘(D)(i) When a complainant alleges that requested records
were improperly withheld because of improper exemption of
operational files, the Defense Intelligence Agency shall meet
its burden under section 552(a)(4)(B) of title 5, United States
Code, by demonstrating to the court by sworn written submis-
sion that exempted operational files likely to contain responsible
records currently perform the functions set forth in subsection
(b).
‘‘(ii) The court may not order the Defense Intelligence
Agency to review the content of any exempted operational file
or files in order to make the demonstration required under
clause (i), unless the complainant disputes the Defense Intel-
ligence Agency’s showing with a sworn written submission
based on personal knowledge or otherwise admissible evidence.
‘‘(E) In proceedings under subparagraphs (C) and (D), the
parties shall not obtain discovery pursuant to rules 26 through
36 of the Federal Rules of Civil Procedure, except that requests
for admission may be made pursuant to rules 26 and 36.
‘‘(F) If the court finds under this subsection that the
Defense Intelligence Agency has improperly withheld requested
records because of failure to comply with any provision of
this subsection, the court shall order the Defense Intelligence
Agency to search and review the appropriate exempted oper-
ational file or files for the requested records and make such
records, or portions thereof, available in accordance with the
provisions of section 552 of title 5, United States Code, and
such order shall be the exclusive remedy for failure to comply
with this section (other than subsection (f)).
‘‘(G) If at any time following the filing of a complaint
pursuant to this paragraph the Defense Intelligence Agency
agrees to search the appropriate exempted operational file or
files for the requested records, the court shall dismiss the
claim based upon such complaint.
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PUBLIC LAW 109–163—JAN. 6, 2006
‘‘(H) Any information filed with, or produced for the court
pursuant to subparagraphs (A) and (D) shall be coordinated
with the Director of National Intelligence before submission
to the court.
‘‘(f) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES.—
(1) Not less than once every 10 years, the Director of the Defense
Intelligence Agency and the Director of National Intelligence shall
review the exemptions in force under subsection (a) to determine
whether such exemptions may be removed from a category of
exempted files or any portion thereof. The Director of National
Intelligence must approve any determinations to remove such
exemptions.
‘‘(2) The review required by paragraph (1) shall include consid-
eration of the historical value or other public interest in the subject
matter of the particular category of files or portions thereof and
the potential for declassifying a significant part of the information
contained therein.
‘‘(3) A complainant that alleges that the Defense Intelligence
Agency has improperly withheld records because of failure to comply
with this subsection may seek judicial review in the district court
of the United States of the district in which any of the parties
reside, or in the District of Columbia. In such a proceeding, the
court’s review shall be limited to determining the following:
‘‘(A) Whether the Defense Intelligence Agency has con-
ducted the review required by paragraph (1) before the expira-
tion of the 10-year period beginning on the date of the enact-
ment of this section or before the expiration of the 10-year
period beginning on the date of the most recent review.
‘‘(B) Whether the Defense Intelligence Agency, in fact,
considered the criteria set forth in paragraph (2) in conducting
the required review.
‘‘(g) TERMINATION.—This section shall cease to be effective on
December 31, 2007.’’.
(2) CLERICAL AMENDMENT.—The table of contents in the
first section of the National Security Act of 1947 is amended
by inserting after the item relating to section 704 the following
new item:
‘‘Sec. 705. Operational files of the Defense Intelligence Agency.’’.
(b) SEARCH
AND REVIEW
OF CERTAIN OTHER OPERATIONAL
FILES.—The National Security Act of 1947 is further amended—
(1) in section 702(a)(3)(C) (50 U.S.C. 432(a)(3)(C)), by
adding at the end the following new clause:
‘‘(vi) The Office of the Inspector General of the National
Geospatial-Intelligence Agency.’’;
(2) in section 703(a)(3)(C) (50 U.S.C. 432a(a)(3)(C)), by
adding at the end the following new clause:
‘‘(vii) The Office of the Inspector General of the NRO.’’;
and
(3) in section 704(c)(3) (50 U.S.C. 432b(c)(3)), by adding
at the end the following new subparagraph:
‘‘(H) The Office of the Inspector General of the National
Security Agency.’’.
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PUBLIC LAW 109–163—JAN. 6, 2006
TITLE X—GENERAL PROVISIONS
SUBTITLE A—FINANCIAL MATTERS
Sec. 1001. Transfer authority.
Sec. 1002. Authorization of emergency supplemental appropriations for fiscal years
2005 and 2006.
Sec. 1003. Increase in fiscal year 2005 general transfer authority.
Sec. 1004. Reports on feasibility and desirability of capital budgeting for major de-
fense acquisition programs.
Sec. 1005. United States contribution to NATO common-funded budgets in fiscal
year 2006.
SUBTITLE B—NAVAL VESSELS AND SHIPYARDS
Sec. 1011. Conveyance, Navy drydock, Seattle, Washington.
Sec. 1012. Conveyance, Navy drydock, Jacksonville, Florida.
Sec. 1013. Conveyance, Navy drydock, Port Arthur, Texas.
Sec. 1014. Transfer of battleships U.S.S. WISCONSIN and U.S.S. IOWA.
Sec. 1015. Transfer of ex-U.S.S. Forrest Sherman.
Sec. 1016. Report on leasing of vessels to meet national defense sealift require-
ments.
Sec. 1017. Establishment of the USS Oklahoma Memorial and other memorials at
Pearl Harbor.
Sec. 1018. Authority to use National Defense Sealift Fund to purchase certain mar-
itime prepositioning ships currently under charter to the Navy.
SUBTITLE C—COUNTER-DRUG ACTIVITIES
Sec. 1021. Resumption of reporting requirement regarding Department of Defense
expenditures to support foreign counter-drug activities.
Sec. 1022. Clarification of authority for joint task forces to support law enforcement
agencies conducting counter-terrorism activities.
Sec. 1023. Sense of Congress regarding drug trafficking deterrence.
SUBTITLE D—MATTERS RELATED TO HOMELAND SECURITY
Sec. 1031. Responsibilities of Assistant Secretary of Defense for Homeland Defense
relating to nuclear, chemical, and biological emergency response.
Sec. 1032. Testing of preparedness for emergencies involving nuclear, radiological,
chemical, biological, and high-yield explosives weapons.
Sec. 1033. Department of Defense chemical, biological, radiological, nuclear, and
high-yield explosives response teams.
Sec. 1034. Repeal of Department of Defense emergency response assistance pro-
gram.
Sec. 1035. Report on use of Department of Defense aerial reconnaissance assets to
support Homeland Security border security missions.
SUBTITLE E—REPORTS AND STUDIES
Sec. 1041. Review of Defense Base Act insurance.
Sec. 1042. Report on Department of Defense response to findings and recommenda-
tions of Defense Science Board Task Force on High Performance
Microchip Supply.
SUBTITLE F—OTHER MATTERS
Sec. 1051. Commission on the Implementation of the New Strategic Posture of the
United States.
Sec. 1052. Reestablishment of EMP Commission.
Sec. 1053. Modernization of authority relating to security of defense property and
facilities.
Sec. 1054. Revision of Department of Defense counterintelligence polygraph pro-
gram.
Sec. 1055. Preservation of records pertaining to radioactive fallout from nuclear
weapons testing.
Sec. 1056. Technical and clerical amendments.
Sec. 1057. Deletion of obsolete definitions in titles 10 and 32, United States Code.
Sec. 1058. Support for youth organizations.
Sec. 1059. Special immigrant status for persons serving as translators with United
States Armed Forces.
Sec. 1060. Expansion of emergency services under reciprocal agreements.
Sec. 1061. Renewal of moratorium on return of veterans memorial objects to foreign
nations without specific authorization in law.
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PUBLIC LAW 109–163—JAN. 6, 2006
Sec. 1062. Sense of Congress on national security interest of maintaining aero-
nautics research and development.
Sec. 1063. Airport certification.
SUBTITLE G—MILITARY MAIL MATTERS
Sec. 1071. Safe delivery of mail in military mail system.
Subtitle A—Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—
(1) AUTHORITY.—Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for
fiscal year 2006 between any such authorizations for that fiscal
year (or any subdivisions thereof). Amounts of authorizations
so transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) LIMITATION.—The total amount of authorizations that
the Secretary may transfer under the authority of this section
may not exceed $3,500,000,000.
(b) LIMITATIONS.—The authority provided by this section to
transfer authorizations—
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority
is transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) EFFECT
ON AUTHORIZATION AMOUNTS.—A transfer made
from one account to another under the authority of this section
shall be deemed to increase the amount authorized for the account
to which the amount is transferred by an amount equal to the
amount transferred.
(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPRO-
PRIATIONS FOR FISCAL YEARS 2005 AND 2006.
(a) EMERGENCY
SUPPLEMENTAL
APPROPRIATIONS
ACT
FOR
DEFENSE, THE GLOBAL WAR
ON TERROR, AND TSUNAMI RELIEF,
2005.—Amounts authorized to be appropriated to the Department
of Defense and the Department of Energy for fiscal year 2005
in the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108–375) are hereby adjusted, with
respect to any such authorized amount, by the amount by which
appropriations pursuant to such authorization are increased by
a supplemental appropriation or decreased by a rescission, or both,
or are increased by a transfer of funds, pursuant to title I and
chapter 2 of title IV of division A of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Tsunami Relief, 2005 (Public Law 109–13).
(b) FIRST EMERGENCY SUPPLEMENTAL TO MEET NEEDS ARISING
FROM HURRICANE KATRINA.—Amounts authorized to be appro-
priated to the Department of Defense for fiscal year 2005 in the
Ronald W. Reagan National Defense Authorization Act for Fiscal
Year 2005 (Public Law 108–375) are hereby adjusted, with respect
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PUBLIC LAW 109–163—JAN. 6, 2006
to any such authorized amount, by the amount by which appropria-
tions pursuant to such authorized amount are increased by a supple-
mental appropriation, or by a transfer of funds, pursuant to the
Emergency Supplemental Appropriations Act to Meet Immediate
Needs Arising From the Consequences of Hurricane Katrina, 2005
(Public Law 109–61).
(c) SECOND
EMERGENCY
SUPPLEMENTAL
TO
MEET
NEEDS
ARISING FROM HURRICANE KATRINA.—Amounts authorized to be
appropriated to the Department of Defense for fiscal year 2005
in the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 are hereby adjusted, with respect to any such
authorized amount, by the amount by which appropriations pursu-
ant to such authorized amount are increased by a supplemental
appropriation, or by a transfer of funds, pursuant to the Second
Emergency Supplemental Appropriations Act to Meet Immediate
Needs Arising From the Consequences of Hurricane Katrina, 2005
(Public Law 109–62).
(d) SUPPLEMENTAL APPROPRIATIONS FOR AVIAN FLU PREPARED-
NESS.—Amounts authorized to be appropriated to the Department
of Defense for fiscal year 2006 in this Act are hereby adjusted,
with respect to any such authorized amount, by the amount by
which appropriations pursuant to such authorized amount are
increased by a supplemental appropriation, or by a transfer of
funds, arising from the proposal of the President relating to avian
flu preparedness that was submitted to Congress on November
1, 2006.
(e) AMOUNTS REALLOCATED FOR HURRICANE-RELATED DISASTER
RELIEF.—Amounts authorized to be appropriated to the Department
of Defense for fiscal year 2006 in this Act are hereby adjusted,
with respect to any such authorized amount, by the amount by
which appropriations pursuant to such authorized amount are
increased by a reallocation of funds from the Disaster Relief Fund
of the Federal Emergency Management Agency arising from the
proposal of the Director of the Office of Management and Budget
on the reallocation of amounts for hurricane-related disaster relief
that was submitted to the President on October 28, 2005, and
transmitted to the Speaker of the House of Representatives on
that date.
(f) AMOUNTS FOR HUMANITARIAN ASSISTANCE FOR EARTHQUAKE
VICTIMS IN PAKISTAN.—There is authorized to be appropriated as
emergency supplemental appropriations for the Department of
Defense for fiscal year 2006, $40,000,000 for the use of the Depart-
ment of Defense for overseas, humanitarian, disaster, and civic
aid for the purpose of providing humanitarian assistance to the
victims of the earthquake that devastated northern Pakistan on
October 8, 2005.
(g) REPORTS ON USE OF CERTAIN FUNDS.—
(1) REPORT ON USE OF EMERGENCY SUPPLEMENTAL FUNDS.—
Not later than six months after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congres-
sional defense committees a report on the obligation and
expenditure, as of that date, of any funds appropriated to
the Department of Defense for fiscal year 2005 pursuant to
the Acts referred to in subsections (a), (b), and (c) as authorized
by such subsections. The report shall set forth—
(A) the amounts so obligated and expended; and
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(B) the purposes for which such amounts were so obli-
gated and expended.
(2) REPORT ON EXPENDITURE OF REIMBURSABLE FUNDS.—
The Secretary shall include in the report required by paragraph
(1) a statement of any expenditure by the Department of
Defense of funds that were reimbursable by the Federal Emer-
gency Management Agency, or any other department or agency
of the Federal Government, from funds appropriated in an
Act referred to in subsection (a), (b), or (c) to such department
or agency.
(3) REPORT ON USE OF CERTAIN OTHER FUNDS.—Not later
than May 15, 2006, and quarterly thereafter through November
15, 2006, the Secretary shall submit to the congressional
defense committees a report on the obligation and expenditure,
during the previous fiscal year quarter, of any funds appro-
priated to the Department of Defense as specified in subsection
(d) and any funds reallocated to the Department as specified
in subsection (e). Each report shall, for the fiscal year quarter
covered by such report, set forth—
(A) the amounts so obligated and expended; and
(B) the purposes for which such amounts were so obli-
gated and expended.
(h) REPORT ON ASSISTANCE FOR EARTHQUAKE VICTIMS IN PAKI-
STAN.—Not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congres-
sional defense committees a report describing Department of
Defense efforts to provide relief to victims of the earthquake that
devastated northern Pakistan on October 8, 2005, and assessing
the need for further reconstruction and relief assistance.
SEC. 1003. INCREASE IN FISCAL YEAR 2005 GENERAL TRANSFER
AUTHORITY.
Section 1001(a)(2) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118
Stat. 2034) is amended by striking ‘‘$3,500,000,000’’ and inserting
‘‘$6,185,000,000’’.
SEC. 1004. REPORTS ON FEASIBILITY AND DESIRABILITY OF CAPITAL
BUDGETING FOR MAJOR DEFENSE ACQUISITION PRO-
GRAMS.
(a) CAPITAL BUDGETING DEFINED.—For the purposes of this
section, the term ‘‘capital budgeting’’ means a budget process that—
(1) identifies large capital outlays that are expected to
be made in future years, together with identification of the
proposed means to finance those outlays and the expected bene-
fits of those outlays;
(2) separately identifies revenues and outlays for capital
assets from revenues and outlays for an operating budget;
(3) allows for the issue of long-term debt to finance capital
investments; and
(4) provides the budget authority for acquiring a capital
asset over several fiscal years (rather than in a single fiscal
year at the beginning of such acquisition).
(b) REPORTS REQUIRED.—Not later than July 1, 2006, the Sec-
retary of Defense and the Secretary of each military department
shall each submit to Congress a report analyzing the feasibility
and desirability of using a capital budgeting system for the
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financing of major defense acquisition programs. Each such report
shall address the following matters:
(1) The potential long-term effect on the defense industrial
base of the United States of continuing with the current full
up-front funding system for major defense acquisition programs.
(2) Whether use of a capital budgeting system could create
a more effective decisionmaking process for long-term invest-
ments in major defense acquisition programs.
(3) The manner in which a capital budgeting system for
major defense acquisition programs would affect the budget
planning and formulation process of the military departments.
(4) The types of financial mechanisms that would be needed
to provide funds for such a capital budgeting system.
SEC. 1005. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED
BUDGETS IN FISCAL YEAR 2006.
(a) FISCAL YEAR 2006 LIMITATION.—The total amount contrib-
uted by the Secretary of Defense in fiscal year 2006 for the common-
funded budgets of NATO may be any amount up to, but not in
excess of, the amount specified in subsection (b) (rather than the
maximum amount that would otherwise be applicable to those
contributions under the fiscal year 1998 baseline limitation).
(b) TOTAL AMOUNT.—The amount of the limitation applicable
under subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end
of fiscal year 2005, of funds appropriated for fiscal years before
fiscal year 2006 for payments for those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to
be made under section 2501.
(c) AUTHORIZED AMOUNTS.—Amounts authorized to be appro-
priated by titles II and III of this Act are available for contributions
for the common-funded budgets of NATO as follows:
(1) Of the amount provided in section 201(1), $763,000
for the Civil Budget.
(2) Of the amount provided in section 301(1), $289,447,000
for the Military Budget.
(d) DEFINITIONS.—For purposes of this section:
(1) 
COMMON-FUNDED
BUDGETS
OF
NATO.—The 
term
‘‘common-funded budgets of NATO’’ means the Military Budget,
the Security Investment Program, and the Civil Budget of
the North Atlantic Treaty Organization (and any successor
or additional account or program of NATO).
(2) FISCAL
YEAR
1998
BASELINE
LIMITATION.—The term
‘‘fiscal year 1998 baseline limitation’’ means the maximum
annual amount of Department of Defense contributions for
common-funded budgets of NATO that is set forth as the annual
limitation in section 3(2)(C)(ii) of the resolution of the Senate
giving the advice and consent of the Senate to the ratification
of the Protocols to the North Atlantic Treaty of 1949 on the
Accession of Poland, Hungary, and the Czech Republic (as
defined in section 4(7) of that resolution), approved by the
Senate on April 30, 1998.
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Subtitle B—Naval Vessels and Shipyards
SEC. 1011. CONVEYANCE, NAVY DRYDOCK, SEATTLE, WASHINGTON.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy is
authorized to convey the yard floating drydock YFD–70, located
in Seattle, Washington, to Todd Pacific Shipyards Corporation, that
company being the current user of the drydock.
(b) CONDITION OF CONVEYANCE.—The Secretary shall require
as a condition of the conveyance under subsection (a) that the
drydock remain at the facilities of Todd Pacific Shipyards Corpora-
tion until at least September 30, 2010.
(c) CONSIDERATION.—As consideration for the conveyance of
the drydock under subsection (a), the purchaser shall provide com-
pensation to the United States the value of which, as determined
by the Secretary, is equal to the fair market value of the drydock,
as determined by the Secretary.
(d) TRANSFER AT NO COST TO UNITED STATES.—The provisions
of section 7306(c) of title 10, United States Code, shall apply to
the conveyance under this section.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 1012. CONVEYANCE, NAVY DRYDOCK, JACKSONVILLE, FLORIDA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy is
authorized to convey the medium auxiliary floating drydock SUS-
TAIN (AFDM–7), located in Duval County, Florida, to Atlantic
Marine Property Holding Company, that company being the current
user of the drydock.
(b) CONDITION OF CONVEYANCE.—The Secretary shall require
as a condition of the conveyance under subsection (a) that the
drydock remain at the facilities of Atlantic Marine Property Holding
Company until at least September 30, 2010.
(c) CONSIDERATION.—As consideration for the conveyance of
the drydock under subsection (a), the purchaser shall provide com-
pensation to the United States the value of which, as determined
by the Secretary, is equal to the fair market value of the drydock,
as determined by the Secretary.
(d) TRANSFER AT NO COST TO UNITED STATES.—The provisions
of section 7306(c) of title 10, United States Code, shall apply to
the conveyance under this section.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 1013. CONVEYANCE, NAVY DRYDOCK, PORT ARTHUR, TEXAS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy is
authorized to convey to the port authority of the city of Port Arthur,
Texas, the inactive medium auxiliary floating drydock designated
as AFDM–2, currently administered through the National Defense
Reserve Fleet.
(b) CONDITION OF CONVEYANCE.—The Secretary shall require
as a condition of the conveyance under subsection (a) that the
drydock remain at the facilities of the port authority named in
subsection (a).
Applicability.
Applicability.
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(c) CONSIDERATION.—As consideration for the conveyance of
the drydock under subsection (a), the purchaser shall provide com-
pensation to the United States the value of which, as determined
by the Secretary, is equal to the fair market value of the drydock,
as determined by the Secretary.
(d) TRANSFER AT NO COST TO UNITED STATES.—The provisions
of section 7306(c) of title 10, United States Code, shall apply to
the conveyance under this section.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 1014. TRANSFER OF BATTLESHIPS U.S.S. WISCONSIN AND U.S.S.
IOWA.
(a) TRANSFER
OF BATTLESHIP WISCONSIN.—The Secretary of
the Navy is authorized—
(1) to strike the battleship U.S.S. WISCONSIN (BB–64)
from the Naval Vessel Register; and
(2) to transfer that vessel, by gift or otherwise, in accord-
ance with section 7306 of title 10, United States Code, except
that the Secretary shall require, as a condition of transfer,
that the transferee locate the vessel in the Commonwealth
of Virginia.
(b) TRANSFER OF BATTLESHIP IOWA.—The Secretary of the Navy
is authorized—
(1) to strike the battleship U.S.S. IOWA (BB–61) from
the Naval Vessel Register; and
(2) to transfer that vessel, by gift or otherwise, in accord-
ance with section 7306 of title 10, United States Code, except
that the Secretary shall require, as a condition of transfer,
that the transferee locate the vessel in the State of California.
(c) INAPPLICABILITY OF NOTICE-AND-WAIT REQUIREMENT.—Sec-
tion 7306(d) of title 10, United States Code, does not apply to
the transfer authorized by subsection (a) or the transfer authorized
by subsection (b).
(d) AUTHORITY FOR REVERSION IN EVENT OF NATIONAL EMER-
GENCY.—The Secretary of the Navy shall require that the terms
of the transfer of a vessel under this section include a requirement
that, in the event the President declares a national emergency
pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.),
the transferee of the vessel shall, upon request of the Secretary
of Defense, return the vessel to the United States and that, in
such a case, unless the transferee is otherwise notified by the
Secretary, title to the vessel shall revert immediately to the United
States.
(e) REPEAL OF SUPERSEDED REQUIREMENTS AND AUTHORITIES.—
(1) Section 1011 of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 421)
is repealed.
(2) Section 1011 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105–261;
112 Stat. 2118) is repealed.
SEC. 1015. TRANSFER OF EX-U.S.S. FORREST SHERMAN.
(a) TRANSFER.—The Secretary of the Navy may transfer the
decommissioned destroyer ex-U.S.S. Forrest Sherman (DD–931) to
the USS Forrest Sherman DD–931 Foundation, Inc., a nonprofit
Maryland.
California.
Virginia.
Applicability.
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PUBLIC LAW 109–163—JAN. 6, 2006
organization under the laws of the State of Maryland, subject
to the submission of a donation application for that vessel that
is satisfactory to the Secretary.
(b) APPLICABLE LAW.—The transfer under this section is subject
to subsections (b) and (c) of section 7306 of title 10, United States
Code. Subsection (d) of that section is hereby waived with respect
to such transfer.
(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the transfer under subsection (a) as the Secretary considers appro-
priate.
(d) EXPIRATION OF AUTHORITY.—The authority granted by sub-
section (a) shall expire at the end of the five-year period beginning
on the date of the enactment of this Act.
SEC. 1016. REPORT ON LEASING OF VESSELS TO MEET NATIONAL
DEFENSE SEALIFT REQUIREMENTS.
(a) REPORT REQUIREMENT.—The Secretary of Defense shall
submit to the Committee on Armed Services of the House of Rep-
resentatives and the Committee on Armed Services of the Senate
by no later than March 1, 2006, a report on leasing (including
chartering) of vessels by the Department of Defense to meet national
defense sealift requirements, including leasing under sections 2401
and 2401a of title 10, United States Code.
(b) MATTERS TO BE INCLUDED.—The report under subsection
(a) shall include the following:
(1) A description of—
(A) the portion of national defense sealift requirements
that, during the 3-year period preceding the date of the
enactment of this Act, was met through leasing of vessels;
(B) the portion of such requirements that was met
during that period through use of vessels owned by the
United States; and
(C) for each of the portions described under subpara-
graph (A) and (B), a description of the number of each
type of vessel used to meet such requirements, including
roll-on/roll-off vessels, dry bulk carriers, oilers, and other
vessel types.
(2) With respect to vessels that were leased in the 3-
year period preceding the date of the enactment of this Act—
(A) a listing of such vessels;
(B) identification of the country in which each vessel
was constructed or reconstructed;
(C) identification of the country under the laws of
which each vessel is documented;
(D) with respect to periods during which each vessel
was operated under lease to the Department of Defense,
identification of the routes on which each vessel operated
and the ports at which each vessel called;
(E) the terms of the lease for each vessel that govern—
(i) amounts required to be paid by the United
States;
(ii) the length of the lease term;
(iii) maintenance, repair, and alteration, including
provisions regarding—
(I) alterations required under the lease; and
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(II) qualified maintenance or repair of the
vessel in a foreign shipyard or foreign ship repair
facility; and
(iv) where alterations or qualified maintenance or
repair may be performed; and
(F) a description of qualified maintenance or repair
that was performed on each vessel in the 3-year period
preceding the date of the enactment of this Act, including—
(i) the amounts paid by the lessor for such work;
and
(ii) identification of whether such work was per-
formed in the United States or in a foreign country.
(3) Estimation of any increase in total costs that would
have been incurred by the United States if qualified mainte-
nance or repair that was performed on leased vessels in the
3-year period preceding the date of the enactment of this Act
were required to be performed in the United States.
(4) Other impacts to the economy of the United States
if qualified maintenance or repair that was performed on leased
vessels in the 3-year period preceding the date of the enactment
of this Act were required to be performed in the United States.
(c) QUALIFIED MAINTENANCE OR REPAIR DEFINED.—In this sec-
tion the term ‘‘qualified maintenance or repair’’—
(1) except as provided in paragraph (2), means—
(A) any inspection of a vessel that is—
(i) required under chapter 33 of title 46, United
States Code; and
(ii) performed in a period in which the vessel is
under lease by the Department of Defense;
(B) any maintenance or repair of a vessel that is deter-
mined, in the course of an inspection referred to in subpara-
graph (A), to be necessary to comply with the laws of
the United States; and
(C) any routine maintenance or repair; and
(2) does not include any emergency work that is necessary
to enable a vessel to return to a port in the United States.
SEC. 1017. ESTABLISHMENT OF THE USS OKLAHOMA MEMORIAL AND
OTHER MEMORIALS AT PEARL HARBOR.
(a) ESTABLISHMENT OF THE USS OKLAHOMA MEMORIAL.—Not
later than 90 days after the date of the enactment of this Act,
the Secretary of the Navy, in consultation with the Secretary of
the Interior, shall identify an appropriate site on Ford Island,
Hawaii, for a memorial for the U.S.S. Oklahoma (BB–37). The
Secretary of the Interior shall establish the memorial at the identi-
fied site by authorizing the USS Oklahoma Memorial Foundation
to construct a memorial. The Secretary shall certify that—
(1) the USS Oklahoma Memorial Foundation has sufficient
funding to complete construction of the memorial; and
(2) the memorial meets the requirements of subsection
(c).
(b) ADMINISTRATION OF THE MEMORIAL.—Once established, the
Secretary of the Interior shall administer the USS Oklahoma Memo-
rial as a part of the USS Arizona Memorial, a unit of the National
Park System, in accordance with the laws and regulations applicable
to land administered by the National Park Service and any agree-
ment between the Secretary of the Interior and the Secretary of
Certification.
Deadline.
Hawaii.
16 USC 431 note.
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the Navy. The Secretary of the Navy shall retain administrative
jurisdiction over the land where the USS Oklahoma Memorial is
established.
(c) REQUIREMENTS FOR PEARL HARBOR MEMORIALS.—The site
selection, design, and construction of the USS Oklahoma Memorial
and any memorials established after the date of the enactment
of this Act that are associated with the attack at Pearl Harbor
on December 7, 1941, shall be consistent with the requirements
in the document titled ‘‘Pearl Harbor Naval Complex Design Guide-
lines and Evaluation Criteria for Memorials’’, dated April 2005.
(d) ESTABLISHMENT
AND
OPERATION
OF
TRANSPORTATION
SYSTEM.—The Secretary of the Interior may establish and operate
a transportation system over roads linking the USS Arizona Memo-
rial Visitor Center with one or more of the existing and future
historic sites and historic visitor attractions within the Pearl Harbor
Naval Complex, including Ford Island. Transportation on this
system may be provided with or without charge, directly or through
a contract or concessioner, and without regard to whether service
is provided to sites or attractions that are under the jurisdiction
of or administered by the National Park Service.
SEC. 1018. AUTHORITY TO USE NATIONAL DEFENSE SEALIFT FUND
TO PURCHASE CERTAIN MARITIME PREPOSITIONING
SHIPS CURRENTLY UNDER CHARTER TO THE NAVY.
(a) FISCAL YEAR 2006 LIMITATION.—The authority provided by
subsection (c)(1) of section 2218 of title 10, United States Code,
may not be used for the purchase of more than six vessels described
in subsection (c) using funds appropriated to the National Defense
Sealift Fund for fiscal year 2006.
(b) AUTHORITY.—The Secretary of Defense may purchase any
vessel described in subsection (c) through the use of the authority
in subsection (c)(1) of section 2218 of title 10, United States Code,
without regard to the limitation in subsection (f)(1) of that section.
(c) COVERED VESSELS.—Subsections (a) and (b) apply with
respect to any vessel that as of the date of the enactment of
this Act—
(1) is chartered by the Department of Defense under a
25-year lease; and
(2) is used by the Navy as a maritime prepositioning ship.
(d) TECHNICAL AMENDMENTS
TO UPDATE STATUTE.—Section
2218(f)(1) of title 10, United States Code, is amended—
(1) by striking ‘‘Not more than a total of five vessels built
in foreign ship yards may be’’ and inserting ‘‘A vessel built
in a foreign ship yard may not be’’; and
(2) by inserting before the period at the end the following:
‘‘, unless specifically authorized by law’’.
Subtitle C—Counter-Drug Activities
SEC. 1021. RESUMPTION OF REPORTING REQUIREMENT REGARDING
DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT
FOREIGN COUNTER-DRUG ACTIVITIES.
(a) ADDITIONAL REPORT REQUIRED.—Section 1022 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106–398; 114 Stat. 1654A–
255), as amended by section 1022 of the National Defense
Applicability.
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Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115
Stat. 1215), is further amended by striking ‘‘January 1, 2001, and
April 15, 2002,’’ and inserting ‘‘April 15, 2006,’’.
(b) ADDITIONAL INFORMATION REQUIRED.—Such section is fur-
ther amended—
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new para-
graph (3):
‘‘(3) A description of each base of operation or training
facility established, constructed, or operated using the assist-
ance, including any minor construction projects carried out
using such assistance, and the amount of assistance expended
on base of operations and training facilities.’’.
SEC. 1022. CLARIFICATION OF AUTHORITY FOR JOINT TASK FORCES
TO 
SUPPORT 
LAW 
ENFORCEMENT 
AGENCIES 
CON-
DUCTING COUNTER-TERRORISM ACTIVITIES.
Section 1022 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1594) is amended—
(1) by redesignating subsection (b) as subsection (d); and
(2) by inserting after subsection (a) the following new sub-
sections:
‘‘(b) AVAILABILITY OF FUNDS.—During fiscal years 2006 and
2007, funds available to a joint task force to support counter-
drug activities may also be used to provide the counter-terrorism
support authorized by subsection (a).
‘‘(c) REPORT REQUIRED.—Not later than December 31, 2006,
the Secretary of Defense shall submit to Congress a report evalu-
ating the effect on counter-drug and counter-terrorism activities
and objectives of using counter-drug funds of a joint task force
to provide counter-terrorism support authorized by subsection (a).’’.
SEC. 1023. SENSE OF CONGRESS REGARDING DRUG TRAFFICKING
DETERRENCE.
(a) FINDINGS.—Congress finds the following:
(1) According to the Department of State, drug trafficking
organizations shipped approximately nine tons of cocaine to
the United States through the Dominican Republic in 2004,
and are increasingly using small, high-speed watercraft.
(2) Drug traffickers use the Caribbean corridor to smuggle
narcotics to the United States via Puerto Rico and the Domini-
can Republic. This route is ideal for drug trafficking because
of its geographic expanse, numerous law enforcement jurisdic-
tions, and fragmented investigative efforts.
(3) The tethered aerostat system in Lajas, Puerto Rico,
contributes to deterring and detecting smugglers moving illicit
drugs into Puerto Rico. The aerostat’s range and operational
capabilities allow it to provide surveillance coverage of the
eastern Caribbean corridor and the strategic waterway between
Puerto Rico and the Dominican Republic, known as the Mona
Passage.
(4) Including maritime radar on the Lajas aerostat will
expand its ability to detect suspicious vessels in the eastern
Caribbean corridor.
(b) SENSE OF CONGRESS.—Given the findings contained in sub-
section (a), it is the sense of Congress that—
(1) Congress and the Department of Defense should fund
the Counter-Drug Tethered Aerostat program; and
10 USC 371 note.
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(2) the Department of Defense should install maritime
radar on the Lajas, Puerto Rico, aerostat.
Subtitle D—Matters Related to Homeland
Security
SEC. 1031. RESPONSIBILITIES OF ASSISTANT SECRETARY OF DEFENSE
FOR HOMELAND DEFENSE RELATING TO NUCLEAR,
CHEMICAL, AND BIOLOGICAL EMERGENCY RESPONSE.
Subsection (a) of section 1413 of the Defense Against Weapons
of Mass Destruction Act of 1996 (50 U.S.C. 2313) is amended
to read as follows:
‘‘(a) DEPARTMENT
OF DEFENSE.—The Assistant Secretary of
Defense for Homeland Defense is responsible for the coordination
of Department of Defense assistance to Federal, State, and local
officials in responding to threats involving nuclear, radiological,
biological, chemical weapons, or high-yield explosives or related
materials or technologies, including assistance in identifying,
neutralizing, dismantling, and disposing of nuclear, radiological,
biological, chemical weapons, and high-yield explosives and related
materials and technologies.’’.
SEC. 
1032. 
TESTING 
OF 
PREPAREDNESS 
FOR 
EMERGENCIES
INVOLVING 
NUCLEAR, 
RADIOLOGICAL, 
CHEMICAL,
BIOLOGICAL, AND HIGH-YIELD EXPLOSIVES WEAPONS.
(a) SECRETARY
OF
HOMELAND
SECURITY
FUNCTIONS.—Sub-
section (a) of section 1415 of the Defense Against Weapons of
Mass Destruction Act of 1996 (50 U.S.C. 2315) is amended—
(1) in the subsection heading, by striking ‘‘CHEMICAL OR’’
and inserting ‘‘NUCLEAR, RADIOLOGICAL, CHEMICAL, OR’’;
(2) in paragraph (1)—
(A) by striking ‘‘Secretary of Defense’’ and inserting
‘‘Secretary of Homeland Security’’; and
(B) by striking ‘‘biological weapons and related mate-
rials and emergencies involving’’ and inserting ‘‘nuclear,
radiological, biological, and’’;
(3) in paragraph (2), by striking ‘‘during each of fiscal
years 1997 through 2013’’ and inserting ‘‘in accordance with
sections 102(c) and 430(c)(1) of the Homeland Security Act
of 2002 (6 U.S.C. 112(c), 238(c)(1))’’; and
(4) in paragraph (3)—
(A) by inserting ‘‘the Secretary of Defense,’’ before ‘‘the
Director of the Federal Bureau of Investigation’’; and
(B) by striking ‘‘the Director of the Federal Emergency
Management Agency,’’.
(b) REPEAL OF SECRETARY OF ENERGY FUNCTIONS.—Such sec-
tion is further amended by striking subsection (b).
(c) CONFORMING AMENDMENTS.—Subsection (c) of such section—
(1) is redesignated as subsection (b); and
(2) is amended—
(A) in the first sentence, by striking ‘‘The official
responsible for carrying out a program developed under
subsection (a) or (b) shall revise the program’’ and inserting
‘‘The Secretary of Homeland Security shall revise the pro-
gram developed under subsection (a)’’; and
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(B) in the second sentence, by striking ‘‘the official’’
and inserting ‘‘the Secretary’’.
(d) REPEAL OF OBSOLETE PROVISIONS.—Such section is further
amended by striking subsections (d) and (e).
SEC. 1033. DEPARTMENT OF DEFENSE CHEMICAL, BIOLOGICAL, RADIO-
LOGICAL, 
NUCLEAR, 
AND 
HIGH-YIELD 
EXPLOSIVES
RESPONSE TEAMS.
Section 1414 of the Defense Against Weapons of Mass Destruc-
tion Act of 1996 (50 U.S.C. 2314) is amended as follows:
(1) The heading of such section is amended to read as
follows:
‘‘SEC. 1414. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, AND
HIGH-YIELD EXPLOSIVES RESPONSE TEAM.’’.
(2) Subsection (a) of such section is amended by striking
‘‘or related materials’’ and inserting ‘‘radiological, nuclear, and
high-yield explosives’’.
(3) Subsection (b) of such section is amended—
(A) in the subsection heading, by striking ‘‘PLAN’’ and
inserting ‘‘PLANS’’;
(B) in the first sentence, by striking ‘‘Not later than’’
and all that follows through ‘‘response plans and’’ and
inserting ‘‘The Secretary of Homeland Security shall incor-
porate into the National Response Plan prepared pursuant
to section 502(6) of the Homeland Security Act of 2002
(6 U.S.C. 312(6)), other existing Federal emergency
response plans, and’’; and
(C) in the second sentence—
(i) by striking ‘‘Director’’ and inserting ‘‘Secretary
of Homeland Security’’; and
(ii) by striking ‘‘consultation’’ and inserting
‘‘coordination’’.
SEC. 1034. REPEAL OF DEPARTMENT OF DEFENSE EMERGENCY
RESPONSE ASSISTANCE PROGRAM.
Section 1412 of the Defense Against Weapons of Mass Destruc-
tion Act of 1996 (50 U.S.C. 2312) is repealed.
SEC. 1035. REPORT ON USE OF DEPARTMENT OF DEFENSE AERIAL
RECONNAISSANCE ASSETS TO SUPPORT HOMELAND
SECURITY BORDER SECURITY MISSIONS.
(a) REPORT REQUIRED.—Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives a report
containing the results of a study regarding the use of aerial recon-
naissance equipment of the Department of Defense in missions
in which the Armed Forces support the Department of Homeland
Security in performing its international border security mission.
The Secretary of Defense shall conduct the study and prepare
the report in coordination with the Secretary of Homeland Security.
(b) ELEMENTS OF REPORT.—The report required by subsection
(a) shall include the following:
(1) A description of the current use of aerial reconnaissance
equipment of the Department of Defense to conduct aerial
reconnaissance over the international land and maritime bor-
ders of the United States in missions in which the Armed
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Forces support the Department of Homeland Security in per-
forming its international border security mission.
(2) A statement of the costs of such missions and the
source of funds for such missions.
(3) The conclusions derived from a study of how the Depart-
ment of Defense leverages dual-use aerial reconnaissance assets
and technology, such as unmanned aerial vehicles and tethered
aerostat radars, for both homeland defense and homeland secu-
rity purposes.
Subtitle E—Reports and Studies
SEC. 1041. REVIEW OF DEFENSE BASE ACT INSURANCE.
(a) REVIEW REQUIRED.—The Secretary of Defense shall review
current and future needs, options, and risks associated with Defense
Base Act insurance. The review shall be conducted in coordination
with the Director of the Office of Management and Budget and
appropriate officials of the Department of Labor, the Department
of State, and the United States Agency for International Develop-
ment.
(b) MATTERS TO BE ADDRESSED.—The review under subsection
(a) shall address the following matters:
(1) Cost-effective options for acquiring Defense Base Act
insurance.
(2) Methods for coordinating data collection efforts among
agencies and contractors on numbers of employees, costs of
insurance, and other information relevant to decisions on
Defense Base Act insurance.
(3) Improved communication and coordination within and
among agencies on the implementation of Defense Base Act
insurance.
(4) Actions to be taken to address difficulties in the
administration of Defense Base Act insurance, including on
matters relating to cost, data, enforcement, and claims proc-
essing.
(c) REPORT REQUIRED.—Not later than one year after the date
of the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the results of the
review under subsection (a). The report shall set forth the findings
of the Secretary as a result of the review and such recommenda-
tions, including recommendations for legislative or administrative
action, as the Secretary considers appropriate in light of the review.
(d) DEFENSE BASE ACT INSURANCE DEFINED.—In this section,
the term ‘‘Defense Base Act insurance’’ means workers’ compensa-
tion insurance provided to contractor employees pursuant to the
Defense Base Act (42 U.S.C. 1651 et seq.).
SEC. 1042. REPORT ON DEPARTMENT OF DEFENSE RESPONSE TO
FINDINGS 
AND 
RECOMMENDATIONS 
OF 
DEFENSE
SCIENCE BOARD TASK FORCE ON HIGH PERFORMANCE
MICROCHIP SUPPLY.
(a) REPORT REQUIRED.—Not later than July 1, 2006, the Sec-
retary of Defense shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House
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PUBLIC LAW 109–163—JAN. 6, 2006
of Representatives a report on the implementation of the rec-
ommendations of the Defense Science Board Task Force on High
Performance Microchip Supply.
(b) CONTENTS.—The report required by subsection (a) shall
include the following:
(1) An analysis of each finding of the Task Force.
(2) A detailed description of the response of the Department
of Defense to each recommendation of the Task Force,
including—
(A) for each recommendation that is being implemented
or that the Secretary plans to implement—
(i) a summary of actions that have been taken
to implement the recommendation; and
(ii) a schedule, with specific milestones, for com-
pleting the implementation of the recommendation;
and
(B) for each recommendation that the Secretary does
not plan to implement—
(i) the reasons for the decision not to implement
the recommendation; and
(ii) a summary of alternative actions the Secretary
plans to take to address the purposes underlying the
recommendation.
(3) A summary of any additional actions the Secretary
plans to take to address concerns raised by the Task Force.
Subtitle F—Other Matters
SEC. 1051. COMMISSION ON THE IMPLEMENTATION OF THE NEW STRA-
TEGIC POSTURE OF THE UNITED STATES.
(a) ESTABLISHMENT OF COMMISSION.—
(1) 
ESTABLISHMENT.—There 
is 
hereby 
established 
a
commission to be known as the ‘‘Commission on the
Implementation of the New Strategic Posture of the United
States’’. The Secretary of Defense shall enter into a contract
with a federally funded research and development center to
provide for the organization, management, and support of the
Commission. Such contract shall be entered into in consultation
with the Secretary of Energy. The selection of the federally
funded research and development center shall be made in con-
sultation with the chairman and ranking minority member
of the Committee on Armed Services of the Senate and the
chairman and ranking minority member of the Committee on
Armed Services of the House of Representatives.
(2) COMPOSITION.—
(A) MEMBERSHIP.—The Commission shall be composed
of 12 members who shall be appointed by the Secretary
of Defense. In selecting individuals for appointment to the
Commission, the Secretary of Defense shall consult with
the chairman and ranking minority member of the Com-
mittee on Armed Services of the Senate and the chairman
and ranking minority member of the Committee on Armed
Services of the House of Representatives.
Contracts.
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PUBLIC LAW 109–163—JAN. 6, 2006
(B) QUALIFICATIONS.—Members of the Commission
shall be appointed from among private United States citi-
zens with knowledge and expertise in the political, military,
operational, and technical aspects of nuclear strategy.
(3) CHAIRMAN
OF
THE
COMMISSION.—The Secretary of
Defense shall designate one of the members of the Commission
to serve as chairman of the Commission.
(4) PERIOD OF APPOINTMENT; VACANCIES.—Members shall
be appointed for the life of the Commission. Any vacancy in
the Commission shall be filled in the same manner as the
original appointment.
(5) SECURITY CLEARANCES.—All members of the Commis-
sion shall hold appropriate security clearances.
(b) DUTIES OF COMMISSION.—
(1) REVIEW
OF
IMPLEMENTATION
OF
NUCLEAR
POSTURE
REVIEW.—The 
Commission 
shall 
examine 
programmatic
requirements to achieve the goals set forth in the report of
the Secretary of Defense submitted to Congress on December
31, 2001, providing the results of the Nuclear Posture Review
conducted pursuant to section 1041 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106–398; 114 Stat. 1654,
1654A–262) and results of periodic assessments of the Nuclear
Posture Review. Matters examined by the Commission shall
include the following:
(A) The process of establishing requirements for stra-
tegic forces and how that process accommodates employ-
ment of nonnuclear strike platforms and munitions in a
strategic role.
(B) How strategic intelligence, reconnaissance, and
surveillance requirements differ from nuclear intelligence,
reconnaissance, and surveillance requirements.
(C) The ability of a limited number of strategic plat-
forms to carry out a growing range of nonnuclear strategic
strike missions.
(D) The limits of tactical systems to perform non-
nuclear global strategic missions in a prompt manner.
(E) An assessment of the ability of the current nuclear
stockpile to address the evolving strategic threat environ-
ment through 2008.
(2) RECOMMENDATIONS.—The Commission shall include in
its report recommendations with respect to the following:
(A) Changes to the requirements process to employ
nonnuclear strike platforms and munitions in a strategic
role.
(B) Changes to the nuclear stockpile and infrastructure
required to preserve a nuclear capability commensurate
with the changes to the strategic threat environment
through 2008.
(C) Actions the Secretary of Defense and the Secretary
of Energy can take to preserve flexibility of the defense
nuclear complex while reducing the cost of a Cold War
strategic infrastructure.
(D) Identify shortfalls in the strategic modernization
programs of the United States that would undermine the
ability of the United States to develop new nonnuclear
strategic strike capabilities.
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119 STAT. 3433
PUBLIC LAW 109–163—JAN. 6, 2006
(3) COOPERATION FROM GOVERNMENT.—
(A) COOPERATION.—In carrying out its duties, the
Commission shall receive the full and timely cooperation
of the Secretary of Defense, the Secretary of Energy, and
any other United States Government official in providing
the Commission with analyses, briefings, and other
information necessary for the fulfillment of its responsibil-
ities.
(B) LIAISON WITH DOE & DOD.—The Secretary of Energy
and the Secretary of Defense shall each designate at least
one officer or employee of the Department of Energy and
the Department of Defense, respectively, to serve as a
liaison officer between the department and the Commis-
sion.
(c) REPORTS.—
(1) COMMISSION REPORT.—Not later than June 30, 2007,
the Commission shall submit to the Secretary of Defense and
the Committees on Armed Services of the Senate and House
of Representatives a report on the Commission’s findings and
conclusions.
(2) SECRETARY OF DEFENSE RESPONSE.—
(A) IN GENERAL.—The Secretary of Defense may submit
to the Commission a response to the report of the Commis-
sion under paragraph (1). If the Secretary elects to submit
to the Commission a response to the report of the Commis-
sion, the Secretary shall also submit such response to the
committees specified in paragraph (1).
(B) MATTERS TO BE INCLUDED.—The response, if any,
of the Secretary to the report of the Commission shall
include—
(i) comments on the findings and conclusions of
the Commission; and
(ii) an explanation of what actions, if any, the
Secretary intends to take to implement the rec-
ommendations of the Commission and, with respect
to each such recommendation, the Secretary’s reasons
for implementing, or not implementing, the rec-
ommendation.
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon request of the
chairman of the Commission, the head of any Federal department
or agency may detail, on a nonreimbursable basis, up to three
employees of such department or agency to the Commission to
assist it in carrying out its duties.
(e) FUNDING.—Funds for activities of the Commission shall
be provided from amounts appropriated for the Department of
Defense.
(f) TERMINATION OF COMMISSION.—The Commission shall termi-
nate on July 30, 2007.
(g) IMPLEMENTATION.—
(1) FFRDC CONTRACT.—The Secretary of Defense shall
enter into the contract required under subsection (a)(1) not
later that 60 days after the date of the enactment of this
Act.
(2) FIRST MEETING.—The Commission shall convene its first
meeting not later than 30 days after the date as of which
all members of the Commission have been appointed.
Deadlines.
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PUBLIC LAW 109–163—JAN. 6, 2006
SEC. 1052. REESTABLISHMENT OF EMP COMMISSION.
(a) REESTABLISHMENT.—The commission established pursuant
to title XIV of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law 106–
398; 114 Stat. 1654A–345), known as the Commission to Assess
the Threat to the United States from Electromagnetic Pulse Attack,
is hereby reestablished.
(b) MEMBERSHIP.—The Commission as reestablished shall have
the same membership as the Commission had as of the date of
the submission of the report of the Commission pursuant to section
1403(a) of such Act, as in effect before the date of the enactment
of this Act. Service on the Commission is voluntary, and Commis-
sioners may elect to terminate their service on the Commission.
(c) COMMISSION CHARTER DEFINED.—In this section, the term
‘‘Commission charter’’ means title XIV of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106–398; 114 Stat. 1654A–345 et seq.).
(d) ESTABLISHMENT
AND
PURPOSE.—Section 1401 of the
Commission charter (114 Stat. 1654A–345) is amended—
(1) by striking subsections (e) and (g);
(2) by redesignating subsections (b), (c), and (d) as sub-
sections (c), (d), and (e), respectively;
(3) by inserting after subsection (a) the following new sub-
section (b):
‘‘(b) PURPOSE.—The purpose of the Commission is to monitor,
investigate, make recommendations, and report to Congress on
the evolving threat to the United States from electromagnetic pulse
(hereinafter in this title referred to as ‘EMP’) attack resulting
from the detonation of a nuclear weapon or weapons at high alti-
tude.’’;
(4) in subsection (c), as redesignated by paragraph (2),
by striking the second and third sentences and inserting ‘‘In
the event of a vacancy in the membership of the Commission,
the Secretary of Defense shall appoint a new member.’’; and
(5) in subsection (d), as redesignated by paragraph (2),
by striking ‘‘pulse (hereafter’’ and all that follows and inserting
‘‘pulse effects referred to in subsection (b).’’.
(e) DUTIES OF COMMISSION.—Section 1402 of the Commission
charter (114 Stat. 1654A–346) is amended to read as follows:
‘‘SEC. 1402. DUTIES OF COMMISSION.
‘‘The Commission shall assess the following:
‘‘(1) The vulnerability of electric-dependent military sys-
tems and other electric-dependent systems in the United States
to an EMP attack, giving special attention to the progress,
or lack of progress, by the Department of Defense, other Govern-
ment departments and agencies of the United States, and enti-
ties of the private sector in taking steps to protect such systems
from such an attack.
‘‘(2) The report of the Secretary of Defense submitted to
Congress under section 1403(b) of this Act as in effect before
the enactment of the National Defense Authorization Act for
Fiscal Year 2006.’’.
(f) REPORT.—Section 1403 of the Commission charter (114 Stat.
1654A–345) is amended to read as follows:
50 USC 2301
note.
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119 STAT. 3435
PUBLIC LAW 109–163—JAN. 6, 2006
‘‘SEC. 1403. REPORTS.
‘‘(a) FINAL REPORT.—Not later than June 30, 2007, the Commis-
sion shall submit to Congress a report providing the Commission’s
assessment of the matters specified in section 1402. That report
shall include recommendations for any steps the Commission
believes should be taken by the United States to better protect
systems referred to in section 1402(1) from an EMP attack.
‘‘(b) INTERIM REPORTS.—Before the submission of its report
under subsection (a), the Commission may submit to Congress
interim reports at such times as the Commission considers appro-
priate.’’.
(g) CLERICAL AMENDMENT.—The heading for subsection (c) of
section 1405 of the Commission charter (114 Stat. 1654A–347)
is amended by striking ‘‘COMMISSION’’ and inserting ‘‘PANELS’’.
(h) COMMISSION PERSONNEL MATTERS.—Section 1406(c)(2) of
the Commission charter (114 Stat. 1654A–347) is amended by
striking ‘‘for grade GS–15 of the General Schedule’’ and inserting
‘‘for senior level and scientific or professional positions’’.
(i) FUNDING.—Section 1408 of the Commission charter (114
Stat. 1654A–348) is amended—
(1) by inserting ‘‘for any fiscal year’’ after ‘‘activities of
the Commission’’; and
(2) by striking ‘‘for fiscal year 2001’’ and inserting ‘‘for
that fiscal year’’.
(j) TERMINATION.—Section 1049 of of the Commission charter
(114 Stat. 1654A–348) is amended by striking ‘‘60 days’’ and
inserting ‘‘30 days’’.
SEC. 1053. MODERNIZATION OF AUTHORITY RELATING TO SECURITY
OF DEFENSE PROPERTY AND FACILITIES.
Section 21 of the Internal Security Act of 1950 (50 U.S.C.
797) is amended to read as follows:
‘‘PENALTY FOR VIOLATION OF SECURITY REGULATIONS AND ORDERS
‘‘SEC. 21. (a) MISDEMEANOR VIOLATION OF DEFENSE PROPERTY
SECURITY REGULATIONS.—
‘‘(1) MISDEMEANOR.—Whoever willfully violates any defense
property security regulation shall be fined under title 18, United
States Code, or imprisoned not more than one year, or both.
‘‘(2) 
DEFENSE
PROPERTY
SECURITY
REGULATION
DESCRIBED.—For purposes of paragraph (1), a defense property
security regulation is a property security regulation that, pursu-
ant to lawful authority—
‘‘(A) shall be or has been promulgated or approved
by the Secretary of Defense (or by a military commander
designated by the Secretary of Defense or by a military
officer, or a civilian officer or employee of the Department
of Defense, holding a senior Department of Defense director
position designated by the Secretary of Defense) for the
protection or security of Department of Defense property;
or
‘‘(B) shall be or has been promulgated or approved
by the Administrator of the National Aeronautics and Space
Administration for the protection or security of NASA prop-
erty.
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PUBLIC LAW 109–163—JAN. 6, 2006
‘‘(3) PROPERTY SECURITY REGULATION DESCRIBED.—For pur-
poses of paragraph (2), a property security regulation, with
respect to any property, is a regulation—
‘‘(A) relating to fire hazards, fire protection, lighting,
machinery, guard service, disrepair, disuse, or other
unsatisfactory conditions on such property, or the ingress
thereto or egress or removal of persons therefrom; or
‘‘(B) otherwise providing for safeguarding such property
against destruction, loss, or injury by accident or by enemy
action, sabotage, or other subversive actions.
‘‘(4) DEFINITIONS.—In this subsection:
‘‘(A) DEPARTMENT OF DEFENSE PROPERTY.—The term
‘Department of Defense property’ means covered property
subject to the jurisdiction, administration, or in the custody
of the Department of Defense, any Department or agency
of which that Department consists, or any officer or
employee of that Department or agency.
‘‘(B) NASA PROPERTY.—The term ‘NASA property’
means covered property subject to the jurisdiction, adminis-
tration, or in the custody of the National Aeronautics and
Space Administration or any officer or employee thereof.
‘‘(C) COVERED PROPERTY.—The term ‘covered property’
means aircraft, airports, airport facilities, vessels, harbors,
ports, piers, water-front facilities, bases, forts, posts, labora-
tories, stations, vehicles, equipment, explosives, or other
property or places.
‘‘(D) REGULATION
AS
INCLUDING
ORDER.—The term
‘regulation’ includes an order.
‘‘(b) POSTING.—Any regulation or order covered by subsection
(a) shall be posted in conspicuous and appropriate places.’’.
SEC. 1054. REVISION OF DEPARTMENT OF DEFENSE COUNTERINTEL-
LIGENCE POLYGRAPH PROGRAM.
(a) IN GENERAL.—Section 1564a of title 10, United States Code,
is amended to read as follows:
‘‘§ 1564a. Counterintelligence polygraph program
‘‘(a) AUTHORITY FOR PROGRAM.—The Secretary of Defense may
carry out a program for the administration of counterintelligence
polygraph examinations to persons described in subsection (b). The
program shall be conducted in accordance with the standards speci-
fied in subsection (e).
‘‘(b) PERSONS COVERED.—Except as provided in subsection (d),
the following persons, if their duties are described in subsection
(c), are subject to this section:
‘‘(1) Military and civilian personnel of the Department of
Defense.
‘‘(2) Personnel of defense contractors.
‘‘(3) A person assigned or detailed to the Department of
Defense.
‘‘(4) An applicant for a position in the Department of
Defense.
‘‘(c) COVERED TYPES
OF DUTIES.—The Secretary of Defense
may provide, under standards established by the Secretary, that
a person described in subsection (b) is subject to this section if
that person’s duties involve—
‘‘(1) access to information that—
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PUBLIC LAW 109–163—JAN. 6, 2006
‘‘(A) has been classified at the level of top secret; or
‘‘(B) is designated as being within a special access
program under section 4.4(a) of Executive Order No. 12958
(or a successor Executive order); or
‘‘(2) assistance in an intelligence or military mission in
a case in which the unauthorized disclosure or manipulation
of information, as determined under standards established by
the Secretary of Defense, could reasonably be expected to—
‘‘(A) jeopardize human life or safety;
‘‘(B) result in the loss of unique or uniquely productive
intelligence sources or methods vital to United States secu-
rity; or
‘‘(C) compromise technologies, operational plans, or
security procedures vital to the strategic advantage of the
United States and its allies.
‘‘(d) EXCEPTIONS FROM COVERAGE FOR CERTAIN INTELLIGENCE
AGENCIES
AND FUNCTIONS.—This section does not apply to the
following persons:
‘‘(1) A person assigned or detailed to the Central Intel-
ligence Agency or to an expert or consultant under a contract
with the Central Intelligence Agency.
‘‘(2) A person who is—
‘‘(A) employed by or assigned or detailed to the
National Security Agency;
‘‘(B) an expert or consultant under contract to the
National Security Agency;
‘‘(C) an employee of a contractor of the National Secu-
rity Agency; or
‘‘(D) a person applying for a position in the National
Security Agency.
‘‘(3) A person assigned to a space where sensitive cryp-
tographic information is produced, processed, or stored.
‘‘(4) A person employed by, or assigned or detailed to,
an office within the Department of Defense for the collection
of specialized national foreign intelligence through reconnais-
sance programs or a contractor of such an office.
‘‘(e) STANDARDS.—(1) Polygraph examinations conducted under
this section shall comply with all applicable laws and regulations.
‘‘(2) Such examinations may be authorized for any of the fol-
lowing purposes:
‘‘(A) To assist in determining the initial eligibility for duties
described in subsection (c) of, and aperiodically thereafter, on
a random basis, to assist in determining the continued eligi-
bility of, persons described in subsections (b) and (c).
‘‘(B) With the consent of, or upon the request of, the exam-
inee, to—
‘‘(i) resolve serious credible derogatory information
developed in connection with a personnel security investiga-
tion; or
‘‘(ii) exculpate him- or herself of allegations or evidence
arising in the course of a counterintelligence or personnel
security investigation.
‘‘(C) To assist, in a limited number of cases when oper-
ational exigencies require the immediate use of a person’s serv-
ices before the completion of a personnel security investigation,
in determining the interim eligibility for duties described in
subsection (c) of the person.
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‘‘(3) Polygraph examinations conducted under this section shall
provide adequate safeguards, prescribed by the Secretary of
Defense, for the protection of the rights and privacy of persons
subject to this section under subsection (b) who are considered
for or administered polygraph examinations under this section.
Such safeguards shall include the following:
‘‘(A) The examinee shall receive timely notification of the
examination and its intended purpose and may only be given
the examination with the consent of the examinee.
‘‘(B) The examinee shall be advised of the examinee’s right
to consult with legal counsel.
‘‘(C) All questions asked concerning the matter at issue,
other than technical questions necessary to the polygraph tech-
nique, must have a relevance to the subject of the inquiry.
‘‘(f) OVERSIGHT.—(1) The Secretary shall establish a process
to monitor responsible and effective application of polygraph
examinations within the Department of Defense.
‘‘(2) The Secretary shall make information on the use of poly-
graphs within the Department of Defense available to the congres-
sional defense committees.
‘‘(g) POLYGRAPH RESEARCH PROGRAM.—The Secretary shall
carry out a continuing research program to support the polygraph
examination activities of the Department of Defense. The program
shall include the following:
‘‘(1) An on-going evaluation of the validity of polygraph
techniques used by the Department.
‘‘(2) Research on polygraph countermeasures and anti-
countermeasures.
‘‘(3) Developmental research on polygraph techniques,
instrumentation, and analytic methods.’’.
(b) EFFECTIVE DATE; IMPLEMENTATION.—The amendment made
by subsection (a) shall apply with respect to polygraph examinations
administered beginning on the date of the enactment of this Act.
SEC. 1055. PRESERVATION OF RECORDS PERTAINING TO RADIOACTIVE
FALLOUT FROM NUCLEAR WEAPONS TESTING.
(a) PROHIBITION OF DESTRUCTION OF CERTAIN RECORDS.—The
Secretary of Defense may not destroy any official record in the
custody or control of the Department of Defense that contains
information relating to radioactive fallout from nuclear weapons
testing.
(b) PRESERVATION
AND PUBLICATION
OF INFORMATION.—The
Secretary of Defense shall identify, preserve, and make available
any unclassified information contained in official records referred
to in subsection (a).
SEC. 1056. TECHNICAL AND CLERICAL AMENDMENTS.
(a) AMENDMENTS RELATING TO DEFINITION OF BASE CLOSURE
LAWS.—
(1) Section 2694a(i) of title 10, United States Code, is
amended by striking paragraph (2).
(2) Paragraph (1) of section 1333(i) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103–160;
10 U.S.C. 2701 note) is amended to read as follows:
‘‘(1) BASE CLOSURE LAW.—The term ‘base closure law’ has
the meaning given such term in section 101(a)(17) of title
10, United States Code.’’.
10 USC 113 note.
10 USC 1564a
note.
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PUBLIC LAW 109–163—JAN. 6, 2006
(3) Subsection (b) of section 2814 of the Military Construc-
tion Authorization Act for Fiscal Year 1995 (division B of Public
Law 103–337; 10 U.S.C. 2687 note) is amended to read as
follows:
‘‘(b) BASE CLOSURE LAW DEFINED.—In this section, the term
‘base closure law’ has the meaning given such term in section
101(a)(17) of title 10, United States Code.’’.
(4) Subsection (c) of section 3341 of title 5, United States
Code, is amended to read as follows:
‘‘(c) For purposes of this section, the term ‘base closure law’
has the meaning given such term in section 101(a)(17) of title
10.’’.
(5) Chapter 5 of title 40, United States Code, is amended—
(A) in section 554(a)(1), by striking ‘‘means’’ and all
that follows and inserting ‘‘has the meaning given that
term in section 101(a)(17) of title 10.’’; and
(B) in section 572(b)(1)(B), by striking ‘‘section
2667(h)(2) of title 10’’ and inserting ‘‘section 101(a)(17)
of title 10’’.
(6) The Act of November 13, 2000, entitled ‘‘An Act to
amend the Organic Act of Guam, and for other purposes’’ (Public
Law 106–504; 114 Stat. 2309) is amended by striking paragraph
(2) of section 1(c) and inserting the following new paragraph
(2):
‘‘(2) The term ‘base closure law’ has the meaning given
such term in section 101(a)(17) of title 10, United States Code.’’.
(b) DEFINITION OF STATE FOR PURPOSES OF SECTION 2694a.—
Subsection (i) of section 2694a of title 10, United States Code,
as amended by subsection (a)(1), is further amended—
(1) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively; and
(2) in paragraph (3), as so redesignated, by striking ‘‘and
the territories and possessions of the United States’’ and
inserting ‘‘Guam, the Virgin Islands, and American Samoa’’.
(c) OTHER MISCELLANEOUS CORRECTIONS TO TITLE 10, UNITED
STATES CODE.—Title 10, United States Code, is amended as follows:
(1) Section 101(e)(4)(B)(ii) is amended by striking the
comma after ‘‘bulk explosives’’.
(2) Section 127b(d)(1) is amended by striking ‘‘polices’’ in
the second sentence and inserting ‘‘policies’’.
(3) Section 1732 is amended—
(A) in subsection (c)—
(i) by striking ‘‘(b)(2)(A) and (b)(2)(B)’’ in para-
graphs (1) and (2) and inserting ‘‘(b)(1)(A) and
(b)(1)(B)’’; and
(ii) by striking paragraph (3); and
(B) in subsection (d)(2), by striking ‘‘(b)(2)(A)(ii)’’ and
inserting ‘‘(b)(1)(A)(ii)’’.
(4) Section 2410n(b) is amended by striking ‘‘compeititon’’
in the second sentence and inserting ‘‘competition’’.
(5) Section 2507(d) is amended by striking ‘‘section (a)’’
and inserting ‘‘subsection (a)’’.
(6) Section 2665(a) is amended by striking ‘‘under section
2664 of this title’’.
(7) Section 2703(b) is amended by striking ‘‘For purposes
of the preceding sentence, the terms ‘unexploded ordnance’,
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‘discarded military munitions’, and’’ and inserting ‘‘In this sub-
section, the terms ‘discarded military munitions’ and’’.
(8) Section 2773a(a) is amended by inserting ‘‘by’’ after
‘‘incorrect payment made’’ in the first sentence.
(9) Section 2801(d) is amended by striking ‘‘sections 2830
and 2835’’ and inserting ‘‘sections 2830, 2835, and 2836 of
this chapter’’.
(10) Section 2881a(f) is amended by striking ‘‘Notwith-
standing section 2885 of this title, the’’ and inserting ‘‘The’’.
(11) Section 3084 is amended by striking the semicolon
in the section heading and inserting a colon.
(d) RONALD W. REAGAN NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 2005.—Section 1105(h) of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005
(Public Law 108–375; 118 Stat. 2075) is amended by striking ‘‘(21
U.S.C.’’ and inserting ‘‘(20 U.S.C.’’.
(e) BOB STUMP NATIONAL DEFENSE AUTHORIZATION ACT FOR
FISCAL YEAR 2003.—The Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003 (Public Law 107–314) is amended
as follows:
(1) Section 314 (116 Stat. 2508) is amended—
(A) in subsection (d), by striking ‘‘(40 U.S.C.’’ and
inserting ‘‘(42 U.S.C.’’; and
(B) in subsection (e)(2), by striking ‘‘(40 U.S.C.’’ and
inserting ‘‘(42 U.S.C.’’.
(2) Section 635(a) (116 Stat. 2574) is amended by inserting
‘‘the first place it appears’’ after ‘‘by striking ‘a claim’ ’’.
(f) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
1994.—Section 1605(a)(4) of the National Defense Authorization
Act for Fiscal Year 1994 (22 U.S.C. 2751 note) is amended by
striking ‘‘Logisitics’’ in the first sentence and inserting ‘‘Logistics’’.
(g) TITLE 38, UNITED STATES CODE.—Section 8111(b)(1) of title
38, United States Code, is amended by inserting ‘‘of 1993’’ after
‘‘the Government Performance and Results Act’’.
SEC. 1057. DELETION OF OBSOLETE DEFINITIONS IN TITLES 10 AND
32, UNITED STATES CODE.
(a) DELETING OBSOLETE DEFINITION OF ‘‘TERRITORY’’ IN TITLE
10.—Title 10, United States Code, is amended as follows:
(1) Section 101(a) is amended by striking paragraph (2).
(2) The following sections are amended by striking the
terms ‘‘Territory or’’, ‘‘or Territory’’, ‘‘a Territorial Department,’’,
‘‘or a Territory’’, ‘‘Territory and’’, ‘‘its Territories,’’, and ‘‘and
Territories’’ each place they appear: sections 101(a)(3), 332,
822, 1072, 1103, 2671, 3037, 5148, 8037, 8074, 12204, and
12642.
(3) The following sections are amended by striking the
terms ‘‘Territory,’’ and ‘‘Territories,’’ each place they appear:
sections 849, 858, 888, 2668, 2669, 7545, and 9773.
(4) Section 808 is amended by striking ‘‘Territory, Common-
wealth, or possession,’’ and inserting ‘‘Commonwealth, posses-
sion,’’.
(5) The following sections are amended by striking ‘‘Terri-
tories, Commonwealths, or possessions’’ each place it appears
and inserting ‘‘Commonwealths or possessions’’: sections 847,
2734, 4778, 5986, 7652, 7653, and 12406.
10 USC 3702.
10 USC 2302
note.
10 USC 2192
note.
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(6) The following sections are amended by striking ‘‘Terri-
tories, Commonwealths, and possessions’’ each place it appears
and inserting ‘‘Commonwealths and possessions’’: sections 846,
3062, 3074, 4747, 4778, 8062, and 9778.
(7) Section 312 is amended by striking ‘‘States and Terri-
tories, and Puerto Rico’’ and inserting ‘‘States, the Common-
wealth of Puerto Rico, Guam, and the Virgin Islands’’.
(8) Section 335 is amended by striking ‘‘the unincorporated
territories of’’.
(9) Sections 4301 and 9301 are amended by striking ‘‘State
or Territory, Puerto Rico, or the District of Columbia’’ each
place it appears and inserting ‘‘State, the Commonwealth of
Puerto Rico, the District of Columbia, Guam, or the Virgin
Islands’’.
(10) Sections 4685 and 9685 are amended by striking ‘‘State
or Territory concerned’’ each place it appears and inserting
‘‘State concerned or Guam or the Virgin Islands’’ and by striking
‘‘State and Territorial’’ each place it appears and inserting
‘‘State, Guam, and the Virgin Islands’’.
(11) Section 7851 is amended by striking ‘‘States, the Terri-
tories, and the District of Columbia’’ and inserting ‘‘States,
the District of Columbia, Guam, and the Virgin Islands’’.
(12) Section 7854 is amended by striking ‘‘any State, any
Territory, or the District of Columbia’’ and inserting ‘‘any State,
the District of Columbia, Guam, or the Virgin Islands’’.
(b) DELETING OBSOLETE DEFINITION OF ‘‘TERRITORY’’ IN TITLE
32.—Title 32, United States Code, is amended as follows:
(1) Paragraph (1) of section 101 is amended to read as
follows:
‘‘(1) For purposes of other laws relating to the militia,
the National Guard, the Army National Guard of the United
States, and the Air National Guard of the United States, the
term ‘Territory’ includes Guam and the Virgin Islands.’’.
(2) Sections 103, 104(c), 314, 315, 708(d), and 711 are
amended by striking ‘‘State and Territory, Puerto Rico, and
the District of Columbia’’ and ‘‘State or Territory, Puerto Rico,
and the District of Columbia’’ each place they appear and
inserting ‘‘State, the Commonwealth of Puerto Rico, the District
of Columbia, Guam, and the Virgin Islands’’.
(3) Sections 104(d), 107, 109, 503, 703, 704, 710, and 712
are amended by striking ‘‘State or Territory, Puerto Rico, or
the District of Columbia’’ and ‘‘State or Territory, Puerto Rico,
the Virgin Islands or the District of Columbia’’ each place
they appear and inserting ‘‘State, the Commonwealth of Puerto
Rico, the District of Columbia, Guam, or the Virgin Islands’’.
(4) Sections 104(a), 505, 702(a), and 708(a) are amended
by striking ‘‘State or Territory and Puerto Rico’’, ‘‘State or
Territory or Puerto Rico’’, and ‘‘State or Territory, Puerto Rico’’
each place they appear and inserting ‘‘State, the Commonwealth
of Puerto Rico, Guam, and the Virgin Islands’’.
(5) Section 324 is amended by striking ‘‘State or Territory
of whose National Guard he is a member, or by the laws
of Puerto Rico, or the District of Columbia, if he is a member
of its National Guard’’ and inserting ‘‘State of whose National
Guard he is a member, or by the laws of the Commonwealth
of Puerto Rico, or the District of Columbia, Guam, or the
Virgin Islands, whose National Guard he is a member’’.
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(6) Section 325 is amended by striking ‘‘State or Territory,
or of Puerto Rico’’ and ‘‘State or Territory or Puerto Rico’’
each place they appear and inserting ‘‘State, or of the Common-
wealth of Puerto Rico, Guam, or the Virgin Islands’’.
(7) Sections 326, 327, and 501 are amended by striking
‘‘States and Territories, Puerto Rico, and the District of
Columbia’’ each place it appears and inserting ‘‘States, the
Commonwealth of Puerto Rico, the District of Columbia, Guam,
and the Virgin Islands’’.
SEC. 1058. SUPPORT FOR YOUTH ORGANIZATIONS.
(a) YOUTH ORGANIZATION DEFINED.—In this section, the term
‘‘youth organization’’ means—
(1) the Boy Scouts of America;
(2) the Girl Scouts of the United States of America;
(3) the Boys Clubs of America;
(4) the Girls Clubs of America;
(5) the Young Men’s Christian Association;
(6) the Young Women’s Christian Association;
(7) the Civil Air Patrol;
(8) the United States Olympic Committee;
(9) the Special Olympics;
(10) Campfire USA;
(11) the Young Marines;
(12) the Naval Sea Cadets Corps;
(13) 4–H Clubs;
(14) the Police Athletic League;
(15) Big Brothers—Big Sisters of America;
(16) National Guard Challenge Program; and
(17) any other organization designated by the President
as an organization that is primarily intended to—
(A) serve individuals under the age of 21 years;
(B) provide training in citizenship, leadership, physical
fitness, service to community, and teamwork; and
(C) promote the development of character and ethical
and moral values.
(b) SUPPORT FOR YOUTH ORGANIZATIONS.—
(1) CONTINUATION OF SUPPORT.—No Federal law (including
any rule, regulation, directive, instruction, or order) shall be
construed to limit any Federal agency from providing any form
of support for a youth organization (including the Boy Scouts
of America or any group officially affiliated with the Boy Scouts
of America) that would result in that Federal agency providing
less support to that youth organization (or any similar organiza-
tion chartered under the chapter of title 36, United States
Code, relating to that youth organization) than was provided
during the preceding fiscal year to that youth organization.
This paragraph shall be subject to the availability of appropria-
tions.
(2) YOUTH ORGANIZATIONS THAT CEASE TO EXIST.—Para-
graph (1) shall not apply to any youth organization that ceases
to exist.
(3) WAIVERS.—The head of a Federal agency may waive
the application of paragraph (1) to a youth organization with
respect to each conviction or investigation described under
subparagraph (A) or (B) for a period of not more than two
fiscal years if—
5 USC 301 note.
5 USC 301 note.
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(A) any senior officer (including any member of the
board of directors) of the youth organization is convicted
of a criminal offense relating to the official duties of that
officer or the youth organization is convicted of a criminal
offense; or
(B) the youth organization is the subject of a criminal
investigation relating to fraudulent use or waste of Federal
funds.
(4) TYPES OF SUPPORT.—Support described in paragraph
(1) includes—
(A) authorizing a youth organization to hold meetings,
camping events, or other activities on Federal property;
(B) hosting any official event of a youth organization;
(C) loaning equipment for the use of a youth organiza-
tion; and
(D) providing personnel services and logistical support
for a youth organization.
(c) CONTINUATION OF DEPARTMENT OF DEFENSE OF SUPPORT
FOR SCOUT JAMBOREES.—Section 2554 of title 10, United States
Code, is amended by adding at the end the following new subsection:
‘‘(i)(1) The Secretary of Defense shall provide at least the same
level of support under this section for a national or world Boy
Scout Jamboree as was provided under this section for the preceding
national or world Boy Scout Jamboree.
‘‘(2) The Secretary of Defense may waive paragraph (1), if
the Secretary—
‘‘(A) determines that providing the support subject to para-
graph (1) would be detrimental to the national security of
the United States; and
‘‘(B) submits to Congress a report containing such deter-
mination in a timely manner, and before the waiver takes
effect.’’.
(d) EQUAL ACCESS FOR YOUTH ORGANIZATIONS.—Section 109
of the Housing and Community Development Act of 1974 (42 U.S.C.
5309) is amended—
(1) in the first sentence of subsection (b), by inserting
‘‘or (e)’’ after ‘‘subsection (a)’’; and
(2) by adding at the end the following new subsection:
‘‘(e) EQUAL ACCESS.—
‘‘(1) DEFINITION.—In this subsection, the term ‘youth
organization’ means an organization described under part B
of subtitle II of title 36, United States Code, that is intended
to serve individuals under the age of 21 years.
‘‘(2) IN GENERAL.—No State or unit of general local govern-
ment that has a designated open forum, limited public forum,
or nonpublic forum and that is a recipient of assistance under
this title shall deny equal access or a fair opportunity to meet
to, or discriminate against, any youth organization, including
the Boy Scouts of America or any group officially affiliated
with the Boy Scouts of America, that wishes to conduct a
meeting or otherwise participate in that designated open forum,
limited public forum, or nonpublic forum.’’.
SEC. 1059. SPECIAL IMMIGRANT STATUS FOR PERSONS SERVING AS
TRANSLATORS WITH UNITED STATES ARMED FORCES.
(a) IN GENERAL.—For purposes of the Immigration and Nation-
ality Act (8 U.S.C. 1101 et seq.), subject to subsection (c)(1), the
8 USC 1101 note.
Reports.
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Secretary of Homeland Security may provide an alien described
in subsection (b) with the status of a special immigrant under
section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)), if the alien—
(1) files with the Secretary of Homeland Security a petition
under section 204 of such Act (8 U.S.C. 1154) for classification
under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); and
(2) is otherwise eligible to receive an immigrant visa and
is otherwise admissible to the United States for permanent
residence, except in determining such admissibility, the grounds
for inadmissibility specified in section 212(a)(4) of such Act
(8 U.S.C. 1182(a)(4)) shall not apply.
(b) ALIENS DESCRIBED.—
(1) PRINCIPAL ALIENS.—An alien is described in this sub-
section if the alien—
(A) is a national of Iraq or Afghanistan;
(B) worked directly with United States Armed Forces
as a translator for a period of at least 12 months;
(C) obtained a favorable written recommendation from
a general or flag officer in the chain of command of the
United States Armed Forces unit that was supported by
the alien; and
(D) before filing the petition described in subsection
(a)(1), cleared a background check and screening, as deter-
mined by a general or flag officer in the chain of command
of the United States Armed Forces unit that was supported
by the alien.
(2) SPOUSES AND CHILDREN.—An alien is described in this
subsection if the alien is the spouse or child of a principal
alien described in paragraph (1), and is following or accom-
panying to join the principal alien.
(c) NUMERICAL LIMITATIONS.—
(1) IN GENERAL.—The total number of principal aliens who
may be provided special immigrant status under this section
during any fiscal year shall not exceed 50.
(2) COUNTING AGAINST SPECIAL IMMIGRANT CAP.—For pur-
poses of the application of sections 201 through 203 of the
Immigration and Nationality Act (8 U.S.C. 1151–1153) in any
fiscal year, aliens eligible to be provided status under this
section shall be treated as special immigrants described in
section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who are
not described in subparagraph (A), (B), (C), or (K) of such
section.
(d) APPLICATION OF IMMIGRATION AND NATIONALITY ACT PROVI-
SIONS.—The definitions in subsections (a) and (b) of section 101
of the Immigration and Nationality Act (8 U.S.C. 1101) shall apply
in the administration of this section.
SEC. 1060. EXPANSION OF EMERGENCY SERVICES UNDER RECIPROCAL
AGREEMENTS.
Subsection (b) of the first section of the Act of May 27, 1955
(42 U.S.C. 1856(b)), is amended by striking ‘‘and fire fighting’’
and inserting ‘‘, fire fighting, and emergency services, including
basic medical support, basic and advanced life support, hazardous
material containment and confinement, and special rescue events
involving vehicular and water mishaps, and trench, building, and
confined space extractions’’.
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SEC. 1061. RENEWAL OF MORATORIUM ON RETURN OF VETERANS
MEMORIAL OBJECTS TO FOREIGN NATIONS WITHOUT
SPECIFIC AUTHORIZATION IN LAW.
Section 1051(c) of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 2572 note) is
amended—
(1) by striking ‘‘the date of the enactment of this Act’’
and inserting ‘‘October 5, 1999,’’; and
(2) by inserting before the period at the end the following:
‘‘, and during the period beginning on the date of the enactment
of the National Defense Authorization Act for Fiscal Year 2006
and ending on September 30, 2010’’.
SEC. 1062. SENSE OF CONGRESS ON NATIONAL SECURITY INTEREST
OF 
MAINTAINING 
AERONAUTICS 
RESEARCH 
AND
DEVELOPMENT.
(a) FINDINGS.—Congress makes the following findings:
(1) The advances made possible by Government-funded
research in emerging aeronautics technologies have enabled
longstanding military air superiority for the United States in
recent decades.
(2) Military aircraft incorporate advanced technologies
developed at research centers of the National Aeronautics and
Space Administration.
(3) The vehicle systems program of the National Aero-
nautics and Space Administration has provided major tech-
nology advances that have been used in every major civil and
military aircraft developed over the last 50 years.
(4) It is important for the cooperative research efforts of
the National Aeronautics and Space Administration and the
Department of Defense that funding of research on military
aviation technologies be robust.
(5) Recent National Aeronautics and Space Administration
and independent studies have demonstrated the competitive-
ness, scientific merit, and necessity of existing aeronautics pro-
grams.
(6) The economic and military security of the United States
is enhanced by the continued development of improved aero-
nautics technologies.
(7) A national effort is needed to ensure that the National
Aeronautics and Space Administration can help meet future
aviation needs.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
it is in the national security interest of the United States to main-
tain a strong aeronautics research and development program within
the Department of Defense and the National Aeronautics and Space
Administration.
SEC. 1063. AIRPORT CERTIFICATION.
For the airport referred to in paragraph (1) to be eligible
to receive approval of an airport layout plan by the Federal Aviation
Administration, such airport shall ensure and provide documenta-
tion that—
(1) the governing body of an airport built after the date
of enactment of this Act at site number 04506.3*A and under
number 17–0027 of the National Plan of Integrated Airport
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Systems is composed of a majority of local residents who live
in the county in which such airport is located; and
(2) the airport complies with sections 303, 303A, and 303B
of the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 253–253b) as implemented by the Federal
Acquisition Regulation issued pursuant to section 25 of the
Office of Federal Procurement Policy Act (41 U.S.C. 421)
regarding land procurement and developer selection.
Subtitle G—Military Mail Matters
SEC. 1071. SAFE DELIVERY OF MAIL IN MILITARY MAIL SYSTEM.
(a) PLAN FOR SAFE DELIVERY OF MILITARY MAIL.—
(1) PLAN
REQUIRED.—The Secretary of Defense shall
develop and implement a plan to ensure that the mail within
the military mail system is safe for delivery. The plan shall
provide for the screening of all mail within the military mail
system in order to detect the presence of biological, chemical,
or radiological weapons, agents, or pathogens or explosive
devices before mail within the military mail system is delivered
to its intended recipients.
(2) FUNDING.—The budget justification materials submitted
to Congress with the budget of the President for fiscal year
2007 and each fiscal year thereafter shall include a description
of the amounts required in such fiscal year to carry out the
plan.
(b) REPORT ON SAFETY OF MAIL FOR DELIVERY.—
(1) REPORT REQUIRED.—Not later than 120 days after the
date of the enactment of this Act, the Secretary shall submit
to Congress a report on the safety of mail within the military
mail system for delivery.
(2) ELEMENTS.—The report shall include the following:
(A) An assessment of any existing deficiencies in the
military mail system in ensuring that mail within the
military mail system is safe for delivery.
(B) The plan required by subsection (a).
(C) An estimate of the time and resources required
to implement the plan.
(D) A description of the delegation within the Depart-
ment of Defense of responsibility for ensuring that mail
within the military mail system is safe for delivery,
including responsibility for the development, implementa-
tion, and oversight of improvements to the military mail
system to ensure that mail within the military mail system
is safe for delivery.
(3) FORM.—The report shall be submitted in unclassified
form, but may include a classified annex.
(c) MAIL WITHIN THE MILITARY MAIL SYSTEM DEFINED.—
(1) IN GENERAL.—In this section, the term ‘‘mail within
the military mail system’’ means—
(A) any mail that is posted through the Military Post
Offices (including Army Post Offices (APOs) and Fleet Post
Offices (FPOs)), Department of Defense mail centers, mili-
tary Air Mail Terminals, and military Fleet Mail Centers;
and
10 USC 113 note.
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(B) any mail or package posted in the United States
that is addressed to an unspecified member of the Armed
Forces.
(2) INCLUSIONS AND EXCEPTION.—The term includes any
official mail posted by the Department of Defense. The term
does not include any mail posted as otherwise described in
paragraph (1) that has been screened for safety for delivery
by the United States Postal Service before such posting.
TITLE XI—CIVILIAN PERSONNEL
MATTERS
SUBTITLE A—EXTENSIONS OF AUTHORITIES
Sec. 1101.
Extension of eligibility to continue Federal employee health benefits.
Sec. 1102.
Extension of Department of Defense voluntary reduction in force au-
thority.
Sec. 1103.
Extension of authority to make lump sum severance payments.
Sec. 1104.
Permanent extension of Science, Mathematics, and Research for Trans-
formation (SMART) Defense Education Program.
Sec. 1105.
Authority to waive annual limitation on total compensation paid to
Federal civilian employees.
SUBTITLE B—VETERANS PREFERENCE MATTERS
Sec. 1111.
Veterans’ preference status for certain veterans who served on active
duty during the period beginning on September 11, 2001, and ending as
of the close of Operation Iraqi Freedom.
Sec. 1112.
Veterans’ preference eligibility for military reservists.
SUBTITLE C—OTHER MATTERS
Sec. 1121.
Transportation of family members in connection with the repatriation
of Federal employees held captive.
Sec. 1122.
Strategic human capital plan for civilian employees of the Department
of Defense.
Sec. 1123.
Independent study on features of successful personnel management
systems of highly technical and scientific workforces.
Sec. 1124.
Support by Department of Defense of pilot project for Civilian Linguist
Reserve Corps.
Sec. 1125.
Increase in authorized number of positions in Defense Intelligence Sen-
ior Executive Service.
Subtitle A—Extensions of Authorities
SEC. 1101. EXTENSION OF ELIGIBILITY TO CONTINUE FEDERAL
EMPLOYEE HEALTH BENEFITS.
Section 8905a(d)(4)(B) of title 5, United States Code, is
amended—
(1) in clause (i), by striking ‘‘October 1, 2006’’ and inserting
‘‘October 1, 2010’’; and
(2) in clause (ii)—
(A) by striking ‘‘February 1, 2007’’ and inserting ‘‘Feb-
ruary 1, 2011’’; and
(B) by striking ‘‘October 1, 2006’’ and inserting ‘‘October
1, 2010’’.
SEC. 1102. EXTENSION OF DEPARTMENT OF DEFENSE VOLUNTARY
REDUCTION IN FORCE AUTHORITY.
Section 3502(f)(5) of title 5, United States Code, is amended
by striking ‘‘September 30, 2005’’ and inserting ‘‘September 30,
2010’’.
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SEC. 1103. EXTENSION OF AUTHORITY TO MAKE LUMP SUM SEVER-
ANCE PAYMENTS.
Section 5595(i)(4) of title 5, United States Code, is amended
by striking ‘‘October 1, 2006’’ and inserting ‘‘October 1, 2010’’.
SEC. 1104. PERMANENT EXTENSION OF SCIENCE, MATHEMATICS, AND
RESEARCH FOR TRANSFORMATION (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)’’; and
(B) by striking paragraph (2);
(3) in subsection (b)—
(A) by striking ‘‘(b)’’ and all that follows through ‘‘a
scholarship’’ and inserting ‘‘(b) FINANCIAL ASSISTANCE.—
(1) Under the program under this section, the Secretary
of Defense may award a scholarship or fellowship’’;
(B) in paragraph (1)(B)—
(i) by striking ‘‘undergraduate’’ and inserting
‘‘associates degree, undergraduate degree,’’; and
(ii) by inserting ‘‘accredited’’ before ‘‘institution of
higher education’’;
(C) in paragraph (2)—
(i) by inserting ‘‘or fellowship’’ after ‘‘scholarship’’;
(ii) by inserting ‘‘equipment expenses,’’ after ‘‘lab-
oratory expenses,’’; and
(iii) by striking the second sentence; and
(D) by adding at the end the following new paragraph:
‘‘(3) Financial assistance provided under a scholarship or fellow-
ship awarded under this section may be paid directly to the recipient
of such scholarship or fellowship or to an administering entity
for disbursement of the funds.’’; and
(4) in subsection (c)—
(A) in the heading, by inserting ‘‘FINANCIAL’’ before
‘‘ASSISTANCE’’
(B) in paragraph (2)—
(i) by striking ‘‘a scholarship’’ and inserting ‘‘finan-
cial assistance’’;
(ii) by striking ‘‘the financial assistance provided
under the scholarship’’ and inserting ‘‘such financial
assistance’’; and
(iii) by striking the second sentence and inserting
the following: ‘‘Except as provided in subsection (d),
the period of service required of a recipient may not
be less than the total period of pursuit of a degree
that is covered by such financial assistance.’’.
(b) EMPLOYMENT OF PROGRAM PARTICIPANTS.—Such section is
further amended—
(1) by striking subsection (g);
(2) by redesignating subsections (d), (e), and (f) as sub-
sections (e), (f), and (g), respectively; and
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(3) by inserting after subsection (c) the following new sub-
section (d):
‘‘(d) EMPLOYMENT
OF PROGRAM PARTICIPANTS.—(1) The Sec-
retary of Defense may—
‘‘(A) appoint or retain a person participating in the program
under this section in a position on an interim basis during
the period of such person’s pursuit of a degree under the
program and for a period not to exceed 2 years after completion
of the degree, but only if, in the case of the period after
completion of the degree—
‘‘(i) there is no readily available appropriate permanent
position for such person; and
‘‘(ii) there is an active and ongoing effort to identify
and assign such person to an appropriate permanent posi-
tion as soon as practicable; and
‘‘(B) if there is no appropriate permanent position available
after the end of the periods described in subparagraph (A),
separate such person from employment with the Department
without regard to any other provision of law, in which event
the service agreement of such person under subsection (c) shall
terminate.
‘‘(2) The period of service of a person covered by paragraph
(1) in a position on an interim basis under that paragraph shall,
after completion of the degree, be treated as a period of service
for purposes of satisfying the obligated service requirements of
the person under the service agreement of the person under sub-
section (c).’’.
(c) REFUND FOR PERIOD OF UNSERVED OBLIGATED SERVICE.—
Paragraph (1) of subsection (e) of such section, as redesignated
by subsection (c)(1) of this section, is amended to read as follows:
‘‘(1)(A) A participant in the program under this section who
is not an employee of the Department of Defense and who volun-
tarily fails to complete the educational program for which financial
assistance has been provided under this section, or fails to maintain
satisfactory academic progress as determined in accordance with
regulations prescribed by the Secretary of Defense, shall refund
to the United States an appropriate amount, as determined by
the Secretary.
‘‘(B) A participant in the program under this section who is
an employee of the Department of Defense and who—
‘‘(i) voluntarily fails to complete the educational program
for which financial assistance has been provided, or fails to
maintain satisfactory academic progress as determined in
accordance with regulations prescribed by the Secretary; or
‘‘(ii) before completion of the period of obligated service
required of such participant—
‘‘(I) voluntarily terminates such participant’s employ-
ment with the Department; or
‘‘(II) is removed from such participant’s employment
with the Department on the basis of misconduct,
shall refund the United States an appropriate amount, as deter-
mined by the Secretary.’’.
(d) CODIFICATION.—
(1) AMENDMENT
TO
TITLE
10.—Chapter 111 of title 10,
United States Code, is amended—
(A) by inserting after section 2192 the following:
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‘‘§ 2192a. Science, Mathematics, and Research for Trans-
formation (SMART) Defense Education Pro-
gram’’;
and
(B) by transferring and inserting the text of section
1105 of the Ronald W. Reagan National Defense Authoriza-
tion Act for Fiscal Year 2005 (Public Law 108–375; 118
Stat. 2074; 10 U.S.C. 2192 note), as amended by subsections
(a), (b), and (c), so as to appear below the section heading
for section 2192a, as added by subparagraph (A).
(2) CLERICAL AMENDMENT.—The table of sections 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) Defense
Education Program.’’.
(e) CONFORMING AMENDMENTS.—
(1) 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 repealed.
(2) Section 3304(a)(3)(B)(ii) of title 5, United States Code,
is amended—
(A) by striking ‘‘Scholarship Pilot Program’’ and
inserting ‘‘Defense Education Program’’; and
(B) by striking ‘‘section 1105’’ and all that follows
through the period and inserting ‘‘section 2192a of title
10, United States Code.’’.
(f) EFFECT ON CURRENT PARTICIPANTS IN SMART PILOT PRO-
GRAM.—Participation in the Science, Mathematics, and Research
for Transformation (SMART) Defense Scholarship Pilot Program
under section 1105 of Public Law 108–375 by an individual who
has entered into an agreement under that pilot program before
the date of the enactment of this Act shall be governed by the
terms of such agreement without regard to the amendments made
by this section.
SEC. 1105. AUTHORITY TO WAIVE ANNUAL LIMITATION ON TOTAL COM-
PENSATION PAID TO FEDERAL CIVILIAN EMPLOYEES.
(a) WAIVER AUTHORITY.—During 2006 and notwithstanding sec-
tion 5547 of title 5, United States Code, the head of an executive
agency may waive, subject to subsection (b), the limitation estab-
lished in that section for total compensation (including limitations
on the aggregate of basic pay and premium pay payable in a
calendar year) of an employee who performs work while in an
overseas location that is in the area of responsibility of the com-
mander of the United States Central Command, in direct support
of or directly related to a military operation (including a contingency
operation as defined in section 101(13) of title 10, United States
Code).
(b) $200,000 MAXIMUM TOTAL COMPENSATION.—The total com-
pensation of an employee whose pay is covered by a waiver under
subsection (a) may not exceed $200,000 in a calendar year.
(c) ADDITIONAL PAY NOT CONSIDERED BASIC PAY.—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—
(1) shall not be considered to be basic pay for any purpose;
and
10 USC 2192a
note.
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(2) shall not be used in computing a lump sum payment
for accumulated and accrued annual leave under section 5551
of title 5, United States Code.
Subtitle B—Veterans Preference Matters
SEC. 1111. VETERANS’ PREFERENCE STATUS FOR CERTAIN VETERANS
WHO SERVED ON ACTIVE DUTY DURING THE PERIOD
BEGINNING ON SEPTEMBER 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;
(2) in subparagraph (C), by adding ‘‘or’’ after the semicolon;
and
(3) by inserting after subparagraph (C) the following:
‘‘(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 ‘‘paragraph (1)(B) or (C)’’ and inserting
‘‘paragraph (1)(B), (C), or (D)’’.
SEC. 1112. VETERANS’ PREFERENCE ELIGIBILITY FOR MILITARY
RESERVISTS.
(a) VETERANS’ PREFERENCE ELIGIBILITY.—Section 2108(1) of
title 5, United States Code, is amended by striking ‘‘separated
from’’ and inserting ‘‘discharged or released from active duty in’’.
(b) SAVINGS PROVISION.—Nothing in the amendment made by
subsection (a) may be construed to affect a determination made
before the date of enactment of this Act that an individual is
a preference eligible (as defined in section 2108(3) of title 5, United
States Code).
Subtitle C—Other Matters
SEC. 1121. TRANSPORTATION OF FAMILY MEMBERS IN CONNECTION
WITH THE REPATRIATION OF FEDERAL EMPLOYEES
HELD CAPTIVE.
(a) ALLOWANCES AUTHORIZED.—Chapter 57 of title 5, United
States Code, is amended by adding at the end the following new
section:
‘‘§ 5760. Travel and transportation allowances: transportation
of family members incident to the repatriation
of employees held captive
‘‘(a) ALLOWANCE FOR FAMILY MEMBERS AND CERTAIN OTHERS.—
(1) Under uniform regulations prescribed by the heads of agencies,
travel and transportation described in subsection (d) may be pro-
vided for not more than 3 family members of an employee described
in subsection (b).
5 USC 2108 note.
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‘‘(2) In addition to the family members authorized to be provided
travel and transportation under paragraph (1), the head of an
agency may provide travel and transportation described in sub-
section (d) to an attendant to accompany a family member described
in subsection (b) if the head of an agency determines—
‘‘(A) the family member to be accompanied is unable to
travel unattended because of age, physical condition, or other
reason determined by the head of the agency; and
‘‘(B) no other family member who is eligible for travel
and transportation under subsection (a) is able to serve as
an attendant for the family member.
‘‘(3) If no family member of an employee described in subsection
(b) is able to travel to the repatriation site of the employee, travel
and transportation described in subsection (d) may be provided
to not more than 2 persons related to and selected by the employee.
‘‘(b) COVERED EMPLOYEES.—An employee described in this sub-
section is an employee (as defined in section 2105 of this title)
who—
‘‘(1) was held captive, as determined by the head of an
agency concerned; and
‘‘(2) is repatriated to a site inside or outside the United
States.
‘‘(c) ELIGIBLE FAMILY MEMBERS.—In this section, the term
‘family member’ has the meaning given the term in section 411h(b)
of title 37.
‘‘(d) TRAVEL
AND
TRANSPORTATION
AUTHORIZED.—(1) The
transportation authorized by subsection (a) is round-trip transpor-
tation between the home of the family member (or home of the
attendant or person provided transportation under paragraph (2)
or (3) of subsection (a), as the case may be) and the location
of the repatriation site at which the employee is located.
‘‘(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 necessary expenses of the
travel, or a combination thereof, but not to exceed the rates estab-
lished for such allowances and expenses under section 404(d) of
title 37.
‘‘(3) The transportation authorized by subsection (a) may be
provided by any of the means described in section 411h(d)(1) of
title 37.
‘‘(4) An allowance under this subsection may be paid in advance.
‘‘(5) Reimbursement payable under this subsection may not
exceed the cost of government-procured round-trip air travel.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 57 of such title is amended by adding at the
end the following new item:
‘‘5760. Travel and transportation allowances: transportation of family members inci-
dent to the repatriation of employees held captive.’’.
SEC. 
1122. 
STRATEGIC 
HUMAN 
CAPITAL 
PLAN 
FOR 
CIVILIAN
EMPLOYEES OF THE DEPARTMENT OF DEFENSE.
(a) PLAN REQUIRED.—(1) Not later than one year after the
date of the enactment of this Act, the Secretary of Defense shall
develop and submit to the Committees on Armed Services of the
Senate and House of Representatives a strategic plan to shape
and improve the civilian employee workforce of the Department
of Defense.
Deadline.
10 USC prec.
1580 note.
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(2) The plan shall be known as the ‘‘strategic human capital
plan’’.
(b) CONTENTS.—The strategic human capital plan required by
subsection (a) shall include—
(1) an assessment of—
(A) the critical skills and competencies that will be
needed in the future civilian employee workforce of the
Department of Defense to support national security require-
ments and effectively manage the Department over the
next decade;
(B) the skills and competencies of the existing civilian
employee workforce of the Department and projected trends
in that workforce based on expected losses due to retire-
ment and other attrition; and
(C) gaps in the existing or projected civilian employee
workforce of the Department that should be addressed
to ensure that the Department has continued access to
the critical skills and competencies described in subpara-
graph (A); and
(2) a plan of action for developing and reshaping the civilian
employee workforce of the Department to address the gaps
in critical skills and competencies identified under paragraph
(1)(C), including—
(A) specific recruiting and retention goals, including
the program objectives of the Department to be achieved
through such goals; and
(B) specific strategies for development, training,
deploying, compensating, and motivating the civilian
employee workforce of the Department, including the pro-
gram objectives of the Department to be achieved through
such strategies.
(c) ANNUAL UPDATES.—Not later than March 1 of each year
from 2007 through 2010, the Secretary shall update the strategic
human capital plan required by subsection (a), as previously
updated under this subsection.
(d) ANNUAL REPORTS.—Not later than March 1 of each year
from 2007 through 2010, the Secretary shall submit to the appro-
priate committees of Congress—
(1) the update of the strategic human capital plan prepared
in such year under subsection (c); and
(2) the assessment of the Secretary, using results-oriented
performance measures, of the progress of the Department of
Defense in implementing the strategic human capital plan.
(e) COMPTROLLER GENERAL REVIEW.—Not later than 90 days
after the Secretary submits under subsection (a) the strategic
human capital plan required by that subsection, the Comptroller
General shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report on the plan.
SEC. 1123. INDEPENDENT STUDY ON FEATURES OF SUCCESSFUL PER-
SONNEL MANAGEMENT SYSTEMS OF HIGHLY TECHNICAL
AND SCIENTIFIC WORKFORCES.
(a) INDEPENDENT
STUDY.—The Secretary of Defense shall
commission an independent study to identify the features of success-
ful personnel management systems of the highly technical and
scientific workforces of the Department of Defense laboratories and
similar scientific facilities and institutions.
Deadline.
Reports.
Deadline.
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(b) ELEMENTS.—The study required by subsection (a) shall
include the following:
(1) An examination of the personnel management authori-
ties under statute or regulation currently being used, or avail-
able for use, at Department of Defense demonstration labora-
tories to assist in the management of the workforce of such
laboratories.
(2) A list of personnel management authorities and prac-
tices critical to successful mission execution, obtained through
interviews with selected, premier government and private
sector laboratory directors.
(3) A comparative assessment of the effectiveness of the
Department of Defense technical workforce management
authorities and practices with that of other similar entities.
(4) Such recommendations as are considered appropriate
for the effective use of available personnel management authori-
ties to ensure the successful personnel management of the
highly technical and scientific workforce of the Department
of Defense.
SEC. 1124. SUPPORT BY DEPARTMENT OF DEFENSE OF PILOT PROJECT
FOR CIVILIAN LINGUIST RESERVE CORPS.
Subject to the availability of appropriated funds, the Secretary
of Defense may support implementation of the Civilian Linguist
Reserve Corps pilot project authorized by section 613 of the Intel-
ligence Authorization Act for Fiscal Year 2005 (Public Law 108–
487; 118 Stat. 3959; 50 U.S.C. 403–1b note).
SEC. 1125. INCREASE IN AUTHORIZED NUMBER OF POSITIONS IN
DEFENSE INTELLIGENCE SENIOR EXECUTIVE SERVICE.
Section 1606(a) of title 10, United States Code, is amended
by striking ‘‘544’’ and inserting ‘‘594’’.
TITLE XII—MATTERS RELATING TO
FOREIGN NATIONS
SUBTITLE A—ASSISTANCE AND TRAINING
Sec. 1201. Extension of humanitarian and civic assistance provided to host nations
in conjunction with military operations.
Sec. 1202. Commanders’ Emergency Response Program.
Sec. 1203. Modification of geographic restriction under bilateral and regional co-
operation programs for payment of certain expenses of defense per-
sonnel of developing countries.
Sec. 1204. 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. 1205. Two-year extension of authority for payment of certain administrative
services and support for coalition liaison officers.
Sec. 1206. Authority to build the capacity of foreign military forces.
Sec. 1207. Security and stabilization assistance.
Sec. 1208. Reimbursement of certain coalition nations for support provided to
United States military operations.
Sec. 1209. Authority to transfer defense articles and provide defense services to the
military and security forces of Iraq and Afghanistan.
SUBTITLE B—NONPROLIFERATION MATTERS AND COUNTRIES OF CONCERN
Sec. 1211. Prohibition on procurements from Communist Chinese military compa-
nies.
Sec. 1212. Report on nonstrategic nuclear weapons.
SUBTITLE C—REPORTS AND SENSE OF CONGRESS PROVISIONS
Sec. 1221. War-related reporting requirements.
50 USC 403–1b
note.
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Sec. 1222. Quarterly reports on war strategy in Iraq.
Sec. 1223. Report on records of civilian casualties in Afghanistan and Iraq.
Sec. 1224. Annual report on Department of Defense costs to carry out United Na-
tions resolutions.
Sec. 1225. Report on claims related to the bombing of the LaBelle Discotheque.
Sec. 1226. Sense of Congress concerning cooperation with Russia on issues per-
taining to missile defense.
Sec. 1227. United States policy on Iraq.
SUBTITLE D—OTHER MATTERS
Sec. 1231. Purchase of weapons overseas for force protection purposes in countries
in which combat operations are ongoing.
Sec. 1232. Riot control agents.
Sec. 1233. Requirement for establishment of certain criteria applicable to Global
Posture Review.
Sec. 1234. The United States-China Economic Security Review Commission.
Subtitle A—Assistance and Training
SEC. 1201. EXTENSION OF HUMANITARIAN AND CIVIC ASSISTANCE
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, training, and tech-
nical assistance related to the care provided’’ before the period
at the end.
SEC. 1202. COMMANDERS’ EMERGENCY RESPONSE PROGRAM.
(a) AUTHORITY FOR FISCAL YEARS 2006 AND 2007.—During each
of fiscal years 2006 and 2007, from funds made available to the
Department of Defense for operation and maintenance for such
fiscal year, not to exceed $500,000,000 may be used by the Secretary
of Defense in such fiscal year to provide funds—
(1) for the Commanders’ Emergency Response Program;
and
(2) for a similar program to assist the people of Afghani-
stan.
(b) QUARTERLY REPORTS.—Not later than 15 days after the
end of each fiscal-year quarter of fiscal years 2006 and 2007, the
Secretary of Defense shall submit to the congressional defense
committees a report regarding the source of funds and the allocation
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 of the programs under
subsection (a).
(c) SUBMISSION OF GUIDANCE.—
(1) INITIAL SUBMISSION.—Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a copy
of the guidance issued by the Secretary to the Armed Forces
concerning the allocation of funds through the Commanders’
Emergency Response Program and any similar program to
assist the people of Afghanistan.
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(2) MODIFICATIONS.—If the guidance in effect for the pur-
pose stated in paragraph (1) is modified, the Secretary shall
submit to the congressional defense committees a copy of the
modification not later than 15 days after the date on which
the Secretary makes the modification.
(d) WAIVER
AUTHORITY.—For purposes of exercising the
authority provided by this section or any other provision of law
making funding available for the Commanders’ Emergency
Response Program or any similar program to assist the people
of Afghanistan, the Secretary of Defense may waive any provision
of law not contained in this section that would (but for the waiver)
prohibit, restrict, limit, or otherwise constrain the exercise of that
authority.
(e) COMMANDERS’ EMERGENCY RESPONSE PROGRAM DEFINED.—
In this section, the term ‘‘Commanders’ Emergency Response Pro-
gram’’ means the program established by the Administrator of
the Coalition Provisional Authority for the purpose of enabling
United States military commanders in Iraq to respond to urgent
humanitarian relief and reconstruction requirements within their
areas of responsibility by carrying out programs that will imme-
diately assist the Iraqi people.
SEC. 1203. MODIFICATION OF GEOGRAPHIC RESTRICTION UNDER
BILATERAL AND REGIONAL COOPERATION 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 bilateral or regional conference,
seminar, or similar meeting for which expenses are authorized
is located’’.
SEC. 1204. 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.
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. 1205. TWO-YEAR EXTENSION OF AUTHORITY FOR PAYMENT OF
CERTAIN ADMINISTRATIVE SERVICES 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’’.
SEC. 1206. AUTHORITY TO BUILD THE CAPACITY OF FOREIGN MILI-
TARY FORCES.
(a) AUTHORITY.—The President may direct the Secretary of
Defense to conduct or support a program to build the capacity
of a foreign country’s national military forces in order for that
country to—
(1) conduct counterterrorist operations; or
Records.
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(2) participate in or support military and stability oper-
ations in which the United States Armed Forces are a partici-
pant.
(b) TYPES OF CAPACITY BUILDING.—
(1) AUTHORIZED ELEMENTS.—The program directed by the
President under subsection (a) may include the provision of
equipment, supplies, and training.
(2) REQUIRED
ELEMENTS.—The program directed by the
President under subsection (a) shall include elements that
promote—
(A) observance of and respect for human rights and
fundamental freedoms; and
(B) respect for legitimate civilian authority within that
country.
(c) LIMITATIONS.—
(1) ANNUAL
FUNDING
LIMITATION.—The Secretary of
Defense may use up to $200,000,000 of funds available for
defense-wide operation and maintenance for any fiscal year
to conduct or support activities directed by the President under
subsection (a) in that fiscal year.
(2) ASSISTANCE OTHERWISE PROHIBITED BY LAW.—The Presi-
dent may not use the authority in subsection (a) to provide
any type of assistance described in subsection (b) that is other-
wise prohibited by any provision of law.
(3) LIMITATION
ON
ELIGIBLE
COUNTRIES.—The President
may not use the authority in subsection (a) to provide assistance
described in subsection (b) to any foreign country that is other-
wise prohibited from receiving such type of assistance under
any other provision of law.
(d) FORMULATION AND EXECUTION OF PROGRAM.—The Secretary
of Defense and the Secretary of State shall jointly formulate any
program directed by the President under subsection (a). The Sec-
retary of Defense shall coordinate with the Secretary of State in
the implementation of any program directed by the President under
subsection (a).
(e) CONGRESSIONAL NOTIFICATION.—
(1) PRESIDENTIAL DIRECTION.—At the time the President
directs the Secretary of Defense to conduct or support a program
authorized in subsection (a), the President shall provide a writ-
ten copy of that direction to the Congress.
(2) ACTIVITIES IN A COUNTRY.—Not less than 15 days before
initiating activities in any country as directed by the President
under subsection (a), the Secretary of Defense, in coordination
with the Secretary of State, shall submit to the congressional
committees specified in paragraph (3) a notice of the following:
(A) The country whose capacity to engage in activities
in subsection (a) will be built.
(B) The budget, implementation timeline with mile-
stones, and completion date for completing the program
directed by the President.
(C) The source and planned expenditure of funds to
complete the program directed by the President.
(3) SPECIFIED CONGRESSIONAL COMMITTEES.—The congres-
sional committees specified in this paragraph are the following:
(A) The Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on Appropriations
of the Senate.
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(B) The Committee on Armed Services, the Committee
on International Relations, and the Committee on Appro-
priations of the House of Representatives.
(f) REPORT.—Not later than one year after the date of the
enactment of this Act, the President shall transmit to the congres-
sional committees specified in subsection (e)(3) a report examining
the following issues:
(1) The strengths and weaknesses of the Foreign Assistance
Act of 1961, the Arms Export Control Act, and any other
provision of law related to the building of the capacity of
foreign governments or the training and equipping of foreign
military forces, including strengths and weaknesses for the
purposes described in subsection (a).
(2) The changes, if any, that should be made to the Foreign
Assistance Act of 1961, the Arms Export Control Act, and
any other relevant provision of law that would improve the
ability of the United States Government to build the capacity
of foreign governments or train and equip foreign military
forces, including for the purposes described in subsection (a).
(3) The organizational and procedural changes, if any, that
should be made in the Department of State and the Department
of Defense to improve their ability to conduct programs to
build the capacity of foreign governments or train and equip
foreign military forces, including for the purposes described
in subsection (a).
(4) The resources and funding mechanisms required to
assure adequate funding for such programs.
(g) TERMINATION OF PROGRAM.—The authority of the President
under subsection (a) to direct the Secretary of Defense to conduct
a program terminates at the close of September 30, 2007. Any
program directed before that date may be completed, but only
using funds available for fiscal year 2006 or fiscal year 2007.
SEC. 1207. SECURITY AND STABILIZATION ASSISTANCE.
(a) AUTHORITY.—The Secretary of Defense may provide services
to, and transfer defense articles and funds to, the Secretary of
State for the purposes of facilitating the provision by the Secretary
of State of reconstruction, security, or stabilization assistance to
a foreign country.
(b) LIMITATION.—The aggregate value of all services, defense
articles, and funds provided or transferred to the Secretary of
State under this section in any fiscal year may not exceed
$100,000,000.
(c) AVAILABILITY OF FUNDS.—Any funds transferred to the Sec-
retary of State under this section may remain available until
expended.
(d) CONGRESSIONAL NOTIFICATION.—
(1) REQUIREMENT FOR NOTICE.—Whenever the Secretary
of Defense exercises the authority under subsection (a), the
Secretary shall, at the time the authority is exercised, notify
the congressional committees specified in paragraph (3) of the
exercise of that authority. Any such notification shall be pre-
pared in coordination with the Secretary of State.
(2) CONTENT
OF
NOTIFICATION.—Any notification under
paragraph (1) shall include a description of—
(A) the services, defense articles, or funds provided
or transferred to the Secretary of State; and
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(B) the purpose for which such services, defense arti-
cles, and funds will be used.
(3) SPECIFIED CONGRESSIONAL COMMITTEES.—The congres-
sional committees specified in this paragraph are the following:
(A) The Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on Appropriations
of the Senate.
(B) The Committee on Armed Services, the Committee
on International Relations, and the Committee on Appro-
priations of the House of Representatives.
(e) APPLICABLE LAW.—Any services, defense articles, or funds
provided or transferred to the Secretary of State under the authority
of this section that the Secretary of State uses to provide reconstruc-
tion, security, or stabilization assistance to a foreign country shall
be subject to the authorities and limitations in the Foreign Assist-
ance Act of 1961, the Arms Export Control Act, or any law making
appropriations to carry out such Acts.
(f) EXPIRATION.—The authority provided under subsection (a)
may not be exercised after September 30, 2007.
SEC. 1208. REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR
SUPPORT PROVIDED TO UNITED STATES MILITARY
OPERATIONS.
(a) AUTHORITY.—From funds made available for the Depart-
ment of Defense by title XV for Defense-Wide Operation and Mainte-
nance, the Secretary of Defense may reimburse any key cooperating
nation for logistical and military support provided by that nation
to or in connection with United States military operations in Iraq,
Afghanistan, and the global war on terrorism.
(b) DETERMINATIONS.—Payments authorized under subsection
(a) may be made in such amounts as the Secretary of Defense,
with the concurrence of the Secretary of State and in consultation
with the Director of the Office of Management and Budget, may
determine, in the Secretary’s discretion, based on documentation
determined by the Secretary of Defense to adequately account for
the support provided. Any such determination by the Secretary
of Defense shall be final and conclusive upon the accounting officers
of the United States. To the maximum extent practicable, the
Secretary shall develop standards for determining the kinds of
logistical and military support to the United States that shall
be considered reimbursable under this section.
(c) LIMITATIONS.—
(1) TOTAL AMOUNT.—The total amount of payments made
under the authority of this section during fiscal year 2006
may not exceed $1,500,000,000.
(2) PROHIBITION ON CONTRACTUAL OBLIGATIONS TO MAKE
PAYMENTS.—The Secretary may not enter into any contractual
obligation to make a payment under the authority of this sec-
tion.
(d) 
CONGRESSIONAL
NOTIFICATIONS.—The 
Secretary 
of
Defense—
(1) shall notify the congressional defense committees not
less than 15 days before making any payment under the
authority of this section; and
(2) shall submit to those committees quarterly reports on
the use of the authority under this section.
Reports.
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SEC. 1209. AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PRO-
VIDE DEFENSE SERVICES TO THE MILITARY AND SECU-
RITY FORCES OF IRAQ AND AFGHANISTAN.
(a) AUTHORITY.—The President is authorized to transfer defense
articles from the stocks of the Department of Defense and to provide
defense services in connection with the transfer of such defense
articles to the military and security forces of Iraq and Afghanistan
in order to support the efforts of those forces to restore and maintain
peace and security in those countries.
(b) LIMITATION.—The aggregate value of all defense articles
transferred and defense services provided to Iraq and Afghanistan
under subsection (a) may not exceed $500,000,000.
(c) APPLICABLE
LAW.—Any defense articles transferred or
defense services provided to Iraq or Afghanistan under the authority
of subsection (a) shall be subject to the authorities and limitations
applicable to the transfer of excess defense articles under section
516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), other
than the authorities and limitations contained in subsections
(b)(1)(B), (e), (f), and (g) of such section.
(d) NOTIFICATION.—
(1) IN GENERAL.—The President may not transfer defense
articles or provide defense services under subsection (a) until
15 days after the date on which the President has provided
notice of the proposed transfer of defense articles or provision
of defense services to the appropriate congressional committees.
(2) CONTENTS.—Such notification shall include—
(A) the information required by subparagraphs (A)
through (D) of section 516(f)(2) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j(f)(2)(A) through (D));
(B) a description of the amount and type of each
defense article to be transferred or defense service to be
provided and the brigade-level unit from which the defense
article is to be transferred or defense service is to be
provided, if applicable; and
(C) an identification of the element of the military
or security force that is the proposed recipient of each
defense article to be transferred or defense service to be
provided.
(e) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Appropriations, the Committee
on Armed Services, and the Committee on International
Relations of the House of Representatives; and
(B) the Committee on Appropriations, the Committee
on Armed Services, and the Committee on Foreign Rela-
tions of the Senate.
(2) DEFENSE ARTICLES.—The term ‘‘defense articles’’ has
the meaning given the term in section 644(d) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2403(d)).
(3) DEFENSE SERVICES.—The term ‘‘defense services’’ has
the meaning given the term in section 644(f) of such Act (22
U.S.C. 2403(f)).
(4) MILITARY AND SECURITY FORCES.—The term ‘‘military
and security forces’’ has the meaning given the term in section
1202(e) of the Ronald W. Reagan National Defense Authoriza-
tion Act for Fiscal Year 2005 (Public Law 108–375).
President.
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(f) EXPIRATION.—The authority provided under subsection (a)
may not be exercised after September 30, 2006.
Subtitle B—Nonproliferation Matters and
Countries of Concern
SEC. 1211. PROHIBITION ON PROCUREMENTS FROM COMMUNIST CHI-
NESE MILITARY COMPANIES.
(a) PROHIBITION.—The Secretary of Defense may not procure
goods or services described in subsection (b), through a contract
or any subcontract (at any tier) under a contract, from any Com-
munist Chinese military company.
(b) GOODS AND SERVICES COVERED.—For purposes of subsection
(a), the goods and services described in this subsection are goods
and services on the munitions list of the International Trafficking
in Arms Regulations, other than goods or services procured—
(1) in connection with a visit by a vessel or an aircraft
of the United States Armed Forces to the People’s Republic
of China;
(2) for testing purposes; or
(3) for purposes of gathering intelligence.
(c) WAIVER AUTHORIZED.—The Secretary of Defense may waive
the prohibition in subsection (a) if the Secretary determines such
a waiver is necessary for national security purposes. The Secretary
shall notify the congressional defense committees of each waiver
made under this subsection.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘Communist Chinese military company’’ has
the meaning provided that term by section 1237(b)(4) of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (50 U.S.C. 1701 note).
(2) The term ‘‘munitions list of the International Trafficking
in Arms Regulations’’ means the United States Munitions List
contained in part 121 of subchapter M of title 22 of the Code
of Federal Regulations.
SEC. 1212. REPORT ON NONSTRATEGIC NUCLEAR WEAPONS.
(a) REVIEW.—Not later than six months after the date of the
enactment of this Act, the Secretary of Defense shall, in consultation
with the Secretary of State and the Secretary of Energy, conduct
a review of United States and Russian nonstrategic nuclear weapons
and determine whether it is in the national security interest of
the United States—
(1) to reduce the number of United States and Russian
nonstrategic nuclear weapons;
(2) to improve the security of United States and Russian
nonstrategic nuclear weapons in storage and during transport;
(3) to identify and develop mechanisms and procedures
to implement transparent reductions in nonstrategic nuclear
weapons; and
(4) to identify and develop mechanisms and procedures
to implement the transparent dismantlement of excess nonstra-
tegic nuclear weapons.
(b) REPORT.—
(1) IN GENERAL.—The Secretary of Defense shall submit
to the congressional defense committees a joint report, prepared
10 USC 2302
note.
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in consultation with the Secretary of State and the Secretary
of Energy, on the results of the review required under sub-
section (a). The report shall include a plan to implement, not
later than October 1, 2006, actions determined as a result
of the review to be in the United States national security
interest.
(2) FORM.—The report required under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
Subtitle C—Reports and Sense of Congress
Provisions
SEC. 1221. WAR-RELATED REPORTING REQUIREMENTS.
(a) REPORT REQUIRED FOR OPERATION IRAQI FREEDOM, OPER-
ATION ENDURING FREEDOM, AND OPERATION NOBLE EAGLE.—The
Secretary of Defense shall submit to the congressional defense
committees, in accordance with this section, a report on procure-
ment and equipment maintenance costs for each of Operation Iraqi
Freedom, Operation Enduring Freedom, and Operation Noble Eagle
and on facility infrastructure costs associated with each of Operation
Iraqi Freedom and Operation Enduring Freedom. The report shall
include the following:
(1) PROCUREMENT.—A specification of costs of procurement
funding requested since fiscal year 2003, together with end-
item quantities requested and the purpose of the request (such
as replacement for battle losses, improved capability, increase
in force size, restructuring of forces), shown by service.
(2) EQUIPMENT MAINTENANCE.—A cost comparison of the
requirements for equipment maintenance expenditures during
peacetime and for such requirements during wartime, as shown
by the requirements in each of Operation Iraqi Freedom, Oper-
ation Enduring Freedom, and Operation Noble Eagle. The cost
comparison shall include—
(A) a description of the effect of war operations on
the backlog of maintenance requirements over the period
of fiscal years 2003 to the time of the report; and
(B) an examination of the extent to which war oper-
ations have precluded maintenance from being performed
because equipment was unavailable.
(3) OPERATION IRAQI FREEDOM AND OPERATION ENDURING
FREEDOM INFRASTRUCTURE.—A specification of the number of
United States military personnel that can be supported by
the facility infrastructure in Iraq and Afghanistan and in the
neighboring countries from where Operation Iraq Freedom and
Operation Enduring Freedom are supported.
(b) SUBMISSION REQUIREMENTS.—The report under subsection
(a) shall be submitted not later than 180 days after the date
of the enactment of this Act. The Secretary of Defense shall submit
an updated report on procurement, equipment maintenance, and
military construction costs, as specified in subsection (a), concur-
rently with any request made to Congress after the date of the
enactment of this Act for war-related funding.
(c) SUBMISSION TO GAO OF CERTAIN REPORTS ON COSTS.—The
Secretary of Defense shall submit to the Comptroller General, not
later than 45 days after the end of each reporting month, the
10 USC 113 note.
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Department of Defense Supplemental and Cost of War Execution
reports. Based on these reports, the Comptroller General shall
provide to Congress quarterly updates on the costs of Operation
Iraqi Freedom and Operation Enduring Freedom.
SEC. 1222. QUARTERLY REPORTS ON WAR STRATEGY IN IRAQ.
(a) QUARTERLY REPORTS.—At the same time the Secretary of
Defense submits to Congress each report on stability and security
in Iraq that is submitted to Congress after the date of the enactment
of this Act under the Joint Explanatory Statement of the Committee
on Conference to accompany the conference report on the bill H.R.
1268 of the 109th Congress, the Secretary of Defense and appro-
priate personnel of the Central Intelligence Agency shall provide
the appropriate committees of Congress a briefing on the strategy
for the war in Iraq, including the intelligence and other measures
of evaluation used in determining the progress made in the execu-
tion of that strategy.
(b) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Armed Services, the Select Committee
on Intelligence, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Permanent Select
Committee on Intelligence, and the Committee on Appropria-
tions of the House of Representatives.
(c) TERMINATION OF REQUIREMENT.—This section shall cease
to be in effect after 12 of the quarterly briefings specified in sub-
section (a) have been provided or December 31, 2008, whichever
is later.
SEC. 1223. REPORT ON RECORDS OF CIVILIAN CASUALTIES IN
AFGHANISTAN AND IRAQ.
(a) REPORT.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on records of civilian
casualties in Afghanistan and Iraq.
(b) MATTERS TO BE INCLUDED.—The report under subsection
(a) shall include the following:
(1) Whether records of civilian casualties in Afghanistan
and Iraq are kept by the United States Armed Forces and
if such records are kept—
(A) how and from what sources the information for
those records is collected;
(B) where those records are kept; and
(C) what officials or organizations are responsible for
maintaining those records.
(2) Whether such records (if kept) contain—
(A) any information relating to the circumstances
under which the casualties occurred and whether those
casualties were fatalities or injuries;
(B) information as to whether any condolence payment,
compensation, or assistance was provided to the victim
or to the victim’s family; and
(C) any other information relating to those casualties.
SEC. 1224. ANNUAL REPORT ON DEPARTMENT OF DEFENSE COSTS
TO CARRY OUT UNITED NATIONS RESOLUTIONS.
(a) REQUIREMENT FOR ANNUAL REPORT.—
10 USC 113 note.
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(1) DEPARTMENT OF DEFENSE COSTS.—Not later than April
30 of each year, the Secretary of Defense shall submit to the
congressional committees specified in paragraph (2) a report
on Department of Defense costs during the preceding fiscal
year to carry out United Nations resolutions.
(2) SPECIFIED COMMITTEES.—The committees specified in
this paragraph are—
(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on Appropriations
of the Senate; and
(B) the Committee on Armed Services, the Committee
on International Relations, and the Committee on Appro-
priations of the House of Representatives.
(b) MATTERS TO BE INCLUDED.—Each report under subsection
(a) shall set forth the following:
(1) All direct and indirect costs (including incremental
costs) incurred by the Department of Defense during the pre-
ceding fiscal year in implementing or supporting any resolution
adopted by the United Nations Security Council, including any
such resolution calling for—
(A) international sanctions;
(B) international peacekeeping operations;
(C) international peace enforcement operations;
(D) monitoring missions;
(E) observer missions; or
(F) humanitarian missions.
(2) An aggregate of all such Department of Defense costs
by operation or mission and the total cost to United Nations
members of each operation or mission.
(3) All direct and indirect costs (including incremental
costs) incurred by the Department of Defense during the pre-
ceding fiscal year in training, equipping, and otherwise
assisting, preparing, providing resources for, and transporting
foreign defense or security forces for implementing or sup-
porting any resolution adopted by the United Nations Security
Council, including any such resolution specified in paragraph
(1).
(4) All efforts made to seek credit against past United
Nations expenditures.
(5) All efforts made to seek compensation from the United
Nations for costs incurred by the Department of Defense in
implementing and supporting United Nations activities.
(c) COORDINATION.—The report under subsection (a) each year
shall be prepared in coordination with the Secretary of State.
(d) FORM OF REPORT.—Each report required by this section
shall be submitted in unclassified form, but may include a classified
annex.
SEC. 1225. REPORT ON CLAIMS RELATED TO THE BOMBING OF THE
LABELLE DISCOTHEQUE.
(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the Government of Libya should be commended for
the steps the Government has taken to renounce terrorism
and to eliminate Libya’s weapons of mass destruction and
related programs; and
(2) an important priority for improving relations between
the United States and Libya should be a good faith effort
Germany.
Libya.
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on the part of the Government of Libya to resolve the claims
of members of the Armed Forces of the United States and
other United States citizens who were injured in the bombing
of the LaBelle Discotheque in Berlin, Germany that occurred
in April 1986, and of family members of members of the Armed
Forces of the United States who were killed in that bombing.
(b) REPORTS.—
(1) INITIAL REPORT.—Not later than 90 days after the date
of enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a report on the
status of negotiations between the Government of Libya and
United States claimants in connection with the bombing of
the LaBelle Discotheque in Berlin, Germany that occurred in
April 1986, regarding resolution of their claims. The report
shall also include information on efforts by the Government
of the United States to urge the Government of Libya to make
a good faith effort to resolve such claims.
(2) UPDATE.—Not later than one year after enactment of
this Act, the Secretary of State shall submit to the appropriate
congressional committees an update of the report required by
paragraph (1).
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’ means
the Committee on Armed Services and the Committee on Foreign
Relations of the Senate and the Committee on Armed Services
and the Committee on International Relations of the House of
Representatives.
SEC. 1226. SENSE OF CONGRESS CONCERNING COOPERATION 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 interest of the United States;
(2) there does not exist strong enough engagement between
the United States and Russia with respect to missile defense
cooperation;
(3) the United States should explore innovative and non-
traditional means of cooperation with Russia on issues per-
taining 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 Department of Defense through the
use of Russian target missiles;
(B) the provision of early warning radar to the Missile
Defense Agency by the use of Russian radar data; and
(C) the implementation of the Joint Data Exchange
Center in Moscow to improve early warning capabilities.
SEC. 1227. UNITED STATES POLICY ON IRAQ.
(a) SHORT TITLE.—This section may be cited as the ‘‘United
States Policy in Iraq Act’’.
(b) SENSE OF CONGRESS.—It is the sense of the Congress that,
in order to succeed in Iraq—
(1) members of the United States Armed Forces who are
serving or have served in Iraq and their families deserve the
United States
Policy in Iraq
Act.
50 USC 1541
note.
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utmost respect and the heartfelt gratitude of the American
people for their unwavering devotion to duty, service to the
Nation, and selfless sacrifice under the most difficult cir-
cumstances; the United States Congress supports our troops
and supports a successful conclusion to their mission;
(2) it is important to recognize that the Iraqi people have
made enormous sacrifices and that the overwhelming majority
of Iraqis want to live in peace and security; and that the
Iraqi security forces in a growing number of incidences are
fighting side-by-side with coalition forces, are increasing in
numbers and improving in military capability;
(3) the terrorists seeking to prevent the emergence of a
secure, stable, peaceful, and democratic Iraq are led by individ-
uals seeking to restore dictatorship in Iraq or who want to
advance al Qaeda’s broad vision of violently extreme Islam
in the Middle East;
(4) calendar year 2006 should be a period of significant
transition to full Iraqi sovereignty, with Iraqi security forces
taking the lead for the security of a free and sovereign Iraq,
thereby creating the conditions for the phased redeployment
of United States forces from Iraq;
(5) United States military forces should not stay in Iraq
any longer than required and the professional military judg-
ment of our senior military should be a key factor in future
decisions;
(6) the Administration should tell the leaders of all groups
and political parties in Iraq that they need to make the com-
promises necessary to achieve the broad-based and sustainable
political settlement that is essential for defeating the insur-
gency in Iraq, within the schedule they set for themselves;
and
(7) the President has committed to continue to explain
to Congress and the American people progress toward a success-
ful completion of the mission in Iraq.
(c) REPORTS TO CONGRESS ON UNITED STATES POLICY AND MILI-
TARY OPERATIONS IN IRAQ.—Not later than 90 days after the date
of the enactment of this Act, and every three months thereafter
until all United States combat brigades have redeployed from Iraq,
the President shall submit to Congress a report on United States
policy and military operations in Iraq. To the maximum extent
practicable, the report required in (c) shall be unclassified, with
a classified annex if necessary. Each report shall include to the
extent practical, the following information:
(1) The current military mission and the diplomatic, polit-
ical, economic, and military measures that are being or have
been undertaken to successfully complete or support that mis-
sion, including:
(A) Efforts to convince Iraq’s main communities to
make the compromises necessary for a broad-based and
sustainable political settlement.
(B) Engaging the international community and the
region in efforts to stabilize Iraq and to forge a broad-
based and sustainable political settlement.
(C) Strengthening the capacity of Iraq’s government
ministries.
(D) Accelerating the delivery of basic services.
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(E) Securing the delivery of pledged economic assist-
ance from the international community and additional
pledges of assistance.
(F) Training Iraqi security forces and transferring addi-
tional security responsibilities to those forces and the
government of Iraq.
(2) Whether the Iraqis have made the compromises nec-
essary to achieve the broad-based and sustainable political
settlement that is essential for defeating the insurgency in
Iraq.
(3) Any specific conditions included in the April 2005 Multi-
National Forces-Iraq campaign action plan (referred to in
United States Government Accountability Office October 2005
report on Rebuilding Iraq: DOD Reports Should Link Economic,
Governance, and Security Indicators to Conditions for Stabi-
lizing Iraq), and any subsequent updates to that campaign
plan, that must be met in order to provide for the transition
of additional security responsibility to Iraqi security forces.
(4) To the extent that these conditions are not covered
under paragraph (3), the following should also be addressed:
(A) The number of battalions of the Iraqi Armed Forces
that must be able to operate independently or to take
the lead in counterinsurgency operations and the defense
of Iraq’s territory.
(B) The number of Iraqi special police units that must
be able to operate independently or to take the lead in
maintaining law and order and fighting the insurgency.
(C) The number of regular police that must be trained
and equipped to maintain law and order.
(D) The ability of Iraq’s Federal ministries and provin-
cial and local governments to independently sustain, direct,
and coordinate Iraq’s security forces.
(5) The criteria to be used to evaluate progress toward
meeting such conditions.
(6) A plan for meeting such conditions, an assessment
of the extent to which such conditions have been met, informa-
tion regarding variables that could alter that plan, and the
reasons for any subsequent changes to that plan.
Subtitle D—Other Matters
SEC. 1231. PURCHASE OF WEAPONS OVERSEAS FOR FORCE PROTEC-
TION PURPOSES IN COUNTRIES IN WHICH COMBAT OPER-
ATIONS ARE ONGOING.
(a) FORCE PROTECTION PURCHASES.—Chapter 3 of title 10,
United States Code, is amended by inserting after section 127b
the following new section:
‘‘§ 127c. Purchase of weapons overseas: force protection
‘‘(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, purchase weapons from any foreign person, foreign
government, international organization, or other entity located in
that country.
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‘‘(b) LIMITATION.—The total amount expended during any fiscal
year for purchases under this section may not exceed $15,000,000.
‘‘(c) SEMIANNUAL CONGRESSIONAL REPORT.—In any case in
which the authority provided in subsection (a) is used during the
period of the first six months of a fiscal year, or during the period
of the second six months of a fiscal year, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate
and Committee on Armed Services of the House of Representatives
a report on the use of that authority during that six-month period.
Each such report shall be submitted not later than 30 days after
the end of the six-month period during which the authority is
used. Each such report shall include the following:
‘‘(1) The number and type of weapons purchased under
subsection (a) during that six-month period covered by the
report, 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
six-month period of weapons purchased under subsection (a).’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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.’’.
SEC. 1232. RIOT CONTROL AGENTS.
(a) RESTATEMENT OF POLICY.—It is the policy of the United
States that riot control agents are not chemical weapons and that
the President may authorize their use as legitimate, legal, and
non-lethal alternatives to the use of force that, as provided in
Executive Order No. 11850 (40 Fed. Reg. 16187) and consistent
with the resolution of ratification of the Chemical Weapons Conven-
tion, may be employed by members of the Armed Forces in war
in defensive military modes to save lives, including the illustrative
purposes cited in Executive Order No. 11850.
(b) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the President shall submit to
Congress a report on the use of riot control agents by members
of the Armed Forces.
(2) CONTENT.—The report required by paragraph (1) shall
include—
(A) a description of all regulations, doctrines, training
materials, and any other information related to the use
of riot control agents by members of the Armed Forces;
(B) a description of how the material described in
subparagraph (A) is consistent with United States policy
on the use of riot control agents;
(C) a description of the availability of riot control
agents, and the means to use them, to members of the
Armed Forces, including members of the Armed Forces
deployed in Iraq and Afghanistan;
(D) a description of the frequency and circumstances
of the use of riot control agents by members of the Armed
Forces since January 1, 1992, and a summary of views
held by commanders of United States combatant commands
as to the utility of the use of riot control agents by members
of the Armed Forces when compared with alternatives;
50 USC 1512
note.
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(E) a general description of steps taken or planned
to be taken by the Department of Defense to clarify the
circumstances under which riot control agents may be used
by members of the Armed Forces; and
(F) a brief explanation of the continuing validity of
Executive Order No. 11850 under United States law.
(3) FORM.—The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(c) DEFINITIONS.—In this section:
(1) CHEMICAL WEAPONS CONVENTION.—The term ‘‘Chemical
Weapons Convention’’ means the Convention on the Prohibi-
tions of Development, Production, Stockpiling and Use of Chem-
ical Weapons and on Their Destruction, with annexes, done
at Paris, January 13, 1993, and entered into force April 29,
1997 (T. Doc. 103–21).
(2) RESOLUTION
OF
RATIFICATION
OF
THE
CHEMICAL
WEAPONS CONVENTION.—The term ‘‘resolution of ratification of
the Chemical Weapons Convention’’ means S. Res. 75, 105th
Congress, agreed to April 24, 1997, advising and consenting
to the ratification of the Chemical Weapons Convention.
SEC. 1233. REQUIREMENT FOR ESTABLISHMENT OF CERTAIN CRI-
TERIA APPLICABLE TO GLOBAL POSTURE REVIEW.
(a) CRITERIA.—As part of the Integrated Global Presence and
Basing Strategy (IGPBS) developed by the Department of Defense
that is referred to as the ‘‘Global Posture Review’’, the Secretary
of Defense, in consultation with the Chairman of the Joint Chiefs
of Staff, shall develop criteria for assessing, with respect to each
type of facility specified in subsection (c) that is to be located
in a foreign country, the following factors:
(1) The effect of any new basing arrangements on the
strategic mobility requirements of the Department of Defense.
(2) The ability of units deployed to overseas locations in
areas in which United States Armed Forces have not tradition-
ally been deployed to meet mobility response times required
by operational planners.
(3) The cost of deploying units to areas referred to in
paragraph (2) on a rotational basis (rather than on a permanent
basing basis).
(4) The strategic benefit of rotational deployments through
countries with which the United States is developing a close
or new security relationship.
(5) Whether the relative speed and complexity of conducting
negotiations with a particular country is a discriminator in
the decision to deploy forces within the country.
(6) The appropriate and available funding mechanisms for
the establishment, operation, and sustainment of specific Main
Operating Bases, Forward Operating Bases, or Cooperative
Security Locations.
(7) The effect on military quality of life of the unaccom-
panied deployment of units to new facilities in overseas loca-
tions.
(8) Other criteria as Secretary of Defense determines appro-
priate.
10 USC 113 note.
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(b) ANALYSIS OF ALTERNATIVES TO BASING OR OPERATING LOCA-
TIONS.—The Secretary of Defense, in consultation with the Chair-
man of the Joint Chiefs of Staff, shall develop a mechanism for
analyzing alternatives to any particular overseas basing or oper-
ating location. Such a mechanism shall incorporate the factors
specified in each of paragraphs (1) through (5) of subsection (a).
(c) MINIMAL INFRASTRUCTURE REQUIREMENTS
FOR OVERSEAS
INSTALLATIONS.—The Secretary of Defense shall develop a descrip-
tion of minimal infrastructure requirements for each of the following
types of facilities:
(1) Facilities categorized as Main Operating Bases.
(2) Facilities categorized as Forward Operating Bases.
(3) Facilities categorized as Cooperative Security Locations.
(d) NOTIFICATION REQUIRED.—Not later than 30 days after
an agreement is entered into between the United States and a
foreign country to support the deployment of elements of the United
States Armed Forces in that country, the Secretary of Defense
shall submit to the congressional defense committees a written
notification of such agreement. The notification under this sub-
section shall include the terms of the agreement, any costs to
the United States resulting from the agreement, and a timeline
to carry out the terms of the agreement.
(e) ANNUAL BUDGET ELEMENT.—The Secretary of Defense shall
submit to Congress, as an element of the annual budget request
of the Secretary, information regarding the funding sources for
the establishment, operation, and sustainment of individual Main
Operating Bases, Forward Operating Bases, or Cooperative Security
Locations.
(f) REPORT.—Not later than March 30, 2006, the Secretary
of Defense shall submit to Congress a report on the matters speci-
fied in subsections (a) through (c).
SEC. 1234. THE UNITED STATES-CHINA ECONOMIC SECURITY REVIEW
COMMISSION.
(a) FINDINGS.—Congress finds the following:
(1) The 2004 Report to Congress of the United States-
China Economic and Security Review Commission states that—
(A) China’s State-Owned Enterprises (SOEs) lack ade-
quate disclosure standards, which creates the potential
for United States investors to unwittingly contribute to
enterprises that are involved in activities harmful to United
States security interests;
(B) United States influence and vital long-term
interests in Asia are being challenged by China’s robust
regional economic engagement and diplomacy;
(C) the assistance of China and North Korea to global
ballistic missile proliferation is extensive and ongoing;
(D) China’s transfers of technology and components
for weapons of mass destruction (WMD) and their delivery
systems to countries of concern, including countries that
support acts of international terrorism, have helped create
a new tier of countries with the capability to produce
WMD and ballistic missiles;
(E) the removal of the European Union arms embargo
against China that is currently under consideration in the
European Union would accelerate weapons modernization
and dramatically enhance Chinese military capabilities;
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(F) China is developing a leading-edge military with
the objective of intimidating Taiwan and deterring United
States involvement in the Taiwan Strait, and China’s quali-
tative and quantitative military advancements have
already resulted in a dramatic shift in the cross-Strait
military balance toward China; and
(G) China’s growing energy needs are driving China
into bilateral arrangements that undermine multilateral
efforts to stabilize oil supplies and prices, and in some
cases may involve dangerous weapons transfers.
(2) On March 14, 2005, the National People’s Congress
approved a law that would authorize the use of force if Taiwan
formally declares independence.
(b) SENSE OF CONGRESS FOR COMPREHENSIVE STRATEGY.—It
is the sense of Congress that the President should present to
Congress quickly a comprehensive strategy to—
(1) address the emergence of China economically, diplomati-
cally, and militarily;
(2) promote mutually beneficial trade relations with China;
and
(3) encourage China’s adherence to international norms
in the areas of trade, international security, and human rights.
(c) CONTENTS OF STRATEGY.—The strategy referred to in sub-
section (b) should address the following:
(1) Actions to address China’s policy of undervaluing its
currency, including—
(A) encouraging China to continue to upwardly revalue
the Chinese yuan against the United States dollar;
(B) allowing the yuan to float against a trade-weighted
basket of currencies; and
(C) concurrently encouraging United States trading
partners with similar interests to join in these efforts.
(2) Actions to make better use of the World Trade Organiza-
tion (WTO) dispute settlement mechanism and applicable
United States trade laws to redress China’s trade practices,
including—
(A) exchange rate manipulation;
(B) denial of trading and distribution rights;
(C) insufficient intellectual property rights protection;
(D) objectionable labor standards;
(E) subsidization of exports; and
(F) forced technology transfers as a condition of doing
business.
(3) The United States Trade Representative should consult
with United States trading partners regarding any trade dis-
pute with China.
(4) Actions to encourage United States diplomatic efforts
to identify and pursue initiatives to revitalize United States
engagement in East Asia. The initiatives should have a regional
focus and complement bilateral efforts. The Asia-Pacific Eco-
nomic Cooperation forum (APEC) offers a ready mechanism
for pursuit of such initiatives.
(5) Actions by the administration to work with China to
prevent proliferation of prohibited technologies and to secure
China’s agreement to renew efforts to curtail commercial export
by North Korea of ballistic missiles.
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(6) Actions by the Secretary of State and the Secretary
of Energy to consult with the International Atomic Energy
Agency with the objective of upgrading the current loose experi-
ence-sharing arrangement whereby China engages in some lim-
ited exchanges with the organization to a more structured
arrangement.
(7) Actions by the administration to develop a coordinated,
comprehensive national policy and strategy designed to main-
tain United States scientific and technological leadership and
competitiveness, in light of the rise of China and the challenges
of globalization.
(8) Actions to review laws and regulations governing the
Committee on Foreign Investment in the United States
(CFIUS), including exploring whether the definition of national
security should include the potential impact on national eco-
nomic security as a criterion to be reviewed, and whether
the chairmanship of CFIUS should be transferred from the
Secretary of the Treasury to a more appropriate executive
branch agency.
(9) Actions by the President and the Secretary of State
and Secretary of Defense to press strongly their counterparts
in the European Union and its member states to maintain
and strengthen the embargo on selling arms to China.
(10) Actions by the administration to discourage foreign
defense contractors from selling sensitive military-use tech-
nology or weapons systems to China.
TITLE XIII—COOPERATIVE THREAT RE-
DUCTION 
WITH 
STATES 
OF 
THE
FORMER SOVIET UNION
Sec. 1301.
Specification of Cooperative Threat Reduction programs and funds.
Sec. 1302.
Funding allocations.
Sec. 1303.
Permanent waiver of restrictions on use of funds for threat reduction
in states of the former Soviet Union.
Sec. 1304.
Report on elimination of impediments to threat-reduction and non-
proliferation programs in the former Soviet Union.
Sec. 1305.
Repeal of requirement for annual Comptroller General assessment of
annual Department of Defense report on activities and assistance under
Cooperative Threat Reduction programs.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS AND FUNDS.
(a) SPECIFICATION OF CTR PROGRAMS.—For purposes of section
301 and other provisions of this Act, Cooperative Threat Reduction
programs are the programs specified in section 1501(b) of the
National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104–201; 110 Stat. 2731; 50 U.S.C. 2362 note).
(b) FISCAL YEAR 2006 COOPERATIVE THREAT REDUCTION FUNDS
DEFINED.—As used in this title, the term ‘‘fiscal year 2006 Coopera-
tive Threat Reduction funds’’ means the funds appropriated pursu-
ant to the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs.
(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to
the authorization of appropriations in section 301 for Cooperative
Threat Reduction programs shall be available for obligation for
three fiscal years.
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PUBLIC LAW 109–163—JAN. 6, 2006
SEC. 1302. FUNDING ALLOCATIONS.
(a) FUNDING
FOR SPECIFIC PURPOSES.—Of the $415,549,000
authorized to be appropriated to the Department of Defense for
fiscal year 2006 in section 301(19) for Cooperative Threat Reduction
programs, the following amounts may be obligated for the purposes
specified:
(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 proliferation preven-
tion in the states of the former Soviet Union, $40,600,000.
(5) For biological weapons proliferation prevention in the
former Soviet Union, $60,849,000.
(6) 
For 
chemical 
weapons 
destruction 
in 
Russia,
$108,500,000.
(7) For defense and military contacts, $8,000,000.
(8) For activities designated as Other Assessments/
Administrative Support, $14,600,000.
(b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR
OTHER PURPOSES.—No fiscal year 2006 Cooperative Threat Reduc-
tion funds may be obligated or expended for a purpose other than
a purpose listed in paragraphs (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 expenditure of fiscal year 2006
Cooperative Threat Reduction funds for a purpose for which the
obligation or expenditure 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 Secretary may obligate amounts appropriated for fiscal
year 2006 for a purpose listed in any of the paragraphs in subsection
(a) in excess of the specific amount authorized for that purpose.
(2) An obligation of funds for a purpose stated in any of the
paragraphs in subsection (a) in excess of the specific amount author-
ized for such purpose may be made using the authority provided
in paragraph (1) only after—
(A) the Secretary submits to Congress notification 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 notifica-
tion.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for a purpose stated in any of
paragraphs (6) through (8) of subsection (a) in excess of 125 percent
of the specific amount authorized for such purpose.
Notification.
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SEC. 1303. PERMANENT WAIVER OF RESTRICTIONS ON USE OF FUNDS
FOR THREAT REDUCTION IN STATES OF THE FORMER
SOVIET UNION.
Section 1306 of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107–314; 22 U.S.C. 5952
note) is amended—
(1) by striking subsections (c) and (d); and
(2) by redesignating subsection (e) as subsection (c).
SEC. 1304. REPORT ON ELIMINATION OF IMPEDIMENTS TO THREAT-
REDUCTION AND NONPROLIFERATION PROGRAMS IN
THE FORMER SOVIET UNION.
Not later than November 1, 2006, the President shall submit
to Congress a report on impediments to the effective conduct of
Cooperative Threat Reduction programs and related threat reduc-
tion and nonproliferation programs and activities in the states
of the former Soviet Union. The report shall—
(1) identify the impediments to the rapid, efficient, and
effective conduct of programs and activities of the Department
of Defense, the Department of State, and the Department of
Energy, including issues relating to access to sites, liability,
and taxation; and
(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 relationships with entities in the states
of the former Soviet Union capable of assisting in removing
or ameliorating those impediments, and any congressional
action that may be necessary for that purpose.
SEC. 1305. REPEAL OF REQUIREMENT FOR ANNUAL COMPTROLLER
GENERAL ASSESSMENT OF ANNUAL DEPARTMENT OF
DEFENSE REPORT ON ACTIVITIES AND ASSISTANCE
UNDER COOPERATIVE THREAT REDUCTION PROGRAMS.
Section 1308 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106–398; 114 Stat. 1654A-341) is amended by striking
subsection (e).
TITLE XIV—MATTERS RELATING TO
DETAINEES
Sec. 1401. Short title
Sec. 1402. Uniform standards for the interrogation of persons under the detention
of the Department of Defense
Sec. 1403. Prohibition on cruel, inhuman, or degrading treatment or punishment of
persons under custody or control of the United States Government
Sec. 1404. Protection of United States Government personnel engaged in author-
ized interrogations
Sec. 1405. Procedures for status review of detainees outside the United States
Sec. 1406. Training of Iraqi security forces regarding treatment of detainees
SEC. 1401. SHORT TITLE.
This title may be cited as the ‘‘Detainee Treatment Act of
2005’’.
42 USC 2000dd
note.
Detainee
Treatment Act
of 2005.
22 USC 5959.
President.
22 USC 5952.
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PUBLIC LAW 109–163—JAN. 6, 2006
SEC. 1402. UNIFORM STANDARDS FOR THE INTERROGATION OF PER-
SONS UNDER THE DETENTION OF THE DEPARTMENT OF
DEFENSE.
(a) IN GENERAL.—No person in the custody or under the effec-
tive control of the Department of Defense or under detention in
a Department of Defense facility shall be subject to any treatment
or technique of interrogation not authorized by and listed in the
United States Army Field Manual on Intelligence Interrogation.
(b) APPLICABILITY.—Subsection (a) shall not apply with respect
to any person in the custody or under the effective control of
the Department of Defense pursuant to a criminal law or immigra-
tion law of the United States.
(c) CONSTRUCTION.—Nothing in this section shall be construed
to affect the rights under the United States Constitution of any
person in the custody or under the physical jurisdiction of the
United States.
SEC. 1403. PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING TREAT-
MENT OR PUNISHMENT OF PERSONS UNDER CUSTODY
OR CONTROL OF THE UNITED STATES GOVERNMENT.
(a) IN GENERAL.—No individual in the custody or under the
physical control of the United States Government, regardless of
nationality or physical location, shall be subject to cruel, inhuman,
or degrading treatment or punishment.
(b) CONSTRUCTION.—Nothing in this section shall be construed
to impose any geographical limitation on the applicability of the
prohibition against cruel, inhuman, or degrading treatment or
punishment under this section.
(c) LIMITATION ON SUPERSEDURE.—The provisions of this section
shall not be superseded, except by a provision of law enacted
after the date of the enactment of this Act which specifically repeals,
modifies, or supersedes the provisions of this section.
(d) CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISH-
MENT DEFINED.—In this section, the term ‘‘cruel, inhuman, or
degrading treatment or punishment’’ means the cruel, unusual,
and inhumane treatment or punishment prohibited by the Fifth,
Eighth, and Fourteenth Amendments to the Constitution of the
United States, as defined in the United States Reservations, Dec-
larations and Understandings to the United Nations Convention
Against Torture and Other Forms of Cruel, Inhuman or Degrading
Treatment or Punishment done at New York, December 10, 1984.
SEC. 1404. PROTECTION OF UNITED STATES GOVERNMENT PER-
SONNEL ENGAGED IN AUTHORIZED INTERROGATIONS.
(a) PROTECTION OF UNITED STATES GOVERNMENT PERSONNEL.—
In any civil action or criminal prosecution against an officer,
employee, member of the Armed Forces, or other agent of the
United States Government who is a United States person, arising
out of the officer, employee, member of the Armed Forces, or other
agent’s engaging in specific operational practices, that involve deten-
tion and interrogation of aliens who the President or his designees
have determined are believed to be engaged in or associated with
international terrorist activity that poses a serious, continuing
threat to the United States, its interests, or its allies, and that
were officially authorized and determined to be lawful at the time
that they were conducted, it shall be a defense that such officer,
employee, member of the Armed Forces, or other agent did not
42 USC
2000dd–1.
42 USC 2000dd.
10 USC 801 note.
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know that the practices were unlawful and a person of ordinary
sense and understanding would not know the practices were unlaw-
ful. Good faith reliance on advice of counsel should be an important
factor, among others, to consider in assessing whether a person
of ordinary sense and understanding would have known the prac-
tices to be unlawful. Nothing in this section shall be construed
to limit or extinguish any defense or protection otherwise available
to any person or entity from suit, civil or criminal liability, or
damages, or to provide immunity from prosecution for any criminal
offense by the proper authorities.
(b) COUNSEL.—The United States Government may provide
or employ counsel, and pay counsel fees, court costs, bail, and
other expenses incident to the representation of an officer, employee,
member of the Armed Forces, or other agent described in subsection
(a), with respect to any civil action or criminal prosecution arising
out of practices described in that subsection, under the same condi-
tions, and to the same extent, to which such services and payments
are authorized under section 1037 of title 10, United States Code.
SEC. 1405. PROCEDURES FOR STATUS REVIEW OF DETAINEES OUTSIDE
THE UNITED STATES.
(a) SUBMITTAL
OF
PROCEDURES
FOR
STATUS
REVIEW
OF
DETAINEES AT GUANTANAMO BAY, CUBA, AND IN AFGHANISTAN AND
IRAQ.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committee on Armed Services and the Committee
on the Judiciary of the Senate and the Committee on Armed
Services and the Committee on the Judiciary of the House
of Representatives a report setting forth—
(A) the procedures of the Combatant Status Review
Tribunals and the Administrative Review Boards estab-
lished by direction of the Secretary of Defense that are
in operation at Guantanamo Bay, Cuba, for determining
the status of the detainees held at Guantanamo Bay or
to provide an annual review to determine the need to
continue to detain an alien who is a detainee; and
(B) the procedures in operation in Afghanistan and
Iraq for a determination of the status of aliens detained
in the custody or under the physical control of the Depart-
ment of Defense in those countries.
(2) DESIGNATED CIVILIAN OFFICIAL.—The procedures sub-
mitted to Congress pursuant to paragraph (1)(A) shall ensure
that the official of the Department of Defense who is designated
by the President or Secretary of Defense to be the final review
authority within the Department of Defense with respect to
decisions of any such tribunal or board (referred to as the
‘‘Designated Civilian Official’’) shall be a civilian officer of the
Department of Defense holding an office to which appointments
are required by law to be made by the President, by and
with the advice and consent of the Senate.
(3) CONSIDERATION
OF
NEW
EVIDENCE.—The procedures
submitted under paragraph (1)(A) shall provide for periodic
review of any new evidence that may become available relating
to the enemy combatant status of a detainee.
(b) CONSIDERATION OF STATEMENTS DERIVED WITH COERCION.—
Deadline.
Reports.
10 USC 801 note.
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(1) ASSESSMENT.—The procedures submitted to Congress
pursuant to subsection (a)(1)(A) shall ensure that a Combatant
Status Review Tribunal or Administrative Review Board, or
any similar or successor administrative tribunal or board, in
making a determination of status or disposition of any detainee
under such procedures, shall, to the extent practicable, assess—
(A) whether any statement derived from or relating
to such detainee was obtained as a result of coercion;
and
(B) the probative value, if any, of any such statement.
(2) APPLICABILITY.—Paragraph (1) applies with respect to
any proceeding beginning on or after the date of the enactment
of this Act.
(c) REPORT ON MODIFICATION OF PROCEDURES.—The Secretary
of Defense shall submit to the committees specified in subsection
(a)(1) a report on any modification of the procedures submitted
under subsection (a). Any such report shall be submitted not later
than 60 days before the date on which such modification goes
into effect.
(d) ANNUAL REPORT.—
(1) REPORT
REQUIRED.—The Secretary of Defense shall
submit to Congress an annual report on the annual review
process for aliens in the custody of the Department of Defense
outside the United States. Each such report shall be submitted
in unclassified form, with a classified annex, if necessary. The
report shall be submitted not later than December 31 each
year.
(2) ELEMENTS OF REPORT.—Each such report shall include
the following with respect to the year covered by the report:
(A) The number of detainees whose status was
reviewed.
(B) The procedures used at each location.
(e) JUDICIAL REVIEW OF DETENTION OF ENEMY COMBATANTS.—
(1) IN GENERAL.—Section 2241 of title 28, United States
Code, is amended by adding at the end the following:
‘‘(e) Except as provided in section 1405 of the Detainee Treat-
ment Act of 2005, no court, justice, or judge shall have jurisdiction
to hear or consider—
‘‘(1) an application for a writ of habeas corpus filed by
or on behalf of an alien detained by the Department of Defense
at Guantanamo Bay, Cuba; or
‘‘(2) any other action against the United States or its agents
relating to any aspect of the detention by the Department
of Defense of an alien at Guantanamo Bay, Cuba, who—
‘‘(A) is currently in military custody; or
‘‘(B) has been determined by the United States Court
of Appeals for the District of Columbia Circuit in accord-
ance with the procedures set forth in section 1405(e) of
the Detainee Treatment Act of 2005 to have been properly
detained as an enemy combatant.’’.
(2) REVIEW OF DECISIONS OF COMBATANT STATUS REVIEW
TRIBUNALS OF PROPRIETY OF DETENTION.—
(A) IN GENERAL.—Subject to subparagraphs (B), (C),
and (D), the United States Court of Appeals for the District
of Columbia Circuit shall have exclusive jurisdiction to
determine the validity of any final decision of a Combatant
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Status Review Tribunal that an alien is properly detained
as an enemy combatant.
(B) LIMITATION
ON
CLAIMS.—The jurisdiction of the
United States Court of Appeals for the District of Columbia
Circuit under this paragraph shall be limited to claims
brought by or on behalf of an alien—
(i) who is, at the time a request for review by
such court is filed, detained by the Department of
Defense at Guantanamo Bay, Cuba; and
(ii) for whom a Combatant Status Review Tribunal
has been conducted, pursuant to applicable procedures
specified by the Secretary of Defense.
(C) SCOPE OF REVIEW.—The jurisdiction of the United
States Court of Appeals for the District of Columbia Circuit
on any claims with respect to an alien under this paragraph
shall be limited to the consideration of—
(i) whether the status determination of the
Combatant Status Review Tribunal with regard to such
alien was consistent with the standards and procedures
specified by the Secretary of Defense for Combatant
Status Review Tribunals (including the requirement
that the conclusion of the Tribunal be supported by
a preponderance of the evidence and allowing a rebut-
table presumption in favor the Government’s evidence);
and
(ii) to the extent the Constitution and laws of
the United States are applicable, whether the use of
such standards and procedures to make the determina-
tion is consistent with the Constitution and laws of
the United States.
(D) TERMINATION
ON
RELEASE
FROM
CUSTODY.—The
jurisdiction of the United States Court of Appeals for the
District of Columbia Circuit with respect to the claims
of an alien under this paragraph shall cease upon the
release of such alien from the custody of the Department
of Defense.
(3) REVIEW
OF
FINAL
DECISIONS
OF
MILITARY
COMMIS-
SIONS.—
(A) IN GENERAL.—Subject to subparagraphs (B), (C),
and (D), the United States Court of Appeals for the District
of Columbia Circuit shall have exclusive jurisdiction to
determine the validity of any final decision rendered pursu-
ant to Military Commission Order No. 1, dated August
31, 2005 (or any successor military order).
(B) GRANT OF REVIEW.—Review under this paragraph—
(i) with respect to a capital case or a case in
which the alien was sentenced to a term of imprison-
ment of 10 years or more, shall be as of right; or
(ii) with respect to any other case, shall be at
the discretion of the United States Court of Appeals
for the District of Columbia Circuit.
(C) LIMITATION ON APPEALS.—The jurisdiction of the
United States Court of Appeals for the District of Columbia
Circuit under this paragraph shall be limited to an appeal
brought by or on behalf of an alien—
(i) who was, at the time of the proceedings pursu-
ant to the military order referred to in subparagraph
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(A), detained by the Department of Defense at Guanta-
namo Bay, Cuba; and
(ii) for whom a final decision has been rendered
pursuant to such military order.
(D) SCOPE OF REVIEW.—The jurisdiction of the United
States Court of Appeals for the District of Columbia Circuit
on an appeal of a final decision with respect to an alien
under this paragraph shall be limited to the consideration
of—
(i) whether the final decision was consistent with
the standards and procedures specified in the military
order referred to in subparagraph (A); and
(ii) to the extent the Constitution and laws of
the United States are applicable, whether the use of
such standards and procedures to reach the final deci-
sion is consistent with the Constitution and laws of
the United States.
(4) RESPONDENT.—The Secretary of Defense shall be the
named respondent in any appeal to the United States Court
of Appeals for the District of Columbia Circuit under this
subsection.
(f) CONSTRUCTION.—Nothing in this section shall be construed
to confer any constitutional right on an alien detained as an enemy
combatant outside the United States.
(g) UNITED STATES DEFINED.—For purposes of this section,
the term ‘‘United States’’, when used in a geographic sense, is
as defined in section 101(a)(38) of the Immigration and Nationality
Act and, in particular, does not include the United States Naval
Station, Guantanamo Bay, Cuba.
(h) EFFECTIVE DATE.—
(1) IN GENERAL.—This section shall take effect on the date
of the enactment of this Act.
(2) REVIEW OF COMBATANT STATUS TRIBUNAL AND MILITARY
COMMISSION DECISIONS.—Paragraphs (2) and (3) of subsection
(e) shall apply with respect to any claim whose review is
governed by one of such paragraphs and that is pending on
or after the date of the enactment of this Act.
SEC. 1406. TRAINING OF IRAQI SECURITY FORCES REGARDING TREAT-
MENT OF DETAINEES.
(a) REQUIRED POLICIES.—
(1) IN GENERAL.—The Secretary of Defense shall prescribe
policies designed to ensure that all military and civilian Depart-
ment of Defense personnel or contractor personnel of the
Department of Defense responsible for the training of any unit
of the Iraqi Security Forces provide training to such units
regarding the international obligations and laws applicable to
the humane treatment of detainees, including protections
afforded under the Geneva Conventions and the Convention
Against Torture.
(2) ACKNOWLEDGMENT OF TRAINING.—The Secretary shall
ensure that, for all personnel of the Iraqi Security Forces who
are provided training referred to in paragraph (1), there is
documented acknowledgment that such training has been pro-
vided.
10 USC 801 note.
Applicability.
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(3) DEADLINE FOR POLICIES TO BE PRESCRIBED.—The policies
required by paragraph (1) shall be prescribed not later than
180 days after the date of the enactment of this Act.
(b) ARMY FIELD MANUAL.—
(1) TRANSLATION.—The Secretary of Defense shall provide
for the unclassified portions of the United States Army Field
Manual on Intelligence Interrogation to be translated into
Arabic and any other language the Secretary determines appro-
priate for use by members of the Iraqi security forces.
(2) DISTRIBUTION.—The Secretary of Defense shall provide
for such manual, as translated, to be distributed to all appro-
priate officials of the Iraqi Government, including, but not
limited to, the Iraqi Minister of Defense, the Iraqi Minister
of Interior, senior Iraqi military personnel, and appropriate
members of the Iraqi Security Forces with a recommendation
that the principles that underlay the manual be adopted by
the Iraqis as the basis for their policies on interrogation of
detainees.
(c) TRANSMITTAL
TO CONGRESSIONAL COMMITTEES.—Not less
than 30 days after the date on which policies are first prescribed
under subsection (a), the Secretary of Defense shall submit to
the Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives copies of such
regulations, policies, or orders, together with a report on steps
taken to the date of the report to implement this section.
(d) ANNUAL REPORT.—Not less than one year after the date
of the enactment of this Act, and annually thereafter, the Secretary
of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives a report on the implementation of this section.
TITLE 
XV—AUTHORIZATION 
FOR 
IN-
CREASED COSTS DUE TO OPERATION
IRAQI FREEDOM AND OPERATION EN-
DURING FREEDOM
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Air Force procurement.
Sec. 1505. Defense-wide activities procurement.
Sec. 1506. Research, development, test and evaluation.
Sec. 1507. Operation and maintenance.
Sec. 1508. Defense Working Capital Fund.
Sec. 1509. Defense Health Program.
Sec. 1510. Military personnel.
Sec. 1511. Iraq Freedom Fund.
Sec. 1512. Treatment as additional authorizations.
Sec. 1513. Transfer authority.
Sec. 1514. Availability of funds.
SEC. 1501. PURPOSE.
The purpose of this title is to authorize emergency supplemental
appropriations for the Department of Defense for fiscal year 2006
to provide funds for additional costs due to Operation Iraqi Freedom
and Operation Enduring Freedom pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the
budget for fiscal year 2006.
Deadline.
Reports.
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PUBLIC LAW 109–163—JAN. 6, 2006
SEC. 1502. ARMY PROCUREMENT.
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal year 2006 for procurement accounts of the Army
in amounts as follows:
(1) For aircraft, $40,600,000.
(2) For ammunition, $109,500,000.
(3) For weapons and tracked combat vehicles, $485,499,000.
(4) For other procurement, $1,659,800,000.
(b) AVAILABILITY
OF
CERTAIN
AMOUNTS
FOR
UP-ARMORED
WHEELED VEHICLES.—
(1) AVAILABILITY.—Of the amount authorized to be appro-
priated by subsection (a)(4), $240,000,000 shall be available
for the procurement of up-armored high mobility multipurpose
wheeled vehicles (UAHs), including vehicles in the M1114,
M1151, and M1152 configurations.
(2) ALLOCATION OF FUNDS.—
(A) IN GENERAL.—Subject to subparagraph (B), the Sec-
retary of the Army shall allocate the manner in which
amounts available under paragraph (1) shall be available
for purposes specified in that paragraph.
(B) LIMITATION.—Amounts available under paragraph
(1) may not be allocated under subparagraph (A) until
the Secretary certifies to the congressional defense commit-
tees that the Army has a validated requirement for procure-
ment for a purpose specified in paragraph (1) based on
a statement of urgent needs from a commander of a combat-
ant command.
(C) REPORTS.—Not later than 15 days after an alloca-
tion of funds is made under subparagraph (A), the Sec-
retary shall submit to the congressional defense committees
a report describing such allocation of funds.
(c) AVAILABILITY OF CERTAIN AMOUNTS FOR TACTICAL WHEELED
VEHICLE ARMORING PROGRAMS.—
(1) AVAILABILITY.—Of the amount authorized to be appro-
priated by subsection (a)(4), $150,000,000 shall be available
for units deployed in Iraq and Afghanistan, as follows:
(A) Procurement of up-armored Light Tactical Wheeled
Vehicles (LTVs) or add-on armor kits for Light Tactical
Wheeled Vehicles.
(B) Procurement of add-on armor kits for Medium Tac-
tical Wheeled Vehicles (MTVs), including Low Signature
Armored Cabs for the family of Medium Tactical Wheeled
Vehicles.
(C) Procurement of add-on armor kits for Heavy Tac-
tical Wheeled Vehicles (HTVs).
(2) ALLOCATION OF FUNDS.—To the extent the Secretary
of the Army determines that such amount is not needed for
the procurement of such armored Tactical Wheeled Vehicles
for units deployed in Iraq and Afghanistan under paragraph
(1), the Secretary shall use the amounts remaining for the
procurement of such armored vehicles in accordance with other
priorities of the Army.
SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.
(a) NAVY.—Funds are hereby authorized to be appropriated
for fiscal year 2006 for procurement accounts for the Navy in
amounts as follows:
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(1) For aircraft procurement, $15,000,000.
(2) For weapons procurement, $56,700,000.
(b) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 2006 for the procurement account for the
Marine Corps in the amount of $644,400,000.
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby
authorized to be appropriated for fiscal year 2006 for the procure-
ment account for ammunition for the Navy and the Marine Corps
in the amount of $147,921,000.
(d) AVAILABILITY OF CERTAIN AMOUNTS.—
(1) AVAILABILITY.—Of the amount authorized to be appro-
priated by subsection (b), $200,000,000 shall be available for
the procurement of up-armored high mobility multipurpose
wheeled vehicles (UAHs), including vehicles in the M1114,
M1151, and M1152 configurations.
(2) ALLOCATION OF FUNDS.—
(A) IN GENERAL.—Subject to subparagraph (B), the Sec-
retary of the Navy shall allocate the manner in which
amounts available under paragraph (1) shall be available
for the purposes specified in that paragraph.
(B) LIMITATION.—Amounts available under paragraph
(1) may not be allocated under subparagraph (A) until
the Secretary certifies to the congressional defense commit-
tees that the Marine Corps has a validated requirement
for procurement for a purpose specified in paragraph (1)
based on a statement of urgent needs from a commander
of a combatant command.
(C) REPORTS.—Not later than 15 days after an alloca-
tion of funds is made under subparagraph (A), the Sec-
retary shall submit to the congressional defense committees
a report describing such allocation of funds.
SEC. 1504. AIR FORCE PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year
2006 for the aircraft procurement accounts for the Air Force in
the amount of $214,000,000.
SEC. 1505. DEFENSE-WIDE ACTIVITIES PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year
2006 for the procurement account for Defense-wide in the amount
of $103,900,000.
SEC. 1506. RESEARCH, DEVELOPMENT, TEST AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal year
2006 for the use of the Department of Defense for research, develop-
ment, test and evaluation as follows:
(1) For the Army, $8,700,000.
(2) For Defense-wide activities, $75,000,000.
SEC. 1507. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year
2006 for the use of the Armed Forces for expenses, not otherwise
provided for, for operation and maintenance, in amounts as follows:
(1) For the Army, $19,828,180,000.
(2) For the Navy, $1,658,000,000.
(3) For the Marine Corps, $1,588,250,000.
(4) For the Air Force, $2,404,190,000.
(5) For Defense-wide activities, $1,778,397,000.
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(6) For the Army Reserve, $44,400,000.
(7) For the Naval Reserve, $9,400,000.
(8) For the Marine Corps Reserve, $4,000,000.
(9) For the Air Force Reserve, $7,000,000.
(10) For the Army National Guard, $196,300,000.
(11) For the Air National Guard, $13,400,000.
SEC. 1508. DEFENSE WORKING CAPITAL FUND.
Funds are hereby authorized to be appropriated for fiscal year
2006 for the Defense Working Capital Fund in the amount of
$1,700,000,000.
SEC. 1509. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2006 for expenses, not otherwise
provided for, the Defense Health Program, in the amount of
$178,415,000 for operation and maintenance.
SEC. 1510. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Depart-
ment of Defense for military personnel accounts for fiscal year
2006 a total of $11,788,323,000.
SEC. 1511. IRAQ FREEDOM FUND.
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal year 2006 for the Iraq Freedom Fund in the
amount of $5,240,725,000.
(b) LIMITATION ON AVAILABILITY OF CERTAIN AMOUNT.—Of the
amount 
authorized 
to 
be 
appropriated 
by 
subsection 
(a),
$1,000,000,000 shall be available only for support of activities of
the Joint Improvised Explosive Device Task Force.
(c) CLASSIFIED PROGRAMS.—Of the amount authorized to be
appropriated by subsection (a), $2,500,000,000 shall be available
only for classified programs.
(d) TRANSFER.—
(1) TRANSFER
AUTHORIZED.—Subject to paragraph (2),
amounts authorized to be appropriated by subsection (a) may
be transferred from the Iraq Freedom Fund to any accounts
as follows:
(A) Operation and maintenance accounts of the Armed
Forces.
(B) Military personnel accounts.
(C) Research, development, test, and evaluation
accounts of the Department of Defense.
(D) Procurement accounts of the Department of
Defense.
(E) Accounts providing funding for classified programs.
(F) The operating expenses account of the Coast Guard.
(2) NOTICE TO CONGRESS.—A transfer may not be made
under the authority in paragraph (1) until five days after
the date on which the Secretary of Defense notifies the congres-
sional defense committees in writing of the transfer.
(3) TREATMENT OF TRANSFERRED FUNDS.—Amounts trans-
ferred to an account under the authority in paragraph (1)
shall be merged with amounts in such account and shall be
made available for the same purposes, and subject to the same
conditions and limitations, as amounts in such account.
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(4) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A transfer of
an amount to an account under the authority in paragraph
(1) shall be deemed to increase the amount authorized for
such account by an amount equal to the amount transferred.
SEC. 1512. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are
in addition to amounts otherwise authorized to be appropriated
by this Act.
SEC. 1513. TRANSFER AUTHORITY.
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—
(1) AUTHORITY.—Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this title for fiscal
year 2006 between any such authorizations for that fiscal year
(or any subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) LIMITATION.—The total amount of authorizations that
the Secretary may transfer under the authority of this section
may not exceed $2,500,000,000. The transfer authority provided
in this section is in addition to any other transfer authority
available to the Secretary of Defense.
(b) LIMITATIONS.—The authority provided by this section to
transfer authorizations—
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority
is transferred;
(2) may not be used to provide authority for an item that
has been denied authorization by Congress; and
(3) may not be combined with the authority under section
1001.
(c) EFFECT
ON AUTHORIZATION AMOUNTS.—A transfer made
from one account to another under the authority of this section
shall be deemed to increase the amount authorized for the account
to which the amount is transferred by an amount equal to the
amount transferred.
(d) NOTICE
TO CONGRESS.—A transfer may be made under
the authority of this section only after the Secretary of Defense—
(1) consults with the chairmen and ranking members of
the congressional defense committees with respect to the pro-
posed transfer; and
(2) after such consultation, notifies those committees in
writing of the proposed transfer not less than five days before
the transfer is made.
SEC. 1514. AVAILABILITY OF FUNDS.
Funds in this title shall be made available for obligation to
the Army, Navy, Marine Corps, Air Force, and Defense-wide compo-
nents by the end of the second quarter of fiscal year 2006.
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DIVISION B—MILITARY CONSTRUCTION
AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ‘‘Military Construction
Authorization Act for Fiscal Year 2006’’.
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 2004 project.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real property
and carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Army: Inside the United States
State
Installation or Location
Amount
Alabama .............
Anniston Army Depot ...................................
$3,150,000
Fort Rucker ....................................................
$9,700,000
Redstone Arsenal ..........................................
$25,100,000
Alaska ................
Fort Richardson .............................................
$4,700,000
Fort Wainwright ............................................
$44,660,000
Arizona ...............
Fort Huachuca ...............................................
$5,100,000
Yuma Proving Ground ..................................
$8,100,000
California ...........
Concord Naval Weapons Station .................
$11,850,000
Fort Irwin ......................................................
$21,250,000
Colorado .............
Fort Carson ....................................................
$72,822,000
Georgia ...............
Fort Benning .................................................
$30,261,000
Fort Gillem ....................................................
$3,900,000
Fort Gordon ...................................................
$4,550,000
Fort Stewart/Hunter Army Air Field ..........
$57,980,000
Hawaii ................
Pohakuloa Training Area .............................
$60,300,000
Schofield Barracks ........................................
$53,900,000
Illinois ................
Rock Island Arsenal ......................................
$7,400,000
Indiana ...............
Crane Army Ammunition Activity ...............
$5,700,000
Kansas ...............
Fort Riley .......................................................
$33,900,000
Kentucky ............
Fort Campbell ................................................
$116,475,000
Fort Knox .......................................................
$4,600,000
Louisiana ...........
Fort Polk ........................................................
$28,887,000
Missouri .............
Fort Leonard Wood .......................................
$23,500,000
New Jersey ........
Picatinny Arsenal ..........................................
$4,450,000
New York ...........
Fort Drum ......................................................
$73,350,000
United States Military Academy, West
Point.
$7,500,000
North Carolina ..
Fort Bragg .....................................................
$301,250,000
Ohio ....................
Joint Systems Manufacturing Center, Lima
$11,600,000
Oklahoma ...........
Fort Sill ..........................................................
$5,850,000
McAlester Army Ammunition Plant ............
$5,400,000
Pennsylvania .....
Letterkenny Depot ........................................
$6,300,000
Military
Construction
Authorization
Act for Fiscal
Year 2006.
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Army: Inside the United States—Continued
State
Installation or Location
Amount
South Carolina ..
Fort Jackson ..................................................
$1,600,000
Texas ..................
Fort Bliss .......................................................
$5,000,000
Fort Hood .......................................................
$64,488,000
Fort Sam Houston .........................................
$7,000,000
Utah ...................
Dugway Proving Ground ..............................
$25,000,000
Virginia ..............
Fort A.P. Hill .................................................
$2,700,000
Fort Belvoir ....................................................
$18,000,000
Fort Eustis .....................................................
$3,100,000
Fort Lee ..........................................................
$3,900,000
Fort Myer .......................................................
$15,200,000
Washington ........
Fort Lewis ......................................................
$99,949,000
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real property
and carry out military construction projects for the installations
or locations outside the United States, and in the amounts, set
forth in the following table:
Army: Outside the United States
Country
Installation or Location
Amount
Germany ....................
Grafenwoehr ..............................
$84,081,000
Italy ............................
Pisa .............................................
$5,254,000
Korea ..........................
Camp Humphreys .....................
$105,162,000
Yongpyong ..................................
$1,450,000
(c) UNSPECIFIED WORLDWIDE.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(3), the Secretary of the Army may acquire real property
and carry out military construction projects for unspecified installa-
tions or locations in the amount set forth in the following table:
Army: Unspecified Worldwide
Location
Installation or Location
Amount
Unspecified Worldwide ..............
$50,000,000
SEC. 2102. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section
2104(a)(6)(A), the Secretary of the Army may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations or locations, in the number of units,
and in the amounts set forth in the following table:
Army: Family Housing
State
Installation or Location
Units
Amount
Alaska ................
Fort Richardson ..................
117 ....
$49,000,000
Fort Wainwright .................
180 ....
$91,000,000
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Army: Family Housing—Continued
State
Installation or Location
Units
Amount
Arizona ..............
Fort Huachuca ....................
131 ....
$31,000,000
Yuma Proving Ground .......
35 ......
$11,200,000
Oklahoma ..........
Fort Sill ...............................
129 ....
$24,000,000
Virginia .............
Fort Lee ..............................
96 ......
$19,500,000
Fort Monroe ........................
21 ......
$6,000,000
(b) PLANNING
AND
DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(6)(A), the Secretary of the Army may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of family housing units
in an amount not to exceed $17,536,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of appro-
priations in section 2104(a)(6)(A), the Secretary of the Army may
improve existing military family housing units in an amount not
to exceed $300,400,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2005, for military construction, land acquisition, and
military family housing functions of the Department of the Army
in the total amount of $3,128,889,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $1,111,522,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $195,947,000.
(3) For military construction projects at unspecified world-
wide locations authorized by section 2101(c), $50,000,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$24,141,000.
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code,
$170,021,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $549,636,000.
(B) For support of military family housing (including
the functions described in section 2833 of title 10, United
States Code), $803,993,000.
(7) For the construction of increment 3 of the Lewis and
Clark Instructional Facility at Fort Leavenworth, Kansas,
authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public
Law 108–136; 117 Stat. 1697), $42,642,000.
(8) For the construction of increment 2 of a barracks com-
plex at Vilseck, Germany, authorized by section 2101(b) of
the Military Construction Authorization Act for Fiscal Year
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PUBLIC LAW 109–163—JAN. 6, 2006
2004 (division B of Public Law 108–136; 117 Stat. 1698), as
amended by section 2105 of this Act, $13,600,000.
(9) For the construction of increment 2 of the Drum Road
upgrade at Helemano Military Reservation, Hawaii, authorized
by section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2005 (division B of Public Law 108–375;
118 Stat. 2101), $41,000,000.
(10) For the construction of increment 2 of a vehicle mainte-
nance facility at Schofield Barracks, Hawaii, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2005 (division B of Public Law 108–375; 118
Stat. 2101), $24,656,000.
(11) For the construction of increment 2 of a barracks
complex, at Fort Campbell, Kentucky, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat.
2101), $24,650,000.
(12) For the construction of increment 2 of trainee barracks,
Basic Training Complex 1 at Fort Knox, Kentucky, authorized
by section 2101(a) of the Military Construction Authorization
Act of Fiscal Year 2005 (division B of Public Law 108–375;
118 Stat. 2101), $21,000,000.
(13) For the construction of increment 2 of a library and
learning center at the United States Military Academy, West
Point, New York, authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2005 (division
B of Public Law 108–375; 118 Stat. 2101), $25,470,000.
(14) For the construction of increment 2 of a barracks
complex renewal project at Fort Bragg, North Carolina, author-
ized by section 2101(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2005 (division B of Public Law 108–
375; 118 Stat. 2101), $30,611,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section
2101 of this Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a).
(2) $16,500,000 (the balance of the amount authorized
under section 2101(a) for construction of a barracks complex
for Fort Drum, New York).
(3) $31,000,000 (the balance of the amount authorized
under section 2101(a) for construction of a barracks complex
for the 2nd Brigade at Fort Bragg, North Carolina).
(4) $50,000,000 (the balance of the amount authorized
under section 2101(a) for construction of a barracks complex
for the 3rd Brigade at Fort Bragg, North Carolina).
(5) $77,400,000 (the balance of the amount authorized
under section 2101(a) for construction of a barracks complex
for divisional artillery at Fort Bragg, North Carolina).
(6) $13,000,000 (the balance of the amount authorized
under section 2101(a) for construction of a defense access road
for Fort Belvoir, Virginia).
(c) CONFORMING TECHNICAL AMENDMENT.—Section 2104(a)(8)
of the Military Construction Authorization Act for Fiscal Year 2005
(division B of Public Law 108–375; 118 Stat. 2103) is amended
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PUBLIC LAW 109–163—JAN. 6, 2006
by striking ‘‘Fiscal Year 2003 (division B of Public Law 107–314;
116 Stat. 2681)’’ and inserting ‘‘Fiscal Year 2004 (division B of
Public Law 108–136; 117 Stat. 1697)’’.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2004 PROJECT.
(a) MODIFICATION OF OUTSIDE THE UNITED STATES PROJECT.—
The table in section 2101(b) of the Military Construction Authoriza-
tion Act for Fiscal Year 2004 (division B of Public Law 108–136;
117 Stat. 1698) is amended—
(1) in the item relating to Vilseck, Germany, by striking
‘‘$31,000,000’’ 
in 
the 
amount 
column 
and 
inserting
‘‘$26,000,000’’; and
(2) by striking the amount identified as the total in the
amount column and inserting ‘‘$226,900,000’’.
(b) CONFORMING AMENDMENT.—Section 2104(b)(6) of that Act
(117 Stat. 1700) is amended by striking ‘‘$18,900,000’’ and inserting
‘‘$13,900,000’’.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year 2004 project.
Sec. 2206. Modifications of authority to carry out certain fiscal year 2005 projects.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), the Secretary of the Navy may acquire real property
and carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Navy: Inside the United States
State
Installation or Location
Amount
Arizona ..................
Marine Corps Air Station, Yuma ..............
$3,637,000
California ..............
Air-Ground Combat Center, Twentynine
Palms.
$24,000,000
Marine Corps Air Station, Camp Pen-
dleton.
$1,400,000
Marine Corps Air Station, Miramar .........
$5,070,000
Marine Corps Base, Camp Pendleton ......
$90,437,000
Naval Air Station, Lemoore ......................
$8,480,000
Naval Air Warfare Center, China Lake ...
$19,158,000
Naval Postgraduate School .......................
$6,500,000
Connecticut ...........
Naval Submarine Base, New London ......
$4,610,000
Florida ...................
Diving&Salvage Training Center, Pan-
ama City.
$9,678,000
Naval Air Station, Jacksonville ................
$88,603,000
Naval Air Station, Pensacola ....................
$8,710,000
Naval Station, Mayport .............................
$15,220,000
Whiting Field .............................................
$4,670,000
Georgia ..................
Naval Submarine Base, Kings Bay ..........
$6,890,000
Marine Corps Logistics Base, Albany ......
$5,840,000
Hawaii ...................
Marine Corps Air Station, Kaneohe Bay
$5,700,000
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Navy: Inside the United States—Continued
State
Installation or Location
Amount
Naval Base, Pearl Harbor .........................
$29,700,000
Illinois ...................
Recruit Training Command, Great Lakes
$167,750,000
Indiana
Naval Warfare Center, Crane ...................
$8,220,000
Maine
Portsmouth Naval Shipyard .....................
$8,100,000
Maryland ...............
Naval Air Warfare Center, Patuxent
River.
$5,800,000
Naval Surface Warfare Center, Indian
Head.
$8,250,000
United States Naval Academy, Annapolis
$51,720,000
Mississippi
Naval Air Station, Meridian .....................
$10,450,000
North Carolina .....
Marine Corps Air Station, Cherry Point ..
$29,147,000
Marine Corps Air Station, New River ......
$6,840,000
Marine Corps Base, Camp Lejeune ..........
$44,590,000
Pennsylvania ........
Naval Station Weapons Center, Philadel-
phia.
$4,780,000
Rhode Island .........
Naval Station, Newport .............................
$15,490,000
South Carolina .....
Marine Corps Air Station, Beaufort .........
$1,480,000
Texas .....................
Naval Air Station, Kingsville ....................
$16,040,000
Virginia .................
Marine Corps Air Field, Quantico ............
$19,698,000
Marine Corps Base, Quantico ...................
$18,429,000
Naval Air Station, Oceana ........................
$11,680,000
Naval Amphibious Base, Little Creek ......
$36,034,000
Naval Station, Norfolk ..............................
$32,245,000
Naval Support Activity, Norfolk Naval
Shipyard.
$78,788,000
Naval Station Weapons Center, Dahlgren
$9,960,000
Washington ...........
Naval Station, Everett ...............................
$70,950,000
Naval Submarine Base, Bangor ................
$60,160,000
Naval Air Station, Whidbey Island ..........
$4,010,000
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real property
and carry out military construction projects for the installations
or locations outside the United States, and in the amounts, set
forth in the following table:
Navy: Outside the United States
Country
Installation or Location
Amount
Guam ...............................
Naval Base, Guam ...............................
$55,473,000
Japan ...............................
Naval Station, Yokosuka ....................
$83,010,000
SEC. 2202. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a)(4)(A), the Secretary of the Navy
may construct or acquire family housing units (including land
acquisition and supporting facilities) at the installation, in the
number of units, and in the amount set forth in the following
table:
Navy: Family Housing
Location
Installation
Units
Amount
Guam .......................
Naval Base, Guam ......................
126 ......
$43,495,000
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SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of appro-
priations in section 2204(a)(4)(A), the Secretary of the Navy may
improve existing military family housing units in an amount not
to exceed $178,644,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2005, for military construction, land acquisition, and
military family housing functions of the Department of the Navy
in the total amount of $1,964,743,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $837,411,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $39,584,000.
(3) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code,
$34,893,000.
(4) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $218,942,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United States
Code), $588,660,000.
(5) For the construction of increment 3 of the general
purpose berthing pier at Naval Weapons Station, Earle, New
Jersey, authorized by section 2201(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2004 (division B of Public
Law 108–136; 117 Stat. 1704), as amended by section 2205
of this Act, $54,432,000.
(6) For the construction of increment 3 of pier 11 replace-
ment at Naval Station, Norfolk, Virginia, authorized by section
2201(a) of the Military Construction Authorization Act for
Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat.
1704), $40,200,000.
(7) For the construction of increment 2 of the apron and
hangar recapitalization at Naval Air Facility, El Centro, Cali-
fornia, authorized by section 2201(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2005 (division B of Public
Law 108–375; 118 Stat. 2105), $18,666,000.
(8) For the construction of increment 2 of the White Side
complex, Marine Corps Air Facility, Quantico, Virginia, author-
ized by section 2201(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2005 (division B of Public Law 108–
375; 118 Stat. 2105), $34,730,000.
(9) For the construction of increment 2 of the limited area
production and storage complex at Strategic Weapons Facility
Pacific, Bangor, Washington, authorized by section 2201(a) of
the Military Construction Authorization Act for Fiscal Year
2005 (division B of Public Law 108–375; 118 Stat. 2105), as
amended by section 2206 of this Act, $47,095,000.
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PUBLIC LAW 109–163—JAN. 6, 2006
(10) For the construction of increment 2 of the lab consoli-
dation at Strategic Weapons Facility Pacific, Bangor, Wash-
ington authorized by section 2201(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2005 (division B of Public
Law 108–375; 118 Stat. 2105), as amended by section 2206
of this Act, $9,430,000.
(11) For the construction of increment 2 of the presidential
helicopter programs support facility at Naval Air Warfare
Center, Patuxent River, Maryland, authorized by section
2201(a) of the Military Construction Authorization Act for
Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat.
2105), as amended by section 2206 of this Act, $40,700,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section
2201 of this Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $37,721,000 (the balance of the amount authorized
under section 2201(a) for a reclamation and conveyance project
for Marine Corps Base, Camp Pendleton, California).
(3) $43,424,000 (the balance of the amount authorized
under section 2201(a) for a helicopter hangar replacement at
Naval Air Station, Jacksonville, Florida).
(4) $45,850,000 (the balance of the amount authorized
under section 2201(a) for infrastructure upgrades to Recruit
Training Command, Great Lakes, Illinois).
(5) $26,790,000 (the balance of the amount authorized
under section 2201(a) for construction of a field house at United
States Naval Academy, Annapolis, Maryland).
(6) $31,059,000 (the balance of the amount authorized
under section 2201(a) for replacement of Ship Repair Pier 3
at Naval Support Activity, Norfolk Naval Shipyard, Virginia).
(7) $10,159,000 (the balance of the amount authorized
under section 2201(a) for an addition to Hockmuth Hall, Marine
Corps Base, Quantico, Virginia).
(8) $21,000,000 (the balance of the amount authorized
under section 2201(a) for construction of bachelor quarters for
Naval Station, Everett, Washington).
(9) $29,889,000 (the balance of the amount authorized
under section 2201(b) for wharf upgrades at Naval Base,
Guam).
(10) $69,100,000 (the balance of the amount authorized
under section 2201(b) for wharf upgrades at Naval Station,
Yokosuka, Japan).
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2004 PROJECT.
(a) MODIFICATION OF INSIDE THE UNITED STATES PROJECT.—
The table in section 2201(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2004 (division B of Public Law 108–136;
117 Stat. 1703) is amended—
(1) in the item relating to Naval Weapons Station, Earle,
New Jersey, by striking ‘‘$123,720,000’’ in the amount column
and inserting ‘‘$140,372,000’’; and
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(2) by striking the amount identified as the total in the
amount column and inserting ‘‘$1,352,524,000’’.
(b) CONFORMING AMENDMENT.—Section 2204(b)(4) of that Act
(117 Stat. 1706) is amended by striking ‘‘$96,980,000’’ and inserting
‘‘$113,632,000’’.
SEC. 2206. MODIFICATIONS OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2005 PROJECTS.
(a) MODIFICATION OF INSIDE THE UNITED STATES PROJECTS.—
Section 2201 of the Military Construction Authorization Act for
Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat.
2105) is amended—
(1) in the table in subsection (a)—
(A) below the item relating to Naval Surface Warfare
Center, Indian Head, Maryland, by inserting ‘‘Naval Air
Warfare Center, Patuxent River’’ in the installation column
and ‘‘$95,200,000’’ in the amount column;
(B) in the item relating to Marine Corps Air Facility,
Quantico, Virginia, by striking ‘‘$73,838,000’’ in the amount
column and inserting ‘‘$74,470,000’’;
(C) in the item relating to Strategic Weapons Facility
Pacific, Bangor, Washington, by striking ‘‘$138,060,000’’
in the amount column and inserting ‘‘$147,760,000’’; and
(D) by striking the amount identified as the total in
the amount column and inserting ‘‘$1,057,587,000’’; and
(2) by striking subsection (c).
(b) CONFORMING AMENDMENTS.—Section 2204 of that Act (118
Stat. 2107) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘$712,927,000’’ and
inserting ‘‘$752,927,000’’; and
(B) by striking paragraph (3); and
(2) in subsection (b)—
(A) in paragraph (4), by striking ‘‘$34,098,000’’ and
inserting ‘‘$34,730,000’’; and
(B) by striking paragraph (7) and inserting the fol-
lowing new paragraphs:
‘‘(7) $9,700,000 (the balance of the amount authorized
under section 2201(a) for naval laboratory consolidation, Stra-
tegic Weapons Facility Pacific, Bangor, Washington).
‘‘(8) $55,200,000 (the balance of the amount authorized
under section 2201(a) for construction of a presidential heli-
copter programs support facility at Naval Air Warfare Center,
Patuxent River, Maryland).’’.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), the Secretary of the Air Force may acquire real property
and carry out military construction projects for the installations
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or locations inside the United States, and in the amounts, set
forth in the following table:
Air Force: Inside the United States
State
Installation or Location
Amount
Alabama ....................
Maxwell Air Force Base ........................
$14,900,000
Alaska .......................
Clear Air Force Base .............................
$20,000,000
Elmendorf Air Force Base .....................
$84,820,000
Arizona ......................
Davis-Monthan Air Force Base .............
$8,600,000
Luke Air Force Base ..............................
$13,000,000
Arkansas ...................
Little Rock Air Force Base ....................
$8,900,000
California ..................
Beale Air Force Base .............................
$14,200,000
Edwards Air Force Base ........................
$103,000,000
Travis Air Force Base ............................
$46,400,000
Vandenberg Air Force Base ..................
$16,845,000
Colorado ....................
Buckley Air Force Base .........................
$20,100,000
Peterson Air Force Base ........................
$25,500,000
United States Air Force Academy ........
$13,000,000
Delaware ...................
Dover Air Force Base .............................
$19,000,000
District of Columbia
Bolling Air Force Base ...........................
$14,900,000
Florida .......................
Cape Canaveral ......................................
$6,200,000
Hurlburt Field ........................................
$2,540,000
MacDill Air Force Base .........................
$107,200,000
Tyndall Air Force Base ..........................
$21,500,000
Georgia ......................
Robins Air Force Base ...........................
$7,600,000
Hawaii .......................
Hickam Air Force Base ..........................
$13,378,000
Idaho .........................
Mountain Home Air Force Base ...........
$9,835,000
Louisiana ..................
Barksdale Air Force Base ......................
$10,800,000
Massachusetts ..........
Hanscom Air Force Base .......................
$3,900,000
Mississippi ................
Columbus Air Force Base ......................
$10,000,000
Keesler Air Force Base ..........................
$47,500,000
Missouri ....................
Whiteman Air Force Base .....................
$5,721,000
Montana ....................
Malmstrom Air Force Base ...................
$13,500,000
Nebraska ...................
Offutt Air Force Base ............................
$63,080,000
Nevada ......................
Indian Springs Auxiliary Field .............
$60,724,000
Nellis Air Force Base .............................
$24,370,000
New Jersey ...............
McGuire Air Force Base ........................
$13,185,000
New Mexico ..............
Kirtland Air Force Base ........................
$6,600,000
Holloman Air Force Base ......................
$15,000,000
North Dakota ............
Minot Air Force Base .............................
$8,700,000
Ohio ...........................
Wright Patterson Air Force Base .........
$32,620,000
Oklahoma ..................
Tinker Air Force Base ...........................
$31,960,000
Vance Air Force Base ............................
$14,000,000
South Carolina .........
Charleston Air Force Base ....................
$2,583,000
Shaw Air Force Base .............................
$16,030,000
South Dakota ............
Ellsworth Air Force Base ......................
$8,400,000
Texas .........................
Goodfellow Air Force Base ....................
$4,300,000
Laughlin Air Force Base .......................
$7,900,000
Sheppard Air Force Base .......................
$36,000,000
Utah ..........................
Hill Air Force Base ................................
$33,900,000
Virginia .....................
Langley Air Force Base .........................
$44,365,000
Washington ...............
Fairchild Air Force Base .......................
$8,200,000
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(2), the Secretary of the Air Force may acquire real property
and carry out military construction projects for the installations
or locations outside the United States, and in the amounts, set
forth in the following table:
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Air Force: Outside the United States
Country
Installation or Location
Amount
Germany .......................
Ramstein Air Base .................................
$11,650,000
Spangdahlem Air Base ..........................
$12,474,000
Guam ............................
Andersen Air Base .................................
$18,500,000
Italy ...............................
Aviano Air Base ......................................
$22,660,000
Korea .............................
Kunsan Air Base ....................................
$47,900,000
Osan Air Base .........................................
$37,719,000
Portugal ........................
Lajes Field, Azores .................................
$12,000,000
Turkey ...........................
Incirlik Air Base .....................................
$5,780,000
United Kingdom ...........
Royal Air Force Lakenheath .................
$5,125,000
Royal Air Force Mildenhall ...................
$13,500,000
SEC. 2302. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section
2304(a)(5)(A), the Secretary of the Air Force may construct or
acquire family housing units (including land acquisition and sup-
porting facilities) at the installations or locations, in the number
of units, and in the amounts set forth in the following table:
Air Force: Family Housing
State or Country
Installation or Location
Units
Amount
Alaska .................
Eielson Air Force Base .......
392 ..
$55,794,000
California ............
Edwards Air Force Base ....
226 ..
$59,699,000
Florida .................
MacDill Air Force Base ......
109 ..
$40,982,000
Idaho ...................
Mountain Home Air Force
Base.
194 ..
$56,467,000
Missouri ..............
Whiteman Air Force Base
111 ..
$26,917,000
Montana ..............
Malmstrom Air Force Base
296 ..
$68,971,000
North Carolina ...
Seymour Johnson Air Force
Base.
255 ..
$48,868,000
North Dakota ......
Grand Forks Air Force
Base.
150 ..
$43,353,000
Minot Air Force Base .........
223 ..
$44,548,000
South Carolina ...
Charleston Air Force Base
10 ....
$15,935,000
South Dakota ......
Ellsworth Air Force Base ...
60 ....
$14,383,000
Texas ...................
Dyess Air Force Base .........
190 ..
$43,016,000
Germany .............
Ramstein Air Base .............
101 ..
$62,952,000
Spangdahlem Air Base ......
79 ....
$45,385,000
Turkey .................
Incirlik Air Base .................
100 ..
$22,730,000
United Kingdom
Royal Air Force
Lakenheath.
107 ..
$48,437,000
(b) PLANNING
AND
DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(5)(A), the Secretary of the Air Force may carry out architec-
tural and engineering services and construction design activities
with respect to the construction or improvement of military family
housing units in an amount not to exceed $37,104,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of appro-
priations in section 2304(a)(5)(A), the Secretary of the Air Force
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may improve existing military family housing units in an amount
not to exceed $366,346,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2005, for military construction, land acquisition, and
military family housing functions of the Department of the Air
Force in the total amount of $3,157,356,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $989,756,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $187,308,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$15,929,000.
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code,
$95,537,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $1,101,887,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United States
Code), $766,939,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section
2301 of this Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $30,000,000 (the balance of the amount authorized
under section 2301(a) for construction of a C–17 maintenance
complex at Elmendorf Air Force Base, Alaska).
(3) $66,000,000 (the balance of the amount authorized
under section 2301(a) for construction of a main base runway
at Edwards Air Force Base, California).
(4) $29,000,000 (the balance of the amount authorized
under section 2301(a) for construction of a joint intelligence
center at MacDill Air Force Base, Florida).
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(1), the Secretary of Defense may acquire real property
and carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following tables:
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Defense Education Activity
State
Installation or Location
Amount
Georgia ............
Fort Stewart/Hunter Army Air Field ..
$16,629,000
North Carolina
Fort Bragg .............................................
$18,075,000
Defense Intelligence Agency
State
Installation or Location
Amount
District of Columbia ..
Bolling Air Force Base ..............
$7,900,000
Defense Logistics Agency
State
Installation or Location
Amount
Arizona ..................
Yuma Proving Ground ...................................
$7,300,000
California ..............
Defense Distribution Depot, Tracy ...............
$33,635,000
Miramar ..........................................................
$23,000,000
Kansas ...................
McConnell Air Force Base .............................
$15,800,000
New Mexico ..........
Cannon Air Force Base ..................................
$13,200,000
North Carolina .....
Seymour Johnson Air Force Base .................
$18,500,000
Pennsylvania ........
Defense Distribution Depot, New Cum-
berland.
$6,500,000
Virginia .................
Fort Belvoir ....................................................
$4,500,000
Naval Station, Norfolk ...................................
$6,700,000
National Security Agency
State
Installation or Location
Amount
Georgia .......................
Augusta ......................................
$61,466,000
Hawaii ........................
Kunia ..........................................
$305,000,000
Maryland ...................
Fort Meade .................................
$41,200,000
Special Operations Command
State
Installation or Location
Amount
California ..............
Naval Surface Warfare Center,
Coronado.
$28,350,000
Florida ...................
Hurlburt Field ................................
$6,500,000
Eglin Air Force Base ......................
$12,800,000
Georgia ..................
Fort Stewart/Hunter Army Air
Field.
$10,000,000
Kentucky ...............
Fort Campbell ................................
$37,800,000
North Carolina ......
Fort Bragg ......................................
$18,069,000
Washington ...........
Fort Lewis ......................................
$53,300,000
TRICARE Management Activity
State
Installation or Location
Amount
California ....
Beale Air Force Base ................................
$18,000,000
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TRICARE Management Activity—Continued
State
Installation or Location
Amount
Naval Hospital, San Diego .......................
$15,000,000
Colorado ......
Peterson Air Force Base ...........................
$1,820,000
Maryland ....
Fort Detrick ...............................................
$55,200,000
Uniformed 
Services 
University, 
Be-
thesda.
$10,350,000
Mississippi ..
Keesler Air Force Base .............................
$14,000,000
Nevada ........
Nellis Air Force Base ................................
$1,700,000
South Caro-
lina.
Charleston .................................................
$35,000,000
Texas ...........
Lackland Air Force Base ..........................
$11,000,000
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(2), the Secretary of Defense may acquire real property
and carry out military construction projects for the installations
or locations outside the United States, and in the amounts, set
forth in the following tables:
Defense Education Activity
Country
Installation or Location
Amount
Germany .........
Landstuhl ..............................................
$6,543,000
Vilseck ...................................................
$2,323,000
Guam ..............
Agana .....................................................
$40,578,000
Korea ...............
Taegu .....................................................
$8,231,000
Spain ...............
Naval Station, Rota ..............................
$7,963,000
Defense Logistics Agency
Country
Installation or Location
Amount
Greece ...................
Souda Bay .......................................................
$7,089,000
Missile Defense Agency
Country
Installation or Location
Amount
Kwajalein ...................
Kwajalein Atoll ..........................
$4,901,000
National Security Agency
Country
Installation or Location
Amount
United Kingdom ........
Menwith Hill ..............................
$86,354,000
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TRICARE Management Activity
Country
Installation or Location
Amount
Bahrain ......................
.....................................................
$4,750,000
SEC. 2402. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2403(a)(5), the Secretary of Defense may
carry out energy conservation projects under section 2865 of title
10, United States Code, in the amount of $50,000,000.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2005, for
military construction, land acquisition, and military family housing
functions of the Department of Defense (other than the military
departments) in the total amount of $2,817,039,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $626,609,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $123,104,000.
(3) For unspecified minor military construction projects
under section 2805 of title 10, United States Code, $15,736,000.
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code,
$136,406,000.
(5) For energy conservation projects authorized by section
2402 of this Act, $50,000,000.
(6) For base closure and realignment activities as author-
ized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C.
2687 note) and funded through the Department of Defense
Base Closure Account 1990 established by section 2906 of such
Act, $254,827,000.
(7) For base closure and realignment activities as author-
ized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C.
2687 note) and funded through the Department of Defense
Base Closure Account 2005 established by section 2906A of
such Act, $1,504,466,000.
(8) For military family housing functions:
(A) For support of military family housing (including
functions described in section 2833 of title 10, United States
Code), $46,391,000.
(B) For credit to the Department of Defense Family
Housing 
Improvement 
Fund 
established 
by 
section
2883(a)(1) of title 10, United States Code, $2,500,000.
(9) For the construction of increment 2 of the hospital
replacement at Fort Belvoir, Virginia, authorized by section
2401(a) of the Military Construction Authorization Act for
Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat.
2112), $57,000,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
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of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section
2401 of this Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $12,500,000 (the balance of the amount authorized
under section 2401(a) for construction of a regional security
operations center, Augusta, Georgia).
(3) $256,034,000 (the balance of the amount authorized
under section 2401(a) for replacement of a regional security
operations center, Kunia, Hawaii).
(4) $13,151,000 (the balance of the amount authorized
under section 2401(a) for construction of a classified material
conversion facility, Fort Meade, Maryland).
(5) $44,657,000 (the balance of the amount authorized
under section 2401(b) for construction of an operations building,
Royal Air Force Menwith Hill Station, United Kingdom).
(c) NOTICE AND WAIT REQUIREMENT APPLICABLE TO OBLIGATION
OF FUNDS
FOR BASE CLOSURE
AND REALIGNMENT ACTIVITIES.—
Funds appropriated pursuant to the authorization of appropriations
in subsection (a)(7) may not be obligated until—
(1) a period of 21 days has expired following the date
on which the Secretary of Defense submits to the congressional
defense committees a report describing the specific programs,
projects, and activities for which the funds are to be obligated;
or
(2) if over sooner, a period of 14 days has expired following
the date on which a copy of the report is provided in an
electronic medium pursuant to section 480 of title 10, United
States Code.
TITLE XXV—NORTH ATLANTIC TREATY
ORGANIZATION 
SECURITY 
INVEST-
MENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment program as pro-
vided in section 2806 of title 10, United States Code, in an amount
not to exceed the sum of the amount authorized to be appropriated
for this purpose in section 2502 and the amount collected from
the North Atlantic Treaty Organization as a result of construction
previously financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2005, for contributions by the Sec-
retary of Defense under section 2806 of title 10, United States
Code, for the share of the United States of the cost of projects
for the North Atlantic Treaty Organization Security Investment
program authorized by section 2501, in the amount of $206,858,000.
Reports.
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TITLE XXVI—GUARD AND RESERVE
FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2005, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor,
under chapter 1803 of title 10, United States Code (including the
cost of acquisition of land for those facilities), in the following
amounts:
(1) For the Department of the Army—
(A) for the Army National Guard of the United States,
$523,151,000; and
(B) for the Army Reserve, $152,569,000.
(2) For the Department of the Navy, for the Navy Reserve
and Marine Corps Reserve, $46,864,000.
(3) For the Department of the Air Force—
(A) for the Air National Guard of the United States,
$316,117,000; and
(B) for the Air Force Reserve, $105,883,000.
TITLE XXVII—EXPIRATION AND
EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2702. Extension of authorizations of certain fiscal year 2003 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 2002 projects.
SEC. 
2701. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND 
AMOUNTS
REQUIRED TO BE SPECIFIED BY LAW.
(a) EXPIRATION
OF AUTHORIZATIONS AFTER THREE YEARS.—
Except as provided in subsection (b), all authorizations contained
in titles XXI through XXVI for military construction projects, land
acquisition, family housing projects and facilities, and contributions
to the North Atlantic Treaty Organization Security Investment
program (and authorizations of appropriations therefor) shall expire
on the later of—
(1) October 1, 2008; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2009.
(b) EXCEPTION.—Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic
Treaty Organization Security Investment program (and authoriza-
tions of appropriations therefor), for which appropriated funds have
been obligated before the later of—
(1) October 1, 2008; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2009 for military construction projects, land
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acquisition, family housing projects and facilities, or contribu-
tions to the North Atlantic Treaty Organization Security Invest-
ment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2003 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B
of Public Law 107–314; 116 Stat. 2700), authorizations set forth
in the tables in subsection (b), as provided in section 2301, 2302,
or 2401 of that Act, shall remain in effect until October 1, 2006,
or the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2007, whichever is later.
(b) TABLES.—The tables referred to in subsection (a) are as
follows:
Air Force: Extension of 2003 Project Authorizations
Installation or Location
Project
Amount
Aviano Air Base, Italy .....................
Area consolidation ..............
$5,000,000
Eglin Air Force Base, Florida .........
Family housing (134 units)
$15,906,000
Family housing office .........
$597,000
Keesler Air Force Base, Mississippi
Family housing (117 units)
$16,505,000
Randolph Air Force Base, Texas ....
Family housing (112 units)
$14,311,000
Housing maintenance facil-
ity.
$447,000
Defense Wide: Extension of 2003 Project Authorization
Installation or Location
Project
Amount
Stennis Space Center, Mississippi
SOF Training Range ..........
$5,000,000
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2002 PROJECTS.
(a) EXTENSION AND RENEWAL.—Notwithstanding section 2701
of the Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107–107; 115 Stat. 1301), authorizations
set forth in the tables in subsection (b), as provided in section
2101 or 2302 of that Act and extended by section 2702 of the
Military Construction Authorization Act for Fiscal Year 2005 (divi-
sion B of Public Law 108–375; 118 Stat. 2116), shall remain in
effect until October 1, 2006, or the date of the enactment of an
Act authorizing funds for military construction for fiscal year 2007,
whichever is later.
(b) TABLES.—The tables referred to in subsection (a) are as
follows:
Army: Extension of 2002 Project Authorization
Installation or Location
Project
Amount
Pohakuloa Training Area, Hawaii
Land acquisition .................
$1,500,000
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Air Force: Extension of 2002 Project Authorization
Installation or Location
Project
Amount
Barksdale Air Force Base, Lou-
isiana.
Family housing (56 units) ..
$7,300,000
TITLE XXVIII—GENERAL PROVISIONS
SUBTITLE A—MILITARY CONSTRUCTION PROGRAM AND MILITARY FAMILY
HOUSING CHANGES
Sec. 2801. Modification of congressional notification requirements for certain mili-
tary construction activities.
Sec. 2802. Increase in number of family housing units in Korea authorized for lease
by the Army at maximum amount.
Sec. 2803. Improvement in availability and timeliness of Department of Defense in-
formation regarding military construction and family housing accounts
and activities.
Sec. 2804. Modification of cost variation authority.
Sec. 2805. Inapplicability to child development centers of restriction on authority to
acquire or construct ancillary supporting facilities.
Sec. 2806. Department of Defense Housing Funds.
Sec. 2807. Use of design-build selection procedures to accelerate design effort in
connection with military construction projects.
Sec. 2808. Acquisition of associated utilities, equipment, and furnishings in reserve
component facility exchange.
Sec. 2809. One-year extension of temporary, limited authority to use operation and
maintenance funds for construction projects outside the United States.
Sec. 2810. Temporary program to use minor military construction authority for con-
struction of child development centers.
Sec. 2811. General and flag officers quarters in the National Capital Region.
SUBTITLE B—REAL PROPERTY AND FACILITIES ADMINISTRATION
Sec. 2821. Consolidation of Department of Defense land acquisition authorities and
limitations on use of such authorities.
Sec. 2822. Modification of authorities on agreements to limit encroachments and
other constraints on military training, testing, and operations.
Sec. 2823. Modification of utility system conveyance authority and related report-
ing requirements.
Sec. 2824. Report on application of force protection and anti-terrorism standards to
leased facilities.
Sec. 2825. Report on use of ground source heat pumps at Department of Defense
facilities.
SUBTITLE C—BASE CLOSURE AND REALIGNMENT
Sec. 2831. Additional reporting requirements regarding base closure process and
use of Department of Defense base closure accounts.
Sec. 2832. Expanded availability of adjustment and diversification assistance for
communities adversely affected by mission realignments in base closure
process.
Sec. 2833. Treatment of Indian Tribal Governments as public entities for purposes
of disposal of real property recommended for closure in July 1993 BRAC
Commission report.
Sec. 2834. Termination of project authorizations for military installations approved
for closure in 2005 round of base realignments and closures.
Sec. 2835. Required consultation with State and local entities on issues related to
increase in number of military personnel at military installations.
Sec. 2836. Sense of Congress regarding infrastructure and installation require-
ments for transfer of units and personnel from closed and realigned
military installations to receiving locations.
Sec. 2837. Defense access road program and military installations affected by de-
fense base closure process or Integrated Global Presence and Basing
Strategy.
Sec. 2838. Sense of Congress on reversionary interests involving real property at
Navy homeports.
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PUBLIC LAW 109–163—JAN. 6, 2006
SUBTITLE D—LAND CONVEYANCES
PART 1—ARMY CONVEYANCES
Sec. 2841. Land conveyance, Camp Navajo, Arizona.
Sec. 2842. Land conveyance, Iowa Army Ammunition Plant, Middletown, Iowa.
Sec. 2843. Land conveyance, Helena, Montana.
Sec. 2844. Lease authority, Army Heritage and Education Center, Carlisle, Penn-
sylvania.
Sec. 2845. Land exchange, Fort Hood, Texas.
Sec. 2846. Modification of land conveyance, Engineer Proving Ground, Fort Belvoir,
Virginia.
Sec. 2847. Land conveyance, Fort Belvoir, Virginia.
Sec. 2848. Land conveyance, Army Reserve Center, Bothell, Washington.
PART 2—NAVY CONVEYANCES
Sec. 2851. Land conveyance, Marine Corps Air Station, Miramar, San Diego, Cali-
fornia.
Sec. 2852. Lease or license of United States Navy Museum facilities at Washington
Navy Yard, District of Columbia.
PART 3—AIR FORCE CONVEYANCES
Sec. 2861. Purchase of build-to-lease family housing, Eielson Air Force Base, Alas-
ka.
Sec. 2862. Land conveyance, Air Force property, Jacksonville, Arkansas.
Sec. 2863. Land conveyance, Air Force property, La Junta, Colorado.
Sec. 2864. Lease, National Imagery and Mapping Agency site, St. Louis, Missouri.
SUBTITLE E—OTHER MATTERS
Sec. 2871. Clarification of moratorium on certain improvements at Fort Buchanan,
Puerto Rico.
Sec. 2872. Transfer of excess Department of Defense property on Santa Rosa and
Okaloosa Island, Florida, to Gulf Islands National Seashore.
Sec. 2873. Authorized military uses of Papago Park Military Reservation, Phoenix,
Arizona.
Sec. 2874. Assessment of water needs for Presidio of Monterey and Ord Military
Community.
Sec. 2875. Redesignation of McEntire Air National Guard Station, South Carolina,
as McEntire Joint National Guard Base.
Sec. 2876. Sense of Congress regarding community impact assistance related to
construction of Navy landing field, North Carolina.
Sec. 2877. Sense of Congress on establishment of Bakers Creek Memorial.
Subtitle A—Military Construction Program
and Military Family Housing Changes
SEC. 
2801. 
MODIFICATION 
OF 
CONGRESSIONAL 
NOTIFICATION
REQUIREMENTS FOR CERTAIN MILITARY CONSTRUC-
TION ACTIVITIES.
(a) CONTINGENCY CONSTRUCTION.—Section 2804(b) of title 10,
United States Code, is amended—
(1) by striking ‘‘21-day period’’ and inserting ‘‘14-day
period’’; and
(2) by striking ‘‘14-day period’’ and inserting ‘‘seven-day
period’’.
(b) ACQUISITION IN LIEU OF CONSTRUCTION.—Section 2813(c)
of such title is amended—
(1) by striking ‘‘30-day period’’ and inserting ‘‘21-day
period’’; and
(2) by striking ‘‘21-day period’’ and inserting ‘‘14-day
period’’.
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SEC. 2802. INCREASE IN NUMBER OF FAMILY HOUSING UNITS IN
KOREA AUTHORIZED FOR LEASE BY THE ARMY AT MAX-
IMUM AMOUNT.
Section 2828(e)(4) of title 10, United States Code, is amended
by striking ‘‘2,400’’ and inserting ‘‘2,800’’.
SEC. 2803. IMPROVEMENT IN AVAILABILITY AND TIMELINESS OF
DEPARTMENT OF DEFENSE INFORMATION REGARDING
MILITARY 
CONSTRUCTION 
AND 
FAMILY 
HOUSING
ACCOUNTS AND ACTIVITIES.
(a) MAINTENANCE OF INFORMATION ON INTERNET.—Section 2851
of title 10, United States Code, is amended by adding at the end
the following new subsection:
‘‘(c) MAINTENANCE OF MILITARY CONSTRUCTION INFORMATION
ON INTERNET; ACCESS.—(1) The Secretary of Defense shall maintain
an Internet site that, when activated by a person authorized under
paragraph (3), will permit the person to access and view on a
separate page of the Internet site a document or other file con-
taining the information required by paragraph (2) for the following:
‘‘(A) Each military construction project or military family
housing project that has been specifically authorized by Act
of Congress.
‘‘(B) Each project carried out with funds authorized for
the operation and maintenance of military family housing.
‘‘(C) Each project carried out with funds authorized for
the improvement of military family housing units.
‘‘(D) Each unspecified minor construction project carried
out under the authority of section 2805(a) of this title.
‘‘(E) Each military construction project or military family
housing project regarding which a statutory requirement exists
to notify Congress.
‘‘(2) The information to be provided via the Internet site
required by paragraph (1) for each project described in such para-
graph shall include the following:
‘‘(A) The solicitation date and award date (or anticipated
dates) for each contract entered into (or to be entered into)
by the United States in connection with the project.
‘‘(B) The contract recipient, contract award amount,
construction milestone schedule proposed by the contractor,
and construction completion date stipulated in the awarded
contract.
‘‘(C) The most current Department of Defense Form 1391,
Military Construction Project Data, for the project.
‘‘(D) The progress of the project, including the percentage
of construction currently completed and the current estimated
construction completion date.
‘‘(E) The current contract obligation of funds for the project,
including any changes to the original contract award amount.
‘‘(F) The estimated final cost of the project and, if the
estimated final cost of the project exceeds the amount appro-
priated for the project and funds have been provided from
another source to meet the increased cost, the source of the
funds and the amount provided.
‘‘(G) If funds appropriated for the project have been diverted
for use in another project, the project to which the funds were
diverted and the amount so diverted.
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‘‘(H) For accounts such as planning and design, unspecified
minor construction, and family housing operation and mainte-
nance, detailed information regarding expenditures and antici-
pated expenditures under these accounts and the purposes
for which the expenditures are made.
‘‘(3) Access to the Internet site required by paragraph (1) shall
be restricted to the following persons:
‘‘(A) Members of the congressional defense committees and
their staff.
‘‘(B) Staff of the congressional defense committees.
‘‘(4) The information required to be provided for each project
described in paragraph (1) shall be made available to the persons
referred to in paragraph (3) not later than 90 days after the award
of a contract or delivery order for the project. The Secretary of
Defense shall update the required information as promptly as prac-
ticable, but not less frequently than once a month, to ensure that
the information is available to such persons in a timely manner.’’.
(b) IMPLEMENTATION.—The Internet site required by subsection
(c) of section 2851 of title 10, United States Code, as added by
subsection (a), shall be available to the persons referred to in
paragraph (3) of such subsection not later than July 15, 2006.
(c) STYLISTIC AMENDMENTS.—Such section is further amended—
(1) in subsection (a), by inserting ‘‘SUPERVISION OF MILI-
TARY DEPARTMENT PROJECTS.—’’ after ‘‘(a)’’; and
(2) in subsection (b), by inserting ‘‘SUPERVISION OF DEFENSE
AGENCY PROJECTS.—’’ after ‘‘(b)’’
SEC. 2804. MODIFICATION OF COST VARIATION AUTHORITY.
(a) LIMITATION
ON COST DECREASES RELATED
TO MILITARY
CONSTRUCTION AND MILITARY FAMILY HOUSING PROJECTS.—Section
2853 of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘may be increased by not more than
25 percent’’ and inserting ‘‘may be increased or decreased
by not more than 25 percent’’; and
(B) by striking ‘‘if the Secretary concerned determines
that such an increase in cost is required’’ and inserting
‘‘if the Secretary concerned determines that such revised
cost is required’’;
(2) in subsection (c)—
(A) by striking ‘‘limitation on cost increase’’ and
inserting ‘‘limitation on cost variations’’; and
(B) by striking ‘‘the increase’’ both places it appears
and inserting ‘‘the variation’’; and
(3) in subsection (d), by striking ‘‘limitation on cost
increases’’ and inserting ‘‘limitation on cost variations’’.
(b) ADDITIONAL INFORMATION REQUIRED FOR NOTIFICATION IN
CONNECTION WITH WAIVER OF LIMITATIONS ON COST INCREASES.—
Subsection (c)(2) of such section is further amended by inserting
after ‘‘the reasons therefor’’ the following: ‘‘, including a description
of the funds proposed to be used to finance any increased costs’’.
(c) TECHNICAL AMENDMENTS.—
(1) SECTION
HEADING.—The heading of such section is
amended to read as follows:
Deadline.
10 USC 2851
note.
Deadline.
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‘‘§ 2853. Authorized cost and scope of work variations’’.
(2) TABLE OF SECTIONS.—The item relating to such section
in the table of sections at the beginning of subchapter III
of chapter 169 of such title is amended to read as follows:
‘‘2853. Authorized cost and scope of work variations.’’.
SEC. 2805. INAPPLICABILITY TO CHILD DEVELOPMENT CENTERS OF
RESTRICTION ON AUTHORITY TO ACQUIRE OR CON-
STRUCT ANCILLARY SUPPORTING FACILITIES.
(a) EXCEPTION
FOR CHILD DEVELOPMENT CENTERS.—Section
2881(b) of title 10, United States Code, is amended by inserting
‘‘(other than a child development center)’’ after ‘‘ancillary supporting
facility’’.
(b) CHILD DEVELOPMENT CENTER DEFINED.—Section 2871 of
such title is amended—
(1) in paragraph (1), by inserting ‘‘child development cen-
ters,’’ after ‘‘day care centers,’’; and
(2) by inserting after paragraph (1) the following new para-
graph:
‘‘(2) The term ‘child development center’ includes a facility,
and the utilities to support such facility, the function of which
is to support the daily care of children aged six weeks old
through five years old for full-day, part-day, and hourly
service.’’.
(c) RULE OF CONSTRUCTION.—Nothing in the amendment made
by subsection (a) may be construed to alter any law and regulation
applicable to the operation of a child development center, as defined
in section 2871(2) of title 10, United States Code.
SEC. 2806. DEPARTMENT OF DEFENSE HOUSING FUNDS.
(a) REQUIREMENT TO FUND CERTAIN ACQUISITION AND IMPROVE-
MENT OF MILITARY HOUSING SOLELY THROUGH DEFENSE HOUSING
FUNDS.—Subsection (e) of section 2883 of title 10, United States
Code, is amended—
(1) by striking ‘‘The Secretary’’ and inserting ‘‘(1) The Sec-
retary’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) The Funds established under subsection (a) shall be the
sole source of funds for activities carried out under this sub-
chapter.’’.
(b) AUTHORITY TO TRANSFER FUNDS APPROPRIATED FOR THE
IMPROVEMENT OF MILITARY FAMILY HOUSING TO DEFENSE HOUSING
FUNDS.—Subsection (c)(1)(B) of such section is amended by striking
‘‘acquisition or construction’’ and inserting ‘‘acquisition, improve-
ment, or construction’’.
(c) REPORTING REQUIREMENTS RELATED
TO DEPARTMENT
OF
DEFENSE HOUSING FUNDS.—Section 2884 of such title is amended—
(1) in subsection (a)(2)(D), by inserting after ‘‘description
of the source of such funds’’ the following: ‘‘, including a descrip-
tion of the specific construction, acquisition, or improvement
projects from which funds were transferred to the Funds estab-
lished under section 2883 of this title in order to finance the
contract, conveyance, or lease’’; and
(2) in subsection (b)(1)—
(A) by striking ‘‘a report’’ and inserting ‘‘a separate
report’’;
10 USC 2881
note.
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(B) by striking ‘‘covering the Funds’’ and inserting
‘‘covering each of the Funds’’; and
(C) by striking the period at the end and inserting
the following: ‘‘, including a description of the specific
construction, acquisition, or improvement projects from
which funds were transferred and the privatization projects
or contracts to which those funds were transferred. Each
report shall also include, for each military department or
defense agency, a description of all funds to be transferred
to such Funds for the current fiscal year and the next
fiscal year.’’.
SEC. 2807. USE OF DESIGN-BUILD SELECTION PROCEDURES TO ACCEL-
ERATE DESIGN EFFORT IN CONNECTION WITH MILITARY
CONSTRUCTION PROJECTS.
(a) CLARIFICATION OF CONDITION ON CONTRACTS.—Paragraph
(2) of subsection (f) of section 2305a of title 10, United States
Code, is amended to read as follows:
‘‘(2) Any military construction contract that provides for an
accelerated design effort, as authorized by paragraph (1), shall
include as a condition of the contract that the liability of the
United States in a termination for convenience before funds are
first made available for construction may not exceed an amount
attributable to the final design of the project.’’.
(b) DURATION OF AUTHORITY; REPORT.—Paragraph (4) of such
subsection is amended by striking ‘‘2007’’ each place it appears
and inserting ‘‘2008’’.
SEC. 2808. ACQUISITION OF ASSOCIATED UTILITIES, EQUIPMENT, AND
FURNISHINGS 
IN 
RESERVE 
COMPONENT 
FACILITY
EXCHANGE.
(a) ACQUISITION AUTHORITY.—Section 18240 of title 10, United
States Code, is amended—
(1) in subsection (a), by adding at the end the following
new sentence: ‘‘The acquisition of a facility or an addition
to an existing facility under this section may include the
acquisition of utilities, equipment, and furnishings for the
facility.’’; and
(2) in subsection (c), by inserting ‘‘including any utilities,
equipment, and furnishings, to be’’ after ‘‘existing facility,’’.
(b) CONFORMING AMENDMENT.—Section 2809(c)(1) of the Mili-
tary Construction Authorization Act for Fiscal Year 2005 (division
B of Public Law 108–375; 118 Stat. 2127) is amended by inserting
‘‘including any utilities, equipment, and furnishings,’’ after ‘‘existing
facility,’’.
SEC. 
2809. 
ONE-YEAR 
EXTENSION 
OF 
TEMPORARY, 
LIMITED
AUTHORITY TO USE OPERATION AND MAINTENANCE
FUNDS FOR CONSTRUCTION PROJECTS OUTSIDE THE
UNITED STATES.
(a) CONDITIONAL EXTENSION.—Section 2808 of the Military
Construction Authorization Act for Fiscal Year 2004 (division B
of Public Law 108–136; 117 Stat. 1723), as amended by section
2810 of the Military Construction Authorization Act for Fiscal Year
2005 (division B of Public Law 108–375; 118 Stat. 2128), is further
amended—
(1) in subsection (a), by striking ‘‘fiscal year 2005’’ and
inserting ‘‘fiscal years 2005 and 2006’’; and
10 USC 18240
note.
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(2) in subsection (d)(2)—
(A) by striking ‘‘during fiscal year 2005’’ and inserting
‘‘during a fiscal year’’;
(B) by inserting ‘‘for that fiscal year’’ after ‘‘commence’’;
and
(C) by striking ‘‘for fiscal year 2004’’ and inserting
‘‘for the preceding fiscal year’’.
(b) LIMITATION ON USE OF AUTHORITY.—Subsection (c)(1) of
such section 2808 is amended by striking ‘‘$200,000,000’’ and
inserting ‘‘$100,000,000’’.
(c) QUARTERLY REPORTS.—Subsection (d) of such section 2808
is amended by striking paragraph (1) and inserting the following
new paragraph:
‘‘(1) Not later than 30 days after the end of each fiscal-year
quarter during which appropriated funds available for operation
and maintenance are obligated or expended to carry out construction
projects outside the United States, the Secretary of Defense shall
submit to the congressional committees specified in subsection (f)
a report on the worldwide obligation and expenditure during that
quarter of such appropriated funds for such construction projects.’’.
(d) EFFECT OF FAILURE TO SUBMIT QUARTERLY REPORTS OR
PROJECT NOTIFICATIONS.—Such section 2808 is further amended
by adding at the end the following new subsection:
‘‘(g) EFFECT OF FAILURE TO SUBMIT QUARTERLY REPORTS OR
PROJECT NOTIFICATIONS.—If the report for a fiscal-year quarter
under subsection (d) or the notice of the obligation of the funds
for a construction project required by subsection (b) is not submitted
to the congressional committees specified in subsection (f) by the
required date, appropriated funds available for operation and
maintenance may not be obligated or expended after that date
under the authority of this section to carry out construction projects
outside the United States until the date on which the report or
notice is finally submitted.’’.
SEC. 
2810. 
TEMPORARY 
PROGRAM 
TO 
USE 
MINOR 
MILITARY
CONSTRUCTION AUTHORITY FOR CONSTRUCTION OF
CHILD DEVELOPMENT CENTERS.
(a) THRESHOLDS
ON CONSTRUCTION AUTHORIZED.—The Sec-
retary of Defense shall establish a program to carry out minor
military construction projects under section 2805 of title 10, United
States Code, to construct child development centers.
(b) INCREASED MAXIMUM AMOUNTS APPLICABLE
TO MINOR
CONSTRUCTION
PROJECTS.—For the purpose of any military
construction project carried out under the program authorized by
this section, the amounts specified in section 2805 of title 10,
United States Code, are modified as follows:
(1) The amount specified in the third sentence of subsection
(a)(1) of such section is deemed to be $8,000,000.
(2) The amount specified in the second sentence of sub-
section (a)(1) and in subsection (c)(1)(A) of such section is
deemed to be $7,000,000.
(3) The amount specified in subsections (b)(1) and (c)(1)(B)
of such section is deemed to be $5,000,000.
(c) NOTIFICATION, REVIEW AND APPROVAL REQUIREMENTS.—The
notification requirements under section 2805 of title 10, United
States Code, shall remain in effect for construction projects carried
out under the program authorized by this section. The Secretary
Procedures.
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shall establish procedures for the review and approval of requests
from the Secretaries of military departments to carry out construc-
tion projects under the program.
(d) REPORT REQUIRED.—Not later than March 1, 2007, the
Secretary of Defense shall submit to the congressional defense
committees a report on the program authorized by this section.
The report shall include a list and description of the construction
projects carried out under the program, including the location and
cost of each project.
(e) EXPIRATION OF AUTHORITY.—The authority to obligate funds
to carry out a minor military construction project under the program
authorized by this section expires on September 30, 2007.
(f) CONSTRUCTION OF AUTHORITY.—Nothing in this section may
be construed to limit any other authority provided by law for
a military construction project at a child development center.
(g) CHILD DEVELOPMENT CENTER DEFINED.—In this section,
the term ‘‘child development center’’ includes a facility, and the
utilities to support such facility, the function of which is to support
the daily care of children aged six weeks old through five years
old for full-day, part-day, and hourly service.
SEC. 2811. GENERAL AND FLAG OFFICERS QUARTERS IN THE
NATIONAL CAPITAL REGION.
(a) SERVICE-BY-SERVICE REPORT ON NEED FOR QUARTERS IN
NATIONAL CAPITAL REGION.—Not later than March 15, 2006, the
Secretary of each of the military departments shall submit to the
congressional defense committees a report containing an analysis
of the anticipated needs of the Armed Forces under the jurisdiction
of that Secretary for family housing units for general officers and
flag officers in the National Capital Region. In conducting the
analysis, the Secretary shall consider the necessity of providing
housing for general officers and flag officers in secure locations
in the National Capital Region, but shall not consider the number
of existing Government-owned units in the National Capital Region.
(b) USE
OF ALTERNATIVE AUTHORITY
FOR ACQUISITION
AND
IMPROVEMENT OF MILITARY HOUSING.—The Secretary of a military
department shall include in the report prepared by the Secretary
under subsection (a) an assessment of the viability and economic
impact of incorporating the inventory of general officer and flag
officer quarters of that military department in the National Capitol
Region into transactions carried out using the alternative authority
for the acquisition and improvement of military housing provided
by subchapter IV of chapter 169 of title 10, United States Code.
The assessment shall include an economic analysis of the potential
costs to include general officer and flag officer quarters into existing
and planned housing privatization transactions.
(c) DEFINITIONS.—In this section:
(1) The terms ‘‘general officer’’ and ‘‘flag officer’’ have the
meanings given such terms in section 101(b) of title 10, United
States Code.
(2) The term ‘‘National Capital Region’’ has the meaning
given such term in section 2674(f) of such title.
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Subtitle B—Real Property and Facilities
Administration
SEC. 2821. CONSOLIDATION OF DEPARTMENT OF DEFENSE LAND
ACQUISITION AUTHORITIES AND LIMITATIONS ON USE
OF SUCH AUTHORITIES.
(a) LAND ACQUISITION AUTHORITY.—Chapter 159 of title 10,
United States Code, is amended—
(1) in section 2663—
(A) by striking the section heading and inserting the
following new section heading:
‘‘§ 2663. Land acquisition authorities’’;
(B) in subsection (a)—
(i) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (C), respectively;
(ii) in subparagraph (C), as so redesignated, by
striking ‘‘clause (2)’’ and inserting ‘‘subparagraph (B)’’;
and
(iii) by inserting ‘‘ACQUISITION OF LAND BY CON-
DEMNATION
FOR CERTAIN MILITARY PURPOSES.—(1)’’
before ‘‘The Secretary’’;
(C) by redesignating subsection (b) as paragraph (2)
and, in such paragraph, by striking ‘‘subsection (a)’’ and
inserting ‘‘paragraph (1)’’;
(D) by redesignating subsection (c) as subsection (b)
and, in such subsection, by inserting ‘‘ACQUISITION BY PUR-
CHASE
IN LIEU
OF CONDEMNATION.—’’ before ‘‘The Sec-
retary’’; and
(E) by striking subsection (d);
(2) by transferring subsections (a), (b), and (d) of section
2672 to section 2663 and inserting such subsections in that
order after subsection (b), as redesignated by paragraph (1)(D);
(3) in subsection (a), as transferred by paragraph (2), by
striking ‘‘(a) ACQUISITION
AUTHORITY’’ and inserting ‘‘(c)
ACQUISITION OF LOW-COST INTERESTS IN LAND’’;
(4) in subsection (b), as transferred by paragraph (2)—
(A) by striking ‘‘(b) ACQUISITION OF MULTIPLE PAR-
CELS.—This section’’ and inserting ‘‘(3) This subsection’’;
(B) by striking ‘‘subsection (a)(1)’’ and inserting ‘‘para-
graph (1)’’; and
(C) by striking ‘‘subsection (a)(2)’’ and inserting ‘‘para-
graph (2)’’;
(5) in subsection (d), as transferred by paragraph (2)—
(A) by striking ‘‘(d) AVAILABILITY OF FUNDS.—Appro-
priations’’ and inserting ‘‘(4) Appropriations’’; and
(B) by striking ‘‘this section’’ and inserting ‘‘this sub-
section’’;
(6) by transferring subsections (a), (c), and (b) of section
2672a to section 2663 and inserting such subsections in that
order after subsection (c), as redesignated and amended by
paragraphs (3), (4), and (5);
(7) in subsection (a), as transferred by paragraph (6)—
(A) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively; and
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(B) by striking ‘‘(a) The Secretary’’ and inserting ‘‘(d)
ACQUISITION
OF
INTERESTS
IN
LAND
WHEN
NEED
IS
URGENT.—(1) The Secretary’’;
(8) in subsection (c), as transferred by paragraph (6)—
(A) by striking ‘‘(c)’’ and inserting ‘‘(2)’’; and
(B) by striking ‘‘this section’’ and inserting ‘‘this sub-
section’’;
(9) in subsection (b), as transferred by paragraph (6)—
(A) by striking ‘‘(b)’’ and inserting ‘‘(3)’’;
(B) by striking ‘‘this section’’ in the first sentence and
inserting ‘‘this subsection’’; and
(C) by striking the second sentence;
(10) by transferring subsection (b) of section 2676 to section
2663 and inserting such subsection after subsection (d), as
redesignated and amended by paragraphs (7), (8), and (9);
and
(11) in subsection (b), as transferred by paragraph (10),
by striking ‘‘(b) Authority’’ and inserting ‘‘(e) SURVEY
AUTHORITY; ACQUISITION METHODS.—Authority’’.
(b) LIMITATIONS ON ACQUISITION AUTHORITY.—Section 2676 of
such title, as amended by subsection (a)(10), is further amended—
(1) in subsection (a)—
(A) by inserting ‘‘AUTHORIZATION
FOR ACQUISITION
REQUIRED.—’’ before ‘‘No military department’’; and
(B) by striking ‘‘, as amended’’;
(2) in subsection (c)—
(A) in paragraph (1), by inserting ‘‘COST LIMITA-
TIONS.—’’ before ‘‘(1)’’; and
(B) in paragraph (2)—
(i) by striking ‘‘A land’’ and inserting ‘‘Until sub-
section (d) is complied with, a land’’; and
(ii) by striking ‘‘lesser,’’ and all that follows through
the period at the end and inserting ‘‘lesser.’’;
(3) in subsection (d), by inserting ‘‘CONGRESSIONAL
NOTIFICATION.—’’ before ‘‘The limitations’’; and
(4) in subsection (e), by inserting ‘‘PAYMENT OF JUDGE-
MENTS AND SETTLEMENTS.—’’ before ‘‘The Secretary’’.
(c) TRANSFER AND REDESIGNATION OF REVISED LIMITATION SEC-
TION.—Section 2676 of such title, as amended by subsections (a)(10)
and (b)—
(1) is inserted after section 2663 of such title, as amended
by subsection (a); and
(2) is amended by striking the section heading and inserting
the following new section heading:
‘‘§ 2664. Limitations on real property acquisition’’.
(d) INCLUSION OF LIMITATION ON LAND ACQUISITION COMMIS-
SIONS.—Subsection (c) of section 2661 of such title is transferred
to section 2664 of such title, as redesignated by subsection (c)(2),
is inserted after subsection (a) of such redesignated section, and
is redesignated as subsection (b).
(e) APPLICATION OF REAL PROPERTY MANAGEMENT AUTHORITIES
TO PENTAGON RESERVATION.—Section 2661 of such title is amended
by adding at the end the following new subsection:
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‘‘(d) TREATMENT OF PENTAGON RESERVATION.—In this chapter,
the terms ‘Secretary concerned’ and ‘Secretary of a military depart-
ment’ include the Secretary of Defense with respect to the Pentagon
Reservation.’’.
(f) CONFORMING REPEALS.—Sections 2672 and 2672a of such
title are repealed.
(g) CLERICAL AMENDMENTS.—The table of sections at the begin-
ning of chapter 159 of such title is amended—
(1) by striking the items relating to sections 2663, 2672,
2672a, and 2676; and
(2) by inserting after the item relating to section 2662
the following new items:
‘‘2663. Land acquisition authorities.
‘‘2664. Limitations on real property acquisition.’’.
SEC. 2822. MODIFICATION OF AUTHORITIES ON AGREEMENTS TO LIMIT
ENCROACHMENTS AND OTHER CONSTRAINTS ON MILI-
TARY TRAINING, TESTING, AND OPERATIONS.
(a) EXPANSION OF AGREEMENTS AUTHORIZED.—
(1) IN GENERAL.—Subsection (a) of section 2684a of title
10, United States Code, is amended—
(A) by inserting ‘‘or entities’’ after ‘‘entity’’; and
(B) by striking ‘‘in the vicinity of a military installation’’
and inserting ‘‘in the vicinity of, or ecologically related
to, a military installation or military airspace’’.
(2) CONFORMING AMENDMENTS.—Subsection (d) of such sec-
tion is amended—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by
inserting ‘‘or entities’’ after ‘‘eligible entity’’; and
(ii) in subparagraph (A), by inserting ‘‘or entities’’
after ‘‘the entity’’; and
(B) in paragraph (3), by inserting ‘‘or entities’’ after
‘‘the entity’’.
(b) COST-SHARING OF ACQUISITION COSTS OF PROPERTY AND
INTERESTS.—Subsection (d) of such section is further amended—
(1) in paragraph (1)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘may provide’’ and inserting ‘‘shall provide’’; and
(B) by striking subparagraph (B) and inserting the
following new subparagraph (B):
‘‘(B) the sharing by the United States and the entity or
entities of the acquisition costs in accordance with paragraph
(3).’’;
(2) by redesignating paragraphs (3), (4), and (5) as para-
graphs (4), (5), and (6), respectively; and
(3) by inserting after paragraph (2) the following new para-
graph (3):
‘‘(3)(A) The Secretary concerned shall determine the appropriate
portion of the acquisition costs to be borne by the United States
in the sharing of acquisition costs of real property, or an interest
in real property, under paragraph (1)(B).
‘‘(B) The portion of acquisition costs borne by the United States
in the sharing of acquisition costs of real property, or an interest
in real property, under paragraph (1)(B) may not exceed an amount
equal to the fair market value of any property or interest to be
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transferred to the United States upon the request of the Secretary
concerned under paragraph (4).
‘‘(C) The contribution of an entity or entities to the acquisition
costs of real property, or an interest in real property, under para-
graph (1)(B) may include, with the approval of the Secretary con-
cerned, the following or any combination of the following:
‘‘(i) The provision of funds, including funds received by
such entity or entities from a Federal agency outside the
Department of Defense or a State or local government in
connection with a Federal, State, or local program.
‘‘(ii) The provision of in-kind services, including services
related to the acquisition or maintenance of such real property
or interest in real property.
‘‘(iii) The exchange or donation of real property or any
interest in real property.’’.
(c) 
REPORTING
REQUIREMENT.—Such 
section 
is 
further
amended—
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following new sub-
section (g):
‘‘(g) ANNUAL REPORTS.—(1) Not later than March 1, 2007, and
annually thereafter, the Secretary of Defense shall, in coordination
with the Secretaries of the military departments and the Director
of the Department of Defense Test Resource Management Center,
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the projects undertaken
under agreements under this section.
‘‘(2) Each report under paragraph (1) shall include the following
the following:
‘‘(A) A description of the status of the projects undertaken
under agreements under this section.
‘‘(B) An assessment of the effectiveness of such projects,
and other actions taken pursuant to this section, as part of
a long-term strategy to ensure the sustainability of military
test and training ranges, military installations, and associated
airspace.
‘‘(C) An evaluation of the methodology and criteria used
to select, and to establish priorities, for projects undertaken
under agreements under this section.
‘‘(D) A description of any sharing of costs by the United
States and eligible entities under subsection (d) during the
preceding year, including a description of each agreement under
this section providing for the sharing of such costs and a
statement of the eligible entity or entities with which the
United States is sharing such costs.
‘‘(E) Such recommendations as the Secretary of Defense
considers appropriate for legislative or administrative action
in order to improve the efficiency and effectiveness of actions
taken pursuant to agreements under this section.’’.
SEC. 
2823. 
MODIFICATION 
OF 
UTILITY 
SYSTEM 
CONVEYANCE
AUTHORITY AND RELATED REPORTING REQUIREMENTS.
(a) NOTICE AND WAIT REQUIREMENT.—Subsection (a) of section
2688 of title 10, United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘CONVEYANCE AUTHORITY.—’’;
and
Contracts.
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(2) by adding at the end the following new paragraph:
‘‘(2) The Secretary concerned may not enter into a contract
to convey a utility system, or part of a utility system, under this
subsection until—
‘‘(A) the Secretary submits to the congressional defense
committees an economic analysis, based upon accepted life-
cycle costing procedures approved by the Secretary of Defense,
that demonstrates that—
‘‘(i) the long-term economic benefit to the United States
of the conveyance of the utility system, or part thereof,
exceeds the long-term economic cost to the United States
of the conveyance;
‘‘(ii) the conveyance of the utility system, or part
thereof, will reduce the long-term cost to the United States
of utility services provided by the utility system; and
‘‘(iii) the economic benefit analysis under clause (i)
and the cost reduction analysis under clause (ii) incorporate
margins of error in the estimates, based upon guidance
approved by the Secretary of Defense that minimize any
underestimation of the costs resulting from privatization
of the utility system, or part thereof, or any overestimation
of the costs resulting from continued Government owner-
ship and management of the utility system, or part thereof;
and
‘‘(B) the end of the 21-day period beginning on the date
on which the economic analysis prepared under subparagraph
(A) with respect to the conveyance of the utility system, or
part thereof, is received by the congressional defense commit-
tees or, if over earlier, the end of the 14-day period beginning
on the date on which a copy of the economic analysis is provided
in an electronic medium pursuant to section 480 of this title.’’.
(b) CONSIDERATION.—Subsection (c)(1) of such section is
amended by striking ‘‘shall’’ and inserting ‘‘may’’.
(c) DURATION OF UTILITY SERVICES CONTRACTS IN CONNECTION
WITH CONVEYANCES.—Such section is further amended—
(1) by redesignating subsections (d) through (i) as sub-
sections (e) through (j), respectively; and
(2) by redesignating paragraph (3) of subsection (c) as
subsection (d) and, in such subsection (as so redesignated)—
(A) by striking ‘‘A contract’’ and inserting ‘‘CONTRACTS
FOR UTILITY SERVICES.—(1) Except as provided in para-
graph (2), a contract’’;
(B) by striking ‘‘paragraph (1)’’ and inserting ‘‘sub-
section (c)’’;
(C) by striking ‘‘50 years.’’ and inserting ‘‘10 years.’’;
and
(D) by adding at the end the following new paragraph:
‘‘(2) The Secretary of Defense, or the designee of the Secretary,
may authorize a contract for utility services described in paragraph
(1) to have a term in excess of 10 years, but not to exceed 50
years, if the Secretary determines that a contract for a longer
term will be cost effective. The economic analysis submitted to
the congressional defense committees under subsection (a)(2) for
the conveyance of the utility system, or part thereof, with regard
to which the utility services contract will be entered into by the
Secretary concerned shall include the determination required by
this paragraph, an explanation of the need for the longer term
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contract, and a comparison of costs between a 10-year contract
and the longer-term contract.’’.
(d) CONFORMING
AMENDMENTS.—Such section is further
amended—
(1) in subsection (f), as redesignated by subsection (c)(1),
by striking the second sentence; and
(2) in subsection (h), as redesignated by subsection (c)(1),
by striking ‘‘subsection (e)’’ and inserting ‘‘subsection (a)(2)’’.
(e) 
TEMPORARY
LIMITATION
ON
USE
OF
CONVEYANCE
AUTHORITY.—During each of fiscal years 2006 and 2007, the number
of utility systems, or parts of utility systems, for which conveyance
contracts may be entered into under section 2688 of title 10, United
States Code, shall not exceed 25 percent of the total number of
utility systems that, as of the date of the enactment of this Act,
have been determined to be eligible for conveyance under such
section, but have not yet been conveyed.
(f) REPORT
ON USE
OF CONVEYANCE AUTHORITY.—Not later
than April 1, 2006, the Secretary of Defense shall submit to the
congressional defense committees a report describing the use of
section 2688 of title 10, United States Code, to convey utility sys-
tems, or parts of utility systems. The report shall contain the
following:
(1) A discussion of the methodology by which a military
department conducts the economic analyses of proposed utility
system conveyances under section 2688 of title 10, United
States Code, including the economic analyses referred to in
subsection (a)(2) of such section, and any guidance issued by
the Department of Defense related to conducting such economic
analyses.
(2) A list of the steps taken to ensure the reliability of
completed 
economic 
analyses, 
including 
post-conveyance
reviews of actual costs and savings to the United States versus
the costs and savings anticipated in the economic analyses.
(3) A review of the costs and savings to the United States
resulting from each utility system conveyance carried out under
such section.
(4) A discussion of the feasibility of obtaining consideration
equal to the fair market value of a conveyed utility system,
as authorized by subsection (c) of such section, and any guid-
ance issued by the Department of Defense related to imple-
menting that requirement, and the effect of that requirement
and guidance on the costs and savings to the United States
resulting from procuring by contract the utility services pro-
vided by the utility system.
(5) A discussion of the effects that permanent conveyance
of ownership in a utility system may have on the ability of
the Secretary of a military department to renegotiate contracts
for utility services provided by the utility system or to procure
such services from another source.
(6) A comparison of the value of contracts to permanently
convey ownership in a utility system versus contracts that
include reversion of the utility system to Government ownership
at the end of a specified contractual period, with regards to
contract terms, short- and long-term costs to the Government,
system condition at the end of a contract, liability and costs
associated with termination before the end of a contract, and
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available courses of action to address problems and other issues
raised during and after the contractual period.
(7) A discussion of the efforts and direction within the
Department of Defense to oversee the implementation and use
of the utility system conveyance authority under this section
and to ensure the adequacy of utilities services for a military
installation after conveyance of a utility system.
(8) A discussion of the effect of utility system conveyances
on the operating budgets of military installations at which
the conveyances were made.
(g) TEMPORARY SUSPENSION OF CONVEYANCE AUTHORITY.—If
the report required by subsection (f) is not submitted to the congres-
sional defense committees by the date specified in such subsection,
the Secretary of a military department may not convey a utility
system, including any part of a utility system, under subsection
(a) of section 2688 of title 10, United States Code, or make a
contribution under subsection (h) of such section toward the cost
of construction, repair, or replacement of a utility system by another
entity until the end of the 30-day period beginning on the date
on which the report is finally submitted.
(h) COMPTROLLER GENERAL REVIEW.—Not later than August
1, 2006, the Comptroller General shall submit to the congressional
defense committees a report evaluating the changes made by the
Department of Defense since May 2005 to the utility systems
conveyance program authorized by section 2688 of title 10, United
States Code, and the effects of those changes and containing such
recommendations for additional changes as the Comptroller General
considers necessary.
SEC. 2824. REPORT ON APPLICATION OF FORCE PROTECTION AND
ANTI-TERRORISM STANDARDS TO LEASED FACILITIES.
(a) REPORT REQUIRED.—Not later than September 30, 2006,
the Secretary of Defense shall submit to the congressional defense
committees a report on the application of Department of Defense
Anti-Terrorism/Force Protection standards to all facilities leased
by the Department of Defense or leased by the General Services
Administration as an agent for the Department of Defense as of
September 30, 2005.
(b) INFORMATION
ON LEASED FACILITIES.—For the facilities
identified in the report submitted under subsection (a), the Sec-
retary of Defense shall include the following:
(1) A description of the function of each leased facility,
including the location, size, terms of lease, and number of
personnel housed within the facility.
(2) A description of the threat assessment and the joint
security integrated vulnerability assessment for each leased
facility.
(3) A description and cost estimate of any actions necessary
to mitigate risk to an acceptable level in each leased facility.
(4) A description and cost estimate of the actions to be
taken by the Secretary for each leased facility to ensure compli-
ance with Department of Defense Anti-Terrorism/Force Protec-
tion standards.
(5) The total estimated cost of, and a proposed funding
plan for, implementation of the force protection and anti-ter-
rorism measures required to ensure the compliance of all leased
Deadline.
Reports.
Deadline.
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facilities with Defense Anti-Terrorism/Force Protection stand-
ards.
(c) INFORMATION
ON SUPPORT PRIORITIES.—The report sub-
mitted under subsection (a) shall also include a separate description
of the procedures used by the Secretary of Defense to prioritize
funding for the application of force protection and antiterrorism
standards to leased facilities, including a description of any such
procedures applicable to the entire Department of Defense.
(d) APPLICABILITY.—The reporting requirements under this sec-
tion apply to any space or facility that houses 11 or more personnel
in service to, or employed by, the Department of Defense.
SEC. 2825. REPORT ON USE OF GROUND SOURCE HEAT PUMPS AT
DEPARTMENT OF DEFENSE FACILITIES.
(a) REPORT REQUIRED.—Not later than July 1, 2006, the Sec-
retary of Defense shall submit to the congressional defense commit-
tees a report on the use of ground source heat pumps at Department
of Defense facilities.
(b) CONTENT.—The report required under subsection (a) shall
include—
(1) a description of the types of Department of Defense
facilities that use ground source heat pumps;
(2) an assessment of the applicability and cost-effectiveness
of the use of ground source heat pumps at Department of
Defense facilities in different geographic regions of the United
States;
(3) a description of the relative applicability of ground
source heat pumps for purposes of new construction at, and
retrofitting of, Department of Defense facilities; and
(4) recommendations for facilitating and encouraging the
increased use of ground source heat pumps at Department
of Defense facilities.
Subtitle C—Base Closure and Realignment
SEC. 2831. ADDITIONAL REPORTING REQUIREMENTS REGARDING
BASE CLOSURE PROCESS AND USE OF DEPARTMENT OF
DEFENSE BASE CLOSURE ACCOUNTS.
(a) INFORMATION ON FUTURE RECEIPTS AND EXPENDITURES.—
(1) 1990 ACCOUNT.—Section 2906(c)(1) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101–510; 10 U.S.C. 2687 note) is amended—
(A) in subparagraph (A)—
(i) by striking ‘‘committees of the amount’’ and
inserting ‘‘committees of—
‘‘(i) the amount’’;
(ii) by striking ‘‘such fiscal year and of the amount’’
and inserting ‘‘such fiscal year;
‘‘(ii) the amount’’; and
(iii) by striking ‘‘such fiscal year.’’ and inserting
‘‘such fiscal year;
‘‘(iii) the amount and nature of anticipated deposits to
be made into, and the anticipated expenditures to be made
from, the Account during the first fiscal year commencing after
the submission of the report; and
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‘‘(iv) the amount and nature of anticipated expenditures
to be made pursuant to section 2905(a) during the first fiscal
year commencing after the submission of the report.’’; and
(B) in subparagraph (B)—
(i) in clause (i), by inserting ‘‘and installation’’
after ‘‘subaccount’’; and
(ii) by adding at the end the following new clause:
‘‘(v) An estimate of the net revenues to be received from
property disposals to be completed during the first fiscal year
commencing after the submission of the report at military
installations the date of approval of closure or realignment
of which is before January 1, 2005.’’.
(2) 2005 ACCOUNT.—Section 2906A(c)(1) of such Act is
amended—
(A) in subparagraph (A)—
(i) by striking ‘‘committees of the amount’’ and
inserting ‘‘committees of—
‘‘(i) the amount’’;
(ii) by striking ‘‘such fiscal year and of the amount’’
and inserting ‘‘such fiscal year;
‘‘(ii) the amount’’; and
(iii) by striking ‘‘such fiscal year.’’ and inserting
‘‘such fiscal year;
‘‘(iii) the amount and nature of anticipated deposits to
be made into, and the anticipated expenditures to be made
from, the Account during the first fiscal year commencing after
the submission of the report; and
‘‘(iv) the amount and nature of anticipated expenditures
to be made pursuant to section 2905(a) during the first fiscal
year commencing after the submission of the report.’’; and
(B) in subparagraph (B)—
(i) in clause (i), by inserting ‘‘and installation’’
after ‘‘subaccount’’; and
(ii) by adding at the end the following new clause:
‘‘(v) An estimate of the net revenues to be received from
property disposals to be completed during the first fiscal year
commencing after the submission of the report at military
installations the date of approval of closure or realignment
of which is after January 1, 2005.’’.
(b) INFORMATION ON BRAC PROCESS.—Section 2907 of such
Act is amended—
(1) by striking ‘‘fiscal year 1993’’ and inserting ‘‘fiscal year
2007’’;
(2) by striking ‘‘and’’ at the end of paragraph (1);
(3) by striking the period at the end of paragraph (2)
and inserting a semicolon; and
(4) by adding at the end the following new paragraphs:
‘‘(3) a description of the closure or realignment actions
already carried out at each military installation since the date
of the installation’s approval for closure or realignment under
this part and the current status of the closure or realignment
of the installation, including whether—
‘‘(A) a redevelopment authority has been recognized
by the Secretary for the installation;
‘‘(B) the screening of property at the installation for
other Federal use has been completed; and
10 USC 2687
note.
10 USC 2687
note.
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‘‘(C) a redevelopment plan has been agreed to by the
redevelopment authority for the installation;
‘‘(4) a description of redevelopment plans for military
installations approved for closure or realignment under this
part, the quantity of property remaining to be disposed of
at each installation as part of its closure or realignment, and
the quantity of property already disposed of at each installation;
‘‘(5) a list of the Federal agencies that have requested
property during the screening process for each military installa-
tion approved for closure or realignment under this part,
including the date of transfer or anticipated transfer of the
property to such agencies, the acreage involved in such trans-
fers, and an explanation for any delays in such transfers;
‘‘(6) a list of known environmental remediation issues at
each military installation approved for closure or realignment
under this part, including the acreage affected by these issues,
an estimate of the cost to complete such environmental remedi-
ation, and the plans (and timelines) to address such environ-
mental remediation; and
‘‘(7) an estimate of the date for the completion of all closure
or realignment actions at each military installation approved
for closure or realignment under this part.’’.
SEC. 2832. EXPANDED AVAILABILITY OF ADJUSTMENT AND DIVER-
SIFICATION ASSISTANCE FOR COMMUNITIES ADVERSELY
AFFECTED BY MISSION REALIGNMENTS IN BASE CLO-
SURE PROCESS.
(a) ELIGIBILITY REQUIREMENTS.—Subsection (b)(3) of section
2391 of title 10, United States Code, is amended—
(1) by striking ‘‘significantly reduced operations of a defense
facility’’ and inserting ‘‘realignment of a military installation’’;
(2) by striking ‘‘cancellation,’’ and inserting ‘‘closure or
realignment, cancellation or’’; and
(3) by striking ‘‘community’’ and all that follows through
the period at the end and inserting ‘‘community or its resi-
dents.’’.
(b) MILITARY INSTALLATION AND REALIGNMENT DEFINED.—Para-
graph (1) of subsection (d) of such section is amended to read
as follows:
‘‘(1) The terms ‘military installation’ and ‘realignment’ have
the meanings given those terms in section 2687(e) of this title.’’.
SEC. 2833. TREATMENT OF INDIAN TRIBAL GOVERNMENTS AS PUBLIC
ENTITIES FOR PURPOSES OF DISPOSAL OF REAL PROP-
ERTY RECOMMENDED FOR CLOSURE IN JULY 1993 BRAC
COMMISSION REPORT.
Section 8013 of the Department of Defense Appropriations Act,
1994 (Public Law 103–139; 107 Stat. 1440), is amended by striking
‘‘the report to the President from the Defense Base Closure and
Realignment Commission, July 1991’’ and inserting ‘‘the reports
to the President from the Defense Base Closure and Realignment
Commission, July 1991 and July 1993’’.
SEC. 2834. TERMINATION OF PROJECT AUTHORIZATIONS FOR MILI-
TARY INSTALLATIONS APPROVED FOR CLOSURE IN 2005
ROUND OF BASE REALIGNMENTS AND CLOSURES.
(a) PROJECT TERMINATION.—An authorization for a military
construction project, land acquisition, or family housing project
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contained in title XXI, XXII, XXIII, or XXIV of this Act or in
an Act authorizing funds for a prior fiscal year for military construc-
tion projects, land acquisition, and family housing projects (and
authorizations of appropriations therefor) shall terminate and no
longer constitute authority under section 2676, 2802, 2821, or 2822
of title 10, United States Code, to carry out the military construction
project, land acquisition, or family housing project if the project
is located at a military installation that is approved for closure
or adverse realignment or established as an enclave in 2005 under
the Defense Base Closure and Realignment Act of 1990 (part A
of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).
(b) EXCEPTIONS.—Subsection (a) shall not apply to an authoriza-
tion for a military construction project, land acquisition, or family
housing project (and authorizations of appropriations therefor) if
the Secretary of Defense determines that—
(1) the cost to the United States to carry out the project
would be less than the cost to the United States of canceling
the project;
(2) the project remains necessary to support functions at
a military installation either before, during, or after the closure
or realignment of the installation or the establishment of the
installation as an enclave;
(3) in the case of an installation established as an enclave
to which future missions may be designated, the project is
necessary to support enclave functions or future missions after
their designation; or
(4) the project is vital to the national security or to the
protection of health, safety, or the quality of the environment.
(c) NOTICE AND WAIT REQUIREMENT.—When a decision is made
to carry out a military construction project, land acquisition, or
family housing project under subsection (b), the Secretary of Defense
shall submit to the congressional defense committees a report
explaining the decision, including the justification for the project
and the current estimate of the cost of the project. The project
may then be carried out only after the end of the 21-day period
beginning on the date the report is received by such committees
or, if earlier, the end of the 14-day period beginning on the date
on which a copy of the report is provided in an electronic medium
pursuant to section 480 of title 10, United States Code. In the
case of a project described in subsection (b)(4), advance notification
is not required, but the Secretary shall notify such committees
within seven days after first obligating funds for the project.
SEC. 2835. REQUIRED CONSULTATION WITH STATE AND LOCAL ENTI-
TIES ON ISSUES RELATED TO INCREASE IN NUMBER OF
MILITARY PERSONNEL AT MILITARY INSTALLATIONS.
If the base closure and realignment decisions of the 2005 round
of base closures and realignments under the 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 the Integrated Global Presence
and Basing Strategy would result in an increase in the number
of members of the Armed Forces assigned to a military installation,
the Secretary of Defense, during the development of the plans
to implement the decisions or strategy with respect to that installa-
tion, shall consult with appropriate State and local entities to
ensure that matters affecting the local community, including
10 USC 2687
note.
Reports.
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requirements for transportation, utility infrastructure, housing,
education, and family support activities, are considered.
SEC. 2836. SENSE OF CONGRESS REGARDING INFRASTRUCTURE AND
INSTALLATION 
REQUIREMENTS 
FOR 
TRANSFER 
OF
UNITS AND PERSONNEL FROM CLOSED AND REALIGNED
MILITARY INSTALLATIONS TO RECEIVING LOCATIONS.
(a) FINDINGS.—Congress finds the following:
(1) The decisions of the 2005 round of base closures and
realignments and the Integrated Global Presence and Basing
Strategy will result in the permanent change of station and
relocation of hundreds of thousands of members of the Armed
Forces and their families over the next six years.
(2) Critical quality-of-life concerns for military families
related to the infrastructure and installation requirements to
support the restructuring of the Armed Forces include adequate
housing and continued access to quality education facilities
and child care, health care, and other services.
(3) By ensuring that facilities and infrastructure are main-
tained at closing installations pending the actual change of
station and relocation of members of the Armed Forces and
their families and that adequate permanent facilities and infra-
structure await them at the receiving installations, disruptions
to unit operational effectiveness will be minimized and the
quality of life of military families will be protected.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
the Secretary of Defense should seek to ensure that the permanent
facilities and infrastructure necessary to support the mission of
the Armed Forces and the quality-of-life needs of members of the
Armed Forces and their families are ready for use at receiving
locations before units are transferred to such locations as a result
of the 2005 round of base closures and realignments and the
Integrated Global Presence and Basing Strategy.
SEC. 
2837. 
DEFENSE 
ACCESS 
ROAD 
PROGRAM 
AND 
MILITARY
INSTALLATIONS AFFECTED BY DEFENSE BASE CLOSURE
PROCESS OR INTEGRATED GLOBAL PRESENCE AND
BASING STRATEGY.
(a) SENSE
OF CONGRESS.—It is the sense of Congress that
roads leading onto a military installation that is significantly
impacted by an increase in the number of members of the Armed
Forces assigned to the installation as a result of the 2005 round
of defense base closure and realignment under the 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 the Integrated Global
Presence and Basing Strategy should be considered for designation
as defense access roads for purposes of section 210 of title 23,
United States Code.
(b) STUDY OF SURFACE TRANSPORTATION INFRASTRUCTURE OF
AFFECTED INSTALLATIONS.—The Secretary of Defense shall conduct
a study—
(1) to identify each military installation, if any, that will
be significantly impacted by an increase in the number of
members of the Armed Forces assigned to the installation as
a result of the 2005 round of defense base closure and realign-
ment under the Defense Base Closure and Realignment Act
of 1990 or the Integrated Global Presence and Basing Strategy;
and
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(2) to determine whether the existing surface transpor-
tation infrastructure at each installation identified under para-
graph (1) is adequate to support the increased vehicular traffic
associated with the increase in the number of defense personnel
described in that paragraph.
(c) REPORT.—Not later than April 15, 2007, the Secretary shall
submit to the congressional defense committees a report containing
the results of the study conducted under subsection (b).
SEC. 2838. SENSE OF CONGRESS ON REVERSIONARY INTERESTS
INVOLVING REAL PROPERTY AT NAVY HOMEPORTS.
It is the sense of Congress that, in implementing the decisions
made with respect to Navy homeports as part of the 2005 round
of defense base closures and realignments, the Secretary of the
Navy should, when consistent with Federal policy supporting cost-
free conveyances of Federal surplus property suitable for use to
provide a public benefit, release or otherwise relinquish any entitle-
ment to receive, pursuant to any agreement providing for such
payment, compensation from any holder of a reversionary interest
in real property used by the United States for improvements made
to the property.
Subtitle D—Land Conveyances
PART 1—ARMY CONVEYANCES
SEC. 2841. LAND CONVEYANCE, CAMP NAVAJO, ARIZONA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to the Department of Veterans’ Serv-
ices of the State of Arizona (in this section referred to as the
‘‘Department’’) all right, title, and interest of the United States
in and to a parcel of real property, including any improvements
thereon, consisting of approximately 80 acres at Camp Navajo,
Arizona, for the purpose of permitting the Department to establish
a State-run cemetery for veterans.
(b) REVERSIONARY INTEREST.—If the Secretary determines at
any time that the real property conveyed under subsection (a)
is not being used in accordance with the purpose of the conveyance
specified in such subsection, all right, title, and interest in and
to the property shall revert, at the option of the Secretary, to
the United States, and the United States shall have the right
of immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record after
an opportunity for a hearing.
(c) PAYMENT OF COSTS OF CONVEYANCE.—
(1) PAYMENT REQUIRED.—The Secretary shall require the
Department to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the Sec-
retary, to carry out the conveyance under subsection (a),
including survey costs, costs related to environmental docu-
mentation, and other administrative costs related to the convey-
ance. If amounts are collected from the Department in advance
of the Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the Secretary
to carry out the conveyance, the Secretary shall refund the
excess amount to the Department.
Records.
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(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received
as reimbursement under paragraph (1) shall be credited to
the fund or account that was used to cover the costs incurred
by the Secretary in carrying out the conveyance. Amounts
so credited shall be merged with amounts in such fund or
account and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts
in such fund or account.
(d) DESCRIPTION OF REAL PROPERTY.—The exact acreage and
legal description of the real property to be conveyed under sub-
section (a) shall be determined by a survey satisfactory to the
Secretary.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2842. LAND CONVEYANCE, IOWA ARMY AMMUNITION PLANT,
MIDDLETOWN, IOWA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey to the City of Middletown, Iowa (in this section referred
to as the ‘‘City’’), all right, title, and interest of the United States
in and to a parcel of real property, including any improvements
thereon, consisting of approximately 1.0 acres located at the Iowa
Army Ammunition Plant, Middletown, Iowa, for the purpose of
economic development.
(b) CONSIDERATION.—As consideration for the conveyance of
property under subsection (a), the City shall provide the United
States, whether by cash payment, in-kind consideration, or a com-
bination thereof, an amount that is not less than the fair market
value of the conveyed property, as determined by the Secretary.
(c) PAYMENT OF COSTS OF CONVEYANCE.—
(1) AUTHORITY TO REQUIRE PAYMENT.—The Secretary may
require the City to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the Sec-
retary, to carry out the conveyance under subsection (a),
including survey costs, costs related to environmental docu-
mentation, and other administrative costs related to the convey-
ance. If amounts are collected from the City in advance of
the Secretary incurring the actual costs, and the amount col-
lected exceeds the costs actually incurred by the Secretary
to carry out the conveyance, the Secretary shall refund the
excess amount to the City.
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received
as reimbursement under paragraph (1) shall be credited to
the fund or account that was used to cover the costs incurred
by the Secretary in carrying out the conveyance. Amounts
so credited shall be merged with amounts in such fund or
account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts
in such fund or account.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
Survey.
Survey.
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the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2843. LAND CONVEYANCE, HELENA, MONTANA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey to the Helena Indian Alliance all right, title, and interest
of the United States in and to a parcel of real property, including
improvements thereon, consisting of approximately 3.0 acres located
at Sheridan Hall United States Army Reserve Center, 501 Euclid
Avenue, Helena, Montana, for the purposes of supporting Native
American health care, mental health counseling, and the operation
of an education training center.
(b) REVERSIONARY INTEREST.—If the Secretary determines at
any time that the real property conveyed under subsection (a)
is not being used in accordance with the purposes of the conveyance
specified in such subsection, all right, title, and interest in and
to the property shall revert, at the option of the Secretary, to
the United States, and the United States shall have the right
of immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record after
an opportunity for a hearing.
(c) PAYMENT OF COSTS OF CONVEYANCE.—
(1) PAYMENT REQUIRED.—The Secretary shall require the
Helena Indian Alliance to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred
by the Secretary, to carry out the conveyance under subsection
(a), including survey costs, costs related to environmental docu-
mentation, and other administrative costs related to the convey-
ance. If amounts are collected from the Helena Indian Alliance
in advance of the Secretary incurring the actual costs, and
the amount collected exceeds the costs actually incurred by
the Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to the Alliance.
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received
as reimbursement under paragraph (1) shall be credited to
the fund or account that was used to cover the costs incurred
by the Secretary in carrying out the conveyance. Amounts
so credited shall be merged with amounts in such fund or
account and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts
in such fund or account.
(d) DESCRIPTION OF REAL PROPERTY.—The exact acreage and
legal description of the real property to be conveyed under sub-
section (a) shall be determined by a survey satisfactory to the
Secretary.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2844. LEASE AUTHORITY, ARMY HERITAGE AND EDUCATION
CENTER, CARLISLE, PENNSYLVANIA.
Section 2866 of the Military Construction Authorization Act
for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat.
1333) is amended—
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new sub-
section (e):
Survey.
Records.
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‘‘(e) LEASE OF FACILITY.—(1) Under such terms and conditions
as the Secretary considers appropriate, the Secretary may lease
portions of the facility to the Military Heritage Foundation to be
used by the Foundation, consistent with the agreement referred
to in subsection (a), for—
‘‘(A) generating revenue for activities of the facility through
rental use by the public, commercial and nonprofit entities,
State and local governments, and other Federal agencies; and
‘‘(B) such administrative purposes as may be necessary
for the support of the facility.
‘‘(2) The annual amount of consideration paid to the Secretary
by the Military Heritage Foundation for a lease under paragraph
(1) may not exceed an amount equal to the actual cost, as deter-
mined by the Secretary, of the annual operations and maintenance
of the facility.
‘‘(3) Amounts paid under paragraph (2) may be used by the
Secretary, in such amounts as provided in advance in appropriation
Acts, to cover the costs of operation of the facility.’’.
SEC. 2845. LAND EXCHANGE, FORT HOOD, TEXAS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey to Central Texas College (in this section referred to as
the ‘‘College’’) all right, title, and interest of the United States
in and to a parcel of real property, including any improvements
thereon, consisting of approximately 40 acres at Fort Hood, Texas.
(b) CONSIDERATION.—As consideration for the conveyance under
subsection (a), the College shall convey to the Secretary all right,
title, and interest of the College in and to one or more parcels
of real property acceptable to the Secretary and consisting of a
total of approximately 158 acres. The fair market value of the
real property received by the Secretary under this subsection shall
be at least equal to the fair market value of the real property
conveyed under subsection (a), as determined by the Secretary.
(c) PAYMENT OF COSTS OF CONVEYANCE.—
(1) PAYMENT REQUIRED.—The Secretary shall require the
College to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary,
to carry out the land exchange under this section, including
survey costs, costs related to environmental documentation,
and other administrative costs related to the exchange. If
amounts are collected from the College in advance of the Sec-
retary incurring the actual costs, and the amount collected
exceeds the costs actually incurred by the Secretary to carry
out the conveyance, the Secretary shall refund the excess
amount to the College.
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received
as reimbursement under paragraph (1) shall be credited to
the fund or account that was used to cover the costs incurred
by the Secretary in carrying out the land exchange. Amounts
so credited shall be merged with amounts in such fund or
account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts
in such fund or account.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be exchanged under this section
shall be determined by surveys satisfactory to the Secretary.
Surveys.
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(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the land exchange under this section as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2846. MODIFICATION OF LAND CONVEYANCE, ENGINEER PROVING
GROUND, FORT BELVOIR, VIRGINIA.
(a) CONSIDERATION.—Subsection (b)(4) of section 2836 of the
Military Construction Authorization Act for Fiscal Year 2002 (divi-
sion B of Public Law 107–107; 115 Stat. 1314) is amended by
striking ‘‘, jointly determined’’ and all that follows through ‘‘Ground’’
and inserting ‘‘equal to $3,880,000’’.
(b) REPLACEMENT OF FIRE STATION.—Subsection (d) of such
section is amended—
(1) in paragraph (1)—
(A) by striking ‘‘Building 5089’’ and inserting ‘‘Building
191’’; and
(B) by striking ‘‘paragraphs (2) and (3)’’ and inserting
‘‘paragraph (2)’’;
(2) in paragraph (2), by striking ‘‘Building 5089’’ and
inserting ‘‘Building 191’’; and
(3) by striking paragraph (3).
SEC. 2847. LAND CONVEYANCE, FORT BELVOIR, VIRGINIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey to the Commonwealth of Virginia (in this section referred
to as the ‘‘Commonwealth’’) all right, title, and interest of the
United States in and to up to three parcels of real property at
Fort Belvoir, Virginia, consisting of approximately 2.5 acres and
located on the alignment of State Route 618 (also known as the
Woodlawn Road) and both the east and west sides of the intersection
of State Route 618 and U.S. Highway No. 1 (in this section referred
to as the ‘‘Woodlawn Road parcels’’), for the purpose of allowing
the Commonwealth, the National Trust for Historic Preservation
(in this section referred to as the ‘‘Trust’’), and Fairfax County,
Virginia, to enter into an agreement regarding the conveyance
from the Trust of a parcel of real property located on the west
side of Old Mill Road, consisting of approximately two acres and
extending between the intersection of Old Mill Road and Pole Road
and the intersection of Mount Vernon Highway and U.S. Highway
No. 1.
(b) CONSIDERATION.—
(1) IN GENERAL.—As consideration for the conveyance of
the Woodlawn Road parcels under subsection (a), the Secretary
shall receive, whether by cash payment, in-kind consideration,
or a combination thereof, an amount that is not less than
the fair market value of the conveyed property, as determined
by an appraisal of the property acceptable to the Secretary.
(2) DISPOSITION OF FUNDS.—Cash consideration received
by the Secretary under paragraph (1) shall be deposited in
the special account in the Treasury established under sub-
section (b) of section 572 of title 40, United States Code, and
shall be available in accordance with paragraph (5)(B)(i) of
such subsection.
(c) PAYMENT OF COSTS OF CONVEYANCE.—
(1) AUTHORITY TO REQUIRE PAYMENT.—The Secretary may
require the Commonwealth to cover costs to be incurred by
the Secretary, or to reimburse the Secretary for costs incurred
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by the Secretary, to carry out the conveyance of the Woodlawn
Road parcels under subsection (a), including survey costs, costs
related to environmental documentation, and other administra-
tive costs related to the conveyance. If amounts are collected
from the Commonwealth in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the conveyance,
the Secretary shall refund the excess amount to the Common-
wealth.
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received
as reimbursement under paragraph (1) shall be credited to
the fund or account that was used to cover the costs incurred
by the Secretary in carrying out the conveyance. Amounts
so credited shall be merged with amounts in such fund or
account and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts
in such fund or account.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the Woodlawn Road parcels shall be determined
by surveys satisfactory to the Secretary.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyances under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2848. LAND CONVEYANCE, ARMY RESERVE CENTER, BOTHELL,
WASHINGTON.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey to the Snohomish County Fire Protection District #10 (in
this section referred to as the ‘‘Fire District’’) all right, title, and
interest of the United States in and to a parcel of real property,
including any improvements thereon, consisting of approximately
one acre at the Army Reserve Center in Bothell, Washington, and
currently occupied, in part, by the Queensborough Firehouse, for
the purpose of supporting the provision of fire and emergency
medical aid services.
(b) IN-KIND CONSIDERATION.—As consideration for the convey-
ance under subsection (a), the Fire District shall provide in-kind
consideration acceptable to the Secretary.
(c) REVERSIONARY INTEREST.—If the Secretary determines at
any time that the real property conveyed under subsection (a)
is not being used in accordance with the purpose of the conveyance
specified in such subsection, all right, title, and interest in and
to all or any portion of the property shall revert, at the option
of the Secretary, to the United States, and the United States
shall have the right of immediate entry onto the property. Any
determination of the Secretary under this subsection shall be made
on the record after an opportunity for a hearing.
(d) PAYMENT OF COSTS OF CONVEYANCE.—
(1) PAYMENT REQUIRED.—The Secretary shall require the
Fire District to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the Sec-
retary, to carry out the conveyance under subsection (a),
including survey costs, costs related to environmental docu-
mentation, and other administrative costs related to the convey-
ance. If amounts are collected from the Fire District in advance
of the Secretary incurring the actual costs, and the amount
Records.
Survey.
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collected exceeds the costs actually incurred by the Secretary
to carry out the conveyance, the Secretary shall refund the
excess amount to the Fire District.
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received
as reimbursement under paragraph (1) shall be credited to
the fund or account that was used to cover the costs incurred
by the Secretary in carrying out the conveyance. Amounts
so credited shall be merged with amounts in such fund or
account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts
in such fund or account.
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
PART 2—NAVY CONVEYANCES
SEC. 
2851. 
LAND 
CONVEYANCE, 
MARINE 
CORPS 
AIR 
STATION,
MIRAMAR, SAN DIEGO, CALIFORNIA.
(a) CONVEYANCE AUTHORIZED.—Subject to subsection (c), the
Secretary of the Navy may convey to the County of San Diego,
California (in this section referred to as the ‘‘County’’), all right,
title, and interest of the United States in and to a parcel of real
property, including any improvements thereon and appurtenant
easements thereto, consisting of approximately 230 acres along
the eastern boundary of Marine Corps Air Station, Miramar, Cali-
fornia, for the purpose of removing the property from the boundaries
of the installation and permitting the County to preserve the entire
property as a public passive park/recreational area known as the
Stowe Trail.
(b) CONSIDERATION.—
(1) IN GENERAL.—As consideration for the conveyance under
subsection (a), the County shall provide the United States
consideration, whether by cash payment, in-kind consideration,
or a combination thereof, in an amount that is not less than
the fair market value of the conveyed real property, as deter-
mined by the Secretary.
(2) IN-KIND
CONSIDERATION.—The in-kind consideration
provided by the County under paragraph (1) shall include the
acquisition, construction, provision, improvement, maintenance,
repair, or restoration (including environmental restoration), or
combination thereof, of any facilities or infrastructure relating
to the security of Marine Corps Air Station, Miramar, that
the Secretary considers acceptable as consideration under that
paragraph.
(3) RELATION TO OTHER LAWS.—Sections 2662 and 2802
of title 10, United States Code, shall not apply to any new
facilities or infrastructure received by the United States as
in-kind consideration under paragraph (2).
(4) NOTICE
TO
CONGRESS.—The Secretary shall provide
written notification to the congressional defense committees
of the types and value of consideration provided the United
States under paragraph (1).
Survey.
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(5) TREATMENT OF CASH CONSIDERATION RECEIVED.—Any
cash payment received by the United States under paragraph
(1) shall be deposited in the special account in the Treasury
established under subsection (b) of section 572 of title 40,
United States Code, and shall be available in accordance with
paragraph (5)(B)(ii) of such subsection.
(c) REVERSIONARY INTEREST.—If the Secretary determines at
any time that the County is not using the property conveyed under
subsection (a) in accordance with the purpose of the conveyance
specified in such subsection, all right, title, and interest in and
to the property, including any improvements thereon, shall revert,
at the option of the Secretary, to the United States, and the United
States shall have the right of immediate entry onto the property.
Any determination of the Secretary under this subsection shall
be made on the record after an opportunity for a hearing.
(d) RELEASE OF REVERSIONARY INTEREST.—The Secretary shall
release, without consideration, the reversionary interest retained
by the United States under subsection (c) if—
(1) Marine Corps Air Station, Miramar, is no longer being
used for Department of Defense activities; or
(2) the Secretary determines that the reversionary interest
is otherwise unnecessary to protect the interests of the United
States.
(e) PAYMENT OF COSTS OF CONVEYANCE.—
(1) PAYMENT REQUIRED.—The Secretary shall require the
County to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a) and implement
the receipt of in-kind consideration under subsection (b),
including appraisal costs, survey costs, costs related to environ-
mental documentation, and other administrative costs related
to the conveyance and receipt of in-kind consideration.
(2) TREATMENT
OF
AMOUNTS
RECEIVED.—Section 2695(c)
of title 10, United States Code, shall apply to any amounts
received by the Secretary under paragraph (1). If amounts
are received from the County in advance of the Secretary incur-
ring the actual costs, and the amount received exceeds the
costs actually incurred by the Secretary under this section,
the Secretary shall refund the excess amount to the County.
(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed by the Secretary
under subsection (a) shall be determined by a survey satisfactory
to the Secretary.
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under this section as the Secretary considers appro-
priate to protect the interests of the United States.
SEC. 2852. LEASE OR LICENSE OF UNITED STATES NAVY MUSEUM
FACILITIES AT WASHINGTON NAVY YARD, DISTRICT OF
COLUMBIA.
(a) LEASES AND LICENSES AUTHORIZED.—The Secretary of the
Navy may lease or license to the Naval Historical Foundation
any portion of the facilities located at the Washington Naval Yard,
District of Columbia, that house the United States Navy Museum
for the purpose of permitting the Foundation to carry out the
following activities:
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(1) Generation of revenue for the United States Navy
Museum through the rental of facilities to the public, commer-
cial and non-profit entities, State and local governments, and
other Federal agencies.
(2) Performance of administrative activities in support of
the United States Navy Museum.
(b) LIMITATION.—Activities carried out at a facility subject to
a lease or license under subsection (a) must be consistent with
the operations of the United States Navy Museum.
(c) CONSIDERATION.—The amount of consideration paid in a
year by the Naval Historical Foundation to the United States for
the lease or license of facilities under subsection (a) may not exceed
the actual cost, as determined by the Secretary, of the annual
operation and maintenance of the facilities.
(d) DEPOSIT AND USE OF PROCEEDS.—Consideration paid under
subsection (c) shall be deposited into the appropriations account
available for the operation and maintenance of the United States
Navy Museum. The Secretary may use the amounts so deposited
to cover costs associated with the operation and maintenance of
the Museum and its exhibits.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
a lease or license under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
PART 3—AIR FORCE CONVEYANCES
SEC. 2861. PURCHASE OF BUILD-TO-LEASE FAMILY HOUSING, EIELSON
AIR FORCE BASE, ALASKA.
(a) CONDITIONAL AUTHORITY TO PURCHASE.—After the expira-
tion of the contract for the lease of the military family housing
project at Eielson Air Force Base, Alaska, that was constructed
under the authority of former subsection (g) of section 2828 of
title 10, United States Code (now section 2835 of such title), as
added by section 801 of the Military Construction Authorization
Act, 1984 (Public Law 98–115; 97 Stat. 782), the Secretary of
the Air Force may purchase the entire interest of the lessor in
the project if the Secretary determines that the purchase of the
project is in the best economic interests of the Air Force.
(b) CONSIDERATION.—The consideration paid by the Secretary
to purchase the interest of the lessor under subsection (a) may
not exceed the fair market value of the military family housing
project, as determined by the Secretary.
(c) CONGRESSIONAL NOTIFICATION.—If a decision is made to
purchase the interest of the lessor in the military family housing
project under subsection (a), the Secretary shall submit a report
to the congressional defense committees containing—
(1) notice of the decision;
(2) the economic analyses used by the Secretary to deter-
mine that purchase of the project is in the best economic
interests of the Air Force, as required by subsection (a); and
(3) a schedule for, and an estimate of the costs and nature
of, any renovations or repairs that will be necessary to ensure
that all units in the project meet current adequate housing
standards.
Reports.
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(d) PURCHASE DELAY.—A contract to effectuate the purchase
of the military family housing project under subsection (a) may
be entered into by the Secretary only after—
(1) the contract for the lease of the project expires; and
(2) the report required by subsection (c) is submitted and
a 30-day period beginning on the date the report is received
by the congressional defense committees expires or, if earlier,
a 21-day period beginning on the date on which a copy of
the report is provided in an electronic medium pursuant to
section 480 of title 10, United States Code, expires.
SEC. 2862. LAND CONVEYANCE, AIR FORCE PROPERTY, JACKSONVILLE,
ARKANSAS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force
may convey to the City of Jacksonville, Arkansas (in this section
referred to as the ‘‘City’’), all right, title, and interest of the United
States in and to real property consisting of approximately 45.024
acres around an existing short line railroad in Pulaski County,
Arkansas, for the purpose of permitting the City to facilitate rail-
road access to an industrial park to further community economic
development.
(b) CONSIDERATION.—As consideration for the conveyance under
subsection (a), the City shall pay to the United States an amount
equal to the fair market value of the conveyed real property, as
established by the assessment of the property conducted under
contract for the Corps of Engineers and dated September 15, 2003.
(c) CONDITIONS OF CONVEYANCE.—The conveyance under sub-
section (a) shall be subject to the lease agreement dated October
29, 1982, as amended, between the Secretary and the Missouri
Pacific Railroad Company (and its successors and assigns) and
any other easement, lease, condition, or restriction of record,
including streets, roads, highways, railroads, pipelines, and public
utilities, insofar as the easement, lease, condition, or restriction
is in existence on the date of the enactment of this Act and lawfully
affects the conveyed property.
(d) PAYMENT OF COSTS OF CONVEYANCE.—
(1) PAYMENT REQUIRED.—The Secretary shall require the
City to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including
survey costs, costs related to environmental documentation,
and other administrative costs related to the conveyance. If
amounts are collected from the City in advance of the Secretary
incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to
the City.
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received
as reimbursement under paragraph (1) shall be credited to
the fund or account that was used to cover the costs incurred
by the Secretary in carrying out the conveyance. Amounts
so credited shall be merged with amounts in such fund or
account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts
in such fund or account.
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(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2863. LAND CONVEYANCE, AIR FORCE PROPERTY, LA JUNTA,
COLORADO.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force
may convey, without consideration, to the City of La Junta, Colorado
(in this section referred to as the ‘‘City’’), all right, title, and interest
of the United States in and to a parcel of real property, including
improvements thereon, consisting of approximately 8 acres located
at the USA Bomb Plot in the La Junta Industrial Park for the
purpose of training local law enforcement officers.
(b) PAYMENT OF COSTS OF CONVEYANCE.—
(1) PAYMENT REQUIRED.—The Secretary shall require the
City to cover costs to be incurred by the Secretary after the
date of enactment of the Act, or to reimburse the Secretary
for costs incurred by the Secretary after that date, to carry
out the conveyance under subsection (a), including any survey
costs, costs related to environmental assessments, studies, anal-
yses, or other documentation, and other administrative costs
related to the conveyance. If amounts are collected from the
City in advance of the Secretary incurring the actual costs,
and the amount collected exceeds the costs actually incurred
by the Secretary to carry out the conveyance, the Secretary
shall refund the excess amount to the City.
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received
as reimbursement under paragraph (1) shall be credited to
the fund or account that was used to cover the costs incurred
by the Secretary in carrying out the conveyance. Amounts
so credited shall be merged with amounts in such fund or
account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts
in such fund or account.
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2864. LEASE, NATIONAL IMAGERY AND MAPPING AGENCY SITE,
ST. LOUIS, MISSOURI.
(a) LEASE REQUIRED.—Not later than February 28, 2006, the
Secretary of the Air Force shall lease to the St. Louis County
Port Authority of St. Louis County, Missouri (in this section referred
to as the ‘‘Port District’’), a parcel of real property, including
improvements thereon, consisting of approximately 39 acres and
known as the National Imagery and Mapping Agency site at 8900
South Broadway, St. Louis, Missouri, for the purpose of permitting
the Port District to use the parcel for economic development pur-
poses. The Secretary shall carry out this section in consultation
with the Administrator of the General Services Administration.
Deadline.
Survey.
Survey.
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(b) RENTAL PRICE.—The real property to be leased under sub-
section (a) shall be leased at a rate equal to not less than the
fair market value of the property.
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be leased under subsection (a)
shall be determined by a survey satisfactory to the Secretary of
the Air Force and the Port District.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the lease under subsection (a) as the Secretary considers appro-
priate to protect the interests of the United States.
Subtitle E—Other Matters
SEC. 2871. CLARIFICATION OF MORATORIUM ON CERTAIN IMPROVE-
MENTS AT FORT BUCHANAN, PUERTO RICO.
(a) CLARIFICATION OF AND EXCEPTIONS TO MORATORIUM.—Sec-
tion 1507 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law 106–
398; 114 Stat. 1654A–355) is amended—
(1) in subsection (a), by striking ‘‘conversion, rehabilitation,
extension, or improvement’’ and inserting ‘‘or extension’’; and
(2) in subsection (b)—
(A) in paragraph (1), by inserting ‘‘, repair, replace,
or convert’’ after ‘‘maintain’’;
(B) in paragraph (2), by striking ‘‘authorized before
the date of the enactment of this Act’’; and
(C) by adding at the end the following new paragraphs:
‘‘(3) The construction of facilities supporting Department
of Defense education activities.
‘‘(4) Any construction or extension required to support the
installation of communications equipment.’’.
(b) RULE OF CONSTRUCTION.—The amendments made by sub-
section (a) do not trigger the termination of the moratorium on
certain improvements at Fort Buchanan, Puerto Rico, as provided
by subsection (c) of such section.
SEC. 2872. TRANSFER OF EXCESS DEPARTMENT OF DEFENSE PROP-
ERTY ON SANTA ROSA AND OKALOOSA ISLAND, FLORIDA,
TO GULF ISLANDS NATIONAL SEASHORE.
(a) FINDINGS.—Congress finds the following:
(1) Public Law 91–660 of the 91st Congress established
the Gulf Islands National Seashore in the States of Florida
and Mississippi.
(2) The original boundaries of the Gulf Islands National
Seashore encompassed certain Federal land used by the Air
Force and the Navy, and the use of such land was still required
by the Armed Forces when the seashore was established.
(3) Senate Report 91–1514 of the 91th Congress addressed
the relationship between these military lands and the Gulf
Islands National Seashore as follows: ‘‘While the military use
of these lands is presently required, they remain virtually free
of adverse development and they are included in the boundaries
of the seashore so that they can be wholly or partially trans-
ferred to the Department of the Interior when they become
excess to the needs of the Air Force.’’.
16 USC 459h–6
note.
Mississippi.
Survey.
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(4) Although section 2(a) of Public Law 91–660 (16 U.S.C.
459h–1(a)) authorized the eventual transfer of Federal land
within the boundaries of the Gulf Islands National Seashore
from the Department of Defense to the Secretary of the Interior,
an amendment mandating the transfer of excess Department
of Defense land on Santa Rosa and Okaloosa Island, Florida,
to the Secretary of the Interior is required to ensure that
the purposes of the Gulf Islands National Seashore are fulfilled.
(b) TRANSFER REQUIRED.—Section 7 of Public Law 91–660 (16
U.S.C. 459h–6) is amended—
(1) by inserting ‘‘(a)’’ before ‘‘There are’’; and
(2) by adding at the end the following new subsection:
‘‘(b) If any of the Federal land on Santa Rosa or Okaloosa
Island, Florida, under the jurisdiction of the Department of Defense
is ever excess to the needs of the Armed Forces, the Secretary
of Defense shall transfer the excess land to the administrative
jurisdiction of the Secretary of the Interior, subject to the terms
and conditions acceptable to the Secretary of the Interior and the
Secretary of Defense. The Secretary of the Interior shall administer
the transferred land as part of the seashore in accordance with
the provisions of this Act.’’.
SEC. 2873. AUTHORIZED MILITARY USES OF PAPAGO PARK MILITARY
RESERVATION, PHOENIX, ARIZONA.
The Act of April 7, 1930 (Chapter 107; 46 Stat. 142), is amended
in the first designated paragraph, relating to the Papago Park
Military Reservation, by striking ‘‘as a rifle range’’.
SEC. 2874. ASSESSMENT OF WATER NEEDS FOR PRESIDIO OF MON-
TEREY AND ORD MILITARY COMMUNITY.
Not later than April 7, 2006, the Secretary of Defense shall
submit to Congress an interim assessment of the current and
reasonable future needs of the Department of the Defense for water
for the Presidio of Monterey and the Ord Military Community.
SEC. 2875. REDESIGNATION OF MCENTIRE AIR NATIONAL GUARD STA-
TION, SOUTH CAROLINA, AS MCENTIRE JOINT NATIONAL
GUARD BASE.
McEntire Air National Guard Station in Eastover, South Caro-
lina, shall be known and designated as ‘‘McEntire Joint National
Guard Base’’ in recognition of the use of the installation to house
both Air National Guard and Army National Guard assets. Any
reference to McEntire Air National Guard Station in any law,
regulation, map, document, record, or other paper of the United
States shall be considered to be a reference to McEntire Joint
National Guard Base.
SEC. 2876. SENSE OF CONGRESS REGARDING COMMUNITY IMPACT
ASSISTANCE RELATED TO CONSTRUCTION OF NAVY
LANDING FIELD, NORTH CAROLINA.
It is the sense of Congress that—
(1) the planned construction of an outlying landing field
in North Carolina is vital to the national security interests
of the United States; and
(2) the Department of Defense should work with other
Federal agencies to provide community impact assistance to
those communities directly impacted by the location of the
outlying landing field, including, to the extent appropriate—
Deadline.
16 USC 431 note.
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(A) economic development assistance;
(B) impact aid program assistance;
(C) the provision by cooperative agreement with the
Navy of fire, rescue, water, and sewer services;
(D) access by leasing arrangement to appropriate land
for farming for farmers impacted by the location of the
landing field;
(E) direct relocation assistance; and
(F) fair compensation to landowners for property pur-
chased by the Navy.
SEC. 2877. SENSE OF CONGRESS ON ESTABLISHMENT OF BAKERS
CREEK MEMORIAL.
(a) FINDINGS.—Congress makes the following findings:
(1) In 1943 and 1944, the United States Armed Forces
operated a rest and relaxation facility in Mackay, Queensland,
Australia, for troops serving in the Pacific Theater during World
War II.
(2) On June 14, 1943, a Boeing B–17C was transporting
6 crew members and 35 servicemen from Mackay to Port
Moresby, New Guinea, to return the servicemen to duty after
10 days of rest and relaxation leave at an Army/Red Cross
facility.
(3) The aircraft crashed shortly after take-off at Bakers
Creek, Australia, killing all 6 crew members and 34 of the
35 servicemen being transported in what was at that point
the worst crash in American air transport history, and what
remains the worst air disaster in Australian history.
(4) Due to wartime censorship rules related to the move-
ment of troops, the tragic crash and loss of life were not
reported to the Australian or United States public.
(5) Many family members of those killed did not learn
the circumstances of the troops deaths until they were contacted
by the Bakers Creek Memorial Foundation beginning in 1992.
(6) As of May 2005, the Bakers Creek Memorial Foundation
had contacted 36 of the 40 families that lost loved ones in
the tragic crash, and was continuing efforts to locate the
remaining four families to inform them of the true events
of the crash at Bakers Creek.
(7) The Australian people marked the tragic crash at
Bakers Creek with a memorial established in 1992, but no
similar memorial has been established in the United States.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
the Secretary of the Army may establish an appropriate marker,
at a site to be chosen at the discretion of the Secretary, to commemo-
rate the 40 members of the United States Armed Forces who
lost their lives in the air crash at Bakers Creek, Australia, on
June 14, 1943.
Australia.
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PUBLIC LAW 109–163—JAN. 6, 2006
DIVISION C—DEPARTMENT OF ENERGY
NATIONAL 
SECURITY 
AUTHORIZA-
TIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY
NATIONAL SECURITY PROGRAMS
SUBTITLE A—NATIONAL SECURITY PROGRAMS AUTHORIZATIONS
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
SUBTITLE B—OTHER MATTERS
Sec. 3111. Reliable Replacement Warhead program.
Sec. 3112. Rocky Flats Environmental Technology Site.
Sec. 3113. Report on compliance with Design Basis Threat issued by Department
of Energy in 2005.
Sec. 3114. Reports associated with Waste Treatment and Immobilization Plant
Project, Hanford Site, Richland, Washington.
Sec. 3115. Report on assistance for a comprehensive inventory of Russian nonstra-
tegic nuclear weapons.
Sec. 3116. Report on international border security programs.
Sec. 3117. Savannah River National Laboratory.
Subtitle A—National Security Programs
Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2006 for the activities of the National Nuclear Security
Administration in carrying out programs necessary for national
security in the amount of $9,196,456 to be allocated as follows:
(1) For weapons activities, $6,433,936,000.
(2) 
For 
defense 
nuclear 
nonproliferation 
activities,
$1,631,151,000.
(3) For naval reactors, $789,500,000.
(4) For the Office of the Administrator for Nuclear Security,
$341,869,000.
(b) AUTHORIZATION
OF NEW PLANT PROJECTS.—From funds
referred to in subsection (a) that are available for carrying out
plant projects, the Secretary of Energy may carry out new plant
projects for the National Nuclear Security Administration as follows:
(1) For readiness in technical base and facilities, the fol-
lowing new plant projects:
Project 06–D-140, Readiness in Technical Base and
Facilities Program, project engineering and design, var-
ious locations, $14,113,000.
Project 06–D-402, replacement of Fire Stations
Number 1 and Number 2, Nevada Test Site, Nevada,
$8,284,000.
Project 06–D-403, tritium facility modernization,
Lawrence Livermore National Laboratory, Livermore,
California, $2,600,000.
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Project 06–D-404, remediation, restoration, and
upgrade of Building B–3, Nevada Test Site, Nevada,
$16,000,000.
(2) For facilities and infrastructure recapitalization, the
following new plant projects:
Project 06–D-160, Facilities and Infrastructure
Recapitalization Program, project engineering and
design, various locations, $5,811,000.
Project 06–D-601, electrical distribution system
upgrade, Pantex Plant, Amarillo, Texas, $4,000,000.
Project 06–D-602, gas main and distribution
system upgrade, Pantex Plant, Amarillo, Texas,
$3,700,000.
Project 06–D-603, Steam Plant Life Extension
Project, Y–12 National Security Complex, Oak Ridge,
Tennessee, $729,000.
(3) For defense nuclear nonproliferation, the following new
plant project:
Project 06–D-180, Defense Nuclear Nonprolifera-
tion, project engineering and design, National Security
Laboratory, Pacific Northwest National Laboratory,
Richland, Washington, $13,000,000.
(4) For naval reactors, the following plant projects:
Project 06–D-901, Central Office Building 2, Bettis
Atomic Power Laboratory, West Mifflin, Pennsylvania,
$7,000,000.
Project 05–D-900, Materials Development Facility
Building, Schenectady, New York, $9,900,000, of which
$1,000,000 shall be available for project engineering
and design.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2006 for defense environmental cleanup activities in
carrying out programs necessary for national security in the amount
of $6,192,371,000.
(b) AUTHORIZATION
OF NEW PLANT PROJECT.—From funds
referred to in subsection (a) that are available for carrying out
plant projects, the Secretary of Energy may carry out, for defense
environmental cleanup activities, the following new plant project:
Project 06–D-401, sodium bearing waste treatment
project, Idaho National Laboratory, Idaho Falls, Idaho,
$54,270,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2006 for other defense activities
in carrying out programs necessary for national security in the
amount of $641,998,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2006 for defense nuclear waste
disposal for payment to the Nuclear Waste Fund established in
section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10222(c)) in the amount of $350,000,000.
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PUBLIC LAW 109–163—JAN. 6, 2006
Subtitle B—Other Matters
SEC. 3111. RELIABLE REPLACEMENT WARHEAD PROGRAM.
(a) PROGRAM REQUIRED.—The Atomic Energy Defense Act (divi-
sion D of Public Law 107–314) is amended by inserting after section
4204 (50 U.S.C. 2524) the following new section:
‘‘SEC. 4204a. RELIABLE REPLACEMENT WARHEAD PROGRAM.
‘‘(a) PROGRAM REQUIRED.—The Secretary of Energy shall carry
out a program, to be known as the Reliable Replacement Warhead
program, which will have the following objectives:
‘‘(1) To increase the reliability, safety, and security of the
United States nuclear weapons stockpile.
‘‘(2) To further reduce the likelihood of the resumption
of underground nuclear weapons testing.
‘‘(3) To remain consistent with basic design parameters
by including, to the maximum extent feasible and consistent
with the objective specified in paragraph (2), components that
are well understood or are certifiable without the need to
resume underground nuclear weapons testing.
‘‘(4) To ensure that the nuclear weapons infrastructure
can respond to unforeseen problems, to include the ability to
produce replacement warheads that are safer to manufacture,
more cost-effective to produce, and less costly to maintain than
existing warheads.
‘‘(5) To achieve reductions in the future size of the nuclear
weapons stockpile based on increased reliability of the reliable
replacement warheads.
‘‘(6) To use the design, certification, and production exper-
tise resident in the nuclear complex to develop reliable replace-
ment components to fulfill current mission requirements of
the existing stockpile.
‘‘(7) To serve as a complement to, and potentially a more
cost-effective and reliable long-term replacement for, the cur-
rent Stockpile Life Extension Programs.
‘‘(b) CONSULTATION.—The Secretary of Energy shall carry out
the Reliable Replacement Warhead program in consultation with
the Secretary of Defense.’’.
(b) REPORT.—Not later than March 1, 2007, the Secretary of
Energy and the Secretary of Defense shall submit to the congres-
sional defense committees a report on the feasibility and
implementation of the Reliable Replacement Warhead program
required by section 4204a of the Atomic Energy Defense Act, as
added by subsection (a). The report shall—
(1) identify existing warheads recommended for replace-
ment by 2035 with an assessment of the weapon performance
and safety characteristics of the replacement warheads;
(2) discuss the relationship of the Reliable Replacement
Warhead program within the Stockpile Stewardship Program
and its impact on the current Stockpile Life Extension Pro-
grams;
(3) provide an assessment of the extent to which a success-
ful Reliable Replacement Warhead program could lead to reduc-
tions in the nuclear weapons stockpile;
(4) discuss the criteria by which replacement warheads
under the Reliable Replacement Warhead program will be
50 USC 2524a.
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PUBLIC LAW 109–163—JAN. 6, 2006
designed to maximize the likelihood of not requiring nuclear
testing, as well as the circumstances that could lead to a
resumption of testing;
(5) provide a description of the infrastructure, including
pit production capabilities, required to support the Reliable
Replacement Warhead program;
(6) provide a detailed summary of how the funds made
available pursuant to the authorizations of appropriations in
this Act, and any funds made available in prior years, will
be used; and
(7) provide an estimate of the comparative costs of a reliable
replacement warhead and the stockpile life extension for the
warheads identified in paragraph (1).
(c) INTERIM REPORT.—Not later than March 1, 2006, the Sec-
retary of Energy and the Secretary of Defense shall submit to
the congressional defense committees an interim report on the
matters required to be covered by the report under subsection
(b).
(d) CONSULTATION.—The Secretary of Energy and the Secretary
of Defense shall prepare the reports required by subsections (b)
and (c) in consultation with the Nuclear Weapons Council.
SEC. 3112. ROCKY FLATS ENVIRONMENTAL TECHNOLOGY SITE.
(a) DEFINITIONS.—In this section:
(1) ESSENTIAL MINERAL RIGHT.—The term ‘‘essential min-
eral right’’ means a right to mine sand and gravel at Rocky
Flats, as depicted on the map.
(2) FAIR MARKET VALUE.—The term ‘‘fair market value’’
means the value of an essential mineral right, as determined
by an appraisal performed by an independent, certified mineral
appraiser under the Uniform Standards of Professional
Appraisal Practice.
(3) MAP.—The term ‘‘map’’ means the map entitled ‘‘Rocky
Flats National Wildlife Refuge’’, dated July 25, 2005, and avail-
able for inspection in appropriate offices of the United States
Fish and Wildlife Service and the Department of Energy.
(4) NATURAL
RESOURCE
DAMAGE
LIABILITY
CLAIM.—The
term ‘‘natural resource damage liability claim’’ means a natural
resource damage liability claim under subsections (a)(4)(C) and
(f) of section 107 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9607) arising from hazardous substances releases at or from
Rocky Flats that, as of the date of enactment of this Act,
are identified in the administrative record for Rocky Flats
required by the National Oil and Hazardous Substances Pollu-
tion Contingency Plan prepared under section 105 of that Act
(42 U.S.C. 9605).
(5) ROCKY
FLATS.—The term ‘‘Rocky Flats’’ means the
Department of Energy facility in the State of Colorado known
as the ‘‘Rocky Flats Environmental Technology Site’’.
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Energy.
(7) TRUSTEES.—The term ‘‘Trustees’’ means the Federal
and State officials designated as trustees under section 107(f)(2)
of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9607(f)(2)).
(b) PURCHASE OF ESSENTIAL MINERAL RIGHTS.—
Colorado.
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PUBLIC LAW 109–163—JAN. 6, 2006
(1) IN GENERAL.—Not later than one year after the date
of enactment of this Act, such amounts authorized to be appro-
priated under subsection (c) shall be available to the Secretary
to purchase essential mineral rights at Rocky Flats.
(2) CONDITIONS.—The Secretary shall not purchase an
essential mineral right under paragraph (1) unless—
(A) the owner of the essential mineral right is a willing
seller; and
(B) the Secretary purchases the essential mineral right
for an amount that does not exceed fair market value.
(3) LIMITATION.—Only those funds authorized to be appro-
priated under subsection (c) shall be available for the Secretary
to purchase essential mineral rights under paragraph (1).
(4) RELEASE FROM LIABILITY.—A natural resource damage
liability claim under section 107 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9607) shall be considered to be satisfied by—
(A) the purchase by the Secretary of essential mineral
rights under paragraph (1) for consideration in an amount
equal to $10,000,000;
(B) the payment by the Secretary to the Trustees of
$10,000,000; or
(C) the purchase by the Secretary of any portion of
the mineral rights under paragraph (1) for—
(i) 
consideration 
in 
an 
amount 
less 
than
$10,000,000; and
(ii) a payment by the Secretary to the Trustees
of an amount equal to the difference between—
(I) $10,000,000; and
(II) the amount paid under clause (i).
(5) USE OF FUNDS.—
(A) IN GENERAL.—Any amounts received under para-
graph (4) shall be used by the Trustees for the purposes
described in section 107(f)(1) of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9607(f)(1)), including—
(i) the purchase of additional mineral rights at
Rocky Flats; and
(ii) the development of habitat restoration projects
at Rocky Flats.
(B) CONDITION.—Any expenditure of funds under this
paragraph shall be made jointly by the Trustees.
(C) ADDITIONAL
FUNDS.—The Trustees may use the
funds received under paragraph (4) in conjunction with
other private and public funds.
(6) EXEMPTION
FROM
NATIONAL
ENVIRONMENTAL
POLICY
ACT.—Any purchases of mineral rights under this subsection
shall be exempt from the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(7) ROCKY FLATS NATIONAL WILDLIFE REFUGE.—
(A) TRANSFER OF MANAGEMENT RESPONSIBILITIES.—The
Rocky Flats National Wildlife Refuge Act of 2001 (16 U.S.C.
668dd note; Public Law 107–107) is amended—
(i) in section 3175—
(I) by striking subsections (b) and (f); and
Deadline.
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PUBLIC LAW 109–163—JAN. 6, 2006
(II) by redesignating subsections (c), (d), and
(e) as subsections (b), (c), and (d), respectively;
and
(ii) in section 3176(a)(1), by striking ‘‘section
3175(d)’’ and inserting ‘‘section 3175(c)’’.
(B) BOUNDARIES.—Section 3177 of such Act is amended
by striking subsection (c) and inserting the following new
subsection:
‘‘(c) COMPOSITION.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the refuge shall consist of land within the boundaries of Rocky
Flats, as depicted on the map—
‘‘(A) entitled ‘Rocky Flats National Wildlife Refuge’;
‘‘(B) dated July 25, 2005; and
‘‘(C) available for inspection in the appropriate offices
of the United States Fish and Wildlife Service and the
Department of Energy.
‘‘(2) EXCLUSIONS.—The refuge does not include—
‘‘(A) any land retained by the Department of Energy
for response actions under section 3175(c);
‘‘(B) any land depicted on the map described in para-
graph (1) that is subject to one or more essential mineral
rights described in section 3112(a) of the National Defense
Authorization Act for Fiscal Year 2006 over which the
Secretary shall retain jurisdiction of the surface estate
until the essential mineral rights—
‘‘(i) are purchased under subsection (b) of such
section; or
‘‘(ii) are mined and reclaimed by the mineral rights
holders in accordance with requirements established
by the State of Colorado; and
‘‘(C) the land depicted on the map described in para-
graph (1) on which essential mineral rights are being
actively mined as of the date of enactment of the National
Defense Authorization Act for Fiscal Year 2006 until—
‘‘(i) the essential mineral rights are purchased;
or
‘‘(ii) the surface estate is reclaimed by the mineral
rights holder in accordance with requirements estab-
lished by the State of Colorado.
‘‘(3) ACQUISITION OF ADDITIONAL LAND.—Notwithstanding
paragraph (2), upon the purchase of the mineral rights or
reclamation of the land depicted on the map described in para-
graph (1), the Secretary shall—
‘‘(A) transfer the land to the Secretary of the Interior
for inclusion in the refuge; and
‘‘(B) the Secretary of the Interior shall—
‘‘(i) accept the transfer of the land; and
‘‘(ii) manage the land as part of the refuge.’’.
(c) FUNDING.—Of the amounts authorized to be appropriated
to the Secretary for the Rocky Flats Environmental Technology
Site for fiscal year 2006, $10,000,000 may be made available to
the Secretary for the purposes described in subsection (b).
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119 STAT. 3543
PUBLIC LAW 109–163—JAN. 6, 2006
SEC. 3113. REPORT ON COMPLIANCE WITH DESIGN BASIS THREAT
ISSUED BY DEPARTMENT OF ENERGY IN 2005.
(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Energy shall submit
to the congressional defense committees a report detailing plans
for achieving compliance under the Design Basis Threat issued
by the Department of Energy in November 2005 (in this section
referred to as the ‘‘2005 Design Basis Threat’’).
(b) CONTENT.—The report required under subsection (a) shall
include the following:
(1) A plan with associated annual funding requirements
to achieve compliance under the 2005 Design Basis Threat
by December 31, 2008, and sustain such compliance through
the Future Years Nuclear Security Plan, of all Department
of Energy and National Nuclear Security Administration sites
that contain nuclear weapons or special nuclear material.
(2) A risk and cost analysis of the increase in security
requirements from the Design Basis Threat issued by the
Department of Energy in May 2003 to the 2005 Design Basis
Threat.
(3) An evaluation of options for applying security tech-
nologies and innovative protective force deployment to increase
the efficiency and effectiveness of efforts to protect against
the threats postulated in the 2005 Design Basis Threat.
(c) FORM.—The report required under subsection (a) shall be
submitted in classified form with an unclassified summary.
(d) COMPTROLLER GENERAL REVIEW.—Not later than one year
after the date of the enactment of this Act, the Comptroller General
shall submit to the congressional defense committees a report con-
taining a review of the plan required by subsection (b)(1). In con-
ducting the review, the Comptroller General shall employ probalistic
risk assessment methodology to access the merits of incremental
risk mitigation steps proposed by the Department of Energy.
SEC. 3114. REPORTS ASSOCIATED WITH WASTE TREATMENT AND
IMMOBILIZATION 
PLANT 
PROJECT, 
HANFORD 
SITE,
RICHLAND, WASHINGTON.
(a) SUBMISSION
OF ARMY CORPS
OF ENGINEERS REPORTS.—
Not later than 10 days after the date on which the Secretary
of Energy receives any report from the Army Corps of Engineers
documenting any evaluation or validation of costs, schedule, and
technical issues associated with the Waste Treatment and Immo-
bilization Plant Project at the Department of Energy Hanford Site,
the Secretary shall submit a copy of the report to the congressional
defense committees.
(b) INCLUSION
OF SPECIFIC REPORTS.—The requirement to
submit reports under this section includes the anticipated reports
from the Army Corps of Engineers—
(1) documenting the cost validation of the estimated cost
to complete the project based on both constrained and uncon-
strained funding scenarios; and
(2) evaluating the baseline ground motion criteria.
SEC. 3115. REPORT ON ASSISTANCE FOR A COMPREHENSIVE INVEN-
TORY OF RUSSIAN NONSTRATEGIC NUCLEAR WEAPONS.
(a) FINDINGS.—Congress finds that—
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119 STAT. 3544
PUBLIC LAW 109–163—JAN. 6, 2006
(1) there is an insufficient accounting for, and insufficient
security of, the nonstrategic nuclear weapons of the Russian
Federation; and
(2) because of the dangers posed by that insufficient
accounting and security, it is in the national security interest
of the United States to assist the Russian Federation in the
conduct of a comprehensive inventory of its nonstrategic nuclear
weapons.
(b) REPORT.—
(1) REPORT REQUIRED.—Not later than April 15, 2006, the
Secretary of Energy shall submit to Congress a report
containing—
(A) the Secretary’s evaluation of past and current
efforts by the United States to encourage or facilitate a
proper accounting for and securing of the nonstrategic
nuclear weapons of the Russian Federation; and
(B) the Secretary’s recommendations regarding the
actions by the United States that are most likely to lead
to progress in improving the accounting for, and securing
of, those weapons.
(2) CONSULTATION
WITH
SECRETARY
OF
DEFENSE.—The
report under paragraph (1) shall be prepared in consultation
with the Secretary of Defense.
(3) CLASSIFICATION OF REPORT.—The report under para-
graph (1) shall be in unclassified form, but may be accompanied
by a classified annex.
SEC. 3116. REPORT ON INTERNATIONAL BORDER SECURITY PRO-
GRAMS.
(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Energy shall submit
to the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives a report
on the management by the Secretaries referred to in subsection
(c) of border security programs in the countries of the former
Soviet Union and other countries.
(b) CONTENT.—The report required under subsection (a) shall
include—
(1) a description of the roles and responsibilities of each
department and agency of the United States Government in
international border security programs;
(2) a description of the interactions and coordination among
departments and agencies of the United States Government
that are conducting international border security programs;
(3) a description of the mechanisms and processes that
exist to ensure coordination, avoid duplication, and provide
a means to resolve conflicts or problems that might arise in
the implementation of international border security programs;
(4) a discussion of whether there is existing interagency
guidance that addresses the roles, interactions, and dispute
resolution mechanisms for departments and agencies of the
United States Government that are conducting international
border security programs, and the adequacy of such guidance
if it exists; and
(5) recommendations to improve the coordination and
effectiveness of international border security programs.
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119 STAT. 3545
PUBLIC LAW 109–163—JAN. 6, 2006
(c) CONSULTATION.—The Secretary of Energy shall prepare the
report required by subsection (a) in consultation with the Secretary
of Defense, the Secretary of State, and, as appropriate, the Secretary
of Homeland Security.
SEC. 3117. SAVANNAH RIVER NATIONAL LABORATORY.
The Savannah River National Laboratory shall be a partici-
pating laboratory in the Department of Energy laboratory directed
research and development program.
TITLE XXXII—DEFENSE NUCLEAR
FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2006,
$22,032,000 for the operation of the Defense Nuclear Facilities
Safety Board under chapter 21 of the Atomic Energy Act of 1954
(42 U.S.C. 2286 et seq.).
TITLE XXXIII—NATIONAL DEFENSE
STOCKPILE
Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Revisions to required receipt objectives for previously authorized dis-
posals from National Defense Stockpile.
Sec. 3303. Authorization for disposal of tungsten ores and concentrates.
Sec. 3304. Disposal of ferromanganese.
SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE
FUNDS.
(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 2006,
the National Defense Stockpile Manager may obligate up to
$52,132,000 of the funds in the National Defense Stockpile Trans-
action Fund established under subsection (a) of section 9 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h)
for the authorized uses of such funds under subsection (b)(2) of
such section, including the disposal of hazardous materials that
are environmentally sensitive.
(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile
Manager may obligate amounts in excess of the amount specified
in subsection (a) if the National Defense Stockpile Manager notifies
Congress that extraordinary or emergency conditions necessitate
the additional obligations. The National Defense Stockpile Manager
may make the additional obligations described in the notification
after the end of the 45-day period beginning on the date on which
Congress receives the notification.
(c) LIMITATIONS.—The authorities provided by this section shall
be subject to such limitations as may be provided in appropriations
Acts.
SEC. 3302. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR PRE-
VIOUSLY AUTHORIZED DISPOSALS FROM NATIONAL
DEFENSE STOCKPILE.
(a) DISPOSAL
AUTHORITY.—Section 3303(a) of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999
Effective date.
Notification.
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119 STAT. 3546
PUBLIC LAW 109–163—JAN. 6, 2006
(Public Law 105–261; 50 U.S.C. 98d note), as amended by section
3302 of the Ronald W. Reagan National Defense Authorization
Act for Year 2005 (Public Law 108–375; 118 Stat. 2193), is
amended—
(1) by striking ‘‘and’’ at the end of paragraph (4); and
(2) by striking paragraph (5) and inserting the following
new paragraphs:
‘‘(5) $900,000,000 by the end of fiscal year 2010; and
‘‘(6) $1,000,000,000 by the end of fiscal year 2013.’’.
(b) ADDITIONAL DISPOSAL AUTHORITY.—Section 3402(b) of the
National Defense Authorization Act for Fiscal Year 2000 (Public
Law 106–65; 50 U.S.C. 98d note), as amended by section 3302
of the National Defense Authorization Act for Fiscal Year 2004
(Public Law 108–136; 117 Stat. 1788), is amended—
(1) by striking ‘‘and’’ at the end of paragraph (3); and
(2) by striking paragraph (4) and inserting the following
new paragraphs:
‘‘(4) $500,000,000 before the end of fiscal year 2010; and
‘‘(5) $600,000,000 before the end of fiscal year 2013.’’.
SEC. 3303. AUTHORIZATION FOR DISPOSAL OF TUNGSTEN ORES AND
CONCENTRATES.
(a) DISPOSAL AUTHORIZED.—The President may dispose of up
to 8,000,000 pounds of contained tungsten in the form of tungsten
ores and concentrates from the National Defense Stockpile in fiscal
year 2006.
(b) CERTAIN SALES AUTHORIZED.—The tungsten ores and con-
centrates disposed under subsection (a) may be sold to entities
with ore conversion or tungsten carbide manufacturing or processing
capabilities in the United States.
SEC. 3304. DISPOSAL OF FERROMANGANESE.
(a) DISPOSAL AUTHORIZED.—The Secretary of Defense may dis-
pose of up to 75,000 tons of ferromanganese from the National
Defense Stockpile during fiscal year 2006.
(b) CONTINGENT AUTHORITY FOR ADDITIONAL DISPOSAL.—If the
Secretary of Defense completes the disposal of the total quantity
of ferromanganese authorized for disposal by subsection (a) before
September 30, 2006, the Secretary of Defense may dispose of up
to an additional 25,000 tons of ferromanganese from the National
Defense Stockpile before that date.
(c) CERTIFICATION.—The Secretary of Defense may dispose of
ferromanganese under the authority of subsection (b) only if the
Secretary submits written certification to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives, not later than 30 days before the
commencement of disposal, that—
(1) the disposal of the additional ferromanganese from the
National Defense Stockpile is in the interest of national defense;
(2) the disposal of the additional ferromanganese will not
cause undue disruption to the usual markets of producers and
processors of ferromanganese in the United States; and
(3) the disposal of the additional ferromanganese is con-
sistent with the requirements and purpose of the National
Defense Stockpile.
(d) DELEGATION OF RESPONSIBILITY.—The Secretary of Defense
may delegate the responsibility of the Secretary under subsection
(c) to an appropriate official within the Department of Defense.
Deadline.
50 USC 98d note.
50 USC 98d note.
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119 STAT. 3547
PUBLIC LAW 109–163—JAN. 6, 2006
(e) NATIONAL DEFENSE STOCKPILE DEFINED.—In this section,
the term ‘‘National Defense Stockpile’’ means the stockpile provided
for in section 4 of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98c).
TITLE XXXIV—NAVAL PETROLEUM
RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) AMOUNT.—There are hereby authorized to be appropriated
to the Secretary of Energy $18,500,000 for fiscal year 2006 for
the purpose of carrying out activities under chapter 641 of title
10, United States Code, relating to the naval petroleum reserves.
(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall remain
available until expended.
TITLE XXXV—MARITIME
ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2006.
Sec. 3502. Payments for State and regional maritime academies.
Sec. 3503. Maintenance and repair reimbursement pilot program.
Sec. 3504. Tank vessel construction assistance.
Sec. 3505. Improvements to the Maritime Administration vessel disposal program.
Sec. 3506. Assistance for small shipyards and maritime communities.
Sec. 3507. Transfer of authority for title XI non-fishing loan guarantee decisions to
Maritime Administration.
Sec. 3508. Technical corrections.
Sec. 3509. United States Maritime Service.
Sec. 3510. Awards and medals.
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2006.
Funds are hereby authorized to be appropriated for fiscal year
2006, to be available without fiscal year limitation if so provided
in appropriations Acts, for the use of the Department of Transpor-
tation for the Maritime Administration as follows:
(1) For expenses necessary for operations and training
activities, $122,249,000.
(2) For administrative expenses related to loan guarantee
commitments under the program authorized by title XI of the
Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.),
$4,126,000.
(3) For expenses to dispose of obsolete vessels in the
National Defense Reserve Fleet, including provision of assist-
ance under section 7 of Public Law 92–402, $21,000,000.
SEC. 3502. PAYMENTS FOR STATE AND REGIONAL MARITIME ACAD-
EMIES.
(a) ANNUAL PAYMENT.—Section 1304(d)(1)(C)(ii) of the Mer-
chant Marine Act, 1936 (46 App. U.S.C. 1295c(d)(1)(C)(ii)) is
amended by striking ‘‘$200,000’’ and inserting ‘‘$300,000 for fiscal
year 2006, $400,000 for fiscal year 2007, and $500,000 for fiscal
year 2008 and each fiscal year thereafter’’.
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119 STAT. 3548
PUBLIC LAW 109–163—JAN. 6, 2006
(b) SCHOOL SHIP FUEL PAYMENT.—Section 1304(c)(2) of the
Merchant Marine Act, 1936 (46 App. U.S.C. 1295c(c)(2)) is
amended—
(1) by striking ‘‘The Secretary may pay to any State mari-
time academy’’ and inserting ‘‘(A) The Secretary shall, subject
to the availability of appropriations, pay to each State maritime
academy’’; and
(2) by adding at the end the following:
‘‘(B) The amount of the payment to a State maritime academy
under this paragraph shall not exceed—
‘‘(i) $100,000 for fiscal year 2006;
‘‘(ii) $200,000 for fiscal year 2007; and
‘‘(iii) $300,000 for fiscal year 2008 and each fiscal year
thereafter.’’.
SEC. 3503. MAINTENANCE AND REPAIR REIMBURSEMENT PILOT PRO-
GRAM.
Section 3517 of the Maritime Security Act of 2003 (46 U.S.C.
53101 note) is amended to read as follows:
‘‘SEC. 3517. MAINTENANCE AND REPAIR REIMBURSEMENT PILOT PRO-
GRAM.
‘‘(a) AUTHORITY TO ENTER AGREEMENTS.—
‘‘(1) IN GENERAL.—The Secretary of Transportation shall
carry out a pilot program under which the Secretary shall
enter into an agreement with 1 or more contractors under
chapter 531 of title 46, United States Code, regarding mainte-
nance and repair of 1 or more vessels that are subject to
an operating agreement under that chapter.
‘‘(2) REQUIREMENT OF AGREEMENT.—The Secretary shall,
subject to the availability of appropriations, require 1 or more
persons to enter into an agreement under this section as a
condition of awarding an operating agreement to the person
under chapter 531 of title 46, United States Code, for 1 or
more vessels that normally make port calls in the United States.
‘‘(b) TERMS OF AGREEMENT.—An agreement under this section—
‘‘(1) shall require that except as provided in subsection
(c), all qualified maintenance or repair on the vessel shall
be performed in the United States;
‘‘(2) shall require that the Secretary shall reimburse the
contractor in accordance with subsection (d) for the costs of
qualified maintenance or repair performed in the United States;
and
‘‘(3) shall apply to qualified maintenance or repair per-
formed during the 5-year period beginning on the date the
vessel begins operating under the operating agreement under
chapter 531 of title 46, United States Code.
‘‘(c) EXCEPTION TO REQUIREMENT TO PERFORM WORK IN THE
UNITED STATES.—A contractor shall not be required to have quali-
fied maintenance or repair work performed in the United States
under this section if—
‘‘(1) the Secretary determines that there is no facility
capable of meeting all technical requirements of the qualified
maintenance or repair in the United States located in the
geographic area in which the vessel normally operates available
to perform the work in the time required by the contractor
to maintain its regularly scheduled service;
Applicability.
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119 STAT. 3549
PUBLIC LAW 109–163—JAN. 6, 2006
‘‘(2) the Secretary determines that there are insufficient
funds to pay reimbursement under subsection (d) with respect
to the work; or
‘‘(3) the Secretary fails to make the certification described
in subsection (e)(2).
‘‘(d) REIMBURSEMENT.—
‘‘(1) IN GENERAL.—The Secretary shall, subject to the avail-
ability of appropriations, reimburse a contractor for costs
incurred by the contractor for qualified maintenance or repair
performed in the United States under this section.
‘‘(2) AMOUNT.—The amount of reimbursement shall be
equal to the difference between—
‘‘(A) the fair and reasonable cost of obtaining the quali-
fied maintenance or repair in the United States; and
‘‘(B) the fair and reasonable cost of obtaining the quali-
fied maintenance or repair outside the United States, in
the country in which the contractor would otherwise under-
take the qualified maintenance or repair.
‘‘(3) DETERMINATION
OF
FAIR
AND
REASONABLE
COSTS.—
The Secretary shall determine fair and reasonable costs for
purposes of paragraph (2).
‘‘(e) NOTIFICATION REQUIREMENTS.—
‘‘(1) NOTIFICATION BY CONTRACTOR.—The Secretary is not
required to pay reimbursement to a contractor under this sec-
tion for qualified maintenance or repair, unless the contractor—
‘‘(A) notifies the Secretary of the intent of the con-
tractor to obtain the qualified maintenance or repair, by
not later than 90 days before the date of the performance
of the qualified maintenance or repair; and
‘‘(B) includes in such notification—
‘‘(i) a description of all qualified maintenance or
repair that the contractor should reasonably expect
may be performed;
‘‘(ii) a description of the vessel’s normal route and
port calls in the United States;
‘‘(iii) an estimate of the cost of obtaining the quali-
fied maintenance or repair described under clause (i)
in the United States; and
‘‘(iv) an estimate of the cost of obtaining the quali-
fied maintenance or repair described under clause (i)
outside the United States, in the country in which
the contractor otherwise would undertake the qualified
maintenance or repair.
‘‘(2) CERTIFICATION BY SECRETARY.—
‘‘(A) Not later than 30 days after the date of receipt
of notification under paragraph (1), the Secretary shall
certify to the contractor—
‘‘(i) whether the cost estimates provided by the
contractor are fair and reasonable;
‘‘(ii) if the Secretary determines that such cost
estimates are not fair and reasonable, the Secretary’s
estimate of fair and reasonable costs for such work;
‘‘(iii) whether there are available to the Secretary
sufficient funds to pay reimbursement under sub-
section (d) with respect to such work; and
Deadline.
Deadline.
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‘‘(iv) that the Secretary commits such funds to
the contractor for such reimbursement, if such funds
are available for that purpose.
‘‘(B) If the contractor notification described in para-
graph (1) does not include an estimate of the cost of
obtaining qualified maintenance and repair in the United
States, then not later than 30 days after the date of receipt
of such notification, the Secretary shall—
‘‘(i) certify to the contractor whether there is a
facility capable of meeting all technical requirements
of the qualified maintenance and repair in the United
States located in the geographic area in which the
vessel normally operates available to perform the quali-
fied maintenance and repair described in the notifica-
tion by the contractor under paragraph (1) in the time
period required by the contractor to maintain its regu-
larly scheduled service; and
‘‘(ii) if there is such a facility, require the contractor
to resubmit such notification with the required cost
estimate for such facility.
‘‘(f) REGULATIONS.—
‘‘(1) REQUIREMENT
TO
ISSUE
NOTICE
OF
PROPOSED
RULE
MAKING.—The Secretary shall—
‘‘(A) by not later than 30 days after the effective date
of this subsection, issue a notice of proposed rule making
to implement this section;
‘‘(B) in such notice, solicit the submission of comments
by the public regarding rules to implement this section;
and
‘‘(C) provide a period of at least 30 days for the submis-
sion of such comments.
‘‘(2) INTERIM
RULES.—Upon expiration of the period for
submission of comments pursuant to paragraph (1)(C), the Sec-
retary may prescribe interim rules necessary to carry out the
Secretary’s responsibilities under this section. For this purpose,
the Secretary is excepted from compliance with the notice and
comment requirements of section 553 of title 5, United States
Code. At the time interim rules are issued, the Secretary shall
solicit comments on the interim rules from the public and
other interested persons. Such period for comment shall not
be less than 90 days. All interim rules prescribed under the
authority of this subsection that are not earlier superseded
by final rules shall expire no later than 270 days after the
effective date of this subsection.
‘‘(g) QUALIFIED MAINTENANCE
OR REPAIR DEFINED.—In this
section the term ‘qualified maintenance or repair’—
‘‘(1) except as provided in paragraph (2), means—
‘‘(A) any inspection of a vessel that is—
‘‘(i) required under chapter 33 of title 46, United
States Code; and
‘‘(ii) performed in the period in which the vessel
is subject to an agreement under this section;
‘‘(B) any maintenance or repair of a vessel that is
determined, in the course of an inspection referred to in
subparagraph (A), to be necessary; and
Expiration date.
Deadline.
Public comments.
Public comments.
Deadlines.
Deadline.
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PUBLIC LAW 109–163—JAN. 6, 2006
‘‘(C) any additional maintenance or repair the con-
tractor intends to undertake at the same time as the work
described in subparagraph (B); and
‘‘(2) does not include—
‘‘(A) maintenance or repair not agreed to by the con-
tractor to be undertaken at the same time as the work
described in paragraph (1); or
‘‘(B) any emergency work that is necessary to enable
a vessel to return to a port in the United States.
‘‘(h) ANNUAL REPORT.—The Secretary shall submit to the Con-
gress by not later than September 30 each year a report on the
program under this section. The report shall include a listing of
future inspection schedules for all vessels included in the Maritime
Security Fleet under section 53102 of title 46, United States Code.
‘‘(i) AUTHORIZATION
OF APPROPRIATIONS.—In addition to the
other amounts authorized by this title, for reimbursement of costs
of qualified maintenance or repair under this section there is
authorized to be appropriated to the Secretary of Transportation
$19,500,000 for each of fiscal years 2006 through 2011.’’.
SEC. 3504. TANK VESSEL CONSTRUCTION ASSISTANCE.
(a) REQUIREMENT TO ENTER CONTRACTS.—Section 3543(a) of
the National Defense Authorization Act for Fiscal Year 2004 (46
U.S.C. 53101 note) is amended by striking ‘‘may’’ and inserting
‘‘shall, to the extent of the availability of appropriations,’’.
(b) AMOUNT OF ASSISTANCE.—Section 3543(b) of the National
Defense Authorization Act for Fiscal Year 2004 (46 U.S.C. 53101
note) is amended by striking ‘‘up to 75 percent of’’.
SEC. 3505. IMPROVEMENTS TO THE MARITIME ADMINISTRATION
VESSEL DISPOSAL PROGRAM.
(a) REPEAL
OF LIMITATION
ON SCRAPPING; COMPREHENSIVE
MANAGEMENT PLAN.—Section 3502 of the Floyd D. Spence National
Defense Authorization Act of Fiscal Year 2001 (enacted into law
by section 1 of Public Law 106–398; 16 U.S.C. 5405 note; 114
Stat. 1654A–490) is amended by striking subsections (c), (d), (e),
and (f), and inserting the following:
‘‘(c) COMPREHENSIVE MANAGEMENT PLAN.—
‘‘(1) REQUIREMENT
TO
DEVELOP
PLAN.—The Secretary of
Transportation shall prepare, publish, and submit to the Con-
gress by not later than 180 days after the date of the enactment
of this Act a comprehensive plan for management of the vessel
disposal program of the Maritime Administration in accordance
with the recommendations made in the Government Account-
ability Office in report number GAO–05–264, dated March
2005.
‘‘(2) CONTENTS OF PLAN.—The plan shall—
‘‘(A) include a strategy and implementation plan for
disposal of obsolete National Defense Reserve Fleet vessels
(including vessels added to the fleet after the enactment
of this paragraph) in a timely manner, maximizing the
use of all available disposal methods, including disman-
tling, use for artificial reefs, donation, and Navy training
exercises;
‘‘(B) identify and describe the funding and other
resources necessary to implement the plan, and specific
milestones for disposal of vessels under the plan;
Publication.
Deadline.
Records.
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PUBLIC LAW 109–163—JAN. 6, 2006
‘‘(C) establish performance measures to track progress
toward achieving the goals of the program, including the
expeditious disposal of ships commencing upon the date
of the enactment of this paragraph;
‘‘(D) develop a formal decisionmaking framework for
the program; and
‘‘(E) identify external factors that could impede success-
ful implementation of the plan, and describe steps to be
taken to mitigate the effects of such factors.
‘‘(d) IMPLEMENTATION OF MANAGEMENT PLAN.—
‘‘(1) REQUIREMENT TO IMPLEMENT.—Subject to the avail-
ability of appropriations, the Secretary shall implement the
vessel disposal program of the Maritime Administration in
accordance with—
‘‘(A) the management plan submitted under subsection
(c); and
‘‘(B) the requirements set forth in paragraph (2).
‘‘(2) UTILIZATION OF DOMESTIC SOURCES.—In the procure-
ment of services under the vessel disposal program of the
Maritime Administration, the Secretary shall—
‘‘(A) use full and open competition; and
‘‘(B) utilize domestic sources to the maximum extent
practicable.
‘‘(e) FAILURE TO SUBMIT PLAN.—
‘‘(1) PRIVATE
MANAGEMENT
CONTRACT
FOR
DISPOSAL
OF
MARITIME
ADMINISTRATION
VESSELS.—The 
Secretary 
of
Transportation, subject to the availability of appropriations,
shall promptly award a contract using full and open competition
to expeditiously implement all aspects of disposal of obsolete
National Defense Reserve Fleet vessels.
‘‘(2) APPLICATION.—This subsection shall apply beginning
180 days after the date of the enactment of this subsection,
unless the Secretary of Transportation has submitted to the
Congress the comprehensive plan required under subsection
(c).
‘‘(f) REPORT.—No later than 1 year after the date of the enact-
ment of this subsection, and every 6 months thereafter, the Sec-
retary of Transportation, in coordination with the Secretary of
the Navy, shall report to the Committee on Transportation and
Infrastructure, the Committee on Resources, and the Committee
on Armed Services of the House of Representatives, and to the
Committee on Commerce, Science, and Transportation and the Com-
mittee on Armed Services of the Senate, on the progress made
in implementing the vessel disposal plan developed under sub-
section (c). In particular, the report shall address the performance
measures required to be established under subsection (c)(2)(C).’’.
(b) TEMPORARY AUTHORITY TO TRANSFER OBSOLETE COMBATANT
VESSELS TO NAVY FOR DISPOSAL.—The Secretary of Transportation
shall, subject to the availability of appropriations and consistent
with section 1535 of title 31, United States Code, popularly known
as the Economy Act, transfer to the Secretary of the Navy during
fiscal year 2006 for disposal by the Navy, no fewer than 4 combatant
vessels in the nonretention fleet of the Maritime Administration
that are acceptable to the Secretary of the Navy.
(c) TRANSFER OF TITLE OF OBSOLETE VESSELS TO BE DISPOSED
OF AS ARTIFICIAL REEFS.—Paragraph (4) of section 4 of the Act
entitled ‘‘An Act to authorize appropriations for the fiscal year
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PUBLIC LAW 109–163—JAN. 6, 2006
1973 for certain maritime programs of the Department of Com-
merce, and for related purposes’’ (Public Law 92–402; 16 U.S.C.
1220a) is amended to read as follows:
‘‘(4) the transfer would be at no cost to the Government
(except for any financial assistance provided under section
1220(c)(1) of this title) with the State taking delivery of such
obsolete ships and titles in an ‘as-is—where-is’ condition at
such place and time designated as may be determined by the
Secretary of Transportation.’’.
SEC. 3506. ASSISTANCE FOR SMALL SHIPYARDS AND MARITIME
COMMUNITIES.
(a) ESTABLISHMENT OF PROGRAM.—Subject to the availability
of appropriations, the Administrator of the Maritime Administration
shall establish a program to provide assistance to State and local
governments—
(1) to provide assistance in the form of grants, loans, and
loan guarantees to small shipyards for capital improvements;
and
(2) for maritime training programs in communities whose
economies are substantially related to the maritime industry.
(b) AWARDS.—In providing assistance under the program, the
Administrator shall—
(1) take into account—
(A) the economic circumstances and conditions of mari-
time communities; and
(B) the local, State, and regional economy in which
the communities are located; and
(2) strongly encourage State, local, and regional efforts
to promote economic development and training that will
enhance the economic viability of and quality of life in maritime
communities.
(c) USE
OF FUNDS.—Assistance provided under this section
may be used—
(1) to make capital and related improvements in small
shipyards located in or near maritime communities;
(2) to encourage, assist in, or provide training for residents
of maritime communities that will enhance the economic
viability of those communities; and
(3) for such other purposes as the Administrator determines
to be consistent with and supplemental to such activities.
(d) PROHIBITED USES.—Grants awarded under this section may
not be used to construct buildings or other physical facilities or
to acquire land unless such use is specifically approved by the
Administrator in support of subsection (c)(3).
(e) MATCHING REQUIREMENTS.—
(1) FEDERAL FUNDING.—Except as provided in paragraph
(2), Federal funds for any eligible project under this section
shall not exceed 75 percent of the total cost of such project.
(2) EXCEPTIONS.—
(A) SMALL PROJECTS.—Paragraph (1) shall not apply
to grants under this section for stand alone projects costing
not more than $25,000. The amount under this subpara-
graph shall be indexed to the consumer price index and
modified each fiscal year after the annual publication of
the consumer price index.
Grants.
Loans.
46 USC
app. 1249.
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(B) REDUCTION
IN
MATCHING
REQUIREMENT.—If the
Administrator determines that a proposed project merits
support and cannot be undertaken without a higher
percentage of Federal financial assistance, the Adminis-
trator may award a grant for such project with a lesser
matching requirement than is described in paragraph (1).
(f) APPLICATION.—
(1) IN GENERAL.—The Administrator shall determine who,
as an eligible applicant, may submit an application, at such
time, in such form, and containing such information and assur-
ances as the Administrator may require.
(2) MINIMUM
STANDARDS
FOR
PAYMENT
OR
REIMBURSE-
MENT.—Each application submitted under paragraph (1) shall
include—
(A) a comprehensive description of—
(i) the need for the project;
(ii) the methodology for implementing the project;
and
(iii) any existing programs or arrangements that
can be used to supplement or leverage assistance under
the program.
(3) PROCEDURAL SAFEGUARDS.—The Administrator, in con-
sultation with the Office of the Inspector General, shall issue
guidelines to establish appropriate accounting, reporting, and
review procedures to ensure that—
(A) grant funds are used for the purposes for which
they were made available;
(B) grantees have properly accounted for all expendi-
tures of grant funds; and
(C) grant funds not used for such purposes and
amounts not obligated or expended are returned.
(4) PROJECT APPROVAL REQUIRED.—The Administrator may
not award a grant under this section unless the Administrator
determines that—
(A) sufficient funding is available to meet the matching
requirements of subsection (e);
(B) the project will be completed without unreasonable
delay; and
(C) the recipient has authority to carry out the pro-
posed project.
(g) AUDITS AND EXAMINATIONS.—All grantees under this section
shall maintain such records as the Administrator may require and
make such records available for review and audit by the Adminis-
trator.
(h) SMALL SHIPYARD DEFINED.—In this section, the term ‘‘small
shipyard’’ means a shipyard that—
(1) is a small business concern (within the meaning of
section 3 of the Small Business Act (15 U.S.C. 632); and
(2) does not have more than 600 employees.
(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Administrator of the Maritime Administra-
tion for each of fiscal years 2006 through 2010 to carry out this
section—
(1) $5,000,000 for training grants; and
(2) $25,000,000 for capital and related improvement grants.
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119 STAT. 3555
PUBLIC LAW 109–163—JAN. 6, 2006
SEC. 3507. TRANSFER OF AUTHORITY FOR TITLE XI NON-FISHING LOAN
GUARANTEE DECISIONS TO MARITIME ADMINISTRATION.
(a) IN GENERAL.—Title XI of the Merchant Marine Act, 1936
(46 U.S.C. App. 1271 et seq.), as amended by subsection (d) of
this section, is amended—
(1) by striking ‘‘Secretary’’ each place it appears and
inserting ‘‘Secretary or Administrator’’ in—
(A) section 1101(c), (f), and (g);
(B) section 1102;
(C) section 1103(a), (b), (c), (e), (g), and (h);
(D) section 1104A, except in—
(i) subsection (b)(7) and the undesignated para-
graph that follows;
(ii) paragraphs (1), (2), (3)(B), and (4) of subsection
(d);
(iii) subsection (e)(2)(F) the second place it appears;
(iv) subsection (j); and
(v) subsection (n)(1) the first place it appears;
(E) section 1104B;
(F) section 1105(a), (b), (c), and (e);
(G) section 1105(d) the first, second, third, fifth, and
last places it appears; and
(H) sections 1108, 1109 (except the second place it
appears in subsection (c)), and 1113 (as redesignated by
subsection (d) of this section);
(2) by striking ‘‘Secretary’’ and inserting ‘‘Administrator’’
in—
(A) section 1103(i);
(B) section 1103(j) the first place it appears;
(C) section 1104A(b)(7) each place it appears but not
in the undesignated paragraph that follows subsection
(b)(7);
(D) section 1104A(d)(1)(A) each place it appears except
the first;
(E) section 1104A(d)(3) each place it appears except
in subparagraph (B);
(F) section 1104A(j)(1) the first, fifth, and seventh
places it appears;
(G) section 1104A(n) each place it appears except the
first;
(H) section 1110 each place it appears except the first
and fourth places it appears in subsection (b);
(I) section 1111(a) and (b)(2) each place it appears;
(J) section 1111(b)(4) each place it appears except the
first; and
(K) section 1112 each place it appears; and
(3) by striking ‘‘Secretary’s’’ in sections 1108(g)(1) and
1109(d)(3) and inserting ‘‘Secretary’s or Administrator’s’’.
(b) ADDITIONAL AND CONFORMING TITLE XI CHANGES.—
(1) Section 1101 of the Merchant Marine Act, 1936 (46
U.S.C. App. 1271) is amended—
(A) by striking ‘‘title,’’ and all that follows in subsection
(n) and inserting ‘‘title.’’; and
(B) by adding at the end the following:
‘‘(p) The term ‘Administrator’ means the Administrator of
the Maritime Administration.’’.
46 USC
app. 1279e.
46 USC
app. 1279d.
46 USC
app. 1279c.
46 USC
app. 1279a,
1279b, 1279f.
46 USC
app. 1275.
46 USC
app. 1274a.
46 USC
app. 1274.
46 USC
app. 1273.
46 USC
app. 1272.
46 USC
app. 1271.
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(2) Section 1103(j) of such Act (46 U.S.C. App. 1273(j))
is amended by adding at the end the following:
‘‘The Secretary of Defense shall determine whether a vessel satisfies
paragraphs (1) and (2) by not later than 30 days after receipt
of a request from the Administrator for such a determination.’’.
(3) Section 1104A(d) of such Act (46 U.S.C. App. 1274(d))
is amended—
(A) by striking ‘‘Secretary of Transportation’’ in para-
graphs (1)(A) and (3)(B) and inserting ‘‘Administrator’’;
(B) by striking ‘‘the waiver’’ in paragraph (4)(B) and
inserting ‘‘if deemed necessary by the Secretary or Adminis-
trator, the waiver’’;
(C) by striking ‘‘the increased’’ in paragraph (4)(B)
and inserting ‘‘any significant increase in’’.
(4) Section 1104A(f) of such Act (46 U.S.C. App. 1273(f))
is amended—
(A) by striking ‘‘financial structures, or other risk fac-
tors identified by the Secretary or Administrator.’’ in para-
graph (2), as amended by subsection (a) of this section,
and inserting ‘‘or financial structures.’’;
(B) by striking ‘‘financial structures, or other risk fac-
tors identified by the Secretary or Administrator.’’ in para-
graph (3), as amended by subsection (a) of this section,
and inserting ‘‘or financial structures.’’; and
(C) by adding at the end the following:
‘‘(5) A third party independent analysis conducted under para-
graph (2) shall be performed by a private sector expert in assessing
such risk factors who is selected by the Administrator.’’.
(5) Section 1104A(j)(2) of such Act (46 U.S.C. App.
1273(j)(2)) is amended by striking ‘‘The Secretary of Transpor-
tation’’ and inserting ‘‘The Administrator’’.
(6) Section 1104A(m) of such Act (46 U.S.C. App. 1273(m))
is amended by striking the last sentence and inserting ‘‘If
the Secretary or Administrator has waived a requirement under
section 1104A(d), the loan agreement shall include require-
ments for additional payments, collateral, or equity contribu-
tions to meet such waived requirement upon the occurrence
of verifiable conditions indicating that the obligor’s financial
condition enables the obligor to meet the waived requirement.’’.
(7) Section 1104A(n)(1) of such Act (46 U.S.C. App.
1273(n)(1)) is amended by striking ‘‘The Secretary of Transpor-
tation’’ and inserting ‘‘The Administrator’’.
(8) Section 1111 of such Act (46 U.S.C. 1279(f)) is amended
by striking ‘‘Secretary of Transportation’’ each place it appears
and inserting ‘‘Administrator’’.
(c) CONFORMING CHANGES IN OTHER STATUTES.—
(1) Section 401(a) of the Ocean Shipping Reform Act of
1998 (46 U.S.C. App. 1273a(a)) is amended by striking ‘‘Sec-
retary of Transportation’’ and inserting ‘‘Administrator of the
Maritime Administration’’.
(2) Section 101 of Public Law 85–469 (46 U.S.C. 1280)
is amended by inserting ‘‘or the Administrator of the Maritime
Administration’’ after ‘‘Secretary’’.
(3) Section 3527 of the Maritime Security Act of 2003
(46 U.S.C. App. 1280b) is amended by striking ‘‘Secretary of
Transportation’’ and inserting ‘‘Administrator of the Maritime
Administration’’.
46 USC
app. 1280.
46 USC
app. 1279d.
46 USC
app. 1274.
46 USC
app. 1274.
46 USC
app. 1274.
46 USC
app. 1274.
Deadline.
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119 STAT. 3557
PUBLIC LAW 109–163—JAN. 6, 2006
LEGISLATIVE HISTORY—H.R. 1815 (S. 1042) (S. 1043):
HOUSE REPORTS: Nos. 109–89 (Comm. on Armed Services) and 109–360
(Comm. of Conference).
SENATE REPORTS: No. 109–69 accompanying S. 1042 (Comm. on Armed Services).
CONGRESSIONAL RECORD, Vol. 151 (2005):
May 25, considered and passed House.
Nov. 15, considered and passed Senate, amended, in lieu of S. 1042.
Dec. 18, House agreed to conference report.
Dec. 19, 21, Senate considered and agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
Jan. 6, Presidential statement.
(4) Section 3528 of the Maritime Security Act of 2003
(46 U.S.C. App. 1271 note) is repealed.
(d) TECHNICAL CORRECTION OF SECTION NUMBERING.—Title XI
of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.)
is amended by redesignating the second sections 1111 and 1112,
as added by section 303 of the Sustainable Fisheries Act (Public
Law 104–297; 110 Stat. 3616), as sections 1113 and 1114, respec-
tively.
SEC. 3508. TECHNICAL CORRECTIONS.
(a) INTERMODAL CENTERS.—Section 9008(b)(1) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users is amended by striking ‘‘section 5309(m)(1)(C)’’ and
inserting ‘‘paragraphs (1)(C) and (2)(C) of section 5309(m)’’.
(b) INTERMODAL SURFACE FREIGHT TRANSFER FACILITY ELIGI-
BILITY.—Section 9008(b)(2) of that Act is amended by striking ‘‘sec-
tion 181(9)(D)’’ and inserting ‘‘181(8)(D)’’.
SEC. 3509. UNITED STATES MARITIME SERVICE.
Section 1306(a) of the Maritime Education and Training Act
of 1980 (46 U.S.C. App. 1295e(a)), is amended by inserting ‘‘and
to perform functions to assist the United States merchant marine,
as determined necessary by the Secretary,’’ after ‘‘United States’’
the second place it appears.
SEC. 3510. AWARDS AND MEDALS.
Section 5(c) of the Merchant Marine Decorations and Medals
Act (46 U.S.C. App. 2004(c)) is amended by striking ‘‘provide at
cost, or authorize for the manufacture and sale at reasonable prices
by private persons—’’ and inserting ‘‘provide—’’.
Approved January 6, 2006.
Ante, p. 1926.
46 USC
app. 1279f,
1279g.
Repeal.
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