To authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes.

SA 1955. Mr. WARNER (for himself and Mr. Levin) submitted an
amendment intended to be proposed by him to the bill H.R. 2863, making
appropriations for the Department of Defense for the fiscal year ending
September 30, 2006, and for other purposes; which was ordered to lie on
the table; as follows:

At the end, add the following:

SEC. 1. SHORT TITLE.

Divisions A, B, and C constitute an Act that may be cited
as the ``National Defense Authorization Act for Fiscal Year
2006''.

SEC. 2. ORGANIZATION INTO DIVISIONS; TABLE OF CONTENTS.

(a) Divisions.--The Act constituted by divisions A, B, and
C are the 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 the Act
constituted by divisions A, B, and C is as follows:

Sec. 1. Short title.
Sec. 2. Organization 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 AH-64D Apache attack
helicopter block II conversions.
Sec. 112. Multiyear procurement authority for modernized target
acquisition designation/pilot night vision sensors for
AH-64D Apache attack helicopters.
Sec. 113. Multiyear procurement authority for utility helicopters.

Subtitle C--Navy Programs

Sec. 121. Prohibition on acquisition of next generation destroyer
(DD(X)) through a single naval shipyard.
Sec. 122. Split funding authorization for CVN-78 aircraft carrier.
Sec. 123. LHA replacement (LHA(R)) ship.
Sec. 124. Refueling and complex overhaul of the U.S.S. Carl Vinson.

Subtitle D--Air Force Programs

Sec. 131. Multiyear procurement authority for C-17 aircraft.
Sec. 132. Prohibition on retirement of KC-135E aircraft.
Sec. 133. Use of Tanker Replacement Transfer Fund for modernization of
aerial refueling tankers.
Sec. 134. Prohibition on retirement of F-117 aircraft.
Sec. 135. Prohibition on retirement of C-130E/H tactical airlift
aircraft.
Sec. 136. Procurement of C-130J/KC-130J aircraft after fiscal year
2005.
Sec. 137. Aircraft for performance of aeromedical evacuations.

Subtitle E--Defense-Wide Programs

Sec. 151. 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 science and technology.

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Contract for the procurement of the Future Combat System
(FCS).
Sec. 212. Joint field experiment on stability and support operations.
Sec. 213. Towed Array Handler.
Sec. 214. Telemedicine and Advanced Technology Research Center.
Sec. 215. Chemical demilitarization facilities.

Subtitle C--Missile Defense Programs

Sec. 221. One-year extension of Comptroller General assessments of
ballistic missile defense programs.
Sec. 222. Fielding of ballistic missile defense capabilities.
Sec. 223. Plans for test and evaluation of operational capability of
the Ballistic Missile Defense System.

Subtitle D--High-Performance Defense Manufacturing Technology Research
and Development

Sec. 231. Research and development.
Sec. 232. Transition of transformational manufacturing processes and
technologies to the defense manufacturing base.
Sec. 233. Manufacturing technology strategies.
Sec. 234. Report.
Sec. 235. Definitions.

Subtitle E--Other Matters

Sec. 241. Expansion of eligibility for leadership of Department of
Defense Test Resource Management Center.
Sec. 242. Technology transition.
Sec. 243. Prevention, mitigation, and treatment of blast injuries.
Sec. 244. Modification of requirements for reports on program to award
prizes for advanced technology achievements.

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 report on environmental quality programs and
other environmental activities.
Sec. 312. Payment of certain private cleanup costs in connection with
the Defense Environmental Restoration Program.

Subtitle C--Other Matters

Sec. 321. Aircraft carriers.
Sec. 322. Limitation on transition of funding for East Coast shipyards
from funding through Navy Working Capital Fund to direct
funding.
Sec. 323. Use of funds from National Defense Sealift Fund to exercise
purchase options on maritime prepositioning ship vessels.
Sec. 324. Purchase and destruction of weapons overseas.
Sec. 325. Increase in maximum contract amount for procurement of
supplies and services from exchange stores outside the
United States.
Sec. 326. Extension of authority to provide logistics support and
services for weapon systems contractors.
Sec. 327. Army training strategy.
Sec. 328. Limitation on financial management improvement and audit
initiatives within the Department of Defense.
Sec. 329. Study on use of ethanol fuel.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision of permanent active duty end strength minimum
levels.

Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2006 limitations on non-dual status technicians.

Subtitle C--Authorizations of Appropriations

Sec. 421. Authorization of appropriations for military personnel.
Sec. 422. Armed Forces Retirement Home.

[[Page S10840]]

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

Sec. 501. Exclusion of general and flag officers on leave pending
separation or retirement from computation of active duty
officers for general and flag officer distribution and
strength limitations.
Sec. 502. Expansion of joint duty assignments for reserve component
general and flag officers.
Sec. 503. Deadline for receipt by promotion selection boards of
correspondence from eligible officers.
Sec. 504. Furnishing to promotion selection boards of adverse
information on officers eligible for promotion to certain
senior grades.
Sec. 505. Grades of the Judge Advocates General.
Sec. 506. Temporary extension of authority to reduce minimum length of
commissioned service for voluntary retirement as an
officer.
Sec. 507. Modification of strength in grade limitations applicable to
reserve flag officers in active status.
Sec. 508. Uniform authority for deferment of separation of reserve
general and flag officers for age.

Subtitle B--Enlisted Personnel Policy

Sec. 521. Uniform citizenship or residency requirements for enlistment
in the Armed Forces.

Subtitle C--Reserve Component Personnel Matters

Sec. 531. Requirements for physical examinations and medical and dental
readiness for members of the Selected Reserve not on
active duty.
Sec. 532. Repeal of limitation on amount of financial assistance under
Reserve Officers' Training Corps scholarship 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. Increase in maximum number of Army Reserve and Army National
Guard cadets under Reserve Officers' Training Corps.
Sec. 535. Modification of educational assistance for Reserves
supporting contingency and other operations.
Sec. 536. Repeal of limitation on authority to redesignate the Naval
Reserve as the Navy Reserve.
Sec. 537. Performance by reserve component personnel of operational
test and evaluation and training relating to new
equipment.

Subtitle D--Military Justice and Related Matters

Sec. 551. Modification of periods of prosecution by courts-martial for
murder, rape, and child abuse.
Sec. 552. Establishment of offense of stalking.
Sec. 553. Clarification of authority of military legal assistance
counsel.
Sec. 554. Administrative censures of members of the Armed Forces.
Sec. 555. Reports by officers and senior enlisted personnel of matters
relating to violations or alleged violations of criminal
law.

Subtitle E--Military Service Academies

Sec. 561. Authority to retain permanent military professors at the
Naval Academy after more than 30 years of service.

Subtitle F--Administrative Matters

Sec. 571. Clarification of leave accrual for members assigned to a
deployable ship or mobile unit or other duty.
Sec. 572. Limitation on conversion of military medical and dental
billets to civilian positions.

Subtitle G--Defense Dependents Education Matters

Sec. 581. Expansion of authorized enrollment in Department of Defense
dependents schools overseas.
Sec. 582. Assistance to local educational agencies with significant
enrollment increases in military dependent students due
to troop relocations, creation of new units, and
realignments under BRAC.
Sec. 583. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department
of Defense civilian employees.
Sec. 584. Impact aid for children with severe disabilities.

Subtitle H--Other Matters

Sec. 591. Policy and procedures on casualty assistance to survivors of
military decedents.
Sec. 592. Modification and enhancement of mission and authorities of
the Naval Postgraduate School.
Sec. 593. Expansion and enhancement of authority to present recognition
items for recruitment and retention purposes.
Sec. 594. Requirement for regulations on policies and procedures on
personal commercial solicitations on Department of
Defense installations.
Sec. 595. Federal assistance for State programs under the National
Guard Youth Challenge Program.
Sec. 596. Authority for National Defense University award of degree of
master of science in joint campaign planning and
strategy.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Sec. 601. Eligibility for additional pay of permanent military
professors at the United States Naval Academy with over
36 years of service.
Sec. 602. Enhanced authority for agency contributions for members of
the Armed Forces participating in the Thrift Savings
Plan.
Sec. 603. Permanent authority for supplemental subsistence allowance
for low-income members with dependents.
Sec. 604. Modification of pay considered as saved pay upon appointment
of an enlisted member as an officer.

Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay
authorities for Reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for certain health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of other bonus and special pay
authorities.
Sec. 615. Payment and repayment of assignment incentive pay.
Sec. 616. Increase in amount of selective reenlistment bonus for
certain senior supervisory nuclear qualified enlisted
personnel.
Sec. 617. Consolidation and modification of bonuses for affiliation or
enlistment in the Selected Reserve.
Sec. 618. Expansion and enhancement of special pay for enlisted members
of the Selected Reserve assigned to certain high priority
units.
Sec. 619. Retention incentive bonus for members of the Selected Reserve
qualified in a critical military skill or specialty.
Sec. 620. Termination of limitation on duration of payment of imminent
danger special pay during hospitalization.
Sec. 621. Authority for retroactive payment of imminent danger special
pay.
Sec. 622. Authority to pay foreign language proficiency pay to members
on active duty as a bonus.
Sec. 623. Incentive bonus for transfer between the Armed Forces.

Subtitle C--Travel and Transportation Allowances

Sec. 631. Transportation of family members in connection with the
repatriation of servicemembers or civilian employees held
captive.

Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Enhancement of death gratuity and life insurance benefits for
deaths from combat-related causes or causes incurred in
combat operations or areas.
Sec. 642. Improvement of management of Armed Forces Retirement Home.

Subtitle E--Other Matters

Sec. 651. Payment of expenses of members of the Armed Forces to obtain
professional credentials.
Sec. 652. Pilot program on contributions to Thrift Savings Plan for
initial enlistees in the Armed Forces.
Sec. 653. Modification of requirement for certain intermediaries under
certain authorities relating to adoptions.
Sec. 654. Extension of effective date.

TITLE VII--HEALTH CARE

Subtitle A--Benefits Matters

Sec. 701. Clarification of eligibility of reserve officers for health
care pending active duty following issuance of orders to
active duty.
Sec. 702. Limitation on deductible and copayment requirements for
nursing home residents under the pharmacy benefits
program.
Sec. 703. Eligibility of surviving active duty spouses of deceased
members for enrollment as dependents in a TRICARE dental
plan.
Sec. 704. 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. 705. Expanded eligibility of members of the Selected Reserve under
the TRICARE program.

[[Page S10841]]

Subtitle B--Planning, Programming, and Management

Sec. 711. TRICARE Standard coordinators in TRICARE regional offices.
Sec. 712. Report on delivery of health care benefits through military
health care system.
Sec. 713. Comptroller General report on differential payments to
children's hospitals for health care for children
dependents under TRICARE.
Sec. 714. Repeal of requirement for Comptroller General reviews of
certain Department of Defense-Department of Veterans
Affairs projects on sharing of health care resources.
Sec. 715. Surveys on TRICARE Standard.
Sec. 716. Modification of health care quality information and
technology enhancement report requirements.
Sec. 717. Modification of authorities relating to patient care
reporting and management system.
Sec. 718. Qualifications for individuals serving as TRICARE regional
directors.

Subtitle C--Other Matters

Sec. 731. Report on adverse health events associated with use of anti-
malarial drugs.
Sec. 732. Pilot projects on early diagnosis and treatment of post
traumatic stress disorder and other mental health
conditions.

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS

Subtitle A--Acquisition Policy and Management

Sec. 801. Internal controls for procurements on behalf of the
Department of Defense.
Sec. 802. Contract Support Acquisition Centers.
Sec. 803. Authority to enter into acquisition and cross-servicing
agreements with regional organizations of which the
United States is not a member.
Sec. 804. Requirement for authorization for procurement of major weapon
systems as commercial items.
Sec. 805. Report on service surcharges for purchases made for military
departments through other Department of Defense agencies.
Sec. 806. Review of defense acquisition structures.

Subtitle B--Defense Industrial Base Matters

Sec. 811. Clarification of exception from Buy American requirements for
procurement of perishable food for establishments outside
the United States.
Sec. 812. Conditional waiver of domestic source or content requirements
for certain countries with reciprocal defense procurement
agreements with the United States.
Sec. 813. Consistency with United States obligations under trade
agreements.
Sec. 814. Identification of areas of research and development effort
for purposes of Small Business Innovation Research
program.

Subtitle C--Defense Contractor Matters

Sec. 821. Requirements for defense contractors relating to certain
former Department of Defense officials.
Sec. 822. Review of certain contractor ethics matters.
Sec. 823. Contract fraud risk assessment.

Subtitle D--Defense Acquisition Workforce Matters

Sec. 831. Availability of funds in Acquisition Workforce Training Fund
for defense acquisition workforce improvements.
Sec. 832. Limitation and reinvestment authority relating to reduction
of the defense acquisition and support workforce.
Sec. 833. Technical amendments relating to defense acquisition
workforce improvements.

Subtitle E--Other Matters

Sec. 841. Extension of contract goal for small disadvantaged business
and certain institutions of higher education.
Sec. 842. Codification and modification of limitation on modification
of military equipment within five years of retirement or
disposal.
Sec. 843. Clarification of rapid acquisition authority to respond to
combat emergencies.
Sec. 844. Modification of authority to carry out certain prototype
projects.
Sec. 845. Extension of certain authorities on contracting with
employers of persons with disabilities.
Sec. 846. Increased limit applicable to assistance provided under
certain procurement technical assistance programs.
Sec. 847. Pilot program on expanded public-private partnerships for
research and development.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Duties and Functions of Department of Defense Officers and
Organizations

Sec. 901. Directors of Small Business Programs.
Sec. 902. Executive agent for acquisition of capabilities to defend the
homeland against cruise missiles and other low-altitude
aircraft.
Sec. 903. Provision of audiovisual support services by the White House
Communications Agency.

Subtitle B--Space Activities

Sec. 911. Advisory committee on Department of Defense requirements for
space control.

Subtitle C--Other Matters

Sec. 921. Acceptance of gifts and donations for Department of Defense
regional centers for security studies.
Sec. 922. Operational files of the Defense Intelligence Agency.
Sec. 923. Prohibition on implementation of certain orders and guidance
on functions and duties of the General Counsel and the
Judge Advocate General of the Air Force.
Sec. 924. United States Military Cancer Institute.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of Classified Annex.
Sec. 1003. United States contribution to NATO common-funded budgets in
fiscal year 2006.
Sec. 1004. Reduction in certain authorizations due to savings relating
to lower inflation.
Sec. 1005. Authorization of supplemental appropriations for fiscal year
2005.
Sec. 1006. Increase in fiscal year 2005 transfer authority.
Sec. 1007. Monthly disbursement to States of State income tax
voluntarily withheld from retired or retainer pay.
Sec. 1008. Reestablishment of limitation on payment of facilities
charges assessed by Department of State.

Subtitle B--Naval Vessels and Shipyards

Sec. 1021. Transfer of battleships.
Sec. 1022. Conveyance of Navy drydock, Jacksonville, Florida.

Subtitle C--Counterdrug Matters

Sec. 1031. Use of unmanned aerial vehicles for United States border
reconnaissance.
Sec. 1032. Use of counterdrug funds for certain counterterrorism
operations.
Sec. 1033. Support for counter-drug activities through bases of
operation and training facilities in Afghanistan.

Subtitle D--Reports and Studies

Sec. 1041. Modification of frequency of submittal of Joint Warfighting
Science and Technology Plan.
Sec. 1042. Review and assessment of Defense Base Act insurance.
Sec. 1043. Comptroller General report on corrosion prevention and
mitigation programs of the Department of Defense.

Subtitle E--Technical Amendments

Sec. 1051. Technical amendments relating to certain provisions of
environmental defense laws.

Subtitle F--Military Mail Matters

Sec. 1061. Safe delivery of mail in the military mail system.
Sec. 1062. Delivery of mail addressed to any service member.

Subtitle G--Other Matters

Sec. 1071. Policy on role of military medical and behavioral science
personnel in interrogation of detainees.
Sec. 1072. Clarification of authority to issue security regulations and
orders under Internal Security Act of 1950.
Sec. 1073. Support for youth organizations.

TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY

Sec. 1101. Extension of authority for voluntary separations in
reductions in force.
Sec. 1102. Compensatory time off for nonappropriated fund employees of
the Department of Defense.
Sec. 1103. Extension of authority to pay severance payments in lump
sums.
Sec. 1104. Continuation of Federal Employee Health Benefits Program
eligibility.
Sec. 1105. Permanent and enhanced authority for Science, Mathematics,
and Research for Transformation (SMART) defense education
program.
Sec. 1106. Increase in authorized number of Defense Intelligence Senior
Executive Service employees.
Sec. 1107. Strategic human capital plan for civilian employees of the
Department of Defense.
Sec. 1108. Comptroller General study on features of successful
personnel management systems of highly technical and
scientific workforces.

[[Page S10842]]

TITLE XII--MATTERS RELATING TO OTHER NATIONS

Sec. 1201. Commanders' Emergency Response Program.
Sec. 1202. Enhancement and expansion of authority to provide
humanitarian and civic assistance.
Sec. 1203. Modification of geographic limitation on payment of
personnel expenses under bilateral or regional
cooperation programs.
Sec. 1204. Payment of travel expenses of coalition liaison officers.
Sec. 1205. Prohibition on engaging in certain transactions.

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. Modification of authority to use Cooperative Threat
Reduction funds outside 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. 1306. Removal of certain restrictions on provision of Cooperative
Threat Reduction assistance.

TITLE XIV--AUTHORIZATION FOR SUPPLEMENTAL APPROPRIATIONS FOR IRAQ,
AFGHANISTAN, AND THE GLOBAL WAR ON TERRORISM

Sec. 1401. Purpose.
Sec. 1402. Designation as emergency amounts.
Sec. 1403. Army procurement.
Sec. 1404. Navy and Marine Corps procurement.
Sec. 1405. Air Force procurement.
Sec. 1406. Operation and maintenance.
Sec. 1407. Defense Health Program.
Sec. 1408. Military personnel.
Sec. 1409. Iraq Freedom Fund.
Sec. 1410. Transfer authority.

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.

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
2005 projects.
Sec. 2206. Modification of authority to carry out certain fiscal year
2004 project.

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.
Sec. 2602. Specific authorized Army National Guard construction
projects.
Sec. 2603. Construction of facilities, New Castle County Airport Air
Guard Base, Delaware.

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. 2704. Effective date.

TITLE XXVIII--GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing
Changes

Sec. 2801. Increase in thresholds for unspecified minor military
construction projects.
Sec. 2802. Modification of cost variation authority.
Sec. 2803. Department of Defense housing funds.
Sec. 2804. Temporary authority to use minor military construction
authority for construction of child development centers.
Sec. 2805. Inapplicability to child development centers of restriction
on authority to acquire or construct ancillary supporting
facilities.
Sec. 2806. Authority to carry out exchanges of facilities including
associated utilities, equipment, and furnishings.
Sec. 2807. Increase in number of family housing units in Korea
authorized for lease by the Army at maximum amount.

Subtitle B--Real Property and Facilities Administration

Sec. 2821. Authority to lease non-excess property of Department of
Defense field activities.
Sec. 2822. Modified criteria for agreements to limit encroachments and
other constraints on military training, testing, and
operations.

Subtitle C--Land Conveyances

Part I--Army Conveyances

Sec. 2841. Land conveyance, Helena, Montana.
Sec. 2842. Land conveyance, Army Reserve Center, Bothell, Washington.

Part II--Air Force Conveyances

Sec. 2861. Acquisition of build-to-lease family housing at Eielson Air
Force Base, Alaska.

Subtitle D--Other Matters

Sec. 2881. Reorganization and technical improvement of codified laws
applicable to real property of the Department of Defense.
Sec. 2882. Report on application of force protection and anti-terrorism
standards to leased facilities.
Sec. 2883. Construction at Fort Buchanan, Puerto Rico, for reserve
components.-
Sec. 2884. Authority to use Papago Park Military Reservation, Arizona,
for general military purposes.
Sec. 2885. One-year extension of Department of Defense laboratory
revitalization program.
Sec. 2886. 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 management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.

Subtitle B--Other Matters

Sec. 3111. Report on compliance with design basis threat.
Sec. 3112. Cost estimate for waste treatment and immobilization plant
project, Hanford site, Richland, Washington.
Sec. 3113. Report on international border security programs.
Sec. 3114. Clarification of cooperative agreement authority under
chemical demilitarization program.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Revisions to required receipt objectives for previously
authorized disposals from National Defense Stockpile.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

For purposes of the Act constituted by divisions A, B, and
C, 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.

Funds are hereby authorized to be appropriated for fiscal
year 2006 for procurement for the Army as follows:
(1) For aircraft, $2,800,880,000.
(2) For missiles, $1,265,850,000.
(3) For weapons and tracked combat vehicles,
$1,692,549,000.
(4) For ammunition, $1,830,672,000.
(5) For other procurement, $4,339,434,000.

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, $9,946,926,000.
(2) For weapons, including missiles and torpedoes,
$2,749,441,000.
(3) For shipbuilding and conversion, $9,057,865,000.

[[Page S10843]]

(4) For other procurement, $5,596,218,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2006 for procurement for the
Marine Corps in the amount of $1,386,705,000.
(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 $892,849,000.

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, $13,212,633,000.
(2) For missiles, $5,500,287,000.
(3) For ammunition, $1,031,207,000.
(4) For other procurement, $14,027,889,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

Funds are hereby authorized to be appropriated for fiscal
year 2006 for Defense-wide procurement in the amount of
$2,784,832,000.

Subtitle B--Army Programs

SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR AH-64D APACHE
ATTACK HELICOPTER BLOCK II CONVERSIONS.

Beginning with the fiscal year 2006 program year, the
Secretary of the Army may, in accordance with section 2306b
of title 10, United States Code, enter into one or more
multiyear contracts for procurement of AH-64D Apache attack
helicopter block II conversions.

SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR MODERNIZED
TARGET ACQUISITION DESIGNATION/PILOT NIGHT
VISION SENSORS FOR AH-64D APACHE ATTACK
HELICOPTERS.

Beginning with the fiscal year 2006 program year, the
Secretary of the Army may, in accordance with section 2306b
of title 10, United States Code, enter into one or more
multiyear contracts for procurement of modernized target
acquisition designation/pilot night vision sensors for AH-64D
Apache attack helicopters.

SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR UTILITY
HELICOPTERS.

(a) UH-60M Black Hawk Helicopters.--Beginning with the
fiscal year 2006 program year, the Secretary of the Army may,
in accordance with section 2306b of title 10, United States
Code, enter into one or more multiyear contracts for the
procurement of UH-60M Black Hawk helicopters.
(b) MH-60S Seahawk Helicopters.--Beginning with the fiscal
year 2007 program year, the Secretary of the Army, acting as
executive agent for the Department of the Navy, may, in
accordance with section 2306b of title 10, United States
Code, enter into one or more multiyear contracts for the
procurement of MH-60S Seahawk helicopters.

Subtitle C--Navy Programs

SEC. 121. PROHIBITION ON ACQUISITION OF NEXT GENERATION
DESTROYER (DD(X)) THROUGH A SINGLE NAVAL
SHIPYARD.

(a) Prohibition.--Destroyers under the next generation
destroyer (DD(X)) program may not be acquired through a
winner-take-all acquisition strategy.
(b) Prohibition on Use of Funds.--No funds authorized to be
appropriated by this Act, or any other Act, may be obligated
or expended to prepare for, conduct, or implement a strategy
for the acquisition of destroyers 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 destroyers under the next
generation destroyer program, means the acquisition
(including design and construction) of such destroyers
through a single shipyard.

SEC. 122. SPLIT FUNDING AUTHORIZATION FOR CVN-78 AIRCRAFT
CARRIER.

(a) Authority To Use Split Funding.--The Secretary of the
Navy is authorized to fund the detail design and construction
of the aircraft carrier designated CVN-78 using split funding
in the Shipbuilding and Conversion, Navy account in fiscal
years 2007, 2008, 2009, and 2010.
(b) Condition for Out-Year Contract Payments.--A contract
entered into for the detail design and construction of the
aircraft carrier designated CVN-78 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 such fiscal year.

SEC. 123. 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, $325,447,000 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,
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
procurement, 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 contract
entered into under subsection (c) 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
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. 124. REFUELING AND COMPLEX OVERHAUL OF THE U.S.S. CARL
VINSON.

(a) Amount Authorized From 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 shall be available for the commencement of the
nuclear refueling and complex overhaul of the U.S.S. Carl
Vinson (CVN-70). The amount available under the preceding
sentence is the first increment in the incremental funding
planned for the nuclear refueling and complex overhaul of the
U.S.S. Carl Vinson.
(b) Contract Authority.--The Secretary of the Navy may
enter into a contract during fiscal year 2006 for the nuclear
refueling and complex overhaul of the U.S.S. Carl Vinson.
(c) Condition for Out-Year Contract Payments.--A contract
entered into under subsection (b) 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
such fiscal year.

Subtitle D--Air Force Programs

SEC. 131. MULTIYEAR PROCUREMENT AUTHORITY FOR C-17 AIRCRAFT.

(a) Multiyear Procurement Authorized.--Beginning with the
fiscal year 2006 program year, the Secretary of the Air Force
may exercise the option on the existing multiyear procurement
contract for C-17 aircraft in order to enter into a multiyear
contract for the procurement of up to 42 additional C-17
aircraft. A contract entered into under this subsection shall
be entered into in accordance with section 2306b of title 10,
United States Code.
(b) Required Certification.--Prior to the exercise of the
authority in subsection (a), the Secretary of Defense shall
certify to the congressional defense committees that the
additional airlift capability to be provided by the C-17
aircraft to be procured under that authority is consistent
with the results of the Mobility Capabilities Study to be
completed in fiscal year 2005.

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. USE OF TANKER REPLACEMENT TRANSFER FUND FOR
MODERNIZATION OF AERIAL REFUELING TANKERS.

In addition to providing funds for a tanker acquisition
program as specified in section 8132 of the Department of
Defense Appropriations Act, 2005 (Public Law 108-287; 118
Stat, 1001), funds in the Tanker Replacement Transfer Fund
established by that section may be used for the modernization
of existing aerial refueling tankers if the modernization of
such tankers is consistent with the results of the analysis
of alternatives for meeting the aerial refueling requirements
of the Air Force as required by section 134(b) of the
National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 117 Stat. 1413).

SEC. 134. PROHIBITION ON RETIREMENT OF F-117 AIRCRAFT.

The Secretary of the Air Force may not retire any F-117
Nighthawk stealth attack aircraft of the Air Force in fiscal
year 2006.

SEC. 135. PROHIBITION ON RETIREMENT OF C-130E/H TACTICAL
AIRLIFT AIRCRAFT.

The Secretary of the Air Force may not retire any C-130E/H
tactical airlift aircraft of the Air Force in fiscal year
2006.

SEC. 136. 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
C.F.R. 15.000 et seq.), rather than through a contract under
part 12 of the Federal Acquisition Regulation, relating to
acquisition of commercial items (48 C.F.R. 12.000 et seq.).

SEC. 137. AIRCRAFT FOR PERFORMANCE OF AEROMEDICAL
EVACUATIONS.

(a) Requirement To Procure.--The Secretary of the Air Force
shall procure aircraft for the purpose of providing
aeromedical evacuation services to severely injured or ill
personnel.
(b) Required Capabilities.--The aircraft procured under
subsection (a) shall be capable of providing nonstop
aeromedical evacuations across the Atlantic Ocean.
(c) Equipping.--Any aircraft procured under subsection (a)
shall be equipped with current aeromedical support
facilities, including electrical systems, sanitation,
temperature controls, pressurization capacity,

[[Page S10844]]

safe medical storage, equipment and medicines for life
support and emergency purposes, food preparation facilities,
and such other facilities as the Secretary considers
appropriate for the provision of aeromedical evacuation
services.
(d) Dedicated Mission.--Each aircraft procured and equipped
under this section shall be assigned the dedicated mission of
providing aeromedical evacuation services as described in
subsection (a).
(e) Availability of Funds.--Of the amounts authorized to be
appropriated by section 103(1) for aircraft procurement for
the Air Force, $200,000,000 shall be available for the
procurement and equipping of up to two aircraft under this
section.

Subtitle E--Defense-Wide Programs

SEC. 151. ADVANCED SEAL DELIVERY SYSTEM.

(a) Limitation on Availability of Funds for Advance
Procurement.--No funds authorized to be appropriated by this
Act for fiscal year 2006 for advance procurement of
components for the Advanced SEAL Delivery System may be
obligated or expended for that purpose until 30 days after
the date on which the Secretary of Defense certifies to the
congressional defense committees that the Under Secretary of
Defense for Acquisition, Technology, and Logistics has made a
favorable milestone C decision regarding the Advanced SEAL
Delivery System. The certification shall be submitted
together with the comprehensive report on the Advanced SEAL
Delivery System required by subsection (b).
(b) Report.--As soon as possible after completion of the
review of the Advanced SEAL Delivery System by the Defense
Acquisition Board, the Secretary shall submit to the
congressional defense committees a report that includes the
following:
(1) The result of the milestone C decision on the Advanced
SEAL Delivery System made by the Under Secretary of Defense
for Acquisition, Technology, and Logistics.
(2) Such recommendations as the Secretary considers
appropriate regarding the continuation, restructuring, or
termination of the Advanced SEAL Delivery System program,
including recommendations on adjustments to contractual
arrangements in connection with the continuation,
restructuring, or termination of the program.
(3) A detailed summary of the revised cost estimate and
future cost estimates for the Advanced SEAL Delivery System
program, which cost estimates shall be validated for purposes
of the report by the Cost Analysis and Improvement Group
within the Office of the Secretary of Defense.
(4) A detailed acquisition strategy for the Advanced SEAL
Delivery System, if the Secretary recommends the continuation
or restructuring of the Advanced SEAL Delivery System program
under paragraph (2).
(5) A plan to demonstrate realistic strategies for solving
any technical and performance problems identified during the
final operational test and evaluation of the Advanced SEAL
Delivery System proposed to be conducted during the summer of
2005.
(c) Comptroller General Review.--
(1) In general.--In order to achieve the purposes set forth
in paragraph (2), the Comptroller General of the United
States shall--
(A) review the adequacy of the final operational test and
evaluation test plan for the Advanced SEAL Delivery System;
(B) review the results of the operational test of the
Advanced SEAL Delivery System; and
(C) update the March 2003 Comptroller General report
entitled Defense Acquisition, Advanced SEAL Delivery System
Program Needs Increased Oversight (GAO-03-442).
(2) Purposes.--The purposes of the review and update under
paragraph (1) are as follows:
(A) To examine the progress made toward meeting operational
requirements and technical challenges with respect to the
Advanced SEAL Delivery System.
(B) To assess the capacity of the Advanced SEAL Delivery
System program to meet schedule and cost projections for that
program.
(C) To identify and evaluation any remaining factors that
may contribute to potential future problems for the Advanced
SEAL Delivery System program.
(3) Report.--The Comptroller General shall submit to the
congressional defense committees a report on the activities
of the Comptroller General under paragraph (1) not later than
February 1, 2006.

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

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, development, test, and evaluation as follows:
(1) For the Army, $9,717,824,000.
(2) For the Navy, $18,398,091,000.
(3) For the Air Force, $22,636,568,000.
(4) For Defense-wide activities, $19,011,754,000, of which
$168,458,000 is authorized for the Director of Operational
Test and Evaluation.

SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY.

(a) Amount for Projects.--Of the total amount authorized to
be appropriated by section 201, $10,924,401,000 shall be
available for science and technology projects.
(b) Science and Technology Defined.--In this section, the
term ``science and technology project'' means work funded in
program elements for defense research, development, test, and
evaluation under Department of Defense budget activities 1,
2, or 3.

Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. CONTRACT FOR THE PROCUREMENT OF THE FUTURE COMBAT
SYSTEM (FCS).

The Secretary of the Army shall procure the Future Combat
System (FCS) through a contract under part 15 of the Federal
Acquisition Regulation (FAR), relating to acquisition of
items by negotiated contract (48 C.F.R. 15.000 et seq.),
rather than through a transaction under section 2371 of title
10, United States Code.

SEC. 212. JOINT FIELD EXPERIMENT ON STABILITY AND SUPPORT
OPERATIONS.

(a) Joint Field Experiment Required.--The Secretary of
Defense shall, in fiscal year 2006, carry out a joint field
experiment to address matters relating to stability and
support operations.
(b) Purposes.--The purposes of the joint field experiment
under subsection (a) are as follows:
(1) To explore critical challenges associated with the
planning and execution of military and support activities
required in the post-conflict environment following major
combat activities.
(2) To facilitate the development of recommendations for
appropriate policy, doctrine, training infrastructure, and
organizational structures to best facilitate the conduct of
effective stability and support operations in such an
environment.
(c) Participating Elements and Forces.--
(1) In general.--The joint field experiment under
subsection (a) shall involve--
(A) elements of the Army, the Marine Corps, and the Special
Operations Command selected by the Secretary for purposes of
the field experiment;
(B) representatives of policy elements within the
Department selected by the Secretary for such purposes; and
(C) any other forces or elements of the Department that the
Secretary considers appropriate for such purposes.
(2) Additional elements.--The Secretary shall also invite
the participation in the field experiment of appropriate
elements of other departments and agencies of the United
States Government, and of such elements and forces of
coalition nations, as the Secretary considers appropriate for
purposes of the field experiment.
(d) Report.--Not later than January 31, 2007, the Secretary
shall submit to the congressional defense committees a report
on the joint field experiment under subsection (a). The
report shall include--
(1) a description of the field experiment;
(2) the findings of the Secretary as a result of the field
experiment; and
(3) such recommendations, including recommendations for
additional legislative or administrative actions and
recommendations on funding required to implement such
actions, as the Secretary considers appropriate in light of
the field experiment.

SEC. 213. TOWED ARRAY HANDLER.

(a) Availability of Amount.--Of the amount authorized to be
appropriated by section 201(2) for research, development,
test, and evaluation for the Navy, the amount available for
Program Element 0604503N for the design, development, and
test of improvements to the towed array handler is hereby
increased by $5,000,000 in order to increase the reliability
of the towed array and the towed array handler by
capitalizing on ongoing testing and evaluation of such
systems.
(b) Offset.--Of the amount authorized to be appropriated by
section 201(2) for research, development, test, and
evaluation for the Navy, the amount available for Program
Element 0604558N for new design for the Virginia Class
submarine for the large aperture bow array is hereby reduced
by $5,000,000.

SEC. 214. TELEMEDICINE AND ADVANCED TECHNOLOGY RESEARCH
CENTER.

Of the amount authorized to be appropriated by section
201(1) for research, development, test, and evaluation for
the Army, $1,000,000 may be available for Medical Advanced
Technology (PE #603002A) for the Telemedicine and Advanced
Technology Research Center.

SEC. 215. 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
section 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
operations 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

[[Page S10845]]

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
notifies the congressional defense committees of the intent
to carry out such project.

Subtitle C--Missile Defense Programs

SEC. 221. ONE-YEAR EXTENSION OF COMPTROLLER GENERAL
ASSESSMENTS OF BALLISTIC MISSILE DEFENSE
PROGRAMS.

(a) Extension.--Section 232(g) of the National Defense
Authorization Act for Fiscal Year 2002 (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. 222. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.

(a) Authority To Use Funds.--Funds referred to in
subsection (b) may, upon approval by the Secretary of
Defense, be used for the development and fielding of
ballistic missile defense capabilities.
(b) Covered Funds.--Funds referred to in this subsection
are funds authorized to be appropriated for fiscal year 2006
or 2007 for research, development, test, and evaluation for
the Missile Defense Agency.

SEC. 223. PLANS FOR TEST AND EVALUATION OF OPERATIONAL
CAPABILITY OF THE BALLISTIC MISSILE DEFENSE
SYSTEM.

(a) Plans Required.--
(1) In general.--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 such block shall, in coordination with the Missile
Defense Agency and subject to the review and approval of the
Director of Operational Test and Evaluation, prepare a plan
to test, evaluate, and characterize the operational
capability of such block.
(2) Nature of plans.--Each plan prepared under this
subsection shall be appropriate for the level of
technological maturity of the block to be tested.
(b) Reports on Test and Evaluation of Blocks.--At the
conclusion of the test and evaluation of block 06, and of
each subsequent block, of the Ballistic Missile Defense
System, the Director of Operational Test and Evaluation shall
submit to the Secretary of Defense, and to the congressional
defense committees, a report providing--
(1) the assessment of the Director as to whether or not
such test and evaluation was adequate to evaluate the
operational capability of such block; and
(2) the characterization of the Director as to the
operational effectiveness, suitability, and survivability of
such block, as appropriate for the level of technological
maturity of the block to be tested.

Subtitle D--High-Performance Defense Manufacturing Technology Research
and Development

SEC. 231. RESEARCH AND DEVELOPMENT.

(a) Identification of Enhanced Processes and
Technologies.--The Under Secretary of the Defense for
Acquisition, Technology, and Logistics shall identify
advanced manufacturing processes and technologies whose
utilization will achieve significant productivity and
efficiency gains in the defense manufacturing base.
(b) Research and Development.--The Under Secretary shall
undertake research and development on processes and
technologies identified under subsection (a) that addresses,
in particular--
(1) innovative manufacturing processes and advanced
technologies; and
(2) the creation of extended production enterprises using
information technology and new business models.
(c) Defense Priorities.--In undertaking research and
development under subsection (b), the Under Secretary shall
consider defense priorities established in the most current
Joint Warfighting Science and Technology Plan.

SEC. 232. TRANSITION OF TRANSFORMATIONAL MANUFACTURING
PROCESSES AND TECHNOLOGIES TO THE DEFENSE
MANUFACTURING BASE.

(a) Acceleration of Transition from Science and
Technology.--
(1) In general.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall undertake
appropriate actions to accelerate the transition of
transformational manufacturing technologies and processes
(including processes and technologies identified under
section 231) from the research stage to utilization by
manufacturers in the defense manufacturing base.
(2) Execution.--The actions undertaken under paragraph (1)
shall include a memorandum of understanding among the
Director of Defense Research and Engineering, other
appropriate elements of the Department of Defense, and the
Joint Defense Manufacturing Technology Panel to accelerate
the transition of technologies and processes as described in
that paragraph.
(b) Prototypes and Testbeds.--
(1) In general.--The Under Secretary shall, utilizing the
Manufacturing Technology Program, undertake the development
of prototypes and testbeds to promote the purposes of this
section.
(2) Coordination of activities.--The Under Secretary shall
coordinate activities under this subsection with activities
under the Small Business Innovation Research Program and the
Small Business Technology Transfer Program.
(c) Development of Improvement Process.--The Under
Secretary shall, in consultation with persons and
organizations in the defense manufacturing base, develop and
implement a program to continuously identify and utilize
improvements and innovative processes in appropriate defense
acquisition programs and by manufacturers in the defense
manufacturing base.
(d) Diffusion of Enhancements Into Defense Manufacturing
Base.--The Under Secretary shall ensure the utilization in
industry of enhancements in productivity and efficiency
identified by reason of activities under this subtitle
through the following:
(1) Research and development activities under the
Manufacturing Technology Program, including the establishment
of public-private partnerships.
(2) Outreach through the Manufacturing Extension
Partnership Program under memoranda of agreement, cooperative
programs, and other appropriate arrangements.
(3) Coordination with activities under such other current
programs for the dissemination of manufacturing technology as
the Under Secretary considers appropriate.
(4) Identification of incentives for contractors in the
defense manufacturing base to incorporate and utilize
manufacturing enhancements in the manufacturing activities.

SEC. 233. MANUFACTURING TECHNOLOGY STRATEGIES.

(a) In General.--The Under Secretary of Defense for
Acquisition, 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. 234. 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
technologies and processes, and 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. 235. 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.
(2) Extended production enterprise.--The term ``extended
production enterprise'' means a system in which key entities,
including entities engaged in product development,
manufacturing, sourcing, and user entities, in the
manufacturing chain are linked together through information
technology and other means to promote efficiency and
productivity.
(3) Manufacturing extension partnership program.--The term
``Manufacturing Extension Partnership Program'' means the
Manufacturing Extension Partnership Program of the Department
of Commerce.
(4) Manufacturing technology program.--The term
``Manufacturing Technology Program'' means the Manufacturing
Technology Program under the Director of Defense Research and
Engineering under section 2521 of title 10, United States
Code.
(5) Small business innovation research program.--The term
``Small Business Innovation Research Program'' has the
meaning given that term in section 2055(11) of title 10,
United States Code.
(6) Small business technology transfer program.--The term
``Small Business Technology Transfer Program'' has the
meaning given that term in section 2500(12) of title 10,
United States Code.

[[Page S10846]]

Subtitle E--Other Matters

SEC. 241. EXPANSION OF ELIGIBILITY FOR LEADERSHIP OF
DEPARTMENT 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
section is amended by striking ``senior civilian officers and
employees of the Department of Defense'' and inserting
``individuals''.

SEC. 242. 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
Undersecretary of Defense for Acquisition, Technology, and
Logistics in the development of policies to facilitate the
rapid transition of technologies from science and technology
programs of the Department of Defense into acquisition
programs of the Department.''.
(b) Report on Technology Transition.--
(1) In general.--The Secretary of Defense, working through
the Technology Transition Council, shall submit to the
congressional defense committees a report on the challenges
associated with technology transition from the science and
technology programs of the Department of Defense to the
acquisition programs of the Department, and a strategy to
address such challenges, including--
(A) a description of any organizational barriers to
technology transition between operations, acquisition, and
technology development components of the Department;
(B) an assessment of the effect of Department acquisition
regulations on technology transition;
(C) a description of the role of technology transition in
the planning, programming, and budgeting processes of the
Department;
(D) a description of any other challenges associated with
technology transition in the Department that are identified
by the Secretary;
(E) a Department-wide strategy for pursuing technology
transition; and
(F) such recommendations as the Secretary considers
appropriate for the improvement of technology transition and
for the elimination of internal barriers within the
Department to technology transition.
(2) Submittal date.--The report under paragraph (1) shall
be submitted at the same time the budget of the President is
submitted to Congress pursuant to section 1105(a) of title
31, United States Code, for fiscal year 2007.

SEC. 243. PREVENTION, MITIGATION, AND TREATMENT OF BLAST
INJURIES.

(a) Designation of Executive Agent.--The Secretary of
Defense shall designate a senior official of the Department
of Defense as the executive agent responsible for
coordinating and managing the programs and efforts of the
Department of Defense with respect to the prevention,
mitigation, and treatment of blast injuries.
(b) General Responsibility.--The executive agent designated
under subsection (a) shall be responsible for ensuring that--
(1) the programs and efforts of the Department of Defense
on the prevention, mitigation, and treatment of blast
injuries are adequate to meet requirements relating to the
prevention, mitigation, and treatment of such injuries; and
(2) the resources devoted to such programs and efforts
facilitate the achievement of the objective specified in
paragraph (1).
(c) Research Efforts.--The executive agent designated under
subsection (a) shall--
(1) review and assess the adequacy of current research
efforts of the Department of Defense on the prevention,
mitigation, and treatment of such injuries;
(2) establish requirements for such research efforts in
order to enhance and accelerate such research efforts; and
(3) establish, coordinate, and oversee Department-wide
research efforts on the prevention, mitigation, and treatment
of such injuries, including--
(A) in the case of blast injury prevention, research on--
(i) blast characterization in a variety of environments;
(ii) modeling and simulation of safe blast stand-off
distances;
(iii) detect and defeat capabilities; and
(iv) such other matters as such official considers
appropriate;
(B) in the case of blast injury mitigation, research on--
(i) armor design and materials testing for blast and
ballistic protection;
(ii) the design of a comprehensive, integrated, flexible
armor system which provides blast, ballistic, and fire
protection for the head, neck, ears, eyes, torso, and
extremities; and
(iii) such other matters as such official considers
appropriate; and
(C) in the case of blast injury treatment, research on
emerging military medical technologies, pharmacological
agents, devices, and treatment and rehabilitation techniques.
(d) Studies.--The executive agent designated under
subsection (a) shall conduct studies on the prevention,
mitigation, and treatment of blast injuries, including--
(1) studies to improve the clinical evaluation and
treatment of 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-pressure wave; and
(2) studies to develop improved clinical protocols by which
physicians--
(A) can more accurately evaluate traumatic brain injuries
and discriminate between traumatic brain injuries and post
traumatic stress disorder (including improved diagnostic and
cognitive measures);
(B) can identify members of the Armed Forces who may have
both traumatic brain injury and post traumatic stress
disorder; and
(C) can develop integrated treatment approaches for
servicemembers who have both traumatic brain injuries and
post traumatic stress disorder and other multiple injuries.
(e) Pilot Projects.--The executive agent designated under
subsection (a) shall commence in fiscal year 2006 not less
than three pilot projects on the prevention, mitigation, and
treatment of blast injuries, including pilot projects--
(1) to study the incidence in returning soldiers of
traumatic brain injuries attributable to blast injuries;
(2) to develop protocols for medical tracking of members of
the Armed Forces for up to five years following blast
injuries; and
(3) to refine and improve educational interventions for
blast injury survivors and their families.
(f) Training Program.--The executive agent designated under
subsection (a) shall establish a training program for medical
and non-medical personnel on the prevention, mitigation, and
treatment of blast injuries which program shall be intended
to improve field and clinical training on early
identification of blast injury consequences, both seen and
unseen, including traumatic brain injuries, acoustic
injuries, and internal injuries.
(g) Treatment Program.--The executive agent designated
under subsection (a) shall conduct a treatment program
intended 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.
(h) Annual Reports on Blast Injury Matters.--
(1) Reports required.--Not later than February 15, 2006,
and annually thereafter through 2010, the Secretary of
Defense shall submit to the congressional defense committees
a report on the efforts of the Department of Defense to
prevent, mitigate, and treat 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 year preceding the report to improve the
prevention, mitigation, and treatment of blast injuries.
(B) A consolidated budget presentation for the programs and
activities of the Department of Defense during the fiscal
year beginning in the year of the report for the prevention,
mitigation, and treatment of blast injuries.
(C) A description of any gaps in the capabilities of the
Department under its programs and activities for the
prevention, mitigation, and treatment of blast injuries, and
a description of any plans or projects to address such gaps.
(D) A description of collaboration, if any, with other
departments and agencies of the Federal Government, and with
other countries, during the year preceding the report in
efforts for the prevention, mitigation, and treatment of
blast injuries.
(E) A description of any efforts during the year preceding
the report to disseminate findings on the mitigation and
treatment of blast injuries through civilian and military
research and medical communities.
(F) A description of the status of efforts during the year
preceding the report to design a comprehensive force
protection system that is effective in confronting blast,
ballistic, and fire threats.
(i) 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 explosive devices, rocket-propelled
grenades, and improvised explosive devices.

SEC. 244. MODIFICATION OF REQUIREMENTS FOR REPORTS ON PROGRAM
TO AWARD 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 Defense Advanced
Research Projects Agency in the preceding year under the
authority of this section.
``(2) The report for a 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, technology development, or prototype
development to be promoted by such competitions and the
relationship of such areas to the military missions of the
Department.

[[Page S10847]]

``(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 acquisition programs of the Department.
``(G) For each competition under the program, a statement
of the reasons why the competition was a preferable means of
promoting basic, advanced, or applied research, technology
development, or prototype development projects to other means
of promoting such projects, including contracts, grants,
cooperative agreements, or other transactions.''.

TITLE III--OPERATION AND MAINTENANCE

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, $24,951,460,000.
(2) For the Navy, $30,547,489,000.
(3) For the Marine Corps, $3,842,026,000.
(4) For the Air Force, $31,425,919,000.
(5) For Defense-wide activities, $18,584,469,000.
(6) For the Army Reserve, $1,989,382,000.
(7) For the Naval Reserve, $1,245,695,000.
(8) For the Marine Corps Reserve, $199,934,000.
(9) For the Air Force Reserve, $2,559,686,000.
(10) For the Army National Guard, $4,528,019,000.
(11) For the Air National Guard, $4,772,991,000.
(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.
(18) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $61,546,000.
(19) For Cooperative Threat Reduction programs,
$415,549,000.
(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, $1,471,340,000.
(2) For the National Defense Sealift Fund, $1,011,304,000.

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, $19,900,812,000, of which--
(1) $19,351,337,000 is for Operation and Maintenance;
(2) $174,156,000 is for Research, Development, Test, and
Evaluation; and
(3) $375,319,000 is for Procurement.
(b) Chemical Agents and Munitions Destruction, Defense.--
(1) 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, $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) Amounts authorized to be appropriated under paragraph
(1) are authorized for--
(A) the destruction of lethal chemical agents and munitions
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, $895,741,000.
(d) Defense Inspector General.--Funds are hereby authorized
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,
$209,687,000, of which--
(1) $208,687,000 is for Operation and Maintenance; and
(2) $1,000,000 is for Procurement.

Subtitle B--Environmental Provisions

SEC. 311. ELIMINATION AND SIMPLIFICATION OF CERTAIN ITEMS
REQUIRED IN THE ANNUAL REPORT ON ENVIRONMENTAL
QUALITY PROGRAMS AND OTHER ENVIRONMENTAL
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
departments 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
$500,000 and the provisions of law under which such fines or
penalties were imposed or assessed.'';
(3) by redesignating subparagraph (F) as subparagraph (E);
and
(4) in subparagraph (E), as redesignated by paragraph (3),
by striking ``and amounts for conferences'' and all that
follows through ``such activities''.

SEC. 312. PAYMENT OF CERTAIN PRIVATE CLEANUP COSTS IN
CONNECTION WITH THE DEFENSE ENVIRONMENTAL
RESTORATION PROGRAM.

(a) Payment for Activities at Former Defense Property That
is Subject to Covenant for Additional Remedial Action.--
Subsection (d) of section 2701 of title 10, United States
Code, is amended--
(1) in paragraph (1)--
(A) by striking ``paragraph (3)'' and inserting
``paragraphs (3) and (4)'';
(B) by inserting ``any owner of covenant property,'' after
``tribe,'' the first place it appears; and
(C) by inserting ``owner of covenant property,'' after
``tribe,'' the second place it appears;
(2) by redesignating paragraph (4) as paragraph (5);
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) Performance of services on covenant property.--An
owner of covenant property may not be paid on a reimbursable
or other basis for services performed under an agreement
under paragraph (1) unless such services are performed on
such covenant property.''; and
(4) in paragraph (5), as redesignated by paragraph (2), 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 section 120(h)(3)(A)(ii)(II) of
CERCLA (42 U.S.C. 9620(h)(3)(A)(ii)(II)).''.
(b) Applicable Cleanup Standards.--Paragraph (3) of such
subsection is further amended--
(1) by striking ``An agreement'' and inserting ``(A) An
agreement''; and
(2) by inserting at the end the following new subparagraph:
``(B) An agreement under paragraph (1) may not change the
cleanup standards applicable to the site as established by
law.''.
(c) Source of Funds for Former Base Closure and Realignment
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 Certain Environmental
Remediation at Base Realignment and Closure Sites.--In the
case of property disposed of pursuant to a base closure law
and subject to a covenant described in subsection (d)(5)(C)
of section 2701 of this title, the sole source of funds for
services under subsection (d)(1) of such section shall be the
base closure account established under the base closure law
under which such property was disposed of.''.

Subtitle C--Other Matters

SEC. 321. AIRCRAFT CARRIERS.

(a) Funding for Repair and Maintenance of U.S.S. John F.
Kennedy.--Of the amounts authorized to be appropriated for
operation and maintenance for the Navy by this Act and any
other Act for fiscal year 2005 and 2006, $288,000,000 shall
be available only for repair and maintenance to extend the
life of U.S.S. John F. Kennedy.
(b) Limitation on Reduction in Number of Active Aircraft
Carriers.--
(1) Limitation.--The Secretary of the Navy may not reduce
the number of active aircraft carriers of the Navy below 12
active aircraft carriers until the later of the following:
(A) The date that is 180 days after the date of the
submittal to Congress of the quadrennial defense review
required in 2005 under section 118 of title 10, United States
Code.
(B) The date on which the Secretary of Defense, in
consultation with the Chairman of the Joint Chiefs of Staff,
certifies to the congressional defense committees that such

[[Page S10848]]

agreements have been entered into to provide port facilities
for the permanent forward deployment of such number of
aircraft carriers as is necessary in the Pacific Command Area
of Responsibility to fulfill the roles and missions of that
Command, including agreements for the forward deployment of a
nuclear aircraft carrier after the retirement of the current
two conventional aircraft carriers.
(2) Active aircraft carriers.--For purposes of this
subsection, an active aircraft carrier of the Navy includes
an aircraft carrier that is temporarily unavailable for
worldwide deployment due to routine or scheduled maintenance.

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 Eastern 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'') until the later of--
(1) the date that is six months after the date on which the
Secretary submits to the congressional defense committees the
report required by subsection (b); or
(2) October 1, 2006.
(b) Report on Direct Funding for Puget Sound Naval
Shipyard.--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 the conversion of funding for Puget Sound
Naval Shipyard from funding through the working capital fund
of the Navy to funding on a direct basis.

SEC. 323. USE OF FUNDS FROM NATIONAL DEFENSE SEALIFT FUND TO
EXERCISE PURCHASE OPTIONS ON MARITIME
PREPOSITIONING SHIP VESSELS.

(a) Use of Funds.--Notwithstanding the provisions of
section 2218(f)(1) of title 10, United States Code, the
Secretary of Defense may obligate and expend any funds in the
National Defense Sealift Fund to exercise options to purchase
three Maritime Prepositioning Ship (MPS) vessels under
charter to the Navy as of the date of the enactment of this
Act, the contracts for which charters expire in 2009.
(b) National Defense Sealift Fund Defined.--In this
section, the term ``National Defense Sealift Fund'' means the
National Defense Sealift Fund established by section 2218 of
title 10, United States Code.

SEC. 324. PURCHASE AND DESTRUCTION OF WEAPONS OVERSEAS.

(a) Authority To Use Funds.--
(1) In general.--Subchapter I of chapter 134 of title 10,
United States Code, is amended by adding at the end the
following new section:

``Sec. 2249d. Use of appropriated funds for purchase and
destruction of weapons overseas

``(a) Purchase of Weapons.--Amounts appropriated or
otherwise available to the Department of Defense for
operation and maintenance may be used to purchase weapons
overseas from any person, foreign government, international
organization, or other entity for the purpose of protecting
United States forces engaged in military operations overseas.
``(b) Destruction of Weapons.--Weapons purchased under the
authority in subsection (a) may be destroyed.
``(c) Notice to Congress.--The Secretary of Defense shall
promptly notify the congressional defense committees of any
use of the authority in subsection (a) to purchase
weapons.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:

``2249d. Use of appropriated funds for purchase and destruction of
weapons overseas.''.

(b) Effective Date.--The amendments made by this section
shall take effect on October 1, 2005, and shall apply with
respect to funds appropriated or otherwise made available for
fiscal years after fiscal year 2005.

SEC. 325. INCREASE IN MAXIMUM CONTRACT AMOUNT FOR PROCUREMENT
OF SUPPLIES AND SERVICES FROM EXCHANGE STORES
OUTSIDE THE UNITED STATES.

Section 2424(b)(1) of title 10, United States Code, is
amended by striking ``$50,000'' and inserting ``$100,000''.

SEC. 326. EXTENSION OF AUTHORITY TO PROVIDE LOGISTICS SUPPORT
AND SERVICES FOR WEAPON SYSTEMS CONTRACTORS.

Section 365(g)(1) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
116 Stat. 2520; 10 U.S.C. 2302 note) is amended by striking
``September 30, 2007'' and inserting ``September 30, 2010''.

SEC. 327. ARMY TRAINING STRATEGY.

(a) Training Strategy.--
(1) Strategy required.--The Secretary of the Army shall
develop and implement a training strategy to ensure the
readiness of brigade-based combat teams and functional
supporting brigades.
(2) Elements.--The training strategy shall include the
following:
(A) A statement of the purpose of training for brigade-
based combat teams and supporting brigades.
(B) Performance goals for both active and reserve brigade-
based combat teams and supporting brigades, including goals
for live, virtual, and constructive training for each
component and brigade type.
(C) Metrics to quantify performance against the performance
goals specified under subparagraph (B).
(D) A process to report the accomplishment of collective
training by which Army leadership can monitor 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 to attain training goals.
(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 requirements to be fulfilled in order to implement the
training strategy developed under subsection (a).
(2) Elements.--The report shall include the following:
(A) A discussion of the training strategy developed under
subsection (a), including a description of performance goals
and metrics developed under that subsection.
(B) A discussion and description of the training range
requirements necessary to implement the training strategy.
(C) A discussion and description of the training aids,
devices, simulations and simulators necessary to implement
the training strategy.
(D) A list of the funding requirements, itemized by fiscal
year and specified in a format consistent with the future-
years defense program to accompany the budget of the
President for fiscal year 2007 under section 221 of title 10,
United States Code, necessary to fulfill the range
requirements described in subparagraph (B) and to provide the
training aids, devices, simulations, and simulators described
in subparagraphs (C).
(E) A schedule for the implementation of the training
strategy.
(F) A discussion of the challenges that the Army
anticipates in the implementation of the training strategy.
(c) Comptroller General Review of Implementation.--
(1) In general.--The Comptroller General of the United
States shall monitor the implementation of the training
strategy developed under subsection (a).
(2) Report.--Not later than 18 months after the date of the
enactment of this Act, 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. 328. LIMITATION ON FINANCIAL MANAGEMENT IMPROVEMENT AND
AUDIT INITIATIVES WITHIN THE DEPARTMENT OF
DEFENSE.

Amounts authorized to be appropriated to the Department of
Defense for fiscal year 2006 may not be obligated or expended
for the purposes of financial management improvement
activities relating to the preparation, processing, or
auditing of financial statements until the Secretary of
Defense prepares and submits to the congressional defense
committees 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 control
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 of the financial
management improvement activities to be undertaken are--
(A) consistent with the financial management improvement
plan submitted pursuant to paragraph (1); and
(B) likely to improve internal controls or otherwise result
in sustained improvements in the ability of the Department to
produce timely, reliable, and complete financial management
information.

SEC. 329. STUDY ON USE OF ETHANOL FUEL.

(a) In General.--The Secretary of Defense shall conduct a
study on the use of ethanol fuel by the Armed Forces and the
Defense Agencies.
(b) Elements.--The study shall include--
(1) an evaluation of the historical utilization of ethanol
fuel by the Armed Forces and the Defense Agencies, including
the quantity of 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 forecast of the requirements of the Armed Forces and
the Defense Agencies for ethanol fuel for each of fiscal
years 2007 through 2012;
(3) an assessment of the current and future commercial
availability of ethanol fuel, including facilities for the
production, storage, transportation, distribution, and
commercial sale of such fuel;
(4) an assessment of the utilization by the Department of
the commercial infrastructure for ethanol fuel as described
in paragraph (3);
(5) a review of the actions of the Department to coordinate
with State, local, and private entities to support the
expansion and

[[Page S10849]]

use of alternative fuel refueling stations that are
accessible to the public; and
(6) an assessment of the fueling infrastructure on military
installations in the United States, including storage and
distribution facilities, that could be adapted or converted
to the delivery of ethanol fuel, including--
(A) an assessment of cost of the adaptation or conversion
of such infrastructure to the delivery of ethanol fuel; and
(B) an assessment of the feasibility and advisability of
that adaptation or conversion.
(c) Report.--Not later than February 1, 2006, the Secretary
shall submit to the congressional defense committees a report
on the study conducted under subsection (a).
(d) Ethanol Fuel Defined.--In this section, the term
``ethanol fuel'' means fuel that is 85 percent ethyl alcohol.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2006, as follows:
(1) The Army, 522,400.
(2) The Navy, 352,700.
(3) The Marine Corps, 178,000.
(4) The Air Force, 357,400.

SEC. 402. REVISION OF PERMANENT ACTIVE DUTY END STRENGTH
MINIMUM LEVELS.

(a) Revision.--Section 691(b) of title 10, United States
Code, is amended by striking paragraphs (1) through (4) and
inserting the following:
``(1) For the Army, 522,400.
``(2) For the Navy, 352,700.
``(3) For the Marine Corps, 178,000.
``(4) For the Air Force, 357,400.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2005, and shall apply with
respect to fiscal years beginning on or after that date.

Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as
of September 30, 2006, as follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 73,100.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,800.
(6) The Air Force Reserve, 74,000.
(7) The Coast Guard Reserve, 10,000.
(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
(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 component shall be proportionately increased by
the total authorized strengths of such units and by the total
number of such individual members.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.

Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2006, the following 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 Naval 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 LIMITATIONS ON NON-DUAL STATUS
TECHNICIANS.

(a) Limitations.--(1) 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) The number of non-dual status technicians employed by
the Army Reserve as of September 30, 2006, may not exceed
695.
(3) The number of non-dual status technicians employed by
the Air Force Reserve as of September 30, 2006, may not
exceed 90.
(b) Non-Dual Status Technicians Defined.--In this section,
the term ``non-dual status technician'' has the meaning given
the term in section 10217(a) of title 10, United States Code.

Subtitle C--Authorizations of Appropriations

SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY
PERSONNEL.

There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
2006 a total of $109,179,601,000. 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
Retirement Home.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

SEC. 501. EXCLUSION OF GENERAL AND FLAG OFFICERS ON LEAVE
PENDING SEPARATION OR RETIREMENT FROM
COMPUTATION OF ACTIVE DUTY OFFICERS FOR GENERAL
AND FLAG OFFICER DISTRIBUTION AND STRENGTH
LIMITATIONS.

(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, an officer of that armed force in
the grade of brigadier general or above, or an officer in the
grade of rear admiral (lower half) or above in the Navy, who
is on leave pending the separation, retirement, or release of
such officer from active duty shall not be counted, but only
during the 60-day period beginning on the date of the
commencement of leave of such officer.''.
(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 on Leave Pending
Separation or Retirement.--The limitations of this section do
not apply to general or flag officers on leave pending
separation, retirement, or release from active duty as
described in 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 on Active Duty''.

SEC. 502. EXPANSION OF JOINT DUTY ASSIGNMENTS FOR RESERVE
COMPONENT GENERAL AND FLAG OFFICERS.

(a) Increase in Authorized Number.--Section 526(b)(2)(A) of
title 10, United States Code, is amended by striking ``10''
and inserting ``11''.
(b) Assignment to Joint Staff.--Such section is further
amended by inserting ``, and on the Joint Staff,'' after
``commands''.

SEC. 503. DEADLINE FOR RECEIPT BY PROMOTION SELECTION BOARDS
OF CORRESPONDENCE FROM ELIGIBLE OFFICERS.

(a) Officers on Active Duty List.--Section 614(b) of title
10, United States Code, is amended by inserting ``the date
before'' after ``not later than''.
(b) Officers on Reserve Active-Status List.--Section 14106
of such title is amended by inserting ``the date 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. 504. 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 the grade of lieutenant colonel, or commander in
the case of the Navy, or above, any information of an adverse
nature, including any substantiated adverse finding or
conclusion from an officially documented 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--

[[Page S10850]]

(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
redesignated, 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 the grade of lieutenant colonel, or commander in
the case of the Navy, or above, any information of an adverse
nature, including any substantiated adverse finding or
conclusion from an officially documented 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
redesignated, 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. 505. 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, has the grade of
lieutenant general. An officer appointed as Assistant Judge
Advocate 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, has the grade of vice admiral or
lieutenant 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, has the grade of
lieutenant general.''.
(d) Exclusion From Limitation on General and Flag Officer
Distribution.--Section 525(b) of such title is amended by
adding at the end the following new paragraph:
``(9) An officer while serving as the Judge Advocate
General of the Army, the Judge Advocate General of the Navy,
or the Judge Advocate General of the Air Force is in addition
to the number that would otherwise be permitted for that
officer's armed force for officers serving on active duty in
grades above major general or rear admiral under paragraph
(1) or (2), as the case may be.''.

SEC. 506. TEMPORARY EXTENSION OF AUTHORITY TO REDUCE MINIMUM
LENGTH OF COMMISSIONED SERVICE 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
(3) by adding at the end the following new paragraph:
``(2) The authority in paragraph (1) may be exercised
during 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.''.
(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
(3) by adding at the end the following new subparagraph:
``(B) The authority in subparagraph (A) may be exercised
during 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
(3) by adding at the end the following new paragraph:
``(2) The authority in paragraph (1) may be exercised
during 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.''.

SEC. 507. MODIFICATION OF STRENGTH IN GRADE LIMITATIONS
APPLICABLE TO RESERVE FLAG OFFICERS IN ACTIVE
STATUS.

(a) Line Officers.--Paragraph (1) of section 12004(c) of
title 10, United States Code, is amended in the item in the
table relating to Line officers by striking ``28'' and
inserting ``33''.
(b) Medical Department Staff Corps Officers.--Such
paragraph is further amended in the item in the table
relating to the Medical Department staff corps officers by
striking ``9'' 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. 508. UNIFORM AUTHORITY FOR DEFERMENT OF SEPARATION OF
RESERVE GENERAL AND FLAG OFFICERS FOR AGE.

(a) In General.--Section 14512 of title 10, United States
Code, is amended to read as follows:

``Sec. 14512. Separation at age 64

``(a) In General.--The Secretary of the military department
concerned may, subject to subsection (b), defer the
retirement under section 14510 or 14511 of this title of a
reserve officer of the Army, Air Force, or Marine Corps in a
grade above colonel, or a reserve officer of the Navy in a
grade above captain, and retain such officer in active status
until such officer becomes 64 years of age.
``(b) Limitation on Number of Deferments.--(1) Not more
than 10 officers may be deferred by the Secretary of a
military department under subsection (a) at any one time.
``(2) Deferments by the Secretary of the Navy may be
distributed between the Naval Reserve and the Marine Corps
Reserve as the Secretary determines appropriate.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 1407 of such title is amended by
striking the item relating to section 14512 and inserting the
following new item:

``14512. Separation at age 64.''.

Subtitle B--Enlisted Personnel Policy

SEC. 521. 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) No person may be
enlisted in any armed force unless such person is a citizen
or national of the United States, a habitual resident of the
Federal States of Micronesia, the Republic of Palau, or the
Republic of the Marshall Islands, or has been lawfully
admitted to the United States for permanent residence under
the applicable provisions of the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
``(2) The Secretary concerned may waive the applicability
of paragraph (1) to a person if such Secretary determines
that the enlistment of such person is vital to the national
interest.''.
(b) Repeal of Superseded Limitations for the Army and Air
Force.--Sections 3253 and 8253 of such title are repealed.
(c) Clerical Amendments.--
(1) The table of sections at the beginning of chapter 333
of such title is amended by striking the item relating to
section 3253.
(2) The table of sections at the beginning of chapter 833
of such title is amended by striking the item relating to
section 8253.

Subtitle C--Reserve Component Personnel Matters

SEC. 531. REQUIREMENTS FOR PHYSICAL EXAMINATIONS AND MEDICAL
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) in paragraph (1), by striking ``examined'' and all that
follows through the semicolon and inserting ``provided a
comprehensive physical examination on an annual basis;''; 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
beginning of chapter 1007 of such title is amended by
striking ``periodic''.

SEC. 532. REPEAL OF LIMITATION ON AMOUNT OF FINANCIAL
ASSISTANCE UNDER RESERVE OFFICERS' TRAINING
CORPS SCHOLARSHIP PROGRAM.

(a) In General.--Section 2107(c) of title 10, United States
Code, is amended--
(1) by striking paragraph (4);
(2) by redesignating paragraph (5) as paragraph (4); and
(3) in subparagraph (B) of paragraph (4), as so
redesignated, by striking ``, (3), or (4)'' and inserting
``or (3)''.
(b) Army Reserve and Army National Guard Members.--Section
2107a(c) of such title is amended--

[[Page S10851]]

(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
(c) Conforming Amendment.--Section 524(c) of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 118 Stat. 1889) is amended by
striking ``paragraph (5)'' and all that follows through
``subsection (b)'' and inserting ``paragraph (4) of section
2107(c) of title 10, United States Code (as added by
subsection (a) of this section and redesignated by section
532(a)(2) of the National Defense Authorization Act for
Fiscal Year 2006), and under paragraph (3) of section
2107a(c) of title 10, United States Code (as added by
subsection (b) of this section and redesignated by section
532(b)(2) of such Act)''.

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 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 paragraph (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 submitted 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 midshipman 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. INCREASE IN MAXIMUM NUMBER OF ARMY RESERVE AND ARMY
NATIONAL GUARD CADETS UNDER RESERVE OFFICERS'
TRAINING CORPS.

Section 2107a(h) of title 10, United States Code, is
amended by striking ``208 cadets'' and inserting ``416
cadets''.

SEC. 535. 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.''.

SEC. 536. REPEAL OF LIMITATION ON AUTHORITY TO REDESIGNATE
THE NAVAL RESERVE AS THE NAVY RESERVE.

Section 517(a) 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 amended by striking
``, which date'' and all that follows through the end and
inserting a period.

SEC. 537. PERFORMANCE BY RESERVE COMPONENT PERSONNEL OF
OPERATIONAL TEST AND EVALUATION AND TRAINING
RELATING TO NEW EQUIPMENT.

(a) Pilot Program.--The Secretary of the Army shall carry
out a pilot program to evaluate the feasibility and
advisability of--
(1) utilizing members of the reserve components of the
Army, rather than contractor personnel, to perform test,
evaluation, new equipment training, and related activities
for one or more acquisition programs selected by the
Secretary for purposes of the pilot program; and
(2) utilizing funds otherwise available for multi-year
purposes for such activities in appropriations for research,
development, test, and evaluation, and for procurement, in
order to reimburse appropriations for personnel for the costs
of pay, allowances, and expenses of such members in the
performance of such activities.
(b) Nonwaiver of Personnel and Training Policies and
Procedures.--Nothing in this section may be construed to
authorize any deviation from established personnel or
training policies or procedures that are applicable to the
reserve components of the personnel used under the pilot
program.
(c) Reimbursement Authority.--
(1) In general.--Subject to paragraph (2), the Secretary
may transfer from appropriations for research, development,
test, and evaluation, or for procurement, for an acquisition
program under the pilot program under subsection (a) to
appropriations for reserve component personnel of the Army
amounts necessary to reimburse appropriations for reserve
component personnel of the Army for pay, allowances, and
expenses of reserve component personnel of the Army in
performing activities under the pilot program.
(2) Limitation.--The amount that may be transferred under
paragraph (1) in any fiscal year may not exceed $10,000,000.
(3) Merger of funds.--Amounts transferred to an account
under paragraph (1) shall be merged with other amounts in
such account, and shall be available for the same period, and
subject to the same limitations, as the amounts with which
merged.
(4) Relationship to other transfer authority.--The
authority to transfer funds under paragraph (1) is in
addition to any other authority to transfer funds under law.
(d) Termination.--The authority to carry out the pilot
program under subsection (a) shall expire on September 30,
2010.
(e) Report.--Not later than March 1, 2010, the Secretary of
the Army shall, in consultation with the Secretary of
Defense, submit to the congressional defense committees a
report on the pilot program under subsection (a). The report
shall include--
(1) a comprehensive description of the pilot program,
including the acquisition programs covered by the pilot
program and the activities performed by members of the
reserve components of the Army under the pilot program;
(2) an assessment of the benefits, including cost savings
and other benefits, of the performance of activities under
the pilot program by members of the reserve components of the
Army rather than by contractor personnel; and
(3) any recommendations for legislative or administrative
action that the Secretary considers appropriate in light of
the pilot program.

Subtitle D--Military Justice and Related Matters

SEC. 551. MODIFICATION OF PERIODS OF PROSECUTION BY COURTS-
MARTIAL FOR MURDER, RAPE, AND CHILD ABUSE.

(a) Unlimited Period for Murder and 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'' and inserting ``with murder or rape,
or with any other offense''.
(b) Extended Period for Child Abuse.--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 all that follows through
the period and inserting ``by an officer exercising summary
court-martial jurisdiction with respect to that person during
the life of the victim or the date that is five years after
the date of the offense, whichever is the later date.'';
(2) in subparagraph (B)--
(A) in the matter preceding clause (i), by striking
``sexual or physical''; and
(B) in clause (v), by striking ``Indecent assault,'' and
inserting ``Kidnapping, indecent assault,''; and
(3) by adding at the end the following new subparagraph:
``(C) In subparagraph (A), the term `child abuse offense'
also 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 section 1591 of title
18.''.

SEC. 552. ESTABLISHMENT OF OFFENSE OF STALKING.

(a) Establishment of Offense.--Subchapter X of chapter 47
of title 10, United States Code (the Uniform Code of Military
Justice), is amended by inserting after section 893 (article
93) the following new section (article):

``Sec. 893a. Art. 93a. Stalking

``(a) Any person subject to this chapter--

[[Page S10852]]

``(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 himself 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) For purposes of this section:
``(1) The term `course of conduct' means--
``(A) a repeated maintenance of visual or physical
proximity 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 or relative 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.''.
(b) Clerical amendment.--The table of sections at the
beginning of subchapter X of such chapter is amended by
inserting after the item relating to section 893 (article 93)
the following new item:

``893a. Art. 93a. Stalking.''.

SEC. 553. CLARIFICATION OF AUTHORITY OF MILITARY LEGAL
ASSISTANCE COUNSEL.

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
subsection (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) In this subsection, the term `military legal
assistance' includes--
``(A) legal assistance provided under this section; and
``(B) legal assistance contemplated by sections 1044a,
1044b, 1044c, and 1044d of this title.''.

SEC. 554. ADMINISTRATIVE CENSURES OF MEMBERS OF THE ARMED
FORCES.

(a) Authority To Issue Administrative Censures.--
(1) Authority of secretary of defense.--The Secretary of
Defense may issue, in writing, an administrative censure to
any member of the Armed Forces.
(2) Authority of secretaries of military departments.--The
Secretary of a military department may issue, in writing, an
administrative censure to any member of the Armed Forces
under the jurisdiction of such Secretary.
(3) Regulations.--Administrative censures shall be issued
under this section pursuant to regulations prescribed by the
Secretary of Defense. The regulations shall apply uniformly
throughout the military departments.
(b) Administrative Censure.--For purposes of this section,
an administrative censure is a statement of adverse opinion
or criticism with respect to the conduct or performance of
duty of a member of the Armed Forces.
(c) Finality.--An administrative censure issued under this
section is final and may not be appealed by the member of the
Armed Forces concerned.
(d) Construction.--The authority under this section to
issue administrative censures with respect to the conduct or
performance of duty of a member of the Armed Forces is in
addition to the authority to impose non-judicial punishment
with respect to such conduct or performance of duty under
section 815 of title 10, United States Code (article 15 of
the Uniform Code of Military Justice).

SEC. 555. REPORTS BY OFFICERS AND SENIOR ENLISTED PERSONNEL
OF MATTERS RELATING TO VIOLATIONS OR ALLEGED
VIOLATIONS 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, whether on the active-duty list or on the
reserve active-status list, shall submit to an authority in
the military department concerned designated pursuant to such
regulations a timely report on any investigation, arrest,
charge, detention, adjudication, or 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 such member is on active duty at the time of the conduct
that provides the basis of such investigation, arrest,
charge, detention, adjudication, or conviction. The
regulations shall apply uniformly throughout the military
departments.
(2) Covered members.--In this section, the term ``covered
member of the Armed Forces'' means the following:
(A) An officer.
(B) An enlisted member in the grade of E-7 or above.
(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.--
(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
jurisdictions 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
Secretary for purposes of such regulations).
(d) Actions Subject To Report.--
(1) In general.--The regulations prescribed pursuant to
subsection (a) shall specify each action of a law enforcement
authority of the United States for which a report under that
subsection shall be required.
(2) Multiple reports on single conduct.--If the conduct of
a covered member of the Armed Forces would provide the basis
for actions of a law enforcement authority of the United
States warranting more than one report under this section,
the regulations shall specify which of such actions such be
subject to a report under this section.
(e) Timeliness of Reports.--The regulations prescribed
pursuant to subsection (a) shall establish requirements for
the timeliness of reports under this section.
(f) 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 an investigation,
arrest, charge, detention, adjudication, or 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
regulations.
(g) Deadline for Regulations.--The regulations required by
subsection (a), including the requirement in subsection (f),
shall go into effect not later than January 1, 2006.

Subtitle E--Military Service Academies

SEC. 561. AUTHORITY TO RETAIN PERMANENT MILITARY PROFESSORS
AT THE NAVAL ACADEMY AFTER MORE THAN 30 YEARS
OF SERVICE.

(a) Authority To Retain.--
(1) In general.--Chapter 603 of title 10, United States
Code, is amended by inserting after section 6952 the
following new section:

``Sec. 6952a. Faculty: retention of permanent military
professors

``(a) Retirement for Years of Service.--(1) Except as
provided in subsection (b), an officer serving as a permanent
military professor at the Naval Academy in the grade of
commander who is not on a list of officers recommended for
promotion to the grade of captain 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
serving as a permanent military professor at the Naval
Academy in the grade of captain who is not on a list of
officers recommended for promotion to the grade of rear
admiral (lower half) 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 be continued on active
duty by the Secretary of the Navy after the date otherwise
provided for retirement under such subsection--
``(A) upon the recommendation of the Superintendent of the
Naval Academy; and
``(B) with the concurrence of the Chief of Naval
Operations.
``(2) The Secretary of the Navy shall determine the period
of continuation on active duty of an officer under this
subsection.
``(c) Eligibility for Promotion.--A permanent military
professor at the Naval Academy who has been retained on
active duty as a permanent military professor after more than
28 years of active commissioned service in the grade of
commander under subsection (b) is eligible for consideration
for promotion to the grade of captain.''.

[[Page S10853]]

(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 6952 the following new item:

``6952a. Faculty: retention of permanent military professors.''.
(b) Conforming Amendments.--
(1) Section 633 of such title is amended--
(A) by striking ``and an officer'' and inserting ``, an
officer''; and
(B) by inserting ``, and an officer who is a permanent
military professor at the Naval Academy to whom section 6952a
of this title applies,'' after ``section 6383 of this title
applies''.
(2) Section 634 of such title is amended by inserting ``and
an officer who is a permanent military professor at the Naval
Academy to whom section 6952a of this title applies,'' after
``section 6383(a)(4) of this title''.

Subtitle F--Administrative Matters

SEC. 571. 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--
``(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; or
``(ii) is assigned to a deployable ship or mobile unit or
to other duty designated for the purpose of this section.''.

SEC. 572. LIMITATION ON CONVERSION OF MILITARY MEDICAL AND
DENTAL BILLETS TO CIVILIAN POSITIONS.

(a) Limitation.--Commencing as of the date of the enactment
of this Act, no military medical or dental billet may be
converted to a civilian position until 90 days after the date
on which the Secretary of Defense certifies to the
congressional defense committees each of the following:
(1) That the conversion of military medical or dental
billets to civilian positions, whether before the date of the
enactment or as scheduled after the limitation under this
subsection no longer applies, will not result in an increase
in civilian health care costs.
(2) That the conversion of such billets to such positions
meets the joint medical and dental readiness requirements of
the uniformed services, as determined jointly by all the
uniformed services.
(3) That, as determined pursuant to market surveys
conducted under subsection (b), the civilian medical and
dental care providers available in each affected area are
adequate to fill the civilian positions created by the
conversion of such billets to such positions in such affected
area.
(b) Market Surveys.--The Secretary of Defense shall conduct
in each affected area a survey of the availability of
civilian medical and dental care providers in such area in
order to determine, for purposes of subsection (a)(3),
whether or not the civilian medical and dental care providers
available in such area are adequate to fill the civilian
positions created by the conversion of medical and dental
billets to civilian positions in such area.
(c) Definitions.--In this section:
(1) The term ``affected area'' means an area in which the
conversion of military medical or dental billets to civilian
positions has taken place as of the date of the enactment of
this Act or is scheduled to take place after the limitation
under subsection (a) no longer applies.
(2) The term ``uniformed services'' has the meaning given
that term in section 1072(1) of title 10, United States Code.

Subtitle G--Defense Dependents Education Matters

SEC. 581. 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) The Secretary of Defense may, under
regulations to be prescribed by the Secretary, authorize the
enrollment in schools of the defense dependents' education
system on a tuition-free basis 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) The Secretary may utilize funds available for the
defense dependents' education system, including funds for
construction, in order to provide for the education of
children enrolled in the defense dependents' education system
under subsection (a).''.

SEC. 582. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES WITH
SIGNIFICANT ENROLLMENT INCREASES IN MILITARY
DEPENDENT STUDENTS DUE TO TROOP RELOCATIONS,
CREATION OF NEW UNITS, AND REALIGNMENTS UNDER
BRAC.

(a) Availability of Assistance.--To assist communities in
making adjustments resulting from the creation of new units
and other large-scale relocations of members of the Armed
Forces between military installations, the Secretary of
Defense may make payments to local educational agencies
described in subsection (b) that, during the period between
the end of the school year preceding the fiscal year for
which the payments are authorized and the beginning of the
school year immediately preceding that school year, had an
overall increase in the number of military dependent students
enrolled in schools of such local educational agencies equal
to or greater than 250 military dependent students.
(b) Eligible Local Educational Agencies.--A local
educational agency is eligible for assistance under this
section for a fiscal year only if the Secretary of Defense
determines that--
(1) the local educational agency is eligible for
educational agencies assistance for the same fiscal year; and
(2) the required overall increase in the number of military
dependent students enrolled in schools of that local
educational agency, as provided in subsection (a), occurred
as a result of the relocation of military personnel due to--
(A) the global rebasing plan of the Department of Defense;
(B) the official creation or activation of one or more new
military units; or
(C) the realignment of forces as a result of the base
closure process.
(c) Notification.--Not later than June 30, 2006, and June
30 of each of the next two fiscal years, the Secretary of
Defense shall notify each local educational agency that is
eligible for assistance under this section for such fiscal
year of--
(1) the eligibility of the local educational agency for the
assistance; and
(2) the amount of the assistance for which that local
educational agency is eligible, as determined under
subsection (d).
(d) Amount of Assistance.--
(1) In general.--In making assistance available to local
educational agencies under this section, the Secretary of
Defense shall, in consultation with the Secretary of
Education, make assistance available to such local
educational agencies for a fiscal year on a pro rata basis
based on the size of the overall increase in the number of
military and Department of Defense civilian dependent
students enrolled in schools of those local educational
agencies for such fiscal year.
(2) Limitation.--No local educational agency may receive
more than $1,000,000 in assistance under this section for any
fiscal year.
(e) 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.
(f) Consultation.--The Secretary of Defense shall carry out
this section in consultation with the Secretary of Education.
(g) Reports.--
(1) Reports required.--Not later than May 1 of each of
2007, 2008, and 2009, the Secretary of Defense shall submit
to the congressional defense committees a report on the
assistance provided under this section during the fiscal year
preceding the date of such report.
(2) Element.--Each report on the assistance provided during
a fiscal year under this section shall include an assessment
and description of the current compliance of each local
educational agency receiving such assistance with the
requirements of the No Child Left Behind Act of 2001 (Public
Law 107-110).
(h) Funding.--Of the amount authorized to be appropriated
to the Department of Defense for fiscal years 2006, 2007, and
2008 for operation and maintenance for Defense-wide
activities, $15,000,000 shall be available for each such
fiscal year only for the purpose of providing assistance to
local educational agencies under this section.
(i) Termination.--The authority of the Secretary of Defense
to provide financial assistance under this section shall
expire on September 30, 2008.
(j) 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 ``educational agencies assistance'' means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 20 U.S.C. 7703 note).
(3) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(4) 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.

SEC. 583. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES.

(a) Continuation of Department of Defense Program for
Fiscal Year 2006.--Of the amount authorized to be
appropriated pursuant to section 301(5) for operation and
maintenance for Defense-wide activities, $30,000,000 shall be
available only for the purpose of providing educational
agencies assistance to local educational agencies.
(b) Notification.--Not later than June 30, 2006, the
Secretary of Defense shall notify

[[Page S10854]]

each local educational agency that is eligible for
educational agencies assistance for fiscal year 2006 of--
(1) that agency's eligibility for the assistance; and
(2) the amount of the assistance for which that agency is
eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall
disburse funds made available under subsection (a) not later
than 30 days after the date on which notification to the
eligible local educational agencies is provided pursuant to
subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 20 U.S.C. 7703 note).
(2) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(3) The term ``basic support payment'' means a payment
authorized under section 8003(b)(1) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(b)(1)).

SEC. 584. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.

Of the amount authorized to be appropriated pursuant to
section 301(5) for operation and maintenance for Defense-wide
activities, $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).

Subtitle H--Other Matters

SEC. 591. POLICY AND PROCEDURES ON CASUALTY ASSISTANCE TO
SURVIVORS OF MILITARY DECEDENTS.

(a) Comprehensive Policy on Casualty Assistance.--
(1) Policy required.--Not later than January 1, 2006, the
Secretary of Defense shall develop and 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
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 shall be based on--
(A) the experience and best practices of the military
departments;
(B) the recommendations of nongovernment organizations 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 traditional 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
military decedents, including notification of survivors of
the performance of autopsies.
(3) The qualifications, assignment, training, duties,
supervision, and accountability for the performance of
casualty assistance 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-management
procedures for casualty assistance by each military
department, including rapid access by survivors of military
decedents and casualty assistance officers to expert case
managers and counselors.
(6) The provision, at no cost to survivors of military
decedents, of personalized, integrated information on the
benefits 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 matters, on an expedited, prioritized basis.
(8) The provision of financial counseling to survivors of
military decedents, particularly with respect to appropriate
disposition of death gratuity and insurance proceeds received
by surviving spouses, minor dependent children, and their
representatives.
(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
administered 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 March
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
Programs.--Not later than May 1, 2006, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives 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
survivors 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
administrative 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 August 1, 2006, the
Comptroller General of the United States shall submit to the
congressional defense committees 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 survivors 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
assistance programs covered by the report to achieve their
intended purposes.

SEC. 592. MODIFICATION AND ENHANCEMENT OF MISSION AND
AUTHORITIES OF THE NAVAL POSTGRADUATE SCHOOL.

(a) Combat-Related Focus for Naval Postgraduate School.--
(1) In general.--Section 7041 of title 10, United States
Code, is amended by striking ``for the advanced instruction''
and all that follows and inserting ``for the provision of
advanced instruction, and professional and technical
education, to commissioned officers of the naval service to
enhance combat effectiveness and the national security.''.
(2) Conforming amendment.--Section 7042(b)(1) of such title
is amended by striking ``and technical education'' and
inserting ``, and technical and professional education,''.
(b) Expanded Eligibility of Enlisted Personnel for
Instruction.--Section 7045 of such title is amended--
(1) in subsection (a)(2)--
(A) by redesignating subparagraph (C) as subparagraph (D);
(B) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) The Secretary may permit an eligible member of the
armed forces to receive instruction from the Postgraduate
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)''.

SEC. 593. EXPANSION AND ENHANCEMENT OF AUTHORITY TO PRESENT
RECOGNITION ITEMS FOR RECRUITMENT AND RETENTION
PURPOSES.

(a) In General.--(1) Subchapter II of chapter 134 of title
10, United States Code, is amended by adding at the end the
following new section:

``Sec. 2261. Presentation of recognition items for
recruitment and retention purposes

``(a) Expenditures for Recognition Items.--Under
regulations 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, including members of
the reserve components of the armed forces; and
``(B) to members of the families of members of the armed
forces, and to other individuals recognized as providing
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
implement 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) Definition.--The term `recognition items of nominal
or modest value' means commemorative coins, medals, trophies,
badges, flags, posters, paintings, or other similar items
that are valued at less than $50 per item and are designed to
recognize or commemorate service in the armed forces.

[[Page S10855]]

``(d) Termination of Authority.--The authority under this
section shall expire December 31, 2007.''.
(2) 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.--(A) Section 18506 of title 10, United
States Code, is repealed.
(B) The table of sections at the beginning of chapter 1805
of such title is amended by striking the item relating to
section 18506.
(2) National guard.--(A) Section 717 of title 32, United
States Code, is repealed.
(B) The table of sections at the beginning of chapter 7 of
such title is amended by striking the item relating to
section 717.

SEC. 594. REQUIREMENT FOR REGULATIONS ON POLICIES AND
PROCEDURES ON PERSONAL COMMERCIAL SOLICITATIONS
ON DEPARTMENT OF DEFENSE INSTALLATIONS.

(a) Requirement.--Not later than January 1, 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 insurance and securities, on Department of Defense
installations.
(b) Repeal of Superseded Limitations.--The following
provisions 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
Appropriations Act, 2005 (Public Law 108-287; 118 Stat.
1002).

SEC. 595. FEDERAL ASSISTANCE FOR STATE PROGRAMS UNDER THE
NATIONAL GUARD YOUTH CHALLENGE PROGRAM.

(a) In General.--Section 509(d) of title 32, United States
Code, is amended by striking paragraphs (1), (2), (3), and
(4) and inserting the following new paragraphs:
``(1) for fiscal year 2006, 65 percent of the costs of
operating the State program during that fiscal year;
``(2) for fiscal year 2007, 70 percent of the costs of
operating the State program during that fiscal year; and
``(3) for fiscal year 2008 and each subsequent fiscal year,
75 percent of the costs of operating the State program during
such fiscal year.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2005.

SEC. 596. 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:

``Sec. 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 requirements 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.
``(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.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

SEC. 601. ELIGIBILITY FOR ADDITIONAL PAY OF PERMANENT
MILITARY PROFESSORS AT THE UNITED STATES NAVAL
ACADEMY WITH OVER 36 YEARS OF SERVICE.

Section 203(b) of title 37, United States Code, is amended
by inserting ``, the United States Naval Academy,'' after
``the United States Military Academy''.

SEC. 602. 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.--Section 211(d) 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);
(C) in clause (ii) of subparagraph (A), as so redesignated,
by striking the period at the end and inserting ``; or''; and
(D) by adding at the end the following new subparagraph
(B):
``(B) in the case of a member first enlisting in the armed
forces, 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)'';
and
(3) by adding at the end 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 contribution to the Fund under
section 8440e of title 5 (other than under subsection (d)(2)
thereof). The second sentence of paragraph (2) applies to the
Secretary's obligation to make contributions under this
paragraph to the same extent as such paragraph applies to the
Secretary's obligation to make contributions under such
paragraph.''.
(b) Effective Date.--The amendments made by this section
shall take effect on October 1, 2005.

SEC. 603. PERMANENT AUTHORITY FOR SUPPLEMENTAL SUBSISTENCE
ALLOWANCE FOR LOW-INCOME MEMBERS WITH
DEPENDENTS.

Section 402a of title 37, United States Code, is amended by
striking subsection (i).

SEC. 604. MODIFICATION OF PAY CONSIDERED AS SAVED PAY UPON
APPOINTMENT OF AN ENLISTED MEMBER AS AN
OFFICER.

(a) In General.--Section 907(d) of title 37, United States
Code, is amended to read as follows:
``(d) 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 continues to perform the duty creating the
entitlement to or eligibility for such pay and would
otherwise be eligible to receive such pay in the officer's
former grade:
``(1) Incentive pay for hazardous duty under section 301 of
this title.
``(2) Submarine duty incentive pay under section 301c of
this title.
``(3) Diving duty special pay under section 304 of this
title.
``(4) Hardship duty special pay under section 305 of this
title.
``(5) Career sea pay under section 305a of this title.
``(6) Special pay for service as a member of a Weapons of
Mass Destruction Civil Support Team under section 305b of
this title.
``(7) Assignment incentive pay under section 307a of this
title.
``(8) Hostile fire pay or imminent danger pay under section
310 of this title.
``(9) Special pay for extension of overseas tour of duty
under section 314 of this title.
``(10) Foreign language proficiency pay under section 316
of this title.
``(11) Critical skill retention bonus under section 323 of
this title, if payable in periodic installments.''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act,
and shall apply with respect to acceptances of enlisted
members of appointments as officers on or after that date.

Subtitle B--Bonuses and Special and Incentive Pays

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 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 Non-Prior Service Enlistment Bonus.--
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 September 30, 2006.''.
(d) Ready Reserve Enlistment and Reenlistment Bonus.--
Section 308h(g) of such title is amended by striking
``December 31, 2005'' and inserting ``December 31, 2006''.
(e) Prior Service Enlistment Bonus.--Section 308i(f ) of
such title is amended by striking ``December 31, 2005'' and
inserting ``December 31, 2006''.

SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES 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

[[Page S10856]]

in the Selected Reserve.--Section 16302(d) of such title is
amended by striking ``before January 1, 2006'' and inserting
``on or before December 31, 2006''.
(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 Professionals
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 ``the date of the
enactment of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 and ending on
September 30, 2005'' and inserting ``October 30, 2000, and
ending on December 31, 2006''.

SEC. 613. ONE-YEAR 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
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. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND SPECIAL PAY
AUTHORITIES.

(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. 615. PAYMENT AND REPAYMENT OF ASSIGNMENT INCENTIVE PAY.

(a) Flexible Payment.--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.'';
(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.''; and
(3) by striking subsection (c) and inserting the following
new subsection (c):
``(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 $1,500.
``(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 paragraph
(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
agreement 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.''.
(b) Repayment.--Such section is further amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c), as amended by
subsection (a)(3) of this section, the following new
subsection (d):
``(d) Repayment of Incentive Pay.--(1)(A) A member who,
pursuant 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.
``(B) The Secretary concerned may waive repayment of an
amount of incentive pay under subparagraph (A), whether 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. 616. INCREASE IN AMOUNT OF SELECTIVE REENLISTMENT BONUS
FOR CERTAIN SENIOR SUPERVISORY NUCLEAR
QUALIFIED ENLISTED PERSONNEL.

(a) In General.--Section 308 of title 37, United States
Code, is amended--
(1) by redesignating subsections (b) through (g) as
subsections (c) through (h), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b)(1) An enlisted member of the naval service who--
``(A) has completed at least ten, but not more than
fourteen, years of active duty;
``(B) is currently qualified for duty in connection with
the supervision, operation, and maintenance of naval nuclear
propulsion plants;
``(C) is qualified in a military skill designated as
critical by the Secretary of Defense; and
``(D) reenlists or voluntarily extends the member's
enlistment for a period of at least three years in the
regular component of the naval service,

may be paid a bonus as provided in paragraph (2).
``(2) The bonus to be paid a member under paragraph (1) may
not exceed the lesser of the following amounts:
``(A) The amount determined with respect to the member in
accordance with subsection (a)(2)(A).
``(B) $75,000.
``(3) Subsection (a)(3) applies to the computation under
paragraph (2)(A) of any bonus payable under this subsection.
``(4) Subsection (a)(4) applies to the payment of any bonus
payable under this subsection.''.
(b) Effective Date.--The amendments made by this section
shall take effect on October 1, 2005, and shall apply with
respect to reenlistments or voluntary extensions of
enlistments that occur on or after that date.

SEC. 617. 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:

``Sec. 308c. Special pay: bonus for affiliation or enlistment
in the Selected Reserve

``(a) Affiliation Bonus Authorized.--Under regulations
prescribed by the Secretary of Defense, 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.
``(c) Accession Bonus Authorized.--Under regulations
prescribed by the Secretary of Defense, 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

[[Page S10857]]

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 $10,000.
``(e) Payment Method.--Upon acceptance of a written
agreement 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 for Failure to Commence or Complete
Obligated Service.--(1) An individual who, after being paid
all or part of a bonus under an agreement under subsection
(a) or (c), 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
such agreement shall repay to the United States the amount of
such 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 paragraph (1) shall be made in whole or in part, the
method for computing 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) 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
beginning 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
(B) by striking the item relating to section 308e.
(d) Effective Date.--The amendments made by this section
shall take effect on October 1, 2005, and shall apply with
respect to agreements entered into under section 308c of
title 37, United States Code (as amended by subsection (a)),
on or after that date.

SEC. 618. 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:

``Sec. 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 priority units.''.

(d) Effective Date.--The amendments made by this section
shall take effect on October 1, 2005, and shall apply to
inactive-duty training performed on or after that date.

SEC. 619. RETENTION INCENTIVE BONUS FOR MEMBERS OF THE
SELECTED RESERVE QUALIFIED IN A CRITICAL
MILITARY SKILL OR SPECIALTY.

(a) Bonus Authorized.--
(1) In general.--Chapter 5 of title 37, United States Code,
is amended by inserting after section 308j the following new
section:

``Sec. 308k. Special pay: retention incentive bonus for
members of the Selected Reserve qualified in a critical
military skill or specialty

``(a) Retention Bonus Authorized.--An eligible officer or
enlisted member of the armed forces may be paid a retention
bonus as provided in this section if--
``(1) in the case of an officer or warrant officer, the
member executes a written agreement to remain in the Selected
Reserve for at least 2 years;
``(2) in the case of an enlisted member, the member
reenlists or voluntarily extends the member's enlistment in
the Selected Reserve for a period of at least 2 years; or
``(3) in the case of an enlisted member serving on an
indefinite reenlistment, the member executes a written
agreement to remain in the Selected Reserve for at least 2
years.
``(b) Eligible Members.--Subject to subsection (d), an
officer or enlisted member is eligible for a bonus under this
section if the member--
``(1) is qualified in a military skill or specialty
designated as critical for purposes of this section under
subsection (c); or
``(2) agrees to train or retrain in a military skill or
specialty so designated as critical.
``(c) Designation of Critical Skills or Specialties.--The
Secretary of Defense shall designate the military skills and
specialties that shall be treated as critical military skills
and specialties for purposes of this section.
``(d) Certain Members Ineligible.--A bonus may not be paid
under subsection (a) to a member of the armed forces who--
``(1) has completed more than 25 years of qualifying
service under section 12732 of title 10; or
``(2) will complete the member's twenty-fifth year of
qualifying service under section 12732 of title 10 before the
end of the period of service for which the bonus is being
offered.
``(e) Maximum Bonus Amount.--A member may enter into an
agreement under this section, or reenlist or voluntarily
extend the member's enlistment, more than once to receive a
bonus under this section. However, a member may not receive a
total of more than $100,000 in payments under this section.
``(f) Payment Methods.--(1) A bonus under subsection (a)
may be paid in a single lump sum or in installments.
``(2) In the case of a member who agrees to train or
retrain in a military skill or specialty designated as
critical under subsection (b)(2), no payment may be made
until the member successfully completes the training or
retraining and is qualified in such skill or specialty.
``(g) Relationship To Other Incentives.--A bonus paid to a
member under subsection (a) is in addition to any other pay
and allowances to which the member is entitled under any
other provision of law.
``(h) Repayment for Failure to Commence or Complete
Obligated Service.--(1) An individual who, after receiving
all or part of the bonus under an agreement, or a
reenlistment or voluntary extension of enlistment, referred
to in subsection (a), 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, or under such reenlistment or
voluntary extension of enlistment, as applicable, shall repay
to the United States such bonus, except under conditions
established by the Secretary concerned.
``(2) The Secretary concerned shall establish, in
accordance with the regulations prescribed under subsection
(i)--
``(A) whether repayment of a bonus under paragraph (1) is
required in whole or in part;
``(B) the method for computing the amount of such
repayment; and
``(C) the conditions under which an exception to repayment
otherwise required under that paragraph 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 5 years after the termination of an
agreement under subsection (a), or a reenlistment or
voluntary extension of enlistment under subsection (a), does
not discharge the individual signing the agreement,
reenlisting, or voluntarily extending enlistment, as
applicable, from a debt arising under paragraph (1).
``(i) Regulations.--This section shall be administered
under regulations prescribed by the Secretary of Defense.
``(j) Termination of Authority.--No bonus may be paid under
this section with respect to any agreement, reenlistment, or
voluntary extension of enlistment in the armed forces entered
into after December 31, 2006.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by inserting
after the item relating to section 308j the following new
item:

``308k. Special pay: retention incentive bonus for members of the
Selected Reserve qualified in a critical military skill
or specialty.''.

(b) Effective Date.--The amendments made by this section
shall take effect on October 1, 2005.

SEC. 620. TERMINATION OF LIMITATION ON DURATION OF PAYMENT OF
IMMINENT DANGER SPECIAL PAY DURING
HOSPITALIZATION.

(a) Termination of Limitation.--Section 310(b) of title 37,
United States Code, is amended by striking ``not more than
three additional months'' and inserting ``any month, or any
portion of a month,''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act,
and shall apply with respect to months beginning on or after
that date.

SEC. 621. AUTHORITY FOR RETROACTIVE PAYMENT OF IMMINENT
DANGER SPECIAL PAY.

Section 310 of title 37, United States Code, is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and

[[Page S10858]]

(2) by inserting after subsection (a) the following new
subsection:
``(b) Date of Commencement of Payment of Imminent Danger
Pay.--Payment of special pay under this section to a member
covered by subsection (a)(2)(D) may be made from any date, as
determined by the Secretary of Defense, on or after which
such member was assigned to duty in a foreign area determined
by the Secretary to be covered by such subsection.''.

SEC. 622. AUTHORITY TO PAY FOREIGN LANGUAGE PROFICIENCY PAY
TO MEMBERS ON ACTIVE DUTY AS A BONUS.

(a) Authority To Pay.--Section 316 of title 37, United
States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``or Bonus'' after ``Special Pay''; and
(B) by inserting ``or a bonus'' after ``monthly special
pay'';
(2) in subsection (d)--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The amount of the bonus paid under subsection (a) may
not exceed $12,000 for the one-year period covered by the
certification of the member. 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.''; and
(3) in subsection (f)(1)(C), by inserting ``or a bonus''
after ``special pay''.
(b) Effective Date.--The amendments made by this section
shall take effect on October 1, 2005.

SEC. 623. INCENTIVE BONUS FOR TRANSFER BETWEEN THE ARMED
FORCES.

(a) In General.--Chapter 5 of title 37, United States Code,
is amended by adding at the end the following new section:

``Sec. 327. Incentive bonus: transfer between armed forces

``(a) Incentive Bonus Authorized.--A bonus under this
section 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
transferred.
``(b) Eligible Members.--A member is eligible to enter into
an agreement under subsection (a) if, as of the date of the
agreement, 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 of Bonus.--(1) 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 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
beginning of chapter 5 of such title is amended by adding at
the end the following new item:

``327. Incentive bonus: transfer between armed forces.''.
Subtitle C--Travel and Transportation Allowances

SEC. 631. TRANSPORTATION OF FAMILY MEMBERS IN CONNECTION WITH
THE REPATRIATION OF SERVICEMEMBERS OR CIVILIAN
EMPLOYEES HELD CAPTIVE.

(a) Military Captives.--(1) Chapter 7 of title 37, United
States Code, is amended by inserting after section 411i the
following new section:

``Sec. 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
concerned, travel and transportation described in subsection
(d) may be provided for not more than 3 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 concerned may provide travel and transportation
described in subsection (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 and transportation described in subsection
(d) may be provided to not more than 2 persons related to and
selected by the member.
``(b) Covered Members.--A member described in this
subsection is a member of the uniformed services who--
``(1) is serving on active duty;
``(2) was held captive, as determined by the Secretary
concerned; 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
transportation 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 established 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.''.
(2) The table of sections at the beginning 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 incident to the repatriation of members held
captive.''.

(b) Civilian Captives.--(1) Chapter 57 of title 5, United
States Code, is amended by adding at the end the following
new section:

``Sec. 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 provided for not more than 3 family members of an
employee described in subsection (b).
``(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 subsection (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

[[Page S10859]]

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
subsection 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
transportation 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 established 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.''.
(2) The table of sections at the beginning 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 incident to the repatriation of employees held
captive.''.

Subtitle D--Retired Pay and Survivor Benefits

SEC. 641. ENHANCEMENT OF DEATH GRATUITY AND ENHANCEMENT OF
LIFE INSURANCE BENEFITS FOR CERTAIN COMBAT
RELATED DEATHS.

(a) Increased Amount of Death Gratuity.--
(1) Increased amount.--Section 1478(a) of title 10, United
States Code, is amended by striking ``$12,000'' and inserting
``$100,000''.
(2) Effective date.--The amendment made by this subsection
shall take effect on October 7, 2001, and shall apply with
respect to deaths occurring on or after that date.
(3) Coordination with other enhancements.--If the date of
the enactment of this Act occurs before October 1, 2005--
(A) effective as of such date of enactment, the amendments
made to section 1478 of title 10, United States Code, by the
Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Tsunami Relief, 2005 (Public Law
109-13) are repealed; and
(B) effective immediately before the execution of the
amendment made by paragraph (1), the provisions of section
1478 of title 10, United States Code, as in effect on the
date before the date of the enactment of the Act referred to
in subparagraph (A), shall be revived.
(b) Servicemembers' Group Life Insurance Enhancements.--
(1) Increased maximum amount of sgli.--Section 1967 of
title 38, United States Code, is amended--
(A) in subsection (a)(3)(A), by striking clause (i) and
inserting the following new clause:
``(i) In the case of a member--
``(I) $400,000 or such lesser amount as the member may
elect as provided in subparagraph (B);
``(II) in the case of a member covered by subsection (e),
the amount provided for or elected by the member under
subclause (I) plus the additional amount of insurance
provided for the member by subsection (e); or
``(III) in the case of a member covered by subsection (e)
who has made an election under paragraph (2)(A) not to be
insured under this subchapter, the amount of insurance
provided for the member by subsection (e).''; and
(B) in subsection (d), by striking ``$250,000'' and
inserting ``$400,000''.
(2) Increments of decreased amounts electable by members.--
Subsection (a)(3)(B) of such section is amended by striking
``member or spouse'' in the last sentence and inserting
``member, be evenly divisible by $50,000 and, in the case of
a member's spouse''.
(3) Additional amount for members serving in certain areas
or operations.--
(A) Increased amount.--Section 1967 of such title is
further amended--
(i) by redesignating subsection (e) as subsection (f); and
(ii) by inserting after subsection (d) the following new
subsection (e):
``(e)(1) A member covered by this subsection is any member
as follows:
``(A) Any member who dies as a result of one or more
wounds, injuries, or illnesses incurred while serving in an
operation or area that the Secretary of Defense designates,
in writing, as a combat operation or a zone of combat,
respectively, for purposes of this subsection.
``(B) Any member who formerly served in an operation or
area so designated and whose death is determined (under
regulations prescribed by the Secretary of Defense) to be the
direct result of injury or illness incurred or aggravated
while so serving.
``(2) The additional amount of insurance under this
subchapter that is provided for a member by this subsection
is $150,000, except that in a case in which the amount
provided for or elected by the member under subsection
(a)(3)(A)(i)(I) exceeds $250,000, the additional amount of
insurance under this subchapter that is provided for the
member by this subsection shall be reduced to such amount as
is necessary to comply with the limitation in paragraph (3).
``(3) The total amount of insurance payable for a member
under this subchapter may not exceed $400,000.
``(4) While a member is serving in an operation or area
designated as described in paragraph (1), the cost of
insurance of the member under this subchapter that is
attributable to $150,000 of insurance coverage shall, at the
election of the Secretary concerned--
``(A) be contributed as provided in section 1969(b)(2) of
this title, rather through deduction or withholding from the
member's pay; or
``(B) if deducted or withheld from the member's pay, be
reimbursed to the member through such mechanism as the
Secretary concerned determines appropriate.''.
(B) Funding.--Section 1969(b) of such title is amended--
(i) by inserting ``(1)'' after ``(b)''; and
(ii) by adding at the end the following new paragraph:
``(2) For each month for which a member insured under this
subchapter is serving in an operation or area designated as
described by paragraph (1)(A) of section 1967(e) of this
title, there may, at the election of the Secretary concerned
under paragraph (4)(A) of such section, be contributed from
the appropriation made for active duty pay of the uniformed
service concerned an amount determined by the Secretary and
certified to the Secretary concerned to be the cost of
Servicemembers' Group Life Insurance which is traceable to
the cost of providing insurance for the member under section
1967 of this title in the amount of $150,000.''.
(4) Conforming amendment.--Section 1967(a)(2)(A) of such
title is amended by inserting before the period at the end
the following: ``, except with respect to insurance provided
under paragraph (3)(A)(i)(III)''.
(5) Coordination with vgli.--Section 1977(a) of such title
is amended--
(A) by striking ``$250,000'' each place it appears and
inserting ``$400,000''; and
(B) by adding at the end of paragraph (1) the following new
sentence: ``Any additional amount of insurance provided a
member under section 1967(e) of this title may not be treated
as an amount for which Veterans' Group Life Insurance shall
be issued under this section.''.
(6) Requirements regarding elections of members to reduce
or decline insurance.--Section 1967(a) of such title is
further amended--
(A) in paragraph (2), by adding at the end the following
new subparagraph:
``(C) Pursuant to regulations prescribed by the Secretary
of Defense, notice of an election of a member with a spouse
not to be insured under this subchapter, or to be insured
under this subchapter in an amount less than the maximum
amount provided under paragraph (3)(A)(i)(I), shall be
provided to the spouse of the member.''; and
(B) in paragraph (3), by adding at the end the following
new subparagraph:
``(D) Whenever a member who is not married elects not to be
insured under this subchapter, or to be insured under this
subchapter in an amount less than the maximum amount provided
for under subparagraph (A)(i)(I), the Secretary concerned
shall provide a notice of such election to any person
designated by the member as a beneficiary or designated as
the member's next-of-kin for the purpose of emergency
notification, as determined under regulations prescribed by
the Secretary of Defense.''.
(7) Requirement regarding redesignation of beneficiaries.--
Section 1970 of such title is amended by adding at the end
the following new subsection:
``(j) A member with a spouse may not modify the beneficiary
or beneficiaries designated by the member under subsection
(a) without providing written notice of such modification to
the spouse.''.
(8) Effective date.--This subsection and the amendments
made by this subsection shall take effect on October 1, 2005,
immediately after the termination of the amendments made to
sections 1967, 1969, 1970, and 1977 of title 38, United
States Code, by the Emergency Supplemental Appropriations Act
for Defense, the Global War on Terror, and Tsunami Relief,
2005 (Public Law 109-13).

SEC. 642. IMPROVEMENT OF MANAGEMENT OF ARMED FORCES
RETIREMENT HOME.

(a) Redesignation of Chief Operating Officer as Chief
Executive Officer.--
(1) In general.--Section 1515 of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 415) is amended--
(A) by striking ``Chief Operating Officer'' each place it
appears and inserting ``Chief Executive Officer''; and
(B) in subsection (e)(1), by striking ``Chief Operating
Officer's'' and inserting ``Chief Executive Officer's''.

[[Page S10860]]

(2) Conforming amendments.--Such Act is further amended by
striking ``Chief Operating Officer'' each place it appears in
a provision as follows and inserting ``Chief Executive
Officer'':
(A) In section 1511 (24 U.S.C. 411).
(B) In section 1512 (24 U.S.C. 412).
(C) In section 1513(a) (24 U.S.C. 413(a)).
(D) In section 1514(c)(1) (24 U.S.C. 414(c)(1)).
(E) In section 1516(b) (24 U.S.C. 416(b)).
(F) In section 1517 (24 U.S.C. 417).
(G) In section 1518(c) (24 U.S.C. 418(c)).
(H) In section 1519(c) (24 U.S.C. 419(c)).
(I) In section 1521(a) (24 U.S.C. 421(a)).
(J) In section 1522 (24 U.S.C. 422).
(K) In section 1523(b) (24 U.S.C. 423(b)).
(L) In section 1531 (24 U.S.C. 431).
(3) Clerical amendments.--(A) The heading of section 1515
of such Act is amended to read as follows:

``SEC. 1515. CHIEF EXECUTIVE OFFICER.''.

(B) The table of contents for such Act is amended by
striking the item relating to section 1515 and inserting the
following new item:

``Sec. 1515. Chief Executive Officer.''.

(4) References.--Any reference in any law, regulation,
document, record, or other paper of the United States to the
Chief Operating Officer of the Armed Forces Retirement Home
shall be considered to be a reference to the Chief Executive
Officer of the Armed Forces Retirement Home.
(b) Physicians and Dentists for Each Retirement Home
Facility.--Section 1513 of such Act (24 U.S.C. 413) is
amended--
(1) in subsection (a), by striking ``subsection (b)'' and
inserting ``subsections (b), (c), and (d)''; and
(2) by adding at the end the following new subsection:
``(c) Physicians and Dentists for Each Retirement Home
Facility.--(1) In providing for the health care needs of
residents under subsection (c), the Retirement Home shall
have in attendance at each facility of the Retirement Home,
during the daily business hours of such facility, a physician
and a dentist, each of whom shall have skills and experience
suited to residents of such facility.
``(2) In providing for the health care needs of residents,
the Retirement shall also have available to residents of each
facility of the Retirement Home, on an on-call basis during
hours other than the daily business hours of such facility, a
physician and a dentist each of whom have skills and
experience suited to residents of such facility.
``(3) In this subsection, the term `daily business hours'
means the hours between 9 o'clock ante meridian and 5 o'clock
post meridian, local time, on each of Monday through
Friday.''.
(c) Transportation to Medical Care Outside Retirement Home
Facilities.--Section 1513 of such Act is further amended--
(1) in the third sentence of subsection (b), by inserting
``, except as provided in subsection (d),'' after ``shall
not''; and
(2) by adding at the end the following new subsection:
``(d) Transportation to Medical Care Outside Retirement
Home Facilities.--The Retirement Home shall provide to any
resident of a facility of the Retirement Home, upon request
of such resident, transportation to any medical facility
located not more than 30 miles from such facility for the
provision of medical care to such resident. The Retirement
Home may not collect a fee from a resident for transportation
provided under this subsection.''.
(d) Military Director for Each Retirement Home.--Section
1517(b)(1) of such Act (24 U.S.C. 417(b)(1)) is amended by
striking ``a civilian with experience as a continuing care
retirement community professional or''.
Subtitle E--Other Matters

SEC. 651. PAYMENT OF EXPENSES OF MEMBERS OF THE ARMED FORCES
TO OBTAIN PROFESSIONAL CREDENTIALS.

(a) Payment Authorized.--Chapter 101 of title 10, United
States Code, is amended by inserting after section 2007 the
following new section:

``Sec. 2007a. Payment of expenses of members of the armed
forces to obtain professional credentials

``(a) Payment Authorized.--Except as provided in subsection
(b), the Secretary of Defense may pay for--
``(1) expenses of members of the armed forces to obtain
professional credentials, including expenses of professional
accreditation, State-imposed and professional licenses, and
professional certification; and
``(2) examinations to obtain such credentials.
``(b) Exception.--The authority in subsection (a) may not
be exercised on behalf of any member of the armed forces for
expenses to obtain the basic qualifications for membership in
a profession or officer community.
``(c) Funds Available.--Funds appropriated or otherwise
made available to the Secretary of Defense may be used to pay
expenses under subsection (a).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``2007a. Payment of expenses of members of the armed forces to obtain
professional credentials.''.

SEC. 652. PILOT PROGRAM ON CONTRIBUTIONS TO THRIFT SAVINGS
PLAN FOR INITIAL ENLISTEES IN THE ARMED FORCES.

(a) Pilot Program Required.--During fiscal year 2006, the
Secretary of the Army shall carry out within the Army a pilot
program in order to assess the extent to which contributions
by the military departments to the Thrift Savings Fund on
behalf of members of the Armed Forces described in subsection
(b) would--
(1) assist the Armed Forces in recruiting efforts; and
(2) assist such members in establishing habits of financial
responsibility during their initial enlistments in the Armed
Forces.
(b) Covered Members.--A member of the Armed Forces
described in this subsection is a member of the Armed Forces
who is serving in the Armed Forces 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 enlistments in
the Armed Forces.

SEC. 653. MODIFICATION OF REQUIREMENT FOR CERTAIN
INTERMEDIARIES 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 Secretary of Defense)''.

SEC. 654. EXTENSION OF EFFECTIVE DATE.

Section 6 of the Higher Education Relief Opportunities for
Students Act of 2003 (20 U.S.C. 1070 note) is amended by
striking ``September 30, 2005'' and inserting ``September 30
2007''.
TITLE VII--HEALTH CARE
Subtitle A--Benefits Matters

SEC. 701. CLARIFICATION OF ELIGIBILITY OF RESERVE OFFICERS
FOR HEALTH CARE PENDING ACTIVE DUTY FOLLOWING
ISSUANCE OF ORDERS TO ACTIVE DUTY.

Section 1074(a)(2)(B)(iii) of title 10, United States Code,
is amended by inserting before the semicolon the following:
``, or the orders have been issued but the member has not
entered on active duty''.

SEC. 702. LIMITATION ON DEDUCTIBLE AND COPAYMENT REQUIREMENTS
FOR NURSING HOME RESIDENTS UNDER THE PHARMACY
BENEFITS PROGRAM.

Section 1074g(a)(6) of title 10, United States Code, is
amended by adding at the end the following new subparagraph:
``(C) In the case of a beneficiary who is a resident of a
nursing home and who is required, by State law, to use
nursing home pharmacy services utilizing pre-packaged
pharmaceuticals, any deductible or copayment requirements for
such pharmaceuticals under the cost sharing requirements may
not exceed such deductible or copayment requirements as are
applicable under the cost sharing requirements to a
beneficiary who uses a network provider pharmacy under the
pharmacy benefits program.''.

SEC. 703. ELIGIBILITY OF SURVIVING ACTIVE DUTY SPOUSES OF
DECEASED MEMBERS FOR ENROLLMENT AS DEPENDENTS
IN A TRICARE DENTAL PLAN.

Section 1076a(k)(2) of title 10, United States Code, is
amended--
(1) by striking ``under subsection (f), or'' and inserting
``under subsection (f),''; and
(2) by inserting after ``is not enrolled because the
dependent is a child under the minimum age for enrollment,''
the following: ``or is not enrolled because the dependent is
a spouse who did not qualify for enrollment on the date of
the member's death because the spouse was also on active duty
for a period of more than 30 days on the date of the member's
death,''.

[[Page S10861]]

SEC. 704. 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.

(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 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 enrollment 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. 705. EXPANDED ELIGIBILITY OF MEMBERS OF THE SELECTED
RESERVE UNDER THE TRICARE PROGRAM.

(a) General Eligibility.--Subsection (a) of section 1076d
of title 10, United States Code, is amended--
(1) by striking ``(a) Eligibility.--A member'' and
inserting ``(a) Eligibility.--(1) Except as provided in
paragraph (2), a member'';
(2) by striking ``after the member completes'' and all that
follows through ``one or more whole years following such
date''; and
(3) by adding at the end the following new paragraph:
``(2) Paragraph (1) does not apply to a member who is
enrolled, or is eligible to enroll, in a health benefits plan
under chapter 89 of title 5.''.
(b) Condition for Termination of Eligibility.--Subsection
(b) of such section is amended by striking ``(b) Period of
Coverage.--(1) TRICARE Standard'' and all that follows
through ``(3) Eligibility'' and inserting ``(b) Termination
of Eligibility Upon Termination of Service.--Eligibility''.
(c) Conforming Amendments.--
(1) Such section is further amended--
(A) by striking subsection (e); and
(B) by redesignating subsection (g) as subsection (e) and
transferring such subsection within such section so as to
appear following subsection (d).
(2) The heading for such section is amended to read as
follows:

``Sec. 1076d. TRICARE program: TRICARE Standard coverage for
members of the Selected Reserve''.

(d) Repeal of Obsolete Provision.--Section 1076b of title
10, United States Code, is repealed.
(e) Clerical Amendments.--The table of sections at the
beginning of chapter 55 of title 10, United States Code, is
amended--
(1) by striking the item relating to section 1076b; and
(2) by striking the item relating to section 1076d and
inserting the following:

``1076d. TRICARE program: TRICARE Standard coverage for members of the
Selected Reserve.''.

(f) Savings Provision.--Enrollments in TRICARE Standard
that are in effect on the day before the date of the
enactment of this Act under section 1076d of title 10, United
States Code, as in effect on such day, shall be continued
until terminated after such day under such section 1076d as
amended by this section.
Subtitle B--Planning, Programming, and Management

SEC. 711. TRICARE STANDARD COORDINATORS IN TRICARE REGIONAL
OFFICES.

(a) Coordinator in Each Regional Office.--
(1) In general.--In each TRICARE Regional Office there
shall be a position the responsibilities of which shall be
the monitoring, oversight, and improvement of the TRICARE
Standard option in the TRICARE region concerned.
(2) Designation.--The position under paragraph (1) in a
TRICARE Regional Office shall be filled by an individual in
such Regional Office designated for that purpose.
(b) Duties of Position.--
(1) In general.--The specific duties of the positions
required under subsection (a) shall be as set forth in
regulations prescribed by the Secretary of Defense, in
consultation with the other administering Secretaries.
(2) Elements.--The duties shall include--
(A) identifying health care providers who will participate
in the TRICARE program and provide the TRICARE Standard
option under that program;
(B) communicating with beneficiaries who receive the
TRICARE Standard option;
(C) outreach to community health care providers to
encourage their participation in the TRICARE program; and
(D) publication of information that identifies health care
providers in the TRICARE region concerned who provide the
TRICARE Standard option.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report setting forth the
plans to implement the requirements of the section.
(d) Definitions.--In this section:
(1) The terms ``administering Secretaries'' and ``TRICARE
program'' have the meaning given such terms in section 1072
of title 10, United States Code.
(2) The term ``TRICARE Standard'' means the Civilian Health
and Medical Program of the Uniformed Services option under
the TRICARE program.

SEC. 712. REPORT ON DELIVERY OF HEALTH CARE BENEFITS THROUGH
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
departments during fiscal years 2003, 2004, and 2005 in
recruitment and retention of military and civilian medical
and dental personnel, 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
education 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) other improvements in the efficiency of the military
health care system; and
(5) any other matters the Secretary considers appropriate
to improve the efficiency and quality of military health care
benefits.

SEC. 713. COMPTROLLER GENERAL REPORT ON DIFFERENTIAL PAYMENTS
TO CHILDREN'S HOSPITALS FOR HEALTH CARE FOR
CHILDREN DEPENDENTS UNDER TRICARE.

(a) Study.--The Comptroller General of the United States
shall conduct a study of the effectiveness of the current
system of differential payments to children's hospitals for
health care services for severely ill 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.
(b) Elements of Study.--The study required by subsection
(a) 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 differential
payments to children's hospitals for health care services
described in that subsection, including an assessment of--

[[Page S10862]]

(A) the extent to which the calculation of such
differential payments takes into account the complexity and
extraordinary resources required for the provision of such
health care services;
(B) the extent to which such differential payments provide
appropriate compensation to such hospitals for the provision
of such services; and
(C) any obstacles or challenges to the development of
future modifications to the system of differential payments.
(3) An assessment of the adequacy of the access of
dependent children described in that subsection to
specialized hospital services for their illnesses under the
TRICARE program.
(c) Reports.--Not later than May 1, 2006, the Comptroller
General shall submit to the Secretary of Defense and the
congressional defense committees a report on the study
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 in order to
achieve the objective described in that subsection.
(d) 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 (c).
(2) Implementation of modifications.--If the report under
paragraph (1) includes recommendations of the Comptroller
General for modifications of the current system of
differential payments to children's hospitals, 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.
(e) 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
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
compared with the costs associated with such procedures for
adults and other children.
(2) TRICARE program.--The term ``TRICARE program'' has the
meaning given that term in section 1072(7) of title 10,
United States Code.

SEC. 714. 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. 715. 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) The surveys required by paragraph (1) shall include
questions designed to determine from health care providers
participating in such surveys whether such providers are
aware of the TRICARE program, what percentage of the current
patient population of such providers receive any benefit
option under the TRICARE program, and whether such providers
accept patients under the medicare program or new patients
under the medicare program.''.

SEC. 716. MODIFICATION OF HEALTH CARE QUALITY INFORMATION AND
TECHNOLOGY ENHANCEMENT REPORT REQUIREMENTS.

Section 723(e) of the National Defense Authorization Act
for Fiscal Year 2000 (10 U.S.C. 1071 note) is amended by
striking paragraphs (1) through (4) and inserting the
following new paragraphs:
``(1) Quality measures, including structure, process, and
outcomes concerning--
``(A) patient safety;
``(B) timeliness and accessibility of care;
``(C) patient satisfaction; and
``(D) the use of evidence-based practices.
``(2) Population health.
``(3) Biosurveillance.''.

SEC. 717. MODIFICATION OF AUTHORITIES RELATING TO PATIENT
CARE REPORTING AND MANAGEMENT SYSTEM.

(a) Repeal of Requirement to Locate Department of Defense
Patient Safety Center Within 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 into lay by Public Law 106-398; 114 Stat.
1654A-196) is amended by striking ``within the Armed Forces
Institute of Pathology''.
(b) Renaming of MedTeams Program.--The caption of
subsection (d) of such section is amended by striking
``MedTeams'' and inserting ``Medical Team Training''.

SEC. 718. QUALIFICATIONS FOR INDIVIDUALS SERVING AS TRICARE
REGIONAL DIRECTORS.

(a) Qualifications.--Effective as of the date of the
enactment of this Act, no individual may serve in the
position of Regional Director under the TRICARE program
unless the individual--
(1) is--
(A) an officer of the Armed Forces in a general or flag
officer grade; or
(B) a civilian employee of the Department of Defense in the
Senior Executive Service; and
(2) has at least 10 years of experience, or equivalent
expertise 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--Other Matters

SEC. 731. REPORT ON ADVERSE HEALTH EVENTS ASSOCIATED WITH USE
OF ANTI-MALARIAL DRUGS.

(a) Study Required.--
(1) In general.--The Secretary of Defense shall conduct a
study of adverse health events that may be associated with
use of anti-malarial drugs, including mefloquine.
(2) Participation of certain researchers.--The Secretary
shall ensure the participation in the study of
epidemiological and clinical researchers of the Federal
Government outside the Department of Defense, and of
epidemiological and clinical researchers outside the Federal
Government.
(b) Matters Covered.--The study required by subsection (a)
shall include the following:
(1) A comparison of adverse health events that may be
associated with different anti-malarial drugs, including
mefloquine.
(2) An analysis of the extent to which mefloquine may be a
risk factor contributing to suicides among members of the
Armed Forces.
(c) Report.--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 study
required by subsection (a).

SEC. 732. 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
shall carry out not less than three 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 Traumatic
Stress Disorder (PTSD) and other mental health conditions.
(b) Pilot Project Requirements.--
(1) Mobilization-demobilization facility.--
(A) In general.--One of the pilot projects under subsection
(a) shall 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 diagnostic 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.--One of the pilot projects under subsection
(a) shall 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.
(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 Disorder 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.
(3) Internet-based diagnosis and treatment.--One of the
pilot projects under subsection (a) shall be designed to
evaluate--
(A) Internet-based automated tools available to military
and civilian health care providers for the early diagnosis
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.

[[Page S10863]]

(c) Report.--Not later than June 1, 2006, the Secretary
shall submit to the congressional defense committees a report
on the pilot projects to be carried out under this section.
The report shall include a description of each such pilot
project, including the location of the pilot projects under
paragraphs (2) and (3) of subsection (b), and the scope and
objectives of each such pilot project.

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS

Subtitle A--Acquisition Policy and Management

SEC. 801. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF THE
DEPARTMENT OF DEFENSE.

(a) Inspector General Reviews and Determinations.--
(1) In general.--For each non-defense agency of the Federal
Government that procured property or services in excess of
$100,000,000 on behalf of the Department of Defense during
fiscal year 2005, 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 made significant progress
during 2005 toward ensuring 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 such paragraph is correct in the case of a non-defense
agency, those Inspectors General shall, not later than March
15, 2007, jointly--
(A) conduct a second review, as described in paragraph
(1)(A), 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 Requirements.--For
the purposes of this section, a 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 30 days after the date of
the enactment of this Act, the Inspector General of the
Department of Defense and the Inspector General of each non-
defense agency referred to in subsection (a) 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 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 paragraphs (1) and (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 March 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 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 March 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 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 requirements.
(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 particular 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
determination with respect to a non-defense agency under
paragraph (1) is in effect for the period, not in excess of
one year, that the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall specify in the
written determination. The Under Secretary may extend from
time 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 non-defense agency
on the date on which the Inspector General of the Department
of Defense and the Inspector General of that 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 Particular
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) Inapplicability to Certain GSA Contracts.--This section
does not apply as follows:
(1) To Client Support Centers of the Federal Technology
Service of the General Services Administration, which are
subject to review under section 802 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375; 118 Stat. 2004; 10 U.S.C. 2302).
(2) To any purchase through the multiple award schedules
established by the Administrator of General Services, as
described in section 2302(2)(C) of title 10, United States
Code, unless such purchase is made through--
(A) a non-defense agency other than the General Services
Administration; or
(B) a business unit of the General Services Administration
that is not responsible for administering the multiple award
schedules program.
(i) Definitions.--In this section:
(1) The term ``non-defense agency'' means a department or
agency of the Federal Government outside the Department of
Defense, except as excluded under subsection (h).
(2) The term ``governmentwide acquisition contract'', with
respect to a 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 one or more other departments or
agencies of the Federal Government.

SEC. 802. CONTRACT SUPPORT ACQUISITION CENTERS.

(a) Establishment.--
(1) Organization; duties.--Subchapter I of chapter 8 of
title 10, United States Code, is amended by adding at the end
the following new section:

``Sec. 197. Contract Support Acquisition Centers

``(a) Establishment.--(1) The Secretary of Defense shall
establish within the Defense Logistics Agency a Defense
Contract Support Acquisition Center.
``(2) The Secretary of each military department shall
establish a Contract Support Acquisition Center for that
military department.
``(b) Director.--(1) The Director of a Contract Support
Acquisition Center is the head of the Center.
``(2)(A) The Secretary of Defense shall appoint the
Director of the Defense Contract Support Acquisition Center.
``(B) The Secretary of a military department shall appoint
the Director of the Contract Support Acquisition Center of
that department.
``(3) The Director of a Contract Support Acquisition Center
shall be selected from among commissioned officers of the
armed forces on active duty and senior civilian officers and
employees of the Department of Defense who have substantial
experience in the acquisition of contract services.
``(c) Duties Regarding Acquisitions.--(1)(A) The Director
of the Defense Contract Support Acquisition Center shall act
as the executive agent within the Department of Defense for
each acquisition of contract services in excess of the
simplified acquisition threshold for the Department of
Defense, other than an acquisition referred to in
subparagraph (B).
``(B) The Director of the Contract Support Acquisition
Center of a military department shall act as the executive
agent within that military department for each acquisition of
contract services in excess of the simplified acquisition
threshold for such military department.
``(2) In carrying out paragraph (1), the Director of a
Center shall--
``(A) develop and maintain policies, procedures, and best
practices guidelines addressing the acquisition of contract
services for the Secretary appointing the Director, including
policies, procedures, and best practices guidelines for--

[[Page S10864]]

``(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) assign responsibility for carrying out the
acquisition of contract services to employees of the Center
and other appropriate organizational elements under the
jurisdiction of that Secretary;
``(C) dedicate fulltime commodity managers to coordinate
the acquisition of key categories of services;
``(D) ensure that contract services being acquired to meet
the Secretary's requirements for those services are acquired
by means of a contract, or a task or delivery order, that--
``(i) is in the best interests of the Department of Defense
or, in the case of the Director of the Center for a military
department, the best interests of that military department;
and
``(ii) is entered into or issued, and is managed, in
compliance with applicable laws, regulations, and directives,
and other applicable requirements;
``(E) ensure that competitive procedures and performance-
based contracting are used to the maximum extent practicable
for the acquisition of contract services for that Secretary;
and
``(F) monitor data collection under section 2330a of this
title and periodically conduct a spending analysis to ensure
that funds expended for the acquisition of contract services
for the Secretary are being expended in the most rational and
economical manner practicable.
``(d) Duties Regarding Acquisition Personnel.--The
Directors of the Contract Support Acquisition Centers shall
work with appropriate officials of the Department of
Defense--
``(1) to identify the critical skills and competencies
needed to carry out the acquisition of contract services on
behalf of the Department of Defense; and
``(2) to develop a comprehensive strategy for recruiting,
training, and deploying employees to meet the requirements
for those skills and competencies.
``(e) Scope of Authority.--The authority of the Director of
a Contract Support Acquisition Center under this section
applies to acquisitions in excess of the simplified
acquisition threshold.
``(f) Exclusivity of Authority.--(1) After September 30,
2009, no officer or employee of the Federal Government
outside the Defense Contract Support Acquisition Center may,
without the prior written approval of the Director of the
Center or the Secretary of Defense, engage in a procurement
action for the acquisition of contract services for the
Department of Defense that is valued in excess of the
simplified acquisition threshold, other than a procurement
action covered by paragraph (2).
``(2) After September 30, 2009, no officer or employee of
the Federal Government outside the Contract Support
Acquisition Center of a military department may, without the
prior written approval of the Director of the Center, the
Secretary of Defense, or the Secretary of that military
department, engage in a procurement action for the
acquisition of contract services for that military department
that is valued in excess of the simplified acquisition
threshold.
``(3) In this subsection, the term `procurement action'
includes the following actions:
``(A) Entry into a contract or any other form of agreement.
``(B) Issuance of a task order, delivery order, or military
interdepartmental purchase request.
``(g) Staff and Support.--(1) The Secretary appointing the
Director of a Contract Support Acquisition Center shall
ensure that the Director of the Center is provided a staff
and administrative support that are adequate for the Director
to perform the duties of the position under this section
effectively.
``(2) The Secretary of Defense may transfer to the Defense
Contract Support Acquisition Center any personnel within the
Department of Defense whose principal duty is the acquisition
of contract services for the Department of Defense.
``(3) The Secretary of a military department may transfer
to the Contract Support Acquisition Center of that military
department any personnel within such military department
whose principal duty is the acquisition of contract services
for that military department.
``(h) Transfers of Nondefense Organizations.--(1) Except as
provided in paragraph (5), the Secretary of Defense may
accept from the head of a department or agency outside the
Department of Defense a transfer to any of the Contract
Support Acquisition Centers of all or part of any
organizational unit of such other department or agency that
is primarily engaged in the acquisition of contract services
if, during the most recent year for which data are available
before such transfer, more than 50 percent of the contract
services acquired by such organizational unit (determined on
the basis of cost) were acquired on behalf of the Department
of Defense.
``(2) The head of a department or agency outside the
Department of Defense may transfer in accordance with this
section an organizational unit that is authorized to be
accepted under paragraph (1).
``(3) A transfer under this subsection may be made and
accepted only pursuant to a memorandum of understanding that
is entered into by the head of the department or agency
making the transfer and the Secretary of Defense.
``(4) A transfer of an organizational unit under this
section shall include the transfer of the personnel of such
organizational unit, the assets of such organizational unit,
and the contracts of such organizational unit, to the extent
provided in the memorandum of understanding governing the
transfer of the unit.
``(5) This section does not authorize a transfer of the
multiple award schedule program of the General Services
Administration described in section 2302(2)(C) of this title.
``(i) Simplified Acquisition Threshold.--In this section,
the term `simplified acquisition threshold' has the meaning
given that term in section 2302(7) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:

``197. Contract Support Acquisition Centers.''.

(b) Implementation.--
(1) Phased implementation of director's authority to act as
executive agent.--Notwithstanding subsections (c)(1) and (e)
of section 197 of title 10, United States Code (as added by
subsection (a)), the authority of the Director of a Contract
Support Acquisition Center to act under such section as
executive agent for acquisitions of contract services before
October 1, 2009, applies only with respect to--
(A) contracts in excess of $10,000,000 that are entered
into after September 30, 2006, and before October 1, 2009;
and
(B) any other acquisitions of contract services that, as
designated by the Secretary who appointed the Director, are
to be carried out for that Secretary by the Director.
(2) Procurement management structure.--The Secretary of
Defense shall implement section 2330 of title 10, United
States Code (relating to a management structure for the
procurement of services for the Department of Defense), by
designating each Director of the Contract Support Acquisition
Center appointed under section 197 of such title (as added by
subsection (a)) to act as executive agent for the management
of the procurements of services carried out for the Secretary
appointing such Director with respect to--
(A) all contracts in excess of $10,000,000 that are entered
into after September 30, 2006, and before October 1, 2009;
and
(B) all contracts in excess of the simplified acquisition
threshold (as defined in section 2302(7) of such title) that
are entered into after September 30, 2009.
(3) Compliance with certain public law 108-375
requirements.--For compliance with the requirements of
section 854 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375;
118 Stat. 2022, 10 U.S.C. 2304 note), the Secretary concerned
shall designate the Director of the Contract Support
Acquisition Center appointed by that Secretary to act as the
executive agent of that Secretary to review and approve the
use of a contract for the acquisition of contract services
that--
(A) is entered into after September 30, 2006, by a
department or agency outside the Department of Defense; and
(B) if entered into--
(i) before October 1, 2009, is valued in excess of
$10,000,000; or
(ii) after September 30, 2009, is valued in excess of the
simplified acquisition threshold (as defined in section
2302(7) of title 10, United States Code).
(4) Secretary concerned defined.--In paragraph (3), the
term ``Secretary concerned'' means the head of an agency
named in subsection (f)(1) of section 854 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 118 Stat. 2022; 10 U.S.C. 2304
note).

SEC. 803. AUTHORITY TO ENTER INTO ACQUISITION AND CROSS-
SERVICING AGREEMENTS WITH REGIONAL
ORGANIZATIONS OF WHICH THE UNITED STATES IS NOT
A MEMBER.

(a) Acquisition Agreements.--Section 2341(1) of title 10,
United States Code, is amended by striking ``of which the
United States is a member''.
(b) Cross-Servicing Agreements.--Section 2342(a)(1)(C) of
such title is amended by striking ``of which the United
States is a member''.
(c) Conforming Amendment.--Section 2344(b)(4) of such title
is amended by striking ``of which the United States is a
member''.

SEC. 804. REQUIREMENT FOR AUTHORIZATION FOR PROCUREMENT OF
MAJOR WEAPON SYSTEMS AS COMMERCIAL ITEMS.

(a) Requirement for Authorization.--
(1) In general.--Chapter 140 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 2379. Requirement for authorization for procurement of
major weapon systems as commercial items

``(a) Requirement for Authorization.--A major weapon system
of the Department of Defense may be treated as a commercial
item, or purchased under procedures established for the
procurement of commercial items, only if specifically
authorized by Congress.
``(b) Treatment of Subsystems and Components as Commercial
Items.--A subsystem or component of a major weapon system
shall be treated as a commercial item and purchased under
procedures established

[[Page S10865]]

for the procurement of commercial items if such subsystem or
component otherwise meets the requirements for treatment as a
commercial item.
``(c) 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 authorization for 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 on or after such date.

SEC. 805. 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 60 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 Reports.--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 Secretary of Defense for Acquisition, Technology,
and Logistics shall review the service charges delineated in
such report for the acquisitions covered by the report and
the services provided in exchange for such charges and shall
compare those charges with the costs of the 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) Report to Congress.--Not later than April 1, 2006 (for
reports for fiscal year 2005 under subsection (a)), and not
later than April 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
section, 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. 806. REVIEW OF DEFENSE ACQUISITION STRUCTURES.

(a) Review by Defense Acquisition University.--The Defense
Acquisition University, acting under the direction and
authority of the Under Secretary of Defense for Acquisition,
Technology, and Logistics, shall conduct a review of the
acquisition structure of the Department of Defense, including
the acquisition structure 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.--
(1) In general.--In reviewing the acquisition structure 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 reorganization
of the structure, and identify any acquisition structures or
capabilities that have been divested from the organization
during the last 15 years;
(C) identify the capabilities needed by the organization to
fulfill its function and assess the capacity of the
organization, as currently structured, to provide such
capabilities; and
(D) identify any gaps, shortfalls, or inadequacies relating
to acquisitions in the current structure of the organization.
(2) Emphasis in review.--In conducting the review of
acquisition structures under subsection (a), the University
shall place special emphasis on consideration of--
(A) structures and processes for joint acquisition,
including actions that may be needed to improve such
structures and processes; and
(B) actions that may be needed to improve acquisition
outcomes.
(c) Priority on Completion of Review of Acquisition
Structure of Department of Air Force.--In conducting the
review of acquisition structures under subsection (a), the
Defense Acquisition University shall give a priority to a
review of the acquisition structure of the Department of the
Air Force.
(d) 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 subsection (a).
(e) Reports.--
(1) Interim report on structure of department of air
force.--Not later than one year after the date of the
enactment of this Act, the Defense Acquisition University
shall submit to the congressional defense committees an
interim report addressing the acquisition structure of the
Department of the Air Force.
(2) Final report on review.--Not later than 180 days after
the completion 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. The report shall include a separate annex on the
acquisition structure on each organization covered by the
review, which annex--
(A) shall address the matters specified under subsection
(b) with respect to such organization; and
(B) may include such recommendations with respect to such
organization as the University considers appropriate.
(3) Transmittal of final report.--Not later than 90 days
after the receipt of the report under paragraph (2), the
Under Secretary shall transmit to the congressional defense
committees a copy of the report, together with the comments
of the Under Secretary on the report.
(f) Defense Acquisition University Defined.--In this
section, the term ``Defense Acquisition University'' means
the Defense Acquisition University established pursuant to
section 1746 of title 10, United States Code.

Subtitle B--Defense Industrial Base Matters

SEC. 811. 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. 812. CONDITIONAL WAIVER OF DOMESTIC SOURCE OR CONTENT
REQUIREMENTS FOR CERTAIN COUNTRIES WITH
RECIPROCAL DEFENSE PROCUREMENT AGREEMENTS WITH
THE UNITED STATES.

(a) Authority for Annual Waiver.--Subchapter V of chapter
148 of title 10, United States Code, is amended by adding at
the end the following new section:

``Sec. 2539c. Domestic source or content requirements: one-
year waiver for certain countries with reciprocal defense
procurement agreements with the United States

``(a) Waiver Authority.--Subject to subsection (g), upon
making a determination under subsection (b) that a foreign
country described by that subsection has not qualitatively or
quantitatively increased exports of defense items, as
determined by the Secretary of Defense for purposes of this
section, to the People's Republic of China during the fiscal
year in which such determination is made, the Secretary of
Defense may waive the application of any domestic source
requirement or domestic content requirement referred to in
subsection (c) and thereby authorize the procurement of items
that are grown, reprocessed, reused, produced, or
manufactured in such foreign country during the fiscal year
following the fiscal year in which such determination is
made.
``(b) Annual Determinations.--Not later than September 30
each fiscal year, the Secretary of Defense may determine
whether or not a foreign country with which the United States
had in force during such fiscal year a reciprocal defense
procurement memorandum of understanding or agreement
qualitatively or quantitatively increased exports of defense
items to the People's Republic of China during such fiscal
year. Each such determination shall be in writing.
``(c) Covered Requirements.--For purposes of this section:
``(1) A domestic source requirement is any requirement
under law that the Department of Defense satisfy its
requirements for an item by procuring an item that is grown,
reprocessed, reused, produced, or manufactured in the United
States or by a manufacturer that is a part of the national
technology and industrial base (as defined in section 2500(1)
of this title).
``(2) A domestic content requirement is any requirement
under law that the Department of Defense satisfy its
requirements for an item by procuring an item produced or
manufactured partly or wholly from components and materials
grown, reprocessed, reused, produced, or manufactured in the
United States.
``(d) Effective Period of Waiver.--Any waiver of the
application of any domestic source requirement or domestic
content with respect to a foreign country under subsection
(a) shall be effective only for the fiscal year following the
fiscal year in which is made the determination on which such
waiver is based.
``(e) Limitation on Delegation.--The authority of the
Secretary of Defense to waive the application of domestic
source or content requirements under subsection (a) may not
be delegated to any officer or employee other than the Deputy
Secretary of Defense or the Under Secretary of Defense for
Acquisition, Technology, and Logistics.
``(f) Consultations.--The Secretary of Defense may grant a
waiver of the application

[[Page S10866]]

of a domestic source or content requirement under subsection
(a) only after consultation with the United States Trade
Representative, the Secretary of Commerce, and the Secretary
of State.
``(g) Laws Not Waivable.--The Secretary of Defense may not
exercise the authority under subsection (a) to waive any
domestic source or content requirement contained in any of
the following laws:
``(1) The Small Business Act (15 U.S.C. 631 et seq.).
``(2) The Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).
``(3) Section 2533a of this title.
``(4) Sections 7309 and 7310 of this title.
``(h) Relationship to Other Waiver Authority.--The
authority under subsection (a) to waive a domestic source
requirement or domestic content requirement is in addition to
any other authority to waive such requirement.
``(i) Clarification of Relationship With Buy American
Act.--Nothing in this section shall be construed to alter in
any way the applicability of the Buy American Act (41 U.S.C.
10a), or the authority of the Secretary of Defense to waive
the requirements of such Act, with respect to the procurement
of any item to which such Act would apply without regard to
this section.
``(j) Construction With Respect to Later Enacted Laws.--
This section may not be construed as being inapplicable to a
domestic source requirement or domestic content requirement
that is set forth in a law enacted after the enactment of
this section solely on the basis of the later enactment of
such law.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter V of such chapter is amended by
adding at the end the following new item:

``2539c. Domestic source or content requirements: one-year waiver for
certain countries with reciprocal defense procurement
agreements with the United States.''.

SEC. 813. CONSISTENCY WITH UNITED STATES OBLIGATIONS UNDER
TRADE AGREEMENTS.

No provision of this Act or any amendment made by this Act
shall apply to a procurement by or for the Department of
Defense to the extent that the Secretary of Defense, in
consultation with the Secretary of Commerce, the United
States Trade Representative, and the Secretary of State,
determines that it is inconsistent with United States
obligations under a trade agreement.

SEC. 814. IDENTIFICATION OF AREAS OF RESEARCH AND DEVELOPMENT
EFFORT FOR PURPOSES OF SMALL BUSINESS
INNOVATION RESEARCH PROGRAM.

(a) Revision and Update of Criteria and Procedures of
Identification.--The Secretary of Defense shall, not less
often than once every four years, revise and update the
criteria and procedures utilized to identify areas of the
research and development effort of the Department of Defense
which are suitable for the provision of funds under the Small
Business Innovation Research Program.
(b) Utilization of Plans.--The criteria and procedures
described in subsection (a) shall be developed through the
use of the most current versions of the following plans:
(1) The joint warfighting science and technology plan
required under section 270 of the National Defense
Authorization Act for Fiscal Year 1997 (10 U.S.C. 2501 note).
(2) The Defense Technology Area Plan of the Department of
Defense.
(3) The Basic Research Plan of the Department of Defense.
(c) Input in Identification of Areas of Effort.--The
criteria and procedures described in subsection (a) shall
include input in the identification of areas of research and
development effort described in that subsection from
Department of Defense program managers (PMs) and program
executive officers (PEOs).
(d) Identification of Research Programs For Accelerated
Transition to Acquisition Process.--
(1) In general.--The Secretary of each military department
shall identify research programs that have successfully
completed Phase II of the Small Business Innovation Research
Program and that have the potential for rapid transitioning
to Phase III and into the acquisition process.
(2) Limitation.--No research program may be identified
under paragraph (1) unless the Secretary of the military
department concerned certifies in writing that the successful
transition of the program to Phase III and into the
acquisition process is expected to meet high priority
military requirements of such military department.
(3) Report.--The Secretary shall submit to the
congressional defense committees a report setting forth the
research programs identified under paragraph (1). The report
shall include a description of the requirements intended to
be met by each program identified in the report.
(e) Small Business Innovation Research Program Defined.--In
this section, the term ``Small Business Innovation Research
Program'' has the meaning given that term in section 2500(11)
of title 10, United States Code.

Subtitle C--Defense Contractor Matters

SEC. 821. REQUIREMENTS FOR DEFENSE CONTRACTORS RELATING TO
CERTAIN FORMER DEPARTMENT OF DEFENSE OFFICIALS.

(a) Requirements.--
(1) In general.--Chapter 141 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 2410p. Defense contractors: requirements concerning
former Department of Defense officials

``(a) In General.--Each contract for the procurement of
goods or services in excess of $10,000,000, other than a
contract for the procurement of commercial items, that is
entered into by the Department of Defense shall include a
provision under which the contractor agrees to submit to the
Secretary of Defense, not later than April 1 of each year
such contract is in effect, a written report setting forth
the information required by subsection (b).
``(b) Report Information.--A report by a contractor under
subsection (a) shall--
``(1) list the name of each person who--
``(A) is a former officer or employee of the Department of
Defense or a former or retired member of the armed forces;
and
``(B) during the preceding calendar year was provided
compensation by the contractor, if such compensation was
first provided by the contractor--
``(i) not more than two years after such officer, employee,
or member left service in the Department of Defense; and
``(ii) not more than two years before the date on which the
report is required to be submitted; and
``(2) in the case of each person listed under paragraph
(1)--
``(A) identify the agency in which such person was employed
or served on active duty during the last two years of such
person's service with the Department of Defense;
``(B) state such person's job title and identify each major
defense system, if any, on which such person performed any
work with the Department of Defense during the last two years
of such person's service with the Department; and
``(C) state such person's current job title with the
contractor and identify each major defense system on which
such person has performed any work on behalf of the
contractor.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 141 of such title is amended by adding
at the end the following new item:

``2410p. Defense contractors: requirements concerning former Department
of Defense officials.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act,
and shall apply with respect to contracts entered into on or
after that date.

SEC. 822. REVIEW OF CERTAIN CONTRACTOR ETHICS MATTERS.

(a) In General.--The Secretary of Defense shall, in
consultation with the Director of the Office of Government
Ethics and the Administrator for Federal Procurement Policy,
conduct a review of the ethics considerations raised by the
following:
(1) The performance by contractor employees of functions
closely associated with inherently governmental functions.
(2) The performance by contractor employees of other
functions historically performed by Government employees in
the Federal workplace.
(b) Options To Be Addressed.--The review under subsection
(a) shall include the consideration of a broad range of
options for addressing the ethics considerations described in
that subsection, including--
(1) amending the Federal Acquisition Regulation to address
ethics and personal conflict of interest concerns for
contractor employees;
(2) implementing the Federal Acquisition Regulation, as so
amended, through the incorporation of appropriate provisions
in Federal agency contracts and in the solicitations for such
contracts;
(3) requiring such contracts and solicitations to state
that contractor employees will be bound by certain ethics
standards, whether contractor-imposed or Government-imposed;
(4) encouraging Federal agency personnel to consider
including provisions in contracts and solicitations that
address conflict of interest issues and require contractor
personnel to receive training on Government ethics rules; and
(5) continuing to identify and mitigate conflicts and
ethics concerns involving contractor personnel on a case-by-
case basis.
(c) Report.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report setting forth the
findings and recommendations of the Secretary as a result of
the review under subsection (a) and the consideration of
options under subsection (b).
(2) Additional views.--The report under paragraph (1) shall
set forth the views, if any, of the Director of the Office of
Government Ethics and the Administrator for Federal
Procurement Policy on the matters covered by the report.
(d) Functions Closely Associated With Inherently
Governmental Functions Defined.--In this section, 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. 823. CONTRACT FRAUD RISK ASSESSMENT.

(a) Risk Assessment Team.--(1) Not later than 30 days after
the date of the enactment of this Act, the Secretary of
Defense shall establish a risk assessment team to assess the

[[Page S10867]]

vulnerability of Department of Defense contracts to fraud,
waste, and abuse.
(2) The risk assessment team shall be chaired by the
Inspector General of the Department of Defense and shall
include representatives of the Defense Logistics Agency, the
Defense Contract Management Agency, the Defense Contract
Audit Agency, the Army, the Navy, and the Air Force.
(3) The risk assessment team shall--
(A) review the contracting systems and internal controls of
the Department of Defense and the systems and controls of
prime contractors of the Department of Defense to identify
areas of vulnerability of Department of Defense contracts to
fraud, waste, and abuse; and
(B) prepare a report on the results of its review.
(4) Not later than six months after the date of the
enactment of this Act, the chairman of the risk assessment
team shall submit the report prepared under paragraph (3)(B)
to the Secretary of Defense and the congressional defense
committees.
(b) Comptroller General Review.--(1) Not later than 60 days
after the date on which the report of the risk assessment
team is submitted under subsection (a)(4), the Comptroller
General of the United States shall--
(A) review the methodology used by the risk assessment team
and the results of the team's review; and
(B) submit a report on the Comptroller General's review to
the congressional defense committees.
(2) The report under paragraph (1)(B) shall include the
Comptroller General's findings and any recommendations that
the Comptroller considers appropriate.
(c) Action Plan.--Not later than three months after
receiving the report of the risk assessment team under
subsection (a)(4), the Secretary of Defense shall develop and
submit to the congressional defense committees a plan of
actions for addressing the areas of vulnerability identified
in the report. If the Secretary determines that no action is
necessary with regard to an area of vulnerability, the report
shall include a discussion of the rationale for that
determination.

Subtitle D--Defense Acquisition Workforce Matters

SEC. 831. AVAILABILITY OF FUNDS IN ACQUISITION WORKFORCE
TRAINING FUND FOR DEFENSE ACQUISITION WORKFORCE
IMPROVEMENTS.

(a) Availability of Department of Defense Contract Fees for
Defense Acquisition University.--Section 37 of the Office of
Federal Procurement Policy Act (41 U.S.C. 433) is amended--
(1) in subsection (a), by striking ``This section'' and
inserting ``Except as otherwise provided, this section''; and
(2) in subsection (h)(3)--
(A) in subparagraph (B), by striking ``(other than the
Department of Defense)'' in the first sentence;
(B) by redesignating subparagraphs (D), (E), (F), and (G)
as subparagraphs (E), (F), (G), and (H), respectively;
(C) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) The Administrator of General Services shall credit to
the Defense Acquisition University fees collected in
accordance with subparagraph (B) from the Department of
Defense. Amounts so credited shall be used to develop and
expand training for the defense acquisition workforce.''; and
(D) in subparagraph (E), as so redesignated, by striking
``the purpose specified in subparagraph (A)'' and inserting
``the purposes specified in subparagraphs (A) and (D)''.
(b) Conforming Amendment.--Section 1412 of the National
Defense Authorization Act for Fiscal year 2004 (Public Law
108-136; 117 Stat. 1664; 41 U.S.C. 433 note) is amended by
striking subsection (c).

SEC. 832. LIMITATION AND REINVESTMENT AUTHORITY RELATING TO
REDUCTION OF THE DEFENSE ACQUISITION AND
SUPPORT WORKFORCE.

(a) Limitation.--Notwithstanding any other provision of
law, the defense acquisition and support workforce may not be
reduced, during fiscal years 2006, 2007, and 2008, below the
level of that workforce as of September 30, 2004, determined
on the basis of full-time employee equivalence, except as may
be necessary to strengthen the defense acquisition and
support workforce in higher priority positions in accordance
with this section.
(b) Increase and Realignment of Workforce.--(1)(A) During
fiscal years 2006, 2007, and 2008, the Secretary of Defense
shall increase the number of persons employed in the defense
acquisition and support workforce as follows:
(i) During fiscal year 2006, to 105 percent of the baseline
number (as defined in subparagraph (B)).
(ii) During fiscal year 2007, to 110 percent of the
baseline number.
(iii) During fiscal year 2008, to 115 percent of the
baseline number.
(B) In this paragraph, the term ``baseline number'', with
respect to persons employed in the defense acquisition and
support workforce, means the number of persons employed in
such workforce as of September 30, 2004 (determined on the
basis of full-time employee equivalence).
(C) The Secretary of Defense may waive a requirement in
subparagraph (A) and, subject to subsection (a), employ in
the defense acquisition and support workforce a lesser number
of employees if the Secretary determines and certifies to the
congressional defense committees that the cost of increasing
such workforce to the larger size as required under that
subparagraph would exceed the savings to be derived from the
additional oversight that would be achieved by having a
defense acquisition and support workforce of such larger
size.
(2) During fiscal years 2006, 2007, and 2008, the Secretary
of Defense may realign any part of the defense acquisition
and support workforce to support reinvestment in other,
higher priority positions in such workforce.
(c) Higher Priority Positions.--For the purposes of this
section, higher priority positions in the defense acquisition
and support workforce include the following positions:
(1) Positions the responsibilities of which include system
engineering.
(2) Positions the responsibilities of which include
drafting performance-based work statements for services
contracts and overseeing the performance of contracts awarded
pursuant to such work statements.
(3) Positions the responsibilities of which include
conducting spending analyses, negotiating company-wide
pricing agreements, and taking other measures to reduce
contract costs.
(4) Positions the responsibilities of which include
reviewing contractor quality control systems, assessing and
analyzing quality deficiency reports, and taking other
measures to improve product quality.
(5) Positions the responsibilities of which include
effectively conducting public-private competitions in
accordance with Office of Management and Budget Circular A-
76.
(6) Any other positions in the defense acquisition and
support workforce that the Secretary of Defense identifies as
being higher priority positions that are staffed at levels
not likely to ensure efficient and effective performance of
all of the responsibilities of those positions.
(d) Strategic Assessment and Plan.--(1) The Secretary of
Defense shall--
(A) assess the extent to which the Department of Defense
can recruit, retain, train, and provide professional
development opportunities for acquisition professionals over
the 10-fiscal year period beginning with fiscal year 2006;
and
(B) develop a human resources strategic plan for the
defense acquisition and support workforce that includes
objectives and planned actions for improving the management
of such workforce.
(2) The Secretary shall submit to Congress, not later than
April 1, 2006, a report on the progress made in--
(A) completing the assessment required under paragraph (1);
and
(B) completing and implementing the strategic plan required
under such paragraph.
(e) Defense Acquisition and Support Workforce Defined.--In
this section, the term ``defense acquisition and support
workforce'' means members of the Armed Forces and civilian
personnel who are assigned to, or are employed in, an
organization of the Department of Defense that has
acquisition as its predominant mission, as determined by the
Secretary of Defense.

SEC. 833. TECHNICAL AMENDMENTS RELATING TO DEFENSE
ACQUISITION WORKFORCE IMPROVEMENTS.

Section 1732 of title 10, United States Code, is amended--
(1) in subsection (c)--
(A) by striking ``(b)(2)(A) and (b)(2)(B)'' each place it
appears in paragraphs (1) and (2) and inserting ``(b)(1)(A)
and (b)(1)(B)''; and
(B) by striking paragraph (3); and
(2) in subsection (d)(2), by striking ``(b)(2)A)(ii)'' and
inserting ``(b)(1)(A)(ii)''.

Subtitle E--Other Matters

SEC. 841. EXTENSION OF CONTRACT GOAL FOR SMALL DISADVANTAGED
BUSINESS 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. 842. CODIFICATION AND MODIFICATION OF LIMITATION ON
MODIFICATION OF MILITARY EQUIPMENT WITHIN FIVE
YEARS OF RETIREMENT OR DISPOSAL.

(a) Codification and Modification of Limitation.--
(1) In general.--Chapter 141 of title 10, United States
Code, as amended by section 821(a)(1) of this Act, is further
amended by adding at the end the following new section:

``Sec. 2410q. Modification of equipment within five years of
retirement or disposal

``(a) In General.--Except as provided in subsection (b), a
military department may not modify an aircraft, vessel,
weapon, or other item of equipment if the military department
plans to retire or otherwise dispose of such equipment within
5 years of the date of the completion of such modification.
``(b) Exceptions.--The prohibition in subsection (a) shall
not apply to any modification as follows:
``(1) A modification for safety purposes.
``(2) Any other modification but only if the aggregate cost
of all such modifications for the aircraft, vessel, weapon,
or other item of equipment concerned during any fiscal year,
including any procurement, installation, or removal costs, is
less than $100,000.
``(c) Waiver.--The Secretary of a military department may
waive the prohibition in subsection (a) with respect to a
modification referred to in that subsection if such
Secretary--
``(1) determines that the waiver is in the national
security interests of the United States; and

[[Page S10868]]

``(2) notifies the congressional defense committees of such
determination in writing.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter, as amended by section 821(a)(2) of
this Act, is further amended by adding at the end the
following new item:

``2410q. Modification of equipment within five years of retirement or
disposal.''.

(b) Repeal of Superseded Limitation.--Section 8053 of the
Department of Defense Appropriations Act, 1998 (Public Law
105-56; 111 Stat. 1232; 10 U.S.C. 2241 note) is repealed.

SEC. 843. CLARIFICATION OF RAPID ACQUISITION AUTHORITY TO
RESPOND TO COMBAT EMERGENCIES.

(a) Scope of Authority.--Subsection (c) of section 806 of
the Bob Stump National Defense Authorization Act for Fiscal
Year 2003 (10 U.S.C. 2302 note) is amended--
(1) by striking ``combat capability'' each place it
appears; and
(2) by striking ``fatalities'' each place it appears and
inserting ``casualties''.
(b) Delegation of Authority.--Such subsection is further
amended in paragraph (1) by inserting ``below the Deputy
Secretary of Defense'' after ``delegation''.
(c) Waiver Authority.--Subsection (d)(1) of such section is
further amended--
(1) in subparagraph (B), by striking ``or'';
(2) in subparagraph (C), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) domestic source or content restrictions that would
inhibit or impede the rapid acquisition of the equipment.''.

SEC. 844. 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 paragraph:
``(2) The authority of this section--
``(A) does not extend to any prototype project that is
expected to cost in excess of $100,000,000; and
``(B) may be exercised for a prototype project that is
expected to cost in excess of $20,000,000 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 a standard contact, grant, or cooperative
agreement for such project is not feasible or appropriate.'';
(2) by redesignating subsection (h) as subsection (i); and
(3) by inserting after subsection (g) the following new
subsection (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. 845. EXTENSION OF CERTAIN AUTHORITIES ON CONTRACTING
WITH EMPLOYERS OF PERSONS WITH DISABILITIES.

Section 853 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375;
118 Stat. 2021) is amended by striking ``September 30, 2005''
in subsections (a)(2)(A) and (b)(2)(A) and inserting
``September 30, 2006''.

SEC. 846. INCREASED LIMIT APPLICABLE TO ASSISTANCE PROVIDED
UNDER CERTAIN PROCUREMENT TECHNICAL ASSISTANCE
PROGRAMS.

Section 2414(a)(2) of title 10, United States Code, is
amended by striking ``$150,000'' and inserting ``$300,000''.

SEC. 847. PILOT PROGRAM ON EXPANDED PUBLIC-PRIVATE
PARTNERSHIPS FOR RESEARCH AND DEVELOPMENT.

(a) Pilot Program Authorized.--The Secretary of Defense may
carry out a pilot program to authorize the organizations
referred to in subsection (b) to enter into cooperative
research and development agreements under section 12 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a) in order to assess the benefits of such agreements for
such organizations and for the Department of Defense as a
whole.
(b) Covered Organizations.--The organizations referred to
in this subsection are as follows:
(1) The National Defense University.
(2) The Defense Acquisition University.
(3) The Joint Forces Command.
(4) The United States Transportation Command.
(c) Limitation.--No agreement may be entered into, or
continue in force, under the pilot program under subsection
(a) after September 30, 2009.
(d) Report.--Not later than February 1, 2009, the Secretary
shall submit to the congressional defense committees a report
on the pilot program under subsection (a). The report shall
include--
(1) a description of any agreements entered into under the
pilot program; and
(2) the assessment of the Secretary of the benefits of the
agreements entered into under the pilot program for the
organizations referred to in subsection (b) and for the
Department of Defense as a whole.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Duties and Functions of Department of Defense Officers and
Organizations

SEC. 901. DIRECTORS OF SMALL BUSINESS PROGRAMS.

(a) Redesignation of Existing Positions and Offices.--(1)
Each of the following positions within the Department of
Defense is redesignated as the Director of Small Business
Programs:
(A) The Director of Small and Disadvantaged Business
Utilization of the Department of Defense.
(B) The Director of Small and Disadvantaged Business
Utilization of the Department of the Army.
(C) The Director of Small and Disadvantaged Business
Utilization of the Department of the Navy.
(D) The Director of Small and Disadvantaged Business
Utilization of the Department of the Air Force.
(2) Each of the following offices within the Department of
Defense is redesignated as the Office of Small Business
Programs:
(A) The Office of Small and Disadvantaged Business
Utilization of the Department of Defense.
(B) The Office of Small and Disadvantaged Business
Utilization of the Department of the Army.
(C) The Office of Small and Disadvantaged Business
Utilization of the Department of the Navy.
(D) The Office of Small and Disadvantaged Business
Utilization of the Department of the Air Force.
(3) 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 Position and Office.--(1) Chapter
4 of title 10, United States Code, is amended by inserting
after section 133b the following new section:

``Sec. 133c. 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) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
133b the following new item:

``133c. Director of Small Business Programs.''.

(c) Department of the Army Position and Office.--(1)
Chapter 303 of title 10, United States Code, is amended by
adding at the end the following new section:

``Sec. 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, 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) 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 Position and Office.--(1)
Chapter 503 of title 10, United States Code, is amended by
adding at the end the following new section:

``Sec. 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

[[Page S10869]]

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) 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.''.

(d) Department of the Air Force Position and Office.--(1)
Chapter 803 of title 10, United States Code, is amended by
adding at the end the following new section:

``Sec. 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.
``(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) 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. 902. EXECUTIVE AGENT FOR ACQUISITION OF CAPABILITIES TO
DEFEND THE HOMELAND AGAINST CRUISE MISSILES AND
OTHER LOW-ALTITUDE AIRCRAFT.

(a) Designation of Executive Agent.--The Secretary of
Defense shall designate an official within the Department of
Defense to act as executive agent to manage the acquisition
of capabilities necessary to defend the homeland against
cruise missiles, unmanned aerial vehicles, and other low
altitude aircraft that may be launched against the United
States.
(b) Coordination of Activities.--The official designated as
executive agent under subsection (a) shall, in order to
promote commonality and limit duplication of effort,
coordinate in the acquisition of capabilities described in
that subsection with appropriate officials of the following:
(1) The Missile Defense Agency.
(2) The Joint Theater Air and Missile Defense Organization.
(3) The United States Northern Command.
(4) The United States Strategic Command.
(5) Such other elements of the Department of Defense, and
of other departments and agencies of the United States
Government, as the Secretary considers appropriate for
purposes of this section.
(c) Plan for Defense Against Attack.--
(1) 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 against cruise missiles,
unmanned aerial vehicles, and other low altitude aircraft
that may be launched against the United States.
(2) Focus of plan.--In developing the plan, the Secretary
shall focus on the role of Department of Defense components
in the defense of the United States against an attack
described in paragraph (1), but shall also address the role,
if any, of other departments and agencies of the United
States Government in that defense.
(3) Elements.--The plan shall include the following:
(A) An identification of the capabilities required by the
Department of Defense in order to fulfill its mission to
defend the homeland against cruise missiles, unmanned aerial
vehicles, and other low altitude aircraft, and an
identification of any current shortfalls in such
capabilities.
(B) A schedule for implementing the plan.
(C) A statement of the funding required to implement the
Department of Defense portion of the plan.
(D) An identification of the roles and missions, if any, of
other departments and agencies of the United States
Government in contributing to the defense of the United
States against attack described in subparagraph (A).
(4) Scope of plan.--The plan shall be coordinated with
Department of Defense plans for defending the United States
against attack by short-range to medium-range ballistic
missiles.

SEC. 903. PROVISION OF AUDIOVISUAL SUPPORT SERVICES BY THE
WHITE HOUSE COMMUNICATIONS AGENCY.

(a) Provision on Nonreimbursable Basis.--Section 912 of the
National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 110 Stat. 2623; 10 U.S.C. 111 note) is
amended--
(1) in subsection (a)--
(A) in the subsection caption, by inserting ``and
Audiovisual 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) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2005, and shall apply with
respect to the provision of audiovisual support services by
the White House Communications Agency in fiscal years
beginning on or after that date.

Subtitle B--Space Activities

SEC. 911. ADVISORY COMMITTEE ON DEPARTMENT OF DEFENSE
REQUIREMENTS FOR SPACE CONTROL.

(a) Advisory Committee Required.--
(1) In general.--The Secretary of Defense shall provide for
an advisory committee to review and assess Department of
Defense requirements for space control.
(2) New or existing advisory committee.--The Secretary may
carry out paragraph (1) through the establishment of a new
advisory committee, or the utilization of a current advisory
committee, meeting the requirements of subsection (b)(1).
(b) Membership and Administration of Advisory Committee.--
(1) Membership.--The advisory committee under subsection
(a) shall consist of individuals from among officers and
employees of the Federal Government, and private citizens of
the United States, with knowledge and expertise in national
security space policy.
(2) Administration.--The Secretary shall establish
appropriate procedures for the administration of the advisory
committee for purposes of this section, including designation
of the chairman of the advisory committee from among its
members.
(3) Security clearances.--All members of the advisory
committee shall hold security clearances appropriate for the
work of the advisory committee.
(4) First meeting.--The advisory committee shall convene
its first meeting for purposes of this section not later than
30 days after the date on which all members of the advisory
committee have been selected for such purposes.
(c) Duties.--The advisory committee shall conduct a review
and assessment of the following:
(1) The requirements of the Department of Defense for its
space control mission and the efforts of the Department to
fulfill such requirements.
(2) Whether or not the Department of Defense is allocating
appropriate resources to fulfill the current space control
mission of the Department when compared with the allocation
by the Department of resources to other military space
missions.
(3) The plans of the Department of Defense to meet its
future space control mission.
(d) Information From Federal and State Agencies.--
(1) In general.--The advisory committee may secure directly
from the Department of Defense, from any other department or
agency of the Federal Government, and any State government
any information that the advisory committee considers
necessary to carry out its duties under this section.
(2) Liaison.--The Secretary of Defense shall designate at
least one senior civilian employee of the Department of
Defense and at least one general or flag officer of an Armed
Force to serve as liaison between the Department, the Armed
Forces, and the advisory committee for purposes of this
section.
(e) Report.--
(1) In general.--Not later than 6 months after the date of
the first meeting of the advisory committee under subsection
(b)(4), the advisory committees shall submit to the Secretary
of Defense and the congressional defense committees a report
on the results of the review and assessment under subsection
(c).
(2) Elements.--The report shall include--
(A) the findings and conclusions of the advisory committee
on the requirements of the Department of Defense for its
space control mission and the efforts of the Department to
fulfill such requirements; and
(B) any recommendations that the advisory committee
considers appropriate regarding the best means by which the
Department may fulfill such requirements.
(f) Termination.--The advisory committee shall terminate
for purposes of this section 10 months after the date of the
first meeting of the advisory committee under subsection
(b)(4).
(g) Space Control Mission.--In this section, the term
``space control mission'' means the mission of the Department
of Defense involving the following:
(1) Space situational awareness.
(2) Defensive counterspace operations.
(3) Offensive counterspace operations.
(h) Funding.--Amounts authorized to be appropriated to the
Department of Defense shall be available to the Secretary of
Defense for purposes of the activities of the advisory
committee under this section.

[[Page S10870]]

Subtitle C--Other Matters

SEC. 921. 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:

``Sec. 2611. Regional centers for security studies:
acceptance of gifts and donations

``(a) Authority To Accept Gifts and Donations.--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 center, combination of
centers, or centers generally, as the case may be.
``(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
donation 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.--(1) There is established on the
books of the Treasury of the United States an account to be
known as the `Regional Centers for Security Studies Account'.
``(2) Gifts and donations of money accepted under
subsection (a) shall be credited to the Account, and shall be
available until expended, without further appropriation, to
defray the costs, or enhance the operation, of the regional
center, combination of centers, or centers generally for
which donated under that subsection.
``(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).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 155 of such title is amended by striking
the item relating to section 2611 and inserting the following
new item:

``2611. Regional centers for security studies: acceptance of gifts and
donations.''.

(b) Conforming Amendments.--
(1) Section 1306 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2892) is
amended by striking subsection (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 subsections
(a) and (b), respectively.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2005.

SEC. 922. OPERATIONAL FILES OF THE DEFENSE INTELLIGENCE
AGENCY.

(a) Protection of Operational Files of Defense Intelligence
Agency.--(1) Title VII of the National Security 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
of that directorate) that document the conduct of foreign
intelligence or counterintelligence operations or
intelligence or security 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
intelligence or counterintelligence is collected through
technical systems.
``(2) Files that are the sole repository of disseminated
intelligence are not operational files.
``(c) Search and Review for Information.--Notwithstanding
subsection (a), exempted operational files shall continue to
be subject to search and review for information concerning:
``(1) United States citizens or aliens lawfully admitted
for permanent residence who have requested information on
themselves 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, Executive Order, or Presidential directive, in the
conduct of an intelligence activity:
``(A) The Committee on Armed Services and the Permanent
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
Intelligence Agency.
``(d) Information Derived or Disseminated From Exempted
Operational Files.--(1) Files that are not exempted under
subsection (a) and 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 exempted operational files 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.
``(e) Allegation; Improper Withholding of Records; Judicial
Review.--(1) Except as provided in paragraph (2), whenever
any person who has requested agency records under section 552
of title 5, alleges that the Defense Intelligence 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
provided under paragraph (1) as follows:
``(A) In any case in which information specifically
authorized under criteria established by an Executive order
to be kept secret in the interest of national defense or
foreign relations which is filed with, or produced for, the
court by the Defense Intelligence Agency, such information
shall be examined ex parte, in camera by the court.
``(B) The court shall determine, to the fullest extent
practicable, 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
submission 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
Intelligence 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 operational 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)).

[[Page S10871]]

``(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; and
``(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
consideration 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 conducted
the review required by paragraph (1) before the expiration of
the 10-year period beginning on the date of the enactment 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.''.
(2) The table of contents for that Act 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 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 subparagraph:
``(H) The Office of the Inspector General of the National
Security Agency.''.

SEC. 923. PROHIBITION ON IMPLEMENTATION OF CERTAIN ORDERS AND
GUIDANCE ON FUNCTIONS AND DUTIES OF THE GENERAL
COUNSEL AND THE JUDGE ADVOCATE GENERAL OF THE
AIR FORCE.

No funds authorized to be appropriated by this Act may be
obligated or expended to implement or enforce either of the
following:
(1) The order of the Secretary of the Air Force dated May
15, 2003, and entitled ``Functions and Duties of the General
Counsel and the Judge Advocate General''.
(2) Any internal operating instruction or memorandum issued
by the General Counsel of the Department of the Air Force in
reliance upon the order referred to in paragraph (1).

SEC. 924. UNITED STATES MILITARY CANCER INSTITUTE.

(a) Establishment.--Chapter 104 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 2117. United States Military Cancer Institute

``(a) Establishment.--(1) There is a United States Military
Cancer Institute in the University. The Director of the
United States Military Cancer Institute is the head of the
Institute.
``(2) The Institute is composed of clinical and basic
scientists in the Department of Defense who have an expertise
in research, patient care, and education relating to oncology
and who meet applicable criteria for participation in the
Institute.
``(3) The components of the Institute include military
treatment and research facilities that meet applicable
criteria and are designated as affiliates of the Institute.
``(b) Research.--(1) The Director of the United States
Military Cancer Institute shall carry out research studies on
the following:
``(A) The epidemiological features of cancer, including
assessments of the carcinogenic effect of genetic and
environmental factors, and of disparities in health, inherent
or common among populations of various ethnic origins.
``(B) The prevention and early detection of cancer.
``(C) Basic, translational, and clinical investigation
matters relating to the matters described in subparagraphs
(A) and (B).
``(2) The research studies under paragraph (1) shall
include complementary research on oncologic nursing.
``(c) Collaborative Research.--The Director of the United
States Military Cancer Institute shall carry out the research
studies under subsection (b) in collaboration with other
cancer research organizations and entities selected by the
Institute for purposes of the research studies.
``(d) Annual Report.--(1) Promptly after the end of each
fiscal year, the Director of the United States Military
Cancer Institute shall submit to the President of the
University a report on the results of the research studies
carried out under subsection (b).
``(2) Not later than 60 days after receiving the annual
report under paragraph (1), the President of the University
shall transmit such report to the Secretary of Defense and to
Congress.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``2117. United States Military Cancer Institute.''.

TITLE X--GENERAL PROVISIONS

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) Aggregate 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. INCORPORATION OF CLASSIFIED ANNEX.

(a) Status of Classified Annex.--The Classified Annex
prepared by the Committee on Armed Services of the Senate to
accompany its report on the bill S. 1042 of the One Hundred
Ninth Congress and transmitted to the President is hereby
incorporated into this Act.
(b) Construction With Other Provisions of Act.--The amounts
specified in the Classified Annex are not in addition to
amounts authorized to be appropriated by other provisions of
this Act.
(c) Limitation on Use of Funds.--Funds appropriated
pursuant to an authorization contained in this Act that are
made available for a program, project, or activity referred
to in the Classified Annex may only be expended for such
program, project, or activity in accordance with such terms,
conditions, limitations, restrictions, and requirements as
are set out for that program, project, or activity in the
Classified Annex.
(d) Distribution of Classified Annex.--The President shall
provide for appropriate distribution of the Classified Annex,
or of appropriate portions of the annex, within the executive
branch of the Government.

SEC. 1003. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED
BUDGETS IN FISCAL YEAR 2006.

(a) Fiscal Year 2006 Limitation.--The total amount
contributed 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
appropriated 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), $238,364,000
for the Military Budget.
(d) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term ``common-
funded budgets of NATO''

[[Page S10872]]

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.

SEC. 1004. REDUCTION IN CERTAIN AUTHORIZATIONS DUE TO SAVINGS
RELATING TO LOWER INFLATION.

(a) Reduction.--The aggregate amount authorized to be
appropriated by titles I, II, and III is the amount equal to
the sum of all the amounts authorized to be appropriated by
such titles reduced by $1,300,000,000.
(b) Source of Savings.--Reductions required in order to
comply with subsection (a) shall be derived from savings
resulting from lower-than-expected inflation as a result of
the annual review of the budget conducted by the
Congressional Budget Office.
(c) Allocation of Reduction.--The Secretary of Defense
shall allocate the reduction required by subsection (a) among
the amounts authorized to be appropriated for accounts in
titles I, II, and III to reflect the extent to which net
savings from lower-than-expected inflation are allocable to
amounts authorized to be appropriated to such accounts.

SEC. 1005. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR
FISCAL YEAR 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 or chapter 2 of title IV of the
Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Tsunami Relief, 2005 (Public Law
109-13).

SEC. 1006. INCREASE IN FISCAL YEAR 2005 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. 1007. MONTHLY DISBURSEMENT TO STATES OF STATE INCOME TAX
VOLUNTARILY WITHHELD FROM RETIRED OR RETAINER
PAY.

Section 1045(a) of title 10, United States Code, is
amended--
(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. 1008. REESTABLISHMENT OF LIMITATION ON PAYMENT OF
FACILITIES CHARGES ASSESSED BY DEPARTMENT OF
STATE.

(a) Costs of Goods and Services Provided to Department of
State.--Funds appropriated for the Department of Defense may
be transferred to the Department of State as remittance for a
fee charged to the Department of Defense by the Department of
State for any year for the maintenance, upgrade, or
construction of United States diplomatic facilities only to
the extent that the amount charged (when added to other
amounts previously so charged for that fiscal year) exceeds
the total amount of the unreimbursed costs incurred by the
Department of Defense during that fiscal year in providing
goods and services to the Department of State.
(b) Construction of Limitation.--The provisions of
subsection (a) shall be applicable without regard to the
following provisions of law:
(1) The provisions of subsection (e) of section 604 of the
Secure Embassy Construction and Counterterrorism Act of 1999,
as added by section 629 of division B of Public Law 108-447
(118 Stat. 2920; 22 U.S.C. 4865 note).
(2) The provisions of section 630 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2005 (division B of Public Law
108-447 (118 Stat. 2921)).
(c) Effective Date.--This section shall take effect as of
October 1, 2005.

Subtitle B--Naval Vessels and Shipyards

SEC. 1021. TRANSFER OF BATTLESHIPS.

(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) subject to section 7306 of title 10, United States
Code, to transfer the vessel by gift or otherwise provided
that the Secretary requires, 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) subject to section 7306 of title 10, United States
Code, to transfer the vessel by gift or otherwise provided
that the Secretary requires, as a condition of transfer, that
the transferee locate the vessel in the State of California.
(c) Inapplicability of Notice and Wait Requirement.--
Notwithstanding any provision of subsection (a) or (b),
section 7306(d) of title 10, United States Code, shall not
apply to the transfer authorized by subsection (a) or the
transfer authorized by subsection (b).
(d) 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. 1022. CONVEYANCE OF NAVY DRYDOCK, JACKSONVILLE, FLORIDA.

(a) Conveyance Authorized.--The Secretary of the Navy may
convey to Atlantic Marine Property Holding Company (in this
section referred to as the ``Company'') all right, title, and
interest of the United States in and to Navy Drydock No. AFDM
7 (the SUSTAIN), located in Duval County, Florida. The
Company is the current user of the drydock.
(b) Condition of Conveyance.--The conveyance under
subsection (a) shall be subject to the condition that the
drydock remain at the facilities of the Company until
September 30, 2010.
(c) Consideration.--As consideration for the conveyance
under subsection (a), the Company shall pay the Secretary an
amount equal to the fair market value of the drydock as
determined by 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.

Subtitle C--Counterdrug Matters

SEC. 1031. USE OF UNMANNED AERIAL VEHICLES FOR UNITED STATES
BORDER RECONNAISSANCE.

(a) In General.--Chapter 18 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 383. Use of unmanned aerial vehicles for United States
border reconnaissance

``(a) In General.--The Secretary of Defense is authorized
to use Department of Defense personnel and equipment to
conduct aerial reconnaissance within the area of
responsibility of the United States Northern Command with
unmanned aerial vehicles in order to conduct, for the
purposes specified in subsection (b), the following:
``(1) The detection and monitoring of, and communication
on, the movement of air and sea traffic along the United
States border.
``(2) The detection and monitoring of, and communication
on, the movement of surface traffic that is--
``(A) outside of the geographic boundary of the United
States; or
``(B) inside the United States, but within not more than 25
miles of the geographic boundary of the United States, with
respect to surface traffic first detected outside the
geographic boundary of the United States.
``(b) Purposes of Authorized Activities.--The purposes of
activities authorized by subsection (a) are as follows:
``(1) To detect and monitor suspicious air, sea, and
surface traffic.
``(2) To communicate information on such traffic to
appropriate Federal law enforcement officials, State law
enforcement officials, and local law enforcement officials.
``(c) Funds.--Amounts available to the Department of
Defense for counterdrug activities shall be available for
activities authorized by subsection (a).
``(d) Limitations.--Any limitations and restrictions under
this chapter with respect to the use of personnel, equipment,
and facilities under this chapter shall apply to the exercise
of the authority in subsection (a).
``(e) Annual Reports on Use of Unmanned Aerial Vehicles.--
(1) The Secretary of Defense shall submit to the
congressional defense committees each year a report on the
operation of unmanned aerial vehicles along the United States
border under this section during the preceding year. Each
report shall include, for the year covered by such report,
the following:
``(A) A description of the aerial reconnaissance missions
carried out along the United States border by unmanned aerial
vehicles under this section, including the total number of
sorties and flight hours.
``(B) A statement of the costs of such missions.
``(C) A statement of the number of times data collected by
the Department of Defense from such missions was communicated
to other authorities of the Federal Government or to State or
local authorities.
``(2) A report is not required under this subsection for a
year if no operations of unmanned aerial vehicles along the
United States border occurred under this section during such
year.
``(3) Each report under this subsection shall be submitted
in unclassified form, but may include a classified annex.
``(f) Definitions.--In this section:
``(1) The term `suspicious air, sea, and surface traffic'
means any air, sea, or surface traffic that is suspected of
illegal activities, including involvement in activities that
would constitute a violation of any provision of law set
forth in or described under section 374(b)(4)(A) of this
title.

[[Page S10873]]

``(2) The term `State law enforcement officials' includes
authorized members of the National Guard operating under
authority of title 32.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 18 of such title is amended by adding at
the end the following new item:

``383. Use of unmanned aerial vehicles for United States border
reconnaissance.''.

SEC. 1032. USE OF COUNTERDRUG FUNDS FOR CERTAIN
COUNTERTERRORISM OPERATIONS.

(a) Authority To Use Funds.--In conjunction with
counterdrug activities authorized by law, the Secretary of
Defense may use funds authorized to be appropriated to the
Department of Defense for drug interdiction and counterdrug
activities in fiscal years 2006 and 2007 for the detection,
monitoring, and interdiction of terrorists, terrorism-related
activities, and other related transnational threats along the
borders and within the territorial waters of the United
States.
(b) Construction With Other Authority.--The authority
provided by subsection (a) is in addition to the authority
provided in section 124 of title 10, United States Code.

SEC. 1033. SUPPORT FOR COUNTER-DRUG ACTIVITIES THROUGH BASES
OF OPERATION AND TRAINING FACILITIES IN
AFGHANISTAN.

In providing support for counterdrug activities under
section 1004 of the National Defense Authorization Act for
Fiscal Year 1991 (10 U.S.C. 374 note), the Secretary of
Defense may, in accordance with a request under subsection
(a) of such section, provide through or utilizing bases of
operation or training facilities in Afghanistan--
(1) any type of support specified in subsection (b) of such
section for counter-drug activities; and
(2) any type of support for counter-drug related Afghan
criminal justice activities.

Subtitle D--Reports and Studies

SEC. 1041. MODIFICATION OF FREQUENCY OF SUBMITTAL OF JOINT
WARFIGHTING SCIENCE AND TECHNOLOGY PLAN.

(a) Submittal of Joint Warfighting Science and Technology
Plan.--Section 270 of the National Defense Authorization Act
for Fiscal Year 1997 (10 U.S.C. 2501 note) is amended by
striking ``(a) Annual Plan Required.--On March 1 of each
year,'' and inserting ``Not later than March 1 of each year
through 2006, and March 1 every two years thereafter,''.
(b) Conforming Amendment.--The heading of such section is
amended by striking ``ANNUAL''.

SEC. 1042. REVIEW AND ASSESSMENT OF DEFENSE BASE ACT
INSURANCE.

(a) In General.--The Secretary of Defense shall, 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 Development, review current and future
needs, options, and risks associated with Defense Base Act
insurance.
(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
processing.
(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 recommendations, 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'
compensation insurance provided to contractor employees
pursuant to the Defense Base Act (42 U.S.C. 1651 et seq.).

SEC. 1043. COMPTROLLER GENERAL REPORT ON CORROSION PREVENTION
AND MITIGATION PROGRAMS OF THE DEPARTMENT OF
DEFENSE.

(a) Report Required.--Not later than April 1, 2007, the
Comptroller General of the United States shall submit to the
congressional defense committees a report on the
effectiveness of the corrosion prevention and mitigation
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'', 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 budget of the President for fiscal year 2006, 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 of the
October 2004 Defense Science Board report on corrosion
control.
(7) An assessment of the implementation of the corrosion
prevention and mitigation programs of the Department during
fiscal year 2006.
(8) Recommendations by the Comptroller General for
addressing any shortfalls or areas of potential improvement
identified in the review for purposes of the report.

Subtitle E--Technical Amendments

SEC. 1051. TECHNICAL AMENDMENTS RELATING TO CERTAIN
PROVISIONS OF ENVIRONMENTAL DEFENSE LAWS.

(a) Definition of ``Military Munitions''.--Section
101(e)(4)(B)(ii) of title 10, United States Code, is amended
by striking ``explosives, and'' and inserting ``explosives
and''.
(b) Defense Environmental Restoration Program.--Section
2703(b) of such title is amended by striking `` `unexploded
ordnance', `discarded military munitions', and'' and
inserting `` `discarded military munitions' and''.

Subtitle F--Military Mail Matters

SEC. 1061. SAFE DELIVERY OF MAIL IN THE MILITARY MAIL SYSTEM.

(a) Plan Required.--
(1) In general.--The Secretary of Defense shall promptly
develop and implement a plan to ensure that the mail within
the military mail system is safe for delivery.
(2) Screening.--The plan under this subsection shall
provide for the screening of all mail within the military
mail system in order to detect the presence in such mail of
biological, chemical, or radiological weapons, agents, or
pathogens, or explosive devices, before such mail is
delivered to its intended recipients.
(b) Funding for Plan.--The budget justification materials
that are submitted to Congress with the budget of the
President for any fiscal year after fiscal year 2006, as
submitted under section 1105(a) of title 31, United States
Code, shall include a description of the amounts required in
such fiscal year to carry out the plan under subsection (a).
(c) 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 the congressional defense committees 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 such system
is safe for delivery.
(B) The plan developed under subsection (a).
(C) An estimate of the time and resources required to
implement the plan.
(D) A description of the delegation within the Department
of Defense of responsibility for ensuring that mail within
the military mail system is safe for delivery, including
responsibility for the development, implementation, and
oversight of improvements to that system in order to ensure
the safety of such mail for delivery.
(3) Form.--The report shall be submitted in unclassified
form, but may include a classified annex.
(d) Mail Within the Military Mail System Defined.--
(1) In general.--Except as provided in paragraph (2), in
this section, the term ``mail within the military mail
system''--
(A) means--
(i) 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, military
Air Mail Terminals, and military Fleet Mail Centers; and
(ii) any mail or package posted in the United States that
is addressed to an unspecified member of the Armed Forces;
and
(B) includes any official mail posted by the Department of
Defense.
(2) Exception.--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 its posting as so described.

SEC. 1062. DELIVERY OF MAIL ADDRESSED TO ANY SERVICE MEMBER.

(a) Program of Delivery of Mail.--The Secretary of Defense
shall carry out a program under which mail and packages
addressed to Any Service Member that are posted in the United
States shall be delivered to deployed members of the Armed

[[Page S10874]]

Forces overseas at or through such Army Post Offices (APOs)
and Fleet Post Offices (FPOs) as the Secretary shall
designate for purposes of the program.
(b) Screening of Mail.--In carrying out the program
required by subsection (a), the Secretary shall take
appropriate actions to ensure that the mail and packages
covered by the program are screened in order to detect the
presence in such mail and packages of biological, chemical,
or radiological weapons, agents, or pathogens, or explosive
devices, before such mail and packages are delivered to
members of the Armed Forces.
(c) Distribution.--The Secretary shall ensure that mail and
packages delivered under the program required by subsection
(a) are widely distributed on an equitable basis among all
the Armed Forces in their overseas areas.
(d) Outreach.--
(1) In general.--The Secretary shall, in collaboration with
the Postmaster General, take appropriate actions to provide
information to the public on the program required by
subsection (a).
(2) Outlets.--Information shall be provided to the public
under this subsection through Department of Defense
facilities and communications outlets, Postal Service
facilities, and such other means as the Secretary and the
Postmaster General consider appropriate.
(e) Any Service Member Defined.--In this section, the term
``Any Service Member'' means an undesignated or unspecified
member of the Armed Forces (often addressed on mail or
packages as ``Any American Service Member or Soldier''),
rather than any particular or specified member of the Armed
Forces.

Subtitle G--Other Matters

SEC. 1071. 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 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.

SEC. 1072. CLARIFICATION OF AUTHORITY TO ISSUE SECURITY
REGULATIONS AND ORDERS UNDER INTERNAL SECURITY
ACT OF 1950.

Section 21(a) of the Internal Security Act of 1950 (Public
Law 81-831; 64 Stat. 1005) is amended by inserting ``or
military or civilian director'' after ``military commander''.

SEC. 1073. SUPPORT FOR YOUTH ORGANIZATIONS.

(a) Short Title.--This section may be cited as the
``Support Our Scouts Act of 2005''.
(b) Support for Youth Organizations.--
(1) Definitions.--In this subsection--
(A) the term ``Federal agency'' means each department,
agency, instrumentality, or other entity of the United States
Government; and
(B) the term ``youth organization''--
(i) means any organization that is designated by the
President as an organization that is primarily intended to--

(I) serve individuals under the age of 21 years;
(II) provide training in citizenship, leadership, physical
fitness, service to community, and teamwork; and
(III) promote the development of character and ethical and
moral values; and

(ii) shall include--

(I) the Boy Scouts of America;
(II) the Girl Scouts of the United States of America;
(III) the Boys Clubs of America;
(IV) the Girls Clubs of America;
(V) the Young Men's Christian Association;
(VI) the Young Women's Christian Association;
(VII) the Civil Air Patrol;
(VIII) the United States Olympic Committee;
(IX) the Special Olympics;
(X) Campfire USA;
(XI) the Young Marines;
(XII) the Naval Sea Cadets Corps;
(XIII) 4-H Clubs;
(XIV) the Police Athletic League;
(XV) Big Brothers--Big Sisters of America; and
(XVI) National Guard Youth Challenge.

(2) In general.--
(A) Support for youth organizations.--
(i) 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 organization chartered under the chapter of title 36,
United States Code, relating to that youth organization) than
was provided during the preceding fiscal year. This clause
shall be subject to the availability of appropriations
(ii) Youth organizations that cease to exist.--Clause (i)
shall not apply to any youth organization that ceases to
exist.
(iii) Waivers.--The head of a Federal agency may waive the
application of clause (i) to any youth organization with
respect to each conviction or investigation described under
subclause (I) or (II) for a period of not more than 2 fiscal
years if--

(I) 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
(II) the youth organization is the subject of a criminal
investigation relating to fraudulent use or waste of Federal
funds.

(B) Types of support.--Support described under this
paragraph shall include--
(i) holding meetings, camping events, or other activities
on Federal property;
(ii) hosting any official event of such organization;
(iii) loaning equipment; and
(iv) providing personnel services and logistical support.
(c) Support for Scout Jamborees.--
(1) Findings.--Congress makes the following findings:
(A) Section 8 of article I of the Constitution of the
United States commits exclusively to Congress the powers to
raise and support armies, provide and maintain a Navy, and
make rules for the government and regulation of the land and
naval forces.
(B) Under those powers conferred by section 8 of article I
of the Constitution of the United States to provide, support,
and maintain the Armed Forces, it lies within the discretion
of Congress to provide opportunities to train the Armed
Forces.
(C) The primary purpose of the Armed Forces is to defend
our national security and prepare for combat should the need
arise.
(D) One of the most critical elements in defending the
Nation and preparing for combat is training in conditions
that simulate the preparation, logistics, and leadership
required for defense and combat.
(E) Support for youth organization events simulates the
preparation, logistics, and leadership required for defending
our national security and preparing for combat.
(F) For example, Boy Scouts of America's National Scout
Jamboree is a unique training event for the Armed Forces, as
it requires the construction, maintenance, and disassembly of
a ``tent city'' capable of supporting tens of thousands of
people for a week or longer. Camporees at the United States
Military Academy for Girl Scouts and Boy Scouts provide
similar training opportunities on a smaller scale.
(2) Support.--Section 2554 of title 10, United States Code,
is amended by adding at the end the following:
``(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
paragraph (1) would be detrimental to the national security
of the United States; and
``(B) reports such a determination to the Congress in a
timely manner, and before such support is not provided.''.
(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:
``(e) Equal Access.--
``(1) Definition.--In this subsection, the term `youth
organization' means any 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
government that has a designated open forum, limited public
forum, or nonpublic forum and that is a recipient of
assistance under this chapter 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.''.

TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY

SEC. 1101. EXTENSION OF AUTHORITY FOR VOLUNTARY SEPARATIONS
IN REDUCTIONS IN FORCE.

Section 3502(f)(5) of title 5, United States Code, is
amended by striking ``September 30, 2005'' and inserting
``September 30, 2010''.

SEC. 1102. COMPENSATORY TIME OFF FOR NONAPPROPRIATED FUND
EMPLOYEES OF THE DEPARTMENT OF DEFENSE.

Section 5543 of title 5, United States Code, is amended by
adding at the end the following new subsection:
``(d) The Secretary of Defense may, on request of a
Department of Defense employee paid from nonappropriated
funds, grant such employee compensatory time off from duty
instead of overtime pay for overtime work.''.

SEC. 1103. EXTENSION OF AUTHORITY TO PAY SEVERANCE PAYMENTS
IN LUMP SUMS.

Section 5595(i)(4) of title 5, United States Code, is
amended by striking ``October 1, 2006'' and inserting
``October 1, 2010''.

[[Page S10875]]

SEC. 1104. CONTINUATION OF FEDERAL EMPLOYEE HEALTH BENEFITS
PROGRAM ELIGIBILITY.

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
``February 1, 2011''; and
(B) by striking ``October 1, 2006'' and inserting ``October
1, 2010''.

SEC. 1105. PERMANENT AND ENHANCED AUTHORITY FOR SCIENCE,
MATHEMATICS, AND RESEARCH FOR TRANSFORMATION
(SMART) DEFENSE EDUCATION PROGRAM.

(a) Permanent Authority for Program.--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) in subsection (a)--
(A) by striking ``(1)''; and
(B) by striking paragraph (2); and
(2) by striking ``pilot'' each place it appears.
(b) Assistance Under Program.--Such section is further
amended--
(1) in subsection (b)--
(A) by striking ``(b)'' and all that follows through ``a
scholarship'' and inserting ``(b) Assistance.--(1) Under the
program under this section, the Secretary of Defense may
award a scholarship or fellowship'';
(B) in paragraph (1)(B), 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
``laboratory expenses,''; and
(iii) by striking the second sentence; and
(D) by adding at the end the following new paragraph:
``(3) Any assistance payable to a person under this
subsection may be paid directly to the person awarded such
assistance or to an administering entity that shall disburse
such assistance to the person.''; and
(2) in subsection (c)(2)--
(A) by striking ``a scholarship'' and inserting ``financial
assistance'';
(B) by striking ``the financial assistance provided under
the scholarship'' and inserting ``such financial
assistance''; and
(C) by striking ``the scholarship.'' and inserting ``such
financial assistance.''.
(c) Employment of Program Participants.--Such section is
further amended--
(1) by redesignating subsections (d), (e), (f), (g), and
(h) as subsections (e), (f), (g), (h), and (i), respectively;
and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Employment of Program Participants.--(1) The
Secretary 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 position
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 subsection (c).''.
(d) 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
voluntarily 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 employment
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
determined by the Secretary.''.
(e) Conforming Amendments.--
(1) Subsection (f) of such section, as redesignated by
subsection (c)(1) of this section, is further amended by
striking ``Pilot''.
(2) The heading of such section is amended to read as
follows:

``SEC. 1105. SCIENCE, MATHEMATICS, AND RESEARCH FOR
TRANSFORMATION (SMART) DEFENSE EDUCATION
PROGRAM.''.

(3) Section 3304(a)(3)(B)(ii) of title 5, United States
Code, is--
(A) by striking ``Scholarship Pilot Program'' and inserting
``Defense Education Program''; and
(B) by inserting ``(10 U.S.C. 2912 note)'' after ``for
Fiscal Year 2005''.

SEC. 1106. INCREASE IN AUTHORIZED NUMBER OF DEFENSE
INTELLIGENCE SENIOR EXECUTIVE SERVICE
EMPLOYEES.

Section 1606(a) of title 10, United States Code, is amended
by striking ``544'' and inserting ``the following:
``(1) In fiscal year 2005, 544.
``(2) In fiscal year 2006, 619.
``(3) In fiscal years after fiscal year 2006, 694.''.

SEC. 1107. STRATEGIC HUMAN CAPITAL PLAN FOR CIVILIAN
EMPLOYEES OF THE DEPARTMENT OF DEFENSE.

(a) Plan Required.--(1) Not later than six months after the
date of the enactment of this Act, the Secretary of Defense
shall develop and submit to the appropriate committees of
Congress a strategic plan to shape and improve the civilian
employee workforce of the Department of Defense.
(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) a workforce gap analysis, including 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
requirements 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 retirement 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 subparagraph
(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 program objectives
of the Department to be achieved through such strategies.
(c) Inapplicability of Certain Limitations.--The
recruitment and retention of civilian employees to meet the
goals established under subsection (b)(2)(A) shall not be
subject to any limitation or constraint under statute or
regulations on the end strength of the civilian workforce of
the Department of Defense or any part of the workforce of the
Department.
(d) Annual Updates.--Not later than March 1 of each year
from 2007 through 2012, the Secretary shall update the
strategic human capital plan required by subsection (a), as
previously updated under this subsection.
(e) Annual Reports.--Not later than March 1 of each year
from 2007 through 2012, the Secretary shall submit to the
appropriate committees of Congress--
(1) the update of the strategic human capital plan prepared
in such year under subsection (d); 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.
(f) Comptroller General Review.--(1) 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 appropriate
committees of Congress a report on the plan.
(2) Not later than 90 days after the Secretary submits
under subsection (e) an update of the strategic human capital
plan under subsection (d), the Comptroller General shall
submit to the appropriate committees of Congress a report on
the update.
(3) A report on the strategic human capital plan under
paragraph (1), or on an update of the plan under paragraph
(2), shall include the assessment of the Comptroller General
of the extent to which the plan or update, as the case may
be--
(A) complies with the requirements of this section; and
(B) complies with applicable best management practices (as
determined by the Comptroller General).
(g) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--

[[Page S10876]]

(1) the Committees on Armed Services and Homeland Security
and Governmental Affairs of the Senate; and
(2) the Committees on Armed Services and Government Reform
of the House of Representatives.

SEC. 1108. COMPTROLLER GENERAL STUDY ON FEATURES OF
SUCCESSFUL PERSONNEL MANAGEMENT SYSTEMS OF
HIGHLY TECHNICAL AND SCIENTIFIC WORKFORCES.

(a) In General.--The Comptroller General of the United
States shall conduct a study to identify the features of
successful personnel management systems of the highly
technical and scientific workforces of the Department of
Defense laboratories and similar scientific facilities and
institutions.
(b) Elements.--The study required by subsection (a) shall
include the following:
(1) An examination of the flexible personnel management
authorities, whether under statute or regulations, currently
being utilized at Department of Defense demonstration
laboratories to assist in the management of the workforce of
such laboratories.
(2) An identification of any flexible personnel management
authorities, whether under statute or regulations, available
for use in the management of Department of Defense
laboratories to assist in the management of the workforces of
such laboratories that are not currently being utilized.
(3) An assessment of personnel management practices
utilized by scientific and technical laboratories and
institutions that are similar to the Department of Defense
laboratories.
(4) A comparative analysis of the specific features
identified by the Comptroller General in successful personnel
management systems of highly technical and scientific
workforces to attract and retain critical employees and to
provide local management authority to Department of Defense
laboratory officials.
(c) Purposes.--The purposes of the study shall include--
(1) the identification of the specific features of
successful personnel management systems of highly technical
and scientific workforces;
(2) an assessment of the potential effects of the
utilization of such features by Department of Defense
laboratories on the missions of such laboratories and on the
mission of the Department of Defense as a whole; and
(3) recommendations as to the future utilization of such
features in Department of Defense laboratories.
(d) Laboratory Personnel Demonstration Authorities.--The
laboratory personnel demonstration authorities set forth in
this subsection are as follows:
(1) The authorities in section 342(b) of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law
103-337; 108 Stat. 2721), as amended by section 1114 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-315)).
(2) The authorities in section 1101 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 5 U.S.C. 3104 note).
(e) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit
to the appropriate committees of Congress a report on the
study required by this section. The report shall include--
(1) a description of the study;
(2) an assessment of the effectiveness of the current
utilization by the Department of Defense of the laboratory
personnel demonstration authorities set forth in subsection
(d); and
(3) such recommendations as the Comptroller General
considers appropriate for the effective use of available
personnel management authorities to ensure the successful
personnel management of the highly technical and scientific
workforce of the Department of Defense laboratories.
(f) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committees on Armed Services, Appropriations, and
Homeland Security and Governmental Affairs of the Senate; and
(2) the Committees on Armed Services, Appropriations, and
Government Reform of the House of Representatives.

TITLE XII--MATTERS RELATING TO OTHER NATIONS

SEC. 1201. COMMANDERS' EMERGENCY RESPONSE PROGRAM.

(a) Authority for Fiscal Years 2006 and 2007.--During
fiscal year 2006 and fiscal year 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 in each such fiscal year to provide funds--
(1) for the Commanders' Emergency Response Program; and
(2) for a similar program to assist the people of
Afghanistan.
(b) Quarterly Reports.--Not later than 15 days after the
end of each fiscal-year quarter (beginning with the first
quarter of fiscal year 2006), 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) Commanders' Emergency Response Program Defined.--In
this section, the term ``Commanders' Emergency Response
Program'' 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 immediately assist the Iraqi people.

SEC. 1202. ENHANCEMENT AND EXPANSION OF AUTHORITY TO PROVIDE
HUMANITARIAN AND CIVIC ASSISTANCE.

(a) Increase in Authorized Expenses Associated With
Detection and Clearance of Landmines.--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) Inclusion of Assistance on Communications and
Information Infrastructure Under Authority.--Such section is
further amended--
(1) in subsection (c)--
(A) by redesignating paragraph (4) as paragraph (5); and
(B) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Expenses covered by paragraph (1) also include
expenses incurred in providing communications or information
systems equipment or supplies that are transferred or
otherwise furnished to a foreign country in furtherance of
the provision of other assistance under this section.''; and
(2) in subsection (e), by adding at the end the following
new paragraph:
``(6) Restoring or improving the information and
communications infrastructure of a country, including
activities relating to the furnishing of education, training,
and technical assistance with respect to information and
communications technology.''.
(c) Expansion of Authority To Provide Medical, Dental, and
Veterinary Care.--Subsection (e)(1) of such section is
amended by inserting before the period the following: ``,
including education, training, and technical assistance
related to the care provided''.
(d) Effective Date.--The amendments made by this section
shall take effect on October 1, 2005.

SEC. 1203. MODIFICATION OF GEOGRAPHIC LIMITATION ON PAYMENT
OF PERSONNEL EXPENSES UNDER BILATERAL OR
REGIONAL COOPERATION PROGRAMS.

Section 1051(b)(1) of title 10, United States Code, is
amended by striking ``within the area'' and all that follows
through ``developing country is located'' and inserting ``to
and within the area of responsibility of a unified combatant
command (as such term is defined in section 161(c) of this
title)''.

SEC. 1204. PAYMENT OF TRAVEL EXPENSES OF COALITION LIAISON
OFFICERS.

(a) Authority To Pay Certain Travel Expenses of Military
Officers on Coalition Missions.--Subsection (b) of section
1051a of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(3) The Secretary may pay the travel expenses of a
military officer of a developing country involved in
coalition operations while temporarily assigned to the
headquarters of a combatant command, component command, or
subordinate operational command for the mission-related
roundtrip travel of such officer, upon the direction of the
commander of such command, from such headquarters to one or
more locations specified by the commander of such command if
such travel is determined to be in support of United States
national interests.''.
(b) Extension of Authority To Pay Travel Expenses.--
Subsection (e) of such section is amended by striking
``September 30, 2005'' and inserting ``September 30, 2009''.
(c) Effective Date.--The amendments made by this section
shall take effect on October, 1, 2005.

SEC. 1205. PROHIBITION ON ENGAGING IN CERTAIN TRANSACTIONS.

(a) Application of IEEPA Prohibitions to Those Attempting
to Evade or Avoid the Prohibitions.--Section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
is amended to read as follows:

``PENALTIES

``Sec. 206. (a) It shall be unlawful for--
``(1) a person to violate or attempt to violate any
license, order, regulation, or prohibition issued under this
title;
``(2) a person subject to the jurisdiction of the United
States to take any action to evade or avoid, or attempt to
evade or avoid, a license, order, regulation, or prohibition
issued this title; or
``(3) a person subject to the jurisdiction of the United
States to approve, facilitate, or provide financing for any
action, regardless of who initiates or completes the action,
if it would be unlawful for such person to initiate or
complete the action.
``(b) A civil penalty of not to exceed $250,000 may be
imposed on any person who commits an unlawful act described
in paragraph (1), (2), or (3) of subsection (a).
``(c) A person who willfully commits, or willfully attempts
to commit, an unlawful act described in paragraph (1), (2),
or (3) of subsection (a) shall, upon conviction, be fined not
more than $500,000, or a natural person, may be imprisoned
not more than 10 years, or both; and any officer, director,
or agent of any person who knowingly participates, or
attempts to participate, in such unlawful act may be punished
by a like fine, imprisonment, or both.''.

[[Page S10877]]

(b) Production of Records.--Section 203(a)(2) of the
International Emergency Economic Powers Act (50 U.S.C.
1702(a)(2)) is amended to read as follows:
``(2) In exercising the authorities granted by paragraph
(1), the President may require any person to keep a full
record of, and to furnish under oath, in the form of reports,
testimony, answers to questions, or otherwise, complete
information relative to any act or transaction referred to in
paragraph (1), either before, during, or after the completion
thereof, or relative to any interest in foreign property, or
relative to any property in which any foreign country or any
national thereof has or has had any interest, or as may be
otherwise necessary to enforce the provisions of such
paragraph. The President may require by subpoena or otherwise
the production under oath by any person of all such
information, reports, testimony, or answers to questions, as
well as the production of any required books of accounts,
records, contracts, letters, memoranda, or other papers, in
the custody or control of any person. The subpoena or other
requirement, in the case of contumacy or refusal to obey,
shall be enforceable by order of any appropriate United
States district court.''.
(c) Clarification of Jurisdiction To Address IEEPA
Violations.--Section 203 of the International Emergency
Economic Powers Act (50 U.S.C. 1702) is further amended by
adding at the end the following:
``(d) The district courts of the United States shall have
jurisdiction to issue such process described in subsection
(a)(2) as may be necessary and proper in the premises to
enforce the provisions of this title.''.

TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION

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
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant 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.

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
prevention 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 Reduction
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 authorized 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
notification.
(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.

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. MODIFICATION OF AUTHORITY TO USE COOPERATIVE
THREAT REDUCTION FUNDS OUTSIDE THE FORMER
SOVIET UNION.

(a) In General.--Subsection (a) of section 1308 of the
National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 117 Stat. 1662; 22 U.S.C. 5963) is
amended--
(1) by striking ``the President may'' and inserting ``the
Secretary of Defense may''; and
(2) by striking ``if the President'' and inserting ``if the
Secretary of Defense, with the concurrence of the Secretary
of State,''.
(b) Availability of Funds.--Subsection (d) of such section
is amended--
(1) in paragraph (1)--
(A) by striking ``The President'' and inserting ``The
Secretary of Defense''; and
(B) by striking ``the President'' and inserting ``the
Secretary of Defense, with the concurrence of the Secretary
of State,''; and
(2) in paragraph (2)--
(A) by striking ``10 days after'' and inserting ``15 days
before''; and
(B) by striking ``the President shall notify Congress'' and
inserting ``the Secretary of Defense shall notify the
congressional defense committees''.

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).

SEC. 1306. REMOVAL OF CERTAIN RESTRICTIONS ON PROVISION OF
COOPERATIVE THREAT REDUCTION ASSISTANCE.

(a) Repeal of Restrictions.--
(1) Soviet nuclear threat reduction act of 1991.--Section
211(b) of the Soviet Nuclear Threat Reduction Act of 1991
(title II of Public Law 102-228; 22 U.S.C. 2551 note) is
repealed.
(2) Cooperative threat reduction act of 1993.--Section
1203(d) of the Cooperative Threat Reduction Act of 1993
(title XII of Public Law 103-160; 22 U.S.C. 5952(d)) is
repealed.
(3) Russian chemical weapons destruction facilities.--
Section 1305 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 22 U.S.C. 5952 note) is
repealed.
(b) Inapplicability of other restrictions.--Section 502 of
the Freedom for Russia and Emerging Eurasian Democracies and
Open Markets Support Act of 1992 (Public Law 102-511; 106
Stat. 3338; 22 U.S.C. 5852) shall not apply to any
Cooperative Threat Reduction program.

TITLE XIV--AUTHORIZATION FOR SUPPLEMENTAL APPROPRIATIONS FOR IRAQ,
AFGHANISTAN, AND THE GLOBAL WAR ON TERRORISM

SEC. 1401. PURPOSE.

The purpose of this title is to authorize supplemental
appropriations for the Department of Defense for fiscal year
2006 for operations in Iraq, Afghanistan, and the global war
on terrorism that are in addition to the amounts otherwise
authorized to be appropriated for the Department of Defense
by this Act.

SEC. 1402. DESIGNATION AS EMERGENCY AMOUNTS.

Amounts appropriated pursuant to the authorizations of
appropriations in this title are designated as an emergency
requirement pursuant to section 402(b) of the conference
report to accompany H. Con. Res. 95 (109th Congress).

SEC. 1403. ARMY PROCUREMENT.

(a) In General.--Funds are hereby authorized to be
appropriated for fiscal year 2006 for procurement accounts of
the Army in amounts as follows:
(1) For aircraft, $70,300,000.
(2) For weapons and tracked combat vehicles, $27,800,000.
(3) For other procurement $376,700,000.
(b) Availability of Certain Amounts.--
(1) Availability.--Of the amount authorized to be
appropriated by subsection (a)(3), $225,000,000 shall be
available for purposes as follows:
(A) Procurement of up-armored high mobility multipurpose
wheeled vehicles (UAHs).
(B) Procurement of wheeled vehicle add-on armor protection,
including armor for M1151/M1152 high mobility multipurpose
wheeled vehicles.
(C) Procurement of M1151/M1152 high mobility multipurpose
wheeled vehicles.
(2) Allocation of funds.--
(A) In general.--Subject to subparagraph (B), the Secretary
of the Army shall allocate the manner in which amounts
available under paragraph (1) shall be available for the
purposes specified in that paragraph.

[[Page S10878]]

(B) Limitation.--Amounts available under paragraph (1) may
not be allocated under subparagraph (A) until the Secretary
certifies to the congressional defense committees that the
Army 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 allocation of
funds is made under subparagraph (A), the Secretary shall
submit to the congressional defense committees a report
describing such allocation of funds.

SEC. 1404. NAVY AND MARINE CORPS PROCUREMENT.

(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2006 for the procurement accounts of the Navy
in amounts as follows:
(1) For aircraft, $183,800,000.
(2) For weapons, including missiles and torpedoes,
$165,500,000.
(3) For other procurement, $30,800,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2006 for the procurement account
for the Marine Corps in the amount of $429,600,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for fiscal year 2006 for the
procurement account for ammunition for the Navy and the
Marine Corps in the amount of $104,500,000.
(d) Availability of Certain Amounts.--
(1) Availability.--Of the amount authorized to be
appropriated by subsection (b), $340,400,000 shall be
available for purposes as follows:
(A) Procurement of up-armored high mobility multipurpose
wheeled vehicles (UAHs).
(B) Procurement of wheeled vehicle add-on armor protection,
including armor for M1151/M1152 high mobility multipurpose
wheeled vehicles.
(C) Procurement of M1151/M1152 high mobility multipurpose
wheeled vehicles.
(2) Allocation of funds.--
(A) In general.--Subject to subparagraph (B), the Secretary
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 committees 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 allocation of
funds is made under subparagraph (A), the Secretary shall
submit to the congressional defense committees a report
describing such allocation of funds.

SEC. 1405. AIR FORCE PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal
year 2006 for the procurement accounts for the Air Force in
the amounts as follows:
(1) For aircraft, $104,700,000.
(2) For other procurement, $51,900,000.

SEC. 1406. 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, $22,139,775,000, of which $200,000,000
may be made available for linguistic support operations in
Iraq and Afghanistan.
(2) For the Navy, $1,944,300,000.
(3) For the Marine Corps, $1,808,231,000.
(4) For the Air Force, $2,635,555,000.
(5) For Defense-wide activities, $3,470,118,000.
(6) For the Naval Reserve, $2,400,000.

SEC. 1407. 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, the Defense Health Program, in the
amount of $977,778,000, for operation and maintenance.

SEC. 1408. MILITARY PERSONNEL.

Funds are hereby authorized to be appropriated to the
Department of Defense for military personnel accounts for
fiscal year 2006 in amounts as follows:
(1) For military personnel of the Army, $9,517,643,000.
(2) For military personnel of the Navy, $350,000,000.
(3) For military personnel of the Marine Corps,
$811,771,000.
(4) For military personnel of the Air Force, $916,559,000.

SEC. 1409. IRAQ FREEDOM FUND.

(a) In General.--Funds are hereby authorized to be
appropriated for fiscal year 2006 for the Iraq Freedom Fund
in the amount of $3,880,270,000.
(b) Limitation on Availability of Certain Amount.--Of the
amount authorized to be appropriated by subsection (a), not
less than $500,000,000 shall be available only for support of
activities of the Joint Improvised Explosive Device Task
Force.
(c) 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 5 days after the date on
which the Secretary of Defense notifies the congressional
defense committees in writing of the transfer.
(3) Treatment of transferred funds.--Amounts transferred 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.
(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. 1410. TRANSFER AUTHORITY.

(a) Authority To Transfer Authorizations.--
(1) Transfer authorized.--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 on aggregate amount.--The total amount of
authorizations that the Secretary may transfer under the
authority of this section may not exceed $2,500,000,000.
(3) Construction with other transfer authority.--The
transfer authority provided in this section is in addition to
any other transfer authority available to the Secretary of
Defense.
(b) Other 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) Notice and Wait.--A transfer may be made under the
authority of this section only after the Secretary--
(1) consults with the Chairmen and Ranking Members of each
of the congressional defense committees with respect to such
transfer; and
(2) on a date after consultation under paragraph (1), but
not later than five days before the date of such transfer,
submits to the congressional defense committees written
notice of such transfer.
(d) 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.

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.

(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
------------------------------------------------------------------------
Installation or
State                     location             Amount
------------------------------------------------------------------------
Alabama.........................  Redstone Arsenal...        $20,000,000
Alaska..........................  Fort Richardson....         $4,700,000
Fort Wainwright....        $44,660,000
Arizona.........................  Yuma Proving Ground         $8,100,000
California......................  Fort Irwin.........        $17,000,000
Concord............        $11,850,000
Colorado........................  Fort Carson........        $70,622,000
Georgia.........................  Fort Benning.......        $28,211,000
Fort Gillem........         $8,450,000
Fort Stewart/Hunter        $57,980,000
Army Air Field....
Hawaii..........................  Pohakuloa Training         $60,300,000
Area.
Schofield Barracks.        $53,900,000
Kansas..........................  Fort Riley.........        $33,900,000
Kentucky........................  Fort Campbell......       $112,875,000
Louisiana.......................  Fort Polk..........        $28,887,000
Missouri........................  Fort Leonard Wood..        $17,000,000
New Jersey......................  Picatinny Arsenal..         $4,450,000
New York........................  Fort Drum..........        $73,350,000
United States               $4,000,000
Military Academy,
West Point........
North Carolina..................  Fort Bragg.........       $289,850,000
Oklahoma........................  Fort Sill..........         $5,850,000
McAlester Army              $5,400,000
Ammunition Plant..
Pennsylvania....................  Letterkenny Depot..         $6,300,000
Texas...........................  Fort Hood..........        $46,438,000
Fort Sam Houston...         $7,000,000
Utah............................  Dugway Proving             $25,000,000
Ground.
Virginia........................  Fort A.P. Hill.....         $2,700,000
Fort Belvoir.......        $18,000,000
Fort Eustis........         $3,100,000
Fort Myer..........        $15,200,000
Washington......................  Fort Lewis.........        $99,949,000
------------------
Total............     $2,000,622,000
------------------------------------------------------------------------

[[Page S10879]]

(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
------------------------------------------------------------------------
Installation or
Country                    location             Amount
------------------------------------------------------------------------
Germany.........................  Grafenwoehr........        $84,081,000
Italy...........................  Pisa...............         $5,254,000
Korea...........................  Camp Humphreys.....        $99,162,000
Yongpyong..........         $1,450,000
------------------
Total..............       $189,947,000
------------------------------------------------------------------------

SEC. 2102. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2104(a)(5)(A), the Secretary of the Army may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations
or locations, for the purposes, and in the amounts set forth
in the following table:

Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State                   Installation or location            Purpose                 Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................  Fort Richardson...........  117 Units................        $49,000,000
Fort Wainwright...........  180 Units................        $91,000,000
Arizona...............................  Fort Huachuca.............  131 Units................        $31,000,000
Yuma Proving Grounds......  35 Units.................        $11,200,000
Oklahoma..............................  Fort Sill.................  129 Units................        $24,000,000
Virginia..............................  Fort Lee..................  96 Units.................        $19,500,000
Fort Monroe...............  21 Units.................         $6,000,000
------------------
Total.............................  ..........................  .........................       $231,700,000
----------------------------------------------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(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 appropriations in section 2104(a)(5)(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 September 30, 2005, for military construction, land
acquisition, and military family housing functions of the
Department of the Army in the total amount of $2,972,142,000
as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $1,012,722,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $189,947,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$20,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $163,215,000.
(5) 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), $812,993,000.
(6) For the construction of phase 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.
(7) For the construction of phase 3 of the Lewis & 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 phase 2 of trainee barracks
basic training complex 1 at Fort Knox, 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), $21,000,000.
(9) For the construction of phase 2 of a barracks complex
renewal at Fort Bragg, North Carolina, 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), $30,611,000.
(10) For the construction of phase 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.
(11) For the construction of phase 2 of a barracks complex
at Vilseck, Germany, authorized by section 2101(b) of the
Military Construction Authorization Act for Fiscal Year 2004
(division B of Public Law 108-136; 117 Stat. 1698),
$13,600,000.
(12) For the construction of phase 2 of a vehicle
maintenance 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.
(13) For the construction of phase 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.
(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 authorized 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, 10300
block, 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, Fort Bragg, North Carolina).
(4) $77,400,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex for
DIVARTY, Fort Bragg, North Carolina).
(5) $50,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex for
the 3rd Brigade, 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,
Fort Belvoir, Virginia).

TITLE XXII--NAVY

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
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
------------------------------------------------------------------------
Installation or
State                     location             Amount
------------------------------------------------------------------------
Arizona.........................  Marine Corps Air            $3,637,000
Station, Yuma.
California......................  Marine Corps Air            $1,400,000
Station, Camp
Pendleton.........
Marine Corps Base,         $90,437,000
Camp Pendleton.
Naval Air Station,          $8,480,000
Lemoore.
Naval Air Warfare          $19,158,000
Center, China Lake.
Connecticut.....................  Naval Submarine             $4,610,000
Base, New London.
Florida.........................  Naval Air Station,         $88,603,000
Jacksonville.
Naval Air Station,          $8,710,000
Pensacola.........
Naval Station,             $10,750,000
Mayport...........
Navy Diving and             $9,678,000
Salvage Training
Center, Panama
City..............
Whiting Field......         $4,670,000
Georgia.........................  Albany Depot.......         $4,000,000
Navy Submarine              $3,000,000
Base, Kings Bay...
Hawaii..........................  Marine Corps Air            $5,700,000
Station, Kaneohe
Bay...............
Naval Base, Pearl          $29,700,000
Harbor............
Illinois........................  Recruit Training          $167,750,000
Command, Great
Lakes.............
Indiana.........................  Naval Warfare               $8,220,000
Center, Crane.....
Maine...........................  Naval Shipyard,             $8,100,000
Portsmouth........
Maryland........................  Naval Air Warfare           $5,800,000
Center, Patuxent
River.............
United States Naval        $51,720,000
Academy, Annapolis
Mississippi.....................  Naval Air Station,         $10,450,000
Meridian..........
North Carolina..................  Marine Corps Air           $27,147,000
Station, Cherry
Point.............
Marine Corps Base,         $44,590,000
Camp Lejeune......
Marine Corps Air            $6,840,000
Station, New River
Rhode Island....................  Naval Station,             $10,620,000
Newport.
Texas...........................  Naval Air Station,          $6,010,000
Kingsville.
Virginia........................  Marine Corps Air           $19,698,000
Field, Quantico.
Marine Corps Base,          $4,000,000
Quantico..........
Naval Air Station,         $11,680,000
Oceana............
Naval Amphibious           $36,034,000
Base, Little Creek.
Naval Station,            $111,033,000
Norfolk.
Naval Surface               $9,960,000
Warfare Center,
Dahlgren..........
Washington......................  Naval Station,             $70,950,000
Everett.
Naval Submarine            $60,160,000
Base, Bangor.
------------------
Total.......................  ...................       $963,295,000
------------------------------------------------------------------------

(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
installation or location outside the United States, and in
the amount, set forth in the following table:

[[Page S10880]]

Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country                    location             Amount
------------------------------------------------------------------------
Guam............................  Naval Station, Guam        $55,473,000
------------------
Total.......................  ...................        $55,473,000
------------------------------------------------------------------------

SEC. 2202. FAMILY HOUSING.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a)(5)(A), the Secretary of the
Navy may construct or acquire family housing units (including
land acquisition and supporting facilities) at the
installation or location, for the purpose, and in the amount
set forth in the following table:

Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State                   Installation or Location            Purpose                 Amount
----------------------------------------------------------------------------------------------------------------
Guam..................................  Naval Station, Guam.......  126 Units................        $43,495,000
------------------
Total.............................  ..........................  .........................        $43,495,000
----------------------------------------------------------------------------------------------------------------

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 appropriations in section 2204(a)(5)(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 September 30, 2005, for military construction, land
acquisition, and military family housing functions of the
Department of the Navy in the total amount of $1,918,465,000,
as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $761,751,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $25,584,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $1.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $54,507,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$222,139,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $593,660,000.
(6) For the construction of increment 2 of the Presidential
Helicopter program support facility at Naval Air Warfare
Station, Patuxent River, Maryland, authorized by section
2201(c) of the Military Construction Authorization Act for
Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat.
2106), $55,700,000.
(7) For the construction of increment 2 of the apron and
hangar recapitalization at Naval Air Field, El Centro,
California, 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), $18,666,000.
(8) For the construction of increment 3 of pier 11
replacement 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.
(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. 2106),
$47,095,000.
(10) For the construction of increment 2 of a White Side
complex at Marine Corps Air Facility, Quantico, Virginia,
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2005 (division B of Public
Law 108-375; 118 Stat. 2106), $34,730,000.
(11) 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
Construction Authorization Act for Fiscal Year 2004 (division
B of Public Law 108-136; 117 Stat. 1704), $64,432,000.
(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 authorized 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), (2), and (3) of subsection (a).
(2) $43,424,000 (the balance of the amount authorized under
section 2201(a) to replace a helicopter hangar, Naval Air
Station, Jacksonville, Florida).
(3) $45,850,000 (the balance of the amount authorized under
section 2201(a) to upgrade infrastructure, Recruit Training
Command, Great Lakes, Illinois).
(4) $26,790,000 (the balance of the amount authorized under
section 2201(a) for construction of the Wesley Brown Field
House, United States Naval Academy, Annapolis, Maryland).
(5) $31,059,000 (the balance of the amount authorized under
section 2201(a) to replace ship repair pier 3, Naval Station,
Norfolk, Virginia).
(6) $21,000,000 (the balance of the amount authorized under
section 2201(a) for construction of a bachelor enlisted
quarters for the homeport ashore program, Naval Station,
Everett, Washington).
(7) $33,421,000 (the balance of the amount authorized under
section 2201(a) to perform reclamation and conveyance
activities, Marine Corps Base, Camp Pendleton, California).
(8) $29,889,000 (the balance of the amount authorized under
section 2201(b) to improve Alpha/Bravo wharves, Naval
Station, Guam).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (11) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by $92,354,000,
which represents prior year savings.

SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2005 PROJECTS.

(a) Modification of Inside the United States Projects.--The
table in section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2005 (division B of Public
Law 108-375; 118 Stat. 2106) is amended--
(1) 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''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$952,687,000''.
(b) Modification of Unspecified Worldwide Project.--The
table in section 2201(c) of the Military Construction
Authorization Act for Fiscal Year 2005 (division B of Public
Law 108-375; 118 Stat. 2106) is amended--
(1) in the item relating to Unspecified Worldwide, by
striking ``$105,982,000'' in the amount column and inserting
``$95,200,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$95,200,000''.
(c) Conforming Amendments.--Section 2204(b) of that Act
(118 Stat. 2108) is amended--
(1) in paragraph (4), by striking ``$34,098,000'' and
inserting ``$34,730,000''; and
(2) in paragraph (7), by striking ``$65,982,000'' and
inserting ``$55,200,000''.

SEC. 2206. 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
Authorization Act for Fiscal Year 2004 (division B of Public
Law 108-136; 117 Stat. 1704) 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
(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
is amended by striking ``$96,980,000'' and inserting
``$113,652,000''.

TITLE XXIII--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 or locations inside the United States, and in
the amounts, set forth in the following table:

Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State                     location             Amount
------------------------------------------------------------------------
Alabama.........................  Maxwell Air Force          $14,900,000
Base.
Alaska..........................  Clear Air Station..        $20,000,000
Elmendorf Air Force        $84,820,000
Base.
Arizona.........................  Davis-Monthan Air           $8,600,000
Force Base.

[[Page S10881]]

Luke Air Force Base        $13,000,000
Arkansas........................  Little Rock Air             $2,500,000
Force Base.
California......................  Beale Air Force            $14,200,000
Base.
Edwards Air Force         $103,000,000
Base.
Travis Air Force           $42,500,000
Base.
Vandenberg Air             $16,845,000
Force Base.
Colorado........................  Buckley Air Force          $20,100,000
Base.
Peterson Air Force         $12,800,000
Base.
United States Air          $13,000,000
Force Academy.
Delaware........................  Dover Air Force            $19,000,000
Base.
District of Columbia............  Bolling Air Force          $14,900,000
Base.
Florida.........................  Cape Canaveral.....         $6,200,000
Hurlburt Field.....         $2,540,000
MacDill Air Force         $107,200,000
Base.
Tyndall Air Force          $11,500,000
Base.
Georgia.........................  Robins Air Force            $2,000,000
Base.
Hawaii..........................  Hickam Air Force           $13,378,000
Base.
Idaho...........................  Mountain Home Air           $9,835,000
Force Base.
Louisiana.......................  Barksdale Air Force        $10,800,000
Base.
Massachusetts...................  Hanscom Air Force           $3,900,000
Base.
Mississippi.....................  Columbus Air Force         $10,000,000
Base.
Keesler Air Force          $47,500,000
Base.
Missouri........................  Whiteman Air Force          $5,721,000
Base.
Montana.........................  Malmstrom Air Force        $13,500,000
Base.
Nebraska........................  Offutt Air Force           $63,080,000
Base.
Nevada..........................  Indian Springs Air         $60,724,000
Force Auxiliary
Field.............
Nellis Air Force           $24,370,000
Base.
New Jersey......................  McGuire Air Force          $13,185,000
Base.
New Mexico......................  Holloman Air Force         $15,000,000
Base.
Kirtland Air Force          $6,600,000
Base.
North Dakota....................  Minot Air Force             $8,700,000
Base.
Ohio............................  Wright-Patterson           $19,670,000
Air Force Base.
Oklahoma........................  Tinker Air Force           $31,960,000
Base.
Vance Air Force            $14,000,000
Base.
South Carolina..................  Charleston Air              $2,583,000
Force Base.
Shaw Air Force Base         $9,730,000
South Dakota....................  Ellsworth Air Force         $8,400,000
Base.
Texas...........................  Sheppard Air Force         $36,000,000
Base.
Utah............................  Hill Air Force Base        $33,900,000
Virginia........................  Langley Air Force          $38,665,000
Base.
Washington......................  Fairchild Air Force         $8,200,000
Base.
------------------
Total.......................  ...................     $1,039,006,000
------------------------------------------------------------------------

(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:

Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country                    location             Amount
------------------------------------------------------------------------
Germany.........................  Ramstein Air Base..        $11,650,000
Spangdahlem Air            $12,474,000
Base.
Guam............................  Andersen Air Base..        $18,500,000
Italy...........................  Aviano Air Base....        $22,660,000
Korea...........................  Kunsan Air Base....        $44,188,000
Osan Air Base......        $39,719,000
Portugal........................  Lajes Field, Azores        $12,000,000
Turkey..........................  Incirlik Air Base..         $5,780,000
United Kingdom..................  Royal Air Force,            $5,125,000
Lakenheath.
Royal Air Force,           $13,500,000
Mildenhall.
------------------
Total.......................  ...................       $185,596,000
------------------------------------------------------------------------

SEC. 2302. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts
appropriated 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 supporting facilities) at the installations
or locations, for the purposes, and in the amounts set forth
in the following table:

Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State                   Installation or location            Purpose                 Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................  Eielson Air Force Base....  392 Units................        $55,794,000
California............................  Edwards Air Force Base....  226 Units................        $59,699,000
Florida...............................  MacDill Air Force Base....  109 Units................        $40,982,000
Idaho.................................  Mountain Home Air Force     194 Units................        $56,467,000
Base.....................
Missouri..............................  Whiteman Air Force Base...  111 Units................        $26,917,000
Montana...............................  Malmstrom Air Force Base..  296 Units................        $68,971,000
North Carolina........................  Seymour Johnson Air Force   255 Units................        $48,868,000
Base.....................
North Dakota..........................  Grand Forks Air Force Base  300 Units................        $86,706,000
Minot Air Force Base......  223 Units................        $44,548,000
South Carolina........................  Charleston Air Force Base.  10 Units.................        $15,935,000
South Dakota..........................  Ellsworth Air Force Base..  60 Units.................        $14,383,000
Texas.................................  Dyess Air Force Base......  190 Units................        $43,016,000
Germany...............................  Ramstein Air Base.........  101 Units................        $62,952,000
Turkey................................  Incirlik Air Base.........  100 Units................        $22,730,000
United Kingdom........................  Royal Air Force,            107 Units................        $48,437,000
Lakenheath...............
------------------
Total.............................  ..........................  .........................       $696,405,000
----------------------------------------------------------------------------------------------------------------

(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
architectural 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 appropriations in section 2304(a)(5)(A), the Secretary of
the Air Force may improve existing military family housing
units in an amount not to exceed $409,113,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2005, for military construction, land
acquisition, and military family housing functions of the
Department of the Air Force in the total amount of
$3,007,882,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $914,006,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $185,596,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$15,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $83,719,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$1,142,622,000.
(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 authorized 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), (2), and (3) of subsection (a).
(2) $30,000,000 (the balance of the amount authorized under
section 2301(a) for a C-17 maintenance complex, Elmendorf Air
Force Base, Alaska).
(3) $66,000,000 (the balance of the amount authorized under
section 2301(a) to replace the main runway, 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 for Headquarters, Central Command, MacDill Air Force
Base, Florida).

TITLE XXIV--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 table:

Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
Agency                     location             Amount
------------------------------------------------------------------------
Defense Intelligence Agency.....  Bolling Air Force           $7,900,000
Base, District of
Columbia..........
Defense Logistics Agency........  Cannon Air Force           $13,200,000
Base, New Mexico..
Defense                     $6,500,000
Distribution
Depot, New
Cumberland,
Pennsylvania......
Defense                    $33,635,000
Distribution
Depot, Tracy,
California........
Fort Belvoir,               $4,500,000
Virginia..........
Marine Corps Air            $7,300,000
Station Yuma,
Arizona...........

[[Page S10882]]

McConnell Air Force        $15,800,000
Base, Kansas......
Miramar, California        $23,000,000
Naval Station,              $6,700,000
Norfolk, Virginia.
Seymour Johnson Air        $18,500,000
Force Base, North
Carolina..........
Defense Education Agency........  Fort Bragg, North          $18,075,000
Carolina..........
Fort Stewart/Hunter        $16,629,000
Army Air Field,
Georgia...........
National Security Agency........  Augusta, Georgia...        $61,466,000
Fort Meade,                $28,049,000
Maryland..........
Kunia, Hawaii......        $61,466,000
Special Operations Command......  Eglin Air Force            $12,800,000
Base, Florida.....
Fort Bragg, North          $14,769,000
Carolina..........
Fort Campbell,             $37,800,000
Kentucky..........
Fort Lewis,                $53,300,000
Washington........
Fort Stewart/Hunter        $10,000,000
Army Air Field,
Georgia...........
Naval Surface              $28,350,000
Warfare Center,
Corona, California
TRICARE Management Activity.....  Beale Air Force            $18,000,000
Base, California..
Charleston, South          $35,000,000
Carolina..........
Fort Detrick,              $55,200,000
Maryland..........
Keesler Air Force          $14,000,000
Base, Mississippi.
Lackland Air Force         $11,000,000
Base, Texas.......
Naval Hospital, San        $15,000,000
Diego, California.
Nellis Air Force            $1,700,000
Base, Nevada......
Uniformed Services         $10,350,000
University of the
Health Sciences,
Bethesda, Maryland
Peterson Air Force          $1,820,000
Base, Colorado....
------------------
Total.......................  ...................       $641,809,000
------------------------------------------------------------------------

(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 table:

Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Agency                     location             Amount
------------------------------------------------------------------------
Defense Education Agency........  Landstuhl, Germany.         $6,543,000
Vilseck, Germany...         $2,323,000
Agana, Guam........        $40,578,000
Taegu, Korea.......         $8,231,000
Naval Station,              $7,963,000
Rota, Spain.
Defense Logistics Agency........  Souda Bay, Greece..         $7,089,000
Missile Defense Agency..........  Kwajalien Atoll,            $4,901,000
Kwajalien.........
National Security Agency........  Menwith Hall,              $41,697,000
United Kingdom....
TRICARE Management Activity.....  Bahrain, SWA.......         $4,750,000
------------------
Total.......................  ...................       $124,075,000
------------------------------------------------------------------------

SEC. 2402. ENERGY CONSERVATION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2403(a)(6), the Secretary of
Defense may carry out energy conservation projects under
section 2865 of title 10, United States Code, in the amount
of $60,000,000.

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

(a) In General.--Funds are hereby authorized to be
appropriated 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 $2,973,914,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $641,809,000.
(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 contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States
Code, $10,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $135,081,000.
(6) For energy conservation projects authorized by section
2403 of this Act, $60,000,000.
(7) For base closure and realignment activities funded
through the account created pursuant to section 2906 of, and
authorized 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), $377,827,000.
(8) For base closure and realignment activities funded
through the account created pursuant to section 2906A of, and
authorized 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), $1,504,466,000.
(9) 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.
(10) 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 of
Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat.
2100), $57,000,000.
(b) Notice and Wait Requirement Applicable to Obligation of
Funds for Base Closure and Realignment Activities.--None of
the funds authorized to be appropriated by subsection (a)(8)
may be obligated until 21 days after 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 such funds are to be
obligated.

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment
program as provided 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 Secretary 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.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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 reserve components, and
for contributions therefore, 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,
$445,100,000; and
(B) for the Army Reserve, $121,077,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $50,226,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$264,061,000; and
(B) for the Air Force Reserve, $79,260,000.

SEC. 2602. SPECIFIC AUTHORIZED ARMY NATIONAL GUARD
CONSTRUCTION PROJECTS.

Of the amount authorized to be appropriated for the
Department of the Army for the Army National Guard of the
United States under section 2601(1)(A)--
(1) $1,500,000 is available for the construction of an
urban combat course at Camp Roberts, California; and
(2) $1,500,000 is available for the addition or alteration
of a field maintenance shop at Fort Dodge, Iowa.

SEC. 2603. CONSTRUCTION OF FACILITIES, NEW CASTLE COUNTY
AIRPORT AIR GUARD BASE, DELAWARE.

Of the amount authorized to be appropriated for the
Department of the Air Force for the Air National Guard of the
United States under section 2601(3)(A)--
(1) $1,400,000 is available for the construction of a
security forces facility at New Castle County Airport Air
Guard Base, Delaware; and
(2) $1,500,000 is available for the construction of a
medical training facility at New Castle County Airport Air
Guard Base, Delaware.

TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

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.

[[Page S10883]]

(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 authorizations 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
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment 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. 2681),
authorizations set forth in the tables in subsection (b), as
provided in sections 2301, 2302, and 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
----------------------------------------------------------------------------------------------------------------
State                    Installation or location           Project                 Amount
----------------------------------------------------------------------------------------------------------------
Florida................................  Eglin Air Force Base.....  Replace family housing           $15,906,000
(134 Units).............
Florida................................  Eglin Air Force Base.....  Replace Family Housing              $597,000
Office..................
Mississippi............................  Keesler Air Force Base...  Replace family housing           $16,505,000
(117 Units).............
Texas..................................  Randolph Air Force Base..  Replace family housing           $14,311,000
(112 Units).............
Texas..................................  Randolph Air Force Base..  Replace Housing                     $447,000
Maintenance Facility....
Italy..................................  Aviano Air Base..........  Consolidate Area A-1 and          $5,000,000
A-2.....................
----------------------------------------------------------------------------------------------------------------

Defense Wide: Extension of 2003 Project Authorization
----------------------------------------------------------------------------------------------------------------
Agency                   Installation or location           Project                 Amount
----------------------------------------------------------------------------------------------------------------
Special Operations Command.............  Stennis Space Center,      SOF Training Range.......         $5,000,000
Mississippi.............
----------------------------------------------------------------------------------------------------------------

SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2002 PROJECTS.

(a) Extension.--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 sections 2101 and 2302 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:

Army: Extension of 2002 Project Authorization
----------------------------------------------------------------------------------------------------------------
State                    Installation or location             Project               Amount
----------------------------------------------------------------------------------------------------------------
Hawaii..................................  Pohakuloa Training          Land purchase.............      $1,500,000
Facility.................
----------------------------------------------------------------------------------------------------------------

Air Force: Extension of 2002 Project Authorization
----------------------------------------------------------------------------------------------------------------
State                    Installation or location             Project               Amount
----------------------------------------------------------------------------------------------------------------
Louisiana...............................  Barksdale Air Force Base..  Replace family housing (56      $7,300,000
Units)...................
----------------------------------------------------------------------------------------------------------------

SEC. 2704. EFFECTIVE DATE.

Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take
effect on the later of--
(1) October 1, 2005; or
(2) the date of the enactment of this Act.

TITLE XXVIII--GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing
Changes

SEC. 2801. INCREASE IN THRESHOLDS FOR UNSPECIFIED MINOR
MILITARY CONSTRUCTION PROJECTS.

(a) Increase.--Section 2805(a)(1) of title 10, United
States Code, is amended--
(1) by striking ``$1,500,000'' and inserting
``$2,500,000''; and
(2) by striking ``$3,000,000'' and inserting
``$4,000,000''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2005.

SEC. 2802. 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 place 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:

``Sec. 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 chapter 169 of
such title is amended to read as follows:

``2853. Authorized cost and scope of work variations.''.

SEC. 2803. DEPARTMENT OF DEFENSE HOUSING FUNDS.

(a) Requirement to Fund Certain Acquisition and Improvement
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
Secretary''; 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 subchapter.''.
(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, improvement, 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 description of the specific construction,
acquisition, or improvement projects from which funds were
transferred to the Funds established 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'';
(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. 2804. TEMPORARY AUTHORITY TO USE MINOR MILITARY
CONSTRUCTION AUTHORITY FOR CONSTRUCTION OF
CHILD DEVELOPMENT CENTERS.

(a) Thresholds on Construction Authorized.--The Secretary
of Defense shall establish a program to carry out minor
military construction projects under section 2805 of

[[Page S10884]]

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 authority provided
by this section--
(1) the amount specified in the second sentence of
subsection (a)(1) of section 2805 of title 10, United States
Code, shall be deemed to be $7,000,000;
(2) the amount specified in the third sentence of
subsection (a)(1) of such section shall be deemed to be
$8,000,000;
(3) the amount specified in subsection (b)(1) of such
section shall be deemed to be $5,000,000;
(4) the amount specified in subsection (c)(1)(A) of such
section shall be deemed to be $7,000,0000; and
(5) the amount specified in subsection (c)(1)(B) of such
section shall be deemed to be $5,000,000.
(c) Program Requirements.--
(1) Notification.--All notification requirements under such
section shall remain in effect for construction projects
carried out under the authority provided by this section.
(2) Review and approval.--The Secretary shall establish
procedures for the review and approval of requests from the
Secretaries of military departments to carry out construction
projects under the authority provided by this section.
(d) Report on Program.--
(1) 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 under
this section.
(2) Content.--The report shall include--
(A) a list and description of the construction projects
carried out under the program, including the location and
cost of each such project; and
(B) the assessment of the Secretary of the advisability of
extending or expanding the authority for the program under
this section.
(e) Expiration of Authority.--The authority provided 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 6 weeks old
through 5 years old for full-day, part-day, and hourly
service.

SEC. 2805. INAPPLICABILITY TO CHILD DEVELOPMENT CENTERS OF
RESTRICTION ON AUTHORITY TO ACQUIRE OR
CONSTRUCT ANCILLARY SUPPORTING FACILITIES.

Section 2881(b) of title 10, United States Code, is amended
by inserting ``, other than a project for the acquisition or
construction of a child development center,'' after ``A
project referred to in subsection (a)''.

SEC. 2806. AUTHORITY TO CARRY OUT EXCHANGES OF FACILITIES
INCLUDING ASSOCIATED UTILITIES, EQUIPMENT, AND
FURNISHINGS.

(a) In General.--Section 18240 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(h) Facility Defined.--In this section, the term
`facility' includes--
``(1) any facility, as that term is defined in section
18232(2) of this title; and
``(2) any associated utilities, equipment, and furnishings
required to be installed in any such facility.''.
(b) Temporary Authority Related to Cash Equalization
Payments.--Section 2809(c)(4) of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375; 118 Stat. 2127) is amended by striking
``the term `facility' has the meaning given that term in
section 18232(2) of title 10, United States Code'' and
inserting the following: ``the term `facility' has the
meaning given that term in section 18240(h) of title 10,
United States Code''.

SEC. 2807. INCREASE IN NUMBER OF FAMILY HOUSING UNITS IN
KOREA AUTHORIZED FOR LEASE BY THE ARMY AT
MAXIMUM AMOUNT.

Section 2828(e)(4) of title 10, United States Code, is
amended by striking ``2,400'' and inserting ``2,800''.

Subtitle B--Real Property and Facilities Administration

SEC. 2821. AUTHORITY TO LEASE NON-EXCESS PROPERTY OF
DEPARTMENT OF DEFENSE FIELD ACTIVITIES.

Section 2667a of title 10, United States Code, is amended--
(1) by amending the heading to read as follows:

``Sec. 2667a. Leases: non-excess property of Defense Agencies
and Department of Defense Field Activities'';

(2) in subsection (a)(1), by striking ``Defense agency''
and inserting ``Defense Agency or Department of Defense Field
Activity''; and
(3) in subsection (d)--
(A) by striking ``Defense agency'' and inserting ``Defense
Agency or Department of Defense Field Activity''; and
(B) by striking ``a Defense agency's special account'' and
inserting ``the special account of a Defense Agency or
Department of Defense Field Activity''.

SEC. 2822. MODIFIED CRITERIA FOR AGREEMENTS TO LIMIT
ENCROACHMENTS AND OTHER CONSTRAINTS ON MILITARY
TRAINING, TESTING, AND OPERATIONS.

(a) Modified Criteria.--Section 2684a of title 10, United
States Code, is amended--
(1) in subsection (a)--
(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 the
airspace of such installation'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``An agreement with an eligible entity
under this section may provide for'' and inserting ``An
agreement with an eligible entity or entities under this
section shall provide for'';
(ii) in subparagraph (A), by inserting ``or entities''
after ``entity''; and
(iii) by amending subparagraph (B) to read as follows:
``(B) the equal sharing by the Department of Defense and
the entity or entities of the acquisition costs, whether by
contribution of funding or like-kind exchange of property or
lesser property interest.'';
(B) by redesignating paragraphs (2), (3), (4), and (5) as
paragraphs (4), (5), (6), and (7), respectively;
(C) by inserting after paragraph (1) the following new
paragraphs:
``(2) The Secretary concerned may waive the requirement in
paragraph (1)(B) to equally share acquisition costs if--
``(A) the Secretary determines that the agreement is
essential to accomplish the mission of the installation;
``(B) the Secretary notifies the congressional defense
committees in writing of the determination and the reasons
for the determination; and
``(C) a period of 21 days has elapsed after the date on
which such notification is received by the committees.
``(3) The acquisition cost of any lesser interest in the
property may not exceed 70 percent of the appraised value of
the property.''; and
(D) in paragraph (5), as redesignated by subparagraph (B),
by inserting ``or entities'' after ``entity'';
(3) by redesignating subsection (h) as subsection (i); and
(4) by inserting after subsection (g) the following new
subsection:
``(h) Annual Reports.--(1) Not later than March 15, 2006,
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 Management
Resource Center, submit to the congressional defense
committees a report on the implementation of projects
undertaken pursuant to this section.
``(2) The reports submitted under paragraph (1) shall
include--
(A) a description of the status of such projects;
(B) an assessment of the effectiveness of such projects and
other actions undertaken pursuant to this section as part of
a long-range 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 prioritize projects undertaken pursuant to this
section;
(D) a description of the shared costs by the Department of
Defense and the eligible entity or entities under each
agreement undertaken or proposed; and
(E) recommendations for any legislation or changes in
regulations to increase the efficiency and effectiveness of
actions taken under this section.''.
(b) Applicability of Modified Criteria.--The requirement
under subsection (d)(1)(B) of such section (as amended by
subsection (a)(2)(A)(iii)) that an agreement under such
section shall provide for the equal sharing of acquisition
costs by the Department of Defense and an eligible entity or
entities shall not apply to an agreement initiated before the
date of the enactment of this Act.

Subtitle C--Land Conveyances

PART I--ARMY CONVEYANCES

SEC. 2841. LAND CONVEYANCE, HELENA, MONTANA.

(a) Conveyance Authorized.--The Secretary of the Army may
convey by quitclaim deed to the Helena Indian Alliance, all
right, title, and interest of the United States in and to a
parcel of real property consisting of approximately 3.0 acres
located at Sheridan Hall United States Army Reserve Center,
501 Euclid Avenue, Helena, Montana, including improvements
thereon, 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) In general.--The Secretary shall require the Helena
Indian Alliance to cover costs to be incurred by the
Secretary, or to

[[Page S10885]]

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 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) Reimbursement.--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
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 the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
State

SEC. 2842. LAND CONVEYANCE, ARMY RESERVE CENTER, BOTHELL,
WASHINGTON.

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, 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 1.0
acres located at the Army Reserve Center, Bothell,
Washington, for the purpose of permitting the Fire District
to operate a fire station on the property.
(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) In general.--The Secretary may require the Fire
District 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 Fire District
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 Fire District.
(2) Reimbursement.--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 surveys satisfactory to
the Secretary. The cost of each survey shall be borne by the
Fire District.
(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.

PART II--AIR FORCE CONVEYANCES

SEC. 2861. ACQUISITION OF BUILD-TO-LEASE FAMILY HOUSING AT
EIELSON AIR FORCE BASE, ALASKA.

(a) Acquisition Authorized.--
(1) In general.--The Secretary of the Air Force may
purchase the entire interest of the developer in the military
family housing project at Eielson Air Force Base, Alaska,
described in paragraph (2) if the Secretary determines that
the purchase is in the best economic interests of the Air
Force.
(2) Description of project.--The military family housing
project referred to in this section is the 300-unit military
family housing project at Eielson Air Force Base that was
constructed by the developer and is leased by the Secretary
under section 2835 of title 10, United States Code (in this
section referred to as the ``Eielson housing project'').
(b) Consideration.--The consideration paid by the Secretary
under this section for the interest of the developer in the
Eielson housing project may not exceed an amount equal to the
fair market value of such interest, as determined by the
Secretary.
(c) Time for Purchase.--
(1) In general.--Subject to paragraph (2), the Secretary
may make the purchase authorized by subsection (a) at any
time after the end of the term of the lease for the Eielson
housing project.
(2) Notice and wait requirement.--The Secretary may not
make the purchase authorized by subsection (a) until 30 days
after notifying the congressional defense committees of the
Secretary's election to make such purchase.

Subtitle D--Other Matters

SEC. 2881. REORGANIZATION AND TECHNICAL IMPROVEMENT OF
CODIFIED LAWS APPLICABLE TO REAL PROPERTY OF
THE DEPARTMENT OF DEFENSE.

(a) Consolidation of Acquisition Authority.--Section 2663
of title 10, United States Code, is amended--
(1) in the heading, by inserting ``authority'' after
``Acquisition'';
(2) in subsection (a)--
(A) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(B) by striking ``(a) The Secretary'' and inserting the
following:
``(a) In General.--(1) The Secretary''; and
(C) in paragraph (1)(C), as redesignated by this paragraph,
by striking ``clause (2)'' and inserting ``subparagraph
(B)'';
(3) by redesignating subsections (b), (c), and (d), as
paragraphs (2), (3), and (4), respectively;
(4) by striking ``subsection (a)'' each place it appears
and inserting ``paragraph (1)''; and
(5) by adding at the end the following new subsections:
``(b) Low-Cost Interests in Land.--(1) The Secretary of a
military department may acquire any interest in land that--
``(A) the Secretary determines--
``(i) is needed in the interest of national defense; and
``(ii) does not cost more than $750,000, exclusive of
administrative costs and the amounts of any deficiency
judgments; or
``(B) the Secretary determines--
``(i) is needed solely to correct a deficiency that is
life-threatening, health-threatening, or safety-threatening;
and
``(ii) does not cost more than $1,500,000, exclusive of
administrative costs and the amounts of any deficiency
judgments.
``(2) This subsection does not apply to the acquisition, as
part of the same project, of more than one parcel of land
unless--
``(A) the parcels are noncontiguous; or
``(B) if the parcels are contiguous--
``(i) the total cost of such parcels is not more than
$750,000 in the case of an acquisition under paragraph
(1)(A); or
``(ii) the total cost of such parcels is not more than
$1,500,000 in the case of an acquisition under paragraph
(1)(B).
``(3) Appropriations available to the Department of Defense
for operation and maintenance or for military construction
may be used for the acquisition of land or interests in land
under paragraph (1).
``(c) Interests in Land When Need Is Urgent.--(1) The
Secretary of a military department may acquire any interest
in land in any case in which the Secretary determines that--
``(A) the acquisition is needed in the interest of national
defense;
``(B) the acquisition is required to maintain the
operational integrity of a military installation; and
``(C) considerations of urgency do not permit the delay
necessary to include the acquisition in an annual Military
Construction Authorization Act.
``(2) Not later than 10 days after the date on which the
Secretary of a military department determines to acquire an
interest in land under the authority of this subsection, the
Secretary shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives written notice containing a description of
the property and interest to be acquired and the reasons for
the acquisition.
``(3) Appropriations available for military construction
may be used for the acquisition of land under this
subsection.
``(d) Scope of Authority.--The authority to acquire
interests in real property (including a temporary interest)
under this section includes authority to--
``(1) make surveys; and
``(2) acquire interests in real property by gift, purchase,
exchange of real property owned by the United States, or
otherwise.''.
(b) Acquisition Limitations.--
(1) Transfer of limitations.--Section 2676 of such title
is--
(A) transferred to appear after section 2663 of such title;
and
(B) redesignated as section 2664 of such title.
(2) Stylistic and clerical amendments.--Section 2664 of
such title, as redesignated by paragraph (1), is amended--
(A) by striking subsection (b);
(B) by redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively;
(C) in subsection (b), as redesignated by subparagraph
(B)--
(i) by striking ``determines (A) that such'' and inserting
the following: ``determines that--
``(A) such'';
(ii) by striking ``cost, and (B) that such'' and inserting
the following: ``cost; and
``(B) that such''; and
(iii) by striking ``subsection (d)'' and inserting
``subsection (c)'';
(D) in subsection (c), as so redesignated, by striking
``subsection (c)'' and inserting ``subsection (b)''; and
(E) in subsection (d), as so redesignated, by striking
``subsections (c) and (d)'' and inserting ``subsections (b)
and (c)''.
(c) Repeal of Consolidated Sections.--The following
sections of chapter 159 of such title are repealed:

[[Page S10886]]

(1) Section 2672.
(2) Section 2672a.
(d) Clerical Amendments.--The table of sections at the
beginning of such chapter is amended--
(1) by amending the item relating to section 2663 to read
as follows:

``2663. Acquisition authority.'';

(2) by inserting after the item relating to section 2663
the following new item:

``2664. Acquisition: limitations.''; and

(3) by striking the items relating to sections 2672, 2672a,
and 2676.
(e) Repeal of Obsolete Authority.--Section 2665 of such
title is amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b), (c), (d), (e), and
(f) as subsections (a), (b), (c), (d), and (e), respectively;
(3) in subsection (b), as redesignated by paragraph (2), by
striking ``subsection (a) or (b)'' and inserting ``subsection
(a)''; and
(4) in paragraph (2) of subsection (e), as so
redesignated--
(A) by striking ``subsections (a) and (b)'' and inserting
``subsection (a)'';
(B) by striking ``subsection (d)'' and inserting
``subsection (c)''; and
(C) by striking ``subsection (e)'' and inserting
``subsection (d)''.
(f) Transfer of Ford Island Provision.--
(1) Transfer and redesignation.--Section 2814 of such title
is--
(A) transferred to appear after section 7524 of such title;
and
(B) redesignated as section 7525 of such title.
(2) Technical and conforming amendments.--Subsection (i) of
section 7525 of such title, as transferred and redesignated
by paragraph (1), is amended--
(A) in paragraph (2)--
(i) by striking ``To extent'' and inserting ``To the
extent; and
(ii) by striking ``this chapter'' and inserting ``chapter
169 of this title''; and
(B) in paragraph (3)(B), by striking ``this chapter'' and
inserting ``chapter 169 of this title''.
(3) Clerical amendments.--(A) The table of sections at the
beginning of chapter 169 of such title is amended by striking
the item relating to section 2814.
(B) The table of sections at the beginning of chapter 645
of such title is amended by adding at the end the following
new item:

``7525. Special authority for development of Ford Island, Hawaii.''.

(g) 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:
``(d) In this chapter, the terms `Secretary concerned' and
`Secretary of a military department' include the Secretary of
Defense with respect to the Pentagon Reservation.''.

SEC. 2882. REPORT ON APPLICATION OF FORCE PROTECTION AND
ANTI-TERRORISM STANDARDS TO LEASED FACILITIES.

(a) Report Required.--Not later than May 1, 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 each facility
identified in the report submitted under subsection (a), the
Secretary shall include the following:
(1) A description of the function of the leased facility,
including the location, size, terms of lease, and the 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 of Defense for each leased facility to
ensure compliance with Department of Defense Anti-Terrorism/
Force Protection standards.
(5) The total estimated cost of, and a proposed funding
plan for, implementation of the force protection and anti-
terrorism measures required to ensure the compliance of all
leased facilities with Defense Anti-Terrorism/Force
Protection standards.
(c) Information on Support Priorities.--The report
submitted 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
section apply to any space or facility that houses 11 or more
personnel in service to, or employed by, the Department of
Defense.

SEC. 2883. CONSTRUCTION AT FORT BUCHANAN, PUERTO RICO, FOR
RESERVE COMPONENTS.-

Section 1507(b)(2) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106-398,
114 Stat. 1654A-355) is amended to read as follows:
``(2) The construction, conversion, rehabilitation,
extension, and improvement of reserve component and
nonappropriated fund facilities.''.

SEC. 2884. AUTHORITY TO USE PAPAGO PARK MILITARY RESERVATION,
ARIZONA, FOR GENERAL MILITARY PURPOSES.

Section 1 of the Act of April 7, 1930 (46 Stat. 142,
chapter 107), is amended by striking ``reserved for military
purposes for use of the National Guard of Arizona as a rifle
range'' and inserting ``reserved for military purposes for
use by the State of Arizona as a military installation known
as Papago Park Military Reservation''.

SEC. 2885. ONE-YEAR EXTENSION OF DEPARTMENT OF DEFENSE
LABORATORY REVITALIZATION PROGRAM.

Section 2892(g) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 2805
note), as amended by section 2891 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375; 118 Stat. 2154), is further amended by
striking ``September 30, 2005'' and inserting ``September 30,
2006''.

SEC. 2886. 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 movement
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 commemorate 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.

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.

(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 $9,357,427,000, to be
allocated as follows:
(1) For weapons activities, $6,590,319,000.
(2) For defense nuclear nonproliferation activities,
$1,637,239,000.
(3) For naval reactors, $786,000,000.
(4) For the Office of the Administrator for Nuclear
Security, $343,869,000.
(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 weapons activities as follows:
(1) For readiness in technical base and facilities, the
following new plant projects:
Project 06-D-140, Readiness in Technical Base and
Facilities Program (RTBF), project engineering and design,
various locations, $19,113,000.
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.
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 (FIRP), 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
(SLEP), Y-12 National Security Complex, Oak Ridge, Tennessee,
$729,000.

[[Page S10887]]

(3) For naval reactors, the following new plant project:
Project 06-N-901, Central Office Building 2, Bettis Atomic
Power Laboratory, West Mifflin, Pennsylvania, $7,000,000.

SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.

(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2006 for environmental management activities in
carrying out programs necessary for national security in the
amount of $6,189,433,000, to be allocated as follows:
(1) For defense site acceleration completion,
$5,335,849,000.
(2) For defense environmental services, $853,584,000.
(b) Authorization of New Plant Project.--From funds
referred to in subsection (a)(1) that are available for
carrying out plant projects, the Secretary of Energy may
carry out, for environmental management activities, the
following new plant project:
Project 06-D-401, sodium bearing waste treatment project,
Idaho National Laboratory, Idaho Falls, Idaho, $15,000,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2006 for other defense
activities in carrying out programs necessary for national
security in the amount of $563,423,000.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

Funds are hereby authorized to be appropriated to the
Department 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 $301,447,000.

Subtitle B--Other Matters

SEC. 3111. REPORT ON COMPLIANCE WITH DESIGN BASIS THREAT.

(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 2004.
(b) Content.--The report required under subsection (a)
shall include--
(1) an implementation plan with associated funding
requirements to achieve by September 30, 2007, compliance
under the Design Basis Threat of all Department of Energy and
National Nuclear Security Administration sites that contain
nuclear weapons or special nuclear material; and
(2) an evaluation of options for applying security
technologies and innovative protective force deployment to
increase the efficiency and effectiveness of efforts to
protect against the threats postulated in the Design Basis
Threat.
(c) Form.--The report required under subsection (a) shall
be submitted in classified form with an unclassified summary.

SEC. 3112. COST ESTIMATE FOR WASTE TREATMENT AND
IMMOBILIZATION PLANT PROJECT, HANFORD SITE,
RICHLAND, WASHINGTON.

(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 an
independent cost estimate prepared by the Army Corps of
Engineers for the Waste Treatment and Immobilization Plant
project at the Hanford Site, Richland, Washington (in this
section referred to as the ``project'').
(b) Content.--The cost estimate required under subsection
(a) shall include estimates of the total cost and annual
funding requirements, listed by year, to complete the
project, assuming a completion date in each of 2011, 2012,
2013, 2014, and 2015.

SEC. 3113. REPORT ON INTERNATIONAL BORDER SECURITY PROGRAMS.

(a) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Energy
shall, in consultation with the Secretary of Defense, the
Secretary of State, and, as appropriate, the Secretary of
Homeland Security, submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on
the management by such Secretaries 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 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.

SEC. 3114. CLARIFICATION OF COOPERATIVE AGREEMENT AUTHORITY
UNDER CHEMICAL DEMILITARIZATION PROGRAM.

(a) In General.--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 tribal organizations'' after ``State
and local governments''; and
(B) by inserting ``and tribal organizations'' after ``those
governments'';
(3) in the third sentence--
(A) by striking ``Additionally, the Secretary'' and
inserting the following:
``(B) Additionally, the Secretary''; and
(B) by inserting ``and tribal organizations'' after ``State
and local governments''; and
(4) by adding at the end the following:
``(C) In this paragraph, the term `tribal organization' has
the meaning given the term in section 4(l) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b(l)).''.
(b) Effective Date.--The amendments made by subsection
(a)--
(1) take effect on December 5, 1991; and
(2) apply to any cooperative agreement entered into on or
after that date.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

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. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR
PREVIOUSLY AUTHORIZED DISPOSALS FROM NATIONAL
DEFENSE STOCKPILE.

(a) Disposal Authority .--Section 3303(a)(5) of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (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; 50
U.S.C. 98d note), is amended by striking paragraph (5) and
inserting the following new paragraphs:
``(5) $900,000,000 by the end of fiscal year 2010.
``(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; 113 Stat. 972; 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; 50 U.S.C. 98d
note), is amended by striking paragraph (4) and inserting the
following new paragraphs:
``(4) $500,000,000 before the end of fiscal year 2010.
``(5) $600,000,000 before the end of fiscal year 2013.''.
______