National Defense Authorization Act for Fiscal Year 2006

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1042 Public Print (PP)]

November 15, 2005

Ordered to be printed as passed

109th CONGRESS
1st Session
S. 1042

_______________________________________________________________________

AN ACT

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

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 2006''.

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

(a) Divisions.--This Act is organized into three divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. UH-60 Black Hawk helicopter procurement in response to
attrition.
Subtitle B--Army Programs

Sec. 111. Multiyear procurement authority for AH-64D Apache attack
helicopter block II conversions.
Sec. 112. Multiyear procurement authority for modernized target
acquisition designation/pilot night vision
sensors for AH-64D Apache attack
helicopters.
Sec. 113. Multiyear procurement authority for utility helicopters.
Sec. 114. Telemedicine and Advanced Technology Research Center.
Sec. 115. Towed array handler.
Sec. 116. Second source for production and supply of tires for the
Stryker combat vehicle.
Subtitle C--Navy Programs

Sec. 121. Prohibition on acquisition of next generation destroyer
(DD(X)) through a single naval shipyard.
Sec. 122. Split funding authorization for CVN-78 aircraft carrier.
Sec. 123. LHA replacement (LHA(R)) ship.
Sec. 124. Refueling and complex overhaul of the U.S.S. Carl Vinson.
Sec. 125. Rapid intravenous infusion pump.
Subtitle D--Air Force Programs

Sec. 131. C-17 Aircraft Program and Inter-Theater Airlift Requirements.
Sec. 132. Prohibition on retirement of KC-135E aircraft.
Sec. 133. Use of Tanker Replacement Transfer Fund for modernization of
aerial refueling tankers.
Sec. 134. Prohibition on retirement of F-117 aircraft.
Sec. 135. Prohibition on retirement of C-130E/H tactical airlift
aircraft.
Sec. 136. Procurement of C-130J/KC-130J aircraft after fiscal year
2005.
Sec. 137. Aircraft for performance of aeromedical evacuations.
Sec. 138.  C-37B aircraft.
Subtitle E--Defense-Wide Programs

Sec. 151. Advanced SEAL Delivery System.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Amount for science and technology.
Sec. 203. Funding for research and technology transition for high-
brightness electron source program.
Sec. 204. Funding for development of distributed generation
technologies.
Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Contract for the procurement of the Future Combat System
(FCS).
Sec. 212. Joint field experiment on stability and support operations.
Sec. 213. Chemical demilitarization facilities.
Sec. 214. Aging Military Aircraft Fleet Support.
Sec. 215. Warhead/Grenade Scientific Based Manufacturing Technology.
Sec. 216. Joint Service Small Arms Program.
Sec. 217. Field programmable gate array.
Sec. 218. Long Wavelength Array low frequency radio astronomy
instruments.
Sec. 219. Defense basic research programs.
Sec. 219A. Project Sheriff.
Sec. 219B. Medium Tactical Vehicle Modifications.
Subtitle C--Missile Defense Programs

Sec. 221. One-year extension of Comptroller General assessments of
Ballistic Missile Defense programs.
Sec. 222. Fielding of ballistic missile defense capabilities.
Sec. 223. Plans for test and evaluation of operational capability of
the Ballistic Missile Defense System.
Sec. 224. Arrow Ballistic Missile Defense system.
Subtitle D--High-Performance Defense Manufacturing Technology Research
and Development

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

Sec. 241. Expansion of eligibility for leadership of Department of
Defense Test Resource Management Center.
Sec. 242. Technology transition.
Sec. 243. Prevention, mitigation, and treatment of blast injuries.
Sec. 244. Modification of requirements for reports on program to award
prizes for advanced technology
achievements.
Sec. 245. Designation of facilities and resources constituting the
major range and test facility base.
Sec. 246. Report on cooperation between the Department of Defense and
the National Aeronautics and Space
Administration on Research, Development,
Test, and Evaluation Activities.
Sec. 247. Delayed effective date for limitation on procurement of
systems not GPS-Equipped.
Sec. 248. Report on development and use of robotics and unmanned ground
vehicle systems.
TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Sec. 304. Navy human resources benefit call center.
Subtitle B--Environmental Provisions

Sec. 311. Elimination and simplification of certain items required in
the annual report on environmental quality
programs and other environmental
activities.
Sec. 312. Payment of certain private cleanup costs in connection with
the Defense Environmental Restoration
Program.
Subtitle C--Other Matters

Sec. 321. Aircraft carriers.
Sec. 322. Limitation on transition of funding for East Coast shipyards
from funding through Navy Working Capital
Fund to direct funding.
Sec. 323. Use of funds from National Defense Sealift Fund to exercise
purchase options on maritime prepositioning
ship vessels.
Sec. 324. Purchase and destruction of weapons overseas.
Sec. 325. Increase in maximum contract amount for procurement of
supplies and services from exchange stores
outside the United States.
Sec. 326. Extension of authority to provide logistics support and
services for weapon systems contractors.
Sec. 327. Army training strategy.
Sec. 328. Limitation on financial management improvement and audit
initiatives within the Department of
Defense.
Sec. 329. Study on use of ethanol fuel.
Sec. 330. Modification of authority of Army working-capital funded
facilities to engage in cooperative
activities with non-Army entities.
Sec. 331. Sense of the Senate regarding Depot Maintenance.
Sec. 332. Child and family assistance benefits for members of the Armed
Forces.
Sec. 333. Reimbursement for certain protective, safety, or health
equipment purchased by or for members of
the Armed Forces for deployment in
operations in Iraq and Central Asia.
Sec. 334. Welfare of special category residents at Naval Station
Guantanamo Bay, Cuba.
Sec. 335. Point of Maintenance/Arsenal/Depot AIT Initiative.
Sec. 336. Long Arm High-Intensity ARC Metal Halide Handheld
Searchlight.
Sec. 337. Report on aircraft to perform high-altitude aviation training
site.
Sec. 338. Department of Defense support for certain paralympic sporting
events.
Sec. 339. Supervision and management of Defense Business Transformation
Agency.
Sec. 340. Armament retooling and manufacturing support initiative
matters.
Sec. 341. Grants for local workforce investment boards for services for
certain spouses of members of the Armed
Forces.
Sec. 342. Rest and recuperation leave programs.
Sec. 343. Improvement of authorities on general gift funds of the
Department of Defense.
Sec. 344. Commemoration of sucess of the Armed Forces in Operation
Enduring Freedom and Operation Iraqi
Freedom.
Sec. 345. Inclusion of packet based telephony in Department of Defense
telecommunications benefit.
Sec. 346. Report on effects of windmill farms on military readiness.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision of permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces

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

Sec. 421. Authorization of appropriations for military personnel.
Sec. 422. Armed Forces Retirement Home.
TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

Sec. 501. Exclusion of general and flag officers on leave pending
separation or retirement from computation
of active duty officers for general and
flag officer distribution and strength
limitations.
Sec. 502. Expansion of joint duty assignments for reserve component
general and flag officers.
Sec. 503. Deadline for receipt by promotion selection boards of
correspondence from eligible officers.
Sec. 504. Furnishing to promotion selection boards of adverse
information on officers eligible for
promotion to certain senior grades.
Sec. 505. Grades of the Judge Advocates General.
Sec. 506. Temporary extension of authority to reduce minimum length of
commissioned service for voluntary
retirement as an officer.
Sec. 507. Modification of strength in grade limitations applicable to
reserve flag officers in active status.
Sec. 508. Uniform authority for deferment of separation of reserve
general and flag officers for age.
Sec. 509. Applicability of officer distribution and strength
limitations to officers serving in
intelligence community positions.
Subtitle B--Enlisted Personnel Policy

Sec. 521. Uniform citizenship or residency requirements for enlistment
in the Armed Forces.
Sec. 522. Recruitment and enlistment of home schooled students in the
Armed Forces.
Sec. 523. Report on information on stop loss authorities given to
enlistees in the Armed Forces.
Subtitle C--Reserve Component Personnel Matters

Sec. 531. Requirements for physical examinations and medical and dental
readiness for members of the Selected
Reserve not on active duty.
Sec. 532. Repeal of limitation on amount of financial assistance under
Reserve Officers' Training Corps
scholarship program.
Sec. 533. Procedures for suspending financial assistance and
subsistence allowance for senior ROTC
cadets and midshipmen on the basis of
health-related conditions.
Sec. 534. Increase in maximum number of Army Reserve and Army National
Guard cadets under Reserve Officers'
Training Corps.
Sec. 535. Modification of educational assistance for Reserves
supporting contingency and other
operations.
Sec. 536. Repeal of limitation on authority to redesignate the Naval
Reserve as the Navy Reserve.
Sec. 537. Performance by reserve component personnel of operational
test and evaluation and training relating
to new equipment.
Sec. 538. Pilot program on enhanced quality of life for members of the
Army Reserve and their families.
Sec. 539. Commencement of receipt of non-regular service retired pay by
members of the Ready Reserve on active
Federal status or active duty for
significant periods.
Sec. 540. Defense Science Board study on deployment of members of the
National Guard and Reserves in the global
war on terrorism.
Sec. 541. Eligibility of United States Nationals for appointment to the
Senior Reserve Officers' Training Corps.
Sec. 542. Promotion of foreign language skills among members of the
Reserve Officers' Training Corps.
Sec. 543. Sense of Senate on certain matters relating to the National
Guard and Reserves.
Subtitle D--Military Justice and Related Matters

Sec. 551. Modification of periods of prosecution by courts-martial for
murder, rape, and child abuse.
Sec. 552. Establishment of offense of stalking.
Sec. 553. Clarification of authority of military legal assistance
counsel.
Sec. 554. Administrative censures of members of the Armed Forces.
Sec. 555. Reports by officers and senior enlisted personnel of matters
relating to violations or alleged
violations of criminal law.
Sec. 556. Sense of Senate on applicability of Uniform Code of Military
Justice to reserves on inactive-duty
training overseas.
Subtitle E--Military Service Academies

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

Sec. 571. Clarification of leave accrual for members assigned to a
deployable ship or mobile unit or other
duty.
Sec. 572. Limitation on conversion of military medical and dental
billets to civilian positions.
Sec. 573. Uniform policy on parental leave and similar leave.
Sec. 574. Mental health screenings of members of the Armed Forces for
post traumatic stress disorder and other
mental health conditions.
Sec. 575. Sense of the Senate on notice to Congress of recognition of
members of the Armed Forces for
extraordinary acts of bravery, heroism, and
achievement.
Sec. 576. National Call to Service program.
Sec. 577. Designation of Ike Selton Early Commissioning Program
Scholarships.
Subtitle G--Defense Dependents Education Matters

Sec. 581. Expansion of authorized enrollment in Department of Defense
dependents schools overseas.
Sec. 582. Assistance to local educational agencies with significant
enrollment increases in military dependent
students due to troop relocations, creation
of new units, and realignments under BRAC.
Sec. 583. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces
and Department of Defense civilian
employees.
Sec. 584. Impact aid for children with severe disabilities.
Sec. 585. Pilot projects on pediatric early literacy among children of
members of the Armed Forces.
Subtitle H--Other Matters

Sec. 591. Policy and procedures on casualty assistance to survivors of
military decedents.
Sec. 592. Modification and enhancement of mission and authorities of
the Naval Postgraduate School.
Sec. 593. Expansion and enhancement of authority to present recognition
items for recruitment and retention
purposes.
Sec. 594. Requirement for regulations on policies and procedures on
personal commercial solicitations on
Department of Defense installations.
Sec. 595. Federal assistance for State programs under the National
Guard Youth Challenge Program.
Sec. 596. Authority for national defense university award of degree of
master of science in joint campaign
planning and strategy.
Sec. 597. Clarification of certain authorities relating to the
Commission on the National Guard and
Reserves.
Sec. 598. Consumer education for members of the Armed Forces and their
spouses on insurance and other financial
services.
Sec. 599. Report on predatory lending practices directed at members of
the Armed Forces and their dependents.
Sec. 599A. Participation of members of the Armed Forces in the
Paralympic Games.
Sec. 599B. Modification of eligibility for position of President of the
Naval Postgraduate School.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Sec. 601. Eligibility for additional pay of permanent military
professors at the United States Naval
Academy with over 36 years of service.
Sec. 602. Enhanced authority for agency contributions for members of
the Armed Forces participating in the
Thrift Savings Plan.
Sec. 603. Permanent authority for supplemental subsistence allowance
for low-income members with dependents.
Sec. 604. Modification of pay considered as saved pay upon appointment
of an enlisted member as an officer.
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.
Sec. 606. Basic allowance for housing for Reserve Members.
Sec. 607. Income replacement payments for Reserves experiencing
extended and frequent mobilization for
active duty service.
Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for certain health care
professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of other bonus and special pay
authorities.
Sec. 615. Payment and repayment of assignment incentive pay.
Sec. 616. Increase in amount of selective reenlistment bonus for
certain senior supervisory nuclear
qualified enlisted personnel.
Sec. 617. Consolidation and modification of bonuses for affiliation or
enlistment in the Selected Reserve.
Sec. 618. Expansion and enhancement of special pay for enlisted members
of the Selected Reserve assigned to certain
high priority units.
Sec. 619. Retention incentive and assignment bonus for members of the
Selected Reserve qualified in a critical
military skill or who volunteer for
assignment to a high priority unit.
Sec. 620. Termination of limitation on duration of payment of imminent
danger special pay during hospitalization.
Sec. 621. Authority for retroactive payment of imminent danger special
pay.
Sec. 622. Authority to pay foreign language proficiency pay to members
on active duty as a bonus.
Sec. 623. Incentive bonus for transfer between the Armed Forces.
Sec. 624. Eligibility of oral and maxillofacial surgeons for incentive
special pay for medical officers of the
Armed Forces.
Subtitle C--Travel and Transportation Allowances

Sec. 631. Transportation of family members in connection with the
repatriation of servicemembers or civilian
employees held captive.
Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Enhancement of death gratuity and enhancement of life
insurance benefits for certain combat
related deaths.
Sec. 642. Improvement of Management of Armed Forces Retirement Home.
Sec. 643. Repeal of requirement of reduction of SBP Survivor Annuities
by Dependency and Indemnity Compensation.
Sec. 644. Effective date for paid-up coverage under Survivor Benefit
Plan.
Sec. 645. Inclusion of veterans with service-connected disabilities
rated as total by reason of unemployability
under termination of phase-in of concurrent
receipt of retired pay and veterans'
disability compensation.
Subtitle E--Other Matters

Sec. 651. Payment of expenses of members of the Armed Forces to obtain
professional credentials.
Sec. 652. Pilot program on contributions to Thrift Savings Plan for
initial enlistees in the Armed Forces.
Sec. 653. Extension of effective date.
Sec. 654. Outreach to members of the Armed Forces and their dependents
on the Servicemembers Civil Relief Act.
Subtitle F--Enhancement of Authorities for Recruitment and Retention

Sec. 671. Increase in maximum rate of assignment incentive pay.
Sec. 672. Temporary increase in basic allowance for housing in areas
subject to declaration of a major disaster.
Sec. 673. Temporary authority for incentives for recruitment of
military personnel.
Sec. 674. Pay and benefits to facilitate voluntary separation of
targeted members of the Armed Forces.
Sec. 675. Education loan repayment program for chaplains in the
Selected Reserve.
Sec. 676. Servicemembers rights under the Housing and Urban Development
Act of 1968.
Sec. 677. Extension of eligibility for SSI for certain individuals in
families that include members of the
Reserve and National Guard.
Sec. 678. Denial of certain burial-related benefits for individuals who
committed a capital offense.
Sec. 679. Veterans preference eligibility for military reservists.
TITLE VII--HEALTH CARE

Subtitle A--Benefits Matters

Sec. 701. Clarification of eligibility of Reserve officers for health
care pending active duty following issuance
of orders to active duty.
Sec. 702. Limitation on deductible and copayment requirements for
nursing home residents under the pharmacy
benefits program.
Sec. 703. Eligibility of surviving active duty spouses of deceased
members for enrollment as dependents in a
TRICARE dental plan.
Sec. 704. Increased period of continued TRICARE Prime coverage of
children of members of the uniformed
services who die while serving on active
duty for a period of more than 30 days.
Sec. 705. Expanded eligibility of members of the Selected Reserve under
the TRICARE program.
Subtitle B--Planning, Programming, and Management

Sec. 711. TRICARE Standard coordinators in TRICARE regional offices.
Sec. 712. Report on delivery of health care benefits through military
health care system.
Sec. 713. Comptroller General report on differential payments to
children's hospitals for health care for
children dependents under TRICARE.
Sec. 714. Repeal of requirement for Comptroller General reviews of
certain Department of Defense-Department of
Veterans Affairs projects on sharing of
health care resources.
Sec. 715. Surveys on TRICARE Standard.
Sec. 716. Modification of health care quality information and
technology enhancement report requirements.
Sec. 717. Modification of authorities relating to patient care
reporting and management system.
Sec. 718. Qualifications for individuals serving as TRICARE Regional
Directors.
Sec. 719. Report on the Department of Defense Composite Health Care
System II.
Sec. 720. Response to medical needs arising from mandatory military
vaccinations.
Sec. 721. Mental health counselors under TRICARE.
Sec. 722. Pandemic avian flu preparedness.
Sec. 723. Comptroller General report on expanded partnership between
the Department of Defense and the
Department of Veterans Affairs on the
provision of health care services.
Sec. 724. Study and report on civilian and military partnership
project.
Subtitle C--Other Matters

Sec. 731. Report on adverse health events associated with use of anti-
malarial drugs.
Sec. 732. Pilot projects on early diagnosis and treatment of post
traumatic stress disorder and other mental
health conditions.
Sec. 733. Department of Defense task force on mental health.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS

Subtitle A--Acquisition Policy and Management

Sec. 801. Internal controls for procurements on behalf of the
Department of Defense.
Sec. 802. Contract Support Acquisition Centers.
Sec. 803. Authority to enter into acquisition and cross-servicing
agreements with regional organizations of
which the United States is not a member.
Sec. 804. Requirement for authorization for procurement of major weapon
systems as commercial items.
Sec. 805. Report on service surcharges for purchases made for military
departments through other Department of
Defense agencies.
Sec. 806. Review of defense acquisition structures.
Sec. 807. Reports on significant increases in program acquisition unit
costs or procurement unit costs of major
defense acquisition programs.
Sec. 808. Modification of requirements applicable to contracts
authorized by law for certain military
materiel.
Sec. 809. Requirement for analysis of alternatives for major defense
acquisition programs.
Sec. 809A. Report on use of lead system integrators in the acquisition
of major systems.
Sec. 809B. Acquisition strategy for commercial satellite communication
services.
Sec. 809C. Guidance on use of tiered evaluation of offers for contracts
and task orders under contracts.
Sec. 809D. Congressional notification of cancellation of major
automated information systems.
Sec. 809E. Temporary inapplicability of Berry amendment to procurements
of specialty metals used to produce force
protection equipment.
Sec. 809F. Public-private competition for work performed by civilian
employees of the Department of Defense.
Sec. 809G. Performance of certain work by Federal Government employees.
Sec. 809H. Contracting for procurement of certain supplies and
services.
Sec. 809I. Modification and extension of pilot program on share-in-
savings contracts.
Sec. 809J. Sense of Senate on applicability of competition exceptions
to eligibility of National Guard for
financial assistance for performance of
additional duties.
Subtitle B--Defense Industrial Base Matters

Sec. 811. Clarification of exception from Buy American requirements for
procurement of perishable food for
establishments outside the United States.
Sec. 812. Conditional waiver of domestic source or content requirements
for certain countries with reciprocal
defense procurement agreements with the
United States.
Sec. 813. Consistency with United States obligations under trade
agreements.
Sec. 814. Research and development efforts for purposes of Small
Business Research.
Subtitle C--Defense Contractor Matters

Sec. 821. Requirements for defense contractors relating to certain
former Department of Defense officials.
Sec. 822. Review of certain contractor ethics matters.
Sec. 823. Contract fraud risk assessment.
Sec. 824. Reports on certain defense contracts in Iraq and Afghanistan.
Subtitle D--Defense Acquisition Workforce Matters

Sec. 831. Availability of funds in Acquisition Workforce Training Fund
for defense acquisition workforce
improvements.
Sec. 832. Limitation and reinvestment authority relating to reduction
of the defense acquisition and support
workforce.
Sec. 833. Technical amendments relating to defense acquisition
workforce improvements.
Sec. 834. Training for defense acquisition workforce on the
requirements of the Berry amendment.
Subtitle E--Other Matters

Sec. 841. Extension of contract goal for small disadvantaged business
and certain institutions of higher
education.
Sec. 842. Codification and modification of limitation on modification
of military equipment within five years of
retirement or disposal.
Sec. 843. Clarification of rapid acquisition authority to respond to
combat emergencies.
Sec. 844. Modification of authority to carry out certain prototype
projects.
Sec. 845. Extension of certain authorities on contracting with
employers of persons with disabilities.
Sec. 846. Pilot program on expanded public-private partnerships for
research and development.
Sec. 847. Increased limit applicable to assistance provided under
certain procurement technical assistance
programs.
Sec. 848. Reports of advisory panel on laws and regulations on
acquisition practices.
Sec. 849. Exclusion of certain security expenses from consideration for
purpose of small business size standards.
Sec. 850. Small business contracting in overseas procurements.
Sec. 851. Fair access to multiple-award contracts.
Sec. 852. Disaster relief for small business concerns damaged by
drought.
Sec. 853. Radio frequency identifier technology.
Sec. 854 Ensuring transparency in Federal contracting.
Sec. 855. Termination of program.
Sec. 856. Modification of limited acquisition authority for the
Commander of the United States Joint Forces
Command.
Sec. 857 Contracting incentive for small power plants on former
Military Bases.
Sec. 858. Extension of annual reports on maturity of technology at
initiation of Major Defense Acquision
Programs.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

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

Sec. 901. Directors of Small Business Programs.
Sec. 902. Executive agent for acquisition of capabilities to defend the
homeland against cruise missiles and other
low-altitude aircraft.
Sec. 903. Provision of audiovisual support services by the White House
Communications Agency.
Sec. 904. American Forces Network.
Sec. 905. Report on establishment of a Deputy Secretary of Defense for
Management.
Sec. 906. Redesignation of the Naval Reserve as the Navy Reserve.
Sec. 907. Responsibility of the Joint Chiefs of Staff as military
advisers to the Homeland Security Council.
Subtitle B--Space Activities

Sec. 911. Advisory committee on Department of Defense requirements for
space control.
Subtitle C--Other Matters

Sec. 921. Acceptance of gifts and donations for Department of Defense
regional centers for security studies.
Sec. 922. Operational files of the Defense Intelligence Agency.
Sec. 923. Prohibition on implementation of certain orders and guidance
on functions and duties of the General
Counsel and the Judge Advocate General of
the Air Force.
Sec. 924. United States Military Cancer Institute.
Sec. 925. Authority for United States Air Force Institute of Technology
to receive faculty research grants for
certain purposes.
TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of Classified Annex.
Sec. 1003. United States contribution to NATO common-funded budgets in
fiscal year 2006.
Sec. 1004. Reduction in certain authorizations due to savings relating
to lower inflation.
Sec. 1005. Authorization of supplemental appropriations for fiscal year
2005.
Sec. 1006. Increase in fiscal year 2005 transfer authority.
Sec. 1007. Monthly disbursement to States of State income tax
voluntarily withheld from retired or
retainer pay.
Sec. 1008. Authorization of emergency supplemental appropriations for
the Department of Defense.
Subtitle B--Naval Vessels and Shipyards

Sec. 1021. Transfer of battleships.
Sec. 1022. Conveyance of Navy drydock, Jacksonville, Florida.
Subtitle C--Counterdrug Matters

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

Sec. 1041. Modification of frequency of submittal of Joint Warfighting
Science and Technology Plan.
Sec. 1042. Review and assessment of Defense Base Act insurance.
Sec. 1043. Comptroller General report on corrosion prevention and
mitigation programs of the Department of
Defense.
Sec. 1044. Report on Department of Defense response to findings and
recommendations of Defense Science Board
Task Force on High Performance Microchip
Supply.
Sec. 1045. Report on use of space radar for topographical mapping for
scientific and civil purposes.
Sec. 1046 Pilot project for Civilian Linguist Reserve Corps.
Sec. 1047. Report on alleged clandestine detention facilities for
individuals captured in the Global War on
Terrorism.
Sec. 1048. Records of civilian casualties in Afghanistan and Iraq.
Sec. 1049. Annual reports on budgeting relating to key military
equipment.
Sec. 1049A. Quarterly reports on war strategy in Iraq.
Subtitle E--Technical Amendments

Sec. 1051. Technical amendments relating to certain provisions of
environmental defense laws.
Subtitle F--Military Mail Matters

Sec. 1061. Safe delivery of mail in the military mail system.
Sec. 1062. Delivery of mail addressed to any service member.
Subtitle G--Other Matters

Sec. 1071. Policy on role of military medical and behavioral science
personnel in interrogation of detainees.
Sec. 1072. Improvements of Internal Security Act of 1950.
Sec. 1073. Support for youth organizations.
Sec. 1074. Uniform standards for the interrogation of persons under the
detention of the Department of Defense.
Sec. 1075. Prohibition on cruel, inhuman, or degrading treatment or
punishment of persons under custody or
control of the United States Government.
Sec. 1076. Policy of the United States on the intercontinental
ballistic missile force.
Sec. 1077. Grant of Federal charter to Korean War Veterans Association,
Incorporated.
Sec. 1078. Establishment of the USS Oklahoma Memorial.
Sec. 1079. Prayer at military service academy activities.
Sec. 1080. Riot control agents.
Sec. 1081. Drug trafficking deterrence.
Sec. 1082. Establishment of National Foreign Language Coordination
Council.
Sec. 1083. Retention of reimbursement for provision of reciprocal fire
protection services.
Sec. 1084. Expansion of emergency services under reciprocal agreements.
Sec. 1085. Renewal of moratorium on return of veterans memorial objects
to foreign nations without specific
authorization in law.
Sec. 1086. Sense of the Senate regarding manned space flight.
Sec. 1087. Annual report on costs to carry out United Nations
resolutions.
Sec. 1088. Sense of Senate on aeronautics research and development.
Sec. 1089. Report on claims related to the bombing of the LaBelle
Discotheque.
Sec. 1090. Coal-to-liquid fuel development plan.
Sec. 1091. Sense of Senate on Common Remotely Operated Weapons Station
(CROWS) platform.
Sec. 1092. Review of status of detainees.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY

Sec. 1101. Extension of authority for voluntary separations in
reductions in force.
Sec. 1102. Compensatory time off for nonappropriated fund employees of
the Department of Defense.
Sec. 1103. Extension of authority to pay severance payments in lump
sums.
Sec. 1104. Continuation of Federal Employee Health Benefits Program
eligibility.
Sec. 1105. Permanent and enhanced authority for Science, Mathematics,
and Research for Transformation (SMART)
defense education program.
Sec. 1106. Strategic human capital plan for civilian employees of the
Department of Defense.
Sec. 1107. Increase in authorized number of Defense Intelligence Senior
Executive Service employees.
Sec. 1108. Comptroller General study on features of successful
personnel management systems of highly
technical and scientific workforces.
Sec. 1109. Bid Protests by Federal employees in actions under Office of
Management and Budget Circular A-76.
TITLE XII--MATTERS RELATING TO OTHER NATIONS

Sec. 1201. Commanders' Emergency Response Program.
Sec. 1202. Enhancement and expansion of authority to provide
humanitarian and civic assistance.
Sec. 1203. Modification of geographic limitation on payment of
personnel expenses under bilateral or
regional cooperation programs.
Sec. 1204. Payment of travel expenses of coalition liaison officers.
Sec. 1205. Prohibition on engaging in certain transactions.
Sec. 1206. Building the partnership security capacity of foreign
military and security forces.
Sec. 1207. Security and stabilization assistance.
Sec. 1208. Report on nonstrategic nuclear weapons.
Sec. 1209. Sense of Congress on support for Nuclear Non-Proliferation
Treaty.
Sec. 1210. The United States-China Economic and Security Review
Commission.
Sec. 1211. United States policy on Iraq.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION

Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Permanent waiver of restrictions on use of funds for threat
reduction in states of the former Soviet
Union.
Sec. 1304. Modification of authority to use Cooperative Threat
Reduction funds outside the former Soviet
Union.
Sec. 1305. Repeal of requirement for annual Comptroller General
assessment of annual Department of Defense
report on activities and assistance under
Cooperative Threat Reduction programs.
Sec. 1306. Removal of certain restrictions on provision of cooperative
threat reduction assistance.
TITLE XIV--AUTHORIZATION FOR SUPPLEMENTAL APPROPRIATIONS FOR IRAQ,
AFGHANISTAN, AND THE GLOBAL WAR ON TERRORISM

Sec. 1401. Purpose.
Sec. 1402. Designation as emergency amounts.
Sec. 1403. Army procurement.
Sec. 1404. Navy and Marine Corps procurement.
Sec. 1405. Tactical wheeled vehicles.
Sec. 1406. Reduction in authorization of appropriations for Iraq
Freedom Fund.
Sec. 1407. Air Force procurement.
Sec. 1408. Reduction in authorization of appropriations for Iraq
Freedom Fund.
Sec. 1409. Operation and maintenance.
Sec. 1410. Defense Health Program.
Sec. 1411. Military personnel.
Sec. 1412. Iraq Freedom Fund.
Sec. 1413. Transfer authority.
TITLE XV--RECRUITMENT AND RETENTION

Sec. 1501. Short title.
Sec. 1502. Increase in maximum enlistment bonus.
Sec. 1503. Temporary authority to pay bonus to encourage members of the
Army to refer other persons for enlistment
in the Army.
Sec. 1504. Increase in maximum age for enlistment.
Sec. 1505. Repeal of prohibition on prior service enlistment bonus for
receipt of other enlistment or reenlistment
bonus for service in the Selected Reserve.
Sec. 1506. Increase and enhancement of affiliation bonus for officers
of the Selected Reserve.
Sec. 1507. Enhancement of educational loan repayment authorities.
Sec. 1508. Report on Reserve Dental Insurance Program.
TITLE XVI--TRANSITION SERVICES

Sec. 1601. Short title.
Sec. 1602. Improved administration of transitional assistance programs.
Sec. 1603. Follow up assistance for members of the Armed Forces after
preseparation physical examinations.
Sec. 1604. Report on transition assistance programs.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.
TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Construction of battalion dining facilities, Fort Knox,
Kentucky.
TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2005 projects.
Sec. 2206. Modification of authority to carry out certain fiscal year
2004 project.
TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV--DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Specific authorized Army National Guard construction
projects.
Sec. 2603. Construction of facilities, New Castle County Airport Air
Guard Base, Delaware.
Sec. 2604. Construction of maintenance hangar, New Castle County
Airport Air Guard Base, Delaware.
Sec. 2605. National Guard construction projects.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 2003
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 2002
projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS

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

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

Sec. 2821. Authority to lease non-excess property of Department of
Defense field activities.
Sec. 2822. Modified criteria for agreements to limit encroachments and
other constraints on military training,
testing, and operations.
Sec. 2823. Expanded authority to enter into lease-purchase agreements.
Subtitle C--Land Conveyances

Part I--Army Conveyances

Sec. 2841. Land conveyance, Helena, Montana.
Sec. 2842. Land conveyance, Army Reserve Center, Bothell, Washington.
Sec. 2843. Land conveyance, Iowa Army Ammunition Plant, Middletown,
Iowa.
Part II--Navy Conveyances

Sec. 2851. Land conveyance, Marine Corps Air Station, Miramar, San
Diego, California.
Sec. 2852. Lease of United States Navy Museum facilities at Washington
Navy Yard, District of Columbia.
Part III--Air Force Conveyances

Sec. 2861. Acquisition of build-to-lease family housing at Eielson Air
Force Base, Alaska.
Sec. 2862. Land conveyance, Air Force property, La Junta, Colorado.
Subtitle D--Other Matters

Sec. 2881. Reorganization and technical improvement of codified laws
applicable to real property of the
Department of Defense.
Sec. 2882. Report on application of force protection and anti-terrorism
standards to leased facilities.
Sec. 2883. Construction at Fort Buchanan, Puerto Rico, for reserve
components.
Sec. 2884. Authority to use Papago Park Military Reservation, Arizona,
for general military purposes.
Sec. 2885. One-year extension of Department of Defense laboratory
revitalization program.
Sec. 2886. Sense of Congress on establishment of Bakers Creek Memorial.
Sec. 2887. Report on use of ground source heat pumps at Department of
Defense facilities.
Sec. 2888. Treatment of Indian Tribal Governments as public entities
for purposes of disposal of real property
recommended for closure in July 2003 BRAC
Commission Report.
Sec. 2889. Sense of the Senate regarding community impact assistance
related to construction of Navy Landing
Field, North Carolina.
Sec. 2890. Designation of William B. Bryant Annex.
Sec. 2891. Required consultation with State and local entities on
transportation, housing, and other
infrastructure issues related to the
addition of personnel or facilities at
military installations as part of 2005
round of defense base closure and
realignment.
Sec. 2892. Sense of the Senate on reversionary interests at Navy
homeports.
Sec. 2893. Identification of environmental conditions at military
installations closed or realigned under
2005 round of defense base closure and
realignment.
Sec. 2894. Sense of Congress on limitation on transfer of units from
closed and realigned military installations
pending readiness of receiving locations.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B--Other Matters

Sec. 3111. Report on compliance with design basis threat.
Sec. 3112. Cost estimate for waste treatment and immobilization plant
project, Hanford site, Richland,
Washington.
Sec. 3113. Report on international border security programs.
Sec. 3114. Clarification of cooperative agreement authority under
chemical demilitarization program.
Sec. 3115. Savannah River National Laboratory.
Sec. 3116. Rocky Flats Environmental Technology Site.
Sec. 3117. Prohibition on use of funds for Robust Nuclear Earth
Penetrator.
Sec. 3118. Sense of the Senate regarding interim reports on residual
beryllium contamination at Department of
Energy vendor facilities.
Sec. 3119. Report on advanced technologies for nuclear power reactors
in the United States.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Revisions to required receipt objectives for previously
authorized disposals from National Defense
Stockpile.
Sec. 3302. Authorization for disposal of tungsten ores and
concentrates.
Sec. 3303. Disposal of ferromanganese.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

For purposes of this Act, the term ``congressional defense
committees'' has the meaning given that term in section 101(a)(16) of
title 10, United States Code.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

Funds are hereby authorized to be appropriated for fiscal year 2006
for procurement for the Army as follows:
(1) For aircraft, $2,800,880,000.
(2) For missiles, $1,265,850,000.
(3) For weapons and tracked combat vehicles,
$1,692,549,000.
(4) For ammunition, $1,831,672,000.
(5) For other procurement, $4,339,434,000.

SEC. 102. NAVY AND MARINE CORPS.

(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 2006 for procurement for the Navy as follows:
(1) For aircraft, $9,946,926,000.
(2) For weapons, including missiles and torpedoes,
$2,749,441,000.
(3) For shipbuilding and conversion, $9,057,865,000.
(4) For other procurement, $5,596,218,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2006 for procurement for the Marine Corps in the amount
of $1,386,705,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2006 for procurement of ammunition
for the Navy and the Marine Corps in the amount of $892,849,000.

SEC. 103. AIR FORCE.

Funds are hereby authorized to be appropriated for fiscal year 2006
for procurement for the Air Force as follows:
(1) For aircraft, $13,212,633,000.
(2) For missiles, $5,500,287,000.
(3) For ammunition, $1,031,207,000.
(4) For other procurement, $14,027,889,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

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

SEC. 105. 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 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.

Subtitle B--Army Programs

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

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

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

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

SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR UTILITY HELICOPTERS.

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

SEC. 114. TELEMEDICINE AND ADVANCED TECHNOLOGY RESEARCH CENTER.

(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 $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 Medical Advanced Technology (PE #603002A) for the
Telemedicine and Advanced Technology Research Center.
(c) Offset.--The amount authorized to be appropriated by section
101(4) for procurement of ammunition for the Army is hereby reduced by
$1,000,000, with the amount of the reduction to be allocated to amounts
available for Ammunition Production Base Support, Production Base
Support for the Missile Recycling Center (MRC).

SEC. 115. TOWED ARRAY HANDLER.

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

SEC. 116. SECOND SOURCE FOR PRODUCTION AND SUPPLY OF TIRES FOR THE
STRYKER COMBAT VEHICLE.

(a) Requirement.--The Secretary of the Army shall conduct a
participation of study of the feasibility and costs and benefits for
the 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 the 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.

Subtitle C--Navy Programs

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

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

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

(a) Authority To Use Split Funding.--The Secretary of the Navy is
authorized to fund the detail design and construction of the aircraft
carrier designated CVN-78 using split funding in the Shipbuilding and
Conversion, Navy account in fiscal years 2007, 2008, 2009, and 2010.
(b) Condition for Out-Year Contract Payments.--A contract entered
into for the detail design and construction of the aircraft carrier
designated CVN-78 shall provide that any obligation of the United
States to make a payment under the contract for a fiscal year after
fiscal year 2006 is subject to the availability of appropriations for
such fiscal year.

SEC. 123. LHA REPLACEMENT (LHA(R)) SHIP.

(a) Amount Authorized From SCN Account for Fiscal Year  2006.--Of
the amount authorized to be appropriated by section 102(a)(3) for
fiscal year 2006 for shipbuilding and conversion, Navy, $325,447,000
shall be available for design, advance procurement, advance
construction, detail design, and construction with respect to the LHA
Replacement (LHA(R)) ship.
(b) Amounts Authorized From SCN Account for Fiscal Years 2007 and
2008.--Amounts authorized to be appropriated for fiscal years 2007 and
2008 for shipbuilding and conversion, Navy, shall be available for
construction with respect to the LHA Replacement ship.
(c) Contract Authority.--
(1) Design, advance procurement, and advance
construction.--The Secretary of the Navy may enter into a
contract during fiscal year 2006 for design, advance
procurement, and advance construction with respect to the LHA
Replacement ship.
(2) Detail design and construction.--The Secretary may
enter into a contract during fiscal year 2006 for the detail
design and construction of the LHA Replacement ship.
(d) Condition for Out-Year Contract Payments.--A contract entered
into under subsection (c) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2006 is subject to the availability of appropriations
for that purpose for such fiscal year.
(e) Funding as Increment of Full Funding.--The amounts available
under subsections (a) and (b) for the LHA Replacement ship are the
first increments of funding for the full funding of the LHA Replacement
(LHA(R)) ship program.

SEC. 124. REFUELING AND COMPLEX OVERHAUL OF THE U.S.S. CARL VINSON.

(a) Amount Authorized From SCN Account.--Of the amount authorized
to be appropriated by section 102(a)(3) for fiscal year 2006 for
shipbuilding and conversion, Navy, $1,493,563,000 shall be available
for the commencement of the nuclear refueling and complex overhaul of
the U.S.S. Carl Vinson (CVN-70). The amount available under the
preceding sentence is the first increment in the incremental funding
planned for the nuclear refueling and complex overhaul of the U.S.S.
Carl Vinson.
(b) Contract Authority.--The Secretary of the Navy may enter into a
contract during fiscal year 2006 for the nuclear refueling and complex
overhaul of the U.S.S. Carl Vinson.
(c) Condition for Out-Year Contract Payments.--A contract entered
into under subsection (b) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2006 is subject to the availability of appropriations
for that purpose for such fiscal year.

SEC. 125. 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.

Subtitle D--Air Force Programs

SEC. 131. C-17 AIRCRAFT PROGRAM AND INTER-THEATER AIRLIFT REQUIREMENTS.

(a) Multiyear Procurement Authorized.--The Secretary of the Air
Force may, in accordance with section 2306b of title 10, United States
Code, enter into a multiyear contract, beginning with the fiscal year
2006 program year, for the procurement of up to 42 additional C-17
aircraft.
(b) Certification Required.--Before the exercise of the authority
in subsection (a), the Secretary of Defense shall submit to the
congressional defense committees a certification that the additional
airlift capacity to be provided by the C-17 aircraft to be procured
under the authority is consistent with the quadrennial defense review
under section 118 of title 10, United States Code, to be submitted to
Congress with the budget of the President for fiscal year 2007 (as
submitted under section 1105(a) of title 31, United States Code), as
qualified by subsection (c).
(c) Additional Explanation of Inter-Theater Airlift Requirements.--
(1) Inclusion in quadrennial defense review.--The Secretary
of Defense shall, as part of the quadrennial defense review in
2005 and in accordance with the provisions of section 118(d)(9)
of title 10, United States Code, carry out an assessment of the
inter-theater airlift capabilities required to support the
national defense strategy.
(2) Additional information.--In including the assessment
required by paragraph (1) in the quadrennial defense review as
required by that paragraph, the Secretary shall explain how the
recommendations for future airlift force structure requirements
in that quadrennial defense review take into account the
following:
(A) The increased airlift demands associated with
the Army modular brigade combat teams.
(B) The objective to deliver a brigade combat team
anywhere in the world within four to seven days, a
division within 10 days, and multiple divisions within
20 days.
(C) The increased airlift demands associated with
the expanded scope of operational activities of the
Special Operations forces.
(D) The realignment of the overseas basing
structure in accordance with the Integrated Presence
and Basing Strategy.
(E) Adjustments in the force structure to meet
homeland defense requirements.
(F) The potential for simultaneous homeland defense
activities and major combat operations.
(G) Potential changes in requirements for intra-
theater airlift or sealift capabilities.
(d) Maintenance of C-17 Aircraft Production Line.--In the event the
Secretary of Defense is unable to make the certification specified in
subsection (b), the Secretary of the Air Force should procure
sufficient C-17 aircraft to maintain the C-17 aircraft production line
at not less than the minimum sustaining rate until sufficient flight
test data regarding improved C-5 aircraft mission capability rates as a
result of the Reliability Enhancement and Re-engining Program and
Avionics Modernization Program have been obtained to determine the
validity of assumptions concerning the C-5 aircraft used in the
Mobility Capabilities Study.

SEC. 132. PROHIBITION ON RETIREMENT OF KC-135E AIRCRAFT.

The Secretary of the Air Force may not retire any KC-135E aircraft
of the Air Force in fiscal year 2006.

SEC. 133. USE OF TANKER REPLACEMENT TRANSFER FUND FOR MODERNIZATION OF
AERIAL REFUELING TANKERS.

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

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

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

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

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

SEC. 136. PROCUREMENT OF C-130J/KC-130J AIRCRAFT AFTER FISCAL YEAR
2005.

Any C-130J/KC-130J aircraft procured after fiscal year 2005
(including C-130J/KC-130J aircraft procured through a multiyear
contract continuing in force from a fiscal year before fiscal year
2006) shall be procured through a contract under part 15 of the Federal
Acquisition Regulation (FAR), relating to acquisition of items by
negotiated contract (48 C.F.R. 15.000 et seq.), rather than through a
contract under part 12 of the Federal Acquisition Regulation, relating
to acquisition of commercial items (48 C.F.R. 12.000 et seq.).

SEC. 137. AIRCRAFT FOR PERFORMANCE OF AEROMEDICAL EVACUATIONS.

(a) Requirement To Procure.--The Secretary of the Air Force shall
procure aircraft for the purpose of providing aeromedical evacuation
services to severely injured or ill personnel.
(b) Required Capabilities.--The aircraft procured under subsection
(a) shall be capable of providing nonstop aeromedical evacuations
across the Atlantic Ocean.
(c) Equipping.--Any aircraft procured under subsection (a) shall be
equipped with current aeromedical support facilities, including
electrical systems, sanitation, temperature controls, pressurization
capacity, safe medical storage, equipment and medicines for life
support and emergency purposes, food preparation facilities, and such
other facilities as the Secretary considers appropriate for the
provision of aeromedical evacuation services.
(d) Dedicated Mission.--Each aircraft procured and equipped under
this section shall be assigned the dedicated mission of providing
aeromedical evacuation services as described in subsection (a).
(e) Availability of Funds.--Of the amounts authorized to be
appropriated by section 103(1) for aircraft procurement for the Air
Force, $200,000,000 shall be available for the procurement and
equipping of up to two aircraft under this section.

SEC. 138. C-37B AIRCRAFT.

(a) Additional Amount for Aircraft Procurement, Air Force.--The
amount authorized to be appropriated by section 103(1) for aircraft
procurement for the Air Force is hereby increased by $45,000,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 103(1) for aircraft for the Air Force, as
increased by subsection (a), up to $45,000,000 may be used for the
procurement of one C-37B aircraft.
(c) Offset.--The amount authorized to be appropriated by section
301(1) for operation and maintenance for the Army is hereby reduced by
$25,000,000, and the amount authorized to be appropriated by section
301(5) for operation and maintenance, defensewide, is hereby reduced by
$20,000,000.

Subtitle E--Defense-Wide Programs

SEC. 151. ADVANCED SEAL DELIVERY SYSTEM.

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

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

Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year 2006
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $9,716,824,000.
(2) For the Navy, $18,398,091,000.
(3) For the Air Force, $22,636,568,000.
(4) For Defense-wide activities, $19,011,754,000, of which
$168,458,000 is authorized for the Director of Operational Test
and Evaluation.

SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY.

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

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 maybe increased by $1,500,000.
(b) Reduction in Funds Available to Army for Procurement,
Ammunition.--The amount authorized to be appropriated by section 301(4)
for the Air Force is hereby reduced by $1,500,000.

SEC. 204. 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 maybe 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.--The amount authorized to be appropriated
by section 301(4) for the Air Force is hereby reduced by $1,000,000.

Subtitle B--Program Requirements, Restrictions, and Limitations

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

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

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

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

SEC. 213. CHEMICAL DEMILITARIZATION FACILITIES.

(a) Authority To Use Research, Development, Test, and Evaluation
Funds To Construct Facilities.--The Secretary of Defense may, using
amounts authorized to be appropriated by section 201(4) for research,
development, test, and evaluation, Defense-wide and available for
chemical weapons demilitarization activities under the Assembled
Chemical Weapons Alternatives program, carry out construction projects,
or portions of construction projects, for facilities necessary to
support chemical demilitarization operations at each of the following:
(1) Pueblo Army Depot, Colorado.
(2) Blue Grass Army Depot, Kentucky.
(b) Scope of Authority.--The authority in subsection (a) to carry
out a construction project for facilities includes authority to carry
out planning and design and the acquisition of land for the
construction or improvement of such facilities.
(c) Limitation on Amount of Funds.--The amount of funds that may be
utilized under the authority in subsection (a) may not exceed
$51,000,000.
(d) Duration of Authority.--A construction project, or portion of a
construction project, may not be commenced under the authority in
subsection (a) after September 30, 2006.
(e) Notice and Wait.--The Secretary may not carry out a
construction project, or portion of a construction project, under the
authority in subsection (a) until the end of the 21-day period
beginning on the date on which the Secretary notifies the congressional
defense committees of the intent to carry out such project.

SEC. 214. 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.

SEC. 215. 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.

SEC. 216. 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.

SEC. 217. 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.

SEC. 218. 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.

SEC. 219. 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(2), Operation and Maintenance, Navy, is hereby reduced by
$40,000,000.

SEC. 219A. 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 may be 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.

SEC. 219B. 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.

Subtitle C--Missile Defense Programs

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

(a) Extension.--Section 232(g) of the National Defense
Authorization Act for Fiscal Year 2002 (10 U.S.C. 2431 note) is
amended--
(1) in paragraph (1), by striking ``through 2006'' and
inserting ``through 2007''; and
(2) in paragraph (2), by striking ``through 2007'' and
inserting ``through 2008''.
(b) Modification of Submittal Date.--Paragraph (2) of such section
is further amended by striking ``February 15'' and inserting ``March
15''.

SEC. 222. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.

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

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

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

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.

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

SEC. 231. RESEARCH AND DEVELOPMENT.

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

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

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

SEC. 233. MANUFACTURING TECHNOLOGY STRATEGIES.

(a) In General.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics may--
(1) identify an area of technology where the development of
an industry-prepared roadmap for new manufacturing and
technology processes applicable to defense manufacturing
requirements would be beneficial to the Department of Defense;
and
(2) establish a task force, and act in cooperation, with
the private sector to map the strategy for the development of
manufacturing processes and technologies needed to support
technology development in the area identified under paragraph
(1).
(b) Commencement of Roadmapping.--The Under Secretary shall
commence any roadmapping identified pursuant to subsection (a)(1) not
later than January 2007.

SEC. 234. REPORT.

(a) In General.--Not later than December 31, 2007, the Under
Secretary of the Defense for Acquisition, Technology, and Logistics
shall submit to the congressional defense committees a report on the
actions undertaken by the Under Secretary under this subtitle during
fiscal year 2006.
(b) Elements.--The report under subsection (a) shall include--
(1) a comprehensive description of the actions undertaken
under this subtitle during fiscal year 2006;
(2) an assessment of effectiveness of such actions in
enhancing research and development on manufacturing
technologies and processes, and implementation of such within
the defense manufacturing base; and
(3) such recommendations as the Under Secretary considers
appropriate for additional actions to be undertaken in order to
increase the effectiveness of the actions undertaken under this
subtitle in enhancing manufacturing activities within the
defense manufacturing base.

SEC. 235. DEFINITIONS.

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

Subtitle E--Other Matters

SEC. 241. EXPANSION OF ELIGIBILITY FOR LEADERSHIP OF DEPARTMENT OF
DEFENSE TEST RESOURCE MANAGEMENT CENTER.

(a) Director of Center.--Paragraph (1) of section 196(b) of title
10, United States Code, is amended by striking ``commissioned
officers'' and all that follows through the end of the sentence and
inserting ``individuals who have substantial experience in the field of
test and evaluation.''.
(b) Deputy Director of Center.--Paragraph (2) of such section is
amended by striking ``senior civilian officers and employees of the
Department of Defense'' and inserting ``individuals''.

SEC. 242. TECHNOLOGY TRANSITION.

(a) Clarification of Duties of Technology Transition Council.--
Paragraph (2) of section 2359a(g) of title 10, United States Code, is
amended to read as follows:
``(2) The duty of the Council shall be to support the
Undersecretary of Defense for Acquisition, Technology, and Logistics in
the development of policies to facilitate the rapid transition of
technologies from science and technology programs of the Department of
Defense into acquisition programs of the Department.''.
(b) Report on Technology Transition.--
(1) In general.--The Secretary of Defense, working through
the Technology Transition Council, shall submit to the
congressional defense committees a report on the challenges
associated with technology transition from the science and
technology programs of the Department of Defense to the
acquisition programs of the Department, and a strategy to
address such challenges, including--
(A) a description of any organizational barriers to
technology transition between operations, acquisition,
and technology development components of the
Department;
(B) an assessment of the effect of Department
acquisition regulations on technology transition;
(C) a description of the role of technology
transition in the planning, programming, and budgeting
processes of the Department;
(D) a description of any other challenges
associated with technology transition in the Department
that are identified by the Secretary;
(E) a Department-wide strategy for pursuing
technology transition; and
(F) such recommendations as the Secretary considers
appropriate for the improvement of technology
transition and for the elimination of internal barriers
within the Department to technology transition.
(2) Submittal date.--The report under paragraph (1) shall
be submitted at the same time the budget of the President is
submitted to Congress pursuant to section 1105(a) of title 31,
United States Code, for fiscal year 2007.

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

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

SEC. 244. MODIFICATION OF REQUIREMENTS FOR REPORTS ON PROGRAM TO AWARD
PRIZES FOR ADVANCED TECHNOLOGY ACHIEVEMENTS.

Subsection (e) of section 2374a of title 10, United States Code, is
amended to read as follows:
``(e) Annual Report.--(1) Not later than March 1 each year, the
Secretary shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the activities
undertaken by the Defense Advanced Research Projects Agency in the
preceding year under the authority of this section.
``(2) The report for a year under this subsection shall include the
following:
``(A) The results of consultations between the Director and
officials of the military departments regarding the areas of
research, technology development, or prototype development for
which prizes would be awarded under the program under this
section.
``(B) A description of the proposed goals of the
competitions established under the program, including the areas
of research, technology development, or prototype development
to be promoted by such competitions and the relationship of
such areas to the military missions of the Department.
``(C) The total amount of cash prizes awarded under the
program, including a description of the manner in which the
amounts of cash prizes awarded and claimed were allocated among
the accounts of the Defense Advanced Research Projects Agency
for recording as obligations and expenditures.
``(D) The methods used for the solicitation and evaluation
of submissions under the program, together with an assessment
of the effectiveness of such methods.
``(E) A description of the resources, including personnel
and funding, used in the execution of the program, together
with a detailed description of the activities for which such
resources were used.
``(F) A description of any plans to transition the
technologies or prototypes developed as a result of the program
into acquisition programs of the Department.
``(G) For each competition under the program, a statement
of the reasons why the competition was a preferable means of
promoting basic, advanced, or applied research, technology
development, or prototype development projects to other means
of promoting such projects, including contracts, grants,
cooperative agreements, or other transactions.''.

SEC. 245. 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''.

SEC. 246. 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.

SEC. 247. 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.

SEC. 248. REPORT ON DEVELOPMENT AND USE OF ROBOTICS AND UNMANNED GROUND
VEHICLE SYSTEMS.

(a) Report Required.--Not later than nine months after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall submit to the
congressional defense committees a report on the development and
utilization of robotics and unmanned ground vehicle systems by the
Department of Defense.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the utilization of robotics and
unmanned ground vehicle systems in current military operations.
(2) A description of the manner in which the development of
robotics and unmanned ground vehicle systems capabilities
supports current major acquisition programs of the Department
of Defense.
(3) A detailed description, including budget estimates, of
all Department programs and activities on robotics and unmanned
ground vehicle systems for fiscal years 2004 through 2012,
including programs and activities relating to research,
development, test and evaluation, procurement, and operation
and maintenance.
(4) A description of the long-term research and development
strategy of the Department on technology for the development
and integration of new robotics and unmanned ground vehicle
systems capabilities in support of Department missions.
(5) A description of any planned demonstration or
experimentation activities of the Department that will support
the development and deployment of robotics and unmanned ground
vehicle systems by the Department.
(6) A statement of the Department organizations currently
participating in the development of new robotics or unmanned
ground vehicle systems capabilities, including the specific
missions of each such organization in such efforts.
(7) A description of the activities of the Department to
collaborate with industry, academia, and other Government and
nongovernment organizations in the development of new
capabilities in robotics and unmanned ground vehicle systems.
(8) An assessment of the short-term and long-term ability
of the industrial base of the United States to support the
production of robotics and unmanned ground vehicle systems to
meet Department requirements.
(9) An assessment of the progress being made to achieve the
goal established by section 220(a)(2) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-38)
that, by 2015, one-third of operational ground combat vehicles
be unmanned.
(10) An assessment of international research, technology,
and military capabilities in robotics and unmanned ground
vehicle systems.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

Funds are hereby authorized to be appropriated for fiscal year 2006
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $24,951,460,000.
(2) For the Navy, $30,547,489,000.
(3) For the Marine Corps, $3,842,026,000.
(4) For the Air Force, $31,425,919,000.
(5) For Defense-wide activities, $18,584,469,000.
(6) For the Army Reserve, $1,989,382,000.
(7) For the Naval Reserve, $1,245,695,000.
(8) For the Marine Corps Reserve, $199,934,000.
(9) For the Air Force Reserve, $2,559,686,000.
(10) For the Army National Guard, $4,528,019,000.
(11) For the Air National Guard, $4,772,991,000.
(12) For the United States Court of Appeals for the Armed
Forces, $11,236,000.
(13) For Environmental Restoration, Army, $407,865,000.
(14) For Environmental Restoration, Navy, $305,275,000.
(15) For Environmental Restoration, Air Force,
$406,461,000.
(16) For Environmental Restoration, Defense-wide,
$28,167,000.
(17) For Environmental Restoration, Formerly Used Defense
Sites, $261,921,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $61,546,000.
(19) For Cooperative Threat Reduction programs,
$415,549,000.
(20) For the Overseas Contingency Operations Transfer Fund,
$20,000,000.

SEC. 302. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal year 2006
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $1,471,340,000.
(2) For the National Defense Sealift Fund, $1,011,304,000.

SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

(a) Defense Health Program.--Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2006 for
expenses, not otherwise provided for, for the Defense Health Program,
$19,900,812,000, of which--
(1) $19,351,337,000 is for Operation and Maintenance;
(2) $174,156,000 is for Research, Development, Test, and
Evaluation; and
(3) $375,319,000 is for Procurement.
(b) Chemical Agents and Munitions Destruction, Defense.--(1) Funds
are hereby authorized to be appropriated for the Department of Defense
for fiscal year 2006 for expenses, not otherwise provided for, for
Chemical Agents and Munitions Destruction, Defense, $1,425,827,000, of
which--
(A) $1,241,514,000 is for Operation and Maintenance;
(B) $67,786,000 is for Research, Development, Test, and
Evaluation; and
(C) $116,527,000 is for Procurement.
(2) Amounts authorized to be appropriated under paragraph (1) are
authorized for--
(A) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(B) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
(c) Drug Interdiction and Counter-Drug Activities, Defense-wide.--
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2006 for expenses, not otherwise provided for,
for Drug Interdiction and Counter-Drug Activities, Defense-wide,
$895,741,000.
(d) Defense Inspector General.--Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2006 for
expenses, not otherwise provided for, for the Office of the Inspector
General of the Department of Defense, $209,687,000, of which--
(1) $208,687,000 is for Operation and Maintenance; and
(2) $1,000,000 is for Procurement.

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.

Subtitle B--Environmental Provisions

SEC. 311. ELIMINATION AND SIMPLIFICATION OF CERTAIN ITEMS REQUIRED IN
THE ANNUAL REPORT ON ENVIRONMENTAL QUALITY PROGRAMS AND
OTHER ENVIRONMENTAL ACTIVITIES.

Section 2706(b)(2) of title 10, United States Code, is amended--
(1) by striking subparagraphs (D) and (E);
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D) A summary of fines and penalties imposed or assessed
against the Department of Defense and the military departments
under Federal, State, or local environmental laws during the
fiscal year in which the report is submitted and the four
preceding fiscal years, which summary shall include--
``(i) a trend analysis of such fines and penalties
for military installations inside and outside the
United States; and
``(ii) a list of such fines or penalties that
exceeded $500,000 and the provisions of law under which
such fines or penalties were imposed or assessed.'';
(3) by redesignating subparagraph (F) as subparagraph (E);
and
(4) in subparagraph (E), as redesignated by paragraph (3),
by striking ``and amounts for conferences'' and all that
follows through ``such activities''.

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

(a) Payment for Activities at Former Defense Property That Is
Subject to Covenant for Additional Remedial Action.--Subsection (d) of
section 2701 of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``paragraph (3)'' and inserting
``paragraphs (3) and (4)'';
(B) by inserting ``any owner of covenant
property,'' after ``tribe,'' the first place it
appears; and
(C) by inserting ``owner of covenant property,''
after ``tribe,'' the second place it appears;
(2) by redesignating paragraph (4) as paragraph (5);
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) Performance of services on covenant property.--An
owner of covenant property may not be paid on a reimbursable or
other basis for services performed under an agreement under
paragraph (1) unless such services are performed on such
covenant property.''; and
(4) in paragraph (5), as redesignated by paragraph (2), by
adding at the end the following new subparagraph:
``(C) The term `owner of covenant property' means
an owner of property subject to a covenant provided by
the United States in accordance with section
120(h)(3)(A)(ii)(II) of CERCLA (42 U.S.C.
9620(h)(3)(A)(ii)(II)).''.
(b) Applicable Cleanup Standards.--Paragraph (3) of such subsection
is further amended--
(1) by striking ``An agreement'' and inserting ``(A) An
agreement''; and
(2) by inserting at the end the following new subparagraph:
``(B) An agreement under paragraph (1) may not change the
cleanup standards applicable to the site as established by
law.''.
(c) Source of Funds for Former Base Closure and Realignment
Property Subject to Covenant for Additional Remedial Action.--Section
2703 of such title is amended--
(1) in subsection (g)(1), by striking ``The sole source''
and inserting ``Except as provided in subsection (h), the sole
source''; and
(2) by adding at the end the following new subsection:
``(h) Sole Source of Funds for Certain Environmental Remediation at
Base Realignment and Closure Sites.--In the case of property disposed
of pursuant to a base closure law and subject to a covenant described
in subsection (d)(5)(C) of section 2701 of this title, the sole source
of funds for services under subsection (d)(1) of such section shall be
the base closure account established under the base closure law under
which such property was disposed of.''.

Subtitle C--Other Matters

SEC. 321. AIRCRAFT CARRIERS.

(a) Funding for Repair and Maintenance of U.S.S. John F. Kennedy.--
Of the amounts authorized to be appropriated for operation and
maintenance for the Navy by this Act and any other Act for fiscal year
2005 and 2006, $288,000,000 shall be available only for repair and
maintenance to extend the life of U.S.S. John F. Kennedy.
(b) Limitation on Reduction in Number of Active Aircraft
Carriers.--
(1) Limitation.--The Secretary of the Navy may not reduce
the number of active aircraft carriers of the Navy below 12
active aircraft carriers until the later of the following:
(A) The date that is 180 days after the date of the
submittal to Congress of the quadrennial defense review
required in 2005 under section 118 of title 10, United
States Code.
(B) The date on which the Secretary of Defense, in
consultation with the Chairman of the Joint Chiefs of
Staff, certifies to the congressional defense
committees that such agreements have been entered into
to provide port facilities for the permanent forward
deployment of such number of aircraft carriers as is
necessary in the Pacific Command Area of Responsibility
to fulfill the roles and missions of that Command,
including agreements for the forward deployment of a
nuclear aircraft carrier after the retirement of the
current two conventional aircraft carriers.
(2) Active aircraft carriers.--For purposes of this
subsection, an active aircraft carrier of the Navy includes an
aircraft carrier that is temporarily unavailable for worldwide
deployment due to routine or scheduled maintenance.

SEC. 322. LIMITATION ON TRANSITION OF FUNDING FOR EAST COAST SHIPYARDS
FROM FUNDING THROUGH NAVY WORKING CAPITAL FUND TO DIRECT
FUNDING.

(a) Limitation.--The Secretary of the Navy may not convert funding
for the shipyards of the Navy on the Eastern Coast of the United States
from funding through the working capital fund of the Navy to funding on
a direct basis (also known as ``mission funding'') until the later of--
(1) the date that is six months after the date on which the
Secretary submits to the congressional defense committees the
report required by subsection (b); or
(2) October 1, 2006.
(b) Report on Direct Funding for Puget Sound Naval Shipyard.--The
Secretary shall submit to the congressional defense committees a report
that contains the assessment of the Secretary on the effects on Puget
Sound Naval Shipyard, Washington, of the conversion of funding for
Puget Sound Naval Shipyard from funding through the working capital
fund of the Navy to funding on a direct basis.

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

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

SEC. 324. PURCHASE AND DESTRUCTION OF WEAPONS OVERSEAS.

(a) Authority To Use Funds.--
(1) In general.--Subchapter I of chapter 134 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2249d. Use of appropriated funds for purchase and destruction of
weapons overseas
``(a) Purchase of Weapons.--Amounts appropriated or otherwise
available to the Department of Defense for operation and maintenance
may be used to purchase weapons overseas from any person, foreign
government, international organization, or other entity for the purpose
of protecting United States forces engaged in military operations
overseas.
``(b) Destruction of Weapons.--Weapons purchased under the
authority in subsection (a) may be destroyed.
``(c) Notice to Congress.--The Secretary of Defense shall promptly
notify the congressional defense committees of any use of the authority
in subsection (a) to purchase weapons.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:

``2249d. Use of appropriated funds for purchase and destruction of
weapons overseas.''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2005, and shall apply with respect to funds
appropriated or otherwise made available for fiscal years after fiscal
year 2005.

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

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

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

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

SEC. 327. ARMY TRAINING STRATEGY.

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

SEC. 328. LIMITATION ON FINANCIAL MANAGEMENT IMPROVEMENT AND AUDIT
INITIATIVES WITHIN THE DEPARTMENT OF DEFENSE.

Amounts authorized to be appropriated to the Department of Defense
for fiscal year 2006 may not be obligated or expended for the purposes
of financial management improvement activities relating to the
preparation, processing, or auditing of financial statements until the
Secretary of Defense prepares and submits to the congressional defense
committees the following:
(1) A comprehensive and integrated financial management
improvement plan that--
(A) describes specific actions to be taken to
correct financial management deficiencies that impair
the ability of the Department of Defense to prepare
timely, reliable, and complete financial management
information; and
(B) systematically ties such actions to process and
control improvements and business systems modernization
efforts described in the business enterprise
architecture and transition plan required by section
2222 of title 10, United States Code.
(2) A written determination that each of the financial
management improvement activities to be undertaken are--
(A) consistent with the financial management
improvement plan submitted pursuant to paragraph (1);
and
(B) likely to improve internal controls or
otherwise result in sustained improvements in the
ability of the Department to produce timely, reliable,
and complete financial management information.

SEC. 329. STUDY ON USE OF ETHANOL FUEL.

(a) In General.--The Secretary of Defense shall conduct a study on
the use of ethanol fuel by the Armed Forces and the Defense Agencies.
(b) Elements.--The study shall include--
(1) an evaluation of the historical utilization of ethanol
fuel by the Armed Forces and the Defense Agencies, including
the quantity of ethanol fuel acquired by the Department of
Defense for the Armed Forces and the Defense Agencies during
the 5-year period ending on the date of the report under
subsection (c);
(2) a forecast of the requirements of the Armed Forces and
the Defense Agencies for ethanol fuel for each of fiscal years
2007 through 2012;
(3) an assessment of the current and future commercial
availability of ethanol fuel, including facilities for the
production, storage, transportation, distribution, and
commercial sale of such fuel;
(4) an assessment of the utilization by the Department of
the commercial infrastructure for ethanol fuel as described in
paragraph (3);
(5) a review of the actions of the Department to coordinate
with State, local, and private entities to support the
expansion and use of alternative fuel refueling stations that
are accessible to the public; and
(6) an assessment of the fueling infrastructure on military
installations in the United States, including storage and
distribution facilities, that could be adapted or converted to
the delivery of ethanol fuel, including--
(A) an assessment of cost of the adaptation or
conversion of such infrastructure to the delivery of
ethanol fuel; and
(B) an assessment of the feasibility and
advisability of that adaptation or conversion.
(c) Report.--Not later than February 1, 2006, the Secretary shall
submit to the congressional defense committees a report on the study
conducted under subsection (a).
(d) Ethanol Fuel Defined.--In this section, the term ``ethanol
fuel'' means fuel that is 85 percent ethyl alcohol.

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)''.

SEC. 331. 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 three 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 six years, beginning in fiscal year 2004, for
recapitalization and investment, including the procurement of
technologically advanced facilities and equipment, of our
Nation's three 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.

SEC. 332. CHILD AND FAMILY ASSISTANCE BENEFITS FOR MEMBERS OF THE ARMED
FORCES.

(a) Additional Amount for Operation and Maintenance, Defense-
Wide.--The amount authorized to be appropriated by section 301(5) for
operation and maintenance, Defense-wide activities, is hereby increased
by $60,000,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 301(5) for operation and maintenance, Defense-
wide activities, as increased by subsection (a), $60,000,000 may be
available as follows:
(1) $50,000,000 for childcare services for families of
members of the Armed Forces.
(2) $10,000,000 for family assistance centers that
primarily serve members of the Armed Forces and their families.
(c) Offset.--Of the amounts authorized to be appropriated by
section 301(1) for operation and maintenance, Army are hereby reduced
by $60,000,000.

SEC. 333. REIMBURSEMENT FOR CERTAIN PROTECTIVE, SAFETY, OR HEALTH
EQUIPMENT PURCHASED BY OR FOR MEMBERS OF THE ARMED FORCES
FOR DEPLOYMENT IN OPERATIONS IN IRAQ AND CENTRAL ASIA.

(a) Reimbursement Required.--
(1) In general.--Subject to subsections (d) and (e), the
Secretary of Defense shall reimburse a member of the Armed
Forces, or a person or entity referred to in paragraph (2), for
the cost (including shipping cost) of any protective, safety,
or health equipment that was purchased by such member, or such
person or entity on behalf of such member, before or during the
deployment of such member in Operation Noble Eagle, Operation
Enduring Freedom, or Operation Iraqi Freedom for the use of
such member in connection with such operation if the unit
commander of such member certifies that such equipment was
critical to the protection, safety, or health of such member.
(2) Covered persons and entities.--A person or entity
referred to in this paragraph is a family member or relative of
a member of the Armed Forces, a non-profit organization, or a
community group.
(3) Regulations not required for reimbursement.--
Reimbursements may be made under this subsection in advance of
the promulgation by the Secretary of Defense of regulations, if
any, relating to the administration of this section.
(b) Protective Equipment Reimbursement Fund.--
(1) Establishment.--There is hereby established an account
to be known as the ``Protective Equipment Reimbursement Fund''
(in this subsection referred to as the ``Fund'').
(2) Elements.--The Fund shall consist of amounts deposited
in the Fund from amounts available for the Fund under
subsection (g).
(3) Availability.--Amounts in the Fund shall be available
directly to the unit commanders of members of the Armed Forces
for the making of reimbursements for protective, safety, and
health equipment under subsection (a).
(4) Documentation.--Each person seeking reimbursement under
subsection (a) for protective, safety, or health equipment
purchased by or on behalf of a member of the Armed Forces shall
submit to the unit commander of such member such documentation
as is necessary to establish each of the following:
(A) The nature of such equipment, including whether
or not such equipment qualifies as protective, safety,
or health equipment under subsection (c).
(B) The cost of such equipment.
(c) Covered Protective, Safety, and Health Equipment.--Protective,
safety, and health equipment for which reimbursement shall be made
under subsection (a) shall include personal body armor, collective
armor or protective equipment (including armor or protective equipment
for high mobility multi-purpose wheeled vehicles), and items provided
through the Rapid Fielding Initiative of the Army, or equivalent
programs of the other Armed Forces, such as the advanced (on-the-move)
hydration system, the advanced combat helmet, the close combat optics
system, a Global Positioning System (GPS) receiver, a gun scope, and a
soldier intercommunication device.
(d) Limitation Regarding Amount of Reimbursement.--The amount of
reimbursement provided under subsection (a) per item of protective,
safety, and health equipment purchased by or on behalf of any given
member of the Armed Forces may not exceed the lesser of--
(1) the cost of such equipment (including shipping cost);
or
(2) $1,100.
(e) Limitation on Date of Purchase.--Reimbursement may be made
under subsection (a) only for protective, safety, and health equipment
purchased before October 1, 2006.
(f) Ownership of Equipment.--The Secretary shall identify the
circumstances, if any, under which the United States shall assume title
or ownership of protective, safety, or health equipment for which
reimbursement is provided under subsection (a).
(g) Funding.--
(1) In general.--Except as provided in paragraph (2),
amounts for reimbursements under subsection (a) shall be
derived from any amounts authorized to be appropriated by this
Act.
(2) Exception.--Amounts authorized to be appropriated by
this Act and available for the procurement of equipment for
members of the Armed Forces deployed, or to be deployed, to
Iraq or Afghanistan may not be utilized for reimbursements
under subsection (a).
(h) Repeal of Superseded Authority.--Section 351 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375; 118. Stat. 1857) is repealed.

SEC. 334. 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).

SEC. 335. 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.

SEC. 336. 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.

SEC. 337. 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.

SEC. 338. DEPARTMENT OF DEFENSE SUPPORT FOR CERTAIN PARALYMPIC SPORTING
EVENTS.

(a) Provision of Support.--Subsection (c) of section 2564 of title
10, United States Code, is amended by adding at the end the following
new paragraphs:
``(4) A sporting event sanctioned 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))--
``(A) which is--
``(i) held in the United States or any of
its territories or commonwealths;
``(ii) governed by the International
Paralympic Committee; and
``(iii) sanctioned by the United States
Olympic Committee; and
``(B) for which participation exceeds 100 amateur
athletes.''.
(b) Funding and Limitations.--Such section is further amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Funding for Support of Certain Events.--(1) Funds to provide
support for a sporting event described in paragraph (4) or (5) of
subsection (c) shall be derived from the Support for International
Sporting Competitions, Defense account established by section 5802 of
Public Law 104-208 (110 Stat. 3009-522), notwithstanding any limitation
in such section relating to the availability of funds in such account
for support of international sporting competitions.
``(2) The total amount that may be expended in any fiscal year to
provide support for a sporting event described in paragraph (5) of
subsection (c) may not exceed $1,000,000.''.

SEC. 339. SUPERVISION AND MANAGEMENT OF DEFENSE BUSINESS TRANSFORMATION
AGENCY.

Section 192 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e) Special Rule for Defense Business Transformation Agency.--(1)
The Defense Business Transformation Agency shall be supervised by the
vice chairman of the Defense Business System Management Committee.
``(2) Notwithstanding the results of any periodic review under
subsection (c) with regard to the Defense Business Transformation
Agency, the Secretary of Defense shall designate that the Agency be
managed cooperatively by the Deputy Under Secretary of Defense for
Business Transformation and the Deputy Under Secretary of Defense for
Financial Management.''.

SEC. 340. ARMAMENT RETOOLING AND MANUFACTURING SUPPORT INITIATIVE
MATTERS.

(a) Inclusion of Additional Facilities Within Initiative.--Section
4551(2) of title 10, United States Code, is amended by inserting ``, or
a Government-owned, contractor-operated depot for the storage,
maintenance, renovation, or demilitarization of ammunition,'' after
``manufacturing facility''.
(b) Additional Consideration for Use of Facilities.--Section
4554(b)(2) of such title is amended by adding at the end the following
new subparagraph:
``(D) The demilitarization and storage of conventional
ammunition.''.

SEC. 341. GRANTS FOR LOCAL WORKFORCE INVESTMENT BOARDS FOR SERVICES FOR
CERTAIN SPOUSES OF MEMBERS OF THE ARMED FORCES.

(a) Grants Authorized.--The Secretary of Defense may, from any
funds authorized to be appropriated to the Department of Defense, and
in consultation with the Department of Labor, make grants to local
workforce investments boards established under section 117 of the
Workforce Investment Act of 1998 (29 U.S.C. 2832), or consortia of such
boards, in order to permit such boards or consortia of boards to
provide services to spouses of members of the Armed Forces described in
subsection (b).
(b) Covered Spouses.--Spouses of members of the Armed Forces
described in this subsection are spouses of members of the Armed Forces
on active duty, which spouses--
(1) have experienced a loss of employment as a direct
result of relocation of such members to accommodate a permanent
change in duty station; or
(2) are in a family whose income is significantly reduced
due to--
(A) the deployment of such members;
(B) the call or order of such members to active
duty in support of a contingency operation pursuant to
a provision of law referred to in section 101(a)(13)(B)
of title 10, United States Code;
(C) a permanent change in duty station of such
members; or
(D) the incurral by such members of a service-
connected disability (as that term is defined in
section 101(16) of title 38, United States Code).
(c) Regulations.--Any grants made under this section shall be made
pursuant to regulations prescribed by the Secretary in consultation
with the Department of Labor. Such regulation shall set forth--
(1) criteria for eligibility of workforce investment boards
for grants under this section;
(2) requirements for applications for such grants; and
(3) the nature of services to be provided using such
grants.

SEC. 342. REST AND RECUPERATION LEAVE PROGRAMS.

(a) Availability of Funds for Reimbursement of Expenses.--Of the
amount authorized to be appropriated by section 301(5) for operation
and maintenance for Defense-wide activities, $7,000,000 may be
available for the reimbursement of expenses of the Armed Forces
Recreation Centers related to the utilization of the facilities of the
Armed Forces Recreation Centers under official Rest and Recuperation
Leave Programs authorized by the military departments or combatant
commanders.
(b) Utilization of Reimbursements.--Amounts received by the Armed
Forces Recreation Centers under subsection (a) as reimbursement for
expenses may be utilized by such Centers for facility maintenance and
repair, utility expenses, correction of health and safety deficiencies,
and routine ground maintenance.
(c) Regulations.--The utilization of facilities of the Armed Forces
Recreation Centers under Rest and Recuperation Leave Programs, and
reimbursement for expenses related to such utilization of such
facilities, shall be subject to regulations prescribed by the Secretary
of Defense.

SEC. 343. IMPROVEMENT OF AUTHORITIES ON GENERAL GIFT FUNDS OF THE
DEPARTMENT OF DEFENSE.

(a) Restatement and Expansion of Current Authority.--Subsection (a)
of section 2601 of title 10, United States Code, is amended to read as
follows:
``(a)(1) Subject to subsection (b), the Secretary concerned may
accept, hold, administer, and spend any gift, devise, or bequest of
real or personal property made on the condition that it be used for the
benefit, or in connection with, the establishment, operation, or
maintenance of a school, hospital, library, museum, cemetery, or other
institution or organization under the jurisdiction of such Secretary.
``(2)(A) Subject to subsection (b), the Secretary concerned may
accept, hold, administer, and spend any gift, devise, or bequest of
real or personal property made on the condition that it be used for the
benefit of members of the armed forces or civilian employees of United
States Government, or the dependents or survivors of such members or
employees, who are wounded or killed while serving in Operation Iraqi
Freedom, Operation Enduring Freedom, or any other military operation or
activity, or geographic area, designated by the Secretary of Defense
for purposes of this section.
``(B) The Secretary of Defense shall prescribe regulations
specifying the conditions that may be attached to a gift, devise, or
bequest accepted under this paragraph.
``(C) The authority to accept gifts, devises, or bequests under
this paragraph shall expire on December 31, 2007.
``(3) The Secretary concerned may pay all necessary expenses in
connection with the conveyance or transfer of a gift, devise, or
bequest made under this subsection.''.
(b) Scope of Authority To Use Accepted Property.--Such section is
further amended--
(1) by redesignating subsections (b), (c) and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b)(1) Except as provided in paragraph (2), property accepted
under subsection (a) may be used by the Secretary concerned without
further specific authorization in law.
``(2) Property accepted under subsection (a) may not be used--
``(A) if the use of such property in connection with any
program, project, or activity would result in the violation of
any prohibition or limitation otherwise applicable to such
program, project, or activity;
``(B) if the conditions attached to such property are
inconsistent with applicable law or regulations;
``(C) if the use of such property would reflect unfavorably
on ability of the Department of Defense, any employee of the
Department, or any member of the armed forces to carry out any
responsibility or duty of the Department in a fair and
objective manner; or
``(D) if the use of such property would compromise the
integrity or appearance of integrity of any program of the
Department of Defense, or any individual involved in such a
program.''.
(c) Conforming Amendment.--Subsection (c) of such section, as
redesignated by subsection (b)(1) of this section, is further amended
in the flush matter following paragraph (4) by striking ``benefit or
use of the designated institution or organization'' and inserting
``purposes specified in subsection (a)''.
(d) GAO Audits.--Such section is further amended by adding at the
end the following new subsection:
``(f) The Comptroller General of the United States shall make
periodic audits of real or personal property accepted under subsection
(a) at such intervals as the Comptroller General determines to be
warranted. The Comptroller General shall submit to Congress a report on
the results of each such audit.''.

SEC. 344. COMMEMORATION OF SUCCESS OF THE ARMED FORCES IN OPERATION
ENDURING FREEDOM AND OPERATION IRAQI FREEDOM.

(a) Finding.--Congress finds that it is both right and appropriate
that, upon their return from Operation Enduring Freedom in Afghanistan
and Operation Iraqi Freedom in Iraq, all soldiers, sailors, marines,
and airmen in the Armed Forces who served in those operations be
honored and recognized for their achievements, with appropriate
ceremonies, activities, and awards commemorating their sacrifice and
service to the United States and the cause of freedom in the Global War
on Terrorism.
(b) Celebration Honoring Military Efforts in Operation Enduring
Freedom and Operation Iraqi Freedom.--The President may, at the sole
discretion of the President--
(1) designate a day of celebration to honor the soldiers,
sailors, marines, and airmen of the Armed Forces who have
served in Operation Enduring Freedom or Operation Iraqi Freedom
and have returned to the United States; and
(2) issue a proclamation calling on the people of the
United States to observe that day with appropriate ceremonies
and activities.
(c) Participation of Armed Forces in Celebration.--
(1) Participation authorized.--Members and units of the
Armed Forces may participate in activities associated with the
day of celebration designated under subsection (b) that are
held in Washington, District of Columbia.
(2) Availability of funds.--Subject to paragraph (4),
amounts authorized to be appropriated for the Department of
Defense may be used to cover costs associated with the
participation of members and units of the Armed Forces in the
activities described in paragraph (1).
(3) Acceptance of private contributions.--(A)
Notwithstanding any other provision of law, the Secretary of
Defense may accept cash contributions from private individuals
and entities for the purposes of covering the costs of the
participation of members and units of the Armed Forces in the
activities described in paragraph (1). Amounts so accepted
shall be deposited in an account established for purposes of
this paragraph.
(B) Amounts accepted under subparagraph (A) may be used for
the purposes described in that subparagraph until expended.
(4) Limitation.--The total amount of funds described in
paragraph (2) that are available for the purpose set forth in
that paragraph may not exceed the amount equal to--
(A) $20,000,000, minus
(B) the amount of any cash contributions accepted
by the Secretary under paragraph (3).
(d) Award of Recognition Items.--
(1) Authority to award.--Under regulations prescribed by
the Secretary of Defense, appropriate recognition items may be
awarded to any individual who served honorably as a member of
the Armed Forces in Operation Enduring Freedom or Operation
Iraqi Freedom during the Global War on Terrorism. The purpose
of the award of such items is to recognize the contribution of
such individuals to the success of the United States in those
operations.
(2) Recognition items defined.--In this subsection, the
term ``recognition items'' means recognition items authorized
for presentation under section 2261 of title 10, United States
Code (as amended by section 593(a) of this Act).

SEC. 345. INCLUSION OF PACKET BASED TELEPHONY IN DEPARTMENT OF DEFENSE
TELECOMMUNICATIONS BENEFIT.

(a) Inclusion in Benefit.--Subsection (a) of section 344 of the
National Defense Authorization Act for Fiscal Year 2004 (Public Law
108-136; 117 Stat. 1448) is amended by inserting ``packet based
telephony service,'' after ``prepaid phone cards,''.
(b) Inclusion of Internet Telephony in Deployment of Additional
Telephone Equipment.--Subsection (e) of such section is amended--
(1) by inserting ``or Internet service'' after ``additional
telephones'';
(2) by inserting ``or packet based telephony'' after ``to
facilitate telephone''; and
(3) by inserting ``or Internet access'' after
``installation of telephones''.
(c) Conforming Amendments.--Such section is further amended--
(1) in the subsection caption of subsection (a), by
striking ``Prepaid Phone Cards'' and inserting ``Benefit''; and
(2) in the subsection caption of subsection (e), by
inserting ``or Internet Access'' after ``Telephone Equipment''.

SEC. 346. REPORT ON EFFECTS OF WINDMILL FARMS ON MILITARY READINESS.

(a) Finding.--Congress finds that the Ministry of Defence of the
United Kingdom has determined, as a result of a recently conducted
study of the effect of windmill farms on military readiness, not to
permit construction of windmill farms within 30 kilometers of military
radar installations.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the effects of windmill farms on military
readiness, including an assessment of the effects on the operations of
military radar installations of the proximity of windmill farms to such
installations and of technologies that could mitigate any adverse
effects on military operations identified.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

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

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

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

Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2006, as follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 73,100.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,800.
(6) The Air Force Reserve, 74,000.
(7) The Coast Guard Reserve, 10,000.
(b) Adjustments.--The end strengths prescribed by subsection (a)
for the Selected Reserve of any reserve component shall be
proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such
fiscal year for the Selected Reserve of such reserve component shall be
proportionately increased by the total authorized strengths of such
units and by the total number of such individual members.

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

Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2006, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 27,396.
(2) The Army Reserve, 15,270.
(3) The Naval Reserve, 13,392.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 13,123.
(6) The Air Force Reserve, 2,290.

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).

The minimum number of military technicians (dual status) as of the
last day of fiscal year 2006 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army Reserve, 7,649.
(2) For the Army National Guard of the United States,
25,563.
(3) For the Air Force Reserve, 9,852
(4) For the Air National Guard of the United States,
22,971.

SEC. 414. FISCAL YEAR 2006 LIMITATIONS ON NON-DUAL STATUS TECHNICIANS.

(a) Limitations.--(1) Within the limitation provided in section
10217(c)(2) of title 10, United States Code, the number of non-dual
status technicians employed by the National Guard as of September 30,
2006, may not exceed the following:
(A) For the Army National Guard of the United States,
1,600.
(B) For the Air National Guard of the United States, 350.
(2) The number of non-dual status technicians employed by the Army
Reserve as of September 30, 2006, may not exceed 695.
(3) The number of non-dual status technicians employed by the Air
Force Reserve as of September 30, 2006, may not exceed 90.
(b) Non-Dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given the term in
section 10217(a) of title 10, United States Code.

Subtitle C--Authorizations of Appropriations

SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.

There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 2006 a total of
$109,179,601,000. The authorization in the preceding sentence
supersedes any other authorization of appropriations (definite or
indefinite) for such purpose for fiscal year 2006.

SEC. 422. ARMED FORCES RETIREMENT HOME.

There is hereby authorized to be appropriated for fiscal year 2006
from the Armed Forces Retirement Home Trust Fund the sum of $58,281,000
for the operation of the Armed Forces Retirement Home.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

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

(a) Distribution Limitations.--Section 525 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(e) In determining the total number of general officers or flag
officers of an armed force on active duty for purposes of this section,
an officer of that armed force in the grade of brigadier general or
above, or an officer in the grade of rear admiral (lower half) or above
in the Navy, who is on leave pending the separation, retirement, or
release of such officer from active duty shall not be counted, but only
during the 60-day period beginning on the date of the commencement of
leave of such officer.''.
(b) Active Duty Strength Limitations.--
(1) In general.--Section 526 of such title is amended by
adding at the end the following new subsection:
``(e) Exclusion of Certain Officers on Leave Pending Separation or
Retirement.--The limitations of this section do not apply to general or
flag officers on leave pending separation, retirement, or release from
active duty as described in section 525(e) of this title.''.
(2) Conforming amendment.--The heading of subsection (d) of
such section is amended by striking ``Certain Officers'' and
inserting ``Certain Reserve Officers on Active Duty''.

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

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

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

(a) Officers on Active Duty List.--Section 614(b) of title 10,
United States Code, is amended by inserting ``the date before'' after
``not later than''.
(b) Officers on Reserve Active-Status List.--Section 14106 of such
title is amended by inserting ``the date before'' after ``not later
than''.
(c) Effective Date.--The amendments made by this section shall take
effect on March 1, 2006, and shall apply with respect to selection
boards convened on or after that date.

SEC. 504. FURNISHING TO PROMOTION SELECTION BOARDS OF ADVERSE
INFORMATION ON OFFICERS ELIGIBLE FOR PROMOTION TO CERTAIN
SENIOR GRADES.

(a) Officers on Active-Duty List.--
(1) In general.--Section 615(a) of title 10, United States
Code, is amended--
(A) by redesignating paragraphs (3), (4), (5), and
(6) as paragraphs (4), (5), (6), and (7), respectively;
and
(B) by inserting after paragraph (2) the following
new paragraph (3):
``(3) In the case of an eligible officer considered for promotion
to the grade of lieutenant colonel, or commander in the case of the
Navy, or above, any information of an adverse nature, including any
substantiated adverse finding or conclusion from an officially
documented investigation or inquiry, shall be furnished to the
selection board in accordance with standards and procedures set out in
the regulations prescribed by the Secretary of Defense pursuant to
paragraph (1).''.
(2) Conforming amendments.--Such section is further
amended--
(A) in paragraph (4), as redesignated by paragraph
(1)(A) of this subsection, by striking ``paragraph
(2)'' and inserting ``paragraphs (2) and (3)'';
(B) in paragraph (5), as so redesignated, by
striking ``and (3)'' and inserting ``, (3), and (4)'';
(C) in paragraph (6), as so redesignated--
(i) in the matter preceding subparagraph
(A), by inserting ``, or in paragraph (3),''
after ``paragraph (2)''; and
(ii) in subparagraph (B), by inserting ``or
(3), as applicable'' after ``paragraph (2)'';
and
(D) in subparagraph (A) of paragraph (7), as so
redesignated, by inserting ``or (3)'' after ``paragraph
(2)(B)''.
(b) Reserve Officers.--
(1) In general.--Section 14107(a) of title 10, United
States Code, is amended--
(A) by redesignating paragraphs (3), (4), (5), and
(6) as paragraphs (4), (5), (6), and (7), respectively;
and
(B) by inserting after paragraph (2) the following
new paragraph (3):
``(3) In the case of an eligible officer considered for promotion
to the grade of lieutenant colonel, or commander in the case of the
Navy, or above, any information of an adverse nature, including any
substantiated adverse finding or conclusion from an officially
documented investigation or inquiry, shall be furnished to the
selection board in accordance with standards and procedures set out in
the regulations prescribed by the Secretary of Defense pursuant to
paragraph (1).''.
(2) Conforming amendments.--Such section is further
amended--
(A) in paragraph (4), as redesignated by paragraph
(1)(A) of this subsection, by striking ``paragraph
(2)'' and inserting ``paragraphs (2) and (3)'';
(B) in paragraph (5), as so redesignated, by
striking ``and (3)'' and inserting ``, (3), and (4)'';
(C) in paragraph (6), as so redesignated--
(i) in the matter preceding subparagraph
(A), by inserting ``, or in paragraph (3),''
after ``paragraph (2)''; and
(ii) in subparagraph (B), by inserting ``or
(3), as applicable'' after ``paragraph (2)'';
and
(D) in subparagraph (A) of paragraph (7), as so
redesignated, by inserting ``or (3)'' after ``paragraph
(2)(B)''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2006, and shall apply with respect to promotion
selection boards convened on or after that date.

SEC. 505. GRADES OF THE JUDGE ADVOCATES GENERAL.

(a) Judge Advocate General of the Army.--Section 3037(a) of title
10, United States Code, is amended by striking the last sentence and
inserting the following new sentences: ``The Judge Advocate General,
while so serving, has the grade of lieutenant general. An officer
appointed as Assistant Judge Advocate General who holds a lower regular
grade shall be appointed in the regular grade of major general.''.
(b) Judge Advocate General of the Navy.--Section 5148(b) of such
title is amended by striking the last sentence and inserting the
following new sentence: ``The Judge Advocate General, while so serving,
has the grade of vice admiral or lieutenant general, as appropriate.''.
(c) Judge Advocate General of the Air Force.--Section 8037(a) of
such title is amended by striking the last sentence and inserting the
following new sentence: ``The Judge Advocate General, while so serving,
has the grade of lieutenant general.''.
(d) Exclusion From Limitation on General and Flag Officer
Distribution.--Section 525(b) of such title is amended by adding at the
end the following new paragraph:
``(9) An officer while serving as the Judge Advocate General of the
Army, the Judge Advocate General of the Navy, or the Judge Advocate
General of the Air Force is in addition to the number that would
otherwise be permitted for that officer's armed force for officers
serving on active duty in grades above major general or rear admiral
under paragraph (1) or (2), as the case may be.''.

SEC. 506. TEMPORARY EXTENSION OF AUTHORITY TO REDUCE MINIMUM LENGTH OF
COMMISSIONED SERVICE FOR VOLUNTARY RETIREMENT AS AN
OFFICER.

(a) Army.--Section 3911(b) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) in paragraph (1), as so designated, by striking ``,
during the period beginning on October 1, 1990, and ending on
December 31, 2001,''; and
(3) by adding at the end the following new paragraph:
``(2) The authority in paragraph (1) may be exercised during the
period beginning on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2006 and ending on December 31,
2008.''.
(b) Navy and Marine Corps.--Section 6323(a)(2) of such title is
amended--
(1) by inserting ``(A)'' after ``(2)'';
(2) in subparagraph (A), as so designated, by striking ``,
during the period beginning on October 1, 1990, and ending on
December 31, 2001,''; and
(3) by adding at the end the following new subparagraph:
``(B) The authority in subparagraph (A) may be exercised during the
period beginning on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2006 and ending on December 31,
2008.''.
(c) Air Force.--Section 8911(b) of such title is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) in paragraph (1), as so designated, by striking ``,
during the period beginning on October 1, 1990, and ending on
December 31, 2001,''; and
(3) by adding at the end the following new paragraph:
``(2) The authority in paragraph (1) may be exercised during the
period beginning on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2006 and ending on December 31,
2008.''.

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

(a) Line Officers.--Paragraph (1) of section 12004(c) of title 10,
United States Code, is amended in the item in the table relating to
Line officers by striking ``28'' and inserting ``33''.
(b) Medical Department Staff Corps Officers.--Such paragraph is
further amended in the item in the table relating to the Medical
Department staff corps officers by striking ``9'' and inserting ``5''.
(c) Supply Corps Officers.--Paragraph (2)(A) of such section is
amended by striking ``seven'' and inserting ``six''.
(d) Conforming Amendment.--Paragraph (1) of such section is further
amended in the matter preceding the table by striking ``39'' and
inserting ``40''.

SEC. 508. UNIFORM AUTHORITY FOR DEFERMENT OF SEPARATION OF RESERVE
GENERAL AND FLAG OFFICERS FOR AGE.

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

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

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
officers 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.''.

Subtitle B--Enlisted Personnel Policy

SEC. 521. UNIFORM CITIZENSHIP OR RESIDENCY REQUIREMENTS FOR ENLISTMENT
IN THE ARMED FORCES.

(a) Uniform Requirements.--Section 504 of title 10, United States
Code, is amended--
(1) by inserting ``(a) Insanity, Desertion, Felons, Etc..--
'' before ``No person''; and
(2) by adding at the end the following new subsection:
``(b) Citizenship or Residency.--(1) No person may be enlisted in
any armed force unless such person is a citizen or national of the
United States, a habitual resident of the Federal States of Micronesia,
the Republic of Palau, or the Republic of the Marshall Islands, or has
been lawfully admitted to the United States for permanent residence
under the applicable provisions of the Immigration and Nationality Act
(8 U.S.C. 1101 et seq.).
``(2) The Secretary concerned may waive the applicability of
paragraph (1) to a person if such Secretary determines that the
enlistment of such person is vital to the national interest.''.
(b) Repeal of Superseded Limitations for the Army and Air Force.--
Sections 3253 and 8253 of such title are repealed.
(c) Clerical Amendments.--
(1) The table of sections at the beginning of chapter 333
of such title is amended by striking the item relating to
section 3253.
(2) The table of sections at the beginning of chapter 833
of such title is amended by striking the item relating to
section 8253.

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.

SEC. 523. REPORT ON INFORMATION ON STOP LOSS AUTHORITIES GIVEN TO
ENLISTEES IN THE ARMED FORCES.

(a) Findings.--Congress makes the following findings:
(1) The Department of Defense began retaining selected
members of the Armed Forces beyond their contractual date of
separation from the Armed Forces, a policy commonly known as
``stop loss'', shortly after the events of September 11, 2001,
and for the first time since Operation Desert Shield/Desert
Storm.
(2) The Marine Corps, Navy, and Air Force discontinued
their use of stop loss authority in 2003. According to the
Department of Defense, a total of 8,992 marines, 2,600 sailors,
and 8,500 airmen were kept beyond their separation dates under
that authority.
(3) The Army is the only Armed Force currently using stop
loss authority. The Army reports that, during September 2005,
it was retaining 6,929 regular component soldiers, 3,002
soldiers in the National Guard, and 2,847 soldiers in the Army
Reserve beyond their separation date. The Army reports that it
has not kept an account of the cumulative number of soldiers
who have been kept beyond their separation date.
(4) The Department of Defense Form 4/1, Enlistment/
Reenlistment Document does not give notice to enlistees and
reenlistees in the regular components of the Armed Forces that
they may be kept beyond their contractual separation date
during times of partial mobilization.
(5) The Department of Defense has an obligation to clearly
communicate to all potential enlistees and reenlistees in the
Armed Forces their terms of service in the Armed Forces.
(b) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on the
actions being taken to ensure that each individual being
recruited for service in the Armed Forces is provided, before
making a formal enlistment in the Armed Forces, precise and
detailed information on the period or periods of service to
which such individual may be obligated by reason of enlistment
in the Armed Forces, including any revisions to Department of
Defense Form 4/1.
(2) Elements.--The report under paragraph (1) shall
include--
(A) a description of how the Department informs
enlistees in the Armed Forces on--
(i) the so-called ``stop loss'' authority
and the manner in which exercise of such
authority could affect the duration of an
individual's service on active duty in the
Armed Forces;
(ii) the authority for the call or order to
active duty of members of the Individual Ready
Reserve and the manner in which such a call or
order to active duty could affect an individual
following the completion of the individual's
expected period of service on active duty or in
the Individual Ready Reserve; and
(iii) any other authorities applicable to
the call or order to active duty of the
Reserves, or of the retention of members of the
Armed Forces on active duty, that could affect
the period of service of an individual on
active duty or in the Armed Forces; and
(B) such other information as the Secretary
considers appropriate.

Subtitle C--Reserve Component Personnel Matters

SEC. 531. REQUIREMENTS FOR PHYSICAL EXAMINATIONS AND MEDICAL AND DENTAL
READINESS FOR MEMBERS OF THE SELECTED RESERVE NOT ON
ACTIVE DUTY.

(a) In General.--Subsection (a) of section 10206 of title 10,
United States Code, is amended--
(1) in paragraph (1), by striking ``examined'' and all that
follows through the semicolon and inserting ``provided a
comprehensive physical examination on an annual basis;''; and
(2) in paragraph (2), by striking ``annually to the
Secretary concerned'' and all that follows and inserting ``to
the Secretary concerned on an annual basis documentation of the
medical and dental readiness of the member to perform military
duties.''.
(b) Conforming Amendment.--The heading of such section is amended
by striking ``periodic''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 1007 of such title is amended by striking ``periodic''.

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

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

SEC. 533. PROCEDURES FOR SUSPENDING FINANCIAL ASSISTANCE AND
SUBSISTENCE ALLOWANCE FOR SENIOR ROTC CADETS AND
MIDSHIPMEN ON THE BASIS OF HEALTH-RELATED CONDITIONS.

(a) Requirements.--Section 2107 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(j)(1) Payment of financial assistance under this section for,
and payment of a monthly subsistence allowance under section 209 of
title 37 to, a cadet or midshipman appointed under this section may be
suspended on the basis of health-related incapacity of the cadet or
midshipman only in accordance with regulations prescribed under
paragraph (2).
``(2) The Secretary of Defense shall prescribe in regulations the
policies and procedures for suspending payments under paragraph (1).
The regulations shall apply uniformly to all of the military
departments. The regulations shall include the following matters:
``(A) The standards of health-related fitness that are to
be applied.
``(B) Requirements for--
``(i) the health-related condition and prognosis of
a cadet or midshipman to be determined, in relation to
the applicable standards prescribed under subparagraph
(A), by a health care professional on the basis of a
medical examination of the cadet or midshipman; and
``(ii) the Secretary concerned to take into
consideration the determinations made under clause (i)
with respect to such condition in deciding whether to
suspend payment in the case of such cadet or midshipman
on the basis of that condition.
``(C) A requirement for the Secretary concerned to transmit
to a cadet or midshipman proposed for suspension under this
subsection a notification of the proposed suspension together
with the determinations made under subparagraph (B)(i) in the
case of the proposed suspension.
``(D) A procedure for a cadet or midshipman proposed for
suspension under this subsection to submit a written response
to the proposal for suspension, including any supporting
information.
``(E) Requirements for--
``(i) one or more health-care professionals to
review, in the case of such a response of a cadet or
midshipman, each health-related condition and prognosis
addressed in the response, taking into consideration
the matters submitted in such response; and
``(ii) the Secretary concerned to take into
consideration the determinations made under clause (i)
with respect to such condition in making a final
decision regarding whether to suspend payment in the
case of such cadet or midshipman on the basis of that
condition, and the conditions under which such
suspension may be lifted.''.
(b) Time for Promulgation of Regulations.--The Secretary of Defense
shall prescribe the regulations required under subsection (j) of
section 2107 of title 10, United States Code (as added by subsection
(a)), not later than May 1, 2006.

SEC. 534. INCREASE IN MAXIMUM NUMBER OF ARMY RESERVE AND ARMY NATIONAL
GUARD CADETS UNDER RESERVE OFFICERS' TRAINING CORPS.

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

SEC. 535. MODIFICATION OF EDUCATIONAL ASSISTANCE FOR RESERVES
SUPPORTING CONTINGENCY AND OTHER OPERATIONS.

(a) Official Receiving Elections of Benefits.--Section 16163(e) of
title 10, United States Code, is amended by striking ``Secretary
concerned'' and inserting ``Secretary of Veterans Affairs''.
(b) Exception to Immediate Termination of Assistance.--Section
16165 of such title is amended--
(1) by striking ``Educational assistance'' and inserting
``(a) In General.--Except as provided in subsection (b),
educational assistance''; and
(2) by adding at the end the following new subsection:
``(b) Exception.--Under regulations prescribed by the Secretary of
Defense, educational assistance may be provided under this chapter to a
member of the Selected Reserve of the Ready Reserve who incurs a break
in service in the Selected Reserve of not more than 90 days if the
member continues to serve in the Ready Reserve during and after such
break in service.''.

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

Section 517(a) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
1884; 10 U.S.C. 10101 note) is amended by striking ``, which date'' and
all that follows through the end and inserting a period.

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

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

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 feasibility 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, 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.

SEC. 539. COMMENCEMENT OF RECEIPT OF NON-REGULAR SERVICE RETIRED PAY BY
MEMBERS OF THE READY RESERVE ON ACTIVE FEDERAL STATUS OR
ACTIVE DUTY FOR SIGNIFICANT PERIODS.

(a) Reduced Eligibility Age.--Section 12731 of title 10, United
States Code, is amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) has attained the eligibility age applicable under
subsection (f) to that person;''; and
(2) by adding at the end the following new subsection:
``(f)(1) Subject to paragraph (2), the eligibility age for purposes
of subsection (a)(1) is 60 years of age.
``(2)(A) In the case of a person who as a member of the Ready
Reserve serves on active duty or performs active service described in
subparagraph (B) after September 11, 2001, the eligibility age for
purposes of subsection (a)(1) shall be reduced below 60 years of age by
three months for each aggregate of 90 days on which such person so
performs in any fiscal year after such date, subject to subparagraph
(C). A day of duty may be included in only one aggregate of 90 days for
purposes of this subparagraph.
``(B)(i) Service on active duty described in this subparagraph is
service on active duty pursuant to a call or order to active duty under
a provision of law referred to in section 101(a)(13)(B) of this title
in support of a contingency operation. Such service does not include
service on active duty pursuant to a call or order to active duty under
section 12310 of this title.
``(ii) Active service described in this subparagraph is service
under a call to active service authorized by the President or the
Secretary of Defense under section 502(f) of title 32 for purposes of
responding to a national emergency declared by the President or
supported by Federal funds.
``(C) The eligibility age for purposes of subsection (a)(1) may not
be reduced below 50 years of age for any person under subparagraph
(A).''.
(b) Continuation of Age 60 as Minimum Age for Eligibility of Non-
Regular Service Retirees for Health Care.--Section 1074(b) of such
title is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2) Paragraph (1) does not apply to a member or former member
entitled to retired pay for non-regular service under chapter 1223 of
this title who is under 60 years of age.''.
(c) Administration of Related Provisions of Law or Policy.--With
respect to any provision of law, or of any policy, regulation, or
directive of the executive branch that refers to a member or former
member of the uniformed services as being eligible for, or entitled to,
retired pay under chapter 1223 of title 10, United States Code, but for
the fact that the member or former member is under 60 years of age,
such provision shall be carried out with respect to that member or
former member by substituting for the reference to being 60 years of
age a reference to having attained the eligibility age applicable under
subsection (f) of section 12731 of title 10, United States Code (as
added by subsection (a)), to such member or former member for
qualification for such retired pay under subsection (a) of such
section.
(d) Effective Date and Applicability.--The amendment made by
subsection (a) shall take effect as of September 11, 2001, and shall
apply with respect to applications for retired pay that are submitted
under section 12731(a) of title 10, United States Code, on or after the
date of the enactment of this Act.

SEC. 540. 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.

SEC. 541. ELIGIBILITY OF UNITED STATES NATIONALS FOR APPOINTMENT TO THE
SENIOR RESERVE OFFICERS' TRAINING CORPS.

(a) In General.--Section 2107(b)(1) of title 10, United States
Code, is amended by inserting ``or national'' after ``citizen''.
(b) Army Reserve Officers Training Programs.--Section
2107a(b)(1)(A) of such title is amended by inserting ``or national''
after ``citizen''.
(c) Eligibility for Appointment as Commissioned 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''.

SEC. 542. 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.

SEC. 543. SENSE OF SENATE ON CERTAIN MATTERS RELATING TO THE NATIONAL
GUARD AND RESERVES.

It is the sense of the Senate--
(1) to recognize the important and integral role played by
members of the Active Guard and Reserve and military
technicians (dual status) in the efforts of the Armed Forces;
and
(2) to urge the Secretary of Defense to promptly resolve
issues relating to appropriate authority for payment of
reenlistment bonuses stemming from reenlistment contracts
entered into between January 14, 2005, and April 17, 2005,
involving members of the Army National Guard and military
technicians (dual status).

Subtitle D--Military Justice and Related Matters

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

(a) Unlimited Period for Murder and Rape.--Subsection (a) of
section 843 of title 10, United States Code (article 43 of the Uniform
Code of Military Justice), is amended by striking ``or with any
offense'' and inserting ``with murder or rape, or with any other
offense''.
(b) Extended Period for Child Abuse.--Subsection (b)(2) of such
section (article) is amended--
(1) in subparagraph (A), by striking ``before the child
attains the age of 25 years'' and all that follows through the
period and inserting ``by an officer exercising summary court-
martial jurisdiction with respect to that person during the
life of the victim or the date that is five years after the
date of the offense, whichever is the later date.'';
(2) in subparagraph (B)--
(A) in the matter preceding clause (i), by striking
``sexual or physical''; and
(B) in clause (v), by striking ``Indecent
assault,'' and inserting ``Kidnapping, indecent
assault,''; and
(3) by adding at the end the following new subparagraph:
``(C) In subparagraph (A), the term `child abuse offense' also
includes an act that involves abuse of a person who has not attained
the age of 18 years and would constitute an offense under chapter 110
or 117 or section 1591 of title 18.''.

SEC. 552. ESTABLISHMENT OF OFFENSE OF STALKING.

(a) Establishment of Offense.--Subchapter X of chapter 47 of title
10, United States Code (the Uniform Code of Military Justice), is
amended by inserting after section 893 (article 93) the following new
section (article):
``Sec. 893a. Art. 93a. Stalking
``(a) Any person subject to this chapter--
``(1) who wrongfully engages in a course of conduct
directed at a specific person that would cause a reasonable
person to fear death or bodily harm, including sexual assault,
to himself or herself or a member of his or her immediate
family;
``(2) who has knowledge, or should have knowledge, that the
specific person will be placed in reasonable fear of death or
bodily harm, including sexual assault, to himself or herself or
a member of his or her immediate family; and
``(3) whose acts induce reasonable fear in the specific
person of death or bodily harm, including sexual assault, to
himself or herself or to a member of his or her immediate
family,
is guilty of stalking and shall be punished as a court-martial may
direct.
``(b) For purposes of this section:
``(1) The term `course of conduct' means--
``(A) a repeated maintenance of visual or physical
proximity to a specific person; or
``(B) a repeated conveyance of verbal threat,
written threats, or threats implied by conduct, or a
combination of such threats, directed at or toward a
specific person.
``(2) The term `repeated', with respect to conduct, means
two or more occasions of such conduct.
``(3) The term `immediate family', in the case of a
specific person, means a spouse, parent, child, or sibling of
the person, or any other family member or relative of the
person who regularly resides in the household of the person or
who within the six months preceding the commencement of the
course of conduct regularly resided in the household of the
person.''.
(b) Clerical amendment.--The table of sections at the beginning of
subchapter X of such chapter is amended by inserting after the item
relating to section 893 (article 93) the following new item:

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

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

Section 1044 of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d)(1) Notwithstanding any law regarding the licensure of
attorneys, a judge advocate or civilian attorney who is authorized to
provide military legal assistance is authorized to provide that
assistance in any jurisdiction, subject to such regulations as may be
prescribed by the Secretary concerned.
``(2) Military legal assistance may be provided only by a judge
advocate or a civilian attorney who is a member of the bar of a Federal
court or of the highest court of a State.
``(3) In this subsection, the term `military legal assistance'
includes--
``(A) legal assistance provided under this section; and
``(B) legal assistance contemplated by sections 1044a,
1044b, 1044c, and 1044d of this title.''.

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

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

SEC. 555. REPORTS BY OFFICERS AND SENIOR ENLISTED PERSONNEL OF MATTERS
RELATING TO VIOLATIONS OR ALLEGED VIOLATIONS OF CRIMINAL
LAW.

(a) Requirement for Reports.--
(1) In general.--The Secretary of Defense shall prescribe
in regulations a requirement that each covered member of the
Armed Forces, whether on the active-duty list or on the reserve
active-status list, shall submit to an authority in the
military department concerned designated pursuant to such
regulations a timely report on any investigation, arrest,
charge, detention, adjudication, or conviction of such member
by any law enforcement authority of the United States for a
violation of a criminal law of the United States, whether or
not such member is on active duty at the time of the conduct
that provides the basis of such investigation, arrest, charge,
detention, adjudication, or conviction. The regulations shall
apply uniformly throughout the military departments.
(2) Covered members.--In this section, the term ``covered
member of the Armed Forces'' means the following:
(A) An officer.
(B) An enlisted member in the grade of E-7 or
above.
(b) Law Enforcement Authority of the United States.--For purposes
of this section, a law enforcement authority of the United States
includes--
(1) a military or other Federal law enforcement authority;
(2) a State or local law enforcement authority; and
(3) such other law enforcement authorities within the
United States as the Secretary shall specify in the regulations
prescribed pursuant to subsection (a).
(c) Criminal Law of the United States.--
(1) In general.--Except as provided in paragraph (2), for
purposes of this section, a criminal law of the United States
includes--
(A) any military or other Federal criminal law;
(B) any State, county, municipal, or local criminal
law or ordinance; and
(C) such other criminal laws and ordinances of
jurisdictions within the United States as the Secretary
shall specify in the regulations prescribed pursuant to
subsection (a).
(2) Exception.--For purposes of this section, a criminal
law of the United States shall not include a law or ordinance
specifying a minor traffic offense (as determined by the
Secretary for purposes of such regulations).
(d) Actions Subject To Report.--
(1) In general.--The regulations prescribed pursuant to
subsection (a) shall specify each action of a law enforcement
authority of the United States for which a report under that
subsection shall be required.
(2) Multiple reports on single conduct.--If the conduct of
a covered member of the Armed Forces would provide the basis
for actions of a law enforcement authority of the United States
warranting more than one report under this section, the
regulations shall specify which of such actions such be subject
to a report under this section.
(e) Timeliness of Reports.--The regulations prescribed pursuant to
subsection (a) shall establish requirements for the timeliness of
reports under this section.
(f) Forwarding of Information.--The regulations prescribed pursuant
to subsection (a) shall provide that, in the event a military
department receives information that a covered member of the Armed
Forces under the jurisdiction of another military department has become
subject to an investigation, arrest, charge, detention, adjudication,
or conviction for which a report is required by this section, the
Secretary of the military department receiving such information shall,
in accordance with such procedures as the Secretary of Defense shall
establish in such regulations, forward such information to the
authority in the military department having jurisdiction over such
member designated pursuant to such regulations.
(g) Deadline for Regulations.--The regulations required by
subsection (a), including the requirement in subsection (f), shall go
into effect not later than January 1, 2006.

SEC. 556. SENSE OF SENATE ON APPLICABILITY OF UNIFORM CODE OF MILITARY
JUSTICE TO RESERVES ON INACTIVE-DUTY TRAINING OVERSEAS.

It is the sense of the Senate that--
(1) there should be no ambiguity about the applicability of
the Uniform Code of Military Justice (UCMJ) to members of the
reserve components of the Armed Forces while serving overseas
under inactive-duty training (IDT) orders for any period of
time under such orders; and
(2) the Secretary of Defense should--
(A) take action, not later than February 1, 2006,
to clarify jurisdictional issues relating to such
applicability under section 802 of title 10, United
States Code (article 2 of the Uniform Code of Military
Justice); and
(B) if necessary, submit to Congress a proposal for
legislative action to ensure the applicability of the
Uniform Code of Military Justice to members of the
reserve components of the Armed Forces while serving
overseas under inactive-duty training orders.

Subtitle E--Military Service Academies

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

(a) Authority To Retain.--
(1) In general.--Chapter 603 of title 10, United States
Code, is amended by inserting after section 6952 the following
new section:
``Sec. 6952a. Faculty: retention of permanent military professors
``(a) Retirement for Years of Service.--(1) Except as provided in
subsection (b), an officer serving as a permanent military professor at
the Naval Academy in the grade of commander who is not on a list of
officers recommended for promotion to the grade of captain shall, if
not earlier retired, be retired on the first day of the month after the
month in which the officer completes 28 years of active commissioned
service.
``(2) Except as provided in subsection (b), an officer serving as a
permanent military professor at the Naval Academy in the grade of
captain who is not on a list of officers recommended for promotion to
the grade of rear admiral (lower half) shall, if not earlier retired,
be retired on the first day of the month after the month in which the
officer completes 30 years of active commissioned service.
``(b) Continuation on Active Duty.--(1) An officer subject to
retirement under subsection (a) may be continued on active duty by the
Secretary of the Navy after the date otherwise provided for retirement
under such subsection--
``(A) upon the recommendation of the Superintendent of the
Naval Academy; and
``(B) with the concurrence of the Chief of Naval
Operations.
``(2) The Secretary of the Navy shall determine the period of
continuation on active duty of an officer under this subsection.
``(c) Eligibility for Promotion.--A permanent military professor at
the Naval Academy who has been retained on active duty as a permanent
military professor after more than 28 years of active commissioned
service in the grade of commander under subsection (b) is eligible for
consideration for promotion to the grade of captain.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 6952 the following new item:

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

Subtitle F--Administrative Matters

SEC. 571. CLARIFICATION OF LEAVE ACCRUAL FOR MEMBERS ASSIGNED TO A
DEPLOYABLE SHIP OR MOBILE UNIT OR OTHER DUTY.

Subparagraph (B) of section 701(f)(1) of title 10, United States
Code, is amended to read as follows:
``(B) This subsection applies to a member who--
``(i) serves on active duty for a continuous period of at
least 120 days in an area in which the member is entitled to
special pay under section 310(a) of title 37;
``(ii) is assigned to a deployable ship or mobile unit or
to other duty designated for the purpose of this section; or
``(iii) on or after August 29, 2005, performs duty
designated by the Secretary of Defense as qualifying duty for
purposes of this subsection.''.

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

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

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.

SEC. 574. 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 member's
return from such deployment.

SEC. 575. SENSE OF THE SENATE ON NOTICE TO CONGRESS OF RECOGNITION OF
MEMBERS OF THE ARMED FORCES FOR EXTRAORDINARY ACTS OF
BRAVERY, HEROISM, AND ACHIEVEMENT.

It is the sense of the Senate that the Secretary of Defense or the
Secretary of the military department concerned should, upon awarding a
medal to a member of the Armed Forces or otherwise commending or
recognizing a member of the Armed Forces for an act of extraordinary
heroism, bravery, achievement, or other distinction, notify the
Committees on Armed Services of the Senate and the House of
Representatives, the Senators from the State in which such member
resides, and the Member of the House of Representatives from the
district in which such member resides of such extraordinary award,
commendation, or recognition.

SEC. 576. 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).''.

SEC. 577. DESIGNATION OF IKE SKELTON EARLY COMMISSIONING PROGRAM
SCHOLARSHIPS.

Section 2107a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(j) Financial assistance provided under this section to a cadet
appointed at a military junior college is designated as, and shall be
known as, an `Ike Skelton Early Commissioning Program Scholarship'.''.

Subtitle G--Defense Dependents Education Matters

SEC. 581. EXPANSION OF AUTHORIZED ENROLLMENT IN DEPARTMENT OF DEFENSE
DEPENDENTS SCHOOLS OVERSEAS.

The Defense Dependents' Education Act of 1978 (20 U.S.C. 931 et
seq.) is amended by inserting after section 1404 the following new
section:

``enrollment of certain additional children on tuition-free basis

``Sec. 1404A. (a) The Secretary of Defense may, under regulations
to be prescribed by the Secretary, authorize the enrollment in schools
of the defense dependents' education system on a tuition-free basis the
children of full-time, locally-hired employees of the Department of
Defense in an overseas area if such employees are citizens or nationals
of the United States.
``(b) The Secretary may utilize funds available for the defense
dependents' education system, including funds for construction, in
order to provide for the education of children enrolled in the defense
dependents' education system under subsection (a).''.

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

(a) Availability of Assistance.--To assist communities in making
adjustments resulting from the creation of new units and other large-
scale relocations of members of the Armed Forces between military
installations, the Secretary of Defense may make payments to local
educational agencies described in subsection (b) that, during the
period between the end of the school year preceding the fiscal year for
which the payments are authorized and the beginning of the school year
immediately preceding that school year, had an overall increase or
decrease in the number of military dependent students enrolled in
schools of such local educational agencies equal to or greater than 250
military dependent students.
(b) Eligible Local Educational Agencies.--A local educational
agency is eligible for assistance under this section for a fiscal year
only if the Secretary of Defense determines that--
(1) the local educational agency is eligible for
educational agencies assistance for the same fiscal year; and
(2) the required overall increase or decrease in the number
of military dependent students enrolled in schools of that
local educational agency, as provided in subsection (a),
occurred as a result of the relocation of military personnel
due to--
(A) the global rebasing plan of the Department of
Defense;
(B) the official creation or activation of one or
more new military units;
(C) the realignment of forces as a result of the
base closure process; or
(D) a change in the number of housing units on a
military installation.
(c) Notification.--Not later than June 30, 2006, and June 30 of
each of the next two fiscal years, the Secretary of Defense shall
notify each local educational agency that is eligible for assistance
under this section for such fiscal year of--
(1) the eligibility of the local educational agency for the
assistance; and
(2) the amount of the assistance for which that local
educational agency is eligible, as determined under subsection
(d).
(d) Amount of Assistance.--
(1) In general.--In making assistance available to local
educational agencies under this section, the Secretary of
Defense shall, in consultation with the Secretary of Education,
make assistance available to such local educational agencies
for a fiscal year on a pro rata basis based on the size of the
overall increase or decrease in the number of military and
Department of Defense civilian dependent students enrolled in
schools of those local educational agencies for such fiscal
year.
(2) Limitation.--No local educational agency may receive
more than $1,000,000 in assistance under this section for any
fiscal year.
(e) Disbursement of Funds.--The Secretary of Defense shall disburse
assistance made available under this section for a fiscal year not
later than 30 days after the date on which notification to the eligible
local educational agencies is provided pursuant to subsection (c) for
that fiscal year.
(f) Consultation.--The Secretary of Defense shall carry out this
section in consultation with the Secretary of Education.
(g) Reports.--
(1) Reports required.--Not later than May 1 of each of
2007, 2008, and 2009, the Secretary of Defense shall submit to
the congressional defense committees a report on the assistance
provided under this section during the fiscal year preceding
the date of such report.
(2) Element.--Each report on the assistance provided during
a fiscal year under this section shall include an assessment
and description of the current compliance of each local
educational agency receiving such assistance with the
requirements of the No Child Left Behind Act of 2001 (Public
Law 107-110).
(h) Funding.--Of the amount authorized to be appropriated to the
Department of Defense for fiscal years 2006, 2007, and 2008 for
operation and maintenance for Defense-wide activities, $15,000,000
shall be available for each such fiscal year only for the purpose of
providing assistance to local educational agencies under this section.
(i) Termination.--The authority of the Secretary of Defense to
provide financial assistance under this section shall expire on
September 30, 2008.
(j) Definitions.--In this section:
(1) The term ``base closure process'' means the 2005 base
closure and realignment process authorized by Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) or any base closure
and realignment process conducted after the date of the
enactment of this Act under section 2687 of title 10, United
States Code, or any other similar law enacted after that date.
(2) The term ``educational agencies assistance'' means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 20 U.S.C. 7703 note).
(3) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(4) The term ``military dependent students'' refers to--
(A) elementary and secondary school students who
are dependents of members of the Armed Forces; and
(B) elementary and secondary school students who
are dependents of civilian employees of the Department
of Defense.

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

(a) Continuation of Department of Defense Program for Fiscal Year
2006.--Of the amount authorized to be appropriated pursuant to section
301(5) for operation and maintenance for Defense-wide activities,
$30,000,000 shall be available only for the purpose of providing
educational agencies assistance to local educational agencies.
(b) Notification.--Not later than June 30, 2006, the Secretary of
Defense shall notify each local educational agency that is eligible for
educational agencies assistance for fiscal year 2006 of--
(1) that agency's eligibility for the assistance; and
(2) the amount of the assistance for which that agency is
eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall disburse
funds made available under subsection (a) not later than 30 days after
the date on which notification to the eligible local educational
agencies is provided pursuant to subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 20 U.S.C. 7703 note).
(2) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(3) The term ``basic support payment'' means a payment
authorized under section 8003(b)(1) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(b)(1)).

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

Of the amount authorized to be appropriated pursuant to section
301(5) for operation and maintenance for Defense-wide activities,
$5,000,000 shall be available for payments under section 363 of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat. 1654A-77; 20
U.S.C. 7703a).

SEC. 585. PILOT PROJECTS ON PEDIATRIC EARLY LITERACY AMONG CHILDREN OF
MEMBERS OF THE ARMED FORCES.

(a) Pilot Projects Authorized.--The Secretary of Defense may
conduct pilot projects to assess the feasibility, advisability, and
utility of encouraging pediatric literacy among the children of members
of the Armed Forces utilizing the Reach Out and Read model of pediatric
early literacy.
(b) Locations.--
(1) In general.--The pilot projects conducted under
subsection (a) shall be conducted at not more than 20 military
medical treatment facilities designated by the Secretary for
purposes of this section.
(2) Co-location with certain installations.--In designating
military medical treatment facilities under paragraph (1), the
Secretary shall, to the extent practicable, designate
facilities that are located on, or co-located with, military
installations at which the mobilization or demobilization of
members of the Armed Forces occurs.
(c) Activities.--Activities under the pilot projects conducted
under subsection (a) shall include activities in accordance with the
Reach Out and Read model of pediatric early literacy as follows:
(1) The provision of training to health care providers and
other appropriate personnel on early literacy promotion.
(2) The purchase and distribution of children's books to
members of the Armed Forces, their spouses, and their children.
(3) The modification of treatment facility and clinic
waiting rooms to include a full selection of literature for
children.
(4) The dissemination to members of the Armed Forces and
their spouses of parent education materials on pediatric early
literacy.
(5) Such other activities as the Secretary considers
appropriate.
(d) Consultation.--The Secretary shall consult with the Reach Out
and Read National Center in the development and implementation of the
pilot projects conducted under this section, including in the
designation of locations of the pilot projects under subsection (b).
(e) Report.--
(1) In general.--Not later than March 1, 2007, the
Secretary shall submit to the congressional defense committees
a report on the pilot projects conducted under this section.
(2) Elements.--The report under paragraph (1) shall
include--
(A) a description of the pilot projects conducted
under this section, including the location of each
pilot project and the activities conducted under each
pilot project; and
(B) an assessment of the feasibility, advisability,
and utility of encouraging pediatric early literacy
among the children of members of the Armed Forces
utilizing the Reach Out and Read model of pediatric
early literacy.
(f) Funding.--
(1) In general.--Of the amount authorized to be
appropriated by section 301(5) for operation and maintenance
for Defense-wide activities, up to $2,000,000 may be available
for the pilot projects authorized by this section.
(2) Availability.--The amount available under paragraph (1)
shall remain available until expended.

Subtitle H--Other Matters

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

(a) Comprehensive Policy on Casualty Assistance.--
(1) Policy required.--Not later than January 1, 2006, the
Secretary of Defense shall develop and prescribe a
comprehensive policy for the Department of Defense on the
provision of casualty assistance to survivors and next of kin
of members of the Armed Forces who die during military service
(in this section referred to as ``military decedents'').
(2) Consultation.--The Secretary shall develop the policy
in consultation with the Secretaries of the military
departments, the Secretary of Veterans Affairs, and the
Secretary of Homeland Security with respect to the Coast Guard
(3) Incorporation of past experience and practice.--The
policy shall be based on--
(A) the experience and best practices of the
military departments;
(B) the recommendations of nongovernment
organizations with demonstrated expertise in responding
to the needs of survivors of military decedents; and
(C) such other matters as the Secretary of Defense
considers appropriate.
(4) Procedures.--The policy shall include procedures to be
followed by the military departments in the provision of
casualty assistance to survivors and next of kin of military
decedents. The procedures shall be uniform across the military
departments except to the extent necessary to reflect the
traditional practices or customs of a particular military
department.
(b) Elements of Policy.--The comprehensive policy developed under
subsection (a) shall address the following matters:
(1) The initial notification of primary and secondary next
of kin of the deaths of military decedents and any subsequent
notifications of next of kin warranted by circumstances.
(2) The transportation and disposition of remains of
military decedents, including notification of survivors of the
performance of autopsies.
(3) The qualifications, assignment, training, duties,
supervision, and accountability for the performance of casualty
assistance responsibilities.
(4) The relief or transfer of casualty assistance officers,
including notification to survivors and next of kin of the
reassignment of such officers to other duties.
(5) Centralized, short-term and long-term case-management
procedures for casualty assistance by each military department,
including rapid access by survivors of military decedents and
casualty assistance officers to expert case managers and
counselors.
(6) The provision, through a computer accessible Internet
website and other means and at no cost to survivors of military
decedents, of personalized, integrated information on the
benefits and financial assistance available to such survivors
from the Federal Government.
(7) The provision, at no cost to survivors of military
decedents, of legal assistance by military attorneys on matters
arising from the deaths of such decedents, including tax
matters, on an expedited, prioritized basis.
(8) The provision of financial counseling to survivors of
military decedents, particularly with respect to appropriate
disposition of death gratuity and insurance proceeds received
by surviving spouses, minor dependent children, and their
representatives.
(9) The provision of information to survivors and next of
kin of military decedents on mechanisms for registering
complaints about, or requests for, additional assistance
related to casualty assistance.
(10) Liaison with the Department of Veterans Affairs and
the Social Security Administration in order to ensure prompt
and accurate resolution of issues relating to benefits
administered by those agencies for survivors of military
decedents.
(11) Data collection regarding the incidence and quality of
casualty assistance provided to survivors of military
decedents, including surveys of such survivors and military and
civilian members assigned casualty assistance duties.
(c) Adoption by Military Departments.--Not later than March 1,
2006, the Secretary of each military department shall prescribe
regulations, or modify current regulations, on the policies and
procedures of such military department on the provision of casualty
assistance to survivors and next of kin of military decedents in order
to conform such policies and procedures to the policy developed under
subsection (a).
(d) Report on Improvement of Casualty Assistance Programs.--Not
later than May 1, 2006, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report that includes--
(1) the assessment of the Secretary of the adequacy and
sufficiency of the current casualty assistance programs of the
military departments;
(2) a plan for a system for the uniform provision to
survivors of military decedents of personalized, accurate, and
integrated information on the benefits and financial assistance
available to such survivors through the casualty assistance
programs of the military departments under subsection (c); and
(3) such recommendations for other legislative or
administrative action as the Secretary considers appropriate to
enhance and improve such programs to achieve their intended
purposes.
(e) GAO Report.--
(1) Report required.--Not later than August 1, 2006, the
Comptroller General of the United States shall submit to the
congressional defense committees a report on the evaluation by
the Comptroller General of the casualty assistance programs of
the Department of Defense and of such other departments and
agencies of the Federal Government as provide casualty
assistance to survivors and next of kin of military decedents.
(2) Assessment.--The report shall include the assessment of
the Comptroller General of the adequacy of the current policies
and procedures of, and funding for, the casualty assistance
programs covered by the report to achieve their intended
purposes.

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

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

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

(a) In General.--(1) Subchapter II of chapter 134 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 2261. Presentation of recognition items for recruitment and
retention purposes
``(a) Expenditures for Recognition Items.--Under regulations
prescribed by the Secretary of Defense, appropriated funds may be
expended--
``(1) to procure recognition items of nominal or modest
value for recruitment or retention purposes; and
``(2) to present such items--
``(A) to members of the armed forces, including
members of the reserve components of the armed forces;
and
``(B) to members of the families of members of the
armed forces, and to other individuals recognized as
providing support that substantially facilitates
service in the armed forces.
``(b) Provision of Meals and Refreshments.--For purposes of section
520c of this title and any regulation prescribed to implement that
section, functions conducted for the purpose of presenting recognition
items described in subsection (a) shall be treated as recruiting
functions, and recipients of such items shall be treated as persons who
are the objects of recruiting efforts.
``(c) Definition.--The term `recognition items of nominal or modest
value' means commemorative coins, medals, trophies, badges, flags,
posters, paintings, or other similar items that are valued at less than
$50 per item and are designed to recognize or commemorate service in
the armed forces.
``(d) Termination of Authority.--The authority under this section
shall expire December 31, 2007.''.
(2) The table of sections at the beginning of subchapter II of
chapter 134 of such title is amended by adding at the end the following
new item:

``2261. Presentation of recognition items for recruitment and retention
purposes.''.
(b) Repeal of Superseded Authorities.--
(1) Army reserve.--(A) Section 18506 of title 10, United
States Code, is repealed.
(B) The table of sections at the beginning of chapter 1805
of such title is amended by striking the item relating to
section 18506.
(2) National guard.--(A) Section 717 of title 32, United
States Code, is repealed.
(B) The table of sections at the beginning of chapter 7 of
such title is amended by striking the item relating to section
717.

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

(a) Requirement.--Not later than January 1, 2006, the Secretary of
Defense shall prescribe regulations, or modify existing regulations, on
the policies and procedures relating to personal commercial
solicitations, including the sale of life insurance and securities, on
Department of Defense installations.
(b) Repeal of Superseded Limitations.--The following provisions of
law are repealed:
(1) Section 586 of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1493).
(2) Section 8133 of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1002).

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

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

SEC. 596. AUTHORITY FOR NATIONAL DEFENSE UNIVERSITY AWARD OF DEGREE OF
MASTER OF SCIENCE IN JOINT CAMPAIGN PLANNING AND
STRATEGY.

(a) Joint Forces Staff College Program.--Section 2163 of title 10,
United States Code, is amended to read as follows:
``Sec. 2163. National Defense University: master of science degrees
``(a) Authority to Award Specified Degrees.--The President of the
National Defense University, upon the recommendation of the faculty of
the respective college or other school within the University, may
confer the master of science degrees specified in subsection (b).
``(b) Authorized Degrees.--The following degrees may be awarded
under subsection (a):
``(1) Master of science in national security strategy.--The
degree of master of science in national security strategy, to
graduates of the University who fulfill the requirements of the
program of the National War College.
``(2) Master of science in national resource strategy.--The
degree of master of science in national resource strategy, to
graduates of the University who fulfill the requirements of the
program of the Industrial College of the Armed Forces.
``(3) Master of science in joint campaign planning and
strategy.--The degree of master of science in joint campaign
planning and strategy, to graduates of the University who
fulfill the requirements of the program of the Joint Advanced
Warfighting School at the Joint Forces Staff College.
``(c) Regulations.--The authority provided by this section shall be
exercised under regulations prescribed by the Secretary of Defense.''.
(b) Clerical Amendment.--The item relating to section 2163 in the
table of sections at the beginning of chapter 108 of such title is
amended to read as follows:

``2163. National Defense University: master of science degrees.''.
(c) Effective Date.--Paragraph (3) of section 2163(b) of title 10,
United States Code, as amended by subsection (a), shall take effect for
degrees awarded after May 2005.

SEC. 597. CLARIFICATION OF CERTAIN AUTHORITIES RELATING TO THE
COMMISSION ON THE NATIONAL GUARD AND RESERVES.

(a) Nature of Commission.--Subsection (a) of section 513 of the
Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 118 Stat. 1880) is amended by inserting ``in
the legislative branch'' after ``There is established''.
(b) Pay of Members.--Subsection (e)(1) of such section is amended
striking ``except that'' and all that follows through the end and
inserting ``except that--
``(A) in applying the first sentence of subsection (a) of
section 957 of such Act to the Commission, `may' shall be
substituted for `shall'; and
``(B) in applying subsections (a), (c)(2), and (e) of
section 957 of such Act to the Commission, `level IV of the
Executive Schedule' shall be substituted for `level V of the
Executive Schedule'.''.
(c) Technical Amendment.--Subsection (c)(2)(C) of such section is
amended by striking ``section 404(a)(4)'' and inserting ``section
416(a)(4)''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 28, 2004, as if included in the enactment of the
Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005.

SEC. 598. 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 through a full-time financial services
counselor at such installation; and
``(ii) may provide such counseling at such installation by
any means elected by the Secretary from among the following:
``(I) Through members of the armed forces in grade
E-7 or above, or civilians, who provide such counseling
as part of their other duties for the armed forces or
the Department of Defense.
``(II) By contract, including contract for services
by telephone and by the Internet.
``(III) Through qualified representatives of
nonprofit organizations and agencies under formal
agreements with the Department of Defense to provide
such counseling.
``(B) In the case of any military installation not described in
subparagraph (A), the Secretary concerned shall provide counseling on
financial services under this subsection at such installation by any of
the means set forth in subparagraph (A)(ii), as elected by the
Secretary concerned.
``(3) Each financial services counselor under paragraph (2)(A)(i),
and any other individual providing counseling on financial services
under paragraph (2), shall be an individual who, by reason of
education, training, or experience, is qualified to provide helpful
counseling to members of the armed forces and their spouses on
financial services and marketing practices described in subsection
(a)(1). Such individual may be a member of the armed forces or an
employee of the Federal Government.
``(4) The Secretary concerned shall take such action as is
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.

SEC. 599. REPORT ON PREDATORY LENDING PRACTICES DIRECTED AT MEMBERS OF
THE ARMED FORCES AND THEIR DEPENDENTS.

(a) Findings.--The Senate makes the following findings:
(1) Predatory lending practices harm members of the Armed
Forces and are an increasing problem for the Armed Forces.
(2) Predatory lending practices not only hurt the financial
security of the members of the Armed Forces but, according to
the Under Secretary of Defense for Personnel and Readiness,
also threaten the operational readiness of the Armed Forces.
(3) The General Accountability Office found in an April
2005 report that the Department of Defense was not fully
utilizing tools available to the Department to curb the
predatory lending practices directed at members of the Armed
Forces.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the Department of Defense should work with financial
service regulators to protect the members of the Armed Forces
from predatory lending practices; and
(2) the Senate should consider and adopt legislation--
(A) to strengthen disclosure, education, and other
protections for members of the Armed Forces regarding
predatory lending practices; and
(B) to ensure greater cooperation between financial
services regulators and the Department of Defense on
the protection of members of the Armed Forces from
predatory lending practices.
(c) Report.--
(1) Report required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall,
in consultation with the Secretary of the Treasury, the
Chairman of the Federal Reserve, the Chairman of the Federal
Deposit Insurance Corporation, and representatives of military
charity organizations and consumer organizations, submit to the
appropriate committees of Congress a report on predatory
lending practices directed at members of the Armed Forces and
their families.
(2) Elements.--The report under paragraph (1) shall
include--
(A) a description of the prevalence of predatory
lending practices directed at members of the Armed
Forces and their families;
(B) an assessment of the effects of predatory
lending practices on members of the Armed Forces and
their families;
(C) a description of the strategy of the Department
of Defense, and of any current or planned programs of
the Department, to educate members of the Armed Forces
and their families regarding predatory lending
practices;
(D) a description of the strategy of the Department
of Defense, and of any current or planned programs of
the Department, to reduce or eliminate--
(i) the prevalence of predatory lending
practices directed at members of the Armed
Forces and their families; and
(ii) the negative effect of such practices
on members of the Armed Forces and their
families; and
(E) recommendations for additional legislative and
administrative action to reduce or eliminate predatory
lending practices directed at members of the Armed
Forces and their families.
(3) Definitions.--In this subsection:
(A) The term ``appropriate committees of Congress''
means--
(i) the Committees on Armed Services and
Banking, Housing, and Urban Affairs of the
Senate; and
(ii) the Committees on Armed Services and
Financial Services of the House of
Representatives.
(B) The term ``predatory lending practice'' means
an unfair or abusive loan or credit sale transition or
collection practice.

SEC. 599A. 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,''.

SEC. 599B. MODIFICATION OF ELIGIBILITY FOR POSITION OF PRESIDENT OF THE
NAVAL POSTGRADUATE SCHOOL.

Subsection (a) of section 7042 of title 10, United States Code, is
amended to read as follows:
``(a)(1) The President of the Naval Postgraduate School shall be
one of the following:
``(A) An officer of the Navy not below the grade of rear
admiral (lower half) who is detailed to such position.
``(B) A civilian individual having qualifications
appropriate to the position of President of the Naval
Postgraduate School who is appointed to such position.
``(2) The President of the Naval Postgraduate School shall be
detailed or assigned to such position under paragraph (1) by the
Secretary of the Navy, upon the recommendation of the Chief of Naval
Operations.
``(3) An individual assigned as President of the Naval Postgraduate
School under paragraph (1)(B) shall serve in such position for a term
of not more than five years.''.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

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

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

SEC. 602. ENHANCED AUTHORITY FOR AGENCY CONTRIBUTIONS FOR MEMBERS OF
THE ARMED FORCES PARTICIPATING IN THE THRIFT SAVINGS
PLAN.

(a) Authority To Make Contributions for Certain First-Time
Enlistees.--Section 211(d) of title 37, United States Code, is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``(i)'' after
``(A)'';
(B) by redesignating subparagraph (B) as clause
(ii) of subparagraph (A);
(C) in clause (ii) of subparagraph (A), as so
redesignated, by striking the period at the end and
inserting ``; or''; and
(D) by adding at the end the following new
subparagraph (B):
``(B) in the case of a member first enlisting in the armed
forces, the period of the member's enlistment is not less than
two years.'';
(2) in paragraph (2), by striking ``paragraph (1)'' the
first place it appears and inserting ``paragraph (1)(A)''; and
(3) by adding at the end the following new paragraph:
``(3) In the case of a member described by paragraph (1)(B), the
Secretary shall make contributions to the Fund for the benefit of the
member for each pay period of the enlistment of the member described in
that paragraph for which the member makes a contribution to the Fund
under section 8440e of title 5 (other than under subsection (d)(2)
thereof). The second sentence of paragraph (2) applies to the
Secretary's obligation to make contributions under this paragraph to
the same extent as such paragraph applies to the Secretary's obligation
to make contributions under such paragraph.''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2005.

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

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

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

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

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''.

SEC. 606. 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.

SEC. 607. INCOME REPLACEMENT PAYMENTS FOR RESERVES EXPERIENCING
EXTENDED AND FREQUENT MOBILIZATION FOR ACTIVE DUTY
SERVICE.

(a) In General.--Chapter 19 of title 37, United States Code, is
amended by adding at the end the following new section:
``Sec. 910. Replacement of lost income: involuntarily mobilized reserve
component members subject to extended and frequent active
duty service
``(a) Payment Required.--The Secretary concerned shall pay to an
eligible member of a reserve component of the armed forces an amount
equal to the monthly active-duty income differential of the member, as
determined by the Secretary. The payments shall be made on a monthly
basis.
``(b) Eligibility.--Subject to subsection (c), a reserve component
member is entitled to a payment under this section for any full month
of active duty of the member, while on active duty under an involuntary
mobilization order, following the date on which the member--
``(1) completes 180 continuous days of service on active
duty under such an order;
``(2) completes 24 months on active duty during the
previous 60 months under such an order; or
``(3) is involuntarily mobilized for service on active duty
six months or less following the member's separation from the
member's previous period of active duty.
``(c) Minimum and Maximum Payment Amounts.--(1) A payment under
this section shall be made to a member for a month only if the amount
of the monthly active-duty income differential for the month is greater
than $50.
``(2) Notwithstanding the amount determined under subsection (d)
for a member for a month, the monthly payment to a member under this
section may not exceed $3,000.
``(d) Monthly Active-Duty Income Differential.--For purposes of
this section, the monthly active-duty income differential of a member
is the difference between--
``(1) the average monthly civilian income of the member;
and
``(2) the member's total monthly military compensation.
``(e) Definitions.--In this section:
``(1) The term `average monthly civilian income', with
respect to a member of a reserve component, means the amount,
determined by the Secretary concerned, of the earned income of
the member for either the 12 months preceding the member's
mobilization or the 12 months covered by the member's most
recent Federal income tax filing, divided by 12.
``(2) The term `total monthly military compensation' means
the amount, computed on a monthly basis, of the sum of--
``(A) the amount of the regular military
compensation (RMC) of the member; and
``(B) any amount of special pay or incentive pay
and any allowance (other than an allowance included in
regular military compensation) that is paid to the
member on a monthly basis.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

``910. Replacement of lost income: involuntarily mobilized reserve
component members subject to extended and
frequent active duty service.''.
(c) Effective Date.--Section 910 of title 37, United States Code,
as added by subsection (a), shall apply for months after December 2005.
(d) Limitation on Fiscal Year 2006 Obligations.--During fiscal year
2006, obligations incurred under section 910 of title 37, United States
Code, to provide income replacement payments to involuntarily mobilized
members of a reserve component who are subject to extended and frequent
active duty service may not exceed $60,000,000.

Subtitle B--Bonuses and Special and Incentive Pays

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.

(a) Selected Reserve Reenlistment Bonus.--Section 308b(g) of title
37, United States Code, is amended by striking ``December 31, 2005''
and inserting ``December 31, 2006''.
(b) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of such title is amended by striking
``December 31, 2005'' and inserting ``December 31, 2006''.
(c) Ready Reserve Non-Prior Service Enlistment Bonus.--Section
308g(h) of such title is amended by striking ``an enlistment after
September 30, 1992.'' and inserting ``an enlistment--
``(1) during the period beginning on October 1, 1992, and
ending on September 30, 2005; or
``(2) after September 30, 2006.''.
(d) Ready Reserve Enlistment and Reenlistment Bonus.--Section
308h(g) of such title is amended by striking ``December 31, 2005'' and
inserting ``December 31, 2006''.
(e) Prior Service Enlistment Bonus.--Section 308i(f) of such title
is amended by striking ``December 31, 2005'' and inserting ``December
31, 2006''.

SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR CERTAIN HEALTH CARE PROFESSIONALS.

(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking ``December 31,
2005'' and inserting ``December 31, 2006''.
(b) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of such title is
amended by striking ``before January 1, 2006'' and inserting ``on or
before December 31, 2006''.
(c) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking ``December 31,
2005'' and inserting ``December 31, 2006''.
(d) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title is amended by striking ``December 31, 2005''
and inserting ``December 31, 2006''.
(e) Special Pay for Selected Reserve Health Professionals in
Critically Short Wartime Specialties.--Section 302g(f) of such title is
amended by striking ``December 31, 2005'' and inserting ``December 31,
2006''.
(f) Accession Bonus for Dental Officers.--Section 302h(a)(1) of
such title is amended by striking ``December 31, 2005'' and inserting
``December 31, 2006''.
(g) Accession Bonus for Pharmacy Officers.--Section 302j(a) of such
title is amended by striking ``the date of the enactment of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 and
ending on September 30, 2005'' and inserting ``October 30, 2000, and
ending on December 31, 2006''.

SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR
NUCLEAR OFFICERS.

(a) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(e) of title 37, United States Code, is
amended by striking ``December 31, 2005'' and inserting ``December 31,
2006''.
(b) Nuclear Career Accession Bonus.--Section 312b(c) of such title
is amended by striking ``December 31, 2005'' and inserting ``December
31, 2006''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
title is amended by striking ``December 31, 2005'' and inserting
``December 31, 2006''.

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

(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking ``December 31, 2005'' and
inserting ``December 31, 2006''.
(b) Assignment Incentive Pay.--Section 307a(f) of such title is
amended by striking ``December 31, 2006'' and inserting ``December 31,
2007''.
(c) Reenlistment Bonus for Active Members.--Section 308(g) of such
title is amended by striking ``December 31, 2005'' and inserting
``December 31, 2006''.
(d) Enlistment Bonus for Active Members.--Section 309(e) of such
title is amended by striking ``December 31, 2005'' and inserting
``December 31, 2006''.
(e) Retention Bonus for Members With Critical Military Skills.--
Section 323(i) of such title is amended by striking ``December 31,
2005'' and inserting ``December 31, 2006''.
(f) Accession Bonus for New Officers in Critical Skills.--Section
324(g) of such title is amended by striking ``December 31, 2005'' and
inserting ``December 31, 2006''.

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

(a) Flexible Payment.--Section 307a of title 37, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking ``monthly''; and
(B) by adding at the end the following new
sentence: ``Incentive pay payable under this section
may be paid on a monthly basis, in a lump sum, or in
installments.'';
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``The Secretary
concerned'';
(B) in paragraph (1), as so designated, by striking
``incentive pay'' in the first sentence and inserting
``the payment of incentive pay on a monthly basis'';
and
(C) by adding at the end the following new
paragraph:
``(2) The Secretary concerned shall require a member performing
service in an assignment designated under subsection (a) to enter into
a written agreement with the Secretary in order to qualify for the
payment of incentive pay on a lump sum or installment basis under this
section. The written agreement shall specify the period for which the
incentive pay will be paid to the member and, subject to subsection
(c), the amount of the lump sum, or each installment, of the incentive
pay.''; and
(3) by striking subsection (c) and inserting the following
new subsection (c):
``(c) Maximum Rate or Amount.--(1) The maximum monthly rate of
incentive pay payable to a member on a monthly basis under this section
is $1,500.
``(2) The amount of the lump sum payment of incentive pay payable
to a member on a lump sum basis under this section may not exceed an
amount equal to the product of--
``(A) the maximum monthly rate authorized under paragraph
(1) at the time of the written agreement of the member under
subsection (b)(2); and
``(B) the number of months in the period for which
incentive pay will be paid pursuant to the agreement.
``(3) The amount of each installment payment of incentive pay
payable to a member on an installment basis under this section shall be
the amount equal to--
``(A) the product of (i) a monthly rate specified in the
written agreement of the member under subsection (b)(2) (which
monthly rate may not exceed the maximum monthly rate authorized
under paragraph (1) at the time of the written agreement), and
(ii) the number of months in the period for which incentive pay
will be paid; divided by
``(B) the number of installments over such period.
``(4) If a member extends an assignment specified in an agreement
with the Secretary under subsection (b), incentive pay for the period
of the extension may be paid under this section on a monthly basis, in
a lump sum, or in installments in accordance with this section.''.
(b) Repayment.--Such section is further amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c), as amended by
subsection (a)(3) of this section, the following new subsection
(d):
``(d) Repayment of Incentive Pay.--(1)(A) A member who, pursuant to
an agreement under subsection (b)(2), receives a lump sum or
installment payment of incentive pay under this section and who fails
to complete the total period of service or other conditions specified
in the agreement voluntarily or because of misconduct, shall refund to
the United States an amount equal to the percentage of incentive pay
paid which is equal to the unexpired portion of the service divided by
the total period of service.
``(B) The Secretary concerned may waive repayment of an amount of
incentive pay under subparagraph (A), whether in whole or in part, if
the Secretary determines that conditions and circumstances warrant.
``(2) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
``(3) A discharge in bankruptcy under title 11 that is entered less
than 5 years after the termination of the agreement does not discharge
the member signing the agreement from a debt arising under paragraph
(1).''.

SEC. 616. INCREASE IN AMOUNT OF SELECTIVE REENLISTMENT BONUS FOR
CERTAIN SENIOR SUPERVISORY NUCLEAR QUALIFIED ENLISTED
PERSONNEL.

(a) In General.--Section 308 of title 37, United States Code, is
amended--
(1) by redesignating subsections (b) through (g) as
subsections (c) through (h), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b)(1) An enlisted member of the naval service who--
``(A) has completed at least ten, but not more than
fourteen, years of active duty;
``(B) is currently qualified for duty in connection with
the supervision, operation, and maintenance of naval nuclear
propulsion plants;
``(C) is qualified in a military skill designated as
critical by the Secretary of Defense; and
``(D) reenlists or voluntarily extends the member's
enlistment for a period of at least three years in the regular
component of the naval service,
may be paid a bonus as provided in paragraph (2).
``(2) The bonus to be paid a member under paragraph (1) may not
exceed the lesser of the following amounts:
``(A) The amount determined with respect to the member in
accordance with subsection (a)(2)(A).
``(B) $75,000.
``(3) Subsection (a)(3) applies to the computation under paragraph
(2)(A) of any bonus payable under this subsection.
``(4) Subsection (a)(4) applies to the payment of any bonus payable
under this subsection.''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2005, and shall apply with respect to
reenlistments or voluntary extensions of enlistments that occur on or
after that date.

SEC. 617. CONSOLIDATION AND MODIFICATION OF BONUSES FOR AFFILIATION OR
ENLISTMENT IN THE SELECTED RESERVE.

(a) Consolidation and Modification of Bonuses.--Section 308c of
title 37, United States Code, is amended to read as follows:
``Sec. 308c. Special pay: bonus for affiliation or enlistment in the
Selected Reserve
``(a) Affiliation Bonus Authorized.--Under regulations prescribed
by the Secretary of Defense, the Secretary concerned may pay an
affiliation bonus to an enlisted member of an armed force who--
``(1) has completed fewer than 20 years of military
service; and
``(2) executes a written agreement to serve in the Selected
Reserve of the Ready Reserve of an armed force for a period of
not less than three years in a skill, unit, or pay grade
designated under subsection (b) after being discharged or
released from active duty under honorable conditions.
``(b) Designation of Skills, Units, and Pay Grades.--The Secretary
concerned shall designate the skills, units, and pay grades for which
an affiliation bonus may be paid under subsection (a). Any skill, unit,
or pay grade so designated shall be a skill, unit, or pay grade for
which there is a critical need for personnel in the Selected Reserve of
the Ready Reserve of an armed force, as determined by the Secretary
concerned.
``(c) Accession Bonus Authorized.--Under regulations prescribed by
the Secretary of Defense, the Secretary concerned may pay an accession
bonus to a person who--
``(1) has not previously served in the armed forces; and
``(2) executes a written agreement to serve as an enlisted
member in the Selected Reserve of the Ready Reserve of an armed
force for a period of not less than three years upon acceptance
of the agreement by the Secretary concerned.
``(d) Limitation on Amount of Bonus.--The amount of a bonus under
subsection (a) or (c) may not exceed $10,000.
``(e) Payment Method.--Upon acceptance of a written agreement by
the Secretary concerned, the total amount of the bonus payable under
the agreement becomes fixed. The agreement shall specify whether the
bonus shall be paid by the Secretary concerned in a lump sum or in
installments.
``(f) Continued Entitlement to Bonus Payments.--A member entitled
to a bonus under this section who is called or ordered to active duty
shall be paid, during that period of active duty, any amount of the
bonus that becomes payable to the member during that period of active
duty.
``(g) Repayment for Failure to Commence or Complete Obligated
Service.--(1) An individual who, after being paid all or part of a
bonus under an agreement under subsection (a) or (c), does not commence
to serve in the Selected Reserve or does not satisfactorily participate
in the Selected Reserve for the total period of service specified in
such agreement shall repay to the United States the amount of such
bonus so paid, except as otherwise prescribed under paragraph (2).
``(2) The Secretary concerned shall prescribe in regulations
whether repayment of an amount otherwise required under paragraph (1)
shall be made in whole or in part, the method for computing the amount
of such repayment, and any conditions under which an exception to
required repayment would apply.
``(3) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States. A
discharge in bankruptcy under title 11 that is entered less than five
years after the termination of an agreement entered into under
subsection (a) or (c) does not discharge the individual signing the
agreement from a debt arising under such agreement or under paragraph
(1).
``(h) Termination of Bonus Authority.--No bonus may be paid under
this section with respect to any agreement entered into under
subsection (a) or (c) after December 31, 2006.''.
(b) Repeal of Superseded Affiliation Bonus Authority.--Section 308e
of such title is repealed.
(c) Clerical Amendments.--The table of sections at the beginning of
chapter 5 of such title is amended--
(1) by striking the item relating to section 308c and
inserting the following new item:

``308c. Special pay: bonus for affiliation or enlistment in the
Selected Reserve.'';
and
(B) by striking the item relating to section 308e.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2005, and shall apply with respect to agreements
entered into under section 308c of title 37, United States Code (as
amended by subsection (a)), on or after that date.

SEC. 618. EXPANSION AND ENHANCEMENT OF SPECIAL PAY FOR ENLISTED MEMBERS
OF THE SELECTED RESERVE ASSIGNED TO CERTAIN HIGH PRIORITY
UNITS.

(a) Eligibility for Pay.--Subsection (a) of section 308d of title
37, United States Code, is amended by striking ``an enlisted member''
and inserting ``a member''.
(b) Amount of Pay.--Such subsection is further amended by striking
``$10'' and inserting ``$50''.
(c) Conforming and Clerical Amendments.--
(1) Conforming amendment.--The heading of such section is
amended to read as follows:
``Sec. 308d. Special pay: members of the Selected Reserve assigned to
certain high priority units''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by striking the
item relating to section 308d and inserting the following new
item:

``308d. Special pay: members of the Selected Reserve assigned to
certain high priority units.''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2005, and shall apply to inactive-duty training
performed on or after that date.

SEC. 619. RETENTION INCENTIVE AND ASSIGNMENT BONUS FOR MEMBERS OF THE
SELECTED RESERVE QUALIFIED IN A CRITICAL MILITARY SKILL
OR WHO VOLUNTEER FOR ASSIGNMENT TO A HIGH PRIORITY UNIT.

(a) Bonus Authorized.--
(1) In general.--Chapter 5 of title 37, United States Code,
is amended by inserting after section 308j the following new
section:
``Sec. 308k. Special pay: retention incentive bonus for members of the
Selected Reserve qualified in a critical military skill;
assignment bonus for members of the Selected Reserve who
volunteer for assignment to a high priority unit
``(a) Bonuses Authorized.--(1) An eligible officer or enlisted
member of the armed forces may be paid a retention bonus as provided in
this section if--
``(A) in the case of an officer or warrant officer, the
member executes a written agreement to remain in the Selected
Reserve for at least 2 years;
``(B) in the case of an enlisted member, the member
reenlists or voluntarily extends the member's enlistment in the
Selected Reserve for a period of at least 2 years; or
``(C) in the case of an enlisted member serving on an
indefinite reenlistment, the member executes a written
agreement to remain in the Selected Reserve for at least 2
years.
``(2) An officer or enlisted member of the armed forces may be paid
an assignment bonus as provided in this section if the member
voluntarily agrees to an assignment to a high priority unit of the
Selected Reserve of the Ready Reserve of an armed force for at least 2
years.
``(b) Members Eligible for Retention Bonus.--Subject to subsection
(d), an officer or enlisted member is eligible under subsection (a)(1)
for a retention bonus under this section if the member--
``(1) is qualified in a military skill or specialty
designated as critical for purposes of this section under
subsection (c); or
``(2) agrees to train or retrain in a military skill or
specialty so designated as critical.
``(c) Designation of Critical Skills or Specialties and High
Priority Units.--The Secretary concerned shall--
``(1) designate the military skills and specialties that
shall be treated as critical military skills and specialties
for purposes of this section; and
``(2) designate the units that shall be treated as high
priority units for purposes of this section.
``(d) Certain Members Ineligible.--A bonus may not be paid under
subsection (a) to a member of the armed forces who--
``(1) has completed more than 25 years of qualifying
service under section 12732 of title 10; or
``(2) will complete the member's twenty-fifth year of
qualifying service under section 12732 of title 10 before the
end of the period of service for which the bonus is being
offered.
``(e) Maximum Bonus Amount.--A member may enter into an agreement
under this section, or reenlist or voluntarily extend the member's
enlistment, more than once to receive a bonus under this section.
However, a member may not receive a total of more than $100,000 in
payments under this section.
``(f) Payment Methods.--(1) A bonus under subsection (a) may be
paid in a single lump sum or in installments.
``(2) In the case of a member who agrees to train or retrain in a
military skill or specialty designated as critical under subsection
(b)(2), no payment may be made until the member successfully completes
the training or retraining and is qualified in such skill or specialty.
``(g) Relationship To Other Incentives.--A bonus paid to a member
under subsection (a) is in addition to any other pay and allowances to
which the member is entitled under any other provision of law.
``(h) Repayment for Failure to Commence or Complete Obligated
Service.--(1) An individual who, after receiving all or part of the
bonus under an agreement, or a reenlistment or voluntary extension of
enlistment, referred to in subsection (a), does not commence to serve
in the Selected Reserve, or does not satisfactorily participate in the
Selected Reserve for the total period of service specified in the
agreement, or under such reenlistment or voluntary extension of
enlistment, as applicable, shall repay to the United States such bonus,
except under conditions established by the Secretary concerned.
``(2) The Secretary concerned shall establish, in accordance with
the regulations prescribed under subsection (i)--
``(A) whether repayment of a bonus under paragraph (1) is
required in whole or in part;
``(B) the method for computing the amount of such
repayment; and
``(C) the conditions under which an exception to repayment
otherwise required under that paragraph would apply.
``(3) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States. A
discharge in bankruptcy under title 11 that is entered less than 5
years after the termination of an agreement under subsection (a), or a
reenlistment or voluntary extension of enlistment under subsection (a),
does not discharge the individual signing the agreement, reenlisting,
or voluntarily extending enlistment, as applicable, from a debt arising
under paragraph (1).
``(i) Regulationsction shall be administered under regulations
prescribed by the Secretary of Defense.
``(j) Termination of Authority.--No bonus may be paid under this
section with respect to any agreement, reenlistment, or voluntary
extension of enlistment in the armed forces entered into after December
31, 2006.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by inserting
after the item relating to section 308j the following new item:

``308k. Special pay: retention incentive bonus for members of the
Selected Reserve qualified in a critical
military skill; assignment bonus for
members of the Selected Reserve who
volunteer for assignment to a high priority
unit.''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2005.

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

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

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

Section 310 of title 37, United States Code, is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Date of Commencement of Payment of Imminent Danger Pay.--
Payment of special pay under this section to a member covered by
subsection (a)(2)(D) may be made from any date, as determined by the
Secretary of Defense, on or after which such member was assigned to
duty in a foreign area determined by the Secretary to be covered by
such subsection.''.

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

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

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

(a) In General.--Chapter 5 of title 37, United States Code, is
amended by adding at the end the following new section:
``Sec. 327. Incentive bonus: transfer between armed forces
``(a) Incentive Bonus Authorized.--A bonus under this section may
be paid to an eligible member of a regular component or reserve
component of an armed force who executes a written agreement--
``(1) to transfer from such regular component or reserve
component to a regular component or reserve component of
another armed force; and
``(2) to serve pursuant to such agreement for a period of
not less than three years in the component to which
transferred.
``(b) Eligible Members.--A member is eligible to enter into an
agreement under subsection (a) if, as of the date of the agreement, the
member--
``(1) has not failed to satisfactorily complete any term of
enlistment in the armed forces;
``(2) is eligible for reenlistment in the armed forces or,
in the case of an officer, is eligible to continue in service
in a regular or reserve component of the armed forces; and
``(3) has fulfilled such requirements for transfer to the
component of the armed force to which the member will transfer
as the Secretary having jurisdiction over such armed force
shall establish.
``(c) Limitation.--A member may enter into an agreement under
subsection (a) to transfer to a regular component or reserve component
of another armed force only if the Secretary having jurisdiction over
such armed force determines that there is shortage of trained and
qualified personnel in such component.
``(d) Amount and Payment of Bonus.--(1) A bonus under this section
may not exceed $2,500.
``(2) A bonus under this section shall be paid by the Secretary
having jurisdiction of the armed force to which the member to be paid
the bonus is transferring.
``(3) A bonus under this section shall, at the election of the
Secretary paying the bonus--
``(A) be disbursed to the member in one lump sum when the
transfer for which the bonus is paid is approved by the chief
personnel officer of the armed force to which the member is
transferring; or
``(B) be paid to the member in annual installments in such
amounts as may be determined by the Secretary paying the bonus.
``(e) Relationship to Other Pay and Allowances.--A bonus paid to a
member under this section is in addition to any other pay and
allowances to which the member is entitled.
``(f) Repayment of Bonus.--(1) A member who is paid a bonus under
an agreement under this section and who, voluntarily or because of
misconduct, fails to serve for the period covered by such agreement
shall refund to the United States an amount which bears the same ratio
to the amount of the bonus paid such member as the period which such
member failed to serve bears to the total period for which the bonus
was paid.
``(2) An obligation to reimburse the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
``(3) A discharge in bankruptcy under title 11 that is entered less
than 5 years after the termination of an agreement under this section
does not discharge the person signing such agreement from a debt
arising under paragraph (1).
``(g) Regulations.--The Secretaries concerned shall prescribe
regulations to carry out this section. Regulations prescribed by the
Secretary of a military department under this subsection shall be
subject to the approval of the Secretary of Defense.
``(h) Termination of Authority.--No agreement under this section
may be entered into after December 31, 2006.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of such title is amended by adding at the end the following
new item:

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

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.

Subtitle C--Travel and Transportation Allowances

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

(a) Military Captives.--(1) Chapter 7 of title 37, United States
Code, is amended by inserting after section 411i the following new
section:
``Sec. 411j. Travel and transportation allowances: transportation of
family members incident to the repatriation of members
held captive
``(a) Allowance for Family Members and Certain Others.--(1) Under
uniform regulations prescribed by the Secretaries concerned, travel and
transportation described in subsection (d) may be provided for not more
than 3 family members of a member described in subsection (b).
``(2) In addition to the family members authorized to be provided
travel and transportation under paragraph (1), the Secretary concerned
may provide travel and transportation described in subsection (d) to an
attendant to accompany a family member described in that paragraph if
the Secretary determines that--
``(A) the family member to be accompanied is unable to
travel unattended because of age, physical condition, or other
reason determined by the Secretary; and
``(B) no other family member who is eligible for travel and
transportation under paragraph (1) is able to serve as an
attendant for the family member.
``(3) If no family member of a member described in subsection (b)
is able to travel to the repatriation site of the member, travel and
transportation described in subsection (d) may be provided to not more
than 2 persons related to and selected by the member.
``(b) Covered Members.--A member described in this subsection is a
member of the uniformed services who--
``(1) is serving on active duty;
``(2) was held captive, as determined by the Secretary
concerned; and
``(3) is repatriated to a site inside or outside the United
States.
``(c) Eligible Family Members.--In this section, the term `family
member' has the meaning given the term in section 411h(b) of this
title.
``(d) Travel and Transportation Authorized.--(1) The transportation
authorized by subsection (a) is round-trip transportation between the
home of the family member (or home of the attendant or person provided
transportation under paragraph (2) or (3) of subsection (a), as the
case may be) and the location of the repatriation site at which the
member is located.
``(2) In addition to the transportation authorized by subsection
(a), the Secretary concerned may provide a per diem allowance or
reimbursement for the actual and necessary expenses of the travel, or a
combination thereof, but not to exceed the rates established for such
allowances and expenses under section 404(d) of this title.
``(3) The transportation authorized by subsection (a) may be
provided by any of the means described in section 411h(d)(1) of this
title.
``(4) An allowance under this subsection may be paid in advance.
``(5) Reimbursement payable under this subsection may not exceed
the cost of government-procured round-trip air travel.''.
(2) The table of sections at the beginning of chapter 7 of such
title is amended by inserting after the item relating to section 411i
the following new item:

``411j. Travel and transportation allowances: transportation of family
members incident to the repatriation of
members held captive.''.
(b) Civilian Captives.--(1) Chapter 57 of title 5, United States
Code, is amended by adding at the end the following new section:
``Sec. 5760. Travel and transportation allowances: transportation of
family members incident to the repatriation of employees
held captive
``(a) Allowance for Family Members and Certain Others.--(1) Under
uniform regulations prescribed by the heads of agencies, travel and
transportation described in subsection (d) may be provided for not more
than 3 family members of an employee described in subsection (b).
``(2) In addition to the family members authorized to be provided
travel and transportation under paragraph (1), the head of an agency
may provide travel and transportation described in subsection (d) to an
attendant to accompany a family member described in subsection (b) if
the head of an agency determines--
``(A) the family member to be accompanied is unable to
travel unattended because of age, physical condition, or other
reason determined by the head of the agency; and
``(B) no other family member who is eligible for travel and
transportation under subsection (a) is able to serve as an
attendant for the family member.
``(3) If no family member of an employee described in subsection
(b) is able to travel to the repatriation site of the employee, travel
and transportation described in subsection (d) may be provided to not
more than 2 persons related to and selected by the employee.
``(b) Covered Employees.--An employee described in this subsection
is an employee (as defined in section 2105 of this title) who--
``(1) was held captive, as determined by the head of an
agency concerned; and
``(2) is repatriated to a site inside or outside the United
States.
``(c) Eligible Family Members.--In this section, the term `family
member' has the meaning given the term in section 411h(b) of title 37.
``(d) Travel and Transportation Authorized.--(1) The transportation
authorized by subsection (a) is round-trip transportation between the
home of the family member (or home of the attendant or person provided
transportation under paragraph (2) or (3) of subsection (a), as the
case may be) and the location of the repatriation site at which the
employee is located.
``(2) In addition to the transportation authorized by subsection
(a), the head of an agency may provide a per diem allowance or
reimbursement for the actual and necessary expenses of the travel, or a
combination thereof, but not to exceed the rates established for such
allowances and expenses under section 404(d) of title 37.
``(3) The transportation authorized by subsection (a) may be
provided by any of the means described in section 411h(d)(1) of title
37.
``(4) An allowance under this subsection may be paid in advance.
``(5) Reimbursement payable under this subsection may not exceed
the cost of government-procured round-trip air travel.''.
(2) The table of sections at the beginning of chapter 57 of such
title is amended by adding at the end the following new item:

``5760. Travel and transportation allowances: transportation of family
members incident to the repatriation of
employees held captive.''.
(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.

Subtitle D--Retired Pay and Survivor Benefits

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

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

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

(a) Redesignation of Chief Operating Officer as Chief Executive
Officer.--
(1) In general.--Section 1515 of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 415) is amended--
(A) by striking ``Chief Operating Officer'' each
place it appears and inserting ``Chief Executive
Officer''; and
(B) in subsection (e)(1), by striking ``Chief
Operating Officer's'' and inserting ``Chief Executive
Officer's''.
(2) Conforming amendments.--Such Act is further amended by
striking ``Chief Operating Officer'' each place it appears in a
provision as follows and inserting ``Chief Executive Officer'':
(A) In section 1511 (24 U.S.C. 411).
(B) In section 1512 (24 U.S.C. 412).
(C) In section 1513(a) (24 U.S.C. 413(a)).
(D) In section 1514(c)(1) (24 U.S.C. 414(c)(1)).
(E) In section 1516(b) (24 U.S.C. 416(b)).
(F) In section 1517 (24 U.S.C. 417).
(G) In section 1518(c) (24 U.S.C. 418(c)).
(H) In section 1519(c) (24 U.S.C. 419(c)).
(I) In section 1521(a) (24 U.S.C. 421(a)).
(J) In section 1522 (24 U.S.C. 422).
(K) In section 1523(b) (24 U.S.C. 423(b)).
(L) In section 1531 (24 U.S.C. 431).
(3) Clerical amendments.--(A) The heading of section 1515
of such Act is amended to read as follows:

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

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

``Sec. 1515 Chief Executive Officer.''.
(4) References.--Any reference in any law, regulation,
document, record, or other paper of the United States to the
Chief Operating Officer of the Armed Forces Retirement Home
shall be considered to be a reference to the Chief Executive
Officer of the Armed Forces Retirement Home.
(b) Physicians and Dentists for Each Retirement Home Facility.--
Section 1513 of such Act (24 U.S.C. 413) is amended--
(1) in subsection (a), by striking ``subsection (b)'' and
inserting ``subsections (b), (c), and (d)''; and
(2) by adding at the end the following new subsection:
``(c) Physicians and Dentists for Each Retirement Home Facility.--
(1) In providing for the health care needs of residents under
subsection (c), the Retirement Home shall have in attendance at each
facility of the Retirement Home, during the daily business hours of
such facility, a physician and a dentist, each of whom shall have
skills and experience suited to residents of such facility.
``(2) In providing for the health care needs of residents, the
Retirement shall also have available to residents of each facility of
the Retirement Home, on an on-call basis during hours other than the
daily business hours of such facility, a physician and a dentist each
of whom have skills and experience suited to residents of such
facility.
``(3) In this subsection, the term `daily business hours' means the
hours between 9 o'clock ante meridian and 5 o'clock post meridian,
local time, on each of Monday through Friday.''.
(c) Transportation to Medical Care Outside Retirement Home
Facilities.--Section 1513 of such Act is further amended--
(1) in the third sentence of subsection (b), by inserting
``, except as provided in subsection (d),'' after ``shall
not''; and
(2) by adding at the end the following new subsection:
``(d) Transportation to Medical Care Outside Retirement Home
Facilities.--The Retirement Home shall provide to any resident of a
facility of the Retirement Home, upon request of such resident,
transportation to any medical facility located not more than 30 miles
from such facility for the provision of medical care to such resident.
The Retirement Home may not collect a fee from a resident for
transportation provided under this subsection.''.
(d) Military Director for Each Retirement Home.--Section 1517(b)(1)
of such Act (24 U.S.C. 417(b)(1)) is amended by striking ``a civilian
with experience as a continuing care retirement community professional
or''.

SEC. 643. REPEAL OF REQUIREMENT OF REDUCTION OF SBP SURVIVOR ANNUITIES
BY DEPENDENCY AND INDEMNITY COMPENSATION.

(a) Repeal.--Subchapter II of chapter 73 of title 10, United States
Code is amended--
(1) in section 1450(c)(1), by inserting after ``to whom
section 1448 of this title applies'' the following: ``(except
in the case of a death as described in subsection (d) or (f) of
such section)''; and
(2) in section 1451(c)--
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively.
(b) Prohibition on Retroactive Benefits.--No benefits may be paid
to any person for any period before the effective date provided under
subsection (e) by reason of the amendments made by subsection (a).
(c) Prohibition on Recoupment of Certain Amounts Previously
Refunded to SBP Recipients.--A surviving spouse who is or has been in
receipt of an annuity under the Survivor Benefit Plan under subchapter
II of chapter 73 of title 10, United States Code, that is in effect
before the effective date provided under subsection (e) and that is
adjusted by reason of the amendments made by subsection (a) and who has
received a refund of retired pay under section 1450(e) of title 10,
United States Code, shall not be required to repay such refund to the
United States.
(d) Reconsideration of Optional Annuity.--Section 1448(d)(2) of
title 10, United States Code, is amended by adding at the end the
following new sentences: ``The surviving spouse, however, may elect to
terminate an annuity under this subparagraph in accordance with
regulations prescribed by the Secretary concerned. Upon such an
election, payment of an annuity to dependent children under this
subparagraph shall terminate effective on the first day of the first
month that begins after the date on which the Secretary concerned
receives notice of the election, and, beginning on that day, an annuity
shall be paid to the surviving spouse under paragraph (1) instead.''.
(e) Effective Date.--The amendments made by this section shall take
effect on the later of--
(1) the first day of the first month that begins after the
date of the enactment of this Act; or
(2) the first day of the fiscal year that begins in the
calendar year in which this Act is enacted.

SEC. 644. EFFECTIVE DATE FOR PAID-UP COVERAGE UNDER SURVIVOR BENEFIT
PLAN.

Section 1452(j) of title 10, United States Code, is amended by
striking ``October 1, 2008'' and inserting ``October 1, 2005''.

SEC. 645. INCLUSION OF VETERANS WITH SERVICE-CONNECTED DISABILITIES
RATED AS TOTAL BY REASON OF UNEMPLOYABILITY UNDER
TERMINATION OF PHASE-IN OF CONCURRENT RECEIPT OF RETIRED
PAY AND VETERANS' DISABILITY COMPENSATION.

(a) Inclusion of Veterans.--Section 1414(a)(1) of title 10, United
States Code, is amended by inserting ``or a qualified retiree receiving
veterans' disability compensation for a disability rated as total
(within the meaning of subsection (e)(3)(B))'' after ``rated as 100
percent''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on December 31, 2004.
(c) Additional Death Gratuity.--In the case of an active duty
member of the armed forces who died between October 7, 2001, and May
11, 2005, and was not eligible for an additional death gratuity under
section 1478(e)(3)(A) of title 10, United States Code (as added by
section 1013(b) of Public Law 109-13), the eligible survivors of such
decedent shall receive, in addition to the death gratuity available to
such survivors under section 1478(a) of such title, an additional death
gratuity of $150,000 under the same conditions as provided under
section 1478(e)(4) of such title.

Subtitle E--Other Matters

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

(a) Payment Authorized.--Chapter 101 of title 10, United States
Code, is amended by inserting after section 2007 the following new
section:
``Sec. 2007a. Payment of expenses of members of the armed forces to
obtain professional credentials
``(a) Payment Authorized.--Except as provided in subsection (b),
the Secretary of Defense may pay for--
``(1) expenses of members of the armed forces to obtain
professional credentials, including expenses of professional
accreditation, State-imposed and professional licenses, and
professional certification; and
``(2) examinations to obtain such credentials.
``(b) Exception.--The authority in subsection (a) may not be
exercised on behalf of any member of the armed forces for expenses to
obtain the basic qualifications for membership in a profession or
officer community.
``(c) Funds Available.--Funds appropriated or otherwise made
available to the Secretary of Defense may be used to pay expenses under
subsection (a).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

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

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

(a) Pilot Program Required.--During fiscal year 2006, the Secretary
of the Army shall carry out within the Army a pilot program in order to
assess the extent to which contributions by the military departments to
the Thrift Savings Fund on behalf of members of the Armed Forces
described in subsection (b) would--
(1) assist the Armed Forces in recruiting efforts; and
(2) assist such members in establishing habits of financial
responsibility during their initial enlistments in the Armed
Forces.
(b) Covered Members.--A member of the Armed Forces described in
this subsection is a member of the Armed Forces who is serving in the
Armed Forces under an initial enlistment for a period of not less than
two years.
(c) Contributions to Thrift Savings Fund.--
(1) In general.--The Secretary of the Army may make
contributions to the Thrift Savings Fund on behalf of any
participant in the pilot program under subsection (a) for any
pay period during the period of the pilot program.
(2) Limitations.--The amount of any contributions made with
respect to a member under paragraph (1) shall be subject to the
provisions of section 8432(c) of title 5, United States Code.
(d) Report.--
(1) In general.--Not later than February 1, 2007, the
Secretary of Defense shall submit to the congressional defense
committees a report on the pilot program under subsection (a).
(2) Elements.--The report shall include the following:
(A) A description of the pilot program, including
the number of members of the Army who participated in
the pilot program and the contributions made by the
Army to the Thrift Savings Fund on behalf of such
members during the period of the pilot program.
(B) An assessment, based on the pilot program and
taking into account the views of officers and senior
enlisted personnel of the Army, and of field
recruiters, of the extent to which contributions by the
military departments to the Thrift Savings Fund on
behalf of members of the Armed Forces similar to the
participants in the pilot program--
(i) would enhance the recruiting efforts of
the Armed Forces; and
(ii) would assist such members in
establishing habits of financial responsibility
during their initial enlistments in the Armed
Forces.

SEC. 653. EXTENSION OF EFFECTIVE DATE.

Section 6 of the Higher Education Relief Opportunities for Students
Act of 2003 (20 U.S.C. 1070 note) is amended by striking ``September
30, 2005'' and inserting ``September 30 2007''.

SEC. 654. 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).

Subtitle F--Enhancement of Authorities for Recruitment and Retention

SEC. 671. INCREASE IN MAXIMUM RATE OF ASSIGNMENT INCENTIVE PAY.

(a) Increase in Maximum Rate.--Section 307a(c) of title 37, United
States Code, is amended by striking ``$1,500'' and inserting
``$3,000''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
with respect to months beginning on or after that date.

SEC. 672. TEMPORARY INCREASE IN BASIC ALLOWANCE FOR HOUSING IN AREAS
SUBJECT TO DECLARATION OF A MAJOR DISASTER.

(a) Temporary Increase Authorized.--Section 403(b) of title 37,
United States Code, is amended--
(1) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5)(A) The Secretary of Defense may prescribe a temporary
increase in rates of basic allowance for housing in a military housing
area located in an area for which a major disaster has been declared in
accordance with section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170).
``(B) The amount of the increase under this paragraph in rates of
basic allowance for housing in an area by reason of a disaster shall be
based on a determination by the Secretary of the amount by which the
costs of adequate housing for civilians have increased in the area by
reason of the disaster.
``(C) The amount of any increase under this paragraph in a rate of
basic allowance for housing may not exceed the amount equal to 20
percent of such rate of basic allowance for housing.
``(D) A member may be paid a basic allowance for housing at a rate
increased under this paragraph by reason of a disaster only if the
member certifies to the Secretary concerned that the member has
incurred increased housing costs in the area concerned by reason of the
disaster.
``(E) An increase in rates of basic allowance for housing in an
area under this paragraph shall remain in effect until the effective
date of the first adjustment in rates of basic allowance for housing
made for the area pursuant to a redetermination of housing costs in the
area under paragraph (4) that occurs after the date of the increase
under this paragraph.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on September 1, 2005, and shall apply with respect to
months beginning on or after that date.

SEC. 673. TEMPORARY AUTHORITY FOR INCENTIVES FOR RECRUITMENT OF
MILITARY PERSONNEL.

(a) Authority To Provide Incentives.--The Secretary of Defense may,
in consultation with the Director of the Office of Management and
Budget, develop and provide incentives (in addition to any other
incentives authorized by law) for the recruitment of individuals as
officers and enlisted members of the Armed Forces.
(b) Construction With Other Personnel Authorities.--
(1) In general.--Incentives may be provided under
subsection (a)--
(A) without regard to the lack of specific
authority for such incentives under title 10, United
States Code, or title 37, United States Code; and
(B) notwithstanding any provision of title 10,
United States Code, or title 37, United States Code, or
any rule or regulation prescribed under such provision,
relating to methods of--
(i) determining requirements for, and the
compensation of, members of the Armed Forces
who are assigned duty as military recruiters;
or
(ii) providing incentives to individuals to
accept commissions or enlist in the Armed
Forces, including the provision of group or
individual bonuses, pay, or other incentives.
(2) Waiver of otherwise applicable laws.--No provision of
title 10, United States Code, or title 37, United States Code,
may be waived with respect to, or otherwise determined to be
inapplicable to, the provision of incentives under subsection
(a) except with the approval of the Secretary.
(c) Plans.--
(1) Development of plans.--Before providing an incentive
under subsection (a), or entering into any agreement or
contract with respect to the provision of such incentive, the
Secretary shall develop a plan that includes--
(A) a description of such incentive, including the
purpose of such project and the members (or potential
recruits) of the Armed Forces to be addressed by such
incentive;
(B) a statement of the anticipated outcomes of such
incentive; and
(C) the method of evaluating the effectiveness of
such incentive.
(2) Submittal of plans.--Not later than 30 days before the
provision of an incentive under subsection (a), the Secretary
shall submit a copy of the plan developed under paragraph (1)
on such incentive--
(A) to the elements of the Department of Defense to
be affected by the provision of such incentive; and
(B) to Congress.
(d) Limitations.--
(1) Number of individuals.--The number of individuals
provided incentives under subsection (a) may not exceed the
number of individuals equal to 20 percent of the accession
mission of the Armed Force concerned for the fiscal year in
which such incentives are first provided.
(2) Duration of provision.--The provision of incentives
under subsection (a) shall terminate not later than the end of
the three-year period beginning on the date on which the
provision of such incentives commences (except that such
incentives may continue to be provided beyond the date
otherwise provided in this paragraph to the extent necessary to
evaluate the effectiveness of such incentives).
(e) Reports.--
(1) In general.--The Secretary shall submit to Congress on
an annual basis a report on the incentives provided under
subsection (a) during the preceding year.
(2) Elements.--Each report under this subsection shall
include--
(A) a description of the incentives provided under
subsection (a) during the fiscal year covered by such
report; and
(B) an assessment of the impact of such incentives
on the recruitment of individuals as officers or
enlisted members of the Armed Forces.

SEC. 674. PAY AND BENEFITS TO FACILITATE VOLUNTARY SEPARATION OF
TARGETED MEMBERS OF THE ARMED FORCES.

(a) Pay and Benefits Authorized.--
(1) In general.--Chapter 59 of title 10, United States
Code, is amended by inserting after section 1175 the following
new section:
``Sec. 1175a. Voluntary separation pay and benefits
``(a) In General.--Under regulations approved by the Secretary of
Defense, the Secretary concerned may provide voluntary separation pay
and benefits in accordance with this section to eligible members of the
armed forces who are voluntarily separated from active duty in the
armed forces.
``(b) Eligible Members.--(1) Except as provided in paragraph (2), a
member of the armed forces is eligible for voluntary separation pay and
benefits under this section if the member--
``(A) has served on active duty for more than 6 years but
not more than 20 years;
``(B) has served at least 5 years of continuous active duty
immediately preceding the date of the member's separation from
active duty;
``(C) has not been approved for payment of a voluntary
separation incentive under section 1175 of this title;
``(D) meets such other requirements as the Secretary
concerned may prescribe, which may include requirements
relating to--
``(i) years of service, skill, rating, military
specialty, or competitive category;
``(ii) grade or rank;
``(iii) remaining period of obligated service; or
``(iv) any combination of these factors; and
``(E) requests separation from active duty.
``(2) The following members are not eligible for voluntary
separation pay and benefits under this section:
``(A) Members discharged with disability severance pay
under section 1212 of this title.
``(B) Members transferred to the temporary disability
retired list under section 1202 or 1205 of this title.
``(C) Members being evaluated for disability retirement
under chapter 61 of this title.
``(D) Members who have been previously discharged with
voluntary separation pay.
``(E) Members who are subject to pending disciplinary
action or who are subject to administrative separation or
mandatory discharge under any other provision of law or
regulations.
``(3) The Secretary concerned shall determine each year the number
of members to be separated, and provided separation pay and benefits,
under this section during the fiscal year beginning in such year.
``(c) Separation.--Each eligible member of the armed forces whose
request for separation from active duty under subsection (b)(1)(E) is
approved shall be separated from active duty.
``(d) Additional Service in Ready Reserve.--Of the number of
members of the armed forces to be separated from active duty in a
fiscal year, as determined under subsection (b)(3), the Secretary
concerned shall determine a number of such members, in such skill and
grade combinations as the Secretary concerned shall designate, who
shall serve in the Ready Reserve, after separation from active duty,
for a period of not less than three years, as a condition of the
receipt of voluntary separation pay and benefits under this section.
``(e) Separation Pay and Benefits.--(1) A member of the armed
forces who is separated from active duty under subsection (c) shall be
paid voluntary separation pay in accordance with subsection (g) in an
amount determined by the Secretary concerned pursuant to subsection
(f).
``(2) A member who is not entitled to retired or retainer pay upon
separation shall be entitled to the benefits and services provided
under--
``(A) chapter 58 of this title during the 180-day period
beginning on the date the member is separated (notwithstanding
any termination date for such benefits and services otherwise
applicable under the provisions of such chapter); and
``(B) sections 404 and 406 of title 37.
``(f) Computation of Voluntary Separation Pay.--The Secretary
concerned shall specify the amount of voluntary separation pay that an
individual or defined group of members of the armed forces may be paid
under subsection (e)(1). No member may receive as voluntary separation
pay an amount greater than three times the full amount of separation
pay for a member of the same pay grade and years of service who is
involuntarily separated under section 1174 of this title.
``(g) Payment of Voluntary Separation Pay.--(1) Voluntary
separation pay under this section may be paid in a single lump sum.
``(2) In the case of a member of the armed forces who, at the time
of separation under subsection (c), has completed at least 15 years,
but less than 20 years, of active service, voluntary separation pay may
be paid, at the election of the Secretary concerned, in--
``(A) a single lump sum;
``(B) installments over a period not to exceed 10 years; or
``(C) a combination of lump sum and such installments.
``(h) Coordination With Retired or Retainer Pay and Disability
Compensation.--(1) A member who is paid voluntary separation pay under
this section and who later qualities for retired or retainer pay under
this title or title 14 shall have deducted from each payment of such
retired or retainer pay an amount, in such schedule of monthly
installments as the Secretary concerned shall specify, until the total
amount deducted from such retired or retainer pay is equal to the total
amount of voluntary separation pay so paid.
``(2)(A) Except as provided in subparagraphs (B) and (C), a member
who is paid voluntary separation pay under this section shall not be
deprived, by reason of the member's receipt of such pay, of any
disability compensation to which the member is entitled under the laws
administered by the Secretary of Veterans Affairs, but there shall be
deducted from such disability compensation an amount, in such schedule
of monthly installments as the Secretary concerned shall specify, until
the total amount deducted from such disability compensation is equal to
the total amount of voluntary separation pay so paid.
``(B) No deduction shall be made from the disability compensation
paid to an eligible disabled uniformed services retiree under section
1413, or to an eligible combat-related disabled uniformed services
retiree under section 1413a of this title, who is paid voluntary
separation pay under this section.
``(C) No deduction may be made from the disability compensation
paid to a member for the amount of voluntary separation pay received by
the member because of an earlier discharge or release from a period of
active duty if the disability which is the basis for that disability
compensation was incurred or aggravated during a later period of active
duty.
``(3) The requirement under this subsection to repay voluntary
separation pay following retirement from the armed forces does not
apply to a member who was eligible to retire at the time the member
applied and was accepted for voluntary separation pay and benefits
under this section.
``(4) The Secretary concerned may waive the requirement to repay
voluntary separation pay under paragraphs (1) and (2) if the Secretary
determines that recovery would be against equity and good conscience or
would be contrary to the best interests of the United States.
``(i) Retirement Defined.--In this section, the term `retirement'
includes a transfer to the Fleet Reserve or Fleet Marine Corps Reserve.
``(j) Repayment for Members who Return to Active Duty.--(1) Except
as provided in paragraphs (2) and (3), a member of the armed forces
who, after having received all or part of voluntary separation pay
under this section, returns to active duty shall have deducted from
each payment of basic pay, in such schedule of monthly installments as
the Secretary concerned shall specify, until the total amount deducted
from such basic pay equals the total amount of voluntary separation pay
received.
``(2) Members who are involuntarily recalled to active duty or
full-time National Guard duty in accordance with section 12301(a),
12301(b), 12301(g), 12302, 12303, or 12304 of this title or section
502(f)(1) of title 32 shall not be subject to this subsection.
``(3) Members who are recalled or perform active duty or full-time
National Guard duty in accordance with section 101(d)(1), 101(d)(2),
101(d)(5), 12301(d) (insofar as the period served is less than 180
consecutive days with the consent of the member), 12319, or 12503 of
title 10, or section 114, 115, or 502(f)(2) of title 32 (insofar as the
period served is less than 180 consecutive days with consent of the
member), shall not be subject to this subsection.
``(4) The Secretary of Defense may waive, in whole or in part,
repayment required under paragraph (1) if the Secretary determines that
recovery would be against equity and good conscience or would be
contrary to the best interests of the United States. The authority in
this paragraph may be delegated only to the Undersecretary of Defense
for Personnel and Readiness and the Principal Deputy Undersecretary of
Defense for Personnel and Readiness.
``(k) Termination of Authority.--(1) The authority to separate a
member of the armed forces from active duty under subsection (c) shall
terminate on December 31, 2008.
``(2) A member who separates by the date specified in paragraph (1)
may continue to be provided voluntary separation pay and benefits under
this section until the member has received the entire amount of pay and
benefits to which the member is entitled under this section.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 59 of such title is amended by inserting
after the item relating to section 1175 the following new item:

``1175a. Voluntary separation pay and benefits.''.
(b) Limitation on Applicability.--During the period beginning on
the date of the enactment of this Act and ending on December 31, 2008,
the members of the Armed Forces who are eligible for separation, and
for the provision of voluntary separation pay and benefits, under
section 1175a of title 10, United States Code (as added by subsection
(a)), shall be limited to officers of the Armed Forces who meet the
eligibility requirements of section 1175a(b) of title 10, United States
Code (as so added), but have not completed more than 12 years of active
service as of the date of separation from active duty.
(c) Officer Selective Early Retirement.--Section 638a(a) of title
10, United States Code, is amended by adding at the end the following
new sentence: ``During the period beginning on October 1, 2005, and
ending on December 31, 2011, the Secretary of Defense may also
authorize the Secretary of the Navy and the Secretary of the Air Force
to take any of the actions set forth in such subsection with respect to
officers of the armed forces under the jurisdiction of such
Secretary.''.

SEC. 675. 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.''.

SEC. 676. 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.

SEC. 677. EXTENSION OF ELIGIBILITY FOR SSI FOR CERTAIN INDIVIDUALS IN
FAMILIES THAT INCLUDE MEMBERS OF THE RESERVE AND NATIONAL
GUARD.

Section 1631(j)(1)(B) of the Social Security Act (42 U.S.C.
1383(j)(1)(B)) is amended by inserting ``(24 consecutive months, in the
case of such an individual whose ineligibility for benefits under or
pursuant to both such sections is a result of being called to active
duty pursuant to section 12301(d) or 12302 of title 10, United States
Code, or section 502(f) of title 32, United States Code)'' after ``for
a period of 12 consecutive months''.

SEC. 678. DENIAL OF CERTAIN BURIAL-RELATED BENEFITS FOR INDIVIDUALS WHO
COMMITTED A CAPITAL OFFENSE.

(a) Prohibition Against Interment in National Cemetery.--Section
2411 of title 38, United States Code, is amended--
(1) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) A person whose conviction of a Federal capital crime
is final.''; and
(B) by amending paragraph (2) to read as follows:
``(2) A person whose conviction of a State capital crime is
final.''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``the death
penalty or life imprisonment'' and inserting ``a life
sentence or the death penalty''; and
(B) in paragraph (2), by striking ``the death
penalty or life imprisonment without parole may be
imposed'' and inserting ``a life sentence or the death
penalty may be imposed''.
(b) Denial of Certain Burial-Related Benefits.--Section 985 of
title 10, United States Code, is amended--
(1) in subsection (a), by striking ``who has been convicted
of a capital offense under Federal or State law for which the
person was sentenced to death or life imprisonment without
parole.'' and inserting ``described in section 2411(b) of title
38.'';
(2) in subsection (b), by striking ``convicted of a capital
offense under Federal law'' and inserting ``described in
section 2411(b) of title 38''; and
(3) by amending subsection (c) to read as follows:
``(c) Definition.--In this section, the term `burial' includes
inurnment.''.
(c) Denial of Funeral Honors.--Section 1491(h) of title 10, United
States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by striking `` means a decedent who--'' and inserting
the following: ``--
``(1) means a decedent who--'';
(3) in subparagraph (B), as redesignated, by striking the
period at the end and inserting ``; and''; and
(4) by adding at the end the following:
``(2) does not include any person described in section
2411(b) of title 38.''.
(d) Rulemaking.--
(1) Department of defense.--The Secretary of Defense shall
prescribe regulations to ensure that a person is not interred
in any military cemetery under the authority of the Secretary
or provided funeral honors under section 1491 of title 10,
United States Code, unless a good faith effort has been made to
determine whether such person is described in section 2411(b)
of title 38, United States Code, or is otherwise ineligible for
such interment or honors under Federal law.
(2) Department of veterans affairs.--The Secretary of
Veterans Affairs shall prescribe regulations to ensure that a
person is not interred in any cemetery in the National Cemetery
System unless a good faith effort has been made to determine
whether such person is described in section 2411(b) of title
38, United States Code, or is otherwise ineligible for such
interment under Federal law.
(e) Savings Provision.--The amendments made by subsections (a),
(b), and (c) shall not apply to any person whose sentence for a Federal
capital crime or a State capital crime (as such terms are defined in
section 2411(d) of title 38, United States Code) was commuted by the
President or the Governor of a State.

SEC. 679. VETERANS PREFERENCE ELIGIBILITY FOR MILITARY RESERVISTS.

(a) Short Title.--This section may be cited as the ``Reservist
Access to Veterans Preference Act''.
(b) Veterans Preference Eligibility.--Section 2108(1) of title 5,
United States Code, is amended by striking ``separated from'' and
inserting ``discharged or released from active duty in''.
(c) Savings Provision.--Nothing in the amendment made by subsection
(b) may be construed to affect a determination made before the date of
enactment of this Act that an individual is preference eligible (as
defined in section 2108(3) of title 5, United States Code).

TITLE VII--HEALTH CARE

Subtitle A--Benefits Matters

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

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

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

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

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

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

SEC. 704. INCREASED PERIOD OF CONTINUED TRICARE PRIME COVERAGE OF
CHILDREN OF MEMBERS OF THE UNIFORMED SERVICES WHO DIE
WHILE SERVING ON ACTIVE DUTY FOR A PERIOD OF MORE THAN 30
DAYS.

(a) Period of Eligibility.--Section 1079(g) of title 10, United
States Code, is amended--
(1) by inserting ``(1)'' after ``(g)'';
(2) by striking the second sentence; and
(3) by adding at the end the following new paragraph:
``(2) In addition to any continuation of eligibility for benefits
under paragraph (1), when a member dies while on active duty for a
period of more than 30 days, the member's dependents who are receiving
benefits under a plan covered by subsection (a) shall continue to be
eligible for benefits under TRICARE Prime during the three-year period
beginning on the date of the member's death, except that, in the case
of such a dependent of the deceased who is described by subparagraph
(D) or (I) of section 1072(2) of this title, the period of continued
eligibility shall be the longer of the following periods beginning on
such date:
``(A) Three years.
``(B) The period ending on the date on which such dependent
attains 21 years of age.
``(C) In the case of such a dependent who, at 21 years of
age, is enrolled in a full-time course of study in a secondary
school or in a full-time course of study in an institution of
higher education approved by the administering Secretary and
was, at the time of the member's death, in fact dependent on
the member for over one-half of such dependent's support, the
period ending on the earlier of the following dates:
``(i) The date on which such dependent ceases to
pursue such a course of study, as determined by the
administering Secretary.
``(ii) The date on which such dependent attains 23
years of age.
``(3) For the purposes of paragraph (2)(C), a dependent shall be
treated as being enrolled in a full-time course of study in an
institution of higher education during any reasonable period of
transition between the dependent's completion of a full-time course of
study in a secondary school and the commencement of an enrollment in a
full-time course of study in an institution of higher education, as
determined by the administering Secretary.
``(4) The terms and conditions under which health benefits are
provided under this chapter to a dependent of a deceased member under
paragraph (2) shall be the same as those that would apply to the
dependent under this chapter if the member were living and serving on
active duty for a period of more than 30 days.
``(5) In this subsection, the term `TRICARE Prime' means the
managed care option of the TRICARE program.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 7, 2001, and shall apply with respect to deaths
occurring on or after that date.

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

(a) General Eligibility.--Subsection (a) of section 1076d of title
10, United States Code, is amended--
(1) by striking ``(a) Eligibility.--A member'' and
inserting ``(a) Eligibility.--(1) Except as provided in
paragraph (2), a member'';
(2) by striking ``after the member completes'' and all that
follows through ``one or more whole years following such
date''; and
(3) by adding at the end the following new paragraph:
``(2) Paragraph (1) does not apply to a member who is enrolled, or
is eligible to enroll, in a health benefits plan under chapter 89 of
title 5.''.
(b) Condition for Termination of Eligibility.--Subsection (b) of
such section is amended by striking ``(b) Period of Coverage.--(1)
TRICARE Standard'' and all that follows through ``(3) Eligibility'' and
inserting ``(b) Termination of Eligibility Upon Termination of
Service.--Eligibility''.
(c) Conforming Amendments.--
(1) Such section is further amended--
(A) by striking subsection (e); and
(B) by redesignating subsection (g) as subsection
(e) and transferring such subsection within such
section so as to appear following subsection (d).
(2) The heading for such section is amended to read as
follows:
``Sec. 1076d. TRICARE program: TRICARE Standard coverage for members of
the Selected Reserve''.
(d) Repeal of Obsolete Provision.--Section 1076b of title 10,
United States Code, is repealed.
(e) Clerical Amendments.--The table of sections at the beginning of
chapter 55 of title 10, United States Code, is amended--
(1) by striking the item relating to section 1076b; and
(2) by striking the item relating to section 1076d and
inserting the following:

``1076d. TRICARE program: TRICARE Standard coverage for members of the
Selected Reserve.''.
(f) Savings Provision.--Enrollments in TRICARE Standard that are in
effect on the day before the date of the enactment of this Act under
section 1076d of title 10, United States Code, as in effect on such
day, shall be continued until terminated after such day under such
section 1076d as amended by this section.

Subtitle B--Planning, Programming, and Management

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

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

SEC. 712. REPORT ON DELIVERY OF HEALTH CARE BENEFITS THROUGH MILITARY
HEALTH CARE SYSTEM.

(a) Report Required.--Not later than February 1, 2007, the
Secretary of Defense shall submit to the congressional defense
committees a report on the delivery of health care benefits through the
military health care system.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) An analysis of the organization and costs of delivering
health care benefits to current and retired members of the
Armed Forces and their families.
(2) An analysis of the costs of ensuring medical readiness
throughout the Armed Forces in support of national security
objectives.
(3) An assessment of the role of health benefits in the
recruitment and retention of members of the Armed Forces,
whether in the regular components or the reserve components of
the Armed Forces.
(4) An assessment of the experience of the military
departments during fiscal years 2003, 2004, and 2005 in
recruitment and retention of military and civilian medical and
dental personnel, whether in the regular components or the
reserve components of the Armed Forces, in light of military
and civilian medical manpower requirements.
(5) A description of requirements for graduate medical
education for military medical care providers and options for
meeting such requirements, including civilian medical training
programs.
(c) Recommendations.--In addition to the matters specified in
subsection (b), the report under subsection (a) shall also include such
recommendations for legislative or administrative action as the
Secretary considers necessary to improve efficiency and quality in the
provision of health care benefits through the military health care
system, including recommendations on--
(1) the organization and delivery of health care benefits;
(2) mechanisms required to measure costs more accurately;
(3) mechanisms required to measure quality of care, and
access to care, more accurately;
(4) 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.

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

(a) Study.--The Comptroller General of the United States shall
conduct a study of the effectiveness of the current system of
differential payments to children's hospitals for health care services
for severely ill dependent children of members of the uniformed
services under the TRICARE program in achieving the objective of
securing adequate health care services for such dependent children
under that program.
(b) Elements of Study.--The study required by subsection (a) shall
include the following:
(1) A description of the current participation of
children's hospitals in the TRICARE program.
(2) An assessment of the current system of differential
payments to children's hospitals for health care services
described in that subsection, including an assessment of--
(A) the extent to which the calculation of such
differential payments takes into account the complexity
and extraordinary resources required for the provision
of such health care services;
(B) the extent to which such differential payments
provide appropriate compensation to such hospitals for
the provision of such services; and
(C) any obstacles or challenges to the development
of future modifications to the system of differential
payments.
(3) An assessment of the adequacy of the access of
dependent children described in that subsection to specialized
hospital services for their illnesses under the TRICARE
program.
(c) Reports.--Not later than May 1, 2006, the Comptroller General
shall submit to the Secretary of Defense and the congressional defense
committees a report on the study required by subsection (a), together
with such recommendations, if any, as the Comptroller General considers
appropriate for modifications of the current system of differential
payments to children's hospitals in order to achieve the objective
described in that subsection.
(d) Transmittal to Congress.--
(1) In general.--Not later than November 1, 2006, the
Secretary of Defense shall transmit to the congressional
defense committees the report submitted by the Comptroller
General to the Secretary under subsection (c).
(2) Implementation of modifications.--If the report under
paragraph (1) includes recommendations of the Comptroller
General for modifications of the current system of differential
payments to children's hospitals, the Secretary shall transmit
with the report--
(A) a proposal for such legislative or
administration action as may be required to implement
such modifications; and
(B) an assessment and estimate of the costs
associated with the implementation of such
modifications.
(e) Definitions.--In this section:
(1) Differential payments to children's hospitals.--The
term ``differential payments to children's hospitals'' means
the additional amounts paid to children's hospitals under the
TRICARE program for health care procedures for severely ill
children in order to take into account the additional costs
associated with such procedures for such children when compared
with the costs associated with such procedures for adults and
other children.
(2) TRICARE program.--The term ``TRICARE program'' has the
meaning given that term in section 1072(7) of title 10, United
States Code.

SEC. 714. REPEAL OF REQUIREMENT FOR COMPTROLLER GENERAL REVIEWS OF
CERTAIN DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS
AFFAIRS PROJECTS ON SHARING OF HEALTH CARE RESOURCES.

(a) Joint Incentives Program.--Section 8111(d) of title 38, United
States Code, is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
(b) Health Care Resources Sharing and Coordination Project.--
Section 722 of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2595; 38 U.S.C. 8111
note) is amended--
(1) by striking subsection (h);
(2) by redesignating subsection (i) as subsection (h); and
(3) in paragraph (2) of subsection (h), as so redesignated,
by striking ``based on recommendations'' and all that follows
and inserting ``as determined by the Secretaries based on
information available to the Secretaries to warrant such
action.''.

SEC. 715. SURVEYS ON TRICARE STANDARD.

Section 723(a) of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1532; 10 U.S.C. 1073 note) is
amended by adding at the end the following new paragraph:
``(4) The surveys required by paragraph (1) shall include questions
designed to determine from health care providers participating in such
surveys whether such providers are aware of the TRICARE program, what
percentage of the current patient population of such providers receive
any benefit option under the TRICARE program, and whether such
providers accept patients under the medicare program or new patients
under the medicare program.''.

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

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

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

(a) Repeal of Requirement to Locate Department of Defense Patient
Safety Center Within Armed Forces Institute of Pathology.--Subsection
(c)(3) of section 754 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into lay by Public
Law 106-398; 114 Stat. 1654A-196) is amended by striking ``within the
Armed Forces Institute of Pathology''.
(b) Renaming of MedTeams Program.--The caption of subsection (d) of
such section is amended by striking ``MedTeams'' and inserting
``Medical Team Training''.

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

(a) Qualifications.--Effective as of the date of the enactment of
this Act, no individual may serve in the position of Regional Director
under the TRICARE program unless the individual--
(1) is--
(A) an officer of the Armed Forces in a general or
flag officer grade; or
(B) a civilian employee of the Department of
Defense in the Senior Executive Service; and
(2) has at least 10 years of experience, or equivalent
expertise or training, in the military health care system,
managed care, and health care policy and administration.
(b) TRICARE Program Defined.--In this section, the term ``TRICARE
program'' has the meaning given such term in section 1072(7) of title
10, United States Code.

SEC. 719. 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, 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.

SEC. 720. 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.

SEC. 721. 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,''.

SEC. 722. 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.

SEC. 723. COMPTROLLER GENERAL REPORT ON EXPANDED PARTNERSHIP BETWEEN
THE DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF VETERANS
AFFAIRS ON THE PROVISION OF HEALTH CARE SERVICES.

(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate committees of Congress a report on the
feasibility of an expanded partnership between the Department of
Defense and the Department of Veterans Affairs for the provision of
health care services.
(b) Report Elements.--The report required by subsection (a) shall
include the following:
(1) An overview of the current health care systems of the
Department of Defense and the Department of Veterans Affairs,
including--
(A) the total number of eligible beneficiaries in
each system as of September 30, 2005;
(B) the total number of current consumers of health
care services in each system as of that date;
(C) the total cost of each system in the most
recent fiscal year for which complete cost data for
both systems exists;
(D) the annual workload or production of health
care by beneficiary category in each system in the most
recent fiscal year for which complete data on workload
or production of health care for both systems exists;
(E) the total cost of health care by beneficiary
category in each system in the most recent fiscal year
for which complete cost data for both systems exists;
(F) the total staffing of medical and
administrative personnel in each system as of September
30, 2005;
(G) the number and location of facilities,
including both hospitals and clinics, operated by each
system as of that date; and
(H) the size, capacity, and production of graduate
medical education programs in each system as of that
date.
(2) A comparative analysis of the characteristics of each
health care system, including a determination and comparative
analysis of--
(A) the mission of such systems;
(B) the demographic characteristics of the
populations served by such systems;
(C) the categories of eligibility for health care
services in such systems;
(D) the nature of benefits available by beneficiary
category in such systems;
(E) access to and quality of health care services
in such systems;
(F) the out-of-pocket expenses for health care by
beneficiary category in such systems;
(G) the structure and methods of financing the care
for all categories of beneficiaries in such systems;
(H) the management and acquisition of medical
equipment and supplies in such systems, including
pharmaceuticals and prosthetic and other medical
assistive devices;
(I) the mix of health care services available in
such systems;
(J) the current inpatient and outpatient capacity
of such systems; and
(K) the human resource systems for medical
personnel in such systems, including the rates of
compensation for civilian employees.
(3) A summary of current sharing efforts between the health
care systems of the Department of Defense and the Department of
Veterans Affairs.
(4) An assessment of the advantages and disadvantages for
military retirees and their dependents participating in the
health care system of the Department of Veterans Affairs of an
expanded partnership between the health care systems of the
Department of Defense and the Department of Veterans Affairs,
with a separate assessment to be made for--
(A) military retirees and dependents under the age
of 65; and
(B) military retirees and dependents over the age
of 65.
(5) Projections for the future growth of health care costs
for retirees and veterans in the health care systems of the
Department of Defense and the Department of Veterans Affairs,
including recommendations on mechanisms to ensure more
effective and higher quality services in the future for
military retirees and veterans now served by both systems.
(6) Options for means of achieving a more effective
partnership between the health care systems of the Department
of Defense and the Department of Veterans Affairs, including
options for the expansion of, and enhancement of access of
military retirees and their dependents to, the health care
system of the Department of Veterans Affairs.
(c) Solicitation of View.--In preparing the report required by
subsection (a), the Comptroller General shall seek the views of
representatives of military family organizations, military retiree
organizations, and organizations representing veterans and their
families.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committees on Armed Services and Veterans Affairs'
of the Senate; and
(2) the Committees on Armed Services and Veterans Affairs'
of the House of Representatives.

SEC. 724. STUDY AND REPORT ON CIVILIAN AND MILITARY PARTNERSHIP
PROJECT.

(a) Study.--The Secretary of Defense shall conduct a study on the
feasibility of conducting a military and civilian partnership project
to permit employees of the Department of Defense and of a non-profit
health care entity to jointly staff and provide health care services to
military personnel and civilians at a Department of Defense military
treatment facility.
(b) Report.--Not later than December 31, 2006, the Secretary of
Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a
report on the study required by subsection (a).

Subtitle C--Other Matters

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

(a) Study Required.--
(1) In general.--The Secretary of Defense shall conduct a
study of adverse health events that may be associated with use
of anti-malarial drugs, including mefloquine.
(2) Participation of certain researchers.--The Secretary
shall ensure the participation in the study of epidemiological
and clinical researchers of the Federal Government outside the
Department of Defense, and of epidemiological and clinical
researchers outside the Federal Government.
(b) Matters Covered.--The study required by subsection (a) shall
include the following:
(1) A comparison of adverse health events that may be
associated with different anti-malarial drugs, including
mefloquine.
(2) An analysis of the extent to which mefloquine may be a
risk factor contributing to suicides among members of the Armed
Forces.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report on the study required by subsection (a).

SEC. 732. PILOT PROJECTS ON EARLY DIAGNOSIS AND TREATMENT OF POST
TRAUMATIC STRESS DISORDER AND OTHER MENTAL HEALTH
CONDITIONS.

(a) Pilot Projects Required.--The Secretary of Defense shall carry
out not less than three pilot projects to evaluate the efficacy of
various approaches to improving the capability of the military and
civilian health care systems to provide early diagnosis and treatment
of Post Traumatic Stress Disorder (PTSD) and other mental health
conditions.
(b) Pilot Project Requirements.--
(1) Mobilization-demobilization facility.--
(A) In general.--One of the pilot projects under
subsection (a) shall be carried out at a military
medical facility at a large military installation at
which the mobilization or demobilization of members of
the Armed Forces occurs.
(B) Elements.--The pilot project under this
paragraph shall be designed to evaluate and produce
effective diagnostic and treatment approaches for use
by primary care providers in the military health care
system in order to improve the capability of such
providers to diagnose and treat Post Traumatic Stress
Disorder in a manner that avoids the referral of
patients to specialty care by a psychiatrist or other
mental health professional.
(2) National guard or reserve facility.--
(A) In general.--One of the pilot projects under
subsection (a) shall be carried out at the location of
a National Guard or Reserve unit or units that are
located more than 40 miles from a military medical
facility and whose personnel are served primarily by
civilian community health resources.
(B) Elements.--The pilot project under this
paragraph shall be designed--
(i) to evaluate approaches for providing
evidence-based clinical information on Post
Traumatic Stress Disorder to civilian primary
care providers; and
(ii) to develop educational materials and
other tools for use by members of the National
Guard or Reserve who come into contact with
other members of the National Guard or Reserve
who may suffer from Post Traumatic Stress
Disorder in order to encourage and facilitate
early reporting and referral for treatment.
(3) Internet-based diagnosis and treatment.--One of the
pilot projects under subsection (a) shall be designed to
evaluate--
(A) Internet-based automated tools available to
military and civilian health care providers for the
early diagnosis and treatment of Post Traumatic Stress
Disorder, and for tracking patients who suffer from
Post Traumatic Stress Disorder; and
(B) Internet-based tools available to family
members of members of the Armed Forces in order to
assist such family members in the identification of the
emergence of Post Traumatic Stress Disorder.
(c) Report.--Not later than June 1, 2006, the Secretary shall
submit to the congressional defense committees a report on the pilot
projects to be carried out under this section. The report shall include
a description of each such pilot project, including the location of the
pilot projects under paragraphs (2) and (3) of subsection (b), and the
scope and objectives of each such pilot project.
(d) Funding.--
(1) In general.--(A) The amount authorized to be
appropriated by section 303(a) for the Defense Health Program
is hereby increased by $10,000,000.
(B) Of the amount authorized to be appropriated by section
303(a) for the Defense Health Program, as increased by
subparagraph (A), $10,000,000 shall be available for pilot
projects under this section.
(C) The amount available under subparagraph (B) shall
remain available until expended.
(2) Offset.--The amount authorized to be appropriated by
section 301(2) for operation and maintenance for the Navy is
hereby decreased by $10,000,000.

SEC. 733. 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.
(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).

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

Subtitle A--Acquisition Policy and Management

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

(a) Inspector General Reviews and Determinations.--
(1) In general.--For each non-defense agency of the Federal
Government that procured property or services in excess of
$100,000,000 on behalf of the Department of Defense during
fiscal year 2005, the Inspector General of the Department of
Defense and the Inspector General of such non-defense agency
shall, not later than March 15, 2006, jointly--
(A) review--
(i) the procurement policies, procedures,
and internal controls of such non-defense
agency that are applicable to the procurement
of property and services on behalf of the
Department by such non-defense agency; and
(ii) the administration of those policies,
procedures, and internal controls; and
(B) determine in writing whether--
(i) such non-defense agency is compliant
with defense procurement requirements;
(ii) such non-defense agency is not
compliant with defense procurement
requirements, but made significant progress
during 2005 toward ensuring compliance with
defense procurement requirements; or
(iii) neither of the conclusions stated in
clauses (i) and (ii) is correct in the case of
such non-defense agency.
(2) Actions following certain determinations.--If the
Inspectors General determine under paragraph (1) that the
conclusion stated in clause (ii) or (iii) of subparagraph (B)
of such paragraph is correct in the case of a non-defense
agency, those Inspectors General shall, not later than March
15, 2007, jointly--
(A) conduct a second review, as described in
paragraph (1)(A), regarding such non-defense agency's
procurement of property or services on behalf of the
Department of Defense in fiscal year 2006; and
(B) determine in writing whether such non-defense
agency is or is not compliant with defense procurement
requirements.
(b) Compliance With Defense Procurement Requirements.--For the
purposes of this section, a non-defense agency is compliant with
defense procurement requirements if such non-defense agency's
procurement policies, procedures, and internal controls applicable to
the procurement of products and services on behalf of the Department of
Defense, and the manner in which they are administered, are adequate to
ensure such non-defense agency's compliance with the requirements of
laws and regulations that apply to procurements of property and
services made directly by the Department of Defense.
(c) Memoranda of Understanding Between Inspectors General.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Inspector General of the
Department of Defense and the Inspector General of each non-
defense agency referred to in subsection (a) shall enter into a
memorandum of understanding with each other to carry out the
reviews and make the determinations required by this section.
(2) Scope of memoranda.--The Inspector General of the
Department of Defense and the Inspector General of a non-
defense agency may by mutual agreement conduct separate reviews
of the procurement of property and services on behalf of the
Department of Defense that are conducted by separate business
units, or under separate governmentwide acquisition contracts,
of such non-defense agency. In any case where such separate
reviews are conducted, the Inspectors General shall make
separate determinations under paragraphs (1) and (2) of
subsection (a), as applicable, with respect to each such
separate review.
(d) Limitations on Procurements on Behalf of Department of
Defense.--
(1) Limitation during review period.--After March 15, 2006,
and before March 16, 2007, no official of the Department of
Defense may, except as provided in subsection (e) or (f),
order, purchase, or otherwise procure property or services in
an amount in excess of $100,000 through a non-defense agency
for which a determination described in paragraph (1)(B)(iii) of
subsection (a) has been made under that subsection.
(2) Limitation after review period.--After March 15, 2007,
no official of the Department of Defense may, except as
provided in subsection (e) or (f), order, purchase, or
otherwise procure property or services in an amount in excess
of $100,000 through a non-defense agency that, having been
subject to review under this section, has not been determined
under this section as being compliant with defense procurement
requirements.
(e) Exception From Applicability of Limitations.--
(1) Exception.--No limitation applies under subsection (d)
with respect to the procurement of property and services on
behalf of the Department of Defense by a particular non-defense
agency during any period that there is in effect a
determination of the Under Secretary of Defense for
Acquisition, Technology, and Logistics, made in writing, that
it is necessary in the interest of the Department of Defense to
continue to procure property and services through such non-
defense agency.
(2) Applicability of determination.--A written
determination with respect to a non-defense agency under
paragraph (1) is in effect for the period, not in excess of one
year, that the Under Secretary of Defense for Acquisition,
Technology, and Logistics shall specify in the written
determination. The Under Secretary may extend from time to
time, for up to one year at a time, the period for which the
written determination remains in effect.
(f) Termination of Applicability of Limitations.--Subsection (d)
shall cease to apply to a non-defense agency on the date on which the
Inspector General of the Department of Defense and the Inspector
General of that agency jointly--
(1) determine that such non-defense agency is compliant
with defense procurement requirements; and
(2) notify the Secretary of Defense of that determination.
(g) Identification of Procurements Made During a Particular Fiscal
Year.--For the purposes of subsection (a), a procurement shall be
treated as being made during a particular fiscal year to the extent
that funds are obligated by the Department of Defense for that
procurement in that fiscal year.
(h) Inapplicability to Certain GSA Contracts.--This section does
not apply as follows:
(1) To Client Support Centers of the Federal Technology
Service of the General Services Administration, which are
subject to review under section 802 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375; 118 Stat. 2004; 10 U.S.C. 2302).
(2) To any purchase through the multiple award schedules
established by the Administrator of General Services, as
described in section 2302(2)(C) of title 10, United States
Code, unless such purchase is made through--
(A) a non-defense agency other than the General
Services Administration; or
(B) a business unit of the General Services
Administration that is not responsible for
administering the multiple award schedules program.
(i) Definitions.--In this section:
(1) The term ``non-defense agency'' means a department or
agency of the Federal Government outside the Department of
Defense, except as excluded under subsection (h).
(2) The term ``governmentwide acquisition contract'', with
respect to a non-defense agency, means a task or delivery order
contract that--
(A) is entered into by the non-defense agency; and
(B) may be used as the contract under which
property or services are procured for one or more other
departments or agencies of the Federal Government.

SEC. 802. CONTRACT SUPPORT ACQUISITION CENTERS.

(a) Establishment.--
(1) Organization; duties.--Subchapter I of chapter 8 of
title 10, United States Code, is amended by adding at the end
the following new section:
``Sec. 197. Contract Support Acquisition Centers
``(a) Establishment.--(1) The Secretary of Defense shall establish
within the Defense Logistics Agency a Defense Contract Support
Acquisition Center.
``(2) The Secretary of each military department shall establish a
Contract Support Acquisition Center for that military department.
``(b) Director.--(1) The Director of a Contract Support Acquisition
Center is the head of the Center.
``(2)(A) The Secretary of Defense shall appoint the Director of the
Defense Contract Support Acquisition Center.
``(B) The Secretary of a military department shall appoint the
Director of the Contract Support Acquisition Center of that department.
``(3) The Director of a Contract Support Acquisition Center shall
be selected from among commissioned officers of the armed forces on
active duty and senior civilian officers and employees of the
Department of Defense who have substantial experience in the
acquisition of contract services.
``(c) Duties Regarding Acquisitions.--(1)(A) The Director of the
Defense Contract Support Acquisition Center shall act as the executive
agent within the Department of Defense for each acquisition of contract
services in excess of the simplified acquisition threshold for the
Department of Defense, other than an acquisition referred to in
subparagraph (B).
``(B) The Director of the Contract Support Acquisition Center of a
military department shall act as the executive agent within that
military department for each acquisition of contract services in excess
of the simplified acquisition threshold for such military department.
``(2) In carrying out paragraph (1), the Director of a Center
shall--
``(A) develop and maintain policies, procedures, and best
practices guidelines addressing the acquisition of contract
services for the Secretary appointing the Director, including
policies, procedures, and best practices guidelines for--
``(i) acquisition planning;
``(ii) solicitation and contract award;
``(iii) requirements development and management;
``(iv) contract tracking and oversight;
``(v) performance evaluation; and
``(vi) risk management;
``(B) assign responsibility for carrying out the
acquisition of contract services to employees of the Center and
other appropriate organizational elements under the
jurisdiction of that Secretary;
``(C) dedicate fulltime commodity managers to coordinate
the acquisition of key categories of services;
``(D) ensure that contract services being acquired to meet
the Secretary's requirements for those services are acquired by
means of a contract, or a task or delivery order, that--
``(i) is in the best interests of the Department of
Defense or, in the case of the Director of the Center
for a military department, the best interests of that
military department; and
``(ii) is entered into or issued, and is managed,
in compliance with applicable laws, regulations, and
directives, and other applicable requirements;
``(E) ensure that competitive procedures and performance-
based contracting are used to the maximum extent practicable
for the acquisition of contract services for that Secretary;
and
``(F) monitor data collection under section 2330a of this
title and periodically conduct a spending analysis to ensure
that funds expended for the acquisition of contract services
for the Secretary are being expended in the most rational and
economical manner practicable.
``(d) Duties Regarding Acquisition Personnel.--The Directors of the
Contract Support Acquisition Centers shall work with appropriate
officials of the Department of Defense--
``(1) to identify the critical skills and competencies
needed to carry out the acquisition of contract services on
behalf of the Department of Defense; and
``(2) to develop a comprehensive strategy for recruiting,
training, and deploying employees to meet the requirements for
those skills and competencies.
``(e) Scope of Authority.--The authority of the Director of a
Contract Support Acquisition Center under this section applies to
acquisitions in excess of the simplified acquisition threshold.
``(f) Exclusivity of Authority.--(1) After September 30, 2009, no
officer or employee of the Federal Government outside the Defense
Contract Support Acquisition Center may, without the prior written
approval of the Director of the Center or the Secretary of Defense,
engage in a procurement action for the acquisition of contract services
for the Department of Defense that is valued in excess of the
simplified acquisition threshold, other than a procurement action
covered by paragraph (2).
``(2) After September 30, 2009, no officer or employee of the
Federal Government outside the Contract Support Acquisition Center of a
military department may, without the prior written approval of the
Director of the Center, the Secretary of Defense, or the Secretary of
that military department, engage in a procurement action for the
acquisition of contract services for that military department that is
valued in excess of the simplified acquisition threshold.
``(3) In this subsection, the term `procurement action' includes
the following actions:
``(A) Entry into a contract or any other form of agreement.
``(B) Issuance of a task order, delivery order, or military
interdepartmental purchase request.
``(g) Staff and Support.--(1) The Secretary appointing the Director
of a Contract Support Acquisition Center shall ensure that the Director
of the Center is provided a staff and administrative support that are
adequate for the Director to perform the duties of the position under
this section effectively.
``(2) The Secretary of Defense may transfer to the Defense Contract
Support Acquisition Center any personnel within the Department of
Defense whose principal duty is the acquisition of contract services
for the Department of Defense.
``(3) The Secretary of a military department may transfer to the
Contract Support Acquisition Center of that military department any
personnel within such military department whose principal duty is the
acquisition of contract services for that military department.
``(h) Transfers of Nondefense Organizations.--(1) Except as
provided in paragraph (5), the Secretary of Defense may accept from the
head of a department or agency outside the Department of Defense a
transfer to any of the Contract Support Acquisition Centers of all or
part of any organizational unit of such other department or agency that
is primarily engaged in the acquisition of contract services if, during
the most recent year for which data are available before such transfer,
more than 50 percent of the contract services acquired by such
organizational unit (determined on the basis of cost) were acquired on
behalf of the Department of Defense.
``(2) The head of a department or agency outside the Department of
Defense may transfer in accordance with this section an organizational
unit that is authorized to be accepted under paragraph (1).
``(3) A transfer under this subsection may be made and accepted
only pursuant to a memorandum of understanding that is entered into by
the head of the department or agency making the transfer and the
Secretary of Defense.
``(4) A transfer of an organizational unit under this section shall
include the transfer of the personnel of such organizational unit, the
assets of such organizational unit, and the contracts of such
organizational unit, to the extent provided in the memorandum of
understanding governing the transfer of the unit.
``(5) This section does not authorize a transfer of the multiple
award schedule program of the General Services Administration described
in section 2302(2)(C) of this title.
``(i) Simplified Acquisition Threshold.--In this section, the term
`simplified acquisition threshold' has the meaning given that term in
section 2302(7) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:

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

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

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

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

(a) Requirement for Authorization.--
(1) In general.--Chapter 140 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2379. Requirement for authorization for procurement of major
weapon systems as commercial items
``(a) Requirement for Authorization.--A major weapon system of the
Department of Defense may be treated as a commercial item, or purchased
under procedures established for the procurement of commercial items,
only if specifically authorized by Congress.
``(b) Treatment of Subsystems and Components as Commercial Items.--
A subsystem or component of a major weapon system shall be treated as a
commercial item and purchased under procedures established for the
procurement of commercial items if such subsystem or component
otherwise meets the requirements for treatment as a commercial item.
``(c) Major Weapon System Defined.--In this section, the term
`major weapon system' means a weapon system acquired pursuant to a
major defense acquisition program (as that term is defined in section
2430 of this title).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 140 of such title is amended by adding at
the end the following new item:

``2379. Requirement for authorization for procurement of major weapon
systems as commercial items.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
to contracts entered on or after such date.

SEC. 805. REPORT ON SERVICE SURCHARGES FOR PURCHASES MADE FOR MILITARY
DEPARTMENTS THROUGH OTHER DEPARTMENT OF DEFENSE AGENCIES.

(a) Reports by Military Departments.--For each of fiscal years 2005
and 2006, the Secretary of each military department shall, not later
than 60 days after the last day of that fiscal year, submit to the
Under Secretary of Defense for Acquisition, Technology, and Logistics a
report on the service charges imposed on such military department for
purchases in amounts greater than the simplified acquisition threshold
that were made for that military department during such fiscal year
through a contract entered into by an agency of the Department of
Defense other than that military department. The report shall specify
the amounts of the service charges and identify the services provided
in exchange for such charges.
(b) Analysis of Military Department Reports.--Not later than 90
days after receiving a report of the Secretary of a military department
for a fiscal year under subsection (a), the Under Secretary of Defense
for Acquisition, Technology, and Logistics shall review the service
charges delineated in such report for the acquisitions covered by the
report and the services provided in exchange for such charges and shall
compare those charges with the costs of the alternative means for
making such acquisitions. The analysis shall include the Under
Secretary's determinations of whether the imposition and amounts of the
service charges were reasonable.
(c) Report to Congress.--Not later than April 1, 2006 (for reports
for fiscal year 2005 under subsection (a)), and not later than April 1,
2007 (for reports for fiscal year 2006 under subsection (a)), the Under
Secretary of Defense for Acquisition, Technology, and Logistics shall
submit to the congressional defense committees a report on the reports
submitted by the Secretaries of the military departments under
subsection (a), together with the Under Secretary's determinations
under subsection (b) with regard to the matters set forth in those
reports.
(d) Simplified Acquisition Threshold Defined.--In this section, the
term ``simplified acquisition threshold'' has the meaning given such
term in section 4(11) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(11)).

SEC. 806. REVIEW OF DEFENSE ACQUISITION STRUCTURES.

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

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.

SEC. 808. 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. 809. 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. 809A. 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 (including a specific
timetable), or to be taken, 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.

SEC. 809B. 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.

SEC. 809C. 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.

SEC. 809D. 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
5000.1.
(2) The term ``approved to be fielded'' means having
received Milestone C approval.

SEC. 809E. TEMPORARY INAPPLICABILITY OF BERRY AMENDMENT TO PROCUREMENTS
OF SPECIALTY METALS 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 specialty metals if such
specialty metals are used to produce force protection equipment needed
to prevent combat fatalities in Iraq or Afghanistan.
(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.

SEC. 809F. 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.
``(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. 809G. 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).

SEC. 809H. 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.''.

SEC. 809I. MODIFICATION AND EXTENSION OF PILOT PROGRAM ON SHARE-IN-
SAVINGS CONTRACTS.

(a) Inclusion of Information Technology Improvements in Share-In-
Savings.--Paragraph (1) of subsection (a) of section 2332 of title 10,
United States Code, is amended by adding at the end the following new
sentence: ``Each such contract shall provide that the contractor shall
incur the cost of implementing information technology improvements,
including costs incurred in acquiring, installing, maintaining, and
upgrading information technology equipment and training personnel in
the use of such equipment, in exchange for a share of any savings
directly resulting from the implementation of such improvements during
the term of the contract.''.
(b) Contract Performance Evaluation.--Such subsection is further
amended--
(1) in paragraph (3), by striking ``, to the maximum extent
practicable,'';
(2) by striking paragraph (4);
(3) by redesignating paragraph (5) as paragraph (7); and
(4) inserting after paragraph (3) the following new
paragraphs:
``(4) The head of an agency that enters into contracts pursuant to
the authority of this section shall establish a panel of employees of
such agency, independent of any program office or contracting office
responsible for awarding and administering such contracts, for the
purpose of verifying performance baselines and methodologies for
calculating savings resulting from the implementation of information
technology improvements under such contracts. Employees assigned to any
such panel shall have experience and expertise appropriate for the
duties of such panel.
``(5) Each contract awarded pursuant to the authority of this
section shall include a provision containing a quantifiable baseline of
current and projected costs, a methodology for calculating actual costs
during the period of performance, and a savings share ratio governing
the amount of payments the contractor is to receive under such contract
that are certified by a panel established pursuant to paragraph (4) to
be financially sound and based on the best available information.
``(6) Each contract awarded pursuant to the authority of this
section shall--
``(A) provide that aggregate payments to the contractor may
not exceed the amount the agency would have paid, in accordance
with the baseline of current and projected costs incorporated
in such contract, during the period covered by such contract;
and
``(B) require an independent annual audit of actual costs
in accordance with the methodology established under paragraph
(5)(B), which shall serve as a basis for annual payments based
on savings share ratio established in such contract.''.
(c) Extension of Pilot Program.--Such section is further amended--
(1) in subsection (b)(3)(B), by striking ``fiscal years
2003, 2004, and 2005'' and inserting ``fiscal years 2003
through 2007''; and
(2) in subsection (d), by striking ``September 30, 2005''
and inserting ``September 30, 2007''.
(d) Reports to Congress.--
(1) Secretary of defense reports.--Not later than March 31,
2006, and each year thereafter until the year after the
termination of the pilot program under section 2332 of title
10, United States Code (as amended by subsection (a)), the
Secretary of Defense shall submit to Congress a report
containing a list of each contract entered into by each Federal
agency under such section during the preceding year that
contains terms providing for the contractor to implement
information technology improvements in exchange for a share of
the savings derived from the implementation of such
improvements. The report shall set forth, for each contract
listed--
(A) the information technology performance acquired
by reason of the improvements concerned;
(B) the total amount of payments made to the
contractor during the year covered by the report; and
(C) the total amount of savings or other measurable
benefits realized by the Federal agency during such
year as a result of such improvements.
(2) Comptroller general reports.--Not later than two months
after the Secretary submits a report required by paragraph (1),
the Comptroller General of the United States shall submit to
Congress a report on the costs and benefits to the United
States of the implementation of the technology improvements
under the contracts covered by such report, together with such
recommendations as the Comptroller General considers
appropriate.

SEC. 809J. SENSE OF SENATE ON APPLICABILITY OF COMPETITION EXCEPTIONS
TO ELIGIBILITY OF NATIONAL GUARD FOR FINANCIAL ASSISTANCE
FOR PERFORMANCE OF ADDITIONAL DUTIES.

It is the sense of the Senate that the amendment made by section
806 of the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2010) permits the
Secretary of Defense to provide financial assistance to the Army
National Guard for the performance of additional duties specified in
section 113(a) of title 32, United States Code, without the use of
competitive procedures under the standard exceptions to the use of such
procedures in accordance with section 2304(c) of title 10, United
States Code.

Subtitle B--Defense Industrial Base Matters

SEC. 811. CLARIFICATION OF EXCEPTION FROM BUY AMERICAN REQUIREMENTS FOR
PROCUREMENT OF PERISHABLE FOOD FOR ESTABLISHMENTS OUTSIDE
THE UNITED STATES.

Section 2533a(d)(3) of title 10, United States Code, is amended by
inserting ``, or for,'' after ``perishable foods by''.

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

(a) Authority for Annual Waiver.--Subchapter V of chapter 148 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 2539c. Domestic source or content requirements: one-year waiver
for certain countries with reciprocal defense procurement
agreements with the United States
``(a) Waiver Authority.--Subject to subsection (g), upon making a
determination under subsection (b) that a foreign country described by
that subsection has not qualitatively or quantitatively increased
exports of defense items, as determined by the Secretary of Defense for
purposes of this section, to the People's Republic of China during the
fiscal year in which such determination is made, the Secretary of
Defense may waive the application of any domestic source requirement or
domestic content requirement referred to in subsection (c) and thereby
authorize the procurement of items that are grown, reprocessed, reused,
produced, or manufactured in such foreign country during the fiscal
year following the fiscal year in which such determination is made.
``(b) Annual Determinations.--Not later than September 30 each
fiscal year, the Secretary of Defense may determine whether or not a
foreign country with which the United States had in force during such
fiscal year a reciprocal defense procurement memorandum of
understanding or agreement qualitatively or quantitatively increased
exports of defense items to the People's Republic of China during such
fiscal year. Each such determination shall be in writing.
``(c) Covered Requirements.--For purposes of this section:
``(1) A domestic source requirement is any requirement
under law that the Department of Defense satisfy its
requirements for an item by procuring an item that is grown,
reprocessed, reused, produced, or manufactured in the United
States or by a manufacturer that is a part of the national
technology and industrial base (as defined in section 2500(1)
of this title).
``(2) A domestic content requirement is any requirement
under law that the Department of Defense satisfy its
requirements for an item by procuring an item produced or
manufactured partly or wholly from components and materials
grown, reprocessed, reused, produced, or manufactured in the
United States.
``(d) Effective Period of Waiver.--Any waiver of the application of
any domestic source requirement or domestic content with respect to a
foreign country under subsection (a) shall be effective only for the
fiscal year following the fiscal year in which is made the
determination on which such waiver is based.
``(e) Limitation on Delegation.--The authority of the Secretary of
Defense to waive the application of domestic source or content
requirements under subsection (a) may not be delegated to any officer
or employee other than the Deputy Secretary of Defense or the Under
Secretary of Defense for Acquisition, Technology, and Logistics.
``(f) Consultations.--The Secretary of Defense may grant a waiver
of the application of a domestic source or content requirement under
subsection (a) only after consultation with the United States Trade
Representative, the Secretary of Commerce, and the Secretary of State.
``(g) Laws Not Waivable.--The Secretary of Defense may not exercise
the authority under subsection (a) to waive any domestic source or
content requirement contained in any of the following laws:
``(1) The Small Business Act (15 U.S.C. 631 et seq.).
``(2) The Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).
``(3) Section 2533a of this title.
``(4) Sections 7309 and 7310 of this title.
``(h) Relationship to Other Waiver Authority.--The authority under
subsection (a) to waive a domestic source requirement or domestic
content requirement is in addition to any other authority to waive such
requirement.
``(i) Clarification of Relationship With Buy American Act.--Nothing
in this section shall be construed to alter in any way the
applicability of the Buy American Act (41 U.S.C. 10a), or the authority
of the Secretary of Defense to waive the requirements of such Act, with
respect to the procurement of any item to which such Act would apply
without regard to this section.
``(j) Construction With Respect to Later Enacted Laws.--This
section may not be construed as being inapplicable to a domestic source
requirement or domestic content requirement that is set forth in a law
enacted after the enactment of this section solely on the basis of the
later enactment of such law.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter V of such chapter is amended by adding at the end the
following new item:

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

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

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

SEC. 814. 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
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.''.

Subtitle C--Defense Contractor Matters

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

(a) Requirements.--
(1) In general.--Chapter 141 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2410p. Defense contractors: requirements concerning former
Department of Defense officials
``(a) In General.--Each contract for the procurement of goods or
services in excess of $10,000,000, other than a contract for the
procurement of commercial items, that is entered into by the Department
of Defense shall include a provision under which the contractor agrees
to submit to the Secretary of Defense, not later than April 1 of each
year such contract is in effect, a written report setting forth the
information required by subsection (b).
``(b) Report Information.--A report by a contractor under
subsection (a) shall--
``(1) list the name of each person who--
``(A) is a former officer or employee of the
Department of Defense or a former or retired member of
the armed forces; and
``(B) during the preceding calendar year was
provided compensation by the contractor, if such
compensation was first provided by the contractor--
``(i) not more than two years after such
officer, employee, or member left service in
the Department of Defense; and
``(ii) not more than two years before the
date on which the report is required to be
submitted; and
``(2) in the case of each person listed under paragraph
(1)--
``(A) identify the agency in which such person was
employed or served on active duty during the last two
years of such person's service with the Department of
Defense;
``(B) state such person's job title and identify
each major defense system, if any, on which such person
performed any work with the Department of Defense
during the last two years of such person's service with
the Department; and
``(C) state such person's current job title with
the contractor and identify each major defense system
on which such person has performed any work on behalf
of the contractor.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 141 of such title is amended by adding at
the end the following new item:

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

SEC. 822. REVIEW OF CERTAIN CONTRACTOR ETHICS MATTERS.

(a) In General.--The Secretary of Defense shall, in consultation
with the Director of the Office of Government Ethics and the
Administrator for Federal Procurement Policy, conduct a review of the
ethics considerations raised by the following:
(1) The performance by contractor employees of functions
closely associated with inherently governmental functions.
(2) The performance by contractor employees of other
functions historically performed by Government employees in the
Federal workplace.
(b) Options To Be Addressed.--The review under subsection (a) shall
include the consideration of a broad range of options for addressing
the ethics considerations described in that subsection, including--
(1) amending the Federal Acquisition Regulation to address
ethics and personal conflict of interest concerns for
contractor employees;
(2) implementing the Federal Acquisition Regulation, as so
amended, through the incorporation of appropriate provisions in
Federal agency contracts and in the solicitations for such
contracts;
(3) requiring such contracts and solicitations to state
that contractor employees will be bound by certain ethics
standards, whether contractor-imposed or Government-imposed;
(4) encouraging Federal agency personnel to consider
including provisions in contracts and solicitations that
address conflict of interest issues and require contractor
personnel to receive training on Government ethics rules; and
(5) continuing to identify and mitigate conflicts and
ethics concerns involving contractor personnel on a case-by-
case basis.
(c) Report.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report setting forth the
findings and recommendations of the Secretary as a result of
the review under subsection (a) and the consideration of
options under subsection (b).
(2) Additional views.--The report under paragraph (1) shall
set forth the views, if any, of the Director of the Office of
Government Ethics and the Administrator for Federal Procurement
Policy on the matters covered by the report.
(d) Functions Closely Associated With Inherently Governmental
Functions Defined.--In this section, the term ``functions closely
associated with inherently governmental functions'' has the meaning
given such term in section 2383(b)(3) of title 10, United States Code.

SEC. 823. CONTRACT FRAUD RISK ASSESSMENT.

(a) Risk Assessment Team.--(1) Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense shall
establish a risk assessment team to assess the vulnerability of
Department of Defense contracts to fraud, waste, and abuse.
(2) The risk assessment team shall be chaired by the Inspector
General of the Department of Defense and shall include representatives
of the Defense Logistics Agency, the Defense Contract Management
Agency, the Defense Contract Audit Agency, the Army, the Navy, and the
Air Force.
(3) The risk assessment team shall--
(A) review the contracting systems and internal controls of
the Department of Defense and the systems and controls of prime
contractors of the Department of Defense to identify areas of
vulnerability of Department of Defense contracts to fraud,
waste, and abuse; and
(B) prepare a report on the results of its review.
(4) Not later than six months after the date of the enactment of
this Act, the chairman of the risk assessment team shall submit the
report prepared under paragraph (3)(B) to the Secretary of Defense and
the congressional defense committees.
(b) Comptroller General Review.--(1) Not later than 60 days after
the date on which the report of the risk assessment team is submitted
under subsection (a)(4), the Comptroller General of the United States
shall--
(A) review the methodology used by the risk assessment team
and the results of the team's review; and
(B) submit a report on the Comptroller General's review to
the congressional defense committees.
(2) The report under paragraph (1)(B) shall include the Comptroller
General's findings and any recommendations that the Comptroller
considers appropriate.
(c) Action Plan.--Not later than three months after receiving the
report of the risk assessment team under subsection (a)(4), the
Secretary of Defense shall develop and submit to the congressional
defense committees a plan of actions for addressing the areas of
vulnerability identified in the report. If the Secretary determines
that no action is necessary with regard to an area of vulnerability,
the report shall include a discussion of the rationale for that
determination.

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

(a) Quarterly Reports.--
(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.

Subtitle D--Defense Acquisition Workforce Matters

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

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

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

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

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

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

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).

Subtitle E--Other Matters

SEC. 841. EXTENSION OF CONTRACT GOAL FOR SMALL DISADVANTAGED BUSINESS
AND CERTAIN INSTITUTIONS OF HIGHER EDUCATION.

Section 2323(k) of title 10, United States Code, is amended by
striking ``2006'' both places it appears and inserting ``2009''.

SEC. 842. CODIFICATION AND MODIFICATION OF LIMITATION ON MODIFICATION
OF MILITARY EQUIPMENT WITHIN FIVE YEARS OF RETIREMENT OR
DISPOSAL.

(a) Codification and Modification of Limitation.--
(1) In general.--Chapter 141 of title 10, United States
Code, as amended by section 821(a)(1) of this Act, is further
amended by adding at the end the following new section:
``Sec. 2410q. Modification of equipment within five years of retirement
or disposal
``(a) In General.--Except as provided in subsection (b), a military
department may not modify an aircraft, vessel, weapon, or other item of
equipment if the military department plans to retire or otherwise
dispose of such equipment within 5 years of the date of the completion
of such modification.
``(b) Exceptions.--The prohibition in subsection (a) shall not
apply to any modification as follows:
``(1) A modification for safety purposes.
``(2) Any other modification but only if the aggregate cost
of all such modifications for the aircraft, vessel, weapon, or
other item of equipment concerned during any fiscal year,
including any procurement, installation, or removal costs, is
less than $100,000.
``(c) Waiver.--The Secretary of a military department may waive the
prohibition in subsection (a) with respect to a modification referred
to in that subsection if such Secretary--
``(1) determines that the waiver is in the national
security interests of the United States; and
``(2) notifies the congressional defense committees of such
determination in writing.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter, as amended by section 821(a)(2) of
this Act, is further amended by adding at the end the following
new item:

``2410q. Modification of equipment within five years of retirement or
disposal.''.
(b) Repeal of Superseded Limitation.--Section 8053 of the
Department of Defense Appropriations Act, 1998 (Public Law 105-56; 111
Stat. 1232; 10 U.S.C. 2241 note) is repealed.

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

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

SEC. 844. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE
PROJECTS.

Section 845 of the National Defense Authorization Act for Fiscal
Year 1994 (10 U.S.C. 2371 note) is amended--
(1) in subsection (a)--
(A) by striking ``The Director'' and inserting
``(1) Subject to paragraph (2), the Director''; and
(B) by adding at the end the following new
paragraph:
``(2) The authority of this section--
``(A) does not extend to any prototype project that is
expected to cost in excess of $100,000,000; and
``(B) may be exercised for a prototype project that is
expected to cost in excess of $20,000,000 only upon a written
determination by the senior procurement executive for the
agency (as designated for the purpose of section 16(c) of the
Office of Federal Procurement Policy Act (41 U.S.C. 414(c))
that--
``(i) the requirements of subsection (d) will be
met; and
``(ii) the use of a standard contact, grant, or
cooperative agreement for such project is not feasible
or appropriate.'';
(2) by redesignating subsection (h) as subsection (i); and
(3) by inserting after subsection (g) the following new
subsection (h):
``(h) Applicability of Procurement Ethics Requirements.--An
agreement entered into under the authority of this section shall be
treated as a Federal agency procurement for the purposes of section 27
of the Office of Federal Procurement Policy Act (41 U.S.C. 423).''.

SEC. 845. EXTENSION OF CERTAIN AUTHORITIES ON CONTRACTING WITH
EMPLOYERS OF PERSONS WITH DISABILITIES.

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

SEC. 846. PILOT PROGRAM ON EXPANDED PUBLIC-PRIVATE PARTNERSHIPS FOR
RESEARCH AND DEVELOPMENT.

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

SEC. 847. INCREASED LIMIT APPLICABLE TO ASSISTANCE PROVIDED UNDER
CERTAIN PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.

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

SEC. 848. 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.''.

SEC. 849. 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.''.

SEC. 850. 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.''.

SEC. 851. 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.''.

SEC. 852. 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.

SEC. 853. 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--
(1) standardization of the data required to be reported by
such technology;
(2) standardization of the manufacturing quality required
for such technology; and
(3) 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 section (a).

SEC. 854. 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 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 receive 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).

SEC. 855. TERMINATION OF PROGRAM.

Section 711(c) of the Small Business Competitive Demonstration
Program Act of 1988 (15 U.S.C. 644 note) is amended by inserting after
``January 1, 1989'' the following: ``, and shall terminate on the date
of enactment of the National Defense Authorization Act for Fiscal Year
2006''.

SEC. 856. MODIFICATION OF LIMITED ACQUISITION AUTHORITY FOR THE
COMMANDER OF THE UNITED STATES JOINT FORCES COMMAND.

(a) Scope of Authority.--Subsection (a) of section 167a of title
10, United States Code, is amended by striking and ``and acquire'' and
inserting ``, acquire, and sustain''.
(b) Inapplicability to Certain Systems Funded With Operation and
Maintenance Funds.--Subsection (d) of such section is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) the total expenditure for operation and maintenance
is estimated to be $2,000,000 or more.''.
(c) Extension of Authority.--Subsection (f) of such section is
amended--
(1) by striking ``through 2006'' and inserting ``through
2009''; and
(2) by striking ``September 30, 2006'' and inserting
``September 30, 2009''.

SEC. 857. CONTRACTING INCENTIVE FOR SMALL POWER PLANTS ON FORMER
MILITARY BASES.

(a) Authorization.--Notwithstanding the limitation in
section 501(b)(1)(B) of title 40, United States Code, the
Administrator of the General Services Administration is
authorized to contract for public utility services for a period
of not more than 20 years, provided that such services are
electricity services procured from a small power plant located
on a qualified HUBZone base closure area.
(b) Definition of Small Power Plant.--In this section, the
term small power plant includes any power facility or project
with electrical output of not more than 60 megawatts.
(c) Definition of Public Utility Electric Services.--In
this section, the term ``public utility services'', with
respect to electricity services, includes electricity supplies
and services, including transmission, generation, distribution,
and other services directly used in providing electricity.
(d) Definition of HUBZone Base Closure Area.--In this
section, the term ``HUBZone base closure area'' has the same
meaning as such term is defined in section 3(p)(4)(D) the Small
Business Act, 15 U.S.C. 632(p)(4)(D).
(e) Applicability of Other Provisions of Law.--Contracting
pursuant to this section shall be subject to all other laws and
regulations applicable to contracting for public utility
services.

SEC. 858. EXTENSION OF ANNUAL REPORTS ON MATURITY OF TECHNOLOGY AT
INITIATION OF MAJOR DEFENSE ACQUISITION PROGRAMS.

Section 804(a) of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-107; 115 Stat. 1180) is amended by striking
``through 2006'' and inserting ``through 2010''.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

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

SEC. 901. DIRECTORS OF SMALL BUSINESS PROGRAMS.

(a) Redesignation of Existing Positions and Offices.--(1) Each of
the following positions within the Department of Defense is
redesignated as the Director of Small Business Programs:
(A) The Director of Small and Disadvantaged Business
Utilization of the Department of Defense.
(B) The Director of Small and Disadvantaged Business
Utilization of the Department of the Army.
(C) The Director of Small and Disadvantaged Business
Utilization of the Department of the Navy.
(D) The Director of Small and Disadvantaged Business
Utilization of the Department of the Air Force.
(2) Each of the following offices within the Department of Defense
is redesignated as the Office of Small Business Programs:
(A) The Office of Small and Disadvantaged Business
Utilization of the Department of Defense.
(B) The Office of Small and Disadvantaged Business
Utilization of the Department of the Army.
(C) The Office of Small and Disadvantaged Business
Utilization of the Department of the Navy.
(D) The Office of Small and Disadvantaged Business
Utilization of the Department of the Air Force.
(3) Any reference in any law, regulation, document, paper, or other
record of the United States to a position or office redesignated by
paragraph (1) or (2) shall be deemed to be a reference to the position
or office as so redesignated.
(b) Department of Defense Position and Office.--(1) Chapter 4 of
title 10, United States Code, is amended by inserting after section
133b the following new section:
``Sec. 133c. Director of Small Business Programs
``(a) Director.--There is a Director of Small Business Programs in
the Department of Defense. The Director is appointed by the Secretary
of Defense.
``(b) Office of Small Business Programs.--The Office of Small
Business Programs of the Department of Defense is the office that is
established within the Office of the Secretary of Defense under section
15(k) of the Small Business Act (15 U.S.C. 644(k)). The Director of
Small Business Programs is the head of such office.
``(c) Duties and Powers.--(1) The Director of Small Business
Programs shall, subject to paragraph (2), perform such duties regarding
small business programs of the Department of Defense, and shall
exercise such powers regarding those programs, as the Secretary of
Defense may prescribe.
``(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)),
except for the designations of the Director and the Office, applies to
the Director of Small Business Programs.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 133b the
following new item:

``133c. Director of Small Business Programs.''.
(c) Department of the Army Position and Office.--(1) Chapter 303 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 3024. Director of Small Business Programs
``(a) Director.--There is a Director of Small Business Programs in
the Department of the Army. The Director is appointed by the Secretary
of the Army.
``(b) Office of Small Business Programs.--The Office of Small
Business Programs of the Department of the Army is the office that is
established within the Department of the Army under section 15(k) of
the Small Business Act (15 U.S.C. 644(k)). The Director of Small
Business Programs is the head of such office.
``(c) Duties and Powers.--(1) The Director of Small Business
Programs shall, subject to paragraph (2), perform such duties regarding
small business programs of the Department of the Army, and shall
exercise such powers regarding those programs, as the Secretary of the
Army may prescribe.
``(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)),
except for the designations of the Director and the Office, applies to
the Director of Small Business Programs.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:

``3024. Director of Small Business Programs.''.
(d) Department of the Navy Position and Office.--(1) Chapter 503 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 5028. Director of Small Business Programs
``(a) Director.--There is a Director of Small Business Programs in
the Department of the Navy. The Director is appointed by the Secretary
of the Navy.
``(b) Office of Small Business Programs.--The Office of Small
Business Programs of the Department of the Navy is the office that is
established within the Department of the Navy under section 15(k) of
the Small Business Act (15 U.S.C. 644(k)). The Director of Small
Business Programs is the head of such office.
``(c) Duties and Powers.--(1) The Director of Small Business
Programs shall, subject to paragraph (2), perform such duties regarding
small business programs of the Department of the Navy, and shall
exercise such powers regarding those programs, as the Secretary of the
Navy may prescribe.
``(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)),
except for the designations of the Director and the Office, applies to
the Director of Small Business Programs.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:

``5028. Director of Small Business Programs.''.
(d) Department of the Air Force Position and Office.--(1) Chapter
803 of title 10, United States Code, is amended by adding at the end
the following new section:
``Sec. 8024. Director of Small Business Programs
``(a) Director.--There is a Director of Small Business Programs in
the Department of the Air Force. The Director is appointed by the
Secretary of the Air Force.
``(b) Office of Small Business Programs.--The Office of Small
Business Programs of the Department of the Air Force is the office that
is established within the Department of the Air Force under section
15(k) of the Small Business Act (15 U.S.C. 644(k)). The Director of
Small Business Programs is the head of such office.
``(c) Duties and Powers.--(1) The Director of Small Business
Programs shall, subject to paragraph (2), perform such duties regarding
small business programs of the Department of the Air Force, and shall
exercise such powers regarding those programs, as the Secretary of the
Air Force may prescribe.
``(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)),
except for the designations of the Director and the Office, applies to
the Director of Small Business Programs.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:

``8024. Director of Small Business Programs.''.

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

(a) Designation of Executive Agent.--The Secretary of Defense shall
designate an official within the Department of Defense to act as
executive agent to manage the acquisition of capabilities necessary to
defend the homeland against cruise missiles, unmanned aerial vehicles,
and other low-altitude aircraft that may be launched against the United
States.
(b) Coordination of Activities.--The official designated as
executive agent under subsection (a) shall, in order to promote
commonality and limit duplication of effort, coordinate in the
acquisition of capabilities described in that subsection with
appropriate officials of the following:
(1) The Missile Defense Agency.
(2) The Joint Theater Air and Missile Defense Organization.
(3) The United States Northern Command.
(4) The United States Strategic Command.
(5) Such other elements of the Department of Defense, and
of other departments and agencies of the United States
Government, as the Secretary considers appropriate for purposes
of this section.
(c) Plan for Defense Against Attack.--
(1) Plan required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a plan for the
defense of the United States against cruise missiles, unmanned
aerial vehicles, and other low altitude aircraft that may be
launched against the United States.
(2) Focus of plan.--In developing the plan, the Secretary
shall focus on the role of Department of Defense components in
the defense of the United States against an attack described in
paragraph (1), but shall also address the role, if any, of
other departments and agencies of the United States Government
in that defense.
(3) Elements.--The plan shall include the following:
(A) An identification of the capabilities required
by the Department of Defense in order to fulfill its
mission to defend the homeland against cruise missiles,
unmanned aerial vehicles, and other low altitude
aircraft, and an identification of any current
shortfalls in such capabilities.
(B) A schedule for implementing the plan.
(C) A statement of the funding required to
implement the Department of Defense portion of the
plan.
(D) An identification of the roles and missions, if
any, of other departments and agencies of the United
States Government in contributing to the defense of the
United States against attack described in subparagraph
(A).
(4) Scope of plan.--The plan shall be coordinated with
Department of Defense plans for defending the United States
against attack by short-range to medium-range ballistic
missiles.

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

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

SEC. 904. AMERICAN FORCES NETWORK.

(a) Findings.--The Senate makes the following findings:
(1) The mission of the American Forces Radio and Television
Service (AFRTS) and its American Forces Network (AFN), a
worldwide radio and television broadcast network, is to deliver
command information by providing United States military
commanders overseas and at sea with a broadcast media that
effectively communicates information to personnel under their
commands, including information from the Department of Defense,
information from the Armed Forces, and information unique to
the theater and localities in which such personnel are
stationed or deployed.
(2) The American Forces Radio and Television Service and
the American Forces Network provide a ``touch of home'' to
members of the Armed Forces, civilian employees of the
Department of Defense, and their families stationed at bases
and at embassies and consulates in more than 179 countries, as
well as Navy, Coast Guard, and Military Sealift Command ships
at sea, by providing the same type and quality of radio and
television programming (including news, information, sports,
and entertainment) that would be available in the continental
United States. Additionally, the American Forces Network plays
an important role in enabling military commanders to
disseminate official information to members of the Armed Forces
and their families, thus making popularity and acceptance key
factors in ensuring effective communication.
(3) It is American Forces Radio and Television Service and
American Forces Network policy that, except for the Pentagon
Channel service, programming is acquired from distributors of
the most popular television program airing in the continental
United States. Much of the programming is provided at no cost
to the United States Government. The remainder of the
programming is provided at less-than-market rates to cover
distributors' costs and obligations. Depending on the audience
segment or demographic targeted, programs that perform well are
acquired and scheduled to maximize audiences for internal and
command information exposure.
(4) American Forces Radio and Television Service and
American Forces Network select programming that represents a
cross-section of popular American radio and television,
tailored toward the worldwide audience of the American Forces
Radio and Television Service and the American Forces Network.
Schedules emulate programming practices in the United States,
and programs are aired in accordance with network broadcast
standards. Specifically, policy on programming seeks--
(A) to provide balance and diversity;
(B) to deliver a cross-section of popular
programming;
(C) to target appropriate demographics; and
(D) to maintain network broadcast standards.
(5) The ``Voice Channel'', or radio programming, of the
American Forces Radio and Television Service and American
Forces Network is chosen to address requirements specified by
the military broadcasting services and the detachment
commanders of their affiliate radio stations. American Forces
Network Radio makes a best faith effort to obtain the top-rated
program of its sort at the time of selection, at no cost to the
United States Government. American Forces Network Radio usually
retains a scheduled program until it is no longer produced, too
few American Forces Network affiliates choose to schedule the
program locally, or a similar program so thoroughly dominates
its audience in the United States that the American Forces
Radio and Television Service switches to this program to offer
the higher rated show to the overseas audience.
(6) American Forces Network Radio personnel review the
major trade publications to monitor announcements of new
programs, follow the ratings of established programs, and keep
aware of programming trends. When a program addressing a need
identified by a Military Broadcasting Service or an American
Forces Network affiliate becomes available to the American
Forces Network, or a program seems especially worthy of
consideration, American Forces Network Radio informs the
affiliates and supplies samples to gauge affiliate interest. If
affiliates commit to broadcasting the new show, American Forces
Network Radio seeks to schedule it.
(7) The managers of the American Forces Radio and
Television Service continually update their programming options
and, in November 2005, decided to include additional programs
that meet the criteria that American Forces Radio and
Television Service managers apply to such decisions, and that,
consistent with American Forces Radio and Television Service
and American Forces Network procedures, local programmers at 33
locations around the globe decide which programs actually are
broadcast. American Forces Radio and Television Service have
consistently sought to provide a broad, high quality range of
choices for local station managers.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the men and women of the American Forces Radio and
Television Service and the Armed Forces Network should be
commended for providing a vital service to the military
community worldwide; and
(2) the programming mission, themes, and practices of the
Department of Defense with respect to its television and radio
programming have fairly and responsively fulfilled their
mission of providing a ``touch of home'' to members of the
Armed Forces and their families around the world and have
contributed immeasurably to high morale and quality of life in
the Armed Forces.
(c) Authority To Appoint Ombudsman as Intermediary.--The Secretary
of Defense may appoint an individual to serve as ombudsman of the
American Forces Network. Any ombudsman so appointed shall act as an
intermediary between the staff of the American Forces Network and the
Department of Defense, military commanders, and listeners to the
programming of the American Forces Network.

SEC. 905. REPORT ON ESTABLISHMENT OF A DEPUTY SECRETARY OF DEFENSE FOR
MANAGEMENT.

(a) Not later than 15 days after the enactment of this Act, the
Secretary of Defense shall select two Federally Funded Research and
Development Centers to conduct independent studies of the feasibility
and advisability of  establishing a Deputy Secretary of Defense for
Management. Each study under this section shall be delivered to the
Secretary and the congressional defense committees not later than March
15, 2006.
(b) Content of Studies.--Each study required by this section shall
address--
(1) the extent to which the establishment of a Deputy
Secretary of Defense for Management would:
(A) improve the management of the Department of
Defense;
(B) expedite the process of management reform in
the Department; and
(C) enhance the implementation of business systems
modernization in the Department;
(2) the appropriate relationship of the Deputy Secretary of
Defense for Management to other Department of Defense
officials;
(3) the appropriate term of service for a Deputy Secretary
of Defense for Management; and
(4) the experience of any other Federal agencies that have
instituted similar management positions.
(c) For the purposes of this section, a Deputy Secretary of Defense
for Management is an official who--
(1) serves as the Chief Management Officer of the
Department of Defense;
(2) is the principal advisor to the Secretary of Defense on
matters relating to the management of the Department of
Defense, including defense business activities, to ensure
Department-wide capability to carry out the strategic plan of
the Department of Defense in support of national security
objectives; and
(3) takes precedence in the Department of Defense
immediately after the Deputy Secretary of Defense.

SEC. 906. 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).
(E) Section 5001(a)(1).
(F) Section 5143.
(G) Section 5596(c).
(H) Section 6323(f).
(I) Section 6327.
(J) Section 6330(b).
(K) Section 6331(a)(2).
(L) Section 6336.
(M) Section 6389.
(N) Section 6911(c)(1).
(O) Section 6913(a).
(P) Section 6915.
(Q) Section 6954(b)(3).
(R) Section 6956(a)(2).
(S) Section 6959.
(T) Section 7225.
(U) Section 7226.
(V) Section 7605(1).
(W) Section 7852.
(X) Section 7853.
(Y) Section 7854.
(Z) Section 10101(3).
(AA) Section 10108.
(BB) Section 10172.
(CC) Section 10301(a)(7).
(DD) Section 10303.
(EE) Section 12004(e)(2).
(FF) Section 12005.
(GG) Section 12010.
(HH) Section 12011(a)(2).
(II) Section 12012(a).
(JJ) Section 12103.
(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, 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. 466(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.

SEC. 907. RESPONSIBILITY OF THE JOINT CHIEFS OF STAFF AS MILITARY
ADVISERS TO THE HOMELAND SECURITY COUNCIL.

(a) Responsibility as Military Advisers.--
(1) In general.--Subsection (b) of section 151 of title 10,
United States Code, is amended--
(A) in paragraph (1), by inserting ``the Homeland
Security Council,'' after ``the National Security
Council,''; and
(B) in paragraph (2), by inserting ``the Homeland
Security Council,'' after ``the National Security
Council,''.
(2) Consultation by chairman.--Subsection (c)(2) of such
section is amended by inserting ``the Homeland Security
Council,'' after ``the National Security Council,'' both places
it appears.
(3) Advice and opinions of members other than chairman.--
Subsection (d) of such section is amended--
(A) in paragraph (1), by inserting ``the Homeland
Security Council,'' after ``the National Security
Council,'' both places it appears; and
(B) in paragraph (2), by inserting ``the Homeland
Security Council,'' after ``the National Security
Council,''.
(4) Advice on request.--Subsection (e) of such section is
amended by inserting ``the Homeland Security Council,'' after
``the National Security Council,'' both places it appears.
(b) Attendance at Meeting of Homeland Security Council.--Section
903 of the Homeland Security Act of 2002 (6 U.S.C. 493) is amended--
(1) by inserting ``(a) Members.--'' before ``The members'';
and
(2) by adding at the end the following new subsection:
``(b) Attendance of Chairman of Joint Chiefs of Staff at
Meetings.--The Chairman of the Joint Chiefs of Staff (or, in the
absence of the Chairman, the Vice Chairman of the Joint Chiefs of
Staff) may, in the role of the Chairman of the Joint Chiefs of Staff as
principal military adviser to the Homeland Security Council and subject
to the direction of the President, attend and participate in meetings
of the Homeland Security Council.''.

Subtitle B--Space Activities

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

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

Subtitle C--Other Matters

SEC. 921. ACCEPTANCE OF GIFTS AND DONATIONS FOR DEPARTMENT OF DEFENSE
REGIONAL CENTERS FOR SECURITY STUDIES.

(a) Authority To Accept.--
(1) In general.--Section 2611 of title 10, United States
Code, is amended to read as follows:
``Sec. 2611. Regional centers for security studies: acceptance of gifts
and donations
``(a) Authority To Accept Gifts and Donations.--Subject to
subsection (c), the Secretary of Defense may, on behalf of any
Department of Defense regional center for security studies, any
combination of such centers, or such centers generally, accept from any
source specified in subsection (b) any gift or donation for purposes of
defraying the costs, or enhancing the operation, of such center,
combination of centers, or centers generally, as the case may be.
``(b) Sources.--The sources from which gifts and donations may be
accepted under subsection (a) are the following:
``(1) The government of a State or a political subdivision
of a State.
``(2) The government of a foreign country.
``(3) A foundation or other charitable organization,
including a foundation or charitable organization this is
organized or operates under the laws of a foreign country.
``(4) Any source in the private sector of the United States
or a foreign country.
``(c) Limitation.--The Secretary may not accept a gift or donation
under subsection (a) if acceptance of the gift or donation would
compromise or appear to compromise--
``(1) the ability of the Department of Defense, any
employee of the Department, or any member of the armed forces
to carry out the responsibility or duty of the Department in a
fair and objective manner; or
``(2) the integrity of any program of the Department, or of
any person involved in such a program.
``(d) Criteria for Acceptance.--The Secretary shall prescribe
written guidance setting forth the criteria to be used in determining
whether the acceptance of a gift or donation would have a result
described in subsection (c).
``(e) Crediting of Funds.--(1) There is established on the books of
the Treasury of the United States an account to be known as the
`Regional Centers for Security Studies Account'.
``(2) Gifts and donations of money accepted under subsection (a)
shall be credited to the Account, and shall be available until
expended, without further appropriation, to defray the costs, or
enhance the operation, of the regional center, combination of centers,
or centers generally for which donated under that subsection.
``(f) Gift or Donation Defined.--In this section, the term `gift or
donation' means any gift or donation of funds, materials (including
research materials), real or personal property, or services (including
lecture services and faculty services).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 155 of such title is amended by striking
the item relating to section 2611 and inserting the following
new item:

``2611. Regional centers for security studies: acceptance of gifts and
donations.''.
(b) Conforming Amendments.--
(1) Section 1306 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2892) is
amended by striking subsection (a).
(2) Section 1065 of the National Defense Authorization Act
for Fiscal Year 1997 (10 U.S.C. 113 note) is amended--
(A) by striking subsection (a); and
(B) by redesignating subsections (b) and (c) as
subsections (a) and (b), respectively.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2005.

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

(a) Protection of Operational Files of Defense Intelligence
Agency.--(1) Title VII of the National Security Act of 1947 (50 U.S.C.
431 et. seq.) is amended by adding at the end the following new
section:

``operational files of the defense intelligence agency

``Sec. 705. (a) Exemption of Operational Files.--The Director of
the Defense Intelligence Agency, in coordination with the Director of
National Intelligence, may exempt operational files of the Defense
Intelligence Agency from the provisions of section 552 of title 5,
United States Code, which require publication, disclosure, search, or
review in connection therewith.
``(b) Operational Files Defined.--(1) In this section, the term
`operational files' means--
``(A) files of the Directorate of Human Intelligence of the
Defense Intelligence Agency (and any successor organization of
that directorate) that document the conduct of foreign
intelligence or counterintelligence operations or intelligence
or security liaison arrangements or information exchanges with
foreign governments or their intelligence or security services;
and
``(B) files of the Directorate of Technology of the Defense
Intelligence Agency (and any successor organization of that
directorate) that document the means by which foreign
intelligence or counterintelligence is collected through
technical systems.
``(2) Files that are the sole repository of disseminated
intelligence are not operational files.
``(c) Search and Review for Information.--Notwithstanding
subsection (a), exempted operational files shall continue to be subject
to search and review for information concerning:
``(1) United States citizens or aliens lawfully admitted
for permanent residence who have requested information on
themselves pursuant to the provisions of section 552 or 552a of
title 5, United States Code.
``(2) Any special activity the existence of which is not
exempt from disclosure under the provisions of section 552 of
title 5, United States Code.
``(3) The specific subject matter of an investigation by
any of the following for any impropriety, or violation of law,
Executive Order, or Presidential directive, in the conduct of
an intelligence activity:
``(A) The Committee on Armed Services and the
Permanent Select Committee on Intelligence of the House
of Representatives.
``(B) The Committee on Armed Services and the
Select Committee on Intelligence of the Senate.
``(C) The Intelligence Oversight Board.
``(D) The Department of Justice.
``(E) The Office of General Counsel of the
Department of Defense or of the Defense Intelligence
Agency.
``(F) The Office of Inspector General of the
Department of Defense or of the Defense Intelligence
Agency.
``(G) The Office of the Director of the Defense
Intelligence Agency.
``(d) Information Derived or Disseminated From Exempted Operational
Files.--(1) Files that are not exempted under subsection (a) and
contain information derived or disseminated from exempted operational
files shall be subject to search and review.
``(2) The inclusion of information from exempted operational files
in files that are not exempted under subsection (a) shall not affect
the exemption under subsection (a) of the originating operational files
from search, review, publication, or disclosure.
``(3) The declassification of some of the information contained in
exempted operational files shall not affect the status of the
operational file as being exempt from search, review, publication, or
disclosure.
``(4) Records from exempted operational files that have been
disseminated to and referenced in files that are not exempted under
subsection (a) and that have been returned to exempted operational
files for sole retention shall be subject to search and review.
``(e) Allegation; Improper Withholding of Records; Judicial
Review.--(1) Except as provided in paragraph (2), whenever any person
who has requested agency records under section 552 of title 5, alleges
that the Defense Intelligence Agency has withheld records improperly
because of failure to comply with any provision of this section,
judicial review shall be available under the terms set forth in section
552(a)(4)(B) of title 5, United States Code.
``(2) Judicial review shall not be available in the manner provided
under paragraph (1) as follows:
``(A) In any case in which information specifically
authorized under criteria established by an Executive order to
be kept secret in the interest of national defense or foreign
relations which is filed with, or produced for, the court by
the Defense Intelligence Agency, such information shall be
examined ex parte, in camera by the court.
``(B) The court shall determine, to the fullest extent
practicable, issues of fact based on sworn written submissions
of the parties.
``(C) When a complainant alleges that requested records
were improperly withheld because of improper placement solely
in exempted operational files, the complainant shall support
such allegation with a sworn written submission based upon
personal knowledge or otherwise admissible evidence.
``(D)(i) When a complainant alleges that requested records
were improperly withheld because of improper exemption of
operational files, the Defense Intelligence Agency shall meet
its burden under section 552(a)(4)(B) of title 5, United States
Code, by demonstrating to the court by sworn written submission
that exempted operational files likely to contain responsible
records currently perform the functions set forth in subsection
(b).
``(ii) The court may not order the Defense Intelligence
Agency to review the content of any exempted operational file
or files in order to make the demonstration required under
clause (i), unless the complainant disputes the Defense
Intelligence Agency's showing with a sworn written submission
based on personal knowledge or otherwise admissible evidence.
``(E) In proceedings under subparagraphs (C) and (D), the
parties shall not obtain discovery pursuant to rules 26 through
36 of the Federal Rules of Civil Procedure, except that
requests for admission may be made pursuant to rules 26 and 36.
``(F) If the court finds under this subsection that the
Defense Intelligence Agency has improperly withheld requested
records because of failure to comply with any provision of this
subsection, the court shall order the Defense Intelligence
Agency to search and review the appropriate exempted
operational file or files for the requested records and make
such records, or portions thereof, available in accordance with
the provisions of section 552 of title 5, United States Code,
and such order shall be the exclusive remedy for failure to
comply with this section (other than subsection (f)).
``(G) If at any time following the filing of a complaint
pursuant to this paragraph the Defense Intelligence Agency
agrees to search the appropriate exempted operational file or
files for the requested records, the court shall dismiss the
claim based upon such complaint; and
``(H) Any information filed with, or produced for the court
pursuant to subparagraphs (A) and (D) shall be coordinated with
the Director of National Intelligence before submission to the
court.
``(f) Decennial Review of Exempted Operational Files.--(1) Not less
than once every 10 years, the Director of the Defense Intelligence
Agency and the Director of National Intelligence shall review the
exemptions in force under subsection (a) to determine whether such
exemptions may be removed from a category of exempted files or any
portion thereof. The Director of National Intelligence must approve any
determinations to remove such exemptions.
``(2) The review required by paragraph (1) shall include
consideration of the historical value or other public interest in the
subject matter of the particular category of files or portions thereof
and the potential for declassifying a significant part of the
information contained therein.
``(3) A complainant that alleges that the Defense Intelligence
Agency has improperly withheld records because of failure to comply
with this subsection may seek judicial review in the district court of
the United States of the district in which any of the parties reside,
or in the District of Columbia. In such a proceeding, the court's
review shall be limited to determining the following:
``(A) Whether the Defense Intelligence Agency has conducted
the review required by paragraph (1) before the expiration of
the 10-year period beginning on the date of the enactment of
this section or before the expiration of the 10-year period
beginning on the date of the most recent review.
``(B) Whether the Defense Intelligence Agency, in fact,
considered the criteria set forth in paragraph (2) in
conducting the required review.''.
(2) The table of contents for that Act is amended by inserting
after the item relating to section 704 the following new item:

``Sec. 705. Operational files of the Defense Intelligence Agency.''.
(b) Search and Review of Certain Other Operational Files.--The
National Security Act of 1947 is further amended--
(1) in section 702(a)(3)(C) (50 U.S.C. 432(a)(3)(C)), by
adding the following new clause:
``(vi) The Office of the Inspector General of the
National Geospatial-Intelligence Agency.'';
(2) in section 703(a)(3)(C) (50 U.S.C. 432a(a)(3)(C)), by
adding at the end the following new clause:
``(vii) The Office of the Inspector General of the
NRO.''; and
(3) in section 704(c)(3) (50 U.S.C. 432b(c)(3)), by adding
at the end the following subparagraph:
``(H) The Office of the Inspector General of the
National Security Agency.''.

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

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

SEC. 924. UNITED STATES MILITARY CANCER INSTITUTE.

(a) Establishment.--Chapter 104 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2117. United States Military Cancer Institute
``(a) Establishment.--(1) There is a United States Military Cancer
Institute in the University. The Director of the United States Military
Cancer Institute is the head of the Institute.
``(2) The Institute is composed of clinical and basic scientists in
the Department of Defense who have an expertise in research, patient
care, and education relating to oncology and who meet applicable
criteria for participation in the Institute.
``(3) The components of the Institute include military treatment
and research facilities that meet applicable criteria and are
designated as affiliates of the Institute.
``(b) Research.--(1) The Director of the United States Military
Cancer Institute shall carry out research studies on the following:
``(A) The epidemiological features of cancer, including
assessments of the carcinogenic effect of genetic and
environmental factors, and of disparities in health, inherent
or common among populations of various ethnic origins.
``(B) The prevention and early detection of cancer.
``(C) Basic, translational, and clinical investigation
matters relating to the matters described in subparagraphs (A)
and (B).
``(2) The research studies under paragraph (1) shall include
complementary research on oncologic nursing.
``(c) Collaborative Research.--The Director of the United States
Military Cancer Institute shall carry out the research studies under
subsection (b) in collaboration with other cancer research
organizations and entities selected by the Institute for purposes of
the research studies.
``(d) Annual Report.--(1) Promptly after the end of each fiscal
year, the Director of the United States Military Cancer Institute shall
submit to the President of the University a report on the results of
the research studies carried out under subsection (b).
``(2) Not later than 60 days after receiving the annual report
under paragraph (1), the President of the University shall transmit
such report to the Secretary of Defense and to Congress.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

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

SEC. 925. 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.''.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

SEC. 1001. TRANSFER AUTHORITY.

(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for
fiscal year 2006 between any such authorizations for that
fiscal year (or any subdivisions thereof). Amounts of
authorizations so transferred shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(2) Aggregate limitation.--The total amount of
authorizations that the Secretary may transfer under the
authority of this section may not exceed $3,500,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).

SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.

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

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

(a) Fiscal Year 2006 Limitation.--The total amount contributed by
the Secretary of Defense in fiscal year 2006 for the common-funded
budgets of NATO may be any amount up to, but not in excess of, the
amount specified in subsection (b) (rather than the maximum amount that
would otherwise be applicable to those contributions under the fiscal
year 1998 baseline limitation).
(b) Total Amount.--The amount of the limitation applicable under
subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end of
fiscal year 2005, of funds appropriated for fiscal years before
fiscal year 2006 for payments for those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to be
made under section 2501.
(c) Authorized Amounts.--Amounts authorized to be appropriated by
titles II and III of this Act are available for contributions for the
common-funded budgets of NATO as follows:
(1) Of the amount provided in section 201(1), $763,000 for
the Civil Budget.
(2) Of the amount provided in section 301(1), $238,364,000
for the Military Budget.
(d) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term ``common-
funded budgets of NATO'' means the Military Budget, the
Security Investment Program, and the Civil Budget of the North
Atlantic Treaty Organization (and any successor or additional
account or program of NATO).
(2) Fiscal year 1998 baseline limitation.--The term
``fiscal year 1998 baseline limitation'' means the maximum
annual amount of Department of Defense contributions for
common-funded budgets of NATO that is set forth as the annual
limitation in section 3(2)(C)(ii) of the resolution of the
Senate giving the advice and consent of the Senate to the
ratification of the Protocols to the North Atlantic Treaty of
1949 on the Accession of Poland, Hungary, and the Czech
Republic (as defined in section 4(7) of that resolution),
approved by the Senate on April 30, 1998.

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

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

SEC. 1005. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR
2005.

Amounts authorized to be appropriated to the Department of Defense
and the Department of Energy for fiscal year 2005 in the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375) are hereby adjusted, with respect to any such authorized
amount, by the amount by which appropriations pursuant to such
authorization are increased (by a supplemental appropriation) or
decreased (by a rescission), or both, or are increased by a transfer of
funds, pursuant to title I or chapter 2 of title IV of the Emergency
Supplemental Appropriations Act for Defense, the Global War on Terror,
and Tsunami Relief, 2005 (Public Law 109-13).

SEC. 1006. INCREASE IN FISCAL YEAR 2005 TRANSFER AUTHORITY.

Section 1001(a)(2) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2034) is amended by striking ``$3,500,000,000'' and inserting
``$6,185,000,000''.

SEC. 1007. MONTHLY DISBURSEMENT TO STATES OF STATE INCOME TAX
VOLUNTARILY WITHHELD FROM RETIRED OR RETAINER PAY.

Section 1045(a) of title 10, United States Code, is amended--
(1) by striking ``quarter'' the first place it appears and
inserting ``month''; and
(2) by striking ``during the month following that calendar
quarter'' and inserting ``during the following calendar
month''.

SEC. 1008. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR
THE DEPARTMENT OF DEFENSE.

(a) First Emergency Supplemental To Meet Needs Arising From
Hurricane Katrina.--Amounts authorized to be appropriated to the
Department of Defense for fiscal year 2005 in the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (Public Law
108-375) are hereby adjusted, with respect to any such authorized
amount, by the amount by which appropriations pursuant to such
authorized amount are increased by a supplemental appropriation, or by
a transfer of funds, pursuant to the Emergency Supplemental
Appropriations Act to Meet Immediate Needs Arising From the
Consequences of Hurricane Katrina, 2005 (Public Law 109-61).
(b) Second Emergency Supplemental To Meet Needs Arising From
Hurricane Katrina.--Amounts authorized to be appropriated to the
Department of Defense for fiscal year 2005 in the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 are hereby
adjusted, with respect to any such authorized amount, by the amount by
which appropriations pursuant to such authorized amount are increased
by a supplemental appropriation, or by a transfer of funds, pursuant to
the Second Emergency Supplemental Appropriations Act to Meet Immediate
Needs Arising From the Consequences of Hurricane Katrina, 2005 (Public
Law 109-62).
(c) Supplemental Appropriations for Avian Flu Preparedness.--
Amounts authorized to be appropriated to the Department of Defense for
fiscal year 2006 in this Act are hereby adjusted, with respect to any
such authorized amount, by the amount by which appropriations pursuant
to such authorized amount are increased by a supplemental
appropriation, or by a transfer of funds, arising from the proposal of
the Administration relating to avian flu preparedness that was
submitted to Congress on November 1, 2006.
(d) Amounts Reallocated for Hurricane-Related Disaster Relief.--
Amounts authorized to be appropriated to the Department of Defense for
fiscal year 2006 in this Act are hereby adjusted, with respect to any
such authorized amount, by the amount by which appropriations pursuant
to such authorized amount are increased by a reallocation of funds from
the Disaster Relief Fund (DRF) of the Federal Emergency Management
Agency arising from the proposal of the Director of the Office of
Management and Budget on the reallocation of amounts for hurricane-
related disaster relief that was submitted to the President on October
28, 2005, and transmitted to the Speaker of the House of
Representatives on that date.
(e) Amounts for Humanitarian Assistance for Earthquake Victims in
Pakistan.--There is authorized to be appropriated as emergency
supplemental appropriations for the Department of Defense for fiscal
year 2006, $40,000,000 for the use of the Department of Defense for
overseas, humanitarian, disaster, and civic aid for the purpose of
providing humanitarian assistance to the victims of the earthquake that
devastated northern Pakistan on October 8, 2005.
(f) Reports on Use of Certain Funds.--
(1) Report on use of emergency supplemental funds.--Not
later than six months after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional
defense committees a report on the obligation and expenditure,
as of that date, of any funds appropriated to the Department of
Defense for fiscal year 2005 pursuant to the Acts referred to
in subsections (a) and (b) as authorized by such subsections.
The report shall set forth--
(A) the amounts so obligated and expended; and
(B) the purposes for which such amounts were so
obligated and expended.
(2) Report on expenditure of reimbursable funds.--The
Secretary shall include in the report required by paragraph (1)
a statement of any expenditure by the Department of Defense of
funds that were reimbursable by the Federal Emergency
Management Agency, or any other department or agency of the
Federal Government, from funds appropriated in an Act referred
to in subsection (a) or (b) to such department or agency.
(3) Report on use of certain other funds.--Not later than
May 15, 2006, and quarterly thereafter through November 15,
2006, the Secretary shall submit to the congressional defense
committees a report on the obligation and expenditure, during
the previous fiscal year quarter, of any funds appropriated to
the Department of Defense as specified in subsection (c) and
any funds reallocated to the Department as specified in
subsection (d). Each report shall, for the fiscal year quarter
covered by such report, set forth--
(A) the amounts so obligated and expended; and
(B) the purposes for which such amounts were so
obligated and expended.
(g) Report on Assistance for Earthquake Victims in Pakistan.--Not
later than 30 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional defense
committees a report describing Department of Defense efforts to provide
relief to victims of the earthquake that devastated northern Pakistan
on October 8, 2005, and assessing the need for further reconstruction
and relief assistance.

Subtitle B--Naval Vessels and Shipyards

SEC. 1021. TRANSFER OF BATTLESHIPS.

(a) Transfer of Battleship Wisconsin.--The Secretary of the Navy is
authorized--
(1) to strike the Battleship U.S.S. WISCONSIN (BB-64) from
the Naval Vessel Register; and
(2) subject to section 7306 of title 10, United States
Code, to transfer the vessel by gift or otherwise provided that
the Secretary requires, as a condition of transfer, that the
transferee locate the vessel in the Commonwealth of Virginia.
(b) Transfer of Battleship Iowa.--The Secretary of the Navy is
authorized--
(1) to strike the Battleship U.S.S. IOWA (BB-61) from the
Naval Vessel Register; and
(2) subject to section 7306 of title 10, United States
Code, to transfer the vessel by gift or otherwise provided that
the Secretary requires, as a condition of transfer, that the
transferee locate the vessel in the State of California.
(c) Inapplicability of Notice and Wait Requirement.--
Notwithstanding any provision of subsection (a) or (b), section 7306(d)
of title 10, United States Code, shall not apply to the transfer
authorized by subsection (a) or the transfer authorized by subsection
(b).
(d) Repeal of Superseded Requirements and Authorities.--
(1) Section 1011 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 421) is
repealed.
(2) Section 1011 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
Stat. 2118) is repealed.

SEC. 1022. CONVEYANCE OF NAVY DRYDOCK, JACKSONVILLE, FLORIDA.

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

Subtitle C--Counterdrug Matters

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

(a) In General.--Chapter 18 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 383. Use of unmanned aerial vehicles for United States border
reconnaissance
``(a) In General.--The Secretary of Defense is authorized to use
Department of Defense personnel and equipment to conduct aerial
reconnaissance within the area of responsibility of the United States
Northern Command with unmanned aerial vehicles in order to conduct, for
the purposes specified in subsection (b), the following:
``(1) The detection and monitoring of, and communication
on, the movement of air and sea traffic along the United States
border.
``(2) The detection and monitoring of, and communication
on, the movement of surface traffic that is--
``(A) outside of the geographic boundary of the
United States; or
``(B) inside the United States, but within not more
than 25 miles of the geographic boundary of the United
States, with respect to surface traffic first detected
outside the geographic boundary of the United States.
``(b) Purposes of Authorized Activities.--The purposes of
activities authorized by subsection (a) are as follows:
``(1) To detect and monitor suspicious air, sea, and
surface traffic.
``(2) To communicate information on such traffic to
appropriate Federal law enforcement officials, State law
enforcement officials, and local law enforcement officials.
``(c) Funds.--Amounts available to the Department of Defense for
counterdrug activities shall be available for activities authorized by
subsection (a).
``(d) Limitations.--Any limitations and restrictions under this
chapter with respect to the use of personnel, equipment, and facilities
under this chapter shall apply to the exercise of the authority in
subsection (a).
``(e) Annual Reports on Use of Unmanned Aerial Vehicles.--(1) The
Secretary of Defense shall submit to the congressional defense
committees each year a report on the operation of unmanned aerial
vehicles along the United States border under this section during the
preceding year. Each report shall include, for the year covered by such
report, the following:
``(A) A description of the aerial reconnaissance missions
carried out along the United States border by unmanned aerial
vehicles under this section, including the total number of
sorties and flight hours.
``(B) A statement of the costs of such missions.
``(C) A statement of the number of times data collected by
the Department of Defense from such missions was communicated
to other authorities of the Federal Government or to State or
local authorities.
``(2) A report is not required under this subsection for a year if
no operations of unmanned aerial vehicles along the United States
border occurred under this section during such year.
``(3) Each report under this subsection shall be submitted in
unclassified form, but may include a classified annex.
``(f) Definitions.--In this section:
``(1) The term `suspicious air, sea, and surface traffic'
means any air, sea, or surface traffic that is suspected of
illegal activities, including involvement in activities that
would constitute a violation of any provision of law set forth
in or described under section 374(b)(4)(A) of this title.
``(2) The term `State law enforcement officials' includes
authorized members of the National Guard operating under
authority of title 32.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 18 of such title is amended by adding at the end the following
new item:

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

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

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

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

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

Subtitle D--Reports and Studies

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

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

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

(a) In General.--The Secretary of Defense shall, in coordination
with the Director of the Office of Management and Budget and
appropriate officials of the Department of Labor, the Department of
State and the United States Agency for International Development,
review current and future needs, options, and risks associated with
Defense Base Act insurance.
(b) Matters To Be Addressed.--The review under subsection (a) shall
address the following matters:
(1) Cost-effective options for acquiring Defense Base Act
insurance.
(2) Methods for coordinating data collection efforts among
agencies and contractors on numbers of employees, costs of
insurance, and other information relevant to decisions on
Defense Base Act insurance.
(3) Improved communication and coordination within and
among agencies on the implementation of Defense Base Act
insurance.
(4) Actions to be taken to address difficulties in the
administration of Defense Base Act insurance, including on
matters relating to cost, data, enforcement, and claims
processing.
(c) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report on the results of the review under
subsection (a). The report shall set forth the findings of the
Secretary as a result of the review and such recommendations, including
recommendations for legislative or administrative action, as the
Secretary considers appropriate in light of the review.
(d) Defense Base Act Insurance Defined.--In this section, the term
``Defense Base Act insurance'' means workers' compensation insurance
provided to contractor employees pursuant to the Defense Base Act (42
U.S.C. 1651 et seq.).

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

(a) Report Required.--Not later than April 1, 2007, the Comptroller
General of the United States shall submit to the congressional defense
committees a report on the effectiveness of the corrosion prevention
and mitigation programs of the Department of Defense.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An assessment of the document of the Department of
Defense entitled ``Long-Term Strategy to Reduce Corrosion and
the Effects of Corrosion on the Military Equipment and
Infrastructure of the Department of Defense'', dated November
2004.
(2) An assessment of the adequacy for purposes of the
strategy set forth in that document of the funding requested in
the budget of the President for fiscal year 2006, as submitted
to Congress pursuant to section 1105(a) of title 31, United
States Code, and the associated Future-Years Defense Program
under section 221 of title 10, United States Code.
(3) An assessment of the adequacy and effectiveness of the
organizational structure of the Department of Defense in
implementing that strategy.
(4) An assessment of the progress made as of the date of
the report in establishing throughout the Department common
metrics, definitions, and procedures on corrosion prevention
and mitigation.
(5) An assessment of the progress made as of the date of
the report in establishing a baseline estimate of the scope of
the corrosion problems of the Department.
(6) An assessment of the extent to which the strategy of
the Department on corrosion prevention and mitigation has been
revised to incorporate the recommendations of the October 2004
Defense Science Board report on corrosion control.
(7) An assessment of the implementation of the corrosion
prevention and mitigation programs of the Department during
fiscal year 2006.
(8) Recommendations by the Comptroller General for
addressing any shortfalls or areas of potential improvement
identified in the review for purposes of the report.

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).

SEC. 1045. 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 feasibility 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.

SEC. 1046. 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.

SEC. 1047. REPORT ON ALLEGED CLANDESTINE DETENTION FACILITIES FOR
INDIVIDUALS CAPTURED IN THE GLOBAL WAR ON TERRORISM.

(a) In General.--The President shall ensure that the United States
Government continues to comply with the authorization, reporting, and
notification requirements of title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.).
(b) Director of National Intelligence Report.--
(1) Report required.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence shall provide to the members of the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives a detailed report setting forth the nature and
cost of, and otherwise providing a full accounting on, any
clandestine prison or detention facility currently or formerly
operated by the United States Government, regardless of
location, where detainees in the global war on terrorism are or
were being held.
(2) Elements.--The report required by paragraph (1) shall
set forth, for each prison or facility, if any, covered by such
report, the following:
(A) The location and size of such prison or
facility.
(B) If such prison or facility is no longer being
operated by the United States Government, the
disposition of such prison or facility.
(C) The number of detainees currently held or
formerly held, as the case may be, at such prison or
facility.
(D) Any plans for the ultimate disposition of any
detainees currently held at such prison or facility.
(E) A description of the interrogation procedures
used or formerly used on detainees at such prison or
facility, and a determination, in coordination with
other appropriate officials, on whether such procedures
are or were in compliance with United States
obligations under the Geneva Conventions and the
Convention Against Torture.
(3) Form of report.--The report required by paragraph (1)
shall be submitted in classified form.

SEC. 1048. RECORDS OF CIVILIAN CASUALTIES IN AFGHANISTAN AND IRAQ.

Not later than 90 days after enactment of this Act, the Secretary
of Defense shall submit a report to the Committee on Armed Services and
the Committee on Appropriations with the following information--
(a) Whether records of civilian casualties in Afghanistan and Iraq
are kept by United States Armed Forces, and if so, how and from what
sources this information is collected, where it is kept, and who is
responsible for maintaining such records.
(b) Whether such records contain--
(1) any information relating to the circumstances under
which the casualties occurred and whether they were fatalities
or injuries;
(2) if any condolence payment, compensation or assistance
was provided to the victim or to the victim's family; and
(3) any other information relating to the casualties.

SEC. 1049. ANNUAL REPORTS ON BUDGETING RELATING TO KEY MILITARY
EQUIPMENT.

(a) In General.--Chapter 9 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 234. Budgeting for key military equipment: annual reports
``(a) Annual Report Required.--The Secretary of Defense shall
submit to Congress each year, at or about the time that the budget of
the President is submitted to Congress that year under section 1105(a)
of title 31, a report on the budgeting of the Department of Defense for
key military equipment.
``(b) Report Elements.--The report required by subsection (a) for a
year shall set forth the following:
``(1) A description of the current strategies of the
Department of Defense for sustaining key military equipment,
and for any modernization that will be required of such
equipment.
``(2) A description of the amounts required for the
Department for the fiscal year beginning in such year in order
to fully fund the strategies described in paragraph (1).
``(3) A description of the amounts requested for the
Department for such fiscal year in order to fully fund such
strategies.
``(4) A description of the risks, if any, of failing to
fund such strategies in the amounts required to fully fund such
strategies (as specified in paragraph (2)).
``(5) A description of the actions being taken by the
Department of Defense to mitigate the risks described in
paragraph (4).
``(c) Key Military Equipment Defined.--In this section, the term
`key military equipment'--
``(1) means--
``(A) major weapons systems that are essential to
accomplishing the national defense strategy; and
``(B) other military equipment, such as major
command, communications, computer intelligence,
surveillance, and reconnaissance (C4ISR) equipment and
systems designed to prevent fratricide, that is
critical to the readiness of military units; and
``(2) includes equipment reviewed in the report of the
Comptroller General of the United States numbered GAO-06-
141.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

``234. Budgeting for key military equipment: annual reports.''.

SEC. 1049A. QUARTERLY REPORTS ON WAR STRATEGY IN IRAQ.

(a) Quarterly Reports.--At the same time the Secretary of Defense
submits to Congress each report on stability and security in Iraq that
is submitted to Congress after the date of the enactment of this Act
under the Joint Explanatory Statement of the Committee on Conference to
accompany the conference report on the bill H.R. 1268 of the 109th
Congress, the Secretary of Defense and appropriate personnel of the
Central Intelligence Agency shall provide the appropriate committees of
Congress a briefing on the strategy for the war in Iraq, including the
measures of evaluation utilized in determining the progress made in the
execution of that strategy.
(b) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committees on Armed Services and Appropriations of
the Senate; and
(2) the Committees on Armed Services and Appropriations of
the House of Representatives.

Subtitle E--Technical Amendments

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

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

Subtitle F--Military Mail Matters

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

(a) Plan Required.--
(1) In general.--The Secretary of Defense shall promptly
develop and implement a plan to ensure that the mail within the
military mail system is safe for delivery.
(2) Screening.--The plan under this subsection shall
provide for the screening of all mail within the military mail
system in order to detect the presence in such mail of
biological, chemical, or radiological weapons, agents, or
pathogens, or explosive devices, before such mail is delivered
to its intended recipients.
(b) Funding for Plan.--The budget justification materials that are
submitted to Congress with the budget of the President for any fiscal
year after fiscal year 2006, as submitted under section 1105(a) of
title 31, United States Code, shall include a description of the
amounts required in such fiscal year to carry out the plan under
subsection (a).
(c) Report on Safety of Mail for Delivery.--
(1) Report required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary shall submit
to the congressional defense committees a report on the safety
of mail within the military mail system for delivery.
(2) Elements.--The report shall include the following:
(A) An assessment of any existing deficiencies in
the military mail system in ensuring that mail within
such system is safe for delivery.
(B) The plan developed under subsection (a).
(C) An estimate of the time and resources required
to implement the plan.
(D) A description of the delegation within the
Department of Defense of responsibility for ensuring
that mail within the military mail system is safe for
delivery, including responsibility for the development,
implementation, and oversight of improvements to that
system in order to ensure the safety of such mail for
delivery.
(3) Form.--The report shall be submitted in unclassified
form, but may include a classified annex.
(d) Mail Within the Military Mail System Defined.--
(1) In general.--Except as provided in paragraph (2), in
this section, the term ``mail within the military mail
system''--
(A) means--
(i) any mail that is posted through the
Military Post Offices (including Army Post
Offices (APOs) and Fleet Post Offices (FPOs)),
Department of Defense mail centers, military
Air Mail Terminals, and military Fleet Mail
Centers; and
(ii) any mail or package posted in the
United States that is addressed to an
unspecified member of the Armed Forces; and
(B) includes any official mail posted by the
Department of Defense.
(2) Exception.--The term does not include any mail posted
as otherwise described in paragraph (1) that has been screened
for safety for delivery by the United States Postal Service
before its posting as so described.

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

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

Subtitle G--Other Matters

SEC. 1071. POLICY ON ROLE OF MILITARY MEDICAL AND BEHAVIORAL SCIENCE
PERSONNEL IN INTERROGATION OF DETAINEES.

(a) Policy Required.--The Secretary of Defense shall establish the
policy of the Department of Defense on the role of military medical and
behavioral science personnel in the interrogation of persons detained
by the Armed Forces. The policy shall apply uniformly throughout the
Armed Forces.
(b) Report.--Not later than March 1, 2006, the Secretary shall
submit to the congressional defense committees a report on the policy
established under subsection (a). The report shall set forth the
policy, and shall include such additional matters on the policy as the
Secretary considers appropriate.

SEC. 1072. IMPROVEMENTS OF INTERNAL SECURITY ACT OF 1950.

(a) Prohibition on Holding of Security Clearance After Certain
Violations on Handling of Classified Information.--
(1) Prohibition.--Section 4 of the Internal Security Act of
1950 (50 U.S.C. 783) is amended by adding at the end the
following new subsection:
``(b) No person, including individuals in the executive branch and
Members of Congress and their staffs, who knowingly violates a law or
regulation regarding the handling of classified information in a manner
that could have a significant adverse impact on the national security
of the United States, including the knowing disclosure of the identity
of a covert agent of the Central Intelligence Agency or the existence
of classified programs or operations, the disclosure of which could
have such an impact, to a person not authorized to receive such
information, shall be permitted to hold a security clearance for or
obtain access to, classified information.''.
(2) Applicability.--Subsection (f) of section 4 of the
Internal Security Act of 1950, as added by paragraph (1), shall
apply to any individual holding a security clearance on or
after the date of the enactment of this Act with respect to any
knowing violation of law or regulation described in such
subsection, regardless of whether such violation occurs before,
on, or after that date.
(b) Clarification of Authority To Issue Security Regulations and
Orders.--Section 21(a) of the Internal Security Act of 1950 (Public Law
81-831; 64 Stat. 1005) is amended by inserting ``or military or
civilian director'' after ``military commander''.

SEC. 1073. SUPPORT FOR YOUTH ORGANIZATIONS.

(a) Short Title.--This Act may be cited as the ``Support Our Scouts
Act of 2005''.
(b) Support for Youth Organizations.--
(1) Definitions.--In this subsection--
(A) the term ``Federal agency'' means each
department, agency, instrumentality, or other entity of
the United States Government; and
(B) the term ``youth organization''--
(i) means any organization that is
designated by the President as an organization
that is primarily intended to--
(I) serve individuals under the age
of 21 years;
(II) provide training in
citizenship, leadership, physical
fitness, service to community, and
teamwork; and
(III) promote the development of
character and ethical and moral values;
and
(ii) shall include--
(I) the Boy Scouts of America;
(II) the Girl Scouts of the United
States of America;
(III) the Boys Clubs of America;
(IV) the Girls Clubs of America;
(V) the Young Men's Christian
Association;
(VI) the Young Women's Christian
Association;
(VII) the Civil Air Patrol;
(VIII) the United States Olympic
Committee;
(IX) the Special Olympics;
(X) Campfire USA;
(XI) the Young Marines;
(XII) the Naval Sea Cadets Corps;
(XIII) 4-H Clubs;
(XIV) the Police Athletic League;
(XV) Big Brothers--Big Sisters of
America; and
(XVI) National Guard Youth
Challenge.
(2) In general.--
(A) Support for youth organizations.--
(i) Support.--No Federal law (including any rule, regulation,
directive, instruction, or order) shall be construed to limit any
Federal agency from providing any form of support for a youth
organization (including the Boy Scouts of America or any group
officially affiliated with the Boy Scouts of America) that would result
in that Federal agency providing less support to that youth
organization (or any similar organization chartered under the chapter
of title 36, United States Code, relating to that youth organization)
than was provided during the preceding fiscal year. This clause shall
be subject to the availability of appropriations.
(ii) Youth organizations that cease to
exist.--Clause (i) shall not apply to any youth
organization that ceases to exist.
(iii) Waivers.--The head of a Federal
agency may waive the application of clause (i)
to any youth organization with respect to each
conviction or investigation described under
subclause (I) or (II) for a period of not more
than 2 fiscal years if--
(I) any senior officer (including
any member of the board of directors)
of the youth organization is convicted
of a criminal offense relating to the
official duties of that officer or the
youth organization is convicted of a
criminal offense; or
(II) the youth organization is the
subject of a criminal investigation
relating to fraudulent use or waste of
Federal funds.
(B) Types of support.--Support described under this
paragraph shall include--
(i) holding meetings, camping events, or
other activities on Federal property;
(ii) hosting any official event of such
organization;
(iii) loaning equipment; and
(iv) providing personnel services and
logistical support.
(c) Support for Scout Jamborees.--
(1) Findings.--Congress makes the following findings:
(A) Section 8 of article I of the Constitution of
the United States commits exclusively to Congress the
powers to raise and support armies, provide and
maintain a Navy, and make rules for the government and
regulation of the land and naval forces.
(B) Under those powers conferred by section 8 of
article I of the Constitution of the United States to
provide, support, and maintain the Armed Forces, it
lies within the discretion of Congress to provide
opportunities to train the Armed Forces.
(C) The primary purpose of the Armed Forces is to
defend our national security and prepare for combat
should the need arise.
(D) One of the most critical elements in defending
the Nation and preparing for combat is training in
conditions that simulate the preparation, logistics,
and leadership required for defense and combat.
(E) Support for youth organization events simulates
the preparation, logistics, and leadership required for
defending our national security and preparing for
combat.
(F) For example, Boy Scouts of America's National
Scout Jamboree is a unique training event for the Armed
Forces, as it requires the construction, maintenance,
and disassembly of a ``tent city'' capable of
supporting tens of thousands of people for a week or
longer. Camporees at the United States Military Academy
for Girl Scouts and Boy Scouts provide similar training
opportunities on a smaller scale.
(2) Support.--Section 2554 of title 10, United States Code,
is amended by adding at the end the following:
``(i)(1) The Secretary of Defense shall provide at least the same
level of support under this section for a national or world Boy Scout
Jamboree as was provided under this section for the preceding national
or world Boy Scout Jamboree.
``(2) The Secretary of Defense may waive paragraph (1), if the
Secretary--
``(A) determines that providing the support subject to
paragraph (1) would be detrimental to the national security of
the United States; and
``(B) reports such a determination to the Congress in a
timely manner, and before such support is not provided.''.
(d) Equal Access for Youth Organizations.--Section 109 of the
Housing and Community Development Act of 1974 (42 U.S.C. 5309) is
amended--
(1) in the first sentence of subsection (b) by inserting
``or (e)'' after ``subsection (a)''; and
(2) by adding at the end the following:
``(e) Equal Access.--
``(1) Definition.--In this subsection, the term `youth
organization' means any organization described under part B of
subtitle II of title 36, United States Code, that is intended
to serve individuals under the age of 21 years.
``(2) In general.--No State or unit of general local
government that has a designated open forum, limited public
forum, or nonpublic forum and that is a recipient of assistance
under this chapter shall deny equal access or a fair
opportunity to meet to, or discriminate against, any youth
organization, including the Boy Scouts of America or any group
officially affiliated with the Boy Scouts of America, that
wishes to conduct a meeting or otherwise participate in that
designated open forum, limited public forum, or nonpublic
forum.''.

SEC. 1074. UNIFORM STANDARDS FOR THE INTERROGATION OF PERSONS UNDER THE
DETENTION OF THE DEPARTMENT OF DEFENSE.

(a) In General.--No person in the custody or under the effective
control of the Department of Defense or under detention in a Department
of Defense facility shall be subject to any treatment or technique of
interrogation not authorized by and listed in the United States Army
Field Manual on Intelligence Interrogation.
(b) Applicability.--Subsection (a) shall not apply to with respect
to any person in the custody or under the effective control of the
Department of Defense pursuant to a criminal law or immigration law of
the United States.
(c) Construction.--Nothing in this section shall be construed to
affect the rights under the United States Constitution of any person in
the custody or under the physical jurisdiction of the United States.

SEC. 1075. PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING TREATMENT OR
PUNISHMENT OF PERSONS UNDER CUSTODY OR CONTROL OF THE
UNITED STATES GOVERNMENT.

(a) In General.--No individual in the custody or under the physical
control of the United States Government, regardless of nationality or
physical location, shall be subject to cruel, inhuman, or degrading
treatment or punishment.
(b) Construction.--Nothing in this section shall be construed to
impose any geographical limitation on the applicability of the
prohibition against cruel, inhuman, or degrading treatment or
punishment under this section.
(c) Limitation on Supersedure.--The provisions of this section
shall not be superseded, except by a provision of law enacted after the
date of the enactment of this Act which specifically repeals, modifies,
or supersedes the provisions of this section.
(d) Cruel, Inhuman, or Degrading Treatment or Punishment Defined.--
In this section, the term ``cruel, inhuman, or degrading treatment or
punishment'' means the cruel, unusual, and inhumane treatment or
punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments
to the Constitution of the United States, as defined in the United
States Reservations, Declarations and Understandings to the United
Nations Convention Against Torture and Other Forms of Cruel, Inhuman or
Degrading Treatment or Punishment done at New York, December 10, 1984.

SEC. 1076. 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.
(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.

SEC. 1077. 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''.

SEC. 1078. ESTABLISHMENT OF THE USS OKLAHOMA MEMORIAL.

(a) Site and Funding for Memorial.--Not later than 6 months after
the date of enactment of this section, the Secretary of the Navy, in
consultation with the Secretary of the Interior shall identify an
appropriate site on Ford Island for a memorial for the USS Oklahoma
consistent with the ``Pearl Harbor Naval Complex Design Guidelines and
Evaluation Criteria for Memorials, April 2005''. The USS Oklahoma
Foundation shall be solely responsible for raising the funds necessary
to design and erect a dignified and suitable memorial to the naval
personnel serving aboard the USS Oklahoma when it was attacked on
December 7, 1941.
(b) Administration and Maintenance of Memorial.--After the site has
been selected, the Secretary of the Interior shall administer and
maintain the site as part of the USS Arizona Memorial, a unit of the
National Park System, in accordance with the laws and regulations
applicable to land administered by the National Park Service and any
Memorandum of Understanding between the Secretary of the Navy and the
Secretary of the Interior. The Secretary of the Navy shall continue to
have jurisdiction over the land selected as the site.
(c) Future Memorials.--Any future memorials for United States Naval
Vessels that were attacked at Pearl Harbor on December 7, 1941, shall
be consistent with the ``Pearl Harbor Naval Complex Design Guidelines
and Evaluation Criteria for Memorials, April 2005''.
(d) Master Plan.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Navy, in consultation with
the Secretary of the Interior, shall submit to the Committee on Armed
Services and Committee on Resources of the House of Representatives and
the Committee on Armed Services and the Committee on Energy and Natural
Resources of the Senate, a master plan for operation and management of
the site presently encompassing the visitors center for the USS Arizona
Memorial, the area commonly known as the ``Halawa Landing'', and any
adjacent properties.

SEC. 1079. PRAYER AT MILITARY SERVICE ACADEMY ACTIVITIES.

(a) In General.--The superintendent of a service academy may have
in effect such policy as the superintendent considers appropriate with
respect to the offering of a voluntary, nondenominational prayer at an
otherwise authorized activity of the academy, subject to the United
States Constitution and such limitations as the Secretary of Defense
may prescribe.
(b) Service Academies.--For purposes of this section, the term
``service academy'' means any of the following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.

SEC. 1080. RIOT CONTROL AGENTS.

(a) Restatement of Policy.--It is the policy of the United States
that riot control agents are not chemical weapons and that the
president may authorize their use as legitimate, legal, and non-lethal
alternatives to the use of force that, as provided in Executive Order
11850 (40 Fed. Reg. 16187) and consistent with the resolution of
ratification of the Chemical Weapons convention, may be employed by
members of the Armed Forces in war in defensive military modes to save
lives, including the illustrative purposes cited in Executive Order
11850.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to
Congress a report on the use of riot control agents by members
of the Armed Forces.
(2) Content.--The report required by paragraph (1) shall
include--
(A) a description of all regulations, doctrines,
training materials, and any other information related
to the use of riot control agents by members of the
Armed Forces;
(B) a description of the doctrinal publications,
training, and other resources provided or available to
members of the Armed Forces on an annual basis with
regard to the tactical employment of riot control
agents;
(C) a description of how the material described in
subparagraphs (A) and (B) is consistent with United
States policy on the use of riot control agents;
(D) a description of the availability of riot
control agents, and the means to employ them, to
members of the Armed Forces deployed in Iraq and
Afghanistan;
(E) a description of the frequency of use of riot
control agents since January 1, 1992, and a summary of
views held by military commanders about the utility of
the employing riot control agents by members of the
Armed Forces;
(F) a general description of steps taken or to be
taken by the Department of Defense to clarify the
circumstances under which riot control agents may be
used by members of the Armed Forces; and
(G) an assessment of the legality of Executive
Order 11850, including an explanation why Executive
Order 11850 remains valid under United States law.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Definitions.--In this section:
(1) Chemical weapons convention.--The term ``Chemical
Weapons Convention'' means the Convention on the Prohibitions
of Development, Production, Stockpiling and Use of Chemical
Weapons and on Their Destruction, with annexes, done at Paris,
January 13, 1993, and entered into force April 29, 1997 (T.
Doc. 103-21).
(2) Resolution of ratification of the chemical weapons
convention.--The term ``resolution of ratification of the
Chemical Weapons Convention'' means S. Res. 75, 105th Congress,
agreed to April 24, 1997, advising and consenting to the
ratification of the Chemical Weapons Convention.

SEC. 1081. DRUG TRAFFICKING DETERRENCE.

(a) Findings.--
(1) According to the Department of State, drug trafficking
organizations shipped approximately nine tons of cocaine to the
United States through the Dominican Republic in 2004, and are
increasingly using small, high-speed watercraft.
(2) Drug traffickers use the Caribbean corridor to smuggle
narcotics to the United States via Puerto Rico and the
Dominican Republic. This route is ideal for drug trafficking
because of its geographic expanse, numerous law enforcement
jurisdictions and fragmented investigative efforts.
(3) The tethered aerostat system in Lajas, Puerto Rico
contributes to deterring and detecting smugglers moving illicit
drugs into Puerto Rico. The aerostat's range and operational
capabilities allow it to provide surveillance coverage of the
eastern Caribbean corridor and the strategic waterway between
Puerto Rico and the Dominican Republic, known as the Mona
Passage.
(4) Including maritime radar on the Lajas aerostat will
expand its ability to detect suspicious vessels in the eastern
Caribbean corridor.
(b) Sense of the Senate.--Given the above findings, it is the Sense
of the Senate that--
(1) Congress and the Department of Defense fully fund the
Counter-Drug Tethered Aerostat program.
(2) Department of Defense install maritime radar on the
Lajas, Puerto Rico aerostat.

SEC. 1082. 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.
(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 Chairman and President of the Export-Import Bank
of the United States.
(17) 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;
(vi) heritage associations; and
(vii) other relevant stakeholders;
(B) conducting a survey of the status of Federal
agency foreign language and area expertise and agency
needs for such expertise; and
(C) monitoring the implementation of such strategy
through--
(i) application of current and recently
enacted laws; 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) any duplicative or overlapping programs
that may impede efficiency;
(ii) recommendations on coordination;
(iii) program enhancements; and
(iv) 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 during 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) employers;
(E) recommendations for 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) recommendations for 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) recommendations for development of--
(i) language skill-level certification
standards;
(ii) frameworks for 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;
(J) identification of and means for replicating
best practices at all levels and in all sectors,
including best practices from the international
community; and
(K) recommendations for overcoming barriers in
foreign language proficiency.
(d) Submission of Strategy to President and Congress.--Not later
than 18 months after the date of enactment of this section, the Council
shall prepare and transmit to the President and the relevant committees
of Congress the strategy required under subsection (c).
(e) 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.
(f) Staff.--
(1) In general.--The Director may--
(A) appoint, without regard to the provisions of
title 5, United States Code, governing the competitive
service, such personnel as the Director considers
necessary; and
(B) compensate such personnel without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of that title.
(2) Detail of government employees.--Upon request of the
Council, any Federal Government employee may be detailed to the
Council without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege
(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.
(4) Travel expenses.--Council members and staff shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Council.
(5) Security clearance.--
(A) In general.--Subject to subparagraph (B), the
appropriate Federal agencies or departments shall
cooperate with the Council in expeditiously providing
to the Council members and staff appropriate security
clearances to the extent possible pursuant to existing
procedures and requirements.
(B) Exception.--No person shall be provided with
access to classified information under this section
without the appropriate required security clearance
access.
(6) Compensation.--The rate of pay for any employee of the
Council (including the Director) may not exceed the rate
payable for level V of the Executive Schedule under section
5316 of title 5, United States Code.
(g) 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.--
(A) Council authority to secure.--The Council may
secure directly from any Federal agency such
information, consistent with Federal privacy laws,
including The Family Educational Rights and Privacy Act
(20 U.S.C. 1232g) and Department of Education's General
Education Provisions Act (20 U.S.C. 1232(h)), the
Council considers necessary to carry out its
responsibilities.
(B) Requirement to furnish requested information.--
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.
(h) 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.
(i) 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 the relevant committees of Congress a
report that describes--
(1) the activities of the Council;
(2) the efforts of the Council to improve foreign language
education and training; and
(3) impediments to the use of a National Foreign Language
program, including any statutory and regulatory restrictions.
(j) 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 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 monitor 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.
(k) 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.
(l) Authorization of Appropriations.--There are authorized to be
appropriated such sums as necessary to carry out this section.

SEC. 1083. 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.''.

SEC. 1084. 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''.

SEC. 1085. 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.

SEC. 1086. 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
preeminence in human spaceflight.

SEC. 1087. 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 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.

SEC. 1088. SENSE OF SENATE ON AERONAUTICS RESEARCH AND DEVELOPMENT.

(a) Findings.--Congress makes the following findings:
(1) The advances made possible by Government-funded
research in emerging aeronautics technologies have enabled
longstanding military air superiority for the United States in
recent decades.
(2) Military aircraft incorporate advanced technologies
developed at research centers of the National Aeronautics and
Space Administration.
(3) The vehicle systems program of the National Aeronautics
and Space Administration has provided major technology advances
that have been used in every major civil and military aircraft
developed over the last 50 years.
(4) It is important for the cooperative research efforts of
the National Aeronautics and Space Administration and the
Department of Defense that funding of research on military
aviation technologies be robust.
(5) Recent National Aeronautics and Space Administration
and independent studies have demonstrated the competitiveness,
scientific merit, and necessity of existing aeronautics
programs.
(6) The economic and military security of the United States
is enhanced by the continued development of improved
aeronautics technologies.
(7) A national effort is needed to ensure that the National
Aeronautics and Space Administration can help meet future
aviation needs.
(b) Sense of Senate.--It is the sense of the Senate that it is in
the national security interest of the United States to maintain a
strong aeronautics research and development program within the
Department of Defense and the National Aeronautics and Space
Administration.

SEC. 1089. REPORT ON CLAIMS RELATED TO THE BOMBING OF THE LABELLE
DISCOTHEQUE.

(a) Sense of Congress.--It is the sense of Congress that--
(1) the Government of Libya should be commended for the
steps the Government has taken to renounce terrorism and to
eliminate Libya's weapons of mass destruction and related
programs; and
(2) an important priority for improving relations between
the United States and Libya should be a good faith effort on
the part of the Government of Libya to resolve the claims of
members of the Armed Forces of the United States and other
United States citizens who were injured in the bombing of the
LaBelle Discotheque in Berlin, Germany that occurred in April
1986, and of family members of members of the Armed Forces of
the United States who were killed in that bombing.
(b) Reports.--
(1) Initial report.--Not later than 90 days after the date
of enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a report on the
status of negotiations between the Government of Libya and
United States claimants in connection with the bombing of the
LaBelle Discotheque in Berlin, Germany that occurred in April
1986, regarding resolution of their claims. The report shall
also include information on efforts by the Government of the
United States to urge the Government of Libya to make a good
faith effort to resolve such claims.
(2) Update.--Not later than one year after enactment of
this Act, the Secretary of State shall submit to the
appropriate congressional committees an update of the report
required by paragraph (1).
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the Committee
on Armed Services and the Committee on Foreign Relations of the Senate
and the Committee on Armed Services and the Committee on International
Relations of the House of Representatives.

SEC. 1090. COAL-TO-LIQUID FUEL DEVELOPMENT PLAN.

(a) Definition of Designated Committees.--In this section, the term
``designated committees'' means--
(1) the Committees on Armed Services, Energy and Natural
Resources, and Appropriations of the Senate; and
(2) the Committees on Armed Services, Energy and Commerce,
and Appropriations of the House of Representatives.
(b) Development Plan and Report.--Not later than 90 days after the
date of enactment of this Act, using amounts available to the
Department of Defense and the National Energy Technology Laboratory of
the Department of Energy--
(1) the Secretary of Energy, in coordination with the
Secretary of Defense, shall prepare and submit to the
designated committees a development plan for a coal-to-liquid
fuels program; and
(2) the Secretary of Defense, in coordination with the
Secretary of Energy, shall prepare and submit to the designated
committees a report on the potential use of the fuels by the
Department of Defense.
(c) Requirements.--The development plan described in subsection
(b)(1) shall be prepared taking into consideration--
(1) technology needs and developmental barriers;
(2) economic and national security effects;
(3) environmental standards and carbon capture and storage
opportunities;
(4) financial incentives;
(5) timelines and milestones;
(6) diverse regions having coal reserves that would be
suitable for liquefaction plants;
(7) coal-liquid fuel testing to meet civilian and military
engine standards and markets; and
(8) any roles other Federal agencies, State governments,
and international entities could play in developing a coal-to-
liquid fuel industry.

SEC. 1091. SENSE OF SENATE ON COMMON REMOTELY OPERATED WEAPONS STATION
(CROWS) PLATFORM.

(a) Findings.--The Senate makes the following findings:
(1) With only a few systems deployed, the Common Remotely
Operated Weapons Station (CROWS) platform is already saving the
lives of soldiers today in Iraq by moving soldiers out of the
exposed gunner's seat and into the protective shell of an up-
armored Humvee.
(2) The Common Remotely Operated Weapons Station platform
dramatically improves battlefield awareness by providing a
laser rangefinder, night vision, telescopic vision, a fire
control computer that allows on-the-move target acquisition,
and one-shot one-kill accuracy at the maximum range of a
weapon.
(3) As they become available, new technologies can be
incorporated into the Common Remotely Operated Weapons Station
platform, thus making the platform scalable.
(4) The Army has indicated that an additional $206,000,000
will be required in fiscal year 2006 to procure 750 Common
Remotely Operated Weapons Station units for the Armed Forces,
and to prepare for future production of such weapons stations.
(b) Sense of Senate.--It is the sense of the Senate that the
President should include in the next request submitted to Congress for
supplemental funding for military operations in Iraq and Afghanistan
sufficient funds for the production in fiscal year 2006 of a number of
Common Remotely Operated Weapons Station units that is adequate to meet
the requirements of the Armed Forces.

SEC. 1092. REVIEW OF STATUS OF DETAINEES.

(a) Submittal of Procedures for Status Review of Detainees at
Guantanamo Bay, Cuba.--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, and to the Committees on the
Judiciary of the Senate and the House of Representatives, a report
setting forth the procedures of the Combatant Status Review Tribunals
and the noticed Administrative Review Boards in operation at Guantanamo
Bay, Cuba, for determining the status of the detainees held at
Guantanamo Bay.
(b) Procedures.--The procedures submitted to Congress pursuant to
subsection (a) shall, with respect to proceedings beginning after the
date of the submittal of such procedures under that subsection, ensure
that--
(1) in making a determination of status of any detainee
under such procedures, a Combatant Status Review Tribunal or
Administrative Review Board may not consider statements derived
from persons that, as determined by such Tribunal or Board, by
the preponderance of the evidence, were obtained with undue
coercion; and
(2) the Designated Civilian Official shall be an officer of
the United States Government whose appointment to office was
made by the President, by and with the advice and consent of
the Senate.
(c) Report on Modification of Procedures.--The Secretary of Defense
shall submit to the committees of Congress referred to in subsection
(a) a report on any modification of the procedures submitted under
subsection (a) not later than 60 days before the date on which such
modification goes into effect.
(d) Judicial Review of Detention of Enemy Combatants.--
(1) In general.--Section 2241 of title 28, United States
Code, is amended by adding at the end the following:
``(e) No court, justice, or judge shall have jurisdiction to hear
or consider an application for a writ of habeas corpus filed by or on
behalf of an alien outside the United States (as that term is defined
in section 101(a)(38) of the Immigration and Naturalization Act (8
U.S.C. 1101(a)(38)) who is detained by the Department of Defense at
Guantanamo Bay, Cuba.''.
(2) Review of decisions of combatant status review
tribunals of propriety of detention.--
(A) In general.--Subject to subparagraphs (B), (C),
and (D), the United States Court of Appeals for the
District of Columbia Circuit shall have exclusive
jurisdiction to determine the validity of any decision
of a Designated Civilian Official described in
subsection (b)(2) that an alien is properly detained as
an enemy combatant.
(B) Limitation on claims.--The jurisdiction of the
United States Court of Appeals for the District of
Columbia Circuit under this paragraph shall be limited
to claims brought by or on behalf of an alien--
(i) who is, at the time a request for
review by such court is filed, detained by the
Department of Defense at Guantanamo Bay, Cuba;
and
(ii) for whom a Combatant Status Review
Tribunal has been conducted, pursuant to
applicable procedures specified by the
Secretary of Defense.
(C) Scope of review.--The jurisdiction of the
United States Court of Appeals for the District of
Columbia Circuit on any claims with respect to an alien
under this paragraph shall be limited to the
consideration of--
(i) whether the status determination of the
Combatant Status Review Tribunal with regard to
such alien applied the correct standards and
was consistent with the procedures specified by
the Secretary of Defense for Combatant Status
Review Tribunals (including the requirement
that the conclusion of the Tribunal be
supported by a preponderance of the evidence
and allowing a rebuttable presumption in favor
the Government's evidence); and
(ii) whether subjecting an alien enemy
combatant to such standards and procedures is
consistent with the Constitution and laws of
the United States.
(D) Termination on release from custody.--The
jurisdiction of the United States Court of Appeals for
the District of Columbia Circuit with respect to the
claims of an alien under this paragraph shall cease
upon the release of such alien from the custody of the
Department of Defense.
(3) Review of final decisions of military commissions.--
(A) In general.--Subject to subparagraphs (C) and
(D), the United States Court of Appeals for the
District of Columbia Circuit shall have exclusive
jurisdiction to determine the validity of any final
decision rendered pursuant to Military Commission Order
No. 1, dated August 31, 2005 (or any successor military
order).
(B) Grant of review.--Review under this paragraph--
(i) with respect to a capital case or a
case in which the alien was sentenced to a term
of imprisonment of 10 years or more, shall be
as of right; or
(ii) with respect to any other case, shall
be at the discretion of the United States Court
of Appeals for the District of Columbia
Circuit.
(C) Limitation on appeals.--The jurisdiction of the
United States Court of Appeals for the District of
Columbia Circuit under this paragraph shall be limited
to an appeal brought by or on behalf of an alien--
(i) who was, at the time of the proceedings
pursuant to the military order referred to in
subparagraph (A), detained by the Department of
Defense at Guantanamo Bay, Cuba; and
(ii) for whom a final decision has been
rendered pursuant to such military order.
(D) Scope of review.--The jurisdiction of the
United States Court of Appeals for the District of
Columbia Circuit on an appeal of a final decision with
respect to an alien under this paragraph shall be
limited to the consideration of--
(i) whether the final decision applied the
correct standards and was consistent with the
procedures specified in the military order
referred to in subparagraph (A); and
(ii) whether subjecting an alien enemy
combatant to such order is consistent with the
Constitution and laws of the United States.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section shall take effect on the day after the date of the
enactment of this Act.
(2) Review of combatant status tribunal and military
commission decisions.--Paragraphs (2) and (3) of subsection (d)
shall apply with respect to any claim whose review is governed
by one of such paragraphs and that is pending on or after the
date of the enactment of this Act.

TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY

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

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

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

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

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

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

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

Section 8905a(d)(4)(B) of title 5, United States Code, is amended--
(1) in clause (i), by striking ``October 1, 2006'' and
inserting ``October 1, 2010''; and
(2) in clause (ii)--
(A) by striking ``February 1, 2007'' and inserting
``February 1, 2011''; and
(B) by striking ``October 1, 2006'' and inserting
``October 1, 2010''.

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

(a) Permanent Authority for Program.--Section 1105 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375; 118 Stat. 2074; 10 U.S.C. 2192 note) is amended--
(1) in subsection (a)--
(A) by striking ``(1)''; and
(B) by striking paragraph (2); and
(2) by striking ``pilot'' each place it appears.
(b) Assistance Under Program.--Such section is further amended--
(1) in subsection (b)--
(A) by striking ``(b)'' and all that follows
through ``a scholarship'' and inserting ``(b)
Assistance.--(1) Under the program under this section,
the Secretary of Defense may award a scholarship or
fellowship'';
(B) in paragraph (1)(B), by inserting
``accredited'' before ``institution of higher
education'';
(C) in paragraph (2)--
(i) by inserting ``or fellowship'' after
``scholarship'';
(ii) by inserting ``equipment expenses,''
after ``laboratory expenses,''; and
(iii) by striking the second sentence; and
(D) by adding at the end the following new
paragraph:
``(3) Any assistance payable to a person under this subsection may
be paid directly to the person awarded such assistance or to an
administering entity that shall disburse such assistance to the
person.''; and
(2) in subsection (c)(2)--
(A) by striking ``a scholarship'' and inserting
``financial assistance'';
(B) by striking ``the financial assistance provided
under the scholarship'' and inserting ``such financial
assistance''; and
(C) by striking ``the scholarship.'' and inserting
``such financial assistance.''.
(c) Employment of Program Participants.--Such section is further
amended--
(1) by redesignating subsections (d), (e), (f), (g), and
(h) as subsections (e), (f), (g), (h), and (i), respectively;
and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Employment of Program Participants.--(1) The Secretary of
Defense may--
``(A) appoint or retain a person participating in the
program under this section in a position on an interim basis
during the period of such person's pursuit of a degree under
the program and for a period not to exceed 2 years after
completion of the degree, but only if, in the case of the
period after completion of the degree--
``(i) there is no readily available appropriate
permanent position for such person; and
``(ii) there is an active and ongoing effort to
identify and assign such person to an appropriate
permanent position as soon as practicable; and
``(B) if there is no appropriate permanent position
available after the end of the periods described in
subparagraph (A), separate such person from employment with the
Department without regard to any other provision of law, in
which event the service agreement of such person under
subsection (c) shall terminate.
``(2) The period of service of a person covered by paragraph (1) in
a position on an interim basis under that paragraph shall, after
completion of the degree, be treated as a period of service for
purposes of satisfying the obligated service requirements of the person
under the service agreement of the person under subsection (c).''.
(d) Refund for Period of Unserved Obligated Service.--Paragraph (1)
of subsection (e) of such section, as redesignated by subsection (c)(1)
of this section, is amended to read as follows:
``(1)(A) A participant in the program under this section who is not
an employee of the Department of Defense and who voluntarily fails to
complete the educational program for which financial assistance has
been provided under this section, or fails to maintain satisfactory
academic progress as determined in accordance with regulations
prescribed by the Secretary of Defense, shall refund to the United
States an appropriate amount, as determined by the Secretary.
``(B) A participant in the program under this section who is an
employee of the Department of Defense and who--
``(i) voluntarily fails to complete the educational program
for which financial assistance has been provided, or fails to
maintain satisfactory academic progress as determined in
accordance with regulations prescribed by the Secretary; or
``(ii) before completion of the period of obligated service
required of such participant--
``(I) voluntarily terminates such participant's
employment with the Department; or
``(II) is removed from such participant's
employment with the Department on the basis of
misconduct,
shall refund the United States an appropriate amount, as determined by
the Secretary.''.
(e) Conforming Amendments.--
(1) Subsection (f) of such section, as redesignated by
subsection (c)(1) of this section, is further amended by
striking ``Pilot''.
(2) The heading of such section is amended to read as
follows:

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

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

SEC. 1106. STRATEGIC HUMAN CAPITAL PLAN FOR CIVILIAN EMPLOYEES OF THE
DEPARTMENT OF DEFENSE.

(a) Plan Required.--(1) Not later than six months after the date of
the enactment of this Act, the Secretary of Defense shall develop and
submit to the appropriate committees of Congress a strategic plan to
shape and improve the civilian employee workforce of the Department of
Defense.
(2) The plan shall be known as the ``strategic human capital
plan''.
(b) Contents.--The strategic human capital plan required by
subsection (a) shall include--
(1) a workforce gap analysis, including an assessment of--
(A) the critical skills and competencies that will
be needed in the future civilian employee workforce of
the Department of Defense to support national security
requirements and effectively manage the Department over
the next decade;
(B) the skills and competencies of the existing
civilian employee workforce of the Department and
projected trends in that workforce based on expected
losses due to retirement and other attrition; and
(C) gaps in the existing or projected civilian
employee workforce of the Department that should be
addressed to ensure that the Department has continued
access to the critical skills and competencies
described in subparagraph (A); and
(2) a plan of action for developing and reshaping the
civilian employee workforce of the Department to address the
gaps in critical skills and competencies identified under
paragraph (1)(C), including--
(A) specific recruiting and retention goals,
including the program objectives of the Department to
be achieved through such goals; and
(B) specific strategies for development, training,
deploying, compensating, and motivating the civilian
employee workforce of the Department, including the
program objectives of the Department to be achieved
through such strategies.
(c) Inapplicability of Certain Limitations.--The recruitment and
retention of civilian employees to meet the goals established under
subsection (b)(2)(A) shall not be subject to any limitation or
constraint under statute or regulations on the end strength of the
civilian workforce of the Department of Defense or any part of the
workforce of the Department.
(d) Annual Updates.--Not later than March 1 of each year from 2007
through 2012, the Secretary shall update the strategic human capital
plan required by subsection (a), as previously updated under this
subsection.
(e) Annual Reports.--Not later than March 1 of each year from 2007
through 2012, the Secretary shall submit to the appropriate committees
of Congress--
(1) the update of the strategic human capital plan prepared
in such year under subsection (d); and
(2) the assessment of the Secretary, using results-oriented
performance measures, of the progress of the Department of
Defense in implementing the strategic human capital plan.
(f) Comptroller General Review.--(1) Not later than 90 days after
the Secretary submits under subsection (a) the strategic human capital
plan required by that subsection, the Comptroller General shall submit
to the appropriate committees of Congress a report on the plan.
(2) Not later than 90 days after the Secretary submits under
subsection (e) an update of the strategic human capital plan under
subsection (d), the Comptroller General shall submit to the appropriate
committees of Congress a report on the update.
(3) A report on the strategic human capital plan under paragraph
(1), or on an update of the plan under paragraph (2), shall include the
assessment of the Comptroller General of the extent to which the plan
or update, as the case may be--
(A) complies with the requirements of this section; and
(B) complies with applicable best management practices (as
determined by the Comptroller General).
(g) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committees on Armed Services and Homeland Security
and Governmental Affairs of the Senate; and
(2) the Committees on Armed Services and Government Reform
of the House of Representatives.

SEC. 1107. INCREASE IN AUTHORIZED NUMBER OF DEFENSE INTELLIGENCE SENIOR
EXECUTIVE SERVICE EMPLOYEES.

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

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

(a) In General.--The Comptroller General of the United States shall
conduct a study to identify the features of successful personnel
management systems of the highly technical and scientific workforces of
the Department of Defense laboratories and similar scientific
facilities and institutions.
(b) Elements.--The study required by subsection (a) shall include
the following:
(1) An examination of the flexible personnel management
authorities, whether under statute or regulations, currently
being utilized at Department of Defense demonstration
laboratories to assist in the management of the workforce of
such laboratories.
(2) An identification of any flexible personnel management
authorities, whether under statute or regulations, available
for use in the management of Department of Defense laboratories
to assist in the management of the workforces of such
laboratories that are not currently being utilized.
(3) An assessment of personnel management practices
utilized by scientific and technical laboratories and
institutions that are similar to the Department of Defense
laboratories.
(4) A comparative analysis of the specific features
identified by the Comptroller General in successful personnel
management systems of highly technical and scientific
workforces to attract and retain critical employees and to
provide local management authority to Department of Defense
laboratory officials.
(c) Purposes.--The purposes of the study shall include--
(1) the identification of the specific features of
successful personnel management systems of highly technical and
scientific workforces;
(2) an assessment of the potential effects of the
utilization of such features by Department of Defense
laboratories on the missions of such laboratories and on the
mission of the Department of Defense as a whole; and
(3) recommendations as to the future utilization of such
features in Department of Defense laboratories.
(d) Laboratory Personnel Demonstration Authorities.--The laboratory
personnel demonstration authorities set forth in this subsection are as
follows:
(1) The authorities in section 342(b) of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2721), as amended by section 1114 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398 (114 Stat.
1654A-315)).
(2) The authorities in section 1101 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105-261; 5 U.S.C. 3104 note).
(e) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
appropriate committees of Congress a report on the study required by
this section. The report shall include--
(1) a description of the study;
(2) an assessment of the effectiveness of the current
utilization by the Department of Defense of the laboratory
personnel demonstration authorities set forth in subsection
(d); and
(3) such recommendations as the Comptroller General
considers appropriate for the effective use of available
personnel management authorities to ensure the successful
personnel management of the highly technical and scientific
workforce of the Department of Defense laboratories.
(f) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committees on Armed Services, Appropriations, and
Homeland Security and Governmental Affairs of the Senate; and
(2) the Committees on Armed Services, Appropriations, and
Government Reform of the House of Representatives.

SEC. 1109. 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.

TITLE XII--MATTERS RELATING TO OTHER NATIONS

SEC. 1201. COMMANDERS' EMERGENCY RESPONSE PROGRAM.

(a) Authority for Fiscal Years 2006 and 2007.--During fiscal year
2006 and fiscal year 2007, from funds made available to the Department
of Defense for operation and maintenance for such fiscal year, not to
exceed $500,000,000 may be used in each such fiscal year to provide
funds--
(1) for the Commanders' Emergency Response Program; and
(2) for a similar program to assist the people of
Afghanistan.
(b) Quarterly Reports.--Not later than 15 days after the end of
each fiscal-year quarter (beginning with the first quarter of fiscal
year 2006), the Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and the
allocation and use of funds during that quarter that were made
available pursuant to the authority provided in this section or under
any other provision of law for the purposes of the programs under
subsection (a).
(c) Commanders' Emergency Response Program Defined.--In this
section, the term ``Commanders' Emergency Response Program'' means the
program established by the Administrator of the Coalition Provisional
Authority for the purpose of enabling United States military commanders
in Iraq to respond to urgent humanitarian relief and reconstruction
requirements within their areas of responsibility by carrying out
programs that will immediately assist the Iraqi people.

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

(a) Increase in Authorized Expenses Associated With Detection and
Clearance of Landmines.--Subsection (c)(3) of section 401 of title 10,
United States Code, is amended by striking ``$5,000,000'' and inserting
``$10,000,000''.
(b) Inclusion of Assistance on Communications and Information
Infrastructure Under Authority.--Such section is further amended--
(1) in subsection (c)--
(A) by redesignating paragraph (4) as paragraph
(5); and
(B) by inserting after paragraph (3) the following
new paragraph (4):
``(4) Expenses covered by paragraph (1) also include expenses
incurred in providing communications or information systems equipment
or supplies that are transferred or otherwise furnished to a foreign
country in furtherance of the provision of other assistance under this
section.''; and
(2) in subsection (e), by adding at the end the following
new paragraph:
``(6) Restoring or improving the information and
communications infrastructure of a country, including
activities relating to the furnishing of education, training,
and technical assistance with respect to information and
communications technology.''.
(c) Expansion of Authority To Provide Medical, Dental, and
Veterinary Care.--Subsection (e)(1) of such section is amended by
inserting before the period the following: ``, including education,
training, and technical assistance related to the care provided''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2005.

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

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

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

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

SEC. 1205. PROHIBITION ON ENGAGING IN CERTAIN TRANSACTIONS.

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

``penalties

``Sec. 206. (a) It shall be unlawful for--
``(1) a person to violate or attempt to violate any
license, order, regulation, or prohibition issued under this
title;
``(2) a person subject to the jurisdiction of the United
States to take any action to evade or avoid, or attempt to
evade or avoid, a license, order, regulation, or prohibition
issued this title; or
``(3) a person subject to the jurisdiction of the United
States to approve, facilitate, or provide financing for any
action, regardless of who initiates or completes the action, if
it would be unlawful for such person to initiate or complete
the action.
``(b) A civil penalty of not to exceed $250,000 may be imposed on
any person who commits an unlawful act described in paragraph (1), (2),
or (3) of subsection (a).
``(c) A person who willfully commits, or willfully attempts to
commit, an unlawful act described in paragraph (1), (2), or (3) of
subsection (a) shall, upon conviction, be fined not more than $500,000,
or a natural person, may be imprisoned not more than 10 years, or both;
and any officer, director, or agent of any person who knowingly
participates, or attempts to participate, in such unlawful act may be
punished by a like fine, imprisonment, or both.''.
(b) Production of Records.--Section 203(a)(2) of the International
Emergency Economic Powers Act (50 U.S.C. 1702(a)(2)) is amended to read
as follows:
``(2) In exercising the authorities granted by paragraph
(1), the President may require any person to keep a full record
of, and to furnish under oath, in the form of reports,
testimony, answers to questions, or otherwise, complete
information relative to any act or transaction referred to in
paragraph (1), either before, during, or after the completion
thereof, or relative to any interest in foreign property, or
relative to any property in which any foreign country or any
national thereof has or has had any interest, or as may be
otherwise necessary to enforce the provisions of such
paragraph. The President may require by subpoena or otherwise
the production under oath by any person of all such
information, reports, testimony, or answers to questions, as
well as the production of any required books of accounts,
records, contracts, letters, memoranda, or other papers, in the
custody or control of any person. The subpoena or other
requirement, in the case of contumacy or refusal to obey, shall
be enforceable by order of any appropriate United States
district court.''.
(c) Clarification of Jurisdiction To Address IEEPA Violations.--
Section 203 of the International Emergency Economic Powers Act (50
U.S.C. 1702) is further amended by adding at the end the following:
``(d) The district courts of the United States shall have
jurisdiction to issue such process described in subsection (a)(2) as
may be necessary and proper in the premises to enforce the provisions
of this title.''.

SEC. 1206. BUILDING THE PARTNERSHIP SECURITY CAPACITY OF FOREIGN
MILITARY AND SECURITY FORCES.

(a) Authority.--The President may authorize building the capacity
of partner nations' military or security forces to disrupt or destroy
terrorist networks, close safe havens, or participate in or support
United States, coalition, or international military or stability
operations.
(b) Types of Partnership Security Capacity Building.--The
partnership security capacity building authorized under subsection (a)
may include the provision of equipment, supplies, services, training,
and funding.
(c) Availability of Funds.--The Secretary of Defense may, at the
request of the Secretary of State, support partnership security
capacity building as authorized under subsection (a) by transferring
funds available to the Department of Defense to the Department of
State. Any funds so transferred shall remain available until expended.
The amount of such partnership security capacity building support
provided by the Department of Defense under this section may not exceed
$750,000,000 in any fiscal year.
(d) Congressional Notification.--Before building partnership
security capacity under this section, the Secretaries of State and
Defense shall submit to their congressional oversight committees a
notification of the nations designated by the President with which
partnership security capacity will be built under this section and the
nature and amounts of security capacity building to occur. Any such
notification shall be submitted not less than 15 days before the
provision of such partnership security capacity building.
(e) Complementary Authority.--The authority to support partnership
security capacity building under this section is in addition to any
other authority of the Department of Defense to provide assistance to a
foreign country.
(f) Applicable Law.--The authorities and limitations in the Foreign
Assistance Act of 1961 and the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2006 shall be applicable to
assistance provided and funds transferred under the authority of this
section.
(g) Military and Security Forces Defined.--In this section, the
term ``military and security forces'' includes armies, guard, border
security, civil defense, infrastructure protection, and police forces.
(h) Expiration.--The authority in this section shall expire on
September 30, 2007.

SEC. 1207. SECURITY AND STABILIZATION ASSISTANCE.

(a) In General.--Notwithstanding any other provision of law, upon a
request from the Secretary of State, with the agreement of the
Secretary of Defense and upon a determination by the President that an
unforeseen emergency exists that requires immediate reconstruction,
security, or stabilization assistance to a foreign country for the
purpose of restoring or maintaining peace and security in that country,
and that the provision of such assistance is in the national security
interests of the United States, the Secretary of Defense may authorize
the use or transfer of defense articles, services, training or other
support, including support acquired by contract or otherwise, to
provide such assistance.
(b) Availability of Funds.--Subject to subsection (a), the
Secretary of Defense may transfer funds available to the Department of
Defense to the Department of State or to any other Federal agency to
carry out the purposes of this section, and funds so transferred shall
remain available until expended.
(c) Limitation.--The aggregate value of assistance provided or
funds transferred under the authority of this section may not exceed
$200,000,000.
(d) Complementary Authority.--The authority to provide assistance
under this section is in addition to any other authority of the
Department of Defense to provide assistance to a foreign country.
(e) Notification Requirements.--Before the exercise of the
authority in this section, the President shall notify Congress of the
exercise of such authority in accordance with the procedures set forth
in section 652 of the Foreign Assistance Act of 1961 (22 U.S.C. 2411).
(f) Applicable Law.--(1) The authorities and limitations in the
Foreign Assistance Act of 1961 and the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006 shall be
applicable to assistance provided and funds transferred under the
authority of this section.
(2) Any authority available to the President to waive a provision
of law referred to in paragraph (1) may be exercised by the President
in a written document executed pursuant to subsection (a).
(g) Expiration.--The authority in this section shall expire on
September 30, 2007.

SEC. 1208. 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.

SEC. 1209. 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.

SEC. 1210. THE UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW
COMMISSION.

(a) Findings.--Congress finds the following:
(1) The 2004 Report to Congress of the United States-China
Economic and Security Review Commission states that--
(A) China's State-Owned Enterprises (SOEs) lack
adequate disclosure standards, which creates the
potential for United States investors to unwittingly
contribute to enterprises that are involved in
activities harmful to United States security interests;
(B) United States influence and vital long-term
interests in Asia are being challenged by China's
robust regional economic engagement and diplomacy;
(C) the assistance of China and North Korea to
global ballistic missile proliferation is extensive and
ongoing;
(D) China's transfers of technology and components
for weapons of mass destruction (WMD) and their
delivery systems to countries of concern, including
countries that support acts of international terrorism,
has helped create a new tier of countries with the
capability to produce WMD and ballistic missiles;
(E) the removal of the European Union arms embargo
against China that is currently under consideration in
the European Union would accelerate weapons
modernization and dramatically enhance Chinese military
capabilities;
(F) China is developing a leading-edge military
with the objective of intimidating Taiwan and deterring
United States involvement in the Strait, and China's
qualitative and quantitative military advancements have
already resulted in a dramatic shift in the cross-
Strait military balance toward China; and
(G) China's growing energy needs are driving China
into bilateral arrangements that undermine multilateral
efforts to stabilize oil supplies and prices, and in
some cases may involve dangerous weapons transfers.
(2) On March 14, 2005, the National People's Congress
approved a law that would authorize the use of force if Taiwan
formally declares independence.
(b) Sense of Congress.--
(1) Plan.--It is the sense of Congress that the President
should take immediate steps to establish a coherent and
comprehensive plan to address the emergence of China
economically, diplomatically, and militarily, to promote
mutually beneficial trade relations with China, and to
encourage China's adherence to international norms in the areas
of trade, international security, and human rights.
(2) Contents.--The plan should contain the following:
(A) Actions to address China's policy of
undervaluing its currency, including--
(i) encouraging China to continue to
upwardly revalue the Chinese yuan against the
United States dollar;
(ii) allowing the yuan to float against a
trade-weighted basket of currencies; and
(iii) concurrently encouraging United
States trading partners with similar interests
to join in these efforts.
(B) Actions to make better use of the World Trade
Organization (WTO) dispute settlement mechanism and
applicable United States trade laws to redress China's
trade practices, including exchange rate manipulation,
denial of trading and distribution rights, insufficient
intellectual property rights protection, objectionable
labor standards, subsidization of exports, and forced
technology transfers as a condition of doing business.
The United States Trade Representative should consult
with our trading partners regarding any trade dispute
with China.
(C) Actions to encourage United States diplomatic
efforts to identify and pursue initiatives to
revitalize United States engagement in East Asia. The
initiatives should have a regional focus and complement
bilateral efforts. The Asia-Pacific Economic
Cooperation forum (APEC) offers a ready mechanism for
pursuit of such initiatives.
(D) Actions by the administration to work with
China to prevent proliferation of prohibited
technologies and to secure China's agreement to renew
efforts to curtail North Korea's commercial export of
ballistic missiles.
(E) Actions by the Secretaries of State and Energy
to consult with the International Energy Agency with
the objective of upgrading the current loose
experience-sharing arrangement whereby China engages in
some limited exchanges with the organization, to a more
structured arrangement.
(F) Actions by the administration to develop a
coordinated, comprehensive national policy and strategy
designed to maintain United States scientific and
technological leadership and competitiveness, in light
of the rise of China and the challenges of
globalization.
(G) Actions to review laws and regulations
governing the Committee on Foreign Investment in the
United States (CFIUS), including exploring whether the
definition of national security should include the
potential impact on national economic security as a
criterion to be reviewed, and whether the chairmanship
of CFIUS should be transferred from the Secretary of
the Treasury to a more appropriate executive branch
agency.
(H) Actions by the President and the Secretaries of
State and Defense to press strongly their European
Union counterparts to maintain the EU arms embargo on
China.
(I) Actions by the administration to discourage
foreign defense contractors from selling sensitive
military use technology or weapons systems to China.
The administration should provide a comprehensive
annual report to the appropriate committees of Congress
on the nature and scope of foreign military sales to
China, particularly sales by Russia and Israel.

SEC. 1211. UNITED STATES POLICY ON IRAQ.

(a) Short Title.--This section may be cited as the ``United States
Policy on Iraq Act''.
(b) Sense of Senate.--It is the sense of the Senate that, in order
to succeed in Iraq--
(1) members of the United States Armed Forces who are
serving or have served in Iraq and their families deserve the
utmost respect and the heartfelt gratitude of the American
people for their unwavering devotion to duty, service to the
Nation, and selfless sacrifice under the most difficult
circumstances;
(2) it is important to recognize that the Iraqi people have
made enormous sacrifices and that the overwhelming majority of
Iraqis want to live in peace and security;
(3) calendar year 2006 should be a period of significant
transition to full Iraqi sovereignty, with Iraqi security
forces taking the lead for the security of a free and sovereign
Iraq, thereby creating the conditions for the phased
redeployment of United States forces from Iraq;
(4) United States military forces should not stay in Iraq
any longer than required and the people of Iraq should be so
advised;
(5) the Administration should tell the leaders of all
groups and political parties in Iraq that they need to make the
compromises necessary to achieve the broad-based and
sustainable political settlement that is essential for
defeating the insurgency in Iraq, within the schedule they set
for themselves; and
(6) the Administration needs to explain to Congress and the
American people its strategy for the successful completion of
the mission in Iraq.
(c) Reports to Congress on United States Policy and Military
Operations in Iraq.--Not later than 90 days after the date of the
enactment of this Act, and every three months thereafter until all
United States combat brigades have redeployed from Iraq, the President
shall submit to Congress an unclassified report on United States policy
and military operations in Iraq. Each report shall include to the
extent practical, the following unclassified information:
(1) The current military mission and the diplomatic,
political, economic, and military measures, if any, that are
being or have been undertaken to successfully complete or
support that mission, including:
(A) Efforts to convince Iraq's main communities to
make the compromises necessary for a broad-based and
sustainable political settlement.
(B) Engaging the international community and the
region in the effort to stabilize Iraq and to forge a
broad-based and sustainable political settlement.
(C) Strengthening the capacity of Iraq's government
ministries.
(D) Accelerating the delivery of basic services.
(E) Securing the delivery of pledged economic
assistance from the international community and
additional pledges of assistance.
(F) Training Iraqi security forces and transferring
security responsibilities to those forces and the
government of Iraq.
(2) Whether the Iraqis have made the compromises necessary
to achieve the broad-based and sustainable political settlement
that is essential for defeating the insurgency in Iraq.
(3) Any specific conditions included in the April 2005
Multi-National Forces-Iraq campaign action plan (referred to in
United States Government Accountability Office October 2005
report on Rebuilding Iraq: DOD Reports Should Link Economic,
Governance, and Security Indicators to Conditions for
Stabilizing Iraq), and any subsequent updates to that campaign
plan, that must be met in order to provide for the transition
of security responsibility to Iraqi security forces.
(4) To the extent that these conditions are not covered
under paragraph (3), the following should also be addressed:
(A) The number of battalions of the Iraqi Armed
Forces that must be able to operate independently or to
take the lead in counterinsurgency operations and the
defense of Iraq's territory.
(B) The number of Iraqi special police units that
must be able to operate independently or to take the
lead in maintaining law and order and fighting the
insurgency.
(C) The number of regular police that must be
trained and equipped to maintain law and order.
(D) The ability of Iraq's Federal ministries and
provincial and local governments to independently
sustain, direct, and coordinate Iraq's security forces.
(5) The criteria to be used to evaluate progress toward
meeting such conditions.
(6) A schedule for meeting such conditions, an assessment
of the extent to which such conditions have been met,
information regarding variables that could alter that schedule,
and the reasons for any subsequent changes to that schedule.

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

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.

(a) Specification of CTR Programs.--For purposes of section 301 and
other provisions of this Act, Cooperative Threat Reduction programs are
the programs specified in section 1501(b) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2731; 50 U.S.C. 2362 note).
(b) Fiscal Year 2006 Cooperative Threat Reduction Funds Defined.--
As used in this title, the term ``fiscal year 2006 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs shall be available for obligation for three fiscal
years.

SEC. 1302. FUNDING ALLOCATIONS.

(a) Funding for Specific Purposes.--Of the $415,549,000 authorized
to be appropriated to the Department of Defense for fiscal year 2006 in
section 301(19) for Cooperative Threat Reduction programs, the
following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$78,900,000.
(2) For nuclear weapons storage security in Russia,
$74,100,000.
(3) For nuclear weapons transportation security in Russia,
$30,000,000.
(4) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$40,600,000.
(5) For biological weapons proliferation prevention in the
former Soviet Union, $60,849,000.
(6) For chemical weapons destruction in Russia,
$108,500,000.
(7) For defense and military contacts, $8,000,000.
(8) For activities designated as Other Assessments/
Administrative Support, $14,600,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2006 Cooperative Threat Reduction funds may
be obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (8) of subsection (a) until 30 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the
amount of funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2006 Cooperative Threat Reduction funds for
a purpose for which the obligation or expenditure of such funds is
specifically prohibited under this title or any other provision of law.
(c) Limited Authority To Vary Individual Amounts.--(1) Subject to
paragraphs (2) and (3), in any case in which the Secretary of Defense
determines that it is necessary to do so in the national interest, the
Secretary may obligate amounts appropriated for fiscal year 2006 for a
purpose listed in any of the paragraphs in subsection (a) in excess of
the specific amount authorized for that purpose.
(2) An obligation of funds for a purpose stated in any of the
paragraphs in subsection (a) in excess of the specific amount
authorized for such purpose may be made using the authority provided in
paragraph (1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for a purpose stated in any of
paragraphs (6) through (8) of subsection (a) in excess of 125 percent
of the specific amount authorized for such purpose.

SEC. 1303. PERMANENT WAIVER OF RESTRICTIONS ON USE OF FUNDS FOR THREAT
REDUCTION IN STATES OF THE FORMER SOVIET UNION.

Section 1306 of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003 (Public Law 107-314; 22 U.S.C. 5952 note) is
amended--
(1) by striking subsections (c) and (d); and
(2) by redesignating subsection (e) as subsection (c).

SEC. 1304. MODIFICATION OF AUTHORITY TO USE COOPERATIVE THREAT
REDUCTION FUNDS OUTSIDE THE FORMER SOVIET UNION.

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

SEC. 1305. REPEAL OF REQUIREMENT FOR ANNUAL COMPTROLLER GENERAL
ASSESSMENT OF ANNUAL DEPARTMENT OF DEFENSE REPORT ON
ACTIVITIES AND ASSISTANCE UNDER COOPERATIVE THREAT
REDUCTION PROGRAMS.

Section 1308 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398;
114 Stat. 1654A-341) is amended by striking subsection (e).

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

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

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

SEC. 1401. PURPOSE.

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

SEC. 1402. DESIGNATION AS EMERGENCY AMOUNTS.

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

SEC. 1403. ARMY PROCUREMENT.

(a) In General.--Funds are hereby authorized to be appropriated for
fiscal year 2006 for procurement accounts of the Army in amounts as
follows:
(1) For aircraft, $70,300,000.
(2) For weapons and tracked combat vehicles, $27,800,000.
(3) For other procurement $376,700,000.
(b) Availability of Certain Amounts.--
(1) Availability.--Of the amount authorized to be
appropriated by subsection (a)(3), $225,000,000 shall be
available for purposes as follows:
(A) Procurement of up-armored high mobility
multipurpose wheeled vehicles (UAHs).
(B) Procurement of wheeled vehicle add-on armor
protection, including armor for M1151/M1152 high
mobility multipurpose wheeled vehicles.
(C) Procurement of M1151/M1152 high mobility
multipurpose wheeled vehicles.
(2) Allocation of funds.--
(A) In general.--Subject to subparagraph (B), the
Secretary of the Army shall allocate the manner in
which amounts available under paragraph (1) shall be
available for the purposes specified in that paragraph.
(B) Limitation.--Amounts available under paragraph
(1) may not be allocated under subparagraph (A) until
the Secretary certifies to the congressional defense
committees that the Army has a validated requirement
for procurement for a purpose specified in paragraph
(1) based on a statement of urgent needs from a
commander of a combatant command.
(C) Reports.--Not later than 15 days after an
allocation of funds is made under subparagraph (A), the
Secretary shall submit to the congressional defense
committees a report describing such allocation of
funds.

SEC. 1404. NAVY AND MARINE CORPS PROCUREMENT.

(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 2006 for the procurement accounts of the Navy in amounts as
follows:
(1) For aircraft, $183,800,000.
(2) For weapons, including missiles and torpedoes,
$165,500,000.
(3) For other procurement, $30,800,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2006 for the procurement account for the Marine Corps
in the amount of $429,600,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2006 for the procurement account for
ammunition for the Navy and the Marine Corps in the amount of
$104,500,000.
(d) Availability of Certain Amounts.--
(1) Availability.--Of the amount authorized to be
appropriated by subsection (b), $340,400,000 shall be available
for purposes as follows:
(A) Procurement of up-armored high mobility
multipurpose wheeled vehicles (UAHs).
(B) Procurement of wheeled vehicle add-on armor
protection, including armor for M1151/M1152 high
mobility multipurpose wheeled vehicles.
(C) Procurement of M1151/M1152 high mobility
multipurpose wheeled vehicles.
(2) Allocation of funds.--
(A) In general.--Subject to subparagraph (B), the
Secretary of the Navy shall allocate the manner in
which amounts available under paragraph (1) shall be
available for the purposes specified in that paragraph.
(B) Limitation.--Amounts available under paragraph
(1) may not be allocated under subparagraph (A) until
the Secretary certifies to the congressional defense
committees that the Marine Corps has a validated
requirement for procurement for a purpose specified in
paragraph (1) based on a statement of urgent needs from
a commander of a combatant command.
(C) Reports.--Not later than 15 days after an
allocation of funds is made under subparagraph (A), the
Secretary shall submit to the congressional defense
committees a report describing such allocation of
funds.

SEC. 1405. 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), $360,800,000 may be made available--
(1) for the procurement of armored Tactical Wheeled
Vehicles for units deployed in Iraq and Afghanistan, including
the procurement of armored Light Tactical Vehicles (LTVs),
armored Medium Tactical Vehicles (MTVs), including Low
Signature Armored Cabs for the family of MTVs, and armored
Heavy Tactical Vehicles (HTVs); and
(2) to the extent the Secretary of the Army determines that
such amount is not needed for the procurement of such armored
Tactical Wheeled Vehicles for units deployed in Iraq and
Afghanistan, for the procurement of such armored vehicles in
accordance with other priorities of the Army.
(c) Offset.--The amount authorized to be appropriated by section
1409(a) for the Iraq Freedom Fund is hereby reduced by $360,800,000.

SEC. 1406. 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 $445,400,000.

SEC. 1407. AIR FORCE PROCUREMENT.

(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 may 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. 1408. 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.

SEC. 1409. OPERATION AND MAINTENANCE.

Funds are hereby authorized to be appropriated for fiscal year 2006
for the use of the Armed Forces for expenses, not otherwise provided
for, for operation and maintenance, in amounts as follows:
(1) For the Army, $22,139,775,000, of which $200,000,000
may be made available for linguistic support operations in Iraq
and Afghanistan.
(2) For the Navy, $1,944,300,000.
(3) For the Marine Corps, $1,808,231,000.
(4) For the Air Force, $2,635,555,000.
(5) For Defense-wide activities, $3,470,118,000.
(6) For the Naval Reserve, $2,400,000.

SEC. 1410. DEFENSE HEALTH PROGRAM.

Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2006 for expenses, not otherwise provided
for, the Defense Health Program, in the amount of $977,778,000, for
operation and maintenance.

SEC. 1411. MILITARY PERSONNEL.

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

SEC. 1412. IRAQ FREEDOM FUND.

(a) In General.--Funds are hereby authorized to be appropriated for
fiscal year 2006 for the Iraq Freedom Fund in the amount of
$4,325,670,000.
(b) Limitation on Availability of Certain Amount.--Of the amount
authorized to be appropriated by subsection (a), not less than
$500,000,000 shall be available only for support of activities of the
Joint Improvised Explosive Device Task Force.
(c) Transfer.--
(1) Transfer authorized.--Subject to paragraph (2), amounts
authorized to be appropriated by subsection (a) may be
transferred from the Iraq Freedom Fund to any accounts as
follows:
(A) Operation and maintenance accounts of the Armed
Forces.
(B) Military personnel accounts.
(C) Research, development, test, and evaluation
accounts of the Department of Defense.
(D) Procurement accounts of the Department of
Defense.
(E) Accounts providing funding for classified
programs.
(F) The operating expenses account of the Coast
Guard.
(2) Notice to congress.--A transfer may not be made under
the authority in paragraph (1) until 5 days after the date on
which the Secretary of Defense notifies the congressional
defense committees in writing of the transfer.
(3) Treatment of transferred funds.--Amounts transferred to
an account under the authority in paragraph (1) shall be merged
with amounts in such account, and shall be made available for
the same purposes, and subject to the same conditions and
limitations, as amounts in such account.
(4) Effect on authorization amounts.--A transfer of an
amount to an account under the authority in paragraph (1) shall
be deemed to increase the amount authorized for such account by
an amount equal to the amount transferred.

SEC. 1413. TRANSFER AUTHORITY.

(a) Authority To Transfer Authorizations.--
(1) Transfer authorized.--Upon determination by the
Secretary of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this title for fiscal year 2006 between any such authorizations
for that fiscal year (or any subdivisions thereof). Amounts of
authorizations so transferred shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(2) Limitation on aggregate amount.--The total amount of
authorizations that the Secretary may transfer under the
authority of this section may not exceed $2,500,000,000.
(3) Construction with other transfer authority.--The
transfer authority provided in this section is in addition to
any other transfer authority available to the Secretary of
Defense.
(b) Other Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred;
(2) may not be used to provide authority for an item that
has been denied authorization by Congress; and
(3) may not be combined with the authority under section
1001.
(c) Notice and Wait.--A transfer may be made under the authority of
this section only after the Secretary--
(1) consults with the Chairmen and Ranking Members of each
of the congressional defense committees with respect to such
transfer; and
(2) on a date after consultation under paragraph (1), but
not later than five days before the date of such transfer,
submits to the congressional defense committees written notice
of such transfer.
(d) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.

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 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.

TITLE XVI--TRANSITION SERVICES

SEC. 1601. SHORT TITLE.

This title may be cited as the ``Veterans' Enhanced Transition
Services Act of 2005''.

SEC. 1602. IMPROVED ADMINISTRATION OF TRANSITIONAL ASSISTANCE PROGRAMS.

(a) Preseparation Counseling.--Section 1142 of title 10, United
States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (4) as paragraph
(5); and
(B) by inserting after paragraph (3) the following
new paragraph (4):
``(4) For members of the reserve components of the armed forces
(including members of the National Guard on active duty under title 32)
who have been serving on active duty continuously for at least 180
days, the Secretary concerned shall provide preseparation counseling
under this section on an individual basis to all such members before
such members are separated.''; and
(2) in subsection (b)--
(A) in paragraph (4), by striking ``(4) Information
concerning'' and inserting the following:
``(4) Provision of information on civilian occupations and
related assistance programs, including information concerning--
``(A) certification and licensure requirements that
are applicable to civilian occupations;
``(B) civilian occupations that correspond to
military occupational specialties; and
``(C)''; and
(B) by adding at the end the following:
``(11) Information concerning the priority of service for
veterans in the receipt of employment, training, and placement
services provided under qualified job training programs of the
Department of Labor.
``(12) Information concerning veterans small business
ownership and entrepreneurship programs of the Small Business
Administration and the National Veterans Business Development
Corporation.
``(13) Information concerning employment and reemployment
rights and obligations under chapter 43 of title 38.
``(14) Information concerning veterans preference in
federal employment and federal procurement opportunities.
``(15) Contact information for housing counseling
assistance.
``(16) A description, developed in consultation with the
Secretary of Veterans Affairs, of health care and other
benefits to which the member may be entitled under the laws
administered by the Secretary of Veterans Affairs.''.
(b) Conforming and Clerical Amendments.--
(1) Conforming amendment.--The heading of such section is
amended to read as follows:
``Sec. 1142. Members separating from active duty: preseparation
counseling''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 58 of title 10, United States Code, is
amended by striking the item relating to section 1142 and
inserting the following:

``1142. Members separating from active duty: preseparation
counseling.''.
(c) Department of Labor Transitional Services Program.--Section
1144 of title 10, United States Code, is amended--
(1) in subsection (a)(1), by striking ``paragraph (4)(A)''
in the second sentence and inserting ``paragraph (5)(A)''; and
(2) by adding at the end the following new subsection:
``(e) Training Support Materials.--The Secretary concerned shall,
on a continuing basis and in cooperation with the Secretary of Labor,
update the content of all materials used by the Department of Labor
that provide direct training support to personnel who provide
transitional services counseling under this section.''.

SEC. 1603. FOLLOW UP ASSISTANCE FOR MEMBERS OF THE ARMED FORCES AFTER
PRESEPARATION PHYSICAL EXAMINATIONS.

Section 1145(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(5)(A) The Secretary of Defense shall, in consultation with the
Secretary of Veterans Affairs, ensure that appropriate actions are
taken to assist a member of the armed forces who, as a result of a
medical examination under paragraph (4), receives an indication for a
referral for follow up treatment from the health care provider who
performs the examination.
``(B) Assistance provided to a member under paragraph (1) shall
include the following:
``(i) Information regarding, and any appropriate referral
for, the care, treatment, and other services that the Secretary
of Defense or the Secretary of Veterans Affairs may provide to
such member under any other provision of law, including--
``(I) clinical services, including counseling and
treatment for post-traumatic stress disorder and other
mental health conditions; and
``(II) any other care, treatment, and services.
``(ii) Information on the private sector sources of
treatment that are available to the member in the member's
community.
``(iii) Assistance to enroll in the health care system of
the Department of Veterans Affairs for health care benefits for
which the member is eligible under laws administered by the
Secretary of Veterans Affairs.''.

SEC. 1604. REPORT ON TRANSITION ASSISTANCE PROGRAMS.

(a) Report Required.--Not later than May 1, 2006, the Secretary of
Defense shall, in consultation with the Secretary of Labor and the
Secretary of Veterans Affairs, submit to Congress a report on the
actions taken to ensure that the Transition Assistance Programs for
members of the Armed Forces separating from the Armed Forces (including
members of the regular components of the Armed Forces and members of
the reserve components of the Armed Forces) function effectively to
provide such members with timely and comprehensive transition
assistance when separating from the Armed Forces.
(b) Focus on Particular Members.--The report required by subsection
(a) shall include particular attention to the actions taken with
respect to the Transition Assistance Programs to assist the following
members of the Armed Forces:
(1) Members deployed to Operation Iraqi Freedom.
(2) Members deployed to Operation Enduring Freedom.
(3) Members deployed to or in support of other contingency
operations.
(4) Members of the National Guard activated under the
provisions of title 32, United States Code, in support of
relief efforts for Hurricane Katrina and Hurricane Rita.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2006''.

TITLE XXI--ARMY

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:

Army: Inside the United States
------------------------------------------------------------------------
Installation or
State                      location              Amount
------------------------------------------------------------------------
Alabama........................  Redstone Arsenal......      $20,000,000
Alaska.........................  Fort Richardson.......       $4,700,000
Fort Wainwright.......      $44,660,000
Arizona........................  Yuma Proving Ground...       $8,100,000
California.....................  Fort Irwin............      $17,000,000
Concord...............      $11,850,000
Colorado.......................  Fort Carson...........      $70,622,000
Georgia........................  Fort Benning..........      $28,211,000
Fort Gillem...........       $3,900,000
Fort Gordon...........       $4,550,000
Fort Stewart/Hunter         $57,980,000
Army Air Field.......
Hawaii.........................  Pohakuloa Training          $60,300,000
Area.
Schofield Barracks....      $53,900,000
Kansas.........................  Fort Riley............      $33,900,000
Kentucky.......................  Fort Campbell.........     $112,875,000
Fort Knox.............       $4,600,000
Louisiana......................  Fort Polk.............      $28,887,000
Missouri.......................  Fort Leonard Wood.....      $17,000,000
New Jersey.....................  Picatinny Arsenal.....       $4,450,000
New York.......................  Fort Drum.............      $73,350,000
United States Military       $4,000,000
Academy, West Point..
North Carolina.................  Fort Bragg............     $289,850,000
Oklahoma.......................  Fort Sill.............       $5,850,000
McAlester Army               $5,400,000
Ammunition Plant.....
Pennsylvania...................  Letterkenny Depot.....       $6,300,000
Texas..........................  Fort Hood.............      $46,438,000
Fort Sam Houston......       $7,000,000
Utah...........................  Dugway Proving Ground.      $25,000,000
Virginia.......................  Fort A.P. Hill........       $2,700,000
Fort Belvoir..........      $18,000,000
Fort Eustis...........       $3,100,000
Fort Myer.............      $15,200,000
Washington.....................  Fort Lewis............      $99,949,000
----------------
Total.............   $1,189,622,000
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:

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

SEC. 2102. FAMILY HOUSING.

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

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

(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(5)(A), the
Secretary of the Army may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $17,536,000.

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104(a)(5)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $300,400,000.

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2005,
for military construction, land acquisition, and military family
housing functions of the Department of the Army in the total amount of
$2,972,142,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $1,012,722,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $189,947,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$20,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $163,215,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $549,636,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $812,993,000.
(6) For the construction of phase 2 of a barracks complex
at Fort Campbell, Kentucky, authorized by section 2101(a) of
the Military Construction Authorization Act for Fiscal Year
2005 (division B of Public Law 108-375; 118 Stat. 2101),
$24,650,000.
(7) For the construction of phase 3 of the Lewis & Clark
instructional facility at Fort Leavenworth, Kansas, authorized
by section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1697), $42,642,000.
(8) For the construction of phase 2 of trainee barracks
basic training complex 1 at Fort Knox, Kentucky, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2005 (division B of Public Law 108-375; 118
Stat. 2101), $21,000,000.
(9) For the construction of phase 2 of a barracks complex
renewal at Fort Bragg, North Carolina, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat.
2101), $30,611,000.
(10) For the construction of phase 2 of a library and
learning center at the United States Military Academy, West
Point, New York, authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2005 (division B
of Public Law 108-375; 118 Stat. 2101), $25,470,000.
(11) For the construction of phase 2 of a barracks complex
at Vilseck, Germany, authorized by section 2101(b) of the
Military Construction Authorization Act for Fiscal Year 2004
(division B of Public Law 108-136; 117 Stat. 1698),
$13,600,000.
(12) For the construction of phase 2 of a vehicle
maintenance facility at Schofield Barracks, Hawaii, authorized
by section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2005 (division B of Public Law 108-375; 118
Stat. 2101), $24,656,000.
(13) For the construction of phase 2 of the Drum Road
upgrade at Helemano Military Reservation, Hawaii, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2005 (division B of Public Law 108-375; 118
Stat. 2101), $41,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a).
(2) $16,500,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex, 10300
block, Fort Drum, New York).
(3) $31,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex for the
2nd Brigade, Fort Bragg, North Carolina).
(4) $77,400,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex for
DIVARTY, Fort Bragg, North Carolina).
(5) $50,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex for the
3rd Brigade, Fort Bragg, North Carolina).
(6) $13,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a defense access road, Fort
Belvoir, Virginia).

SEC. 2105. CONSTRUCTION OF BATTALION DINING FACILITIES, FORT KNOX,
KENTUCKY.

(a) Authorization of Appropriations.--The amount authorized to be
appropriated by section 2104(a) for military construction, land
acquisition, and military family housing functions of the Department of
the Army and the amount of such funds authorized by paragraph (1) of
such subsection for military construction projects inside the United
States are each hereby decreased by $3,600,000.
(b) Use of Funds.--Of the amount authorized to be appropriated by
section 2104(a)(1) for the Department of the Army and available for
military construction at Fort Knox, Kentucky, $4,600,000 is available
for the construction of battalion dining facilities at Fort Knox.

TITLE XXII--NAVY

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:

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

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installation or location outside the
United States, and in the amount, set forth in the following table:

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

SEC. 2202. FAMILY HOUSING.

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

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

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(a)(5)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $178,644,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2005,
for military construction, land acquisition, and military family
housing functions of the Department of the Navy in the total amount of
$1,918,465,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $761,751,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $25,584,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $1.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $54,507,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $222,139,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $593,660,000.
(6) For the construction of increment 2 of the Presidential
Helicopter program support facility at Naval Air Warfare
Station, Patuxent River, Maryland, authorized by section
2201(c) of the Military Construction Authorization Act for
Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat.
2106), $55,700,000.
(7) For the construction of increment 2 of the apron and
hangar recapitalization at Naval Air Field, El Centro,
California, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2005 (division B
of Public Law 108-375; 118 Stat. 2105), $18,666,000.
(8) For the construction of increment 3 of pier 11
replacement at Naval Station, Norfolk, Virginia, authorized by
section 2201(a) of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1704), $40,200,000.
(9) For the construction of increment 2 of the limited area
production and storage complex at Strategic Weapons Facility
Pacific, Bangor, Washington, authorized by section 2201(a) of
the Military Construction Authorization Act for Fiscal Year
2005 (division B of Public Law 108-375; 118 Stat. 2106),
$47,095,000.
(10) For the construction of increment 2 of a White Side
complex at Marine Corps Air Facility, Quantico, Virginia,
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2005 (division B of Public
Law 108-375; 118 Stat. 2106), $34,730,000.
(11) For the construction of increment 3 of the general
purpose berthing pier at Naval Weapons Station, Earle, New
Jersey, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2004 (division B
of Public Law 108-136; 117 Stat. 1704), $64,432,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a).
(2) $43,424,000 (the balance of the amount authorized under
section 2201(a) to replace a helicopter hangar, Naval Air
Station, Jacksonville, Florida).
(3) $45,850,000 (the balance of the amount authorized under
section 2201(a) to upgrade infrastructure, Recruit Training
Command, Great Lakes, Illinois).
(4) $26,790,000 (the balance of the amount authorized under
section 2201(a) for construction of the Wesley Brown Field
House, United States Naval Academy, Annapolis, Maryland).
(5) $31,059,000 (the balance of the amount authorized under
section 2201(a) to replace ship repair pier 3, Naval Station,
Norfolk, Virginia).
(6) $21,000,000 (the balance of the amount authorized under
section 2201(a) for construction of a bachelor enlisted
quarters for the homeport ashore program, Naval Station,
Everett, Washington).
(7) $33,421,000 (the balance of the amount authorized under
section 2201(a) to perform reclamation and conveyance
activities, Marine Corps Base, Camp Pendleton, California).
(8) $29,889,000 (the balance of the amount authorized under
section 2201(b) to improve Alpha/Bravo wharves, Naval Station,
Guam).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (11) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced
by $92,354,000, which represents prior year savings.

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

(a) Modification of Inside the United States Projects.--The table
in section 2201(a) of the Military Construction Authorization Act for
Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2106) is
amended--
(1) in the item relating to Marine Corps Air Facility,
Quantico, Virginia, by striking ``$73,838,000'' in the amount
column and inserting ``$74,470,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$952,687,000''.
(b) Modification of Unspecified Worldwide Project.--The table in
section 2201(c) of the Military Construction Authorization Act for
Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2106) is
amended--
(1) in the item relating to Unspecified Worldwide, by
striking ``$105,982,000'' in the amount column and inserting
``$95,200,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$95,200,000''.
(c) Conforming Amendments.--Section 2204(b) of that Act (118 Stat.
2108) is amended--
(1) in paragraph (4), by striking ``$34,098,000'' and
inserting ``$34,730,000''; and
(2) in paragraph (7), by striking ``$65,982,000'' and
inserting ``$55,200,000''.

SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2004 PROJECT.

(a) Modification of Inside the United States Project.--The table in
section 2201(a) of the Military Construction Authorization Act for
Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1704) is
amended--
(1) in the item relating to Naval Weapons Station, Earle,
New Jersey, by striking ``$123,720,000'' in the amount column
and inserting ``$140,372,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,352,524,000''.
(b) Conforming Amendment.--Section 2204(b)(4) of that Act is
amended by striking ``$96,980,000'' and inserting ``$113,652,000''.

TITLE XXIII--AIR FORCE

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
inside the United States, and in the amounts, set forth in the
following table:

Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State                      location              Amount
------------------------------------------------------------------------
Alabama........................  Maxwell Air Force Base      $14,900,000
Alaska.........................  Clear Air Station.....      $20,000,000
Elmendorf Air Force         $84,820,000
Base.
Arizona........................  Davis-Monthan Air            $8,600,000
Force Base.
Luke Air Force Base...      $13,000,000
Arkansas.......................  Little Rock Air Force        $2,500,000
Base.
California.....................  Beale Air Force Base..      $14,200,000
Edwards Air Force Base     $103,000,000
Travis Air Force Base.      $42,500,000
Vandenberg Air Force        $16,845,000
Base.
Colorado.......................  Buckley Air Force Base      $20,100,000
Peterson Air Force          $12,800,000
Base.
United States Air           $13,000,000
Force Academy.
Delaware.......................  Dover Air Force Base..      $19,000,000
District of Columbia...........  Bolling Air Force Base      $14,900,000
Florida........................  Cape Canaveral........       $6,200,000
Hurlburt Field........       $2,540,000
MacDill Air Force Base     $107,200,000
Tyndall Air Force Base      $11,500,000
Georgia........................  Robins Air Force Base.       $2,000,000
Hawaii.........................  Hickam Air Force Base.      $13,378,000
Idaho..........................  Mountain Home Air            $9,835,000
Force Base.
Louisiana......................  Barksdale Air Force         $10,800,000
Base.
Massachusetts..................  Hanscom Air Force Base       $3,900,000
Mississippi....................  Columbus Air Force          $10,000,000
Base.
Keesler Air Force Base      $47,500,000
Missouri.......................  Whiteman Air Force           $5,721,000
Base.
Montana........................  Malmstrom Air Force         $13,500,000
Base.
Nebraska.......................  Offutt Air Force Base.      $63,080,000
Nevada.........................  Indian Springs Air          $60,724,000
Force Auxiliary Field
Nellis Air Force Base.      $24,370,000
New Jersey.....................  McGuire Air Force Base      $13,185,000
New Mexico.....................  Holloman Air Force          $15,000,000
Base.
Kirtland Air Force           $6,600,000
Base.
North Dakota...................  Minot Air Force Base..       $8,700,000
Ohio...........................  Wright-Patterson Air        $19,670,000
Force Base.
Oklahoma.......................  Tinker Air Force Base.      $31,960,000
Vance Air Force Base..      $14,000,000
South Carolina.................  Charleston Air Force         $2,583,000
Base.
Shaw Air Force Base...       $9,730,000
South Dakota...................  Ellsworth Air Force          $8,400,000
Base.
Texas..........................  Sheppard Air Force          $36,000,000
Base.
Utah...........................  Hill Air Force Base...      $33,900,000
Virginia.......................  Langley Air Force Base      $38,665,000
Washington.....................  Fairchild Air Force          $8,200,000
Base.
----------------
Total.............   $1,039,006,000
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
outside the United States, and in the amounts set forth in the
following table:

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

SEC. 2302. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(5)(A), the Secretary of the Air Force may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations or locations, for the purposes, and in
the amounts set forth in the following table:

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

(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(a)(5)(A), the
Secretary of the Air Force may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $37,104,000.

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(a)(5)(A), the Secretary of the Air Force may improve
existing military family housing units in an amount not to exceed
$409,113,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2005,
for military construction, land acquisition, and military family
housing functions of the Department of the Air Force in the total
amount of $3,108,982,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $914,006,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $185,596,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$15,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $83,719,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $1,142,622,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $766,939,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 of this
Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a).
(2) $30,000,000 (the balance of the amount authorized under
section 2301(a) for a C-17 maintenance complex, Elmendorf Air
Force Base, Alaska).
(3) $66,000,000 (the balance of the amount authorized under
section 2301(a) to replace the main runway, Edwards Air Force
Base, California).
(4) $29,000,000 (the balance of the amount authorized under
section 2301(a) for construction of a joint intelligence center
for Headquarters, Central Command, MacDill Air Force Base,
Florida).

TITLE XXIV--DEFENSE AGENCIES

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a)(1), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:

Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
Agency                      location             Amount
------------------------------------------------------------------------
Defense Intelligence Agency....  Bolling Air Force Base,      $7,900,000
District of Columbia..
Defense Logistics Agency.......  Cannon Air Force Base,      $13,200,000
New Mexico............
Defense Distribution         $6,500,000
Depot, New Cumberland,
Pennsylvania..........
Defense Distribution        $33,635,000
Depot, Tracy,
California............
Fort Belvoir, Virginia.      $4,500,000
Marine Corps Air             $7,300,000
Station Yuma, Arizona.
McConnell Air Force         $15,800,000
Base, Kansas..........
Miramar, California....     $23,000,000
Naval Station, Norfolk,      $6,700,000
Virginia..............
Seymour Johnson Air         $18,500,000
Force Base, North
Carolina..............
Defense Education Agency.......  Fort Bragg, North           $18,075,000
Carolina..............
Fort Stewart/Hunter         $16,629,000
Army Air Field,
Georgia...............
National Security Agency.......  Augusta, Georgia.......     $61,466,000
Fort Meade, Maryland...     $28,049,000
Kunia, Hawaii..........     $61,466,000
Special Operations Command.....  Eglin Air Force Base,       $12,800,000
Florida...............
Fort Bragg, North           $14,769,000
Carolina..............
Fort Campbell, Kentucky     $37,800,000
Fort Lewis, Washington.     $53,300,000
Fort Stewart/Hunter         $10,000,000
Army Air Field,
Georgia...............
Naval Surface Warfare       $28,350,000
Center, Corona,
California............
TRICARE Management Activity....  Beale Air Force Base,       $18,000,000
California............
Charleston, South           $35,000,000
Carolina..............
Fort Detrick, Maryland.     $55,200,000
Keesler Air Force Base,     $14,000,000
Mississippi...........
Lackland Air Force          $11,000,000
Base, Texas...........
Naval Hospital, San         $15,000,000
Diego, California.....
Nellis Air Force Base,       $1,700,000
Nevada................
Uniformed Services          $10,350,000
University of the
Health Sciences,
Bethesda, Maryland....
Peterson Air Force           $1,820,000
Base, Colorado........
---------------
Total..............    $641,809,000
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a)(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:

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

SEC. 2402. ENERGY CONSERVATION PROJECTS.

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

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2005, for military
construction, land acquisition, and military family housing functions
of the Department of Defense (other than the military departments) in
the total amount of $2,973,914,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $641,809,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $123,104,000.
(3) For unspecified minor military construction projects
under section 2805 of title 10, United States Code,
$15,736,000.
(4) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$10,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $135,081,000.
(6) For energy conservation projects authorized by section
2403 of this Act, $60,000,000.
(7) For base closure and realignment activities funded
through the account created pursuant to section 2906 of, and
authorized by, the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $377,827,000.
(8) For base closure and realignment activities funded
through the account created pursuant to section 2906A of, and
authorized by, the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $1,504,466,000.
(9) For military family housing functions:
(A) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $46,391,000.
(B) For credit to the Department of Defense Family
Housing Improvement Fund established by section
2883(a)(1) of title 10, United States Code, $2,500,000.
(10) For the construction of increment 2 of the hospital
replacement at Fort Belvoir, Virginia, authorized by section
2401(a) of the Military Construction Authorization Act of
Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat.
2100), $57,000,000.
(b) Notice and Wait Requirement Applicable to Obligation of Funds
for Base Closure and Realignment Activities.--None of the funds
authorized to be appropriated by subsection (a)(8) may be obligated
until 21 days after the date on which the Secretary of Defense submits
to the congressional defense committees a report describing the
specific programs, projects, and activities for which such funds are to
be obligated.

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM

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

The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2005, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment program authorized by
section 2501, in the amount of $206,858,000.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2005, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the reserve components, and for contributions therefore, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), in the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United
States, $445,100,000; and
(B) for the Army Reserve, $121,077,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $50,226,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $264,061,000; and
(B) for the Air Force Reserve, $79,260,000.

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

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

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

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

SEC. 2604. CONSTRUCTION OF MAINTENANCE HANGAR, NEW CASTLE COUNTY
AIRPORT AIR GUARD BASE, DELAWARE.

(a) Authorization of Appropriations.--The amount authorized to be
appropriated by section 2601(3)(A) for the Department of the Air Force
for the Air National Guard of the United States is hereby increased by
$1,440,000.
(b) Use of Funds.--Of the amount authorized to be appropriated by
section 2601(3)(A) for the Department of the Air Force for the Air
National Guard of the United States, as increased by subsection (a),
$1,440,000 is available for planning and design for a replacement C-130
aircraft maintenance hangar at Air National Guard New Castle County
Airport, Delaware.
(c) Offset.--The amount authorized to be appropriated by section
2204(a) for military construction, land acquisition, and military
family housing functions of the Department of the Navy and the amount
of such funds authorized by paragraph (11) of such subsection for the
construction of increment 3 of the general purpose berthing pier at
Naval Weapons Station, Earle, New Jersey, are each hereby decreased by
$1,440,000.

SEC. 2605. NATIONAL GUARD CONSTRUCTION PROJECTS.

(a) Army National Guard at Camp Dawson, West Virginia.--
(1) Authorization of appropriations.--The amount authorized
to be appropriated by section 2601(1)(A) for the Department of
the Army for the Army National Guard of the United States is
hereby increased by $4,500,000.
(2) Use of funds.--Of the amount authorized to be
appropriated by section 2601(1)(A) for the Department of the
Army for the Army National Guard of the United States, as
increased by paragraph (1), $4,500,000 is available for the
construction of a readiness center at Camp Dawson, West
Virginia.
(3) Offset.--The amount authorized to be appropriated by
section 2601(3)(A) for the Department of the Air Force for the
Air National Guard of the United States, and available for the
construction of a bridge/gate house/force protection entry
project at Camp Yeager, West Virginia, is hereby decreased by
$4,500,000.
(b) Air National Guard at Eastern West Virginia Regional Airport.--
Of the amount authorized to be appropriated by section 2603(3)(A) for
the Department of the Air Force for the Air National Guard of the
United States, and otherwise available for the construction of a
bridge/gate house/force protection entry project at Air National Guard
Base, West Virginia, $2,000,000 shall be available instead for C-5
aircraft shop upgrades at Eastern West Virginia Regional Airport,
Shepherd Field, Martinsburg, West Virginia.

TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.

(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVI for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2008; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2009.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2008; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2009 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment program.

SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2003
PROJECTS.

(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B of
Public Law 107-314; 116 Stat. 2681), authorizations set forth in the
tables in subsection (b), as provided in sections 2301, 2302, and 2401
of that Act, shall remain in effect until October 1, 2006, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2007, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:

Air Force: Extension of 2003 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State                   Installation or location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Florida...............................  Eglin Air Force Base.....  Replace family housing (134       $15,906,000
Units)......................
Florida...............................  Eglin Air Force Base.....  Replace Family Housing Office        $597,000
Mississippi...........................  Keesler Air Force Base...  Replace family housing (117       $16,505,000
Units)......................
Texas.................................  Randolph Air Force Base..  Replace family housing (112       $14,311,000
Units)......................
Texas.................................  Randolph Air Force Base..  Replace Housing Maintenance          $447,000
Facility....................
Italy.................................  Aviano Air Base..........  Consolidate Area A-1 and A-2.      $5,000,000
----------------------------------------------------------------------------------------------------------------

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

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

(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2002 (division B of
Public Law 107-107; 115 Stat. 1301), authorizations set forth in the
tables in subsection (b), as provided in sections 2101 and 2302 of that
Act, shall remain in effect until October 1, 2006, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 2007, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:

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

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

SEC. 2704. EFFECTIVE DATE.

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

TITLE XXVIII--GENERAL PROVISIONS

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

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

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

SEC. 2802. MODIFICATION OF COST VARIATION AUTHORITY.

(a) Limitation on Cost Decreases Related to Military Construction
and Military Family Housing Projects.--Section 2853 of title 10, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking ``may be increased by not more than
25 percent'' and inserting ``may be increased or
decreased by not more than 25 percent''; and
(B) by striking ``if the Secretary concerned
determines that such an increase in cost is required''
and inserting ``if the Secretary concerned determines
that such revised cost is required'';
(2) in subsection (c)--
(A) by striking ``limitation on cost increase'' and
inserting ``limitation on cost variations''; and
(B) by striking ``the increase'' both place it
appears and inserting ``the variation''; and
(3) in subsection (d), by striking ``limitation on cost
increases'' and inserting ``limitation on cost variations''.
(b) Additional Information Required for Notification in Connection
with Waiver of Limitations on Cost Increases.--Subsection (c)(2) of
such section is further amended by inserting after ``the reasons
therefor'' the following: ``, including a description of the funds
proposed to be used to finance any increased costs''.
(c) Technical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 2853. Authorized cost and scope of work variations''.
(2) Table of sections.--The item relating to such section
in the table of sections at the beginning of chapter 169 of
such title is amended to read as follows:

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

SEC. 2803. DEPARTMENT OF DEFENSE HOUSING FUNDS.

(a) Requirement To Fund Certain Acquisition and Improvement of
Military Housing Solely Through Defense Housing Funds.--Subsection (e)
of section 2883 of title 10, United States Code, is amended--
(1) by striking ``The Secretary'' and inserting ``(1) The
Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Funds established under subsection (a) shall be the sole
source of funds for activities carried out under this subchapter.''.
(b) Authority to Transfer Funds Appropriated for the Improvement of
Military Family Housing to Defense Housing Funds.--Subsection (c)(1)(B)
of such section is amended by striking ``acquisition or construction''
and inserting ``acquisition, improvement, or construction''.
(c) Reporting Requirements Related to Department of Defense Housing
Funds.--Section 2884 of such title is amended--
(1) in subsection (a)(2)(D), by inserting after
``description of the source of such funds'' the following: ``,
including a description of the specific construction,
acquisition, or improvement projects from which funds were
transferred to the Funds established under section 2883 of this
title in order to finance the contract, conveyance, or lease'';
and
(2) in subsection (b)(1)--
(A) by striking ``a report'' and inserting ``a
separate report'';
(B) by striking ``covering the Funds'' and
inserting ``covering each of the Funds''; and
(C) by striking the period at the end and inserting
the following: ``, including a description of the
specific construction, acquisition, or improvement
projects from which funds were transferred and the
privatization projects or contracts to which those
funds were transferred. Each report shall also include,
for each military department or defense agency, a
description of all funds to be transferred to such
Funds for the current fiscal year and the next fiscal
year.''.

SEC. 2804. TEMPORARY AUTHORITY TO USE MINOR MILITARY CONSTRUCTION
AUTHORITY FOR CONSTRUCTION OF CHILD DEVELOPMENT CENTERS.

(a) Thresholds on Construction Authorized.--The Secretary of
Defense shall establish a program to carry out minor military
construction projects under section 2805 of title 10, United States
Code, to construct child development centers.
(b) Increased Maximum Amounts Applicable to Minor Construction
Projects.--For the purpose of any military construction project carried
out under the authority provided by this section--
(1) the amount specified in the second sentence of
subsection (a)(1) of section 2805 of title 10, United States
Code, shall be deemed to be $7,000,000;
(2) the amount specified in the third sentence of
subsection (a)(1) of such section shall be deemed to be
$8,000,000;
(3) the amount specified in subsection (b)(1) of such
section shall be deemed to be $5,000,000;
(4) the amount specified in subsection (c)(1)(A) of such
section shall be deemed to be $7,000,000; and
(5) the amount specified in subsection (c)(1)(B) of such
section shall be deemed to be $5,000,000.
(c) Program Requirements.--
(1) Notification.--All notification requirements under such
section shall remain in effect for construction projects
carried out under the authority provided by this section.
(2) Review and approval.--The Secretary shall establish
procedures for the review and approval of requests from the
Secretaries of military departments to carry out construction
projects under the authority provided by this section.
(d) Report on Program.--
(1) Report required.--Not later than March 1, 2007, the
Secretary of Defense shall submit to the congressional defense
committees a report on the program authorized under this
section.
(2) Content.--The report shall include--
(A) a list and description of the construction
projects carried out under the program, including the
location and cost of each such project; and
(B) the assessment of the Secretary of the
advisability of extending or expanding the authority
for the program under this section.
(e) Expiration of Authority.--The authority provided by this
section expires on September 30, 2007.
(f) Construction of Authority.--Nothing in this section may be
construed to limit any other authority provided by law for a military
construction project at a child development center.
(g) Child Development Center Defined.--In this section, the term
``child development center'' includes a facility, and the utilities to
support such facility, the function of which is to support the daily
care of children aged 6 weeks old through 5 years old for full-day,
part-day, and hourly service.

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

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

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

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

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

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

Subtitle B--Real Property and Facilities Administration

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

Section 2667a of title 10, United States Code, is amended--
(1) by amending the heading to read as follows:
``Sec. 2667a. Leases: non-excess property of Defense Agencies and
Department of Defense Field Activities'';
(2) in subsection (a)(1), by striking ``Defense agency''
and inserting ``Defense Agency or Department of Defense Field
Activity''; and
(3) in subsection (d)--
(A) by striking ``Defense agency'' and inserting
``Defense Agency or Department of Defense Field
Activity''; and
(B) by striking ``a Defense agency's special
account'' and inserting ``the special account of a
Defense Agency or Department of Defense Field
Activity''.

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

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

SEC. 2823. EXPANDED AUTHORITY TO ENTER INTO LEASE-PURCHASE AGREEMENTS.

Section 2812 of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``a private contractor'' and
inserting ``an eligible entity''; and
(B) by striking ``the contractor'' and inserting
``the eligible entity'';
(2) in subsection (c)--
(A) by striking ``(c)(1)'' and inserting ``(c)'';
(B) by striking paragraph (2); and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2); and
(3) by adding at the end the following new subsection:
``(e) In this section, the term `eligible entity' means any private
person, corporation, firm, partnership, company, or State or local
government.''.

Subtitle C--Land Conveyances

PART I--ARMY CONVEYANCES

SEC. 2841. LAND CONVEYANCE, HELENA, MONTANA.

(a) Conveyance Authorized.--The Secretary of the Army may convey by
quitclaim deed to the Helena Indian Alliance, all right, title, and
interest of the United States in and to a parcel of real property
consisting of approximately 3.0 acres located at Sheridan Hall United
States Army Reserve Center, 501 Euclid Avenue, Helena, Montana,
including improvements thereon, for the purposes of supporting Native
American health care, mental health counseling, and the operation of an
education training center.
(b) Reversionary Interest.--If the Secretary determines at any time
that the real property conveyed under subsection (a) is not being used
in accordance with the purposes of the conveyance specified in such
subsection, all right, title, and interest in and to the property shall
revert, at the option of the Secretary, to the United States, and the
United States shall have the right of immediate entry onto the
property. Any determination of the Secretary under this subsection
shall be made on the record after an opportunity for a hearing.
(c) Payment of Costs of Conveyance.--
(1) In general.--The Secretary shall require the Helena
Indian Alliance to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including survey costs, costs related to environmental
documentation, and other administrative costs related to the
conveyance. If amounts are collected from the Helena Indian
Alliance in advance of the Secretary incurring the actual
costs, and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the conveyance, the
Secretary shall refund the excess amount to the Alliance.
(2) Reimbursement.--Amounts received as reimbursement under
paragraph (1) shall be credited to the fund or account that was
used to cover the costs incurred by the Secretary in carrying
out the conveyance. Amounts so credited shall be merged with
amounts in such fund or account and shall be available for the
same purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(d) Description of Real Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United State.

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

(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Snohomish County Fire Protection District
#10 (in this section referred to as the ``Fire District'') all right,
title, and interest of the United States in and to a parcel of real
property, including any improvements thereon, consisting of
approximately 1.0 acres located at the Army Reserve Center, Bothell,
Washington, for the purpose of permitting the Fire District to operate
a fire station on the property.
(b) Reversionary Interest.--If the Secretary determines at any time
that the real property conveyed under subsection (a) is not being used
in accordance with the purpose of the conveyance specified in such
subsection, all right, title, and interest in and to the property shall
revert, at the option of the Secretary, to the United States, and the
United States shall have the right of immediate entry onto the
property. Any determination of the Secretary under this subsection
shall be made on the record after an opportunity for a hearing.
(c) Payment of Costs of Conveyance.--
(1) In general.--The Secretary may require the Fire
District to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to
carry out the conveyance under subsection (a), including survey
costs, costs related to environmental documentation, and other
administrative costs related to the conveyance. If amounts are
collected from the Fire District in advance of the Secretary
incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to
Fire District.
(2) Reimbursement.--Amounts received as reimbursement under
paragraph (1) shall be credited to the fund or account that was
used to cover the costs incurred by the Secretary in carrying
out the conveyance. Amounts so credited shall be merged with
amounts in such fund or account, and shall be available for the
same purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by surveys satisfactory to the Secretary. The cost
of each survey shall be borne by the Fire District.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.

SEC. 2843. LAND CONVEYANCE, IOWA ARMY AMMUNITION PLANT, MIDDLETOWN,
IOWA.

(a) Conveyance Authorized.--The Secretary of the Army may convey to
the City of Middletown (in this section referred to as the ``City'')
all right, title, and interest of the United States in and to a parcel
of real property, including any improvements thereon, consisting of
approximately 1.0 acres located at the Iowa Army Ammunition Plant,
Middletown, Iowa, for the purpose of economic development.
(b) Consideration.--As consideration for the conveyance of property
under subsection (a), the City shall provide the United States, whether
by cash payment, in-kind consideration, or a combination thereof, an
amount that is not less than the fair market value of the conveyed
property, as determined by the Secretary.
(c) Payment of Costs of Conveyance.--
(1) In general.--The Secretary may require the City to
cover costs to be incurred by the Secretary, or to reimburse
the Secretary for costs incurred by the Secretary, to carry out
the conveyance under subsection (a), including survey costs,
costs related to environmental documentation, and other
administrative costs related to the conveyance. If amounts are
collected from the City in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the conveyance,
the Secretary shall refund the excess amount to the City.
(2) Reimbursement.--Amounts received as reimbursement under
paragraph (1) shall be credited to the fund or account that was
used to cover the costs incurred by the Secretary in carrying
out the conveyance. Amounts so credited shall be merged with
amounts in such fund or account, and shall be available for the
same purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by surveys satisfactory to the Secretary. The cost
of each survey shall be borne by the City.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.

PART II--NAVY CONVEYANCES

SEC. 2851. LAND CONVEYANCE, MARINE CORPS AIR STATION, MIRAMAR, SAN
DIEGO, CALIFORNIA.

(a) Conveyance Authorized.--Subject to subsection (c), the
Secretary of the Navy may convey to the County of San Diego, California
(in this section referred to as the ``County''), all right, title, and
interest of the United States in and to a parcel of real property,
including any improvements thereon and appurtenant easements thereto,
consisting of approximately 230 acres located on the eastern boundary
of Marine Corps Air Station, Miramar, California, for the purpose of
removing the property from the boundaries of the installation and
permitting the County to preserve the entire property known as the
Stowe Trail as a public passive park/recreational area.
(b) Consideration.--
(1) In general.--As consideration for the conveyance under
subsection (a), the County shall provide the United States an
amount with a total value that is not less than the fair market
value of the conveyed real property, as determined by the
Secretary.
(c) Reversionary Interest.--
(1) In general.--If the Secretary determines at any time
that the real property conveyed under subsection (a) is not
being used in accordance with the purpose of the conveyance
specified in such subsection, all right, title, and interest in
and to the property, including any improvements thereon, shall
revert, at the option of the Secretary, to the United States,
and the United States shall have the right of immediate entry
onto the property. Any determination of the Secretary under
this subsection shall be made on the record after an
opportunity for a hearing.
(2) Release of reversionary interest.--The Secretary shall
release, without consideration, the reversionary interest
retained by the United States under paragraph (1) if the Marine
Corps Air Station, Miramar, is no longer being used for
Department of Defense activities.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require the
County to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to
carry out the conveyance under subsection (a) and implement the
receipt of consideration under subsection (b), including
appraisal costs, survey costs, costs related to environmental
documentation, and other administrative costs related to the
conveyance and receipt of consideration. If amounts are
collected from the County in advance of the Secretary incurring
the actual costs, and the amount received exceeds the costs
actually incurred by the Secretary under this section, the
Secretary shall refund the excess amount to the County.
(2) Reimbursement.--Amounts received as reimbursement under
paragraph (1) shall be credited to the fund or account that was
used to cover the costs incurred by the Secretary in carrying
out the conveyance. Amounts so credited shall be merged with
amounts in such fund or account and shall be available for the
same purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.

SEC. 2852. LEASE OF UNITED STATES NAVY MUSEUM FACILITIES AT WASHINGTON
NAVY YARD, DISTRICT OF COLUMBIA.

(a) Lease or License Authorized.--
(1) In general.--The Secretary of the Navy may lease to the
Naval Historical Foundation (in this section referred to as the
``Foundation'') facilities located at Washington Naval Yard,
Washington, District of Columbia, that house the United States
Navy Museum (in this section referred to as the ``Museum'') for
the purpose of carrying out the following activities:
(A) Generation of revenue for the Museum through
the rental of facilities to the public, commercial and
non-profit entities, State and local governments, and
other Federal agencies.
(B) Administrative activities in support of the
Museum.
(2) Limitation.--Any activities carried out at the leased
facilities under paragraph (1) must be consistent with the
operations of the Museum.
(b) Consideration.--The amount of consideration paid in a year by
the Foundation to the United States for the lease of facilities under
subsection (a) may not exceed the actual cost, as determined by the
Secretary, of the annual operation and maintenance of the facilities.
(c) Use of Proceeds.--
(1) Deposit of proceeds.--The Secretary shall deposit any
amounts received under subsection (b) for the lease or license
of facilities under subsection (a) into the account for
appropriations available for the operation and maintenance of
the Museum.
(2) Availability of amounts.--The Secretary may use any
amounts deposited under paragraph (1) to cover the costs
associated with the operation and maintenance of the Museum and
its exhibits.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the lease or
lease of facilities under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.

PART III--AIR FORCE CONVEYANCES

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

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

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.

Subtitle D--Other Matters

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

(a) Consolidation of Acquisition Authority.--Section 2663 of title
10, United States Code, is amended--
(1) in the heading, by inserting ``authority'' after
``Acquisition'';
(2) in subsection (a)--
(A) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (C), respectively;
(B) by striking ``(a) The Secretary'' and inserting
the following:
``(a) In General.--(1) The Secretary''; and
(C) in paragraph (1)(C), as redesignated by this
paragraph, by striking ``clause (2)'' and inserting
``subparagraph (B)'';
(3) by redesignating subsections (b), (c), and (d), as
paragraphs (2), (3), and (4), respectively;
(4) by striking ``subsection (a)'' each place it appears
and inserting ``paragraph (1)''; and
(5) by adding at the end the following new subsections:
``(b) Low-Cost Interests in Land.--(1) The Secretary of a military
department may acquire any interest in land that--
``(A) the Secretary determines--
``(i) is needed in the interest of national
defense; and
``(ii) does not cost more than $750,000,
exclusive of administrative costs and the
amounts of any deficiency judgments; or
``(B) the Secretary determines--
``(i) is needed solely to correct a
deficiency that is life-threatening, health-
threatening, or safety-threatening; and
``(ii) does not cost more than $1,500,000,
exclusive of administrative costs and the
amounts of any deficiency judgments.
``(2) This subsection does not apply to the acquisition, as part of
the same project, of more than one parcel of land unless--
``(A) the parcels are noncontiguous; or
``(B) if the parcels are contiguous--
``(i) the total cost of such parcels is not more
than $750,000 in the case of an acquisition under
paragraph (1)(A); or
``(ii) the total cost of such parcels is not more
than $1,500,000 in the case of an acquisition under
paragraph (1)(B).
``(3) Appropriations available to the Department of Defense for
operation and maintenance or for military construction may be used for
the acquisition of land or interests in land under paragraph (1).
``(c) Interests in Land When Need Is Urgent.--(1) The Secretary of
a military department may acquire any interest in land in any case in
which the Secretary determines that--
``(A) the acquisition is needed in the interest of
national defense;
``(B) the acquisition is required to maintain the
operational integrity of a military installation; and
``(C) considerations of urgency do not permit the
delay necessary to include the acquisition in an annual
Military Construction Authorization Act.
``(2) Not later than 10 days after the date on which the Secretary
of a military department determines to acquire an interest in land
under the authority of this subsection, the Secretary shall submit to
the Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives written notice
containing a description of the property and interest to be acquired
and the reasons for the acquisition.
``(3) Appropriations available for military construction may be
used for the acquisition of land under this subsection.
``(d) Scope of Authority.--The authority to acquire interests in
real property (including a temporary interest) under this section
includes authority to--
``(1) make surveys; and
``(2) acquire interests in real property by gift, purchase,
exchange of real property owned by the United States, or
otherwise.''.
(b) Acquisition Limitations.--
(1) Transfer of limitations.--Section 2676 of such title
is--
(A) transferred to appear after section 2663 of
such title; and
(B) redesignated as section 2664 of such title.
(2) Stylistic and clerical amendments.--Section 2664 of
such title, as redesignated by paragraph (1), is amended--
(A) by striking subsection (b);
(B) by redesignating subsections (c), (d), and (e)
as subsections (b), (c), and (d), respectively;
(C) in subsection (b), as redesignated by
subparagraph (B)--
(i) by striking ``determines (A) that
such'' and inserting the following:
``determines that--
``(A) such'';
(ii) by striking ``cost, and (B) that
such'' and inserting the following: ``cost; and
``(B) that such''; and
(iii) by striking ``subsection (d)'' and
inserting ``subsection (c)'';
(D) in subsection (c), as so redesignated, by
striking ``subsection (c)'' and inserting ``subsection
(b)''; and
(E) in subsection (d), as so redesignated, by
striking ``subsections (c) and (d)'' and inserting
``subsections (b) and (c)''.
(c) Repeal of Consolidated Sections.--The following sections of
chapter 159 of such title are repealed:
(1) Section 2672.
(2) Section 2672a.
(d) Clerical Amendments.--The table of sections at the beginning of
such chapter is amended--
(1) by amending the item relating to section 2663 to read
as follows:

``2663. Acquisition authority.'';
(2) by inserting after the item relating to section 2663
the following new item:

``2664. Acquisition: limitations.''; and
(3) by striking the items relating to sections 2672, 2672a,
and 2676.
(e) Repeal of Obsolete Authority.--Section 2665 of such title is
amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b), (c), (d), (e), and
(f) as subsections (a), (b), (c), (d), and (e), respectively;
(3) in subsection (b), as redesignated by paragraph (2), by
striking ``subsection (a) or (b)'' and inserting ``subsection
(a)''; and
(4) in paragraph (2) of subsection (e), as so
redesignated--
(A) by striking ``subsections (a) and (b)'' and
inserting ``subsection (a)'';
(B) by striking ``subsection (d)'' and inserting
``subsection (c)''; and
(C) by striking ``subsection (e)'' and inserting
``subsection (d)''.
(f) Transfer of Ford Island Provision.--
(1) Transfer and redesignation.--Section 2814 of such title
is--
(A) transferred to appear after section 7524 of
such title; and
(B) redesignated as section 7525 of such title.
(2) Technical and conforming amendments.--Subsection (i) of
section 7525 of such title, as transferred and redesignated by
paragraph (1), is amended--
(A) in paragraph (2)--
(i) by striking ``To extent'' and inserting
``To the extent; and
(ii) by striking ``this chapter'' and
inserting ``chapter 169 of this title''; and
(B) in paragraph (3)(B), by striking ``this
chapter'' and inserting ``chapter 169 of this title''.
(3) Clerical amendments.--(A) The table of sections at the
beginning of chapter 169 of such title is amended by striking
the item relating to section 2814.
(B) The table of sections at the beginning of chapter 645
of such title is amended by adding at the end the following new
item:

``7525. Special authority for development of Ford Island,
Hawaii.''.
(g) Application of Real Property Management Authorities to Pentagon
Reservation.--Section 2661 of such title is amended by adding at the
end the following new subsection:
``(d) In this chapter, the terms `Secretary concerned' and
`Secretary of a military department' include the Secretary of Defense
with respect to the Pentagon Reservation.''.

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

(a) Report Required.--Not later than May 1, 2006, the Secretary of
Defense shall submit to the congressional defense committees a report
on the application of Department of Defense Anti-Terrorism/Force
Protection standards to all facilities leased by the Department of
Defense or leased by the General Services Administration as an agent
for the Department of Defense as of September 30, 2005.
(b) Information on Leased Facilities.--For each facility identified
in the report submitted under subsection (a), the Secretary shall
include the following:
(1) A description of the function of the leased facility,
including the location, size, terms of lease, and the number of
personnel housed within the facility.
(2) A description of the threat assessment and the joint
security integrated vulnerability assessment for each leased
facility.
(3) A description and cost estimate of any actions
necessary to mitigate risk to an acceptable level in each
leased facility.
(4) A description and cost estimate of the actions to be
taken by the Secretary of Defense for each leased facility to
ensure compliance with Department of Defense Anti-Terrorism/
Force Protection standards.
(5) The total estimated cost of, and a proposed funding
plan for, implementation of the force protection and anti-
terrorism measures required to ensure the compliance of all
leased facilities with Defense Anti-Terrorism/Force Protection
standards.
(c) Information on Support Priorities.--The report submitted under
subsection (a) shall also include a separate description of the
procedures used by the Secretary of Defense to prioritize funding for
the application of force protection and antiterrorism standards to
leased facilities, including a description of any such procedures
applicable to the entire Department of Defense.
(d) Applicability.--The reporting requirements under this section
apply to any space or facility that houses 11 or more personnel in
service to, or employed by, the Department of Defense.

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

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

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

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

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

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

SEC. 2886. SENSE OF CONGRESS ON ESTABLISHMENT OF BAKERS CREEK MEMORIAL.

(a) Findings.--Congress makes the following findings:
(1) In 1943 and 1944, the United States Armed Forces
operated a rest and relaxation facility in Mackay, Queensland,
Australia, for troops serving in the Pacific Theater during
World War II.
(2) On June 14, 1943, a Boeing B-17C was transporting 6
crew members and 35 servicemen from Mackay to Port Moresby, New
Guinea, to return the servicemen to duty after 10 days of rest
and relaxation leave at an Army/Red Cross facility.
(3) The aircraft crashed shortly after take-off at Bakers
Creek, Australia, killing all 6 crew members and 34 of the 35
servicemen being transported in what was at that point the
worst crash in American air transport history, and what remains
the worst air disaster in Australian history.
(4) Due to wartime censorship rules related to the movement
of troops, the tragic crash and loss of life were not reported
to the Australian or United States public.
(5) Many family members of those killed did not learn the
circumstances of the troops deaths until they were contacted by
the Bakers Creek Memorial Foundation beginning in 1992.
(6) As of May 2005, the Bakers Creek Memorial Foundation
had contacted 36 of the 40 families that lost loved ones in the
tragic crash, and was continuing efforts to locate the
remaining four families to inform them of the true events of
the crash at Bakers Creek.
(7) The Australian people marked the tragic crash at Bakers
Creek with a memorial established in 1992, but no similar
memorial has been established in the United States.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of the Army may establish an appropriate marker, at a site to
be chosen at the discretion of the Secretary, to commemorate the 40
members of the United States Armed Forces who lost their lives in the
air crash at Bakers Creek, Australia, on June 14, 1943.

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.

SEC. 2888. TREATMENT OF INDIAN TRIBAL GOVERNMENTS AS PUBLIC ENTITIES
FOR PURPOSES OF DISPOSAL OF REAL PROPERTY RECOMMENDED FOR
CLOSURE IN JULY 2003 BRAC COMMISSION REPORT.

Section 8013 of the Department of Defense Appropriations Act, 1994
(Public Law 103-139; 107 Stat. 1440) is amended by striking ``the
report to the President from the Defense Base Closure and Realignment
Commission, July 1991'' and inserting ``the reports to the President
from the Defense Base Closure and Realignment Commission, July 1991 and
July 1993''.

SEC. 2889. SENSE OF THE SENATE REGARDING COMMUNITY IMPACT ASSISTANCE
RELATED TO CONSTRUCTION OF NAVY LANDING FIELD, NORTH
CAROLINA.

It is the sense of the Senate that--
(1) the planned construction of an outlying landing field
in North Carolina is vital to the national security interests
of the United States; and
(2) the Department of Defense should work with other
Federal agencies to provide community impact assistance to
those communities directly impacted by the location of the
outlying landing field, including, where appropriate--
(A) economic development assistance;
(B) impact aid program assistance;
(C) the provision by cooperative agreement with the
Navy of fire, rescue, water, and sewer services;
(D) access by leasing arrangement to appropriate
land for farming for farmers impacted by the location
of the landing field;
(E) direct relocation assistance; and
(F) fair compensation to landowners for property
purchased by the Navy.

SEC. 2890. 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''.

SEC. 2891. REQUIRED CONSULTATION WITH STATE AND LOCAL ENTITIES ON
TRANSPORTATION, HOUSING, AND OTHER INFRASTRUCTURE ISSUES
RELATED TO THE ADDITION OF PERSONNEL OR FACILITIES AT
MILITARY INSTALLATIONS AS PART OF 2005 ROUND OF DEFENSE
BASE CLOSURE AND REALIGNMENT.

Section 2905(a) of the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
is amended by adding at the end the following new paragraph:
``(3) In carrying out any closure or realignment under this part
that would add personnel or facilities to an existing military
installation, the Secretary shall consult with appropriate State and
local entities on matters affecting the local community related to
transportation, utility infrastructure, housing, schools, and family
support activities during the development of plans to implement such
closure or realignment.''.

SEC. 2892. SENSE OF THE SENATE ON REVERSIONARY INTERESTS AT NAVY
HOMEPORTS.

It is the sense of the Senate that, in implementing the decisions
made with respect to Navy homeports as part of the 2005 round of
defense base closure and realignment, the Secretary of the Navy should,
consistent with the national interest and Federal policy supporting
cost-free conveyances of Federal surplus property suitable for use as
port facilities, release or otherwise relinquish any entitlement to
receive, pursuant to any agreement providing for such payment,
compensation from any holder of a reversionary interest in real
property used by the United States for improvements made to any
military installation that is closed or realigned as part of such base
closure round.

SEC. 2893. IDENTIFICATION OF ENVIRONMENTAL CONDITIONS AT MILITARY
INSTALLATIONS CLOSED OR REALIGNED UNDER 2005 ROUND OF
DEFENSE BASE CLOSURE AND REALIGNMENT.

(a) Identification of Environmental Condition of Property.--
(1) In general.--Not later than May 31, 2007, the Secretary
of Defense, in consultation with the Administrator of the
Environmental Protection Agency, other appropriate Federal
agencies, and State, tribal, and local government officials,
shall complete an identification of the environmental condition
of the real property (including groundwater) of each military
installation approved for closure or realignment under the 2005
round of defense base closure and realignment in accordance
with section 120(h)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9620(h)(4)).
(2) Results.--
(A) In general.--As soon as practicable after the
date on which an identification under paragraph (1) is
completed, the Secretary of Defense shall--
(i) provide a notice of the results of the
identification to--
(I) the Administrator of the
Environmental Protection Agency;
(II) the head of any other
appropriate Federal agency, as
determined by the Secretary; and
(III) any affected State or tribal
government official, as determined by
the Secretary; and
(ii) publish in the Federal Register the
results of the identification.
(B) Request for concurrence.--The Secretary shall
include in a notice provided under subclause (I) or
(III) of subparagraph (A)(i) a request for concurrence
with the identification in such form as the Secretary
determines to be appropriate.
(3) Concurrence.--
(A) In general.--An identification under paragraph
(1) shall not be considered to be complete until--
(i) for a property that is a site, or part
of a site, on the National Priorities List
developed by the President in accordance with
section 105(a)(8)(B) of the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C.
9605(a)(8)(B)), the date on which the
Administrator of the Environmental Protection
Agency and each appropriate State and tribal
government official concur with the
identification; and
(ii) for any property that is not a site
described in clause (i), the date on which each
appropriate State and tribal government
official concurs with the identification.
(B) Failure to act.--The Administrator, or a State
or tribal government official, shall be considered to
concur with an identification under paragraph (1) if
the Administrator or government official fails to make
a determination with respect to a request for
concurrence with such identification under paragraph
(2)(B) by not later than 90 days after the date on
which such request for concurrence is received.
(b) Expediting Environmental Response.--The Secretary of Defense
shall coordinate with appropriate Federal, State, tribal, and local
governmental officials, as determined by the Secretary, to expedite
environmental response at military installations approved for closure
or realignment under the 2005 round of defense base closure and
realignment.
(c) Report.--The Secretary shall submit to Congress, as part of
each annual report under section 2706 of title 10, United States Code,
a report describing any progress made in carrying out this section.
(d) Effect of Section.--Nothing in this section affects any
obligation of the Secretary with respect to any other Federal or State
requirement relating to--
(1) the environment; or
(2) the transfer of property.

SEC. 2894. SENSE OF CONGRESS ON LIMITATION ON TRANSFER OF UNITS FROM
CLOSED AND REALIGNED MILITARY INSTALLATIONS PENDING
READINESS OF RECEIVING LOCATIONS.

(a) Findings.--
(1) The Commission on Review of Overseas Military Facility
Structure of the United States, also known as the Overseas
Basing Commission, transmitted a report to the President and
Congress on August 15, 2005, that discussed considerations for
the return to the United States of up to 70,000 service
personnel and 100,000 family members and civilian employees
from overseas garrisons.
(2) The 2005 Base Closure and Realignment Commission
released a report on September 8, 2005, to the President that
assessed the closure and realignment decisions of the
Department of Defense, which would affect 26,830 military
personnel positions.
(3) Both of these reports expressed concerns that massive
movements of units, service personnel, and families may disrupt
unit operational effectiveness and the quality of life for
family members if not carried out with adequate planning and
resources.
(4) The 2005 Base Closure and Realignment Commission, in
its decision to close Fort Monmouth, included a provision
requiring the Secretary of Defense to provide a report that
``movement of organizations, functions, or activities from Fort
Monmouth to Aberdeen Proving Ground will be accomplished
without disruption of their support to the Global War on
Terrorism or other critical contingency operations, and that
safeguards exist to ensure that necessary redundant
capabilities are put in place to mitigate potential degradation
of such support, and to ensure maximum retention of critical
workforce''.
(5) The Overseas Basing Commission found that ``base
closings at home along with the return of yet additional masses
of service members and dependents from overseas will have major
impact on local communities and the quality of life that can be
expected. Movements abroad from established bases into new
locations, or into locations already in use that will be put
under pressure by increases in populations, will impact on
living conditions.''
(6) The Overseas Basing Commission notes that the four most
critical elements of quality of life as they relate to
restructuring of the global defense posture are housing,
military child education, healthcare, and service member and
family services.
(7) The Overseas Basing Commission recommended that
``planners must take a `last day-first day' approach to the
movement of units and families from one location to another'',
meaning that they must maintain the support infrastructure for
personnel until the last day they are in place and must have
the support infrastructure in place on the first day troops
arrive in the new location.
(8) The Overseas Basing Commission further recommended that
it is ``imperative that the `last day-first day' approach
should be taken whether the movement is abroad from one locale
to another, from overseas to the United States, or from one
base in CONUS [the continental United States] to yet another as
a result of base realignment and closures''.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should not transfer any unit from a military
installation closed or realigned due to the relocation of forces under
the Integrated Global Presence and Basing Strategy or the 2005 round of
defense base closure and realignment until adequate facilities and
infrastructure necessary to support the unit's mission and quality of
life requirements for military families are ready for use at the
receiving location.

DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2006 for
the activities of the National Nuclear Security Administration in
carrying out programs necessary for national security in the amount of
$9,357,427,000, to be allocated as follows:
(1) For weapons activities, $6,590,319,000.
(2) For defense nuclear nonproliferation activities,
$1,637,239,000, 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.
(3) For naval reactors, $786,000,000.
(4) For the Office of the Administrator for Nuclear
Security, $343,869,000.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for weapons
activities as follows:
(1) For readiness in technical base and facilities, the
following new plant projects:
Project 06-D-140, Readiness in Technical Base and
Facilities Program (RTBF), project engineering and
design, various locations, $19,113,000.
Project 06-D-402, replacement of Fire Stations
Number 1 and Number 2, Nevada Test Site, Nevada,
$8,284,000.
Project 06-D-403, tritium facility modernization,
Lawrence Livermore National Laboratory, Livermore,
California, $2,600,000.
Project 06-D-404, remediation, restoration, and
upgrade of Building B-3, Nevada Test Site, Nevada,
$16,000,000.
(2) For facilities and infrastructure recapitalization, the
following new plant projects:
Project 06-D-160, Facilities and Infrastructure
Recapitalization Program (FIRP), project engineering
and design, various locations, $5,811,000.
Project 06-D-601, electrical distribution system
upgrade, Pantex Plant, Amarillo, Texas, $4,000,000.
Project 06-D-602, gas main and distribution system
upgrade, Pantex Plant, Amarillo, Texas, $3,700,000.
Project 06-D-603, Steam Plant Life Extension
Project (SLEP), Y-12 National Security Complex, Oak
Ridge, Tennessee, $729,000.
(3) For naval reactors, the following new plant project:
Project 06-N-901, Central Office Building 2, Bettis
Atomic Power Laboratory, West Mifflin, Pennsylvania,
$7,000,000.

SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.

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

SEC. 3103. OTHER DEFENSE ACTIVITIES.

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

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2006 for defense nuclear waste disposal for
payment to the Nuclear Waste Fund established in section 302(c) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of
$301,447,000.

Subtitle B--Other Matters

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

(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Energy shall submit to the
congressional defense committees a report detailing plans for achieving
compliance under the Design Basis Threat issued by the Department of
Energy in 2004.
(b) Content.--The report required under subsection (a) shall
include--
(1) an implementation plan with associated funding
requirements to achieve by September 30, 2007, compliance under
the Design Basis Threat of all Department of Energy and
National Nuclear Security Administration sites that contain
nuclear weapons or special nuclear material; and
(2) an evaluation of options for applying security
technologies and innovative protective force deployment to
increase the efficiency and effectiveness of efforts to protect
against the threats postulated in the Design Basis Threat.
(c) Form.--The report required under subsection (a) shall be
submitted in classified form with an unclassified summary.

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

(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Energy shall submit to the
congressional defense committees an independent cost estimate prepared
by the Army Corps of Engineers for the Waste Treatment and
Immobilization Plant project at the Hanford Site, Richland, Washington
(in this section referred to as the ``project'').
(b) Content.--The cost estimate required under subsection (a) shall
include estimates of the total cost and annual funding requirements,
listed by year, to complete the project, assuming a completion date in
each of 2011, 2012, 2013, 2014, and 2015.

SEC. 3113. REPORT ON INTERNATIONAL BORDER SECURITY PROGRAMS.

(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Energy shall, in consultation
with the Secretary of Defense, the Secretary of State, and, as
appropriate, the Secretary of Homeland Security, submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the management by such Secretaries of
border security programs in the countries of the former Soviet Union
and other countries.
(b) Content.--The report required under subsection (a) shall
include--
(1) a description of the roles and responsibilities of each
department and agency of the United States Government in
international border security programs;
(2) a description of the interactions and coordination
among departments and agencies of the United States Government
that are conducting international border security programs;
(3) a description of the mechanisms that exist to ensure
coordination, avoid duplication, and provide a means to resolve
conflicts or problems that might arise in the implementation of
international border security programs;
(4) a discussion of whether there is existing interagency
guidance that addresses the roles, interactions, and dispute
resolution mechanisms for departments and agencies of the
United States Government that are conducting international
border security programs, and the adequacy of such guidance if
it exists; and
(5) recommendations to improve the coordination and
effectiveness of international border security programs.

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

(a) In General.--Section 1412(c)(4) of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521(c)(4)), is amended--
(1) by inserting ``(A)'' after ``(4)'';
(2) in the first sentence--
(A) by inserting ``and tribal organizations'' after
``State and local governments''; and
(B) by inserting ``and tribal organizations'' after
``those governments'';
(3) in the third sentence--
(A) by striking ``Additionally, the Secretary'' and
inserting the following:
``(B) Additionally, the Secretary''; and
(B) by inserting ``and tribal organizations'' after
``State and local governments''; and
(4) by adding at the end the following:
``(C) In this paragraph, the term `tribal
organization' has the meaning given the term in section
4(l) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(l)).''.
(b) Effective Date.--The amendments made by subsection (a)--
(1) take effect on December 5, 1991; and
(2) apply to any cooperative agreement entered into on or
after that date.

SEC. 3115. 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.

SEC. 3116. ROCKY FLATS ENVIRONMENTAL TECHNOLOGY SITE.

(a) Definitions.--In this section:
(1) Essential mineral right.--The term ``essential mineral
right'' means a right to mine sand and gravel at Rocky Flats,
as depicted on the map.
(2) Fair market value.--The term ``fair market value''
means the value of an essential mineral right, as determined by
an appraisal performed by an independent, certified mineral
appraiser under the Uniform Standards of Professional Appraisal
Practice.
(3) Map.--The term ``map'' means the map entitled ``Rocky
Flats National Wildlife Refuge'', dated July 25, 2005, and
available for inspection in appropriate offices of the United
States Fish and Wildlife Service and the Department of Energy.
(4) Natural resource damage liability claim.--The term
``natural resource damage liability claim'' means a natural
resource damage liability claim under subsections (a)(4)(C) and
(f) of section 107 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9607)
arising from hazardous substances releases at or from Rocky
Flats that, as of the date of enactment of this Act, are
identified in the administrative record for Rocky Flats
required by the National Oil and Hazardous Substances Pollution
Contingency Plan prepared under section 105 of that Act (42
U.S.C. 9605).
(5) Rocky flats.--The term ``Rocky Flats'' means the
Department of Energy facility in the State of Colorado known as
the ``Rocky Flats Environmental Technology Site''.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(7) Trustees.--The term ``Trustees'' means the Federal and
State officials designated as trustees under section 107(f)(2)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9607(f)(2)).
(b) Purchase of Essential Mineral Rights.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, such amounts authorized to be
appropriated under subsection (c) shall be available to the
Secretary to purchase essential mineral rights at Rocky Flats.
(2) Conditions.--The Secretary shall not purchase an
essential mineral right under paragraph (1) unless--
(A) the owner of the essential mineral right is a
willing seller; and
(B) the Secretary purchases the essential mineral
right for an amount that does not exceed fair market
value.
(3) Limitation.--Only those funds authorized to be
appropriated under subsection (c) shall be available for the
Secretary to purchase essential mineral rights under paragraph
(1).
(4) Release from liability.--Notwithstanding any other law,
any natural resource damage liability claim shall be considered
to be satisfied by--
(A) the purchase by the Secretary of essential
mineral rights under paragraph (1) for consideration in
an amount equal to $10,000,000;
(B) the payment by the Secretary to the Trustees of
$10,000,000; or
(C) the purchase by the Secretary of any portion of
the mineral rights under paragraph (1) for--
(i) consideration in an amount less than
$10,000,000; and
(ii) a payment by the Secretary to the
Trustees of an amount equal to the difference
between--
(I) $10,000,000; and
(II) the amount paid under clause
(i).
(5) Use of funds.--
(A) In general.--Any amounts received under
paragraph (4) shall be used by the Trustees for the
purposes described in section 107(f)(1) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9607(f)(1)),
including--
(i) the purchase of additional mineral
rights at Rocky Flats; and
(ii) the development of habitat restoration
projects at Rocky Flats.
(B) Condition.--Any expenditure of funds under this
paragraph shall be made jointly by the Trustees.
(C) Additional funds.--The Trustees may use the
funds received under paragraph (4) in conjunction with
other private and public funds.
(6) Exemption from national environmental policy act.--Any
purchases of mineral rights under this subsection shall be
exempt from the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(7) Rocky flats national wildlife refuge.--
(A) Transfer of management responsibilities.--The
Rocky Flats National Wildlife Refuge Act of 2001 (16
U.S.C. 668dd note; Public Law 107-107) is amended--
(i) in section 3175--
(I) by striking subsections (b) and
(f); and
(II) by redesignating subsections
(c), (d), and (e) as subsections (b),
(c), and (d), respectively; and
(ii) in section 3176(a)(1), by striking
``section 3175(d)'' and inserting ``section
3175(c)''.
(B) Boundaries.--Section 3177 of the Rocky Flats
National Wildlife Refuge Act of 2001 (16 U.S.C. 668dd
note; Public Law 107-107) is amended by striking
subsection (c) and inserting the following:
``(c) Composition.--
``(1) In general.--Except as provided in paragraph (2), the
refuge shall consist of land within the boundaries of Rocky
Flats, as depicted on the map--
``(A) entitled `Rocky Flats National Wildlife
Refuge';
``(B) dated July 25, 2005; and
``(C) available for inspection in the appropriate
offices of the United States Fish and Wildlife Service
and the Department of Energy.
``(2) Exclusions.--The refuge does not include--
``(A) any land retained by the Department of Energy
for response actions under section 3175(c);
``(B) any land depicted on the map described in
paragraph (1) that is subject to 1 or more essential
mineral rights described in section 3114(a) of the
National Defense Authorization Act for Fiscal Year 2006
over which the Secretary shall retain jurisdiction of
the surface estate until the essential mineral rights--
``(i) are purchased under subsection (b) of
that Act; or
``(ii) are mined and reclaimed by the
mineral rights holders in accordance with
requirements established by the State of
Colorado; and
``(C) the land depicted on the map described in
paragraph (1) on which essential mineral rights are
being actively mined as of the date of enactment of the
National Defense Authorization Act for Fiscal Year 2006
until--
``(i) the essential mineral rights are
purchased; or
``(ii) the surface estate is reclaimed by
the mineral rights holder in accordance with
requirements established by the State of
Colorado.
``(3) Acquisition of additional land.--Notwithstanding
paragraph (2), upon the purchase of the mineral rights or
reclamation of the land depicted on the map described in
paragraph (1), the Secretary shall--
``(A) transfer the land to the Secretary of the
Interior for inclusion in the refuge; and
``(B) the Secretary of the Interior shall--
``(i) accept the transfer of the land; and
``(ii) manage the land as part of the
refuge.''.
(c) Funding.--Of the amounts authorized to be appropriated to the
Secretary for the Rocky Flats Environmental Technology Site for fiscal
year 2006, $10,000,000 may be made available to the Secretary for the
purposes described in subsection (b).

SEC. 3117. PROHIBITION ON USE OF FUNDS FOR ROBUST NUCLEAR EARTH
PENETRATOR.

None of the funds authorized to be appropriated to the Department
of Energy under this Act may be made available for the Robust Nuclear
Earth Penetrator.

SEC. 3118. SENSE OF THE SENATE REGARDING INTERIM REPORTS ON RESIDUAL
BERYLLIUM CONTAMINATION AT DEPARTMENT OF ENERGY VENDOR
FACILITIES.

(a) Findings.--The Senate makes the following findings:
(1) Section 3169 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 42
U.S.C. 7384 note) requires the National Institute for
Occupational Safety and Health to submit, not later than
December 31, 2006, an update to the October 2003 report of the
Institute on residual beryllium contamination at Department of
Energy vendor facilities.
(2) The American Beryllium Company, Tallevast, Florida,
machined beryllium for the Department of Energy's Oak Ridge Y-
12, Tennessee, and Rocky Flats, Colorado, facilities from 1967
until 1992.
(3) The National Institute for Occupational Safety and
Health has completed its evaluation of residual beryllium
contamination at the American Beryllium Company.
(4) Workers at the American Beryllium Company and other
affected companies should be made aware fo the site-specific
results of the study as soon as such results are available.
(b) Sense of the Senate.--It is the sense of the Senate to urge the
Director of the National Institute for Occupational Safety and Health--
(1) to provide to Congress interim reports of residual
beryllium contamination at facilities not later than 14 days
after completing the internal review of such reports; and
(2) to publish in the Federal Register summaries of the
findings of such reports, including the dates of any
significant residual beryllium contamination, at such time as
the reports are provided to Congress under paragraph (1).

SEC. 3119. REPORT ON ADVANCED TECHNOLOGIES FOR NUCLEAR POWER REACTORS
IN THE UNITED STATES.

(a) Report Required.--Not later than six months after the date of
the enactment of this Act, the Secretary of Energy shall submit to
Congress a report on advanced technologies for nuclear power reactors
in the United States.
(b) Report Elements.--The report required by subsection (a) shall
include the following:
(1) A description and assessment of technologies under
development for advanced nuclear power reactors that offer the
potential for further enhancements of the safety performance of
nuclear power reactors.
(2) A description and assessment of technologies under
development for advanced nuclear power reactors that offer the
potential for further enhancements of proliferation-resistant
nuclear power reactors.
(c) Form of Report.--The information in the report required by
subsection (a) shall be presented in manner and format that facilitates
the dissemination of such information to, and the understanding of such
information by, the general public.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. AUTHORIZATION.

There are authorized to be appropriated for fiscal year 2006,
$22,032,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).

TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

SEC. 3301. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR PREVIOUSLY
AUTHORIZED DISPOSALS FROM NATIONAL DEFENSE STOCKPILE.

(a) Disposal Authority.--Section 3303(a)(5) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public Law
105-261; 50 U.S.C. 98d note), as amended by section 3302 of the Ronald
W. Reagan National Defense Authorization Act for Year 2005 (Public Law
108-375; 50 U.S.C. 98d note), is amended by striking paragraph (5) and
inserting the following new paragraphs:
``(5) $900,000,000 by the end of fiscal year 2010.
``(6) $1,000,000,000 by the end of fiscal year 2013.''.
(b) Additional Disposal Authority.--Section 3402(b) of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
Stat. 972; 50 U.S.C. 98d note), as amended by section 3302 of the
National Defense Authorization Act for Fiscal Year 2004 (Public Law
108-136; 50 U.S.C. 98d note), is amended by striking paragraph (4) and
inserting the following new paragraphs:
``(4) $500,000,000 before the end of fiscal year 2010.
``(5) $600,000,000 before the end of fiscal year 2013.''.

SEC. 3302. AUTHORIZATION FOR DISPOSAL OF TUNGSTEN ORES AND
CONCENTRATES.

(a) Disposal Authorized.--The President may dispose of up to
8,000,000 pounds of contained tungsten in the form of tungsten ores and
concentrates from the National Defense Stockpile in fiscal year 2006.
(b) Certain Sales Authorized.--The tungsten ores and concentrates
disposed under subsection (a) may be sold to entities with ore
conversion or tungsten carbide manufacturing or processing capabilities
in the United States.

SEC. 3303. DISPOSAL OF FERROMANGANESE.

(a) Disposal Authorized.--The Secretary of Defense may dispose of
up to 75,000 tons of ferromanganese from the National Defense Stockpile
during fiscal year 2006.
(b) Contingent Authority for Additional Disposal.--If the Secretary
of Defense completes the disposal of the total quantity of
ferromanganese authorized for disposal by subsection (a) before
September 30, 2006, the Secretary of Defense may dispose of up to an
additional 25,000 tons of ferromanganese from the National Defense
Stockpile before that date.
(c) Certification.--The Secretary of Defense may dispose of
ferromanganese under the authority of subsection (b) only if the
Secretary submits written certification to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives, not later than 30 days before the commencement of
disposal, that--
(1) the disposal of the additional ferromanganese from the
National Defense Stockpile is in the interest of national
defense;
(2) the disposal of the additional ferromanganese will not
cause undue disruption to the usual markets of producers and
processors of ferromanganese in the United States; and
(3) the disposal of the additional ferromanganese is
consistent with the requirements and purpose of the National
Defense Stockpile.
(d) Delegation of Responsibility.--The Secretary of Defense may
delegate the responsibility of the Secretary under subsection (c) to an
appropriate official within the Department of Defense.
(e) National Defense Stockpile Defined.--In this section, the term
``National Defense Stockpile'' means the stockpile provided for in
section 4 of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c).

Passed the Senate November 15, 2005.

Attest:

Secretary.
109th CONGRESS

1st Session

S. 1042

_______________________________________________________________________

AN ACT

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

_______________________________________________________________________

November 15, 2005

Ordered to be printed as passed