S.Amdt. 2049

SA 2049. Mr. WARNER (for himself and Mr. Levin) submitted an
amendment intended to be proposed to amendment SA 1955 by Mr. Warner
(for himself and Mr. Levin) to the bill H.R. 2863, making
appropropriations 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:

On page 2, line 16, strike ``$3,008,982,000'' and insert
``$3,108,982,000''.
At the end of subtitle A of title IX, add the following:

SEC. 903. REDESIGNATION OF THE NAVAL RESERVE AS THE NAVY
RESERVE.

(a) Redesignation of Reserve Component.--The reserve
component of the Armed Forces known as the Naval Reserve is
redesignated as the Navy Reserve.
(b) Conforming Amendments to Title 10, United States
Code.--
(1) Text amendments.--Title 10, United States Code, is
amended by striking ``Naval Reserve'' each place it appears
in a provision as follows and inserting ``Navy Reserve'':
(A) Section 513(a).
(B) Section 516.
(C) Section 526(b)(2)(C)(i).
(D) Section 971(a).
(D) Section 5001(a)(1).
(F) Section 5143.
(G) Section 5596(c).
(H) Section 6323(f).
(I) Section 6327.
(J) Section 6330(b).
(K) Section 6331(a)(2).
(L) Section 6336.
(M) Section 6389.
(N) Section 6911(c)(1).
(O) Section 6913(a).
(P) Section 6915.
(Q) Section 6954(b)(3).
(R) Section 6956(a)(2).
(S) Section 6959(a).
(T) Section 7225.
(U) Section 7226.
(V) Section 7605(1).
(W) Section 7852.
(X) Section 7853.
(Y) Section 7854.
(Z) Section 10101(3).
(AA) Section 10108.
(BB) Section 10172.
(CC) Section 10301(a)(7).
(DD) Section 10303.
(EE) Section 12004(e)(2).
(FF) Section 12005.
(GG) Section 12010.
(HH) Section 12011(a)(2).
(II) Section 12012(a).
(JJ) Section 12103.
(KK) Section 12205.
(LL) Section 12207(b)(2).
(MM) Section 12732.
(NN) Section 12774(b) (other than the first place it
appears).
(OO) Section 14002(b).
(PP) Section 14101(a)(1).
(QQ) Section 14107(d).
(RR) Section 14302(a)(1)(A).
(SS) Section 14313(b).
(TT) Section 14501(a).
(UU) Section 14512(b).
(VV) Section 14705(a).
(WW) Section 16201(d)(1)(B)(ii).
(2) Caption amendments.--Such title is further amended by
striking ``Naval Reserve'' each place it appears in a
provision as follows and inserting ``Navy Reserve'':
(A) Section 971(a).
(B) Section 5143(a).
(3) Section heading amendments.--(A) The heading of section
5143 of such title is amended to read as follows:

``Sec. 5143. OFFICE OF NAVY RESERVE: APPOINTMENT OF CHIEF''.

(B) The heading of section 6327 of such title is amended to
read as follows:

``Sec. 6327. OFFICERS AND ENLISTED MEMBERS OF THE NAVY
RESERVE AND MARINE CORPS RESERVE: 30 YEARS; 20
YEARS; RETIRED PAY''.

(C) The heading of section 6389 of such title is amended to
read as follows:

``Sec. 6389. NAVY RESERVE AND MARINE CORPS RESERVE; OFFICERS:
ELIMINATION FROM ACTIVE STATUS; COMPUTATION OF
TOTAL COMMISSIONED SERVICE''.

(D) The heading of section 7225 of such title is amended to
read as follows:

``Sec. 7225. NAVY RESERVE FLAG''.

(E) The heading of section 7226 of such title is amended to
read as follows:

``Sec. 7226. NAVY RESERVE YACHT PENNANT''.

(F) The heading of section 10108 of such title is amended
to read as follows:

``Sec. 10108. NAVY RESERVE: ADMINISTRATION''.

(G) The heading of section 10172 of such title is amended
to read as follows:

``Sec. 10172. NAVY RESERVE FORCE''.

(H) The heading of section 10303 of such title is amended
to read as follows:

``Sec. 10303. NAVY RESERVE POLICY BOARD''.

(I) The heading of section 12010 of such title is amended
to read as follows:

``Sec. 12010. COMPUTATIONS FOR NAVY RESERVE AND MARINE CORPS
RESERVE: RULE WHEN FRACTION OCCURS IN FINAL
RESULT''.

(J) The heading of section 14306 of such title is amended
to read as follows:

``Sec. 14306. ESTABLISHMENT OF PROMOTION ZONES: NAVY RESERVE
AND MARINE CORPS RESERVE RUNNING MATE SYSTEM''.

(4) Tables of contents amendments.--(A) The table of
sections at the beginning of chapter 513 of such title is
amended by striking the item relating to section 5143 and
inserting the following new item:

``5143. Office of Navy Reserve: appointment of Chief.''.

(B) The table of sections at the beginning of chapter 571
of such title is amended by striking the item relating to
section 6327 and inserting the following new item:

``6327. Officers and enlisted members of the Navy Reserve and Marine
Corps Reserve: 30 years; 20 years; retired pay.''.

(C) The table of sections at the beginning of chapter 573
of such title is amended by striking the item relating to
section 6389 and inserting the following new item:

``6389. Navy Reserve and Marine Corps Reserve; officers: elimination
from active status; computation of total commissioned
service.''.

(D) The table of sections at the beginning of chapter 631
of such title is amended by striking the items relating to
sections 7225 and 7226 and inserting the following new items:

``7225. Navy Reserve flag.
``7226. Navy Reserve yacht pennant.''.

(E) The table of sections at the beginning of chapter 1003
of such title is amended by striking the item relating to
section 10108 and inserting the following new item:

``10108. Navy Reserve: administration.''.

(F) The table of sections at the beginning of chapter 1006
of such title is amended by striking the item relating to
section 10172 and inserting the following new item:

``10172. Navy Reserve Force.''.

(G) The table of sections at the beginning of chapter 1009
of such title is amended by striking the item relating to
section 10303 and inserting the following new item:

``10303. Navy Reserve Policy Board.''.

(H) The table of sections at the beginning of chapter 1201
of such title is amended by striking the item relating to
section 12010 and inserting the following new item:

``12010. Computations for Navy Reserve and Marine Corps Reserve: rule
when fraction occurs in final result.''.

(I) The table of sections at the beginning of chapter 1405
of such title is amended by striking the item relating to
section 14306 and inserting the following new item:

``14306. Establishment of promotion zones: Navy Reserve and Marine
Corps Reserve running mate system.''.

(c) Conforming Amendment to Title 14, United States Code.--
Section 705 of title 14,

[[Page S11145]]

United States Code, is amended by striking ``Naval Reserve''
each place it appears and inserting ``Navy Reserve''.
(d) Conforming Amendments to Title 37, United States
Code.--
(1) Text amendments.--Title 37, United States Code, is
amended by striking ``Naval Reserve'' each place it appears
in a provision as follows and inserting ``Navy Reserve'':
(A) Section 101(24)(C).
(B) Section 201(d).
(C) Section 205(a)(2)(I).
(D) Section 301c(d).
(E) Section 319(a).
(F) Section 905.
(2) Caption amendment.--Section 301c(d) of such title is
further amended by striking ``Naval Reserve'' and inserting
``Navy Reserve''.
(e) Conforming Amendments to Title 38, United States
Code.--Title 38, United States Code, is amended by striking
``Naval Reserve'' each place it appears in a provision as
follows and inserting ``Navy Reserve'':
(1) Section 101(27)(B).
(2) Section 3002(6)(C).
(3) Section 3202(1)(C)(iii).
(4) Section 3452(a)(3)(C).
(f) Conforming Amendments to Other Codified Titles.--
(1) Title 5, united states code.--Section 2108(1)(B) of
title 5, United States Code, is amended by striking ``Naval
Reserve'' and inserting ``Navy Reserve''.
(2) Title 18, united states code.--Section 2387(b) of title
18, United States Code, is amended by striking ``Naval
Reserve'' and inserting ``Navy Reserve''.
(3) Title 46, united states code.--(A) Title 46, United
States Code, is amended by striking ``Naval Reserve'' each
place it appears in a provision as follows and inserting
``Navy Reserve'':
(i) Section 8103(g).
(ii) Section 8302(g).
(B) The heading of section 8103 of such title is amended to
read as follows:

``Sec. 8103. CITIZENSHIP AND NAVY RESERVE REQUIREMENTS''.

(C) The table of sections at the beginning of chapter 81 of
such title is amended by striking the item relating to
section 8103 and inserting the following new item:

``8103. Citizenship and Navy Reserve requirements.''.

(g) Conforming Amendments to Other Laws.--
(1) Section 2301(4)(C) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6671(4)(C)) is amended by
striking ``Naval Reserve'' and inserting ``Navy Reserve''.
(2)(A) The Merchant Marine Act, 1936 is amended by striking
``Naval Reserve'' each place it appears in a provision as
follows and inserting ``Navy Reserve'':
(i) Section 301(b) (46 U.S.C. App. 1131(b)).
(ii) Section 1303 (46 U.S.C. App. 1295b).
(iii) Section 1304 (46 U.S.C. App. 1295c).
(B) Such Act is further amended by striking ``Naval
Reserve'' each place it appears in a provision as follows and
inserting ``Navy Reserve'':
(i) Section 1303(c).
(ii) 1304(h).
(3)(A) Section 6(a)(1) of the Military Selective Service
Act (50 U.S.C. App. 456(a)(1)) is amended by striking
``United States Naval Reserves'' and inserting ``members of
the United States Navy Reserve''.
(B) Section 16(i) of such Act (50 U.S.C. App. 446(i)) is
amended by striking ``Naval Reserve'' and inserting ``Navy
Reserve''.
(h) Other References.--Any reference in any law,
regulation, document, record, or other paper of the United
States to the Naval Reserve, other than a reference to the
Naval Reserve regarding the United States Naval Reserve
Retired List, shall be considered to be a reference to the
Navy Reserve.
On page 117, line 11, insert ``through a computer
accessible Internet website and other means and'' before ``at
no cost'.
At the end of subtitle C of title IX, add the following:

SEC. 924. AUTHORITY FOR UNITED STATES AIR FORCE INSTITUTE OF
TECHNOLOGY TO RECEIVE FACULTY RESEARCH GRANTS
FOR CERTAIN PURPOSES.

Section 9314 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(d) Acceptance of Research Grants.--(1) The Secretary of
the Air Force may authorize the Commandant of the United
States Air Force Institute of Technology to accept qualifying
research grants. Any such grant may only be accepted if the
work under the grant is to be carried out by a professor or
instructor of the Institute for a scientific, literary, or
educational purpose.
``(2) For purposes of this subsection, a qualifying
research grant is a grant that is awarded on a competitive
basis by an entity referred to in paragraph (3) for a
research project with a scientific, literary, or educational
purpose.
``(3) An entity referred to in this paragraph is a
corporation, fund, foundation, educational institution, or
similar entity that is organized and operated primarily for
scientific, literary, or educational purposes.
``(4) The Secretary shall establish an account for the
administration of funds received as qualifying research
grants under this subsection. Funds in the account with
respect to a grant shall be used in accordance with the terms
and condition of the grant and subject to applicable
provisions of the regulations prescribed under paragraph (6).
``(5) Subject to such limitations as may be provided in
appropriations Acts, appropriations available for the United
States Air Force Institute of Technology may be used to pay
expenses incurred by the Institute in applying for, and
otherwise pursuing, the award of qualifying research grants.
``(6) The Secretary of the Air Force shall prescribe
regulations for purposes of the administration of this
subsection.''.
At the end of subtitle C of title III, add the following:

SEC. 330. MODIFICATION OF AUTHORITY OF ARMY WORKING-CAPITAL
FUNDED FACILITIES TO ENGAGE IN COOPERATIVE
ACTIVITIES WITH NON-ARMY ENTITIES.

(a) Applicability of Sunset.--Subsection (j) of section
4544 of title 10, United States Code, is amended by striking
``September 30, 2009,'' and all that follows through the end
and inserting September 30, 2009.''.
(b) Crediting of Proceeds of Sale of Articles and
Services.--Such section is further amended--
(1) in subsection (d), by striking ``subsection (e)'' and
inserting ``subsection (f)'';
(2) by redesignating subsections (e), (f), (g), (h), and
(i) as subsections (f), (g), (h), (i), and (j), respectively;
(3) by inserting after subsection (d) the following new
subsection (e):
``(e) Proceeds Credited to Working Capital Fund.--The
proceeds of sale of an article or service pursuant to a
contract or other cooperative arrangement under this section
shall be credited to the working capital fund that incurs the
cost of manufacturing the article or performing the
service.''; and
(4) in subsection (g), as redesignated by paragraph (2) of
this subsection, by striking ``subsection (e)'' and inserting
``subsection (f)''.
At the end of subtitle E of title VIII, add the following:

SEC. 846. REPORTS OF ADVISORY PANEL ON LAWS AND REGULATIONS
ON ACQUISITION PRACTICES.

(a) Extension of Final Report.--Section 1423(d) of the
Services Acquisition Reform Act of 2003 (title XIV of Public
Law 108-136; 117 Stat. 1669; 41 U.S.C. 405 note) is amended
by striking ``one year'' and inserting ``two years''.
(b) Requirement for Interim Report.--That section is
further amended--
(1) by inserting ``(1)'' before ``Not later than''; and
(2) by adding at the end the following new paragraph:
``(2) Not later than one year after the date of the
establishment of the panel, the panel shall submit to the
official and committees referred to in paragraph (1) an
interim report on the matters set forth in that paragraph.''.
On page 371, between lines 8 and 9, insert the following:

SEC. 2887. DESIGNATION OF WILLIAM B. BRYANT ANNEX.

(a) Designation.--The annex to the E. Barrett Prettyman
Federal Building and United States Courthouse located at 333
Constitution Avenue Northwest in the District of Columbia
shall be known and designated as the ``William B. Bryant
Annex''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
annex referred to in subsection (a) shall be deemed to be a
reference to the ``William B. Bryant Annex''.
At the end of subtitle B of title VII, add the following:

SEC. 718. REPORT ON THE DEPARTMENT OF DEFENSE COMPOSITE
HEALTH CARE SYSTEM II.

(a) Report Required.--Not later than six months after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the appropriate committees of Congress a
report on the Department of Defense Composite Health Care
System II (CHCS II).
(b) Report Elements.--The report under subsection (a) shall
include the following:
(1) A chronology and description of previous efforts
undertaken to develop an electronic medical records system
capable of maintaining a two-way exchange of data between the
Department of Defense and the Department of Veterans Affairs.
(2) The plans as of the date of the report, including any
projected commencement dates, for the implementation of the
Composite Health Care System II.
(3) A statement of the amounts obligated and expended as of
the date of the report on the development of a system for the
two-way exchange of data between the Department of Defense
and the Department of Veterans Affairs, including the
Composite Health Care System II.
(4) An estimate of the amounts that will be required for
the completion of the Composite Health Care System II.
(5) A description of the software and hardware being
considered as of the date of the report for use in the
Composite Health Care System II.
(6) A description of the management structure used in the
development of the Composite Health Care System II.
(7) A description of the accountability measures utilized
during the development of the Composite Health Care System II
in order to evaluate progress made in the development of that
System.
(8) The schedule for the remaining development of the
Composite Health Care System II.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committees on Armed Services, Appropriations,
Veterans' Affairs, and Health,

[[Page S11146]]

Education, Labor, and Pensions of the Senate; and
(2) the Committees on Armed Services, Appropriations,
Veterans' Affairs, and Energy and Commerce of the House of
Representatives.
On page 66, after line 22, insert the following:

SEC. 330. SENSE OF THE SENATE REGARDING DEPOT MAINTENANCE.

(a) Findings.--The Senate finds that--
(1) the Depot Maintenance Strategy and Master Plan of the
Air Force reflects the essential requirements for the Air
Force to maintain a ready and controlled source of organic
technical competence, thereby ensuring an effective and
timely response to national defense contingencies and
emergency requirements;
(2) since the publication of the Depot Maintenance Strategy
and Master Plan of the Air Force in 2002, the service has
made great progress toward modernizing all 3 of its Depots,
in order to maintain their status as ``world class''
maintenance repair and overhaul operations;
(3) one of the indispensable components of the Depot
Maintenance Strategy and Master Plan of the Air Force is the
commitment of the Air Force to allocate $150,000,000 a year
over 6 years, beginning in fiscal year 2004, for
recapitalization and investment, including the procurement of
technologically advanced facilities and equipment, of our
Nation's 3 Air Force depots; and
(4) the funds expended to date have ensured that
transformation projects, such as the initial implementation
of ``Lean'' and ``Six Sigma'' production techniques, have
achieved great success in reducing the time necessary to
perform depot maintenance on aircraft.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) the Air Force should be commended for the
implementation of its Depot Maintenance Strategy and Master
Plan and, in particular, meeting its commitment to invest
$150,000,000 a year over 6 years, since fiscal year 2004, in
the Nation's 3 Air Force Depots; and
(2) the Air Force should continue to fully fund its
commitment of $150,000,000 a year through fiscal year 2009 in
investments and recapitalization projects pursuant to the
Depot Maintenance Strategy and Master Plan.
On page 296, after line 19, add the following:

SEC. 1205. SENSE OF CONGRESS ON SUPPORT FOR NUCLEAR NON-
PROLIFERATION TREATY.

Congress--
(1) reaffirms its support for the objectives of the Treaty
on the Non-Proliferation of Nuclear Weapons, done at
Washington, London, and Moscow July 1, 1968, and entered into
force March 5, 1970 (the ``Nuclear Non-Proliferation
Treaty'');
(2) expresses its support for all appropriate measures to
strengthen the Nuclear Non-Proliferation Treaty and to attain
its objectives; and
(3) calls on all parties to the Nuclear Non-Proliferation
Treaty--
(A) to insist on strict compliance with the non-
proliferation obligations of the Nuclear Non-Proliferation
Treaty and to undertake effective enforcement measures
against states that are in violation of their obligations
under the Treaty;
(B) to agree to establish more effective controls on
enrichment and reprocessing technologies that can be used to
produce materials for nuclear weapons;
(C) to expand the ability of the International Atomic
Energy Agency to inspect and monitor compliance with
safeguard agreements and standards to which all states should
adhere through existing authority and the additional
protocols signed by the states party to the Nuclear Non-
Proliferation Treaty;
(D) to demonstrate the international community's unified
opposition to a nuclear weapons program in Iran by--
(i) supporting the efforts of the United States and the
European Union to prevent the Government of Iran from
acquiring a nuclear weapons capability; and
(ii) using all appropriate diplomatic means at their
disposal to convince the Government of Iran to abandon its
uranium enrichment program;
(E) to strongly support the ongoing United States
diplomatic efforts in the context of the six-party talks that
seek the verifiable and irreversible disarmament of North
Korea's nuclear weapons programs and to use all appropriate
diplomatic means to achieve this result;
(F) to pursue diplomacy designed to address the underlying
regional security problems in Northeast Asia, South Asia, and
the Middle East, which would facilitate non-proliferation and
disarmament efforts in those regions;
(G) to accelerate programs to safeguard and eliminate
nuclear weapons-usable material to the highest standards to
prevent access by terrorists and governments;
(H) to halt the use of highly enriched uranium in civilian
reactors;
(I) to strengthen national and international export
controls and relevant security measures as required by United
Nations Security Council Resolution 1540;
(J) to agree that no state may withdraw from the Nuclear
Non-Proliferation Treaty and escape responsibility for prior
violations of the Treaty or retain access to controlled
materials and equipment acquired for ``peaceful'' purposes;
(K) to accelerate implementation of disarmament obligations
and commitments under the Nuclear Non-Proliferation Treaty
for the purpose of reducing the world's stockpiles of nuclear
weapons and weapons-grade fissile material; and
(L) to strengthen and expand support for the Proliferation
Security Initiative.
At the end of subtitle D of title X, add the following:

SEC. 1044. REPORT ON DEPARTMENT OF DEFENSE RESPONSE TO
FINDINGS AND RECOMMENDATIONS OF DEFENSE SCIENCE
BOARD TASK FORCE ON HIGH PERFORMANCE MICROCHIP
SUPPLY.

(a) Report Required.--Not later than March 15, 2006, the
Secretary of Defense shall submit to the congressional
defense committees a report on the implementation of the
recommendations of the Defense Science Board Task Force on
High Performance Microchip Supply.
(b) Contents.--The report required by subsection (a) shall
include the following:
(1) An analysis of each finding of the Task Force.
(2) A detailed description of the response of the
Department of Defense to each recommendation of the Task
Force, including--
(A) for each recommendation that is being implemented or
that the Secretary plans to implement--
(i) a summary of actions that have been taken to implement
the recommendation; and
(ii) a schedule, with specific milestones, for completing
the implementation of the recommendation; and
(B) For each recommendation that the Secretary does not
plan to implement--
(i) the reasons for the decision not to implement the
recommendation; and
(ii) a summary of alternative actions the Secretary plans
to take to address the purposes underlying the
recommendation.
(3) A summary of any additional actions the Secretary plan
to take to address concerns raised by the Task Force.
(c) Consultation.--To the extent practicable, the Secretary
may consult with other departments and agencies of the
Federal Government, institutions of higher education and
other academic organizations, and industry in the development
of the report required by subsection (a).
On page 378, between lines 10 and 11, insert the following:

SEC. 31 __. SAVANNAH RIVER NATIONAL LABORATORY.

The Savannah River National Laboratory shall be a
participating laboratory in the Department of Energy
laboratory directed research and development program.
At the end of subtitle C of title III, add the following:

SEC. 330. WELFARE OF SPECIAL CATEGORY RESIDENTS AT NAVAL
STATION GUANTANAMO BAY, CUBA.

(a) In General.--The Secretary of the Navy may provide for
the general welfare, including subsistence, housing, and
health care, of any person at Naval Station Guantanamo Bay,
Cuba, who is designated by the Secretary, not later than 90
days after the date of the enactment of this Act, as a so-
called ``special category resident''.
(b) Prohibition on Construction of Facilities.--The
authorization in subsection (a) shall not be construed as an
authorization for the construction of new housing facilities
or medical treatment facilities.
(c) Construction of Prior Use of Funds.--The provisions of
chapter 13 of title 31, United States Code, are hereby deemed
not to have applied to the obligation or expenditure of funds
before the date of the enactment of this Act for the general
welfare of persons described in subsection (a).
At the end of subtitle E of title VI, add the following:

SEC. 653. OUTREACH TO MEMBERS OF THE ARMED FORCES AND THEIR
DEPENDENTS ON THE SERVICEMEMBERS CIVIL RELIEF
ACT.

(a) Outreach to Members of the Armed Forces.--
(1) In general.--The Secretary concerned shall provide to
each member of the Armed Forces under the jurisdiction of the
Secretary pertinent information on the rights and protections
available to servicemembers and their dependents under the
Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.).
(2) Time of provision.--Information shall be provided to a
member of the Armed Forces under paragraph (1) at times as
follows:
(A) During initial orientation training.
(B) In the case of a member of a reserve component of the
Armed Forces, during initial orientation training and when
the member is mobilized or otherwise individually called or
ordered to active duty for a period of more than one year.
(C) At such other times as the Secretary concerned
considers appropriate.
(b) Outreach to Dependents.--The Secretary concerned may
provide to the adult dependents of members of the Armed
Forces under the jurisdiction of the Secretary pertinent
information on the rights and protections available to
servicemembers and their dependents under the Servicemembers
Civil Relief Act.
(c) Definitions.--In this section, the terms ``dependent''
and ``Secretary concerned'' have the meanings given such
terms in section 101 of the Servicemembers Civil Relief Act
(50 U.S.C. App. 511).

[[Page S11147]]

On page 357, strike line 20, and insert the following:

SEC. 509. APPLICABILITY OF OFFICER DISTRIBUTION AND STRENGTH
LIMITATIONS TO OFFICERS SERVING IN INTELLIGENCE
COMMUNITY POSITIONS.

(a) In General.--Section 528 of title 10, United States
Code, is amended to read as follows:

``Sec. 528. EXCLUSION: OFFICERS SERVING IN CERTAIN
INTELLIGENCE POSITIONS

``(a) Exclusion of Officer Serving in Certain CIA
Positions.--When either of the individuals serving in a
position specified in subsection (b) is an officer of the
armed forces, one of those officers, while serving in such
position, shall be excluded from the limitations in sections
525 and 526 of this title while serving in such position.
``(b) Covered Positions.--The positions referred to in this
subsection are the following:
``(1) Director of the Central Intelligence Agency.
``(2) Deputy Director of the Central Intelligence Agency.
``(c) Associate Director of CIA for Military Support.--An
officer of the armed forces serving in the position of
Associate Director of the Central Intelligence Agency for
Military Support, while serving in that position, shall be
excluded from the limitations in sections 525 and 526 of this
title while serving in such position.
``(d) Officers Serving in Office of DNI.--Up to 5 general
and flag offices of the armed forces assigned to positions in
the Office of the Director of National Intelligence
designated by agreement between the Secretary of Defense and
the Director of National Intelligence shall be excluded from
the limitations in sections 525 and 526 of this title while
serving in such positions.''.
``(b) Clerical Amendment.--The table of sections at the
beginning of chapter 32 of such title is amended by striking
the item relating to section 528 and inserting the following
new item:

``528. Exclusion: officers serving in certain intelligence
positions.''.
On page 178, strike lines 20 through 24 and insert the
following:
(4) Department of Defense participation in the Medicare
Advantage Program, formerly Medicare plus Choice;
(5) the use of flexible spending accounts and health
savings accounts for military retirees under the age of 65;
(6) incentives for eligible beneficiaries of the military
health care system to retain private employer-provided health
care insurance;
(7) means of improving integrated systems of disease
management, including chronic illness management;
(8) means of improving the safety and efficiency of
pharmacy benefits management;
(9) the management of enrollment options for categories of
eligible beneficiaries in the military health care system;
(10) reform of the provider payment system, including the
potential for use of a pay-for-performance system in order to
reward quality and efficiency in the TRICARE System;
(11) means of improving efficiency in the administration of
the TRICARE program, to include the reduction of headquarters
and redundant management layers, and maximizing efficiency in
the claims processing system;
(12) other improvements in the efficiency of the military
health care system; and
(13) any other matters the Secretary considers appropriate
to improve the efficiency and quality of military health care
benefits.
On page 28, between lines 10 and 11, insert the following:

SEC. 203. FUNDING FOR RESEARCH AND TECHNOLOGY TRANSITION FOR
HIGH-BRIGHTNESS ELECTRON SOURCE PROGRAM.

(a) Increase in Funds Available to Navy for Research,
Development, Test, and Evaluation.--The amount authorized to
be appropriated by section 201(2) for research, development,
test, and evaluation for the Navy is hereby increased by
$1,500,000.
(b) Reduction in Funds Available to Air Force for
Procurement, Ammunition.--The amount authorized to be
appropriated by section 301(4) for the Air Force is hereby
reduced by $1,500,000.
On page 359, between lines 3 and 4, insert the following:

SEC. 2862. LAND CONVEYANCE, AIR FORCE PROPERTY, LA JUNTA,
COLORADO.

(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to the City of La Junta,
Colorado (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to a
parcel of real property, including improvements thereon,
consisting of approximately 8 acres located at the USA Bomb
Plot in the La Junta Industrial Park for the purpose of
training local law enforcement officers.
(b) Payment of Costs of Conveyance.--
(1) In general.--The Secretary shall require the City to
cover costs to be incurred by the Secretary after the date of
enactment of the Act, or to reimburse the Secretary for costs
incurred by the Secretary after that date, to carry out the
conveyance under subsection (a), including any survey costs,
costs related to environmental assessments, studies,
analyses, or other documentation, and other administrative
costs related to the conveyance. If amounts are collected
from the City in advance of the Secretary incurring the
actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to
the City.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or
account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such fund or account.
(c) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
On page 28, between lines 10 and 11, insert the following:

SEC. 203. FUNDING FOR DEVELOPMENT OF DISTRIBUTED GENERATION
TECHNOLOGIES.

(a) Increase in Funds Available to Army for Research,
Development, Test, and Evaluation.--The amount authorized to
be appropriated by section 201(1) for research, development,
test, and evaluation for the Army is hereby increased by
$1,000,000, with the amount of such increase to be available
for research on and facilitation of technology for converting
obsolete chemical munitions to fertilizer.
(b) Reduction in Funds Available.--The amount authorized to
be appropriated by section 301(4) for the Air Force is hereby
reduced by $1,000,000.
On page 372, line 3, insert after ``$1,637,239,000'' the
following: ``, of which amount $338,565,000 shall be
available for project 99-D-143, the Mixed Oxide Fuel
Fabrication Facility, Savannah River Site, Aiken, South
Carolina, and $24,000,000 shall be available for project 99-
D-141, the Pit Disassembly and Conversion Facility, Savannah
River Site, Aiken, South Carolina''.
Strike section 1008.
At the end of subtitle E of title II, add the following:

SEC. 244. DESIGNATION OF FACILITIES AND RESOURCES
CONSTITUTING THE MAJOR RANGE AND TEST FACILITY
BASE.

(a) Department of Defense Test Resource Management
Center.--Section 196(h) of title 10, United States Code, is
amended by striking ``Director of Operational Test and
Evaluation'' and inserting ``Secretary of Defense''.
(b) Institutional Funding of Test and Evaluation
Activities.--Section 232(b)(1) of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (Public Law
107-314; 116 Stat. 2490) is amended by striking ``Director of
Operational Test and Evaluation'' and inserting ``Secretary
of Defense''.
At the end of subtitle C of title V, add the following:

SEC. 538. DEFENSE SCIENCE BOARD STUDY ON DEPLOYMENT OF
MEMBERS OF THE NATIONAL GUARD AND RESERVES IN
THE GLOBAL WAR ON TERRORISM.

(a) Study Required.--The Defense Science Board shall
conduct a study on the length and frequency of the deployment
of members of the National Guard and the Reserves as a result
of the global war on terrorism.
(b) Elements.--The study required by subsection (a) shall
include the following:
(1) An identification of the current range of lengths and
frequencies of deployments of members of the National Guard
and the Reserves.
(2) An assessment of the consequences for force structure,
morale, and mission capability of deployments of members of
the National Guard and the Reserves in the course of the
global war on terrorism that are lengthy, frequent, or both.
(3) An identification of the optimal length and frequency
of deployments of members of the National Guard and the
Reserves during the global war on terrorism.
(4) An identification of mechanisms to reduce the length,
frequency, or both of deployments of members of the National
Guard and the Reserves during the global war on terrorism.
(c) Report.--Not later than May 1, 2006, the Defense
Science Board shall submit to the congressional defense
committees a report on the study required by subsection (a).
The report shall include the results of the study and such
recommendations as the Defense Science Board considers
appropriate in light of the study.
At the end of subtitle G of title X, add the following:

SEC. 1073. POLICY OF THE UNITED STATES ON THE
INTERCONTINENTAL BALLISTIC MISSILE FORCE.

(a) Findings.--Congress makes the following findings:
(1) Consistent with warhead levels agreed to in the Moscow
Treaty, the United States is modifying the capacity of the
Minuteman III intercontinental ballistic missile (ICBM) from
its prior capability to carry up to 3 independent reentry
vehicles (RVs) to carry as few as a single reentry vehicle, a
process known as downloading.
(2) A series of Department of Defense studies of United
States strategic forces, including the 2001 Nuclear Posture
Review, has confirmed the continued need for 500
intercontinental ballistic missiles.

[[Page S11148]]

(3) In a potential nuclear crisis it is important that the
nuclear weapons systems of the United States be configured so
as to discourage other nations from making a first strike.
(4) The intercontinental ballistic missile force is
currently being considered as part of the deliberations of
the Department of Defense for the Quadrennial Defense Review.
(b) Statement of United States Policy.--It is the policy of
the United States to continue to deploy a force of 500
intercontinental ballistic missiles, provided that
unanticipated strategic developments may compel the United
States to make changes to this force structure in the future.
(c) Moscow Treaty Defined.--In this section, the term
``Moscow Treaty'' means the Treaty Between the United States
of America and the Russian Federation on Strategic Offensive
Reductions, done at Moscow on May 24, 2002.
At the end of subtitle D of title X, add the following:

SEC. 1044. REPORT ON USE OF SPACE RADAR FOR TOPOGRAPHICAL
MAPPING FOR SCIENTIFIC AND CIVIL PURPOSES.

(a) In General.--Not later than January 15, 2006, the
Secretary of Defense shall submit to the congressional
defense committees on report on the feasability and
advisability of utilizing the Space Radar for purposes of
providing coastal zone and other topographical mapping
information, and related information, to the scientific
community and other elements of the private sector for
scientific and civil purposes.
(b) Report Elements.--The report required by subsection (a)
shall include the following:
(1) A description and evaluation of any uses of the Space
Radar for scientific or civil purposes that are identified by
the Secretary for purposes of the report.
(2) A description and evaluation of any additions or
modifications to the Space Radar identified by the Secretary
for purposes of the report that would increase the utility of
the Space Radar to the scientific community or other elements
of the private sector for scientific or civil purposes,
including the utilization of additional frequencies, the
development or enhancement of ground systems, and the
enhancement of operations.
(3) A description of the costs of any additions or
modifications identified pursuant to paragraph (2).
(4) A description and evaluation of processes to be
utilized to determine the means of modifying the Space Radar
in order to meet the needs of the scientific community or
other elements of the private sector with respect to the use
of the Space Radar for scientific or civil purposes, and a
proposal for meeting the costs of such modifications.
(5) A description and evaluation of the impacts, if any, on
the primary missions of the Space Radar, and on the
development of the Space Radar, of the use of the Space Radar
for scientific or civil purposes.
(6) A description of the process for developing
requirements for the Space Radar, including the involvement
of the Civil Applications Committee.
At the end of subtitle C of title I, add the following:

SEC. 125. JOINT PRIMARY AIRCRAFT TRAINERS.

(a) Additional Amount for Aircraft Procurement for the
Navy.--The amount authorized to be appropriated by section
102(a)(1) for aircraft procurement for the Navy is hereby
increased by $10,000,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 102(a)(1) for aircraft procurement
for the Navy, as increased by subsection (a), $10,000,000 may
be available for the procurement of Joint Primary Aircraft
Trainers (JPAT) for the Navy.
(c) Offset.--The amount authorized to be appropriated by
section 301(4) for operation and maintenance for Air Force
activities is hereby reduced by $10,000,000.
At the end of subtitle C of title I, add the following:

SEC. 124. RAPID INTRAVENOUS INFUSION PUMP.

(a) Additional Amount for Procurement for the Marine
Corps.--The amount authorized to be appropriated by section
102(b) for procurement for the Marine Corps is hereby
increased by $1,000,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 102(b) for procurement for the Marine
Corps, as increased by subsection (a), $1,000,000 may be
available for General Property for Field Medical Equipment
for the Rapid Intravenous (IV) Infusion Pump.
(c) Offset.--The amount authorized to be appropriated by
section 301(4) is hereby reduced by $1,000,000.
At the end of subtitle B of title II, add the following:

SEC. 213. AGING MILITARY AIRCRAFT FLEET SUPPORT.

(a) Additional Amount for Research, Development, Test, and
Evaluation for the Air Force.--The amount authorized to be
appropriated by section 201(3) for research, development,
test, and evaluation for the Air Force is hereby increased by
$4,000,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 201(3) for research, development,
test, and evaluation for the Air Force, as increased by
subsection (a), $4,000,000 may be available for Program
Element #63112F for Aging Military Aircraft Fleet Support.
(c) Offset.--The amount authorized to be appropriated by
section 301(4) for operation and maintenance for Air Force
activities is hereby reduced by $4,000,000.
At the end of subtitle A of title I, add the following:

SEC. 114. UH-60 BLACK HAWK HELICOPTER PROCUREMENT IN RESPONSE
TO ATTRITION.

(a) Increase in Amount.--Of the amount authorized to be
appropriated by section 101(1) for aircraft for the Army, the
amount available for the procurement of UH-60 Black Hawk
helicopters in response to attrition is hereby increased to
$40,600,000, with the amount to be used to increase the
number of UH-60 Black Hawk helicopters to be procured in
response to attrition from 2 helicopters to 4 helicopters.
(b) Offset.--Of the amount authorized to be appropriated by
section 101(1) for aircraft for the Army, the amount
available for UH-60 Black Hawk helicopter medevac kits is
hereby reduced to $29,700,000, with the amount to be derived
in a reduction in the number of such kits from 10 kits to 6
kits.
At the end of subtitle C of title V, add the following:

SEC. 537. ELIGIBILITY OF UNITED STATES NATIONALS FOR
APPOINTMENT TO THE SENIOR RESERVE OFFICERS'
TRAINING CORPS.

(a) In General.--Section 2107(b)(1)(A) of title 10, United
States Code, is amended by inserting ``or national'' after
``citizen''.
(b) Army Reserve Officers Training Programs.--Section
2107a(b)(1)(A) of such title is amended by inserting ``or
national'' after ``citizen''.
(c) Eligibility for Appointment as Commissioned Officers.--
Section 532(f) of such title is amended by inserting ``, or
for a United States national otherwise eligible for
appointment as a cadet or midshipman under section 2107(a) of
this title or as a cadet under section 2107a of this title,''
after ``for permanent residence''.
At the end of subtitle E of title II, add the following:

SEC. 244. REPORT ON COOPERATION BETWEEN THE DEPARTMENT OF
DEFENSE AND THE NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION ON RESEARCH, DEVELOPMENT, TEST,
AND EVALUATION ACTIVITIES.

(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
and the Administrator of the National Aeronautics and Space
Administration shall jointly submit to Congress a report
setting forth the recommendations of the Secretary and the
Administrator regarding cooperative activities between the
Department of Defense and the National Aeronautics and Space
Administration related to research, development, test, and
evaluation on areas of mutual interest to the Department and
the Administration.
(b) Areas Covered.--The areas of mutual interest to the
Department of Defense and the National Aeronautics and Space
Administration referred to in subsection (a) may include, but
not be limited to, areas relating to the following:
(1) Aeronautics research.
(2) Facilities, personnel, and support infrastructure.
(3) Propulsion and power technologies.
(4) Space access and operations.
At the end of subtitle B of title II, add the following:

SEC. 213. WARHEAD/GRENADE SCIENTIFIC BASED MANUFACTURING
TECHNOLOGY.

(a) Additional Amount for Research, Development, Test, and
Evaluation for the Army.--The amount authorized to be
appropriated by section 201(1) for research, development,
test, and evaluation for the Army is hereby increased by
$1,000,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 201(1) for research, development,
test, and evaluation for the Army, as increased by subsection
(a), $1,000,000 may be available for Weapons and Ammunition
Technology (PE#602624A) for Warhead/Grenade Scientific Based
Manufacturing Technology.
(c) Offset.--The amount authorized to be appropriated by
section 301(4) for operation and maintenance, Air Force
activities is hereby reduced by $1,000,000.
At the end of subtitle B of title II, add the following:

SEC. 213. JOINT SERVICE SMALL ARMS PROGRAM.

(a) Increased Amount for Research, Development, Test, and
Evaluation, Army.--The amount authorized to be appropriated
by section 201(1) for research, development, test, and
evaluation for the Army is hereby increased by $5,000,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 201(1) for research, development,
test, and evaluation for the Army, as increased by subsection
(a), $5,000,000 may be available for the Joint Service Small
Arms Program.
(c) Offset.--The amount authorized to be appropriated by
section 301(4) is hereby reduced by $5,000,000.
On page 286, between lines 7 and 8, insert the following:

SEC. 1073. ESTABLISHMENT OF NATIONAL FOREIGN LANGUAGE
COORDINATION COUNCIL.

(a) Establishment.--There is established the National
Foreign Language Coordination Council (in this section
referred to as the ``Council''), which shall be an
independent establishment as defined under section 104 of
title 5, United States Code.
(b) Membership.--The Council shall consist of the following
members or their designees:
(1) The National Language Director, who shall serve as the
chairperson of the Council.
(2) The Secretary of Education.
(3) The Secretary of Defense.

[[Page S11149]]

(4) The Secretary of State.
(5) The Secretary of Homeland Security.
(6) The Attorney General.
(7) The Director of National Intelligence.
(8) The Secretary of Labor.
(9) The Director of the Office of Personnel Management.
(10) The Director of the Office of Management and Budget.
(11) The Secretary of Commerce.
(12) The Secretary of Health and Human Services.
(13) The Secretary of the Treasury.
(14) The Secretary of Housing and Urban Development.
(15) The Secretary of Agriculture.
(16) The heads of such other Federal agencies as the
Council considers appropriate.
(c) Responsibilities.--
(1) In general.--The Council shall be charged with--
(A) developing a national foreign language strategy, within
18 months of the date of enactment of this section, in
consultation with--
(i) State and local government agencies;
(ii) academic sector institutions;
(iii) foreign language related interest groups;
(iv) business associations;
(v) industry; and
(vi) heritage associations;
(B) conducting a survey of Federal agency needs for foreign
language area expertise; and
(C) overseeing the implementation of such strategy
through--
(i) execution of subsequent law; and
(ii) the promulgation and enforcement of rules and
regulations.
(2) Strategy content.--The strategy developed under
paragraph (1) shall include--
(A) identification of crucial priorities across all
sectors;
(B) identification and evaluation of Federal foreign
language programs and activities, including--
(i) recommendations on coordination;
(ii) program enhancements; and
(iii) allocation of resources so as to maximize use of
resources;
(C) needed national policies and corresponding legislative
and regulatory actions in support of, and allocation of
designated resources to, promising programs and initiatives
at all levels (Federal, State, and local), especially in the
less commonly taught languages that are seen as critical for
national security and global competitiveness in the next 20
to 50 years;
(D) effective ways to increase public awareness of the need
for foreign language skills and career paths in all sectors
that can employ those skills, with the objective of
increasing support for foreign language study among--
(i) Federal, State, and local leaders;
(ii) students;
(iii) parents;
(iv) elementary, secondary, and postsecondary educational
institutions; and
(v) potential employers;
(E) incentives for related educational programs, including
foreign language teacher training;
(F) coordination of cross-sector efforts, including public-
private partnerships;
(G) coordination initiatives to develop a strategic posture
for language research and recommendations for funding for
applied foreign language research into issues of national
concern;
(H) assistance for--
(i) the development of foreign language achievement
standards; and
(ii) corresponding assessments for the elementary,
secondary, and postsecondary education levels, including the
National Assessment of Educational Progress in foreign
languages;
(I) development of --
(i) language skill-level certification standards;
(ii) an ideal course of pre-service and professional
development study for those who teach foreign language;
(iii) suggested graduation criteria for foreign language
studies and appropriate non-language studies, such as--

(I) international business;
(II) national security;
(III) public administration;
(IV) health care;
(V) engineering;
(VI) law;
(VII) journalism; and
(VIII) sciences; and

(J) identification of and means for replicating best
practices at all levels and in all sectors, including best
practices from the international community.
(d) Meetings.--The Council may hold such meetings, and sit
and act at such times and places, as the Council considers
appropriate, but shall meet in formal session at least 2
times a year. State and local government agencies and other
organizations (such as academic sector institutions, foreign
language-related interest groups, business associations,
industry, and heritage community organizations) shall be
invited, as appropriate, to public meetings of the Council at
least once a year.
(e) Staff.--
(1) In general.--The Director may appoint and fix the
compensation of such additional personnel as the Director
considers necessary to carry out the duties of the Council.
(2) Details from other agencies.--Upon request of the
Council, the head of any Federal agency may detail, on a
reimbursable basis, any of the personnel of such agency to
the Council.
(3) Experts and consultants.--With the approval of the
Council, the Director may procure temporary and intermittent
services under section 3109(b) of title 5, United States
Code.
(f) Powers.--
(1) Delegation.--Any member or employee of the Council may,
if authorized by the Council, take any action that the
Council is authorized to take in this section.
(2) Information.--The Council may secure directly from any
Federal agency such information, consistent with Federal
privacy laws, the Council considers necessary to carry out
its responsibilities. Upon request of the Director, the head
of such agency shall furnish such information to the Council.
(3) Donations.--The Council may accept, use, and dispose of
gifts or donations of services or property.
(4) Mail.--The Council may use the United States mail in
the same manner and under the same conditions as other
Federal agencies.
(g) Conferences, Newsletter, and Website.--In carrying out
this section, the Council--
(1) may arrange Federal, regional, State, and local
conferences for the purpose of developing and coordinating
effective programs and activities to improve foreign language
education;
(2) may publish a newsletter concerning Federal, State, and
local programs that are effectively meeting the foreign
language needs of the nation; and
(3) shall create and maintain a website containing
information on the Council and its activities, best practices
on language education, and other relevant information.
(h) Reports.--Not later than 90 days after the date of
enactment of this section, and annually thereafter, the
Council shall prepare and transmit to the President and
Congress a report that describes the activities of the
Council and the efforts of the Council to improve foreign
language education and training and impediments, including
any statutory and regulatory restrictions, to the use of each
such program.
(i) Establishment of a National Language Director.--
(1) In general.--There is established a National Language
Director who shall be appointed by the President. The
National Language Director shall be a nationally recognized
individual with credentials and abilities across all of the
sectors to be involved with creating and implementing long-
term solutions to achieving national foreign language and
cultural competency.
(2) Responsibilities.--The National Language Director
shall--
(A) develop and oversee the implementation of a national
foreign language strategy across all sectors;
(B) establish formal relationships among the major
stakeholders in meeting the needs of the Nation for improved
capabilities in foreign languages and cultural understanding,
including Federal, State, and local government agencies,
academia, industry, labor, and heritage communities; and
(C) coordinate and lead a public information campaign that
raises awareness of public and private sector careers
requiring foreign language skills and cultural understanding,
with the objective of increasing interest in and support for
the study of foreign languages among national leaders, the
business community, local officials, parents, and
individuals.
(3) Compensation.--The National Language Director shall be
paid at a rate of pay payable for a position at level V of
the Executive Schedule under section 5316 of title 5, United
States Code.
(j) Encouragement of State Involvement.--
(1) State contact persons.--The Council shall consult with
each State to provide for the designation by each State of an
individual to serve as a State contact person for the purpose
of receiving and disseminating information and communications
received from the Council.
(2) State interagency councils and lead agencies.--Each
State is encouraged to establish a State interagency council
on foreign language coordination or designate a lead agency
for the State for the purpose of assuming primary
responsibility for coordinating and interacting with the
Council and State and local government agencies as necessary.
(k) Authorization of Appropriations.--There are authorized
to be appropriated such sums as necessary to carry out this
section.
At the end of subtitle C of title III, add the following:

SEC. 330. POINT OF MAINTENANCE/ARSENAL/DEPOT AIT INITIATIVE.

(a) Additional Amount for Operation and Maintenance,
Army.--The amount authorized to be appropriated by section
301(1) for operation and maintenance for the Army is hereby
increased by $10,000,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 301(1) for operation and maintenance
for the Army, as increased by subsection (a), $16,000,000 may
be available for the Point of Maintenance/Arsenal/Depot AIT
(AD-AIT) Initiative.
(c) Offset.--The amount authorized to be appropriated by
section 301(4) is hereby reduced by $10,000,000 to be derived
from amounts authorized to be appropriated by that section
for the Air Force.
At the end of subtitle C of title III, add the following:

[[Page S11150]]

SEC. 330. LONG ARM HIGH-INTENSITY ARC METAL HALIDE HANDHELD
SEARCHLIGHT.

(a) Additional Amount for Operation and Maintenance,
Army.--The amount authorized to be appropriated by section
301(1) for operation and maintenance for the Army is hereby
increased by $4,500,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 301(1) for operation and maintenance
for the Army, as increased by subsection (a), $4,500,000 may
be available for the Long Arm High-Intensity Arc Metal Halide
Handheld Searchlight.
(c) Offset.--The amount authorized to be appropriated by
section 301(4) is hereby reduced by $4,500,000, with the
amount of the reduction to be derived from amounts authorized
to be appropriated by that section for the Air Force.
At the end of subtitle A of title VIII, add the following:

SEC. 807. MODIFICATION OF REQUIREMENTS APPLICABLE TO
CONTRACTS AUTHORIZED BY LAW FOR CERTAIN
MILITARY MATERIEL.

(a) Inclusion of Combat Vehicles Under Requirements.--
Section 2401 of title 10, United States Code, is amended--
(1) by striking ``vessel or aircraft'' each place it
appears and inserting ``vessel, aircraft, or combat
vehicle'';
(2) in subsection (c), by striking ``aircraft or naval
vessel'' each place it appears and inserting ``aircraft,
naval vessel, or combat vehicle'';
(3) in subsection (e), by striking ``aircraft or naval
vessels'' each place it appears and inserting ``aircraft,
naval vessels, or combat vehicle''; and
(4) in subsection (f)--
(A) by striking ``aircraft and naval vessels'' and
inserting ``aircraft, naval vessels, and combat vehicle'';
and
(B) by striking ``such aircraft and vessels'' and inserting
``such aircraft, vessels, and combat vehicle''.
(b) Additional Information for Congress.--Subsection (b) of
such section is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(D) the Secretary has certified to those committees--
``(i) that entering into the proposed contract as a means
of obtaining the vessel, aircraft, or combat vehicle is the
most cost-effective means of obtaining such vessel, aircraft,
or combat vehicle; and
``(ii) that the Secretary has determined that the lease
complies with all applicable laws, Office of Management and
Budget circulars, and Department of Defense regulations.'';
and
(2) by adding at the end the following new paragraphs:
``(3) Upon receipt of a notice under paragraph (1)(C), a
committee identified in paragraph (1)(B) may request the
Inspector General of the Department of Defense or the
Comptroller General of the United States to conduct a review
of the proposed contract to determine whether or not such
contract meets the requirements of this section.
``(4) If a review is requested under paragraph (3), the
Inspector General of the Department of Defense or the
Comptroller General of the United States, as the case may be,
shall submit to the Secretary and the congressional defense
committees a report on such review before the expiration of
the period specified in paragraph (1)(C).''.
(c) Applicability of Acquisition Regulations.--Such section
is further amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f)(1) If a lease or charter covered by this section is a
capital lease or a lease-purchase--
``(A) the lease or charter shall be treated as an
acquisition and shall be subject to all applicable statutory
and regulatory requirements for the acquisition of aircraft,
naval vessels, or combat vehicles; and
``(B) funds appropriated to the Department of Defense for
operation and maintenance may not be obligated or expended
for the lease or charter.
``(2) In this subsection, the terms `capital lease' and
`lease-purchase' have the meanings given those terms in
Appendix B to Office of Management and Budget Circular A-11,
as in effect on the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2006.''.
(d) Conforming and Clerical Amendments.--
(1) The heading of such section is amended to read as
follows:

``Sec. 2401. Requirement for authorization by law of certain
contracts relating to vessels, aircraft, and combat
vehicles''.

(2) The table of sections at the beginning of chapter 141
of such title is amended by striking the item relating to
section 2401 and inserting the following new item:

``Sec. 2401. Requirement for authorization by law of certain contracts
relating to vessels, aircraft, and combat vehicles.''.

SEC. 808. REQUIREMENT FOR ANALYSIS OF ALTERNATIVES FOR MAJOR
DEFENSE ACQUISITION PROGRAMS.

(a) Requirement.--
(1) In general.--Chapter 144 of title 10, United States
Code, is amended by inserting after section 2431 the
following new section:

``Sec. 2431a. Major defense acquisition programs: requirement
for analysis of alternatives

``(a) No major defense acquisition program may be commenced
before the completion of an analysis of alternatives with
respect to such program.
``(b) For the purposes of this section, a major defense
acquisition program is commenced when the milestone decision
authority approves entry of the program into the first phase
of the acquisition process applicable to the program.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 144 of such title is amended by
inserting after the item relating to section 2431 the
following new item:

``2431a. Major defense acquisition programs: requirement for analysis
of alternatives.''.

(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 major defense acquisition
programs commenced on or after that date.

SEC. 809. REPORT ON USE OF LEAD SYSTEM INTEGRATORS IN THE
ACQUISITION OF MAJOR SYSTEMS.

(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the use of lead system integrators for the acquisition by the
Department of Defense of major systems.
(b) Contents.--The report required by subsection (a) shall
include a detailed description of the actions taken, or to be
taken (including a specific timetable), and the current
regulations and guidelines regarding--
(1) the definition of the respective rights of the
Department of Defense, lead system integrators, and other
contractors that participate in the development or production
of any individual element of the major weapon system
(including subcontractors under lead system integrators) in
intellectual property that is developed by the other
participating contractors in a manner that ensures that--
(A) the Department of Defense obtains appropriate rights in
technical data developed by the other participating
contractors in accordance with the requirements of section
2320 of title 10, United States Code; and
(B) lead system integrators obtain access to technical data
developed by the other participating contractors only to the
extent necessary to execute their contractual obligations as
lead systems integrators;
(2) the prevention or mitigation of organizational
conflicts of interest on the part of lead system integrators;
(3) the prevention of the performance by lead system
integrators of functions closely associated with inherently
governmental functions;
(4) the appropriate use of competitive procedures in the
award of subcontracts by lead system integrators with system
responsibility;
(5) the prevention of organizational conflicts of interest
arising out of any financial interest of lead system
integrators without system responsibility in the development
or production of individual elements of a major weapon
system; and
(6) the prevention of pass-through charges by lead system
integrators with system responsibility on systems or
subsystems developed or produced under subcontracts where
such lead system integrators do not provide significant value
added with regard to such systems or subsystems.
(c) Definitions.--In this section:
(1) The term ``lead system integrator'' includes lead
system integrators with system responsibility and lead system
integrators without system responsibility.
(2) The term ``lead system integrator with system
responsibility'' means a prime contractor for the development
or production of a major system if the prime contractor is
not expected at the time of award, as determined by the
Secretary of Defense for purposes of this section, to perform
a substantial portion of the work on the system and the major
subsystems.
(3) The term ``lead system integrator without system
responsibility'' means a contractor under a contract for the
procurement of services whose primary purpose is to perform
acquisition functions closely associated with inherently
governmental functions with regard to the development or
production of a major system.
(4) The term ``major system'' has the meaning given such
term in section 2302d of title 10, United States Code.
(5) The term ``pass-through charge'' means a charge for
overhead or profit on work performed by a lower-tier
contractor (other than charges for the direct costs of
managing lower-tier contracts and overhead and profit based
on such direct costs) that does not, as determined by the
Secretary for purposes of this section, promote significant
value added with regard to such work.
(6) The term ``functions closely associated with inherently
governmental functions'' has the meaning given such term in
section 2383(b)(3) of title 10, United States Code.
At the end of subtitle C of title VIII, add the following:

SEC. 824. REPORTS ON CERTAIN DEFENSE CONTRACTS IN IRAQ AND
AFGHANISTAN.

(a) Quarterly Reports.--

[[Page S11151]]

(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and every 90 days thereafter, the
Secretary of Defense shall submit to the appropriate
committees of Congress a report that lists and describes each
task or delivery order contract or other contract related to
security and reconstruction activities in Iraq and
Afghanistan in which an audit conducted by an investigative
or audit component of the Department of Defense during the
90-day period ending on the date of such report resulted in a
finding described in subsection (b).
(2) Coverage of subcontracts.--For purposes of this
section, any reference to a contract shall be treated as a
reference to such contract and to any subcontracts under such
contract.
(b) Covered Finding.--A finding described in this
subsection with respect to a task or delivery order contract
or other contract described in subsection (a) is a finding by
an investigative or audit component of the Department of
Defense that the contract includes costs that are
unsupported, questioned, or both.
(c) Report Information.--Each report under subsection (a)
shall include, with respect to each task or delivery order
contract or other contract covered by such report--
(1) a description of the costs determined to be
unsupported, questioned, or both; and
(2) a statement of the amount of such unsupported or
questioned costs and the percentage of the total value of
such task or delivery order that such costs represent.
(d) Withholding of Payments.--In the event that any costs
under a task or delivery order contract or other contract
described in subsection (a) are determined by an
investigative or audit component of the Department of Defense
to be unsupported, questioned, or both, the appropriate
Federal procurement personnel may withhold from amounts
otherwise payable to the contractor under such contract a sum
of up to 100 percent of the total amount of such costs.
(e) Release of Withheld Payments.--Upon a subsequent
determination by the appropriate Federal procurement
personnel, or investigative or audit component of the
Department of Defense, that any unsupported or questioned
costs for which an amount payable was withheld under
subsection (d) has been determined to be allowable, or upon a
settlement negotiated by the appropriate Federal procurement
personnel, the appropriate Federal procurement personnel may
release such amount for payment to the contractor concerned.
(f) Inclusion of Information on Withholding and Release in
Quarterly Reports.--Each report under subsection (a) after
the initial report under that subsection shall include the
following:
(1) A description of each action taken under subsection (d)
or (e) during the period covered by such report.
(2) A justification of each determination or negotiated
settlement under subsection (d) or (e) that appropriately
explains the determination of the applicable Federal
procurement personnel in terms of reasonableness,
allocability, or other factors affecting the acceptability of
the costs concerned.
(g) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committees on Appropriations, Armed Services, and
Homeland Security and Governmental Affairs of the Senate; and
(B) the Committees on Appropriations, Armed Services, and
Government Reform of the House of Representatives.
(2) The term ``investigative or audit component of the
Department of Defense'' means any of the following:
(A) The Office of the Inspector General of the Department
of Defense.
(B) The Defense Contract Audit Agency.
(C) The Defense Contract Management Agency.
(D) The Army Audit Agency.
(E) The Naval Audit Service.
(F) The Air Force Audit Agency.
(3) The term ``questioned'', with respect to a cost, means
an unreasonable, unallocable, or unallowable cost.
At the end of subtitle A of title VIII, add the following:

SEC. 807. REPORTS ON SIGNIFICANT INCREASES IN PROGRAM
ACQUISITION UNIT COSTS OR PROCUREMENT UNIT
COSTS OF MAJOR DEFENSE ACQUISITION PROGRAMS.

(a) Initial Report Required.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees
a report on the acquisition status of each major defense
acquisition program whose program acquisition unit cost or
procurement unit cost, as of the date of the enactment of
this Act, has exceeded by more than 50 percent the original
baseline projection for such unit cost. The report shall
include the information specified in subsection (c).
(b) Information.--The information specified in this
subsection with respect to a major defense acquisition
program is the following:
(1) An assessment of the costs to be incurred to complete
the program if the program is not modified.
(2) An explanation of why the costs of the program have
increased.
(3) A justification for the continuation of the program
notwithstanding the increase in costs.
(c) Major Defense Acquisition Program Defined.--In this
section, the term ``major defense acquisition program'' has
the meaning given that term in section 2430 of title 10,
United States Code.
At the end of subtitle D of title VIII, add the following

SEC. 834. TRAINING FOR DEFENSE ACQUISITION WORKFORCE ON THE
REQUIREMENTS OF THE BERRY AMENDMENT.

(a) Training During Fiscal Year 2006.--The Secretary of
Defense shall ensure that each member of the defense
acquisition workforce who participates personally and
substantially in the acquisition of textiles on a regular
basis receives training during fiscal year 2006 on the
requirements of section 2533a of title 10, United States Code
(commonly referred to as the ``Berry Amendment``);, and the
regulations implementing that section.
(b) Inclusion of Information in New Training Programs.--The
Secretary shall ensure that any training program for the
defense acquisition workforce development or implemented
after the date of the enactment of this Act includes
comprehensive information on the requirements described in
subsection (a).
On page 92, after line 25, add the following:

SEC. 538. PROMOTION OF FOREIGN LANGUAGE SKILLS AMONG MEMBERS
OF THE RESERVE OFFICERS' TRAINING CORPS.

(a) In General.--The Secretary of Defense shall support the
acquisition of foreign language skills among cadets and
midshipmen in the Reserve Officers' Training Corps, including
through the development and implementation of--
(1) incentives for cadets and midshipmen to participate in
study of a foreign language, including special emphasis for
Arabic, Chinese, and other ``strategic languages'', as
defined by the Secretary of Defense in consultation with
other relevant agencies; and
(2) a recruiting strategy to target foreign language
speakers, including members of heritage communities, to
participate in the Reserve Officers' Training Corps.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the congressional defense committees a report on the
actions taken to carry out this section.
At the end of subtitle C of title II, add the following:

SEC. 224. ARROW BALLISTIC MISSILE DEFENSE SYSTEM.

Of the amount authorized to be appropriated by section
201(5) for research, development, test, and evaluation for
Defense-wide activities and available for ballistic missile
defense, $80,000,000 may be available for coproduction of the
Arrow ballistic missile defense system.
At the end of subtitle B of title II, add the following:

SEC. 213. FIELD PROGRAMMABLE GATE ARRAY.

(a) Additional Amount for Research, Development, Test, and
Evaluation, Air Force.--The amount authorized to be
appropriated by section 201(3) for research, development,
test, and evaluation for the Air Force is hereby increased by
$3,000,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 201(3) for research, development,
test, and evaluation for the Air Force, as increased by
subsection (a), $3,000,000 may be available for Space
Technology (PE # 0602601F) for research and development on
the reliability of field programmable gate arrays for space
applications, including design of an assurance strategy,
reference architectures, research and development on
reliability and radiation hardening, and outreach to industry
and localities to develop core competencies.
(c) Offset.--The amount authorized to be appropriated by
section 301(4) is hereby reduced by $3,000,000.
At the end of subtitle B of title II, add the following:

SEC. 213. LONG WAVELENGTH ARRAY LOW FREQUENCY RADIO ASTRONOMY
INSTRUMENTS.

(a) Additional Amount for Research, Development, Test, and
Evaluation, Navy.--The amount authorized to be appropriated
by section 201(2) for research, development, test, and
evaluation for the Navy is hereby increased by $6,000,000.
(b) Availability of Amount.--
(1) In general.--Of the amount authorized to be
appropriated by section 201(2) for research, development,
test, and evaluation for the Navy, as increased by subsection
(a), $6,000,000 may be available for research and development
on Long Wavelength Array low frequency radio astronomy
instruments.
(2) Construction with other amounts.--The amount available
under paragraph (1) for the purpose set forth in that
paragraph is in addition to any other amounts available under
this Act for that purpose.
(c) Offset.--The amount authorized to be appropriated by
section 301(4) for operation and maintenance for the Air
Force is hereby reduced by $6,000,000.
On page 213, between lines 2 and 3, insert the following:

SEC. 807. TEMPORARY INAPPLICABILITY OF BERRY AMENDMENT TO
PROCUREMENTS OF ITEMS USED TO PRODUCE FORCE
PROTECTION EQUIPMENT.

(a) In General.--Section 2533a(a) of title 10, United
States Code, shall not apply to the procurement, during the
2-year period beginning on the date of the enactment of this
Act, of items if such items are used to produce force
protection equipment needed to prevent combat fatalities in
Iraq or Afghanistan.

[[Page S11152]]

(b) Treatment of Procurements Within Period.--For the
purposes of subsection (a), a procurement shall be treated as
being made during the 2-year period described in that
subsection to the extent that funds are obligated by the
Department of Defense for that procurement during that
period.
At the end of subtitle E of title II, add the following:

SEC. 244. DELAYED EFFECTIVE DATE FOR LIMITATION ON
PROCUREMENT OF SYSTEMS NOT GPS-EQUIPPED.

(a) Delayed Effective Date.--Section 152(b) of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160; 107 Stat. 1578), as amended by section 218(e) of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261; 112 Stat. 1952; 10 U.S.C. 2281
note), is further amended by striking ``2005'' and inserting
``2007''.
(b) Ratification of Actions.--Any obligation or expenditure
of funds by the Department of Defense during the period
beginning on October 1, 2005, and ending on the date of the
enactment of this Act to modify or procure a Department of
Defense aircraft, ship, armored vehicle, or indirect-fire
weapon system that is not equipped with a Global Positioning
System receiver is hereby ratified.
At the end of subtitle B of title II, add the following:

SEC. 213. DEFENSE BASIC RESEARCH PROGRAMS.

(a) Army Programs.--(1) The amount authorized to be
appropriated by section 201(1) for research, development,
test, and evaluation for the Army is hereby increased by
$10,000,000.
(2) Of the amount authorized to be appropriated by section
201(1) for research, development, test, and evaluation for
the Army, as increased by paragraph (1), $10,000,000 may be
available for Program Element 0601103A for University
Research Initiatives.
(b) Navy Programs.--(1) The amount authorized to be
appropriated by section 201(2) for research, development,
test, and evaluation for the Navy is hereby increased by
$5,000,000.
(2) Of the amount authorized to be appropriated by section
201(2) for research, development, test, and evaluation for
the Navy, as increased by paragraph (1), $5,000,000 may be
available for Program Element 0601103N for University
Research Initiatives.
(c) Air Force Programs.--(1) The amount authorized to be
appropriated by section 201(3) for research, development,
test, and evaluation for the Air Force is hereby increased by
$10,000,000.
(2) Of the amount authorized to be appropriated by section
201(3) for research, development, test, and evaluation for
the Air Force, as increased by paragraph (1), $10,000,000 may
be available for Program Element 0601103F for University
Research Initiatives.
(d) Defense-Wide Activities.--(1) The amount authorized to
be appropriated by section 201(4) for research, development,
test, and evaluation for Defense-wide activities is hereby
increased by $15,000,000.
(2) Of the amount authorized to be appropriated by section
201(4) for research, development, test, and evaluation for
Defense-wide activities, as increased by paragraph (1)--
(A) $10,000,000 may be available for Program Element
0601120D8Z for the SMART National Defense Education Program;
and
(B) $5,000,000 may be available for Program Element
0601101E for the Defense Advanced Research Projects Agency
University Research Program in Computer Science and
Cybersecurity.
(e) Offsets.--(1) The amount authorized to be appropriated
by section 301(4) is hereby reduced by $40,000,000.
At the end of subtitle G of title X, add the following:

SEC. 1073. RETENTION OF REIMBURSEMENT FOR PROVISION OF
RECIPROCAL FIRE PROTECTION SERVICES.

Section 5 of the Act of May 27, 1955 (chapter 105; 69 Stat.
67; 42 U.S.C. 1856d) is amended--
(1) by striking ``Funds'' and inserting ``(a) Funds''; and
(2) by adding at the end the following new subsection:
``(b) Notwithstanding the provisions of subsection (a), all
sums received for any Department of Defense activity for fire
protection rendered pursuant to this Act shall be credited to
the appropriation fund or account from which the expenses
were paid. Amounts so credited shall be merged with funds in
such appropriation fund or account and shall be available for
the same purposes and subject to the same limitations as the
funds with which the funds are merged.''.
On page 286, between lines 7 and 8, insert the following:

SEC. 1073. EXPANSION OF EMERGENCY SERVICES UNDER RECIPROCAL
AGREEMENTS.

Subsection (b) of the first section of the Act of May 27,
1955 (69 Stat. 66, chapter 105; 42 U.S.C. 1856(b)) is amended
by striking ``and fire fighting'' and inserting ``, fire
fighting, and emergency services, including basic and
advanced life support, hazardous material containment and
confinement, and special rescue events involving vehicular
and water mishaps, and trench, building, and confined space
extractions''.
At the end of subtitle A of title VIII, add the following:

SEC. 807. ACQUISITION STRATEGY FOR COMMERCIAL SATELLITE
COMMUNICATION SERVICES.

(a) Requirement for Spend Analysis.--The Secretary of
Defense shall, as a part of the effort of the Department of
Defense to develop a revised strategy for acquiring
commercial satellite communication services, perform a
complete spend analysis of the past and current acquisitions
by the Department of commercial satellite communication
services.
(b) Report on Acquisition Strategy.--
(1) In general.--Not later than six months after the date
of the enactment of this Act, the Secretary shall submit to
Congress a report on the acquisition strategy of the
Department of Defense for commercial satellite communications
services.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the spend analysis required by
subsection (a), including the results of the analysis.
(B) The proposed strategy of the Department for acquiring
commercial satellite communication services, which strategy
shall--
(i) be based in appropriate part on the results of the
analysis required by subsection (a); and
(ii) take into account various methods of aggregating
purchases and leveraging the purchasing power of the
Department, including through the use of multiyear
contracting for commercial satellite communication services.
(C) A proposal for such legislative action as the Secretary
considers necessary to acquire appropriate types and amounts
of commercial satellite communications services using methods
of aggregating purchases and leveraging the purchasing power
of the Department (including the use of multiyear
contracting), or if the use of such methods is determined
inadvisable, a statement of the rationale for such
determination.
(D) A proposal for such other legislative action that the
Secretary considers necessary to implement the strategy of
the Department for acquiring commercial satellite
communication services.
In the section heading of section 582, insert ``or
decreases'' after ``increases''.
In section 582(a), insert ``or decrease'' after ``overall
increase''.
In the matter preceding subparagraph (A) of section
582(b)(2), insert ``or decrease'' after ``overall increase''.
In section 582(b)(2)(B), strike ``; or'' and insert a
semicolon.
In section 582(b)(2)(C), strike the period at the end and
insert ``; or''.
In section 528(b)(2), add at the end the following:
(D) a change in the number of housing units on a military
installation.
In section 582(d)(1), insert ``or decrease'' after
``overall increase''.
At the end of subtitle F of title V, add the following:

SEC. 573. UNIFORM POLICY ON PARENTAL LEAVE AND SIMILAR LEAVE.

(a) Policy Required.--The Secretary of Defense shall
prescribe in regulations a uniform policy for the taking by
members of the Armed Forces of parental leave to cover leave
to be used in connection with births or adoptions, as the
Secretary shall designate under the policy.
(b) Uniformity Across Armed Forces.--The policy prescribed
under subsection (a) shall apply uniformly across the Armed
Forces.
On page 96, strike lines 19 and 20 and insert the
following:
``(2) Military legal assistance may be provided only by a
judge advocate or a civilian attorney who is a member of the
bar of a Federal court or of the highest court of a State.
``(3) In this subsection, the term `military legal
assistance' includes--
At the end of subtitle C of title V, add the following:

SEC. 538. PILOT PROGRAM ON ENHANCED QUALITY OF LIFE FOR
MEMBERS OF THE ARMY RESERVE AND THEIR FAMILIES.

(a) Pilot Program Required.--
(1) In general.--The Secretary of the Army shall carry out
a pilot program to assess the feasability and advisability of
utilizing a coalition of military and civilian community
personnel at military installations in order to enhance the
quality of life for members of the Army Reserve who serve at
such installations and their families.
(2) Locations.--The Secretary shall carry out the pilot
program at a military installation selected by the Secretary
for purposes of the pilot program in two States.
(b) Participating Personnel.--A coalition of personnel
under the pilot program shall consist of--
(1) such command personnel at the installation concerned as
the commander of such installation considers appropriate;
(2) such other military personnel at such installation as
the commander of such installation considers appropriate; and
(3) appropriate members of the civilian community of
installation, such as clinicians and teachers, who volunteer
for participation in the coalition.
(c) Objectives.--
(1) Principle objective.--The principle objective of the
pilot program shall be to enhance the quality of life for
members of the Army Reserve and their families in order to
enhance the mission readiness of such members, to facilitate
the transition of such members to and from deployment, and to
enhance the retention of such members.
(2) Objectives relating to deployment.--In seeking to
achieve the principle objective under paragraph (1) with
respect to the deployment of members of the Army Reserve,

[[Page S11153]]

each coalition under the pilot program shall seek to assist
members of the Army Reserve and their families in--
(A) successfully coping with the absence of such members
from their families during deployment; and
(B) successfully addressing other difficulties associated
with extended deployments, including difficulties of members
on deployment and difficulties of family members at home.
(3) Methods to achieve objectives.--The methods selected by
each coalition under the pilot program to achieve the
objectives specified in this subsection shall include methods
as follows:
(A) Methods that promote a balance of work and family
responsibilities through a principle-centered approach to
such matters.
(B) Methods that promote the establishment of appropriate
priorities for family matters, such as the allocation of time
and attention to finances, within the context of meeting
military responsibilities.
(C) Methods that promote the development of meaningful
family relationships.
(D) Methods that promote the development of parenting
skills intended to raise emotionally healthy and empowered
children.
(d) Report.--Not later than April 1, 2007, the Secretary
shall submit to the congressional defense committees a report
on the pilot program carried out under this section. The
report shall include--
(1) a description of the pilot program;
(2) an assessment of the benefits of utilizing a coalition
of military and civilian community personnel on military
installations in order to enhance the quality of life for
members of the Army Reserve and their families; and
(3) such recommendations for legislative or administrative
action as the Secretary considers appropriate in light of the
pilot program.
(e) Funding.--
(1) In general.--The amount authorized to be appropriated
by section 301(6) for operation and maintenance for the Army
Reserve is hereby increased by $160,000, with the amount of
the increase to be available to carry out the pilot program
required by this section.
(2) Offset.--The amount authorized to be appropriated by
section 201(2) for research, development, test, and
evaluation for the Navy and available for Ship Self Defense
(Detect and Control) (PE #0604755N) is hereby reduced by
$160,000, with the amount of the reduction to be allocated to
amounts for Autonomous Unmanned Surface Vessel.
At the end of subtitle B of title VII, add the following:

SEC. 718. RESPONSE TO MEDICAL NEEDS ARISING FROM MANDATORY
MILITARY VACCINATIONS.

(a) In General.--The Secretary of Defense shall maintain a
joint military medical center of excellence focusing on the
medical needs arising from mandatory military vaccinations.
(b) Elements.--The joint military medical center of
excellence under subsection (a) shall consist of the
following:
(1) The Vaccine Health Care Centers of the Department of
Defense, which shall be the principle elements of the center.
(2) Any other elements that the Secretary considers
appropriate.
(c) Authorized Activities.--In acting as the principle
elements of the joint military medical center under
subsection (a), the Vaccine Health Care Centers referred to
in subsection (b)(1) may carry out the following:
(1) Medical assistance and care to individuals receiving
mandatory military vaccines and their dependents, including
long-term case management for adverse events where necessary.
(2) Evaluations to identify and treat potential and actual
health effects from vaccines before and after their use in
the field.
(3) The development and sustainment of a long-term vaccine
safety and efficacy registry.
(4) Support for an expert clinical advisory board for case
reviews related to disability assessment questions.
(5) Long-term and short-term studies to identify
unanticipated benefits and adverse events from vaccines.
(6) Educational outreach for immunization providers and
those requiring immunizations.
(7) The development, dissemination, and validation of
educational materials for Department of Defense healthcare
workers relating to vaccine safety, efficacy, and
acceptability.
At the appropriate place, insert the following:

SEC. __. DEPARTMENT OF DEFENSE TASK FORCE ON MENTAL HEALTH.

(a) Requirement To Establish.--The Secretary of Defense
shall establish within the Department of Defense a task force
to examine matters relating to mental health and the Armed
Forces.
(b) Composition.--
(1) Members.--The task force shall consist of not more than
14 members appointed by the Secretary of Defense from among
individuals described in paragraph (2) who have demonstrated
expertise in the area of mental health.
(2) Range of members.--The individuals appointed to the
task force shall include--
(A) at least one member of each of the Army, Navy, Air
Force, and Marine Corps; and
(B) a number of persons from outside the Department of
Defense equal to the total number of personnel from within
the Department of Defense (whether members of the Armed
Forces or civilian personnel) who are appointed to the task
force.
(3) Individuals appointed within department of defense.--At
least one of the individuals appointed to the task force from
within the Department of Defense shall be the surgeon general
of an Armed Force or a designee of such surgeon general.
(4) Individuals appointed outside department of defense.--
(A) Individuals appointed to the task force from outside the
Department of Defense may include officers or employees of
other departments or agencies of the Federal Government,
officers or employees of State and governments, or
individuals from the private sector.
(B) The individuals appointed to the task force from
outside the Department of Defense shall include--
(i) an officer or employee of the Department of Veterans
Affairs appointed by the Secretary of Defense in consultation
with the Secretary of Veterans Affairs;
(ii) an officer or employee of the Substance Abuse and
Mental Health Services Administration of the Department of
Health and Human Services appointed by the Secretary of
Defense in consultation with the Secretary of Health and
Human Services; and
(iii) at least two individuals who are representatives of--
(I) a mental health policy and advocacy organization; and
(II) a national veterans service organization.
(5) Deadline for appointment.--All appointments of
individuals to the task force shall be made not later than
120 days after the date of the enactment of this Act.
(6) Co-chairs of Task Force.--There shall be two co-chairs
of the task force. One of the co-chairs shall be designated
by the Secretary of the Defense at the time of appointment
from among the Department of Defense personnel appointed to
the task force. The other co-chair shall be selected from
among the members appointed from outside the Department of
Defense by members so appointed.
(c) Long-Term Plan on Mental Health Services.--
(1) In general.--Not later than 12 months after the date on
which all members of the task force have been appointed, the
task force shall submit to the Secretary a long-term plan
(referred to as a strategic plan) on means by which the
Department of Defense shall improve the efficacy of mental
health services provided to members of the Armed Forces by
the Department of Defense.
(2) Utilization of other efforts.--In preparing the report,
the task force shall take into consideration completed and
ongoing efforts by the Department of Defense to improve the
efficacy of mental health care provided to members of the
Armed Forces by the Department.
(3) Elements.--The long-term plan shall include an
assessment of and recommendations (including recommendations
for legislative or administrative action) for measures to
improve the following:
(A) The awareness of the prevalence of mental health
conditions among members of the Armed Forces.
(B) The efficacy of existing programs to prevent, identify,
and treat mental health conditions among members of the Armed
Forces, including programs for and with respect to forward-
deployed troops.
(C) The reduction or elimination of barriers to care,
including the stigma associated with seeking help for mental
health related conditions, and the enhancement of
confidentiality for members of the Armed Forces seeking care
for such conditions.
(D) The adequacy of outreach, education, and support
programs on mental health matters for families of members of
the Armed Forces.
(E) The efficacy of programs and mechanisms for ensuring a
seamless transition from care of members of the Armed Forces
on active duty for mental health conditions through the
Department of Defense to care for such conditions through the
Department of Veterans Affairs after such members are
discharged or released from military, naval, or air service.
(F) The availability of long-term follow-up and access to
care for mental health conditions for members of the
Individual Ready Reserve, and the Selective Reserve and for
discharged, separated, or retired members of the Armed
Forces.
(G) Collaboration among organizations in the Department of
Defense with responsibility for or jurisdiction over the
provision of mental health services.
(H) Coordination between the Department of Defense and
civilian communities, including local support organizations,
with respect to mental health services.
(I) The scope and efficacy of curricula and training on
mental health matters for commanders in the Armed Forces.
(J) Such other matters as the task force considers
appropriate.
(d) Administrative Matters.--
(1) Compensation.--Each member of the task force who is a
member of the Armed Forces or a civilian officer or employee
of the United States shall serve without compensation (other
than compensation to which entitled as a member of the Armed
Forces or an officer or employee of the United States, as the
case may be). Other members of the task force shall be
treated for purposes of section 3161 of title 5, United
States Code, as having been appointed under subsection (b) of
such section.

[[Page S11154]]

(2) Oversight.--The Under Secretary of Defense for
Personnel and Readiness shall oversee the activities of the
task force.
(3) Administrative support.--The Washington Headquarters
Services of the Department of Defense shall provide the task
force with personnel, facilities, and other administrative
support as necessary for the performance of the duties of the
task force.
(4) Access to facilities.--The Under Secretary of Defense
for Personnel and Readiness shall, in coordination with the
Secretaries of the military departments, ensure appropriate
access by the task force to military installations and
facilities for purposes of the discharge of the duties of the
task force.
(e) Report.--
(1) In general.--The task force shall submit to the
Secretary of Defense a report on its activities under this
section. The report shall include--
(A) a description of the activities of the task force;
(B) the plan required by subsection (c); and
(C) such other mattes relating to the activities of the
task force that the task force considers appropriate.
(2) Transmittal to congress.--Not later than 90 days after
receipt of the report under paragraph (1), the Secretary
shall transmit the report to the Committees on Armed Services
and Veterans' Affairs of the Senate and the House of
Representatives. The Secretary may include in the transmittal
such comments on the report as the Secretary considers
appropriate.
(f) Termination.--The task force shall terminate 90 days
after the date on which the report of the task force is
submitted to Congress under subsection (e)(2).
At the end of subtitle B of title VI, add the following:

SEC. 624. ELIGIBILITY OF ORAL AND MAXILLOFACIAL SURGEONS FOR
INCENTIVE SPECIAL PAY FOR MEDICAL OFFICERS OF
THE ARMED FORCES.

(a) In General.--For purposes of eligibility for incentive
special pay payable under section 302(b) of title 37, United
States Code, oral and maxillofacial surgeons shall be treated
as medical officers of the Armed Forces who may be paid
variable special pay under section 302(a)(2) of such title.
(b) Effective Date.--Subsection (a) shall take effect on
October 1, 2005, and shall apply with respect to incentive
special pay payable under section 302(b) of title 37, United
States Code, on or after that date.
On page 296, after line 19, add the following:

SEC. 1205. REPORT ON NONSTRATEGIC NUCLEAR WEAPONS.

(a) Review.--Not later than six months after date of
enactment, the Secretary of Defense shall, in consultation
with the Secretary of State, conduct a review of United
States and Russian nonstrategic nuclear weapons and determine
whether it is in the national security interest of the United
States--
(1) to reduce the number of United States and Russian
nonstrategic nuclear weapons;
(2) to improve the security of United States and Russian
nonstrategic nuclear weapons in storage and during transport;
(3) to identify and develop mechanisms and procedures to
implement transparent reductions in nonstrategic nuclear
weapons; and
(4) to identify and develop mechanisms and procedures to
implement the transparent dismantlement of excess
nonstrategic nuclear weapons.
(b) Report.--
(1) In general.--The Secretary of Defense shall, in
consultation with the Secretary of State and the Secretary of
Energy, submit a joint report on the results of the review
required under subsection (a). The report shall include a
plan to implement, not later than October 1, 2006, actions
determined to be in the United States national security
interest.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include an
unclassified annex.
In subtitle B of title VII of the bill, add the following
at the end:

SEC. 718. PANDEMIC AVIAN FLU PREPAREDNESS.

(a) Report.--The Secretary of Defense shall report to the
Committees on Armed Services of the Senate and the House of
Representatives efforts within the Department of Defense to
prepare for pandemic influenza, including pandemic avian
influenza. The Secretary shall address the following, with
respect to military and civilian personnel--
(1) the procurement of vaccines, antivirals and other
medicines, and medical supplies, including personal
protective equipment, particularly those that must be
imported;
(2) protocols for the allocation and distribution of
vaccines and medicines among high priority populations;
(3) public health containment measures that may be
implemented on military bases and other facilities, including
quarantine, travel restrictions and other isolation
precautions;
(4) communication with Department of Defense affiliated
health providers about pandemic preparedness and response;
(5) surge capacity for the provision of medical care during
pandemics;
(6) the availability and delivery of food and basic
supplies and services;
(7) surveillance efforts domestically and internationally,
including those utilizing the Global Emerging Infections
Systems (GEIS), and how such efforts are integrated with
other ongoing surveillance systems;
(8) the integration of pandemic and response planning with
those of other Federal departments, including the Department
of Health and Human Services, Department of the Veterans
Affairs, Department of State, and USAID; and
(9) collaboration (as appropriate) with international
entities engaged in pandemic preparedness and response.
(b) Submission of Report.--Not later than 120 days after
the date of enactment of this Act, the Secretary of Defense
shall submit the report to the Committees on Armed Services
of the Senate and the House of Representatives.
At the end of subtitle F of title V, add the following:

SEC. 573. MENTAL HEALTH SCREENINGS OF MEMBERS OF THE ARMED
FORCES FOR POST TRAUMATIC STRESS DISORDER AND
OTHER MENTAL HEALTH CONDITIONS.

(a) Mental Health Screenings.--
(1) In general.--Under regulations prescribed by the
Secretary of Defense, the Secretary concerned shall perform
mental health screenings of each member of the Armed Forces
who is deployed in a combat operation or to a combat zone.
(b) Nature of Screenings.--The first mental health
screening of a member under this section shall be designed to
determine the mental state of such member before deployment.
Each other mental health screening of a member under this
section shall be designated to detect symptoms or other
evidence in such member of Post Traumatic Stress Disorder
(PTSD) or other mental health condition relating to combat.
(c) Time of Screenings.--A member shall receive a mental
health screening under this section at times as follows:
(1) Prior to deployment in a combat operation or to a
combat zone.
(2) Not later than 30 days after the date of the member's
return from such deployment.
(3) Not later than 120 days after the date of the members
return from such deployment.
(4) Whenever the member receives any other medical
examination through the Department of Defense.
In lieu of the matter proposed to be inserted, insert the
following:

SEC. 718. MENTAL HEALTH COUNSELORS UNDER TRICARE.

(a) In General.--Section 1079(a) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(17) Services of mental health counselors, except that--
``(A) such services are limited to services provided by
counselors who are licensed under applicable State law to
provide mental health services;
``(B) such services may be provided independently of
medical oversight and supervision only in areas identified by
the Secretary as `medically underserved areas' where the
Secretary determines that 25 percent or more of the residents
are located in primary shortage areas designated pursuant to
section 332 of the Public Health Services Act (42 U.S.C.
254e); and
``(C) the provision of such services shall be consistent
with such rules as may be prescribed by the Secretary of
Defense, including criteria applicable to credentialing or
certification of mental health counselors and a requirement
that mental health counselors accept payment under this
section as full payment for all services provided pursuant to
this paragraph.''.
(b) Authority to Enter Into Personal Services Contracts.--
Section 704(c)(2) of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2799; 10
U.S.C. 1091 note) is amended by inserting ``mental health
counselors,'' after ``psychologists,''.
(a) Authority to Continue Allowance.--Effective as of
September 30, 2005, section 1026 of division A of the
Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Tsunami Relief, 2005 (Public Law
109-13), is amended by striking subsections (d) and (e).
(b) Codification of Reporting Requirement.--Section 411h of
title 37, United States Code, is amended by adding at the end
the following new subsection:
`(e) If the amount of travel and transportation allowances
provided in a fiscal year under clause (ii) of subsection
(a)(2)(B) exceeds $20,000,000, the Secretary of Defense shall
submit to Congress a report specifying the total amount of
travel and transportation allowances provided under such
clause in such fiscal year.'.
(c) Conforming Amendment.--Subsection (a)(2)(B)(ii) of such
section, as added by section 1026 of division A of the
Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Tsunami Relief, 2005 (Public Law
109-13), is amended by striking `under section 1967(c)(1)(A)
of title 38'.
(d) Funding.--Funding shall be provided out of existing
funds.
At the end of subtitle G of title X, add the following:

SEC. 1073. RENEWAL OF MORATORIUM ON RETURN OF VETERANS
MEMORIAL OBJECTS TO FOREIGN NATIONS WITHOUT
SPECIFIC AUTHORIZATION IN LAW.

Section 1051(c) of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65, 113 Stat. 763; 10
U.S.C. 2572 note) is amended by inserting ``, and during the
period beginning on the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2006 and ending on
September 30, 2010.
At the end of subtitle G of title X, add the following:

[[Page S11155]]

SEC. 1073. GRANT OF FEDERAL CHARTER TO KOREAN WAR VETERANS
ASSOCIATION, INCORPORATED.

(a) Grant of Charter.--Part B of subtitle II of title 36,
United States Code, is amended--
(1) by striking the following:

``CHAPTER 1201--[RESERVED]'';

and
(2) by inserting after chapter 1103 the following new
chapter:

``CHAPTER 1201--KOREAN WAR VETERANS ASSOCIATION, INCORPORATED

``Sec.
``120101. Organization.
``120102. Purposes.
``120103. Membership.
``120104. Governing body.
``120105. Powers.
``120106. Restrictions.
``120107. Tax-exempt status required as condition of charter.
``120108. Records and inspection.
``120109. Service of process.
``120110. Liability for acts of officers and agents.
``120111. Annual report.
``120112. Definition.

``Sec. 120101. Organization

``(a) Federal Charter.--Korean War Veterans Association,
Incorporated (in this chapter, the `corporation'), a
nonprofit organization that meets the requirements for a
veterans service organization under section 501(c)(19) of the
Internal Revenue Code of 1986 and that is organized under the
laws of the State of New York, is a federally chartered
corporation.
``(b) Expiration of Charter.--If the corporation does not
comply with the provisions of this chapter, the charter
granted by subsection (a) expires.

``Sec. 120102. Purposes

``The purposes of the corporation are those provided in its
articles of incorporation and shall include the following:
``(1) Organize as a veterans service organization in order
to maintain a continuing interest in the welfare of veterans
of the Korean War, and rehabilitation of the disabled
veterans of the Korean War to include all that served during
active hostilities and subsequently in defense of the
Republic of Korea, and their families.
``(2) To establish facilities for the assistance of all
veterans and to represent them in their claims before the
Department of Veterans Affairs and other organizations
without charge.
``(3) To perpetuate and preserve the comradeship and
friendships born on the field of battle and nurtured by the
common experience of service to our nation during the time of
war and peace.
``(4) To honor the memory of those men and women who gave
their lives that a free America and a free world might live
by the creation of living memorial, monuments, and other
forms of additional educational, cultural, and recreational
facilities.
``(5) To preserve for ourselves and our posterity the great
and basic truths and enduring principles upon which this
nation was founded.

``Sec. 120103. Membership

``Eligibility for membership in the corporation, and the
rights and privileges of members of the corporation, are as
provided in the bylaws of the corporation.

``Sec. 120104. Governing body

``(a) Board of Directors.--The composition of the board of
directors of the corporation, and the responsibilities of the
board, are as provided in the articles of incorporation of
the corporation.
``(b) Officers.--The positions of officers of the
corporation, and the election of the officers, are as
provided in the articles of incorporation.

``Sec. 120105. Powers

``The corporation has only those powers provided in its
bylaws and articles of incorporation filed in each State in
which it is incorporated.

``Sec. 120106. Restrictions

``(a) Stock and Dividends.--The corporation may not issue
stock or declare or pay a dividend.
``(b) Political Activities.--The corporation, or a director
or officer of the corporation as such, may not contribute to,
support, or participate in any political activity or in any
manner attempt to influence legislation.
``(c) Loan.--The corporation may not make a loan to a
director, officer, or employee of the corporation.
``(d) Claim of Governmental Approval or Authority.--The
corporation may not claim congressional approval, or the
authority of the United States, for any of its activities.
``(e) Corporate Status.--The corporation shall maintain its
status as a corporation incorporated under the laws of the
State of New York.

``Sec. 120107. Tax-exempt status required as condition of
charter

``If the corporation fails to maintain its status as an
organization exempt from taxation under the Internal Revenue
Code of 1986, the charter granted under this chapter shall
terminate.

``Sec. 120108. Records and inspection

``(a) Records.--The corporation shall keep--
``(1) correct and complete records of account;
``(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
``(3) at its principal office, a record of the names and
addresses of its members entitled to vote on matters relating
to the corporation.
``(b) Inspection.--A member entitled to vote on matters
relating to the corporation, or an agent or attorney of the
member, may inspect the records of the corporation for any
proper purpose, at any reasonable time.

``Sec. 120109. Service of process

``The corporation shall have a designated agent in the
District of Columbia to receive service of process for the
corporation. Notice to or service on the agent is notice to
or service on the Corporation.

``Sec. 120110. Liability for acts of officers and agents

``The corporation is liable for the acts of its officers
and agents acting within the scope of their authority.

``Sec. 120111. Annual report

``The corporation shall submit to Congress an annual report
on the activities of the corporation during the preceding
fiscal year. The report shall be submitted at the same time
as the report of the audit required by section 10101(b) of
this title. The report may not be printed as a public
document.

``Sec. 120112. Definition

``For purposes of this chapter, the term `State' includes
the District of Columbia and the territories and possessions
of the United States.''.
(b) Clerical Amendment.--The item relating to chapter 1201
in the table of chapters at the beginning of subtitle II of
title 36, United States Code, is amended to read as follows:
``1201. Korean War Veterans Association, Incorporated.........120101''.
At the end of subtitle H of title V, add the following:

SEC. 596. CONSUMER EDUCATION FOR MEMBERS OF THE ARMED FORCES
AND THEIR SPOUSES ON INSURANCE AND OTHER
FINANCIAL SERVICES.

(a) Education and Counseling Requirements.--
(1) In general.--Chapter 50 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 992. Consumer education: financial services

``(a) Requirement for Consumer Education Program for
Members.--(1) The Secretary concerned shall carry out a
program to provide comprehensive education to members of the
armed forces under the jurisdiction of the Secretary on--
``(A) financial services that are available under law to
members;
``(B) financial services that are routinely offered by
private sector sources to members;
``(C) practices relating to the marketing of private sector
financial services to members;
``(D) such other matters relating to financial services
available to members, and the marketing of financial services
to members, as the Secretary considers appropriate; and
``(E) such other financial practices as the Secretary
considers appropriate.
``(2) Training under this subsection shall be provided to
members as--
``(A) a component of members initial entry orientation
training; and
``(B) a component of periodically recurring required
training that is provided for the members at military
installations.
``(3) The training provided at a military installation
under paragraph (2)(B) shall include information on any
financial services marketing practices that are particularly
prevalent at that military installation and in the vicinity.
``(b) Counseling for Members and Spouses.--(1) The
Secretary concerned shall, upon request, provide counseling
on financial services to each member of the armed forces, and
such member's spouse, under the jurisdiction of the
Secretary.
``(2)(A) In the case of a military installation at which at
least 2,000 members of the armed forces on active duty are
assigned, the Secretary concerned--
``(i) shall provide counseling on financial services under
this subsection at such installation through a full-time
financial services counselor at such installation; and
``(ii) may provide such counseling at such installation by
any means elected by the Secretary concerned from among the
following:
``(I) Through members of the armed forces in grade E-7 or
above, or civilians, who provide such counseling as a part of
the other duties for the Armed Forces or the Department of
Defense.
``(II) By contract, including contract for services by
telephone and by the Internet.
``(III) Through qualified representatives of nonprofit
organizations and agencies under formal agreement with the
Department of Defense to provide such counseling.
``(B) In the case of any military installation not
described in subparagraph (A), the Secretary concerned shall
provide counseling on financial services under this
subsection at such installation by any of the means set forth
in subparagraph (A)(ii), as elected by the Secretary
concerned.
``(3) Each financial services counselor under paragraph
(2)(A)(i), and any other individual providing counseling on
financial services under paragraph (2), shall be an
individual who, by reason of education, training, or
experience, is qualified to provide helpful

[[Page S11156]]

counseling to members of the armed forces and their spouses
on financial services and marketing practices described in
subsection (a)(1). Such individual may be a member of the
armed forces or an employee of the Federal Government.
``(4) The Secretary concerned shall take such action as is
necessary to ensure that each financial services counselor
under paragraph (2)(A)(i), and any other individual providing
counseling on financial services under paragraphs (2), is
free from conflicts of interest relevant to the performance
of duty under this section, and, in the performance of that
duty, is dedicated to furnishing members of the armed forces
and their spouses with helpful information and counseling on
financial services and related marketing practices.
``(c) Life Insurance.--(1) In counseling a member of the
armed forces, or spouse of a member of the armed forces,
under this section regarding life insurance offered by a
private sector source, a financial services counselor under
subsection (b)(2)(A)(i), or another individual providing
counseling on financial services under subsection (b)(2),
shall furnish the member or spouse, as the case may be, with
information on the availability of Servicemembers' Group Life
Insurance under subchapter III of chapter 19 of title 38,
including information on the amounts of coverage available
and the procedures for electing coverage and the amount of
coverage.
``(2)(A) A covered member of the armed forces may not
authorize payment to be made for private sector life
insurance by means of an allotment of pay to which the member
is entitled under chapter 3 of title 37 unless the
authorization of allotment is accompanied by a written
certification by a commander of the member, a financial
services counselor referred to in subsection (b)(2)(A)(i), or
another individual providing counseling on financial services
under subsection (b)(2), as applicable, that the member has
received counseling under paragraph (1) regarding the
purchase of coverage under that private sector life
insurance.
``(B) Subject to subparagraph (C), a written certification
described in subparagraph (A) may not be made with respect to
a member's authorization of allotment as described in
subparagraph (A) until seven days after the date of the
member's authorization of allotment in order to facilitate
the provision of counseling to the member under paragraph
(1).
``(C) The commander of a member may waive the applicability
of subparagraph (B) to a member for good cause, including the
member's imminent change of station.
``(D) In this paragraph, the term `covered member of the
armed forces' means an active duty member of the armed forces
in grades E-1 through E-4.
``(d) Financial Services Defined.--In this section, the
term `financial services' includes the following:
``(1) Life insurance, casualty insurance, and other
insurance.
``(2) Investments in securities or financial instruments.
``(3) Banking, credit, loans, deferred payment plans, and
mortgages.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``992. Consumer education: financial services.''.

(b) Continuing Effect of Existing Allotments for Life
Insurance.--Paragraph (c)(2) of section 992 of title 10,
United States Code (as added by subsection (a)), shall not
affect any allotment of pay authorized by a member of the
Armed Forces before the effective date of such section.
(c) Effective Date.--The amendments made by this section
shall take effect on the first day of the first month that
begins more than 120 days after the date of the enactment of
this Act.
At the end of subtitle A of title VI, add the following:

SEC. 605. PERMANENT EXTENSION OF PERIOD OF TEMPORARY
CONTINUATION OF BASIC ALLOWANCE FOR HOUSING FOR
DEPENDENTS OF MEMBERS OF THE ARMED FORCES WHO
DIE ON ACTIVE DUTY.

Effective immediately after the termination, pursuant to
subsection (b) of section 1022 of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Tsunami Relief, 2005 (Public Law 109-13; 119 Stat. 251), of
the amendments made by subsection (a) of such section,
section 403(l) of title 37, United States Code, is amended by
striking ``180 days'' each place it appears and inserting
``365 days''.
At the end of subtitle A of title VI, add the following:

SEC. 605. BASIC ALLOWANCE FOR HOUSING FOR RESERVE MEMBERS.

(a) Equal Treatment of Reserve Members.--Subsection (g) of
section 403 of title 37, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4);
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The rate of basic allowance for housing to be paid to
the following members of a reserve component shall be equal
to the rate in effect for similarly situated members of a
regular component of the uniformed services:
``(A) A member who is called or ordered to active duty for
a period of more than 30 days.
``(B) A member who is called or ordered to active duty for
a period of 30 days or less in support of a contingency
operation.''; and
(3) in paragraph (4), as so redesignated, by striking
``less than 140 days'' and inserting ``30 days or less''.
(b) Conforming Amendment Regarding Members Without
Dependents.--Paragraph (1) of such subsection is amended by
inserting ``or for a period of more than 30 days'' after ``in
support of a contingency operation'' both places it appears.
At the end of subtitle E of title VI, add the following:

SEC. 653. EDUCATION LOAN REPAYMENT PROGRAM FOR CHAPLAINS IN
THE SELECTED RESERVE.

(a) In General.--Chapter 1609 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 16303. Education loan repayment program: chaplains
serving in the Selected Reserve

``(a) Authority To Repay Education Loans.--Under
regulations prescribed by the Secretary of Defense and
subject to the provisions of this section, the Secretary
concerned may, for purposes of maintaining adequate numbers
of chaplains in the Selected Reserve, repay a loan that--
``(1) was used by a person described in subsection (b) to
finance education resulting in a Masters of Divinity degree;
and
``(2) was obtained from an accredited theological seminary
as listed in the Association of Theological Schools (ATS)
handbook.
``(b) Eligible Persons.--(1) Except as provided in
paragraph (2), a person described in this subsection is a
person who--
``(A) satisfies the requirements specified in subsection
(c);
``(B) holds, or is fully qualified for, an appointment as a
chaplain in a reserve component of an armed force; and
``(C) signs a written agreement to serve not less than
three years in the Selected Reserve.
``(2) A person accessioned into the Chaplain Candidate
Program is not eligible for the repayment of loans under
subsection (a).
``(c) Academic and Professional Requirements.--The
requirements specified in this subsection are such
requirements for accessioning and commissioning of chaplains
as are prescribed by the Secretary concerned in regulations.
``(d) Loan Repayment.--(1) Subject to paragraph (2), the
repayment of a loan under this section may consist of payment
of the principal, interest, and related expenses of such
loan.
``(2) The amount of any repayment of a loan made under this
section on behalf of a person may not exceed $20,000 for each
three year period of obligated service that the person agrees
to serve in an agreement described in subsection (b)(3). Of
such amount, not more than an amount equal to 50 percent of
such amount may be paid before the completion by the person
of the first year of obligated service pursuant to such
agreement. The balance of such amount shall be payable at
such time or times as are prescribed by the Secretary
concerned in regulations.
``(e) Effect of Failure To Complete Obligation.--A person
on behalf of whom repayment of a loan is made under this
section who fails, during the period of obligated service the
person agrees to serve in an agreement described in
subsection (b)(3), to serve satisfactorily in the Selected
Reserve may, at the election of the Secretary concerned, be
required to pay the United States an amount equal to any
amount of repayments made on behalf of the person in
connection with the agreement.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 1609 of such title is amended by adding
at the end the following new item:

``16303. Education loan repayment program: chaplains serving in the
Selected Reserve.''.

At the end of subtitle F of title V, add the following:

SEC. 573. NATIONAL CALL TO SERVICE PROGRAM.

(a) Limitation to Domestic National Service Programs.--
Subsection (c)(3)(D) of section 510 of title 10, United
States Code, is amended by striking ``in the Peace Corps,
Americorps, or another national service program'' and
inserting ``in Americorps or another domestic national
service program''.
(b) Administration of Education Incentives by Secretary of
Veterans Affairs.--Paragraph (2) of subsection (h) of such
section is amended to read as follows:
``(2)(A) Educational assistance under paragraphs (3) or (4)
of subsection (e) shall be provided through the Department of
Veterans Affairs under an agreement to be entered into by the
Secretary of Defense and the Secretary of Veterans Affairs.
The agreements shall include administrative procedures to
ensure the prompt and timely transfer of funds from the
Secretary concerned to the Secretary of Veterans Affairs for
the making of payments under this section.
``(B) Except as otherwise provided in this section, the
provisions of sections 503, 511, 3470, 3471, 3474, 3476,
3482(g), 3483, and 3485 of title 38 and the provisions of
subchapters I and II of chapter 36 of such title (with the
exception of sections 3686(a), 3687, and 3692) shall be
applicable to the provision of educational assistance under
this chapter. The term `eligible veteran' and the term
`person', as used in those provisions, shall be deemed for
the purpose of the application of those provisions to this
section to refer to a person eligible for educational
assistance under paragraph (3) or (4) of subsection (e).''.
At the end of subtitle B of title V, add the following:

[[Page S11157]]

SEC. 522. RECRUITMENT AND ENLISTMENT OF HOME SCHOOLED
STUDENTS IN THE ARMED FORCES.

(a) Policy on Recruitment and Enlistment.--
(1) Policy required.--The Secretary of Defense shall
prescribe a policy on the recruitment and enlistment of home
schooled students in the Armed Forces.
(2) Uniformity across the armed forces.--The Secretary
shall ensure that the policy prescribed under paragraph (1)
applies, to the extent practicable, uniformly across the
Armed Forces.
(b) Elements.--The policy under subsection (a) shall
include the following:
(1) An identification of a graduate of home schooling for
purposes of recruitment and enlistment in the Armed Forces
that is in accordance with the requirements described in
subsection (c).
(2) Provision for the treatment of graduates of home
schooling with no practical limit with regard to enlistment
eligibility.
(3) An exemption of graduates of home schooling from the
requirement for a secondary school diploma or an equivalent
(GED) as a precondition for enlistment in the Armed Forces.
(c) Home School Graduates.--In prescribing the policy, the
Secretary of Defense shall prescribe a single set of criteria
to be utilized by the Armed Forces in determining whether an
individual is a graduate of home schooling. The Secretary
concerned shall ensure compliance with education credential
coding requirements.
(d) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given such term in
section 101(a)(9) of title 10, United States Code.
At the end of subtitle H of title V, add the following:

SEC. 595. PAY OF MEMBERS OF THE COMMISSION ON THE NATIONAL
GUARD AND RESERVES.

(a) In General.--Subsection (e)(1) of section 513 of the
Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1880) is
amended by striking ``except that'' and all that follows
through the end and inserting ``except that--
``(A) in applying the first sentence of subsection (a) of
section 957 of such Act to the Commission, `may' shall be
substituted for `shall'; and
``(B) in applying subsections (a), (c)(2), and (e) of
section 957 of such Act to the Commission, `level IV of the
Executive Schedule' shall be substituted for `level V of the
Executive Schedule'.''.
(b) Technical Amendment.--Subsection (c)(2)(C) of such
section is amended by striking ``section 404(a)(4)'' and
inserting ``section 416(a)(4)''.
On page 305, strike line 2 and all that follows through
line 6, and insert the following:
(a) In General.--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, $323,200,000.
(2) For other procurement, $51,900,000.
(b) Availability of Certain Amounts.--Of the amounts
authorized to be appropriated by subsection (a)(1),
$218,500,000 shall be available for purposes as follows:
(1) Procurement of Predator MQ-1 air vehicles, initial
spares, and RSP kits.
(2) Procurement of Containerized Dual Control Station
Launch and Recovery Elements.
(3) Procurement of a Fixed Ground Control Station.
(4) Procurement of other upgrades to Predator MQ-1 Ground
Control Stations, spares, and signals intelligence packages.

SEC. 1405A. REDUCTION IN AUTHORIZATION OF APPROPRIATIONS FOR
IRAQ FREEDOM FUND.

The amount authorized to be appropriated for fiscal year
2006 for the Iraq Freedom Fund is the amount specified by
section 1409(a) of this Act, reduced by $218,500,000.
At the end of division A, add the following:

TITLE XV--RECRUITMENT AND RETENTION

SEC. 1501. SHORT TITLE.

This title may be cited as the ``Military Recruiting
Initiatives Act of 2005''.

SEC. 1502. INCREASE IN MAXIMUM ENLISTMENT BONUS.

(a) Enlistment Bonus for Selected Reserve Members.--Section
308c(b) of title 37, United States Code, is amended by
striking ``$10,000'' and inserting ``$20,000''.
(b) Enlistment Bonus for Active Members.--Section 309(a) of
title 37, United States Code, is amended by striking
``$20,000'' and inserting ``$40,000''.

SEC. 1503. TEMPORARY AUTHORITY TO PAY BONUS TO ENCOURAGE
MEMBERS OF THE ARMY TO REFER OTHER PERSONS FOR
ENLISTMENT IN THE ARMY.

(a) Authority To Pay Bonus.--The Secretary of the Army may
pay a bonus under this section to a member of the Army,
whether in the regular component of the Army or in the Army
National Guard or Army Reserve, who refers to an Army
recruiter a person who has not previously served in an Armed
Force and who, after such referral, enlists in the regular
component of the Army or in the Army National Guard or Army
Reserve.
(b) Referral.--For purposes of this section, a referral for
which a bonus may be paid under subsection (a) occurs--
(1) when a member of the Army contacts an Army recruiter on
behalf of a person interested in enlisting in the Army; or
(2) when a person interested in enlisting in the Army
contacts the Army recruiter and informs the recruiter of the
role of the member in initially recruiting the person.
(c) Certain Referrals Ineligible.--
(1) Referral of immediate family.--A member of the Army may
not be paid a bonus under subsection (a) for the referral of
an immediate family member.
(2) Members in recruiting roles.--A member of the Army
serving in a recruiting or retention assignment, or assigned
to other duties regarding which eligibility for a bonus under
subsection (a) could (as determined by the Secretary) be
perceived as creating a conflict of interest, may not be paid
a bonus under subsection (a).
(d) Amount of Bonus.--The amount of the bonus paid for a
referral under subsection (a) may not exceed $1,000. The
bonus shall be paid in a lump sum.
(e) Time of Payment.--A bonus may not be paid under
subsection (a) with respect to a person who enlists in the
Army until the person completes basic training and individual
advanced training.
(f) Relation To Prohibition on Bounties.--The referral
bonus authorized by this section is not a bounty for purposes
of section 514(a) of title 10, United States Code.
(g) Limitation on Initial Use of Authority.--During the
first year in which bonuses are offered under this section,
the Secretary of the Army may not pay more than 1,000
referral bonuses per component of the Army.
(h) Duration of Authority.--A bonus may not be paid under
subsection (a) with respect to any referral that occurs after
December 31, 2007.

SEC. 1504. INCREASE IN MAXIMUM AGE FOR ENLISTMENT.

Section 505(a) of title 10, United States Code, is amended
by striking ``thirty-five years of age'' and inserting
``forty-two years of age''.

SEC. 1505. REPEAL OF PROHIBITION ON PRIOR SERVICE ENLISTMENT
BONUS FOR RECEIPT OF OTHER ENLISTMENT OR
REENLISTMENT BONUS FOR SERVICE IN THE SELECTED
RESERVE.

Section 308i(a)(2) of title 37, United States Code, is
amended by striking subparagraph (D).

SEC. 1506. INCREASE AND ENHANCEMENT OF AFFILIATION BONUS FOR
OFFICERS OF THE SELECTED RESERVE.

(a) Repeal of Prohibition on Eligibility for Prior Reserve
Service.--Subsection (a)(2) of section 308j of title 37,
United States Code, is amended--
(1) in subparagraph (A), by adding ``and'' at the end;
(2) by striking subparagraph (B); and
(3) by redesignating subparagraph (C) as subparagraph (B).
(b) Increase in Maximum Amount.--Subsection (d) of such
section is amended by striking ``$6,000'' and inserting
``$10,000''.

SEC. 1507. ENHANCEMENT OF EDUCATIONAL LOAN REPAYMENT
AUTHORITIES.

(a) Additional Loans Eligible for Repayment.--Paragraph (1)
of section 2171(a) of title 10, United States Code, is
amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) any loan incurred for educational purposes made by a
lender that is--
``(i) an agency or instrumentality of a State;
``(ii) a financial or credit institution (including an
insurance company) that is subject to examination and
supervision by an agency of the United States or any State;
``(iii) a pension fund approved by the Secretary for
purposes of this section; or
``(iv) a non-profit private entity designated by a State,
regulated by such State, and approved by the Secretary for
purposes of this section.''.
(b) Eligibility of Officers.--Paragraph (2) of such section
is amended by striking ``an enlisted member in a military
specialty'' and inserting ``a member in an officer program or
military specialty''.

SEC. 1508. REPORT ON RESERVE DENTAL INSURANCE PROGRAM.

(a) Study.--The Secretary of Defense shall conduct a study
of the Reserve Dental Insurance program.
(b) Elements.--The study required by subsection (a) shall--
(1) identify the most effective mechanism or mechanisms for
the payment of premiums under the Reserve Dental Insurance
program for members of the reserve components of the Armed
Forces and their dependents, including by deduction from
reserve pay, by direct collection, or by other means
(including appropriate mechanisms from other military
benefits programs), to ensure uninterrupted availability of
premium payments regardless of whether members are performing
active duty with pay or inactive-duty training with pay;
(2) include such matters relating to the Reserve Dental
Insurance program as the Secretary considers appropriate; and
(3) assess the effectiveness of mechanisms for informing
the members of the reserve components of the Armed Forces of
the availability of, and benefits under, the Reserve Dental
Insurance program.
(c) Report.--Not later than February 1, 2007, the Secretary
shall submit to the congressional defense committees a report
on the study required by subsection (a). The report shall
include the findings of the study

[[Page S11158]]

and such recommendations for legislative or administrative
action regarding the Reserve Dental Insurance program as the
Secretary considers appropriate in light of the study.
(d) Reserve Dental Insurance Program Defined.--In this
section, the term ``Reserve Dental Insurance program''
includes--
(1) the dental insurance plan required under paragraph (1)
of section 1076a(a) of title 10, United States Code; and
(2) any dental insurance plan established under paragraph
(2) or (4) of section 1076a(a) of title 10, United States
Code.
On page 48, line 21, strike ``$18,584,469,000'' and insert
``$18,581,369,000''.
At the appropriate place, insert the following:

SEC. __. PILOT PROJECT FOR CIVILIAN LINGUIST RESERVE CORPS.

(a) Establishment.--The Secretary of Defense (referred to
in this section as the ``Secretary''), through the National
Security Education Program, shall conduct a 3-year pilot
project to establish the Civilian Linguist Reserve Corps,
which shall be composed of United States citizens with
advanced levels of proficiency in foreign languages who would
be available, upon request from the President, to perform any
services or duties with respect to such foreign languages in
the Federal Government as the President may require.
(b) Implementation.--In establishing the Civilian Linguist
Reserve Corps, the Secretary, after reviewing the findings
and recommendations contained in the report required under
section 325 of the Intelligence Authorization Act for Fiscal
Year 2003 (Public Law 107-306; 116 Stat. 2393), shall--
(1) identify several foreign languages that are critical
for the national security of the United States and the
relative priority of each such language;
(2) identify United States citizens with advanced levels of
proficiency in those foreign languages who would be available
to perform the services and duties referred to in subsection
(a);
(3) cooperate with other Federal agencies with national
security responsibilities to implement a procedure for
calling for the performance of the services and duties
referred to in subsection (a); and
(4) implement a call for the performance of such services
and duties.
(c) Contract Authority.--In establishing the Civilian
Linguist Reserve Corps, the Secretary may enter into
contracts with appropriate agencies or entities.
(d) Feasibility Study.--During the course of the pilot
project, the Secretary shall conduct a study of the best
practices in implementing the Civilian Linguist Reserve
Corps, including--
(1) administrative structure;
(2) languages to be offered;
(3) number of language specialists needed for each
language;
(4) Federal agencies who may need language services;
(5) compensation and other operating costs;
(6) certification standards and procedures;
(7) security clearances;
(8) skill maintenance and training; and
(9) the use of private contractors to supply language
specialists.
(e) Reports.--
(1) Evaluation reports.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter until the
expiration of the 3-year period beginning on such date of
enactment, the Secretary shall submit to Congress an
evaluation report on the pilot project conducted under this
section.
(B) Contents.--Each report required under subparagraph (A)
shall contain information on the operation of the pilot
project, the success of the pilot project in carrying out the
objectives of the establishment of a Civilian Linguist
Reserve Corps, and recommendations for the continuation or
expansion of the pilot project.
(2) Final report.--Not later than 6 months after the
completion of the pilot project, the Secretary shall submit
to Congress a final report summarizing the lessons learned,
best practices, and recommendations for full implementation
of the Civilian Linguist Reserve Corps.
(f) Authorization of Appropriations.--There are authorized
to be appropriated $3,100,000 for fiscal year 2006 to carry
out the pilot project under this section.
(g) Offset.--The amounts authorized to be appropriated by
section 301(4) are hereby reduced by $3,100,000 from
operation and maintenance, Air Force.
At the end of subtitle B of title II, add the following:

SEC. 213. PROJECT SHERIFF.

(a) Availability of Amount.--Of the amount authorized to be
appropriated by section 201(4) for research, development,
test, and evaluation for Defense-wide activities, the amount
available for the Force Transformation Directorate is hereby
increased by $10,000,000, with the amount of the increase to
be available for Project Sheriff.
(b) Offset.--Of the amount authorized to be appropriated by
section 301(4) is hereby reduced by $10,000,000.
At the end of subtitle C of title III, add the following:

SEC. 330. REPORT ON AIRCRAFT TO PERFORM HIGH-ALTITUDE
AVIATION TRAINING SITE.

Not later than December 15, 2005, the Secretary of the Army
shall submit to the congressional defense committee a report
containing the following:
(1) An evaluation of the type of aircraft available in the
inventory of the Army that is most suitable to perform the
High-altitude Aviation Training Site (HAATS) Mission.
(2) A determination of when such aircraft may be available
for assignment to the HAATS.
At the end of subtitle B of title II, add the following:

SEC. 213. MEDIUM TACTICAL VEHICLE MODIFICATIONS.

(a) Additional Amount for Research, Development, Test, and
Evaluation, Army.--The amount authorized to be appropriated
by section 201(1) for Research, Development, Test, and
Evaluation for the Army, is hereby increased by $5,000,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 201(1) for Research, Development,
Test, and Evaluation for the Army, as increased by subsection
(a), $5,000,000 may be available for Medium Tactical Vehicle
Modifications.
(c) Offset.--The amount authorized to be appropriated by
section 301(4) for Operation and Maintenance for the Air
Force is hereby reduced by $5,000,000.
At the appropriate place, insert the following:

SEC. __. SENSE OF THE SENATE REGARDING MANNED SPACE FLIGHT.

(a) Findings.--The Congress finds that--
(1) human spaceflight preeminence allows the United States
to project leadership around the world and forms an important
component of United States national security;
(2) continued development of human spaceflight in low-Earth
orbit, on the Moon, and beyond adds to the overall national
strategic posture;
(3) human spaceflight enables continued stewardship of the
region between the earth and the Moon--an area that is
critical and of growing national and international security
relevance;
(4) human spaceflight provides unprecedented opportunities
for the United States to lead peaceful and productive
international relationships with the world community in
support of United States security and geo-political
objectives;
(5) a growing number of nations are pursuing human
spaceflight and space-related capabilities, including China
and India;
(6) past investments in human spaceflight capabilities
represent a national resource that can be built upon and
leveraged for a broad range of purposes, including national
and economic security; and
(7) the industrial base and capabilities represented by the
Space Transportation System provide a critical dissimilar
launch capability for the nation.
(b) Sense of the Senate.--It is the sense of the Senate
that it is in the national security interest of the United
States to maintain uninterrupted preeminence in human
spaceflight.
At the end of title XIV of division A, add the following:

SEC. 1411. TACTICAL WHEELED VEHICLES.

(a) Additional Amount for Other Procurement, Army.--The
amount authorized to be appropriated by section 1403(a)(3)
for other procurement for the Army is hereby increased by
$360,800,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 1403(a)(3) for other procurement for
the Army, as increased by subsection (a)--
(1) $360,800,000 may be made available for the procurement
of armored Tactical Wheeled Vehicles for units deployed in
Iraq and Afghanistan; or
(2) if the Secretary of the Army determines that such
amount is not needed for the procurement of armored Tactical
Wheeled Vehicles for units deployed in Iraq and Afghanistan--
(A) up to $247,100,000 may be available for the procurement
of armored Tactical Wheeled Vehicles to reconstitute Army
Prepositioned Stocks-5, including the procurement of armored
Light Tactical Vehicles (LTVs), armored Medium Tactical
Vehicles (MTVs), and armored Heavy Tactical Vehicles (HTVs)
for purposes of equipping one heavy brigade, one infantry
brigade, and two infantry battalions; and
(B) up to $113,700,000 may be available for the procurement
of armored Tactical Wheeled Vehicles for the Joint Readiness
Training Center at Fort Polk, Louisiana, including the
procurement of armored Light Tactical Vehicles, armored
Medium Tactical Vehicles, and armored Heavy Tactical Vehicles
for purposes of equipping one infantry brigade combat team in
order to permit such vehicles to be used for the training and
preparation of troops, prior to deployment, on the use of
such vehicles.
On page 286, between lines 7 and 8, insert the following:

SEC. 1073. ANNUAL REPORT ON COSTS TO CARRY OUT UNITED NATIONS
RESOLUTIONS.

(a) Requirement for Annual Report.--The Secretary of
Defense and the Secretary of State shall submit to the
congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on International
Relations of the House of Representatives an annual report
that sets forth all direct and indirect costs (including
incremental costs) incurred by the Department of Defense
during the preceding year in implementing or supporting any
resolution adopted by the United Nations Security Council,
including any such

[[Page S11159]]

resolution calling for international sanctions, international
peacekeeping operations, international peace enforcement
operations, monitoring missions, observer missions, or
humanitarian missions undertaken by the Department of
Defense. Each such report shall include an aggregate of all
such Department of Defense costs by operation or mission, the
percentage of the United States contribution by operation or
mission, and the total cost of each operation or mission.
(b) Costs for Assisting Foreign Troops.--The Secretary of
Defense and the Secretary of State shall detail in each
annual report required by this section all direct and
indirect costs (including incremental costs) incurred in
training, equipping, and otherwise assisting, preparing,
resourcing, and transporting foreign troops for implementing
or supporting any resolution adopted by the United Nations
Security Council, including any such resolution calling for
international sanctions, international peacekeeping
operations, international peace enforcement operations,
monitoring missions, observer missions, or humanitarian
missions.
(c) Credit and Compensation.--The Secretary of Defense and
the Secretary of State shall detail in each annual report
required by this section all efforts made to seek credit
against past United Nations expenditures and all efforts made
to seek compensation from the United Nations for costs
incurred by the Department of Defense in implementing and
supporting United Nations activities.
(d) Form of Report.--Each annual report required by this
section shall be submitted in unclassified form, but may
include a classified annex.
On page 237, after line 17, insert the following:

SEC. 846. EXCLUSION OF CERTAIN SECURITY EXPENSES FROM
CONSIDERATION FOR PURPOSE OF SMALL BUSINESS
SIZE STANDARDS.

Section 3(a) of the Small Business Act (15 U.S.C. 632(a)),
is amended by adding at the end the following:
``(4) Exclusion of certain security expenses from
consideration for purpose of small business size standards.--
``(A) Determination required.--Not later than 30 days after
the date of enactment of this paragraph, the Administrator
shall review the application of size standards established
pursuant to paragraph (2) to small business concerns that are
performing contracts in qualified areas and determine whether
it would be fair and appropriate to exclude from
consideration in the average annual gross receipts of such
small business concerns any payments made to such small
business concerns by Federal agencies to reimburse such small
business concerns for the cost of subcontracts entered for
the sole purpose of providing security services in a
qualified area.
``(B) Action required.--Not later than 60 days after the
date of enactment of this paragraph, the Administrator shall
either--
``(i) initiate an adjustment to the size standards, as
described in subparagraph (A), if the Administrator
determines that such an adjustment would be fair and
appropriate; or
``(ii) provide a report to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives explaining in detail
the basis for the determination by the Administrator that
such an adjustment would not be fair and appropriate.
``(C) Qualified areas.--In this paragraph, the term
`qualified area' means--
``(i) Iraq,
``(ii) Afghanistan, and
``(iii) any foreign country which included a combat zone,
as that term is defined in section 112(c)(2) of the Internal
Revenue Code of 1986, at the time of performance of the
relevant Federal contract or subcontract.''.
On page 237, after line 17, insert the following:

SEC. 846. SMALL BUSINESS CONTRACTING IN OVERSEAS
PROCUREMENTS.

Section 15(g) of the Small Business Act (15 U.S.C. 644(g))
is amended by adding at the end the following:
``(3) Small business contracting in overseas
procurements.--
``(A) Statement of congressional policy.--It is the policy
of the Congress that Federal agencies shall endeavor to meet
the contracting goals established under this subsection,
regardless of the geographic area in which the contracts will
be performed.
``(B) Authorization to use contracting mechanisms.--Federal
agencies are authorized to use any of the contracting
mechanisms authorized in this Act for the purpose of
complying with the Congressional policy set forth in
subparagraph (A).
``(C) Report to congressional committees.--Not later than 1
year after the date of enactment of this paragraph, the
Administrator and the Chief Counsel for Advocacy shall submit
to the Committee on Small Business and Entrepreneurship of
the Senate and Committee on Small Business of the House of
Representatives a report on the activities undertaken by
Federal agencies, offices, and departments to carry out this
paragraph.''.
On page 237, after line 17, insert the following:

SEC. 846. FAIR ACCESS TO MULTIPLE-AWARD CONTRACTS.

Section 15(g) of the Small Business Act (15 U.S.C. 644(g))
is amended by adding at the end the following:
``(3) Fair access to multiple-award contracts.--
``(A) Statement of congressional policy.--It is the policy
of the Congress that Federal agencies shall endeavor to meet
the contracting goals established under this subsection with
regard to orders under multiple-award contracts, including
Federal Supply Schedule contracts and multi-agency contracts.
``(B) Authorization for limited competition.--The head of a
contracting agency may include in any contract entered under
section 2304a(d)(1)(B) or 2304b(e) of title 10, United States
Code, a clause setting aside a specific share of awards under
such contract pursuant to a competition that is limited to
small business concerns, if the head of the contracting
agency determines that such limitation is necessary to comply
with the congressional policy stated in subparagraph (A).
``(C) Report requirement.--
``(i) In general.--Not later than 180 days after the date
of enactment of this paragraph, the Administrator shall
submit a report on the level of participation of small
business concerns in multiple-award contracts, including
Federal Supply Schedule contracts, to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives.
``(ii) Contents.--The report required by clause (i) shall
include, for the most recent 2-year period for which data are
available--
``(I) the total number of multiple-award contracts;
``(II) the total number of small business concerns that
received multiple-award contracts;
``(III) the total number of orders under multiple-award
contracts;
``(IV) the total value of orders under multiple-award
contracts;
``(V) the number of orders received by small business
concerns under multiple-award contracts;
``(VI) the value of orders received by small business
concerns under multiple-award contracts;
``(VII) the number of small business concerns that received
orders under multiple-award contracts; and
``(VIII) such other information as may be relevant.''.
On page 218, strike line 1 and all that follows through
page 220, line 5, and insert the following:

SEC. 814. RESEARCH AND DEVELOPMENT EFFORTS FOR PURPOSES OF
SMALL BUSINESS RESEARCH.

(a) In General.--Section 9 of the Small Business Act (15
U.S.C. 638) is amended by adding at the end the following:
``(x) Research and Development Focus.--
``(1) Revision and update of criteria and procedures of
identification.--In carrying out subsection (g), the
Secretary of Defense shall, not less often than once every 4
years, revise and update the criteria and procedures utilized
to identify areas of the research and development efforts of
the Department of Defense which are suitable for the
provision of funds under the Small Business Innovation
Research Program and the Small Business Technology Transfer
Program.
``(2) Utilization of plans.--The criteria and procedures
described in paragraph (1) shall be developed through the use
of the most current versions of the following plans:
``(A) The joint warfighting science and technology plan
required under section 270 of the National Defense
Authorization Act for Fiscal Year 1997 (10 U.S.C. 2501 note).
``(B) The Defense Technology Area Plan of the Department of
Defense.
``(C) The Basic Research Plan of the Department of Defense.
``(3) Input in identification of areas of effort.--The
criteria and procedures described in paragraph (1) shall
include input in the identification of areas of research and
development efforts described in that paragraph from
Department of Defense program managers (PMs) and program
executive officers (PEOs).
``(y) Commercialization Pilot Program.--
``(1) In general.--The Secretary of Defense and the
Secretary of each military department is authorized to create
and administer a `Commercialization Pilot Program' to
accelerate the transition of technologies, products, and
services developed under the Small Business Innovation
Research Program to Phase III, including the acquisition
process.
``(2) Identification of research programs for accelerated
transition to acquisition process.--In carrying out the
Commercialization Pilot Program, the Secretary of Defense and
the Secretary of each military department shall identify
research programs of the Small Business Innovation Research
Program that have the potential for rapid transitioning to
Phase III and into the acquisition process.
``(3) Limitation.--No research program may be identified
under paragraph (2), unless the Secretary of the military
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.
``(4) Funding.--For payment of expenses incurred to
administer the Commercialization Pilot Program under this
subsection, the Secretary of Defense and each Secretary of a
military department is authorized to use not more than an
amount equal to 1 percent of the funds available to the
Department of Defense or the military department pursuant to

[[Page S11160]]

the Small Business Innovation Research Program. Such funds--
``(A) shall not be subject to the limitations on the use of
funds in subsection (f)(2); and
``(B) shall not be used to make Phase III awards.
``(5) Evaluative report.--At the end of each fiscal year,
the Secretary of Defense and each Secretary of a military
department shall submit to the Committee on Armed Services
and the Committee on Small Business and Entrepreneurship of
the Senate and the Committee on Armed Services and the
Committee on Small Business of the House of Representatives
an evaluative report regarding activities under the
Commercialization Pilot Program. The report shall include--
``(A) an accounting of the funds used in the
Commercialization Pilot Program;
``(B) a detailed description of the Commercialization Pilot
Program, including incentives and activities undertaken by
acquisition program managers, program executive officers, and
by prime contractors; and
``(C) a detailed compilation of results achieved by the
Commercialization Pilot Program, including the number of
small business concerns assisted and a number of inventions
commercialized.
``(6) Sunset.--The pilot program under this subsection
shall terminate at the end of fiscal year 2009.''.
(b) Implementation of Executive Order 13329.--Section 9 of
the Small Business Act (15 U.S.C. 638) is amended--
(1) in subsection (b)--
(A) in paragraph (6), by striking ``and'' at the end;
(B) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(8) to provide for and fully implement the tenets of
Executive Order 13329 (Encouraging Innovation in
Manufacturing).'';
(2) in subsection (g)--
(A) in paragraph (9), by striking ``and'' at the end;
(B) in paragraph (10), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(11) provide for and fully implement the tenets of
Executive Order 13329 (Encouraging Innovation in
Manufacturing).''; and
(3) in subsection (o)--
(A) in paragraph (14), by striking ``and'' at the end;
(B) in paragraph (15), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(16) provide for and fully implement the tenets of
Executive Order 13329 (Encouraging Innovation in
Manufacturing).''.
(c) Testing and Evaluation Authority.--Section 9(e) of the
Small Business Act (15 U.S.C. 638(e)) is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) the term `commercial applications' shall not be
construed to exclude testing and evaluation of products,
services, or technologies for use in technical or weapons
systems, and further, awards for testing and evaluation of
products, services, or technologies for use in technical or
weapons systems may be made in either the second or the third
phase of the Small Business Innovation Research Program and
of the Small Business Technology Transfer Program, as defined
in this subsection.''.
On page 237, after line 17, insert the following:

SEC. 846. DISASTER RELIEF FOR SMALL BUSINESS CONCERNS DAMAGED
BY DROUGHT.

(a) Drought Disaster Authority.--
(1) Definition of disaster.--Section 3(k) of the Small
Business Act (15 U.S.C. 632(k)) is amended--
(A) by inserting ``(1)'' after ``(k)''; and
(B) by adding at the end the following:
``(2) For purposes of section 7(b)(2), the term `disaster'
includes--
``(A) drought; and
``(B) below average water levels in the Great Lakes, or on
any body of water in the United States that supports commerce
by small business concerns.''.
(2) Drought disaster relief authority.--Section 7(b)(2) of
the Small Business Act (15 U.S.C. 636(b)(2)) is amended--
(A) by inserting ``(including drought), with respect to
both farm-related and nonfarm-related small business
concerns,'' before ``if the Administration''; and
(B) in subparagraph (B), by striking ``the Consolidated
Farmers Home Administration Act of 1961 (7 U.S.C. 1961)'' and
inserting the following: ``section 321 of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1961), in which
case, assistance under this paragraph may be provided to
farm-related and nonfarm-related small business concerns,
subject to the other applicable requirements of this
paragraph''.
(b) Limitation on Loans.--From funds otherwise appropriated
for loans under section 7(b) of the Small Business Act (15
U.S.C. 636(b)), not more than $9,000,000 may be used during
each of fiscal years 2005 through 2008, to provide drought
disaster loans to nonfarm-related small business concerns in
accordance with this section and the amendments made by this
section.
(c) Prompt Response to Disaster Requests.--Section
7(b)(2)(D) of the Small Business Act (15 U.S.C. 636(b)(2)(D))
is amended by striking ``Upon receipt of such certification,
the Administration may'' and inserting ``Not later than 30
days after the date of receipt of such certification by a
Governor of a State, the Administration shall respond in
writing to that Governor on its determination and the reasons
therefore, and may''.
(d) Rulemaking.--Not later than 45 days after the date of
enactment of this Act, the Administrator of the Small
Business Administration shall promulgate final rules to carry
out this section and the amendments made by this section.
On page 237, after line 17, insert the following:

SEC. 846. RADIO FREQUENCY IDENTIFIER TECHNOLOGY.

(a) Small Business Strategy.--As part of implementing its
requirement that contractors use radio frequency identifier
technology, the Secretary of Defense shall develop and
implement a strategy to educate the small business community
regarding radio frequency identifier technology requirements,
compliance, standards, and opportunities.
(b) Reporting.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense shall submit
a report to the Committee on Small Business and
Entrepreneurship and the Committee on Armed Services of the
Senate and the Committee on Small Business and the Committee
on Armed Services of the House of Representatives detailing
the status of the efforts by the Secretary of Defense to
establish requirements for radio frequency identifier
technology used in Department of Defense contracting,
including--
(A) standardization of the data required to be reported by
such technology; and
(B) standardization of the manufacturing quality required
for such technology.
(C) the status of the efforts of the Secretary of Defense
to develop and implement a strategy to educate the small
business community, as required by subsection (a)(2).
At the end of subtitle E of title VI, add the following:

SEC. 653. SERVICEMEMBERS RIGHTS UNDER THE HOUSING AND URBAN
DEVELOPMENT ACT OF 1968.

(a) In General.--Section 106(c)(5)(A)(ii) of the Housing
and Urban Development Act of 1968 (12 U.S.C.
1701x(c)(5)(A)(ii)) is amended--
(1) in subclause (II), by striking ``; and'' and inserting
a semicolon;
(2) in subclause (III), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:

``(IV) notify the homeowner by a statement or notice,
written in plain English by the Secretary of Housing and
Urban Development, in consultation with the Secretary of
Defense and the Secretary of the Treasury, explaining the
mortgage and foreclosure rights of servicemembers, and the
dependents of such servicemembers, under the Servicemembers
Civil Relief Act (50 U.S.C. App. 501 et seq.), including the
toll-free military one source number to call if
servicemembers, or the dependents of such servicemembers,
require further assistance.''.

(b) No Effect on Other Laws.--Nothing in this section shall
relieve any person of any obligation imposed by any other
Federal, State, or local law.
(c) Disclosure Form.--Not later than 150 days after the
date of enactment of this Act, the Secretary of Housing and
Urban Development shall issue a final disclosure form to
fulfill the requirement of section 106(c)(5)(A)(ii)(IV) of
the Housing and Urban Development Act of 1968 (12 U.S.C.
1701x(c)(5)(A)(ii)).
(d) Effective Date.--The amendments made under subsection
(a) shall take effect 150 days after the date of enactment of
this Act.
At the end of subtitle B of title I, add the following:

SEC. 114. SECOND SOURCE FOR PRODUCTION AND SUPPLY OF TIRES
FOR THE STRYKER COMBAT VEHICLE.

(a) Requirement.--The Secretary of the Army shall conduct a
study of the feasibility and costs and benefits for the
participation of a second source for the production and
supply of tires for the Stryker combat vehicle to be procured
by the Army with funds authorized to be appropriated in this
Act.
(b) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the results of
the study under subsection (a). The report shall include--
(1) an analysis of the capacity of the industrial base in
the United States to meet requirements for a second source
for the production and supply of tires for the Stryker combat
vehicle; and
(2) to the extent that the capacity of the industrial base
in the United States is not adequate to meet such
requirements, recommendations on means, over the short-term
and the long-term, to address that inadequacy.
At the appropriate place in title VIII, insert the
following:

SEC. __. ENSURING TRANSPARENCY IN FEDERAL CONTRACTING.

(a) Publication of Information on Federal Contractor
Penalties and Violations.--(1) The Secretary of Defense shall
maintain a publicly-available website that provides
information on instances in which major contractors have been
fined, paid penalties or restitution, settled, plead guilty
to, or had judgments entered against them in

[[Page S11161]]

connection with allegations of improper conduct. The website
shall be updated not less than once a year.
(2) For the purpose of this subsection, a major contractor
is a contractor that receives at least $100,000,000 in
Federal contracts in the most recent fiscal year for which
data are available.
(b) Report on Federal Sole Source Contracts Related to Iraq
Reconstruction.--
(1) Report required.--Not later than 120 days after the
date of the enactment of this Act, the Administrator for
Federal Procurement Policy shall submit to Congress a report
on all sole source contracts in excess of $2,000,000 entered
into by executive agencies in connection with Iraq
reconstruction from January 1, 2003, through the date of the
enactment of this Act.
(2) Content.--The report submitted under paragraph (1)
shall include the following information with respect to each
such contract:
(A) The date the contract was awarded.
(B) The contract number.
(C) The name of the contractor.
(D) The amount awarded.
(E) A brief description of the work to be performed under
the contract.
(3) Executive agency defined.--In this subsection, the term
``executive agency'' has the meaning given such term in
section 4 of the Office of Federal Procurement Policy Act (41
U.S.C. 403).
At the end of subtitle A of title VIII, add the following:

SEC. 807. GUIDANCE ON USE OF TIERED EVALUATION OF OFFERS FOR
CONTRACTS AND TASK ORDERS UNDER CONTRACTS.

(a) Guidance Required.--The Secretary of Defense shall
prescribe guidance for the military departments and the
Defense Agencies on the use of tiered evaluations of offers
or proposals of offerors for contracts and for task orders
under contracts.
(b) Elements.--The guidance prescribed under subsection (a)
shall include a prohibition on the initiation by a
contracting officer of a tiered evaluation of an offer or
proposal of an offeror for a contract or for a task or
delivery order under a contract unless the contracting
officer--
(1) has conducted market research in accordance with part
10 of the Federal Acquisition Regulation in order to
determine whether or not a sufficient number of qualified
small businesses are available to justify limiting
competition for the award of such contract or task or
delivery order under applicable law and regulations;
(2) is unable, after conducting market research under
paragraph (1), to make the determination described in that
paragraph; and
(3) includes in the contract file a written explanation why
such contracting officer was unable to make such
determination.
On page 52, between lines 5 and 6, insert the following:

SEC. 304. NAVY HUMAN RESOURCES BENEFIT CALL CENTER.

Of the amount authorized to be appropriated by section
301(2) for operation and maintenance for the Navy, $1,500,000
may be available for civilian manpower and personnel for a
human resources benefit call center.
On page 213, between lines 2 and 3, insert the following:

SEC. 807. CONGRESSIONAL NOTIFICATION OF CANCELLATION OF MAJOR
AUTOMATED INFORMATION SYSTEMS.

(a) Report Required.--The Secretary of Defense shall notify
the congressional defense committees not less than 60 days
before cancelling a major automated information system
program that has been fielded or approved to be fielded, or
making a change that will significantly reduce the scope of
such a program, of the proposed cancellation or change.
(b) Content.--Each notification submitted under subsection
(a) with respect to the proposed cancellation or change shall
include--
(1) the specific justification for the proposed change;
(2) a description of the impact of the proposed change on
the Department's ability to achieve the objectives of the
program that has been cancelled or changed;
(3) a description of the steps that the Department plans to
take to achieve such objectives; and
(4) other information relevant to the change in acquisition
strategy.
(c) Definitions.--In this section:
(1) The term ``major automated information system'' has the
meaning given that term in Department of Defense Directive
5000.
(2) The term ``approved to be fielded'' means having
received Milestone C approval.
At the end of subtitle C of title III, add the following:

SEC. 330. PROVISION OF DEPARTMENT OF DEFENSE SUPPORT FOR
CERTAIN PARALYMPIC SPORTING EVENTS.

Section 2564 of title 10, United States Code, is amended--
(1) in subsection (c) by adding at the end the following
new paragraphs:
``(4) A sporting event sanctions by the United States
Olympic Committee through the Paralympic Military Program.
``(5) A national or international Paralympic sporting event
(other than one covered by paragraph (3) or (4)) which is--
``(A) held in the United States or any of its territories
or commonwealths;
``(B) governed by the International Paralympic Committee;
``(C) sanctioned by the United States Olympic Committee;
and
``(D) for which participation exceeds 100 amateur
athletes.''; and
(2) in subsection (d)--
(A) by inserting ``(1)'' before ``The Secretary''; and
(B) by adding at the end the following new paragraph:
``(2) Not more than $1,000,000 may be expended in any
fiscal year to provide support for events specified under
paragraph (5) of subsection (c).''.
On page 292, between lines 15 and 16, insert the following:

SEC. 1106. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER
OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A-76.

(a) Eligibility to Protest.--(1) Section 3551(2) of title
31, United States Code, is amended to read as follows:
``(2) The term `interested party'--
``(A) with respect to a contract or a solicitation or other
request for offers described in paragraph (1), means an
actual or prospective bidder or offeror whose direct economic
interest would be affected by the award of the contract or by
failure to award the contract; and
``(B) with respect to a public-private competition
conducted under Office of Management and Budget Circular A-76
regarding performance of an activity or function of a Federal
agency, includes--
``(i) any official who submitted the agency tender in such
competition; and
``(ii) any one person who, for the purpose of representing
them in a protest under this subchapter that relates to such
competition, has been designated as their agent by a majority
of the employees of such Federal agency who are engaged in
the performance of such activity or function.''.
(2)(A) Subchapter V of chapter 35 of such title is amended
by adding at the end the following new section:

``Sec. 3557. Expedited action in protests for Public-Private
competitions

``For protests in cases of public-private competitions
conducted under Office of Management and Budget Circular A-76
regarding performance of an activity or function of Federal
agencies, the Comptroller General shall administer the
provisions of this subchapter in a manner best suited for
expediting final resolution of such protests and final action
in such competitions.''.
(B) The chapter analysis at the beginning of such chapter
is amended by inserting after the item relating to section
3556 the following new item:

``3557. Expedited action in protests for public-private
competitions.''.

(b) Right to Intervene in Civil Action.--Section 1491(b) of
title 28, United States Code, is amended by adding at the end
the following new paragraph:
``(5) If a private sector interested party commences an
action described in paragraph (1) in the case of a public-
private competition conducted under Office of Management and
Budget Circular A-76 regarding performance of an activity or
function of a Federal agency, then an official or person
described in section 3551(2)(B) of title 31 shall be entitled
to intervene in that action.''.
(c) Applicability.--Subparagraph (B) of section 3551(2) of
title 31, United States Code (as added by subsection (a)),
and paragraph (5) of section 1491(b) of title 28, United
States Code (as added by subsection (b)), shall apply to--
(1) protests and civil actions that challenge final
selections of sources of performance of an activity or
function of a Federal agency that are made pursuant to
studies initiated under Office of Management and Budget
Circular A-76 on or after January 1, 2004; and
(2) any other protests and civil actions that relate to
public-private competitions initiated under Office of
Management and Budget Circular A-76 on or after the date of
the enactment of this Act.
On page 213, between lines 2 and 3, insert the following:

SEC. 807. PUBLIC-PRIVATE COMPETITION FOR WORK PERFORMED BY
CIVILIAN EMPLOYEES OF THE DEPARTMENT OF
DEFENSE.

(a) Limitation.--Section 2461(b) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(5)(A) Notwithstanding subsection (d), a function of the
Department of Defense performed by 10 or more civilian
employees may not be converted, in whole or in part, to
performance by a contractor unless the conversion is based on
the results of a public-private competition process that--
``(i) formally compares the cost of civilian employee
performance of that function with the costs of performance by
a contractor;
``(ii) creates an agency tender, including a most efficient
organization plan, in accordance with Office of Management
and Budget Circular A-76, as implemented on May 29, 2003; and
``(iii) requires continued performance of the function by
civilian employees unless the competitive sourcing official
concerned determines that, over all performance periods
stated in the solicitation of offers for performance of the
activity or function, the cost of performance of the activity
or function by a contractor would be less costly to the
Department of Defense by an amount that equals or exceeds the
lesser of $10,000,000 or 10 percent of the most efficient
organization's personnel-related costs for performance of
that activity or function by Federal employees.

[[Page S11162]]

``(B) Any function that is performed by civilian employees
of the Department of Defense and is proposed to be
reengineered, reorganized, modernized, upgraded, expanded, or
changed in order to become more efficient shall not be
considered a new requirement for the purpose of the
competition requirements in subparagraph (A) or the
requirements for public-private competition in Office of
Management and Budget Circular A-76.
``(C) A function performed by more than 10 Federal
Government employees may not be separated into separate
functions for the purposes of avoiding the competition
requirement in subparagraph (A) or the requirements for
public-private competition in Office of Management and Budget
Circular A-76.
``(D) The Secretary of Defense may waive the requirement
for a public-private competition under subparagraph (A) in
specific instances if--
``(i) the written waiver is prepared by the Secretary of
Defense or the relevant Assistant Secretary of Defense,
Secretary of a military department, or head of a Defense
Agency;
``(ii) the written waiver is accompanied by a detailed
determination that national security interests preclude
compliance with the requirement for a public-private
competition; and
``(iii) a copy of the waiver is published in the Federal
Register within 10 working days after the date on which the
waiver is granted, although use of the waiver need not be
delayed until its publication.''.
(b) Inapplicability to Best-Value Source Selection Pilot
Program.--Paragraph (5) of section 2461(b) of title 10,
United States Code, as added by subsection (a), shall not
apply with respect to the pilot program for best-value source
selection for performance of information technology services
authorized by section 336 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136;
117 Stat. 1444; 10 U.S.C. 2461 note).
(c) Repeal of Superseded Law.--Section 327 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 10 U.S.C. 2461 note) is repealed.

SEC. 808. PERFORMANCE OF CERTAIN WORK BY FEDERAL GOVERNMENT
EMPLOYEES.

(a) Guidelines.--
(1) In general.--The Secretary of Defense shall prescribe
guidelines and procedures for ensuring that consideration is
given to using Federal Government employees on a regular
basis for work that is performed under Department of Defense
contracts and could be performed by Federal Government
employees.
(2) Criteria.--The guidelines and procedures prescribed
under paragraph (1) shall provide for special consideration
to be given to contracts that--
(A) have been performed by Federal Government employees at
any time on or after October 1, 1980;
(B) are associated with the performance of inherently
governmental functions;
(C) were not awarded on a competitive basis; or
(D) have been determined by a contracting officer to be
poorly performed due to excessive costs or inferior quality.
(b) New Requirements.--
(1) Limitation on requiring public-private competition.--No
public-private competition may be required under Office of
Management and Budget Circular A-76 or any other provision of
law or regulation before the performance of a new requirement
by Federal Government employees commences, the performance by
Federal Government employees of work pursuant to subsection
(a) commences, or the scope of an existing activity performed
by Federal Government employees is expanded. Office of
Management and Budget Circular A-76 shall be revised to
ensure that the heads of all Federal agencies give fair
consideration to the performance of new requirements by
Federal Government employees.
(2) consideration of federal government employees.--The
Secretary of Defense shall, to the maximum extent
practicable, ensure that Federal Government employees are
fairly considered for the performance of new requirements,
with special consideration given to new requirements that
include functions that--
(A) are similar to functions that have been performed by
Federal Government employees at any time on or after October
1, 1980; or
(B) are associated with the performance of inherently
governmental functions.
(c) Use of Flexible Hiring Authority.--The Secretary shall
include the use of the flexible hiring authority available
through the National Security Personnel System in order to
facilitate performance by Federal Government employees of new
requirements and work that is performed under Department of
Defense contracts.
(d) Inspector General Report.--Not later than 180 days
after the enactment of this Act, the Inspector General of the
Department of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the compliance of the Secretary of Defense with the
requirements of this section.
(e) Definitions.--In this section:
(1) The term ``National Security Personnel System'' means
the human resources management system established under the
authority of section 9902 of title 5, United States Code.
(2) The term ``inherently governmental function'' has the
meaning given that term in section 5 of the Federal
Activities Inventory Reform Act of 1998 (Public Law 105-270;
112 Stat. 2384; 31 U.S.C. 501 note).
At the end of subtitle A of title VIII, add the following:

SEC. 807. CONTRACTING FOR PROCUREMENT OF CERTAIN SUPPLIES AND
SERVICES.

(a) Modification of Limitation on Conversion to Contractor
Performance.--Section 8014(a)(3) of the Department of Defense
Appropriations Act, 2005 (Public law 108-287; 118 Stat. 972)
is amended--
(1) in subparagraph (A), by inserting ``, payment that
could be used in lieu of such a plan, health savings account,
or medical savings account'' after ``health insurance plan'';
and
(2) in subparagraph (B), by striking ``that requires'' and
all that follows through the end and inserting ``that does
not comply with the requirements of any Federal law governing
the provision of health care benefits by Government
contractors that would be applicable if the contractor
performed the activity or function under the contract.''.
At the appropriate place in title V, insert the following:

SEC. __. PARTICIPATION OF MEMBERS OF THE ARMED FORCES IN THE
PARALYMPIC GAMES.

Section 717(a)(1) of title 10, United States Code, is
amended by striking ``and Olympic Games'' and inserting ``,
Olympic Games, and Paralympic Games,''.
On page 371, between lines 8 and 9, insert the following:

SEC. 2887. REPORT ON USE OF GROUND SOURCE HEAT PUMPS AT
DEPARTMENT OF DEFENSE FACILITIES.

(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on the use of ground source heat pumps at Department of
Defense facilities.
(b) Content.--The report required under subsection (a)
shall include--
(1) a description of the types of Department of Defense
facilities that use ground source heat pumps;
(2) an assessment of the applicability and cost-
effectiveness of the use of ground source heat pumps at
Department of Defense facilities in different geographic
regions of the United States;
(3) a description of the relative applicability of ground
source heat pumps for purposes of new construction at, and
retrofitting of, Department of Defense facilities; and
(4) recommendations for facilitating and encouraging the
increased use of ground source heat pumps at Department of
Defense facilities.
______